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 .
Status of Claims
Claims 1-12 are currently pending and have been examined.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/15/2023 and 01/22/2025 have been considered by the examiner and initialed copies of the IDS are hereby attached.
Claim Interpretation
The Examiner would like to point out that dependent claims 10 and 11 are method claims which includes contingent limitations. The feature of “monitoring whether GNSS navigation data of a quality above a threshold quality can be received via satellites of a satellite navigation system and, if this is the case, using GNSS navigation data received via satellites to determine positions” indicates that implementing the feature of “using GNSS navigation data received via satellites to determine positions” is contingent on “whether GNSS navigation data of a quality above a threshold quality can be received via satellites of a satellite navigation system”. Under the broadest reasonable interpretation of this method claim, the feature of “using GNSS navigation data received via satellites to determine positions” does not happen if the contingency is not met. Therefore, this method claim is being interpreted under its broadest reasonable interpretation where no step of “using GNSS navigation data received via satellites to determine positions” is performed (SEE MPEP 2111.04, II. Continent Limitations). The same analysis applies to dependent claim 11.
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4 and 6-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zalewski (US 10393878 B2) in view of Zheng et al. (US 20210263166 A1), hereinafter Zheng.
Regarding claim 1, Zalewski discloses [Note: what Zalewski fails to clearly disclose is strike-through]
A method for operating a GNSS-based navigation module in a vehicle during a starting phase of the vehicle (see Col. 4, lines 51-58, “It is understood that the features and procedures disclosed in connection with a vehicle-to-X communication module can also be formulated as a method, particularly as a method for operating a vehicle-to-X communication module, or as a method which is implemented in a vehicle-to-X communication module. Such methods can be said to be a component of the disclosure of this application, including all variants and implementations described.”), comprising:
a) requesting initial GNSS navigation data from an external data source (see Col. 5 line 53 - Col. 6, line 3, “If the vehicle 10 is restarted, particularly by switching on the ignition, the vehicle-to-X communication module 30 initially checks if the operating data are still valid. To this end, it accesses the clock 12 and determines the current time, which is referred to as the switch-on time. If the switch-on time and switch-off time are less than two hours apart, then the vehicle-to-X communication module 30 sends the operating data via the bus system 11 to the satellite navigation module 40. If the time between these is longer, however, the operating data are no longer valid. In this case the vehicle-to-X communication module 30 sends a message via the antenna 35, wherein the message contains a request to vehicles in its vicinity to send operating data for satellite navigation modules to the vehicle 10. If such a vehicle is in the vicinity and sends the operating data, then the vehicle-to-X communication module 30 receives these operating data via the antenna 35 and then forwards them to the satellite navigation module 40.”);
b) requesting initial GNSS correction data from an external data source (see Col. 5 line 53 - Col. 6, line 3, “If the vehicle 10 is restarted, particularly by switching on the ignition, the vehicle-to-X communication module 30 initially checks if the operating data are still valid. To this end, it accesses the clock 12 and determines the current time, which is referred to as the switch-on time. If the switch-on time and switch-off time are less than two hours apart, then the vehicle-to-X communication module 30 sends the operating data via the bus system 11 to the satellite navigation module 40. If the time between these is longer, however, the operating data are no longer valid. In this case the vehicle-to-X communication module 30 sends a message via the antenna 35, wherein the message contains a request to vehicles in its vicinity to send operating data for satellite navigation modules to the vehicle 10. If such a vehicle is in the vicinity and sends the operating data, then the vehicle-to-X communication module 30 receives these operating data via the antenna 35 and then forwards them to the satellite navigation module 40.”); and
c) determining at least one initial output parameter on the basis of the initial GNSS navigation data and the initial GNSS correction data (see Col. 4, lines 3-15, “The vehicle-to-X communication module may be configured to check and/or determine location data of the vehicle as a component of the operating data prior to sending the operating data, by comparing these with an environment status and/or by determining a distance to a known object. In this way, by way of example, it can be identified if existing location data are still valid, further see Col. 5 line 53 - Col. 6, line 3, “If the vehicle 10 is restarted, particularly by switching on the ignition, the vehicle-to-X communication module 30 initially checks if the operating data are still valid. To this end, it accesses the clock 12 and determines the current time, which is referred to as the switch-on time. If the switch-on time and switch-off time are less than two hours apart, then the vehicle-to-X communication module 30 sends the operating data via the bus system 11 to the satellite navigation module 40. If the time between these is longer, however, the operating data are no longer valid. In this case the vehicle-to-X communication module 30 sends a message via the antenna 35, wherein the message contains a request to vehicles in its vicinity to send operating data for satellite navigation modules to the vehicle 10. If such a vehicle is in the vicinity and sends the operating data, then the vehicle-to-X communication module 30 receives these operating data via the antenna 35 and then forwards them to the satellite navigation module 40.”, continuous checking if the data is “valid” data is an “output parameter” which is based on the initial GPS data and the corrected GPS data, further see Col. 3, lines 21-31, “The vehicle-to-X communication module may be configured to send a message to another vehicle or a plurality of other vehicles, wherein the message contains a request to send operating data to the vehicle. Thus, the sending of operating data can be requested as required, wherein this simplifies the mutual assistance between the vehicles even further. Such a message can particularly be sent if there is a current requirement for valid operating data. Furthermore, the request can also contain the request for operating data and/or correction data, which by way of example are provided via chargeable services.”).
Zheng discloses,
requesting GNSS navigation data [“initial” or “corrected”] from vehicle within a vicinity which provides data at a data rate which is greater than a data provision rate of a regular data source of a GNSS system for GNSS navigation data (see paragraph 0087, “The processing rate bands are implemented similarly to the implementation for FIG. 7, except that some broadcast embodiments may broadcast GNSS measurement information as well as location and identification information, while some embodiments of the peer to peer model in FIG. 7 may provide GNSS measurement information only upon request from other vehicles. Thus, in an embodiment of the broadcast model, GNSS measurement information broadcast by vehicles within ring 910 is processed at the fastest rate (for example, once per second or multiple times a second), while GNSS measurement information broadcast from vehicles between ring 910 and ring 920 is processed at a slower rate (e.g., once per minute or once per 30 seconds), and GNSS measurement information broadcast from vehicles outside of ring 920 may be ignored or only processed on demand or triggered by some event (such as an accident or excessive speed). In a broadcast model, each vehicle may broadcast information including GNSS measurement information at a fairly high rate, perhaps corresponding to the GNSS measurement rate at the GNSS receiver for the vehicle, or perhaps at some subset thereof. For example, if a vehicle determines measures GNSS signals once per second, it may broadcast GNSS measures no faster than once per second but may broadcast at a slower rate such as once per five seconds or at a variable rate depending on the signal noise floor, broadcasting less often if the noise floor is high and more often if the noise floor is low, to avoid creating excessive interference in the spectrum.”).
It would have been obvious to someone with ordinary skill in the art prior to the
effective filing date of the claimed invention to incorporate the features as disclosed by Zheng into the invention of Zalewski. Both arts are considered analogous arts to the claimed invention as they both methods for accurate GPS positioning system with autonomous vehicles. Zalewski discloses the feature of utilizing nearby vehicles during a start-up procedure to determine initial GNSS navigation data. Furthermore, Zalewski discloses the feature of determining corrections to the GNSS navigation data when data is determined to be “invalid”. Zalewski discloses Vehicle to X communication modules that perform this data transfer; however, fails to disclose that this communication between vehicles “provides data at a data rate which is greater than a data provision rate of a regular data source of a GNSS system for GNSS navigation data”. This feature is disclosed by Zheng where GNSS navigation data between vehicles and specifically nearby vehicles is provided at a rate faster than regulation data source of a GNSS system. Note: Zalewski already discloses the feature of determining initial and corrected values for GNSS navigation data by transferring data between vehicles and therefore, both the “initial” and “corrected” data transfer between vehicles is provided “at a data rate which is greater than a data provision rate of a regular data source of a GNSS system for GNSS navigation data” in light of Zheng. The combination would be obvious with a reasonable expectation of success in order to determine accurate positioning information to optimize times and distances for safe-intervehicle spacing and maneuvers (see paragraph 0002 of Zheng).
Regarding claim 2, Zalewski further discloses
The method according to claim 1, wherein at least one first request is made in step b) for initial GNSS correction data which are independent of a position of the vehicle (see Col. 5 line 53 - Col. 6, line 3, “If the vehicle 10 is restarted, particularly by switching on the ignition, the vehicle-to-X communication module 30 initially checks if the operating data are still valid. To this end, it accesses the clock 12 and determines the current time, which is referred to as the switch-on time. If the switch-on time and switch-off time are less than two hours apart, then the vehicle-to-X communication module 30 sends the operating data via the bus system 11 to the satellite navigation module 40. If the time between these is longer, however, the operating data are no longer valid. In this case the vehicle-to-X communication module 30 sends a message via the antenna 35, wherein the message contains a request to vehicles in its vicinity to send operating data for satellite navigation modules to the vehicle 10. If such a vehicle is in the vicinity and sends the operating data, then the vehicle-to-X communication module 30 receives these operating data via the antenna 35 and then forwards them to the satellite navigation module 40.”).
Regarding claim 3, Zalewski further discloses
The method according to claim 1, wherein;
prior to step b), a first preliminary position is determined using the initial navigation data received in step a), in step b), a second request is made for initial GNSS correction data that differ depending on a position of the vehicle (see Col. 4, lines 3-15, “The vehicle-to-X communication module may be configured to check and/or determine location data of the vehicle as a component of the operating data prior to sending the operating data, by comparing these with an environment status and/or by determining a distance to a known object. In this way, by way of example, it can be identified if existing location data are still valid, or if the location of the vehicle, by way of example due to transportation on a ferry or a motorail train has changed to such an extent that it can no longer be considered valid. Sending wrong location data to the satellite navigation module, which would cause a considerable delay in the position determination, can in this way be advantageously prevented”), and
the request includes information regarding the first initial position (see Col. 4, lines 3-15, “The vehicle-to-X communication module may be configured to check and/or determine location data of the vehicle as a component of the operating data prior to sending the operating data, by comparing these with an environment status and/or by determining a distance to a known object. In this way, by way of example, it can be identified if existing location data are still valid, or if the location of the vehicle, by way of example due to transportation on a ferry or a motorail train has changed to such an extent that it can no longer be considered valid. Sending wrong location data to the satellite navigation module, which would cause a considerable delay in the position determination, can in this way be advantageously prevented”).
Regarding claim 4, Zalewski further discloses
The method according to claim 1, wherein the GNSS correction data requested and received in step b) include integrity information that defines the integrity of the GNSS correction data (see Col. 5 line 53 - Col. 6, line 3, “If the vehicle 10 is restarted, particularly by switching on the ignition, the vehicle-to-X communication module 30 initially checks if the operating data are still valid. To this end, it accesses the clock 12 and determines the current time, which is referred to as the switch-on time. If the switch-on time and switch-off time are less than two hours apart, then the vehicle-to-X communication module 30 sends the operating data via the bus system 11 to the satellite navigation module 40. If the time between these is longer, however, the operating data are no longer valid.”, further see Col. 3, lines 21-31, “The vehicle-to-X communication module may be configured to send a message to another vehicle or a plurality of other vehicles, wherein the message contains a request to send operating data to the vehicle. Thus, the sending of operating data can be requested as required, wherein this simplifies the mutual assistance between the vehicles even further. Such a message can particularly be sent if there is a current requirement for valid operating data. Furthermore, the request can also contain the request for operating data and/or correction data, which by way of example are provided via chargeable services.”).
Regarding claim 6, Zalewski further discloses
The method according to claim 1, wherein the external data sources used in step a) and/or step b) are external to a portion of a satellite navigation system stationed in orbit (see Col. 5 line 53 - Col. 6, line 3, “If the vehicle 10 is restarted, particularly by switching on the ignition, the vehicle-to-X communication module 30 initially checks if the operating data are still valid. To this end, it accesses the clock 12 and determines the current time, which is referred to as the switch-on time. If the switch-on time and switch-off time are less than two hours apart, then the vehicle-to-X communication module 30 sends the operating data via the bus system 11 to the satellite navigation module 40. If the time between these is longer, however, the operating data are no longer valid. In this case the vehicle-to-X communication module 30 sends a message via the antenna 35, wherein the message contains a request to vehicles in its vicinity to send operating data for satellite navigation modules to the vehicle 10. If such a vehicle is in the vicinity and sends the operating data, then the vehicle-to-X communication module 30 receives these operating data via the antenna 35 and then forwards them to the satellite navigation module 40.”).
Regarding claim 7, Zalewski further discloses
The method according to claim 6, wherein the external data sources used in step a) and/or step b) are stationed on the ground (see Col. 5 line 53 - Col. 6, line 3, “If the vehicle 10 is restarted, particularly by switching on the ignition, the vehicle-to-X communication module 30 initially checks if the operating data are still valid. To this end, it accesses the clock 12 and determines the current time, which is referred to as the switch-on time. If the switch-on time and switch-off time are less than two hours apart, then the vehicle-to-X communication module 30 sends the operating data via the bus system 11 to the satellite navigation module 40. If the time between these is longer, however, the operating data are no longer valid. In this case the vehicle-to-X communication module 30 sends a message via the antenna 35, wherein the message contains a request to vehicles in its vicinity to send operating data for satellite navigation modules to the vehicle 10. If such a vehicle is in the vicinity and sends the operating data, then the vehicle-to-X communication module 30 receives these operating data via the antenna 35 and then forwards them to the satellite navigation module 40.”).
Regarding claim 8, Zalewski further discloses
The method according to claim 6, wherein the external data sources used in step a) and/or step b) are mobile communications data sources (see Col. 5 line 53 - Col. 6, line 3, “If the vehicle 10 is restarted, particularly by switching on the ignition, the vehicle-to-X communication module 30 initially checks if the operating data are still valid. To this end, it accesses the clock 12 and determines the current time, which is referred to as the switch-on time. If the switch-on time and switch-off time are less than two hours apart, then the vehicle-to-X communication module 30 sends the operating data via the bus system 11 to the satellite navigation module 40. If the time between these is longer, however, the operating data are no longer valid. In this case the vehicle-to-X communication module 30 sends a message via the antenna 35, wherein the message contains a request to vehicles in its vicinity to send operating data for satellite navigation modules to the vehicle 10. If such a vehicle is in the vicinity and sends the operating data, then the vehicle-to-X communication module 30 receives these operating data via the antenna 35 and then forwards them to the satellite navigation module 40.”).
Regarding claim 9, Zalewski further discloses
The method according to claim 1, further comprising:
after steps a) to c), switching the system to a regular operating mode in which GNSS navigation data and/or GNSS correction data are received from satellites of a satellite navigation system (see Col. 6, lines 3-9, “If no such vehicle is in the vicinity, then the vehicle-to-X communication module 30 requests via the cellular network already mentioned above corresponding operating data, which it then receives via Assisted GPS (AGPS). The operating data received in this way are then similarly forwarded to the satellite navigation module 40.”).
Regarding claim 10, see claim interpretation section above.
Regarding claim 11, see claim interpretation section above.
Regarding claim 12, Zalewski further discloses
A navigation module configured to perform the method according to claim 1 (see Col. 4, lines 51-58, “It is understood that the features and procedures disclosed in connection with a vehicle-to-X communication module can also be formulated as a method, particularly as a method for operating a vehicle-to-X communication module, or as a method which is implemented in a vehicle-to-X communication module. Such methods can be said to be a component of the disclosure of this application, including all variants and implementations described.”).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zalewski (US 10393878 B2) in view of Zheng et al. (US 20210263166 A1) further in view of Brandl et al. (US 20200096649 A1), hereinafter Brandl.
Regarding claim 5, the combination of Zalewski and Zheng discloses [Note: what the combination of Zalewski and Zheng fails to clearly disclose is strike-through]
The method according to claim 1,
Brandl discloses,
wherein;
in step b), initial GNSS correction data are received as a data packet which enables initialization of the at least one correction algorithm in the navigation module (see paragraph 0060, “In step s120, the processing center broadcasts the correction information. The point in time at which a specific piece of correction information is broadcast is referred to as “first point in time”. The correction information may for example be broadcast in the form of data packets, such as IP packets, through, for example, any one of, or a combination of, the Internet (e.g. using NTRIP streaming protocol), a cellular network, and a satellite link (e.g. using the L-band). In one embodiment, the correction information is broadcast in real-time, i.e. as soon as available (in line with the above-mentioned definition of the term “real-time”). In one embodiment, the correction information is broadcast as a data stream in that messages containing the correction information are broadcast at regular or irregular intervals through the same communication medium or channel. The correction information may be encoded and/or encrypted prior to broadcasting.”).
It would have been obvious to someone with ordinary skill in the art prior to the
effective filing date of the claimed invention to incorporate the features as disclosed by Brandl into the invention of Zalewski in view of Zheng. The combination would be obvious with a reasonable expectation of success in order to broadcast the correction information quickly at regular intervals and in “real-time” (see paragraph 0060 of Brandl).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Adachi et al. (US 20190154842 A1) is considered close pertinent art to the claimed invention as it discloses a GNSS system to increase the accuracy of location information for autonomous vehicles.
Carcanague et al. (US 10809388 B1) is considered close pertinent art to the claimed invention as it discloses a system for estimating a receiver position with high integrity (see Fig. 7, further see Col. 2, lines 36-47, “As shown in FIG. 7, the method can include: receiving reference station observations, determining corrections based on the reference station observations, receiving satellite observations, resolving carrier phase ambiguity based on the satellite observations and the corrections, and estimating a position of the GNSS receiver based on the carrier phase measurements. The method can optionally include: validating the corrections, detecting predetermined events, mitigating predetermined events, validating the integer ambiguities, removing the integer ambiguities from carrier phase measurements, operating an external system based on the estimated position, and/or any suitable steps.”).
ERIKSSON et al. (US 20200013281 A1) is considered close pertinent art to the claimed invention as it discloses a GPS positioning system using transmission and reception of data messages from a plurality of vehicles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAZRA N. WAHEED whose telephone number is (571)272-6713. The examiner can normally be reached M-F (8 AM - 4:30 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vladimir Magloire can be reached at (571)270-5144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NAZRA NUR WAHEED/Examiner, Art Unit 3648
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