DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s reply with the certified English translation filed 02/06/2026 for the instant application has been acknowledged. Therefore, the benefit accords to the foreign applications: KR10-2021-0058412 with filing date 05/06/2021 and KR10-2022-0036368 with filing date 03/24/2022.
Applicant’s corrections filed 02/06/2026 with respect to claim objections for claim(s) 2, 8, and 12-14 made on 11/06/2025 have been considered and the objection to the claims is withdrawn.
Applicant's arguments filed 02/06/2026 with respect to claim(s) 1 and 12-14 have been considered but are moot in view of the new ground(s) of rejection under 102(a)(2) based on previously cited prior art Jha et al. (US 2023/0298468 A1). Applicant’s argument: On pgs. 7-8, Applicant argues that Jha does not teach new limitation “a same value of the adjustment offset is used for a plurality of VRU devices transmitting messages clustered by the server.” Applicant explains that Jha “describe[s] VAM generation rules based on an individual device’s change in position, speed, or orientation. In Jha, the timing of message generation is triggered by the unique state of each device. Consequently, in Jha’s system, each VRU device operates on its own independent timeline, leading to a scattered distribution of message generation times across different devices... Jha does not teach or suggest aligning the internal message generation triggers of multiple devices by applying a uniform (same) offset value. Therefore, nothing in Jha suggests, provides or motivates a configuration where a plurality of VRUs are constrained to use the same value for an adjustment offset.”
Examiner’s response:In view of Applicant’s amendment and argument, Examiner reconsiders Jha’s teaching and submits that Jha teaches the amendment including the new limitation.
First, Jha teaches a VRU 116 includes a VRU ITS-S 117 which can be a vehicle ITS-station processing VRU application logic, and vehicles 110 include IVS 101 which may be referred to as vehicle ITS stations. The VRU 116 and the vehicles 110 may be motorcycles. (Fig. 1, [0024]-[0025], [0034], [0038]).
Second, Jha teaches an ITS-S reference architecture 200 that includes a VRU Basic Service (VBS) 221 and a Position and Time management (PoTi) 222 which gets information from a GNSS to ensure ITS time synchronicity between ITS-Ss. The VBS 221 consumes data (such as time and position) from PoTi 222 to generate VAMs. The VAMs are also generated based on GenerationDeltaTime which is a measure of the number of milliseconds elapsed since the ITS epoch, modulo 216 (e.g., 65 536) and a value T_GenVAM, and are then shared with the network access node (NAN) 130. (Fig. 2, [0050], [0069], [0228]-[0229], [0232]).
With respect to the new limitation, Jha teaches a cluster includes VRUs where VRUs transmit individual VAMs after being a member of the cluster, i.e., either when, as leader, it breaks up the cluster, or when, as any cluster member, it leaves the cluster, where the generation time in the VAMs is the GenerationDeltaTime which is a measure of the number of milliseconds elapsed since the ITS epoch, modulo 216 (e.g., 65 536), and the VAM generation is also based on the value T_GenVAM (Fig. 2, [0041], [0069], [0314]).
Therefore, the Examiner submits that Jha teaches the amendment including the new limitation.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 8 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 8 recites the limitation "the same time" in “wherein the same time is determined based on a time obtained by adding the adjustment offset to the global time.” There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-6, and 8-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jha et al. (US 2023/0298468 A1).
Regarding claims 1, 12, 13, and 14, Jha discloses (claim 1) A method performed by a Vulnerable Road User (VRU) device, the method comprising; and (claim 12) A Vulnerable Road User (VRU) device, the VRU device comprising: at least one processor; and at least one computer memory connected operably to the at least one processor and configured to store instructions for enabling the at least one processor to perform operations when executed, wherein the operations comprise; and (claim 13) A processor performing operations for a vulnerable Road User (VRU) device, the operations comprising; and (claim 14) A non-volatile computer-readable storage medium storing at least one computer program comprising an instruction configured to enable at least one processor to perform operations for a vulnerable Road User (VRU) device when executed by the at least one processor, the operations comprising (Fig. 1, [0034]: Environment 100 also includes VRU 116, which includes a VRU ITS-S 117. The VRU 116 is a non-motorized road users as well as L class of vehicles (e.g., … motorcycles…). [0036]: A VRU 116 can be equipped with a portable device (e.g., device 117). The term “VRU” may be used to refer to both a VRU 116 and its VRU device 117. [0024]: the vehicles 110 are automobiles. However, also it can be applicable to other types of vehicles, such as … motorcycles. [0025]: Vehicles 110 including a computing system (e.g., IVS 101) as well as the vehicles referenced throughout the present disclosure, may be referred to as … vehicle ITS stations (V-ITS-S) 110. [0038]: The VRU systems considered in the present disclosure are Cooperative Intelligent Transport Systems (C-ITS) that comprise at least one Vulnerable Road User (VRU) and one ITS-Station with a VRU application. The ITS-S can be a Vehicle ITS-Station or a Road side ITS-Station that is processing the VRU application logic. Fig. 12: node 1250 includes a processor 1252 and a memory 1254 with instructions 1282. [0412]: node 1250 when implemented as or as part of a computing device (e.g., as a mobile device, a base station, server, gateway, infrastructure equipment, road side unit (RSU) or R-ITS-S 130, radio head, relay station, server, and/or any other element/device discussed herein)):
obtaining information about a global time ([0228]: FIG. 2 shows the VRU-specific functionality, including interfaces mapped to the ITS-S architecture. The VRU-specific functionality is centered around the VRU Basic Service (VBS) 221 located in the facilities layer, which consumes data from other facility layer services such as the Position and Time management (PoTi) 222 … The PoTi entity 222 provides the position of the ITS-S and time information. [0229]: The Position and Time management entity (PoTi) 222 manages the position and time information for use by ITS applications, facility, network, management, and security layers. For this purpose, the PoTi 222 gets information from sub-system entities such as GNSS, sensors and other subsystem of the ITS-S. The PoTi 222 ensures ITS time synchronicity between ITS-Ss in an ITS constellation);
generating a message based on the information about the global time and an adjustment offset related to a generation timing of the message ([0228]: The VRU-specific functionality is centered around the VRU Basic Service (VBS) 221 located in the facilities layer, which consumes data from other facility layer services such as the Position and Time management (PoTi) 222 [which] provides the position of the ITS-S and time information. [0232]: The VBS module/entity 221 … generates VAMs. [0314]: The generation time in the VAM is a GenerationDeltaTime as used in CAM. This is a measure of the number of milliseconds elapsed since the ITS epoch, modulo 216 (e.g., 65 536). [0069]: the VAM generation is also based on a value T_GenVAM); and
transmitting the message to a server (Fig. 2, [0039]: The VRU ITS-S 117 may operate one or more VRU applications. A VRU application is an application that extends the awareness of and/or about VRUs and/or VRU clusters in or around other traffic participants. [0041]: The message specified for VRUs 116/117 is the VRU awareness message (VAM). VAMs are messages transmitted from VRU ITSs 117 to create and maintain awareness of VRUs 116 participating in the VRU/ITS system. [0050]: The RSU 130 (or edge compute node 140) may provide VRU services among the one or more services/capabilities 180 wherein the RSU 130 shares CPMs, MCMs, VAMs DENMs, CAMs, and/or the like, with V-ITS-Ss 110 and/or VRUs for VRU safety purposes. The V-ITS-Ss 110 may also share such messages with each other, with RSU 130, and/or with VRUs),
wherein a same value of the adjustment offset is used for a plurality of VRU devices in a VRU cluster related to the server (Fig. 2, [0041]: VAMs are messages transmitted from VRU ITSs 117. [0050]: The RSU 130 (or edge compute node 140) may provide VRU services among the one or more services/capabilities 180 wherein the RSU 130 shares CPMs, MCMs, VAMs DENMs, CAMs, and/or the like, with V-ITS-Ss 110 and/or VRUs for VRU safety purposes. The V-ITS-Ss 110 may also share such messages with each other, with RSU 130, and/or with VRUs. [0314]: when the VRU starts to transmit individual VAMs after being a member of a cluster (e.g., either when, as leader, it breaks up the cluster, or when, as any cluster member, it leaves the cluster). ... The generation time in the VAM is a GenerationDeltaTime as used in CAM. This is a measure of the number of milliseconds elapsed since the ITS epoch, modulo 216 (e.g., 65 536). [0069]: the VAM generation is also based on a value T_GenVAM).
Regarding claim(s) 2, Jha in view of Kwak discloses all features of claim(s) 1 as outlined above.
Jha discloses wherein the adjustment offset is determined based on at least one of a location ([0136]: GenerationDeltaTime is based on reference position in the VAM).
Regarding claim(s) 3, Jha discloses all features of claim(s) 2 as outlined above.
Jha discloses wherein the adjustment offset is determined further based on a classification level to which the VRU device belongs and a value of the classification level is configured differently based on a device type or a congestion level ([0069]: the VAM generation is also based on a value T_GenVAM. [0070]: T_GenVam should be adjusted accordingly, e.g., longer T_GenVam can be defined for higher channel congestion case).
Regarding claim(s) 5, Jha discloses all features of claim(s) 1 as outlined above.
Jha discloses wherein the messages are generated by the plurality of VRU devices at a same time with the generation timing of the message (Fig. 2, [0041]: VAMs are messages transmitted from VRU ITSs 117. [0314]: when the VRU starts to transmit individual VAMs after being a member of a cluster (e.g., either when, as leader, it breaks up the cluster, or when, as any cluster member, it leaves the cluster). ... The generation time in the VAM is a GenerationDeltaTime as used in CAM. This is a measure of the number of milliseconds elapsed since the ITS epoch, modulo 216 (e.g., 65 536). [0126]: All message segments should indicate the same generationDeltaTime DE. [0135], table 2.3-1: the value of the DE shall be wrapped to 65 536).
Regarding claim(s) 6, Jha discloses all features of claim(s) 5 as outlined above.
Jha discloses wherein the adjustment offset is selected from the one or more adjustment offsets based on not transmitting the message for a specific time ([0069]: The minimum time elapsed between the start of consecutive VAM generation events should be equal to or larger than a value T_GenVam and T_GenVam is limited to T_GenVamMin≤T_GenVam≤T_GenVamMax, where T_GenVamMin=Minimum time between consecutive VAM transmissions (e.g., 100 ms) and T_GenVamMax=Maximum time between consecutive VAM transmissions (e.g., 500 ms)).
Regarding claim(s) 8, Jha in view of Kwak discloses all features of claim(s) 1 as outlined above.
Jha discloses wherein the same time is determined based on a time obtained by adding the adjustment offset to the global time ([0229]: the PoTi 222 gets information from sub-system entities such as GNSS, sensors and other subsystem of the ITS-S. The PoTi 222 ensures ITS time synchronicity between ITS-Ss in an ITS constellation. [0228]: FIG. 2 shows the VRU-specific functionality, including interfaces mapped to the ITS-S architecture. The VRU-specific functionality is centered around the VRU Basic Service (VBS) 221 located in the facilities layer, which consumes data from other facility layer services such as the Position and Time management (PoTi) 222 … The PoTi entity 222 provides the position of the ITS-S and time information. [0232]: The VBS module/entity 221 … generates VAMs. [0314]: The generation time in the VAM is a GenerationDeltaTime as used in CAM. This is a measure of the number of milliseconds elapsed since the ITS epoch, modulo 216 (e.g., 65 536). [0069]: the VAM generation is also based on a value T_GenVAM).
Regarding claim(s) 9, Jha discloses all features of claim(s) 1 as outlined above.
Jha discloses receiving information about the adjustment offset from the server ([0153]: Various implementations herein include mechanisms of infrastructure (e.g., RSU, edge node, and/or the like) assisted VRU clustering including both equipped and non-equipped VRUs where infrastructure (e.g., R-ITS-S 130) acts as cluster head and transmits VAM (called Infrastructure VAM); extend existing VRU Basic Service (VBS) to enable non-VRU ITS-S (such as RSU or designated vehicles) to transmit infrastructure VAM, including changes in VAM triggering and VAM format for this purpose. [0313]: FIG. 5 shows and example VAM format structure. As shown by FIG. 5 , a VAM is comprises … a generation (delta) time container).
Regarding claim(s) 10, Jha discloses all features of claim(s) 1 as outlined above.
Jha discloses wherein the adjustment offset is calculated by the VRU device ([0314]: when the VRU starts to transmit individual VAMs after being a member of a cluster. The generation time in the VAM is a GenerationDeltaTime as used in CAM. This is a measure of the number of milliseconds elapsed since the ITS epoch, modulo 216 (e.g., 65 536). [0135], table 2.3-1: generationDeltaTime = TimestampIts mod 65 536).
Regarding claim(s) 11, Jha discloses all features of claim(s) 1 as outlined above.
Jha discloses wherein the message is a VRU Awareness Message (VAM) ([0041]: The message specified for VRUs 116/117 is the VRU awareness message (VAM)).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jha et al. (US 2023/0298468 A1) in view of Nassor et al. (US 2021/0160323 A1).
Regarding claim(s) 4, Jha discloses all features of claim(s) 1 as outlined above.
Jha does not disclose, but Nassor discloses wherein the adjustment offset is selected from one or more adjustment offsets to enable the VRU device to transmit the message at a timing closest to a message transmission timing based on a period before applying the adjustment offset ([0259]: the timer may be set based on a regular frequency for example 5 times per second (=transmission timing based on a period before applying the adjustment offset). This timer value may be different when the VRU sending the VAM message is part of a cluster in which a master or leader VRU sends a VAM message for all the other VRUs of the cluster which do not send VAM message (or at a lower frequency, e.g. once every 2 seconds (=adjustment offset)) while they belong to the cluster. Note: once every 2 seconds is closest to 5 times per second).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the VRU/VRU device, as taught by Jha, to set the timer at a lower frequency, i.e., once every 2 seconds while the VRU belongs to the cluster, as taught by Nassor.
Doing so reduces the VAM transmission by non-leader VRUs in a cluster (Nassor: [0259], [0265]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THE HY NGUYEN whose telephone number is (571)270-3813. The examiner can normally be reached on Mo-Fr: 8am-4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Avellino, can be reached on (571) 272-3905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THE HY NGUYEN/Primary Examiner, Art Unit 2478
TheHy.Nguyen@USPTO.gov