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 .
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.
Status of Claims
Examiner acknowledges the amendment filed 27 Sep 25 which amended each of Claims 1-14. Claims 1 and 12-13 are independent claims and Claims 2-11 and 14 are dependent claims (directly or indirectly dependent on independent Claim 1). Claims 1-14 are being examined herein.
Effective Filing Date
As stated previously, the actual filing date for the instant application is 29 Nov 23. However, the instant application is a 371 national stage entry to PCT/JP2021/020763, filed 31 May 21, which designates the United States and is properly incorporated by reference in this national stage application’s (amended) specification and per the application data sheet (ADS). As such, the effective filing date of the instant application is that of the PCT application, 31 May 21.
Joint Inventors
As stated previously, this application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Response to Amendments/Arguments
Applicant's arguments filed 27 Sep 25 have been fully considered but they are not fully persuasive.
Regarding the previously made claim objection to Claim 2, the amendment to this claim enabled the examiner to withdrawal this objection.
Regarding the previously made claim interpretations under 112(f), the amendment to the claims enabled the examiner to withdrawal each of these interpretations for the various “units” previously claimed.
Regarding the previously made 112(b) rejections based on indefiniteness for the subject phrase “without interfering with one another”, the examiner withdrew this for all but Claim 14. The examiner notes that this phrase was not removed from Claim 14 as it was the other claims mentioned in this previously-made rejection. As such, this 112(b) rejection is still present, but is now only against Claim 14.
Regarding the previously made 101 rejections, the amendment to the independent claims added in a practical application that would amount to significantly more than just the abstract idea mental process previously identified. Specifically, the final limitation in Claims 1 and 12-13 now states that “such that, when the respective pieces of content information among the plurality of pieces of content information comprise sound content data, sound interference in reproduction and output of the respective pieces of content information is reduced”. While all pieces of content information could be visual instead of audible (such as the embodiment of Horita used for the prior art rejections discussed below), the “when” is not an “if”, so that is being interpreted by the examiner to mean that whenever there are ever multiple pieces of audible content information, this must occur, and thus there is a practical application for at least those situations, and thus the previously made 101 rejection is withdrawn.
However, for prior art purposes, the Horita reference (used in the previously made 102 rejections) discusses respective pieces of generic content data being selectively output to a display, OR a speaker, OR both (Horita’s Paragraph 99 states, “In this information providing system, the means for presenting traffic regulation information to the persons within the vehicle further includes either a visual display means or an audio notification means, or both, and a means for selecting whether traffic regulation information is to be presented”), so there is certainly the possibility of outputs only going to a display, and thus these respective pieces of content data could very well be purely visual in nature. In other words, in Horita, there is an embodiment described where a POSITA would understand that the respective pieces of content information are never sound content data. For example, if the output cannot be sound because the system/device is at least currently configured purely for visual output (i.e., the output timing determinations are only for different pieces of display/visual outputs, and none for audio output), then the “such that, when…” statement would never occur, so the claim limitations are met even if there is never any reduction to sound interference because there was never any sound interference to start with. Thus, despite there now being a practical application based on a new 101 analysis, this amended limitation does nothing to overcome the previously utilized Horita reference 102 rejections, because in Horita there is an embodiment where the content data can be purely visual. Thus, the previously made prior art rejections in view of Horita are being substantially maintained. Note: Examiner suggests adding in a limitation that requires the plurality of pieces of content information to include at least two pieces of content information that are audio in nature, because without at least one piece of content information being audio in nature there may be sound but there can’t be sound interference, so it appears to the examiner that the requirement should be that there be at least two pieces of content information being audio in nature. Alternatively, or additionally, the limitation discussing the “such that, when…” could be put into a structural limitation with a “configured to” before it, rather than in its current form of a method step for all three independent claims. If either or both of these suggestions were incorporated into the claims, then the prior art rejections under 102 using Horita would most likely be overcome.
Finally, regarding the previously made double patenting rejections, the applicant did not argue anything in particular and simply asked the rejections be held in abeyance. As such, these rejections are being substantially maintained by the examiner, only edited to account for the amendments that were made to both the instant application and the co-pending application 18/281248. Examiner asserts that despite slight wording variations, the two claim sets under consideration are still an issue from a double patenting standpoint (at least provisionally).
Double Patenting
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a non-statutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2 and 11-14 are provisionally*** rejected on the ground of non-statutory double patenting as being unpatentable over Claims 1-11 of co-pending Application No. 18/281248 (reference application, published as US 2024/0177599), and further, Claims 3-8 and 10 are provisionally*** rejected on the ground of non-statutory double patenting as being unpatentable over Claims 1-11 of co-pending Application No. 18/281248 (reference application, published as US 2024/0177599) in view of Official Notice. This is a provisional*** non-statutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Although the claims at issue are not identical, they are not patentably distinct from each other. See table below for reference.
***Note that Application No. 18/281248 has been given a Notice of Allowance (NOA), but as of the date of this Office action there has been no issue fee paid and there is no patent number assigned to the allowed claims yet. Thus, this is a provisional rejection that may soon become a non-provisional rejection.
INSTANT APPLICATION 18/565427
COPENDING APPLICATION 18/281248
acquiring area information that indicates a geographical position or a geographical range where a reproduction output of content information is to be ended / determining output start timing when the reproduction output of the content information is to be started in a traveling vehicle based on reproduction time of the content information and the area information (per Claims 1 and 12-13)
See Claims 1 and 10-11 + Claim 2 (dependent on Claim 1).
determining, based on respective pieces of area information of a plurality of pieces of content information and respective reproduction time periods of the plurality of pieces of content information, output start timings of respective pieces of content information such that, when the respective pieces of content information among the plurality of pieces of content information comprise sound content data, sound interference in reproduction and output of the respective pieces of content information is reduced (per Claims 1 and 12-13)
See Claim 3 (dependent on Claim 1).
acquires the area information that indicates a predetermined point located in front of a target point corresponding to the content information as the geographical position, or a predetermined distance and width located in front of the target point corresponding to the content information as the geographical range (per Claim 2, dependent on Claim 1)
See Claim 6 (dependent on Claim 3) – note that Claim 3 already discusses the predetermined timing to be “in the future” which would thus make the position prediction to be “in front of” the geographical position.
identifying a vehicle of a distribution destination to which the content information is distributed based on travel information regarding a traveling situation of the vehicle (per Claim 3, dependent on Claim 1)
Office takes Official Notice that this is merely selecting a particular vehicle from among a fleet of vehicles for targeted data receipt; for example, a fleet of taxis may select the one that’s both nearby and heading towards a target area, which is undeniably old and well known in the art.
extracts the vehicle toward a target point corresponding to the content information in a traveling direction, based on the travel information, and identifies the extracted vehicle as the vehicle of the distribution destination (per Claim 4, dependent on Claim 3)
See Claim 4 (dependent on Claim 3).
identifies the vehicle that is predicted to reach the geographical position that is the position indicated by the area information, or the geographical range indicated by the area information in future based on the travel information, and extracts the identified vehicle as the vehicle toward the target point in the traveling direction (per Claim 5, dependent on Claim 4)
As already stated above, Office takes Official Notice that this is merely selecting a particular vehicle from among a fleet of vehicles for targeted data receipt; for example, a fleet of taxis may select the one that’s both nearby and heading towards a target area, which is undeniably old and well known in the art.
extracts the vehicle traveling on a lane on a side on which a target point corresponding to the content information exists based on the travel information, and identifies the extracted vehicle as the vehicle of the distribution destination (per Claim 6, dependent on Claim 3)
See Claim 5 (dependent on Claim 3).
estimates a passing time for the vehicle of the distribution destination to pass the position indicated by the area information based on predetermined information regarding the vehicle of the distribution destination, and determines the output start timing by further using the estimated passing time (per Claim 7, dependent on Claim 3)
See Claim 2 (dependent on Claim 1).
estimates the passing time for the vehicle of the distribution destination to pass the position indicated by the area information based on traffic congestion information at the position indicated by the area information (per Claim 8, dependent on Claim 7)
See Claim 7 (dependent on Claim 3).
estimates a statistical value of the passing time to pass the position indicated by the area information as the passing time (per Claim 9, dependent on Claim 7)
There is no correspondence between the claim limitation of the instant application to any of the claims in the co-pending Application No. 18/281248; thus, the instant application’s Claim 9 is not included in this provisional*** rejection.
estimates a speed of the vehicle of the distribution destination at the position indicated by the area information based on the passing time and the area information, and determines the output start timing by using the estimated speed (per Claim 10, dependent on Claim 7)
See Claim 6 (dependent on Claim 3).
distributing the content information to the vehicle such that the content information is reproduced and output at the output start timing determined (per Claim 11, dependent on Claim 1)
See Claim 2 (dependent on Claim 1).
detects overlaps of areas between geographic ranges that are indicated by the respective pieces of area information of the plurality of pieces of content information, and determines, based on a relationship between detected overlaps and respective reproduction time periods of pieces of content information that correspond to geographic ranges that include the overlaps, output start timings of respective pieces of content information in such a manner that it is possible to reproduce and output the respective pieces of content information without interfering with one another (per Claim 14, dependent on Claim 1)
See Claim 2 (dependent on Claim 1) + Claim 3 (dependent on Claim 1) + Claim 9 (dependent on Claim 1).
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.
Claim 14 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. This claim is indefinite for at least the following reasons: this claim includes the phrase “without interfering with one another”. However, what might be considered interference to one entity may not be considered interference to another entity. For example, just think about how often referees are booed when an interference call is or isn’t made in professional sports – it’s very subjective. Relating more to data output causing interference, if one output format is audible and another is visual, one entity may say there is no interference because it is possible to listen and see at the same time, but another entity may say that if one if easily detectable (e.g., high magnitude) and the other is not (e.g., low magnitude), then there is interference (for example, what if the audible is so loud that it draws attention away from the visual and causes a distraction?). Or what if the output is the same for two subsequent pieces of content, but they are so close to each other (in distance, duration, tone, frequency, color, size, etc.) that it is hard to differentiate them? Is there interference then? In other words, the metes and bounds of the protections sought after by using this particular phrase in indefinite because there is no provided definition for what constitutes interference. For purposes of compact prosecution, the examiner is interpreting this under Broadest Reasonable Interpretation (BRI) to cover any reasonably conceivable interference. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 1-14 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Horita et al. (US 2004/0162019, filed 16 Jan 04 and published 19 Aug 04), herein “Horita”.
Regarding Claims 1 and 12-13 (each independent), Horita discloses an information processing device comprising a processor to execute processing comprising (per Claim 1) / an information processing method comprising (per Claim 12) / A non-transitory computer-readable storage medium storing an information processing program that causes a computer to execute processing including (per Claim 13) (see at least Fig. 3, “To ensure that of all information transmitted through broadcast communications, only the information corresponding to the traveling route of a mobile body will be efficiently displayed at the information terminal of a car navigation system”, Abstract, “equipment 318 are each provided with an information processing unit, a data processing unit, an input unit, an output unit, and storage units (such as a RAM, a magnetic tape unit, a magnetic disk unit, and/or an magneto-optic disk)”, Paragraph 141, “processing functions divided by programming to share an “information processing unit””, Paragraph 144):
acquiring area information that indicates a geographical position or a geographical range where a reproduction output of content information is to be ended (see at least Figs. 1 and 11, “Car navigation systems and other hardware systems in mobile bodies so as to present information are capable of acquiring real-time information from external equipment and presenting accurate information according to the particular conditions of the external equipment”, Paragraph 70, “the information that specifies either the spot/area where the vehicle currently exists or the spots/areas where the intended vehicle is likely to exist in the future, the effective time-of-day/available-hour specifying information, and the information that specifies the time of day/available hours for either the spot/area where the vehicle currently exists or the spots/areas where the intended vehicle is likely to exist in the future”, Paragraph 264, “numeral 1120 denotes the map display corresponding to the entire range of information transmission destination spots or areas, numeral 1130 denotes spot/area selection display, numeral 1135 denotes the display area for entering the starting time of available hours, numeral 1137 denotes the display area for entering the ending time of available hours, numeral 1140 denotes a spot/area selection indicator, numeral 1150 denotes details of the information to be broadcast”, Paragraph 426, “an information receiving means for retrieving the first information that specifies the spot or area where the vehicle currently exists, or the spots or areas where the vehicle is likely to exist in the future, retrieving the second information that specifies the spots or areas to which the information added to received information is to be transmitted, comparing the first information and the second information, selecting received information on the basis of the results, and displaying the selected information”, Claim 1, “said selection and output method enables the determination of whether or not the received information is to be selected and whether or not the received information is to be displayed”, Claim 5); and
determining output start timing when the reproduction output of the content information is to be started in a traveling vehicle based on reproduction time of the content information and the area information, wherein the determining includes determining based on respective pieces of area information of a plurality of pieces of content information and respective reproduction time periods of the plurality of pieces of content information, output start timings of respective pieces of content (see at least Figs. 10, 12-13, 15, 17-18, and 36-37, “selecting only the appropriate incoming information according to the current moving status of each mobile body and/or its further movement schedule. In other words, enabling the preferential presentation of information highly convenient to specific users who move by car, especially, the users of car navigation terminals”, Paragraph 82, “supply an information providing system by which the traffic regulation information specified by the conditions providing for the location, direction, and type of vehicle, the period of use of information, and details of the information, can be sent to the driver in the timing that the information is to be provided…to supply an information providing system that selectively delivers information according to the information stored within the vehicle or the particular geographical conditions of the vehicle”, Paragraphs 86-87, “it is possible under this state to determine whether an included/overlapped relationship exists between areas, and to adopt the results as the results of comparative judgment in equipment 334”, Paragraph 229, “At this time, when the area information "(latitude 1, longitude 1, latitude 2, longitude 2) = (4, 4, 6, 6)" is received through spot/area information input terminal 430, identification code 12 will be retrieved as the corresponding spot/area specifying information through output terminal 450”, Paragraph 240, “set using the trip predicting information presented by a navigation system function such as a route search function”, Paragraph 370, “denotes a satellite broadcasting signal from digital radio broadcasting satellite 110, numerals 840 and 850 denote location confirmation signals from global positioning system (GPS) satellite 120, numeral 170 denotes the entire spot/area range over which the information is to be transmitted”, Paragraph 375, “prioritized in order of the rate of inclusion of the information relating to traveling route 1060 and the corresponding information is selected in that order…“Road collapsed”, “Traffic cut off”, and “Congested” correspondingly take higher priority, in that order as the event information”, Paragraphs 419-420, “numeral 1200 denotes the screen display for selecting the current area of the vehicle, likely future areas of the vehicle, and the time in each area, and numeral 1205 denotes the screen display corresponding to the broadcast information”, Paragraphs 454/462/470/479, “route calculation based on the linked relationship between roads is shown in Fig. 36, route calculation based on traffic regulation information is shown in Fig. 37”, Paragraph 545, “…for retrieving the first information that specifies the spot or area where the vehicle currently exists, or the spots or areas where the vehicle is likely to exist in the future”, Claim 1, “selection and output method enables prioritization between multiple received sets of information and then output of the received information in the defined order of priority or output of the received information and the information relating to the prioritization of the received information”, Claim 6) such that, when the respective pieces of content information among the plurality of pieces of content information comprise sound content data, sound interference in reproduction and output of the respective pieces of content information is reduced (as discussed above in the Response to Arguments section, this “such as, when…” conditional limitation never occurs in at least one embodiment of Horita because there is one embodiment described that is purely visual in nature becuase the outputs are only sent to a display (versus a speaker or a combination of a display and speaker), and thus without this condition ever occurring, there is no audio output to create/reduce sound interference within; “In this information providing system, the means for presenting traffic regulation information to the persons within the vehicle further includes either a visual display means or an audio notification means, or both, and a means for selecting whether traffic regulation information is to be presented”, Paragraph 99).
Regarding Claim 2, Horita discloses the information processing device according to Claim 1, and Horita further discloses: wherein the acquiring acquires the area information that indicates a predetermined point located in front of a target point corresponding to the content information as the geographical position, or a predetermined distance and width located in front of the target point corresponding to the content information as the geographical range (see at least Figs. 4, 20, and 22, “FIG. 4 assumes that each area in the entire range over which the information is to be transmitted exists within certain radial distance of a reference point and that an area identification code is assigned to each area. Thus, all areas in range 400 where a certain location having "(latitude X, longitude Y)" is included can be identified as a plurality of areas maintained in an included relationship”, Paragraph 244, “Information can be supplied timely and continuously by repeating steps 31000 to 34000 cyclically”, Paragraph 498, “timely and continuous supply of information is possible by repeating steps 53000 through 56000 cyclically”, Paragraph 502).
Regarding Claim 3, Horita discloses the information processing device according to Claim 1, and Horita further discloses: wherein the process further comprises: identifying a vehicle of a distribution destination to which the content information is distributed based on travel information regarding a traveling situation of the vehicle, wherein the determining determines the output start timing when the reproduction output of the content information is started in an interior of the vehicle of the distribution destination based on the reproduction time of the content information, the area information, and a speed of the vehicle of the distribution destination (see at least Fig. 32, “a means for calculating the timing of providing information and presenting memory-stored road regulation information to the persons within the vehicle, in the calculated timing; all these pieces of equipment and means being arranged in the vehicle interior”, Paragraph 100, “in step 31000, information on the current status of vehicle 20000 is acquired by each type of equipment within the vehicle. Absolute location measuring equipment 20100 acquires absolute location information relating to vehicle 20000. Velocity acquisition section 20500 acquires the traveling direction and speed of vehicle 20000. The speed can be calculated using either the vehicle speed sensor or absolute location measuring equipment 20100 provided in vehicle 20000. Time acquisition section 20600 acquires the current time from the clock provided in vehicle 20000”, Paragraph 497, “Processing within the contents receiving station of the intended vehicle (vehicle 3205, 3210, or 3215) is described below. The vehicle has contents receiving station 3180 and activates receiving equipment 3126 to receive from the contents delivery station the multiple sets of advertisement contents (namely advertisement contents 3300, advertisement contents 3400, and advertisement contents 3500) that have been provided beforehand for the particular situation of the user (the route and distance to the advertisement information provider). Information on the destination spot, the route to the destination, the distance to the destination, and the type of vehicle, is then retrieved from each such received set of advertisement contents by destination/route/distance/vehicle type information retrieval equipment 3130. Subsequently, on the basis of the vehicle location information that was retrieved from intended-vehicle location information retrieval equipment 3144, and of the destination information that was retrieved from equipment 3130, the route to the destination and the distance to the destination are calculated by route calculating equipment 3148. Next, comparator equipment 3146 judges whether the route to the destination, calculated above by route calculating equipment 3148, is included in the "route to the destination" information that was retrieved by equipment 3130, and whether the distance to the destination, calculated above by route calculating equipment 3148, is included in the "distance to the destination" information that was retrieved by equipment 3130, and if these conditions are satisfied, the corresponding advertisement contents will be selected by information selecting equipment 3138 and displayed at the terminal of display equipment 3152”, Paragraph 537).
Regarding Claim 4, Horita discloses the information processing device according to Claim 3, and Horita further discloses: wherein the identifying extracts the vehicle toward a target point corresponding to the content information in a traveling direction, based on the travel information, and identifies the extracted vehicle as the vehicle of the distribution destination (“Processing within the contents receiving station of the intended vehicle (vehicle 3205, 3210, or 3215) is described below. The vehicle has contents receiving station 3180 and activates receiving equipment 3126 to receive from the contents delivery station the multiple sets of advertisement contents (namely advertisement contents 3300, advertisement contents 3400, and advertisement contents 3500) that have been provided beforehand for the particular situation of the user (the route and distance to the advertisement information provider). Information on the destination spot, the route to the destination, the distance to the destination, and the type of vehicle, is then retrieved from each such received set of advertisement contents by destination/route/distance/vehicle type information retrieval equipment 3130. Subsequently, on the basis of the vehicle location information that was retrieved from intended-vehicle location information retrieval equipment 3144, and of the destination information that was retrieved from equipment 3130, the route to the destination and the distance to the destination are calculated by route calculating equipment 3148. Next, comparator equipment 3146 judges whether the route to the destination, calculated above by route calculating equipment 3148, is included in the "route to the destination" information that was retrieved by equipment 3130, and whether the distance to the destination, calculated above by route calculating equipment 3148, is included in the "distance to the destination" information that was retrieved by equipment 3130, and if these conditions are satisfied, the corresponding advertisement contents will be selected by information selecting equipment 3138 and displayed at the terminal of display equipment 3152”, Paragraph 537).
Regarding Claim 5, Horita discloses the information processing device according to Claim 4, and Horita further discloses: wherein the identifying identifies the vehicle that is predicted to reach the geographical position that is the position indicated by the area information, or the geographical range indicated by the area information in future based on the travel information, and extracts the identified vehicle as the vehicle toward the target point in the traveling direction (“where the intended vehicle currently exists or the spots or areas where the intended vehicle is likely to exist in the future”, Paragraph 90, “Thus, the use of broadcast communications enables information to be transmitted and only the necessary information to be selected according to the moving status of each mobile body and/or its further movement schedule”, Paragraph 97, “information that specifies area 180 is retrieved. Car navigation system 150 compares the relationship between area 135 in which vehicle currently exists, area 160 corresponding to the traveling route, and retrieved-information transmission area 180. In this embodiment of the present invention, since area 160 corresponding to the traveling route includes broadcasting area 180, car navigation system 150 judges that there is a need to select the traffic regulation information included in satellite broadcast signal 105. The traffic regulation information that has thus been selected is displayed as information 140. Thus, traffic regulation information existing on traveling route 165 of vehicle 130 is displayed as information 140 at the terminal of car navigation system 150”, Paragraph 124, “The likely future locations of the vehicle, set forth in this embodiment of the present invention, can likewise be set using the-trip predicting information presented by a navigation system function such as a route search function. In this case, it is possible to configure equipment not requiring the selection of the information relating to the spots or areas where the vehicle is likely to exist in the future”, Paragraph 230).
Regarding Claim 6, Horita discloses the information processing device according to Claim 3, and Horita further discloses: wherein the identifying extracts the vehicle traveling on a lane on a side on which a target point corresponding to the content information exists based on the travel information, and identifies the extracted vehicle as the vehicle of the distribution destination (“when the vehicle is positioned at the location where, and in the direction that, the traffic regulation information is to be supplied, the corresponding information will be called up and presented to the driver”, Paragraph 518).
Regarding Claim 7, Horita discloses the information processing device according to Claim 3, and Horita further discloses: wherein the determining estimates a passing time for the vehicle of the distribution destination to pass the position indicated by the area information based on predetermined information regarding the vehicle of the distribution destination, and determines the output start timing by further using the estimated passing time (see at least Figs. 4 and 18, “At this time, when the area information "(latitude 1, longitude 1, latitude 2, longitude 2) = (4, 4, 6, 6)" is received through spot/area information input terminal 430, identification code 12 will be retrieved as the corresponding spot/area specifying information through output terminal 450”, Paragraph 240, “Numeral 11000 denotes the communications base station for transmitting traffic regulation information, and numeral 12000a denotes a vehicle that receives traffic regulation information. This vehicle passes positions 12000b and 12000c. Numeral 13000 denotes a GPS (Global Positioning System) satellite, and numeral 14000 denotes information receiving equipment mounted in vehicle 12000a to receive traffic regulation information”, Paragraph 488).
Regarding Claims 8-10, Horita discloses the information processing device according to Claim 7, and Horita further discloses: wherein the determining estimates the passing time for the vehicle of the distribution destination to pass the position indicated by the area information based on traffic congestion information at the position indicated by the area information (per Claim 8) / wherein the determining estimates a statistical value of the passing time which is needed to pass the position indicated by the area information as the passing time (per Claim 9) / wherein the determining estimates a speed of the vehicle of the distribution destination at the position indicated by the area information based on the passing time and the area information, and determines the output start timing by using the estimated speed (per Claim 10) (see at least Figs. 18-20 and 32, “a traffic information system characterized in that traffic regulation information database 10400 (hereinafter, the term "database" is referred to simply as DB) is edited using traffic information editing equipment 10000, and in that traffic regulation information is transmitted to vehicle 12000a via communications base station 11000 by radio communications, then transferred to information receiving equipment 14000 provided in vehicle 12000a, and presented to the driver in the timing that the vehicle arrives at positions 12000b and 12000c, both of which satisfy the position, direction, period, and other information presentation requirements specified using traffic information editing equipment 10000”, Paragraph 489, “in step 31000, information on the current status of vehicle 20000 is acquired by each type of equipment within the vehicle. Absolute location measuring equipment 20100 acquires absolute location information relating to vehicle 20000. Velocity acquisition section 20500 acquires the traveling direction and speed of vehicle 20000. The speed can be calculated using either the vehicle speed sensor or absolute location measuring equipment 20100 provided in vehicle 20000. Time acquisition section 20600 acquires the current time from the clock provided in vehicle 20000”, Paragraph 497, “`Stop` information, for example, is displayed continuously during the zone from the spot given as the information presenting position, to the spot where an actual `stop` sign exists”, Paragraph 524).
Regarding Claim 11, Horita discloses the information processing device according to Claim 1, and Horita further discloses further comprising: wherein the process further comprises: distributing the content information to the vehicle such that the content information is reproduced and output at the output start timing (see at least Fig. 1, “a means for calculating the timing of providing information and presenting memory-stored road regulation information to the persons within the vehicle, in the calculated timing; all these pieces of equipment and means being arranged in the vehicle interior”, Paragraph 100, “After receiving a broadcast, car navigation system 150 receives satellite broadcast signal 105 and retrieves traffic regulation information and area specifying information from the signal. In this embodiment of the present invention, information that specifies area 180 is retrieved. Car navigation system 150 compares the relationship between area 135 in which vehicle currently exists, area 160 corresponding to the traveling route, and retrieved-information transmission area 180. In this embodiment of the present invention, since area 160 corresponding to the traveling route includes broadcasting area 180, car navigation system 150 judges that there is a need to select the traffic regulation information included in satellite broadcast signal 105. The traffic regulation information that has thus been selected is displayed as information 140. Thus, traffic regulation information existing on traveling route 165 of vehicle 130 is displayed as information 140 at the terminal of car navigation system 150”, Paragraph 124).
Regarding Claim 14, Horita discloses the information processing device according to Claim 1, and Horita further discloses: wherein the determining detects overlaps of areas between geographic ranges that are indicated by the respective pieces of area information of the plurality of pieces of content information, and determines, based on a relationship between detected overlaps and respective reproduction time periods of pieces of content information that correspond to geographic ranges that include the overlaps, output start timings of respective pieces of content information in such a manner that it is possible to reproduce and output the respective pieces of content information without interfering with one another (see at least Fig. 7, “it is possible under this state to determine whether an included/overlapped relationship exists between areas, and to adopt the results as the results of comparative judgment in equipment 334”, Paragraph 229, “one/another method of linking spot/area information and spot/area specifying information, and one/another example of such linking equipment can be realized without any spots or areas being overlapped”, Paragraphs 241/249).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
The Examiner has cited particular paragraphs or columns and line numbers in the references applied to the claims above for the convenience of the Applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested of the Applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner. See MPEP 2141.02 [R-07.2015] VI. A prior art reference must be considered in its entirety, i.e., as a whole, including portions that would lead away from the claimed Invention. W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert, denied, 469 U.S. 851 (1984). See also MPEP §2123.
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure, and may be found on an accompanying PTO-892, when applicable. When a PTO-892 exists, all cited references have either (a) been utilized in the above rejections for their specific teachings (wherein relevant teachings are cited to within the prior art rejections above in specific association with the limitation/-s that they disclose, teach, suggest, or render obvious), (b) have significant relevance to the application as a whole (analogous art), or (c) have significant relevance to one or more specific limitation/-s within the claims. If a cited reference does not pre-date the effective filing date of the instant application, despite not being “prior” art, it still represents a current state of the art that may be found useful to the Applicant. Currently, it is the Office’s belief that the reason/-s for why a particular reference has been included in any past or current PTO-892 is self-evident; however, if Applicant cannot determine why any one or more reference/-s has/have been included on a PTO-892, upon request from the Applicant, the Examiner can provide an explanation within a future Office action and/or during a future interview.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS E WORDEN whose telephone number is 571-272-4876. The examiner can normally be reached between the hours of 0900-1800 M-F.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Director JAMES TRAMMELL, can be reached at 571-272-6712. 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.
/THOMAS E WORDEN/Supervisory Patent Examiner, Art Unit 3658