Prosecution Insights
Last updated: April 19, 2026
Application No. 18/585,740

Method and Apparatus for Generating Communication Capability Information, and Method and Apparatus for Using Communication Capability Information

Final Rejection §101§103
Filed
Feb 23, 2024
Examiner
MARTINEZ BORRERO, LUIS A
Art Unit
3665
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Shenzhen Yinwang Intelligent Technologies Co., Ltd.
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
2y 5m
To Grant
99%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allow Rate
510 granted / 635 resolved
+28.3% vs TC avg
Strong +18% interview lift
Without
With
+18.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 5m
Avg Prosecution
29 currently pending
Career history
664
Total Applications
across all art units

Statute-Specific Performance

§101
19.7%
-20.3% vs TC avg
§103
39.8%
-0.2% vs TC avg
§102
9.5%
-30.5% vs TC avg
§112
21.6%
-18.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 635 resolved cases

Office Action

§101 §103
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Notice on Prior Art Rejections 2. 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 3. This Office Action is in response to the applicant's arguments/remarks filed December 10, 2025. Claims 1, 15, and 17 have been amended. Claims 1-20 are presently pending and are presented for examination. Response to Arguments/Remarks 4. Judicial Exception Claim Rejections - 35 USC § 101. Applicant's arguments/remarks filed December 10, 2025 regarding the 35 USC § 101 rejection have been fully considered. Applicant's arguments/amendments are not persuasive. Accordingly, the 35 USC § 101 rejection is maintained. Applicant argues that “the amended claims require obtaining, by one or more processors, first communication status indication information that identifies a plurality of geographic position points at which multiple terminal devices have actually established wireless communication connections with a roadside device-information that is generated by communication hardware and cannot be perceived or processed in the human mind. Furthermore, as stated in paragraph 6 of the specification, the claims provide a method and apparatus "to conveniently and accurately obtain a communication range of a roadside device." The claimed steps achieve this technical improvement by deriving the actual communication range of the roadside device from real connection events. Accordingly, the §101 rejection should be withdrawn”. Pursuant to MPEP 2106.05(g) Insignificant Extra-Solution Activity [R-10.2019], “The term “extra-solution activity” can be understood as activities incidental to the primary process or product that are merely a nominal or tangential addition to the claim. Extra-solution activity includes both pre-solution and post-solution activity. An example of pre-solution activity is a step of gathering data for use in a claimed process, e.g., a step of obtaining information about credit card transactions, which is recited as part of a claimed process of analyzing and manipulating the gathered information by a series of steps in order to detect whether the transactions were fraudulent… (3) Whether the limitation amounts to necessary data gathering and outputting, (i.e., all uses of the recited judicial exception require such data gathering or data output). See Mayo, 566 U.S. at 79, 101 USPQ2d at 1968; OIP Techs., Inc. v. Amazon.com, Inc., 788 F.3d 1359, 1363, 115 USPQ2d 1090, 1092-93 (Fed. Cir. 2015) (presenting offers and gathering statistics amounted to mere data gathering). This is considered in Step 2A Prong Two and Step 2B” However, the examiner respectfully disagrees. The limitation steps of Claim 1 that are attributed to a one or more processors are an insignificant extra-solution activity and mere data gathering that is not considered an inventive concept. The examiner considers the data gathering of claim 1 to be insignificant extra-solution activity (Step 2A), and therefore find that the judicial exception is not integrated into a practical application. Accordingly, the 35 USC § 101 rejection is maintained. 5. 35 USC § 112 rejection. Applicant's arguments/amendments filed December 10, 2025 regarding the 35 USC § 112 rejection have been fully considered. Applicant's arguments/amendments are persuasive. Accordingly, the 35 USC § 112 rejection is withdrawn. 6. 35 USC § 103 rejection. Applicant's arguments/amendments filed December 10, 2025 regarding the 35 USC § 103 rejection have been fully considered. Applicant's arguments/amendments are not persuasive. Accordingly, the 35 USC § 103 rejection is maintained. The applicant argues that “The combination of Chakra and Kim fails to render obvious claims 1-20 because the combination of Chakra and Kim fails to obtain first communication status indication information indicating a plurality of position points at which a plurality of terminal devices has established a first communication connection to a first roadside device to indicate that the position points fall within a communication range of the first roadside device and that a first communication capability of the first roadside device can reach the position points… As shown above, claim 1 requires obtaining first communication status indication information indicating a plurality of position points at which a plurality of terminal devices has established a first communication connection to a first roadside device to indicate that the position points fall within a communication range of the first roadside device and that a first communication capability of the first roadside device can reach the position points.” Pursuant to MPEP 2144 Supporting a Rejection Under 35 U.S.C. 103, I. RATIONALE MAY BE IN A REFERENCE, OR REASONED FROM COMMON KNOWLEDGE IN THE ART, SCIENTIFIC PRINCIPLES, ART-RECOGNIZED EQUIVALENTS, OR LEGAL PRECEDENT, “The rationale to modify or combine the prior art does not have to be expressly stated in the prior art; the rationale may be expressly or impliedly contained in the prior art or it may be reasoned from knowledge generally available to one of ordinary skill in the art, established scientific principles, or legal precedent established by prior case law. In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988); In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992)” However, the examiner respectfully disagrees. The new added limitation is expressly or impliedly contained in the prior art. For example, Chakra discloses a plurality of position points at which terminal devices have established a communication connection to a roadside device (See at least fig 1-4, ¶ 34, 37, “The one or more system clients 260 can be any client devices 110 associated with the system 100. The system clients 260 can collect location information and/or communication channel availability information. The system clients 260 can also collect temporal information. The system clients 260 can collect current and historical data”), (See at least fig 1-4, ¶ 49, “the availability of a respective communication channel can be assessed in one or more points between the origin and the destination, one or more segments or portions between the original and the designation, and/or along one or more entire routes between the origin and the destination”). Therefore, Chakra suggests a plurality of position points at which terminal devices have established a communication connection to a roadside device. Additionally, Kim teaches this feature as well since the terminal device starts to transmit signals to initiate a V2P protocol when the terminal device approaches within a range in which communication is possible (See at least fig 1-7, ¶ 139, “user terminal 2000 approaches within a range in which communication is possible via the V2P protocol, the vehicle control unit 1200 may cause the user terminal 2000 to transmit a signal requesting an initiation of the V2P communication”). In other words, once the terminal device is in range to stablish a form of communication with a roadside device, the system is able to indicate a plurality of positions points along a traveled route. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Accordingly, the limitations argued by the applicant are expressly or impliedly contained in the prior art as shown. Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. Further, they do not show how the amendments avoid such references or objections. Therefore, for the above reasons, the examiner maintains rejection over claims 1-20. Judicial Exception Claim Rejections - 35 USC § 101 7. 35 U.S.C. 101 reads as follows: Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. 8. Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. Claim 1 recites “obtaining first communication status indication information, wherein the first communication status indication information indicates a plurality of position points at which a plurality of terminal devices has established a first communication connection to a first roadside device to indicate that the position points fall within a communication range of the first roadside device and that a first communication capability of the first roadside device can reach the position points; determining, based on the first communication status indication information, a first distribution status of the position points around the first roadside device; and generating, based on the first distribution status, the communication capability information indicating the first communication capability of the first roadside device.”. The limitations of claim 1 presented above, as drafted, are processes that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is, other than reciting “one or more processors” nothing in the claims elements precludes the steps from practically being performed as part of human activities. For example, “obtaining first communication status indication information, wherein the first communication status indication information indicates a plurality of position points”, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in a method where data manipulation takes place. Further, “determining, based on the first communication status indication information, a first distribution status of the position points”, as drafted, is a process that, under its broadest reasonable interpretation, covers performance of the limitation in a method where further data manipulation is part of the process. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea. This judicial exception is not integrated into a practical application. For example, “generating, based on the first distribution status, the communication capability information indicating the first communication capability of the first roadside device” is not a practical application because it is a mere instruction to apply the judicial exception using generic elements. In particular, the claim does not recite any additional elements that integrate the abstract idea into a practical application. Accordingly, the claim lack of additional elements that integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea. The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, there are no additional elements that integrate the abstract idea into a practical application. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claim is not patent eligible. The independent claims 2-14 are also rejected for their dependency upon claim 1. Further, claims 15-20 are also rejected because they are similar method claims to claims 1-14. Claim Rejections - 35 USC § 103 9. 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 of this title, 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. 10. Claims 1-20 are rejected under 35 U.S.C 103 as being unpatentable over Chakra et al, US 2016/0091334, in view of Kim et al. US 2019/0387564, hereinafter referred to as Chakra and Kim, respectively. Regarding claim 1, Chakra discloses a method implemented by one or more processors, wherein the method comprises: obtaining first communication status indication information, wherein the first communication status indication information indicates a plurality of position points at which a plurality of terminal devices has established a first communication connection to a first roadside device to indicate that the position points fall within a communication range of the first roadside device and that a first communication capability of the first roadside device can reach the position points (See at least fig 1-4, ¶ 4, 5, 11, 32, 33, 34, 35, 14, “The communication network 130 can include wired communication links and/or wireless communication links. The communication network 130 can include any combination of the above networks and/or other types of networks. The network can include one or more routers, switches, access points, wireless access points, and/or the like”), (The examiner interprets communication status equivalent to status of the network to send and receive signals in multiple devices of the network); determining, based on the first communication status indication information, a first distribution status of the position points around the first roadside device (See at least fig 1-4, ¶ 18, 23, 25, 26, 30, 37, 24, “The one or more communication parameters 160 can include a maximum desired dead zone or blackout (e.g., an area in which a communication channel is not available or signal strength or other characteristic of the communication channel is below a predefined threshold). The maximum desired dead zone can be quantified in any suitable manner, such as in terms of time, distance, a ratio between time and needed bandwidth, and/or combinations thereof, just to name a few possibilities. The one or more communication parameters 160 can include an indication to maximize failover. "Failover" means, when one available communication channel becomes unavailable for any reason ( e.g. failure, downtime, out of range, etc.), another communication channel is available to support user communications”), (the examiner interprets distribution status equivalent to how well is data being transfer); and generating, based on the first distribution status, the communication capability information indicating the first communication capability of the first roadside device (See at least fig 1-4, ¶ 24, 27, 28, 29, 39, 40, 42, 26, “availability of a respective communication channel" means information about a user's ability to use a communication channel. Such information can include past, present, future and/or predictive information. Examples of such information include availability, type, strength, speed, bandwidth, accessibility, losses, and/or other characteristics of the communication channel”), (the examiner interprets communication capability equivalent to ability to use a communication channel). Chakra fails to explicitly discloses a first roadside device to indicate that the position points fall within a communication range of the first roadside device. However, Kim teaches a first roadside device to indicate that the position points fall within a communication range of the first roadside device (See at least fig 1-7, ¶ 132, 146, 69, “The V2X communication unit 1120 may transmit and receive signals to and from the Road Side Unit (RSU) (V2I: Vehicle to Infrastructure), another vehicle, or the user terminal 2000 (V2P: Vehicle to Pedestrian) in a wireless manner.”). 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 method of Chakra and include a first roadside device to indicate that the position points fall within a communication range of the first roadside device as taught by Kim because it would allow the system to transmit information on a surrounding situation of the user terminal received through the RSU to the vehicle communication unit through the RSU adjacent to the vehicle (Kim ¶ 146). Regarding claim 2, Chakra discloses the method of claim 1, further comprising storing the first communication capability information as map data (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, “the travel route can be presented in a visual form on a display of the client. For instance, the travel route can be presented as text directions. Alternatively or in addition, the travel route can be presented on a map. The travel route can be noted by any suitable marking or highlighting of the route on the map”). Regarding claim 3, Chakra discloses the method of claim 1, wherein the programming instructions are for execution by the at least one processor to further comprising: obtaining second communication status indication information, wherein the second communication status indication information indicates a first terminal device of the terminal devices establishing a second communication connection to a second roadside device at a first position point of the position points, and wherein a distance between the first position point and the first roadside device is less than a preset threshold; determining, based on the second communication status indication information, a second distribution status of the first position point around the first roadside device; and further generating, based on the first distribution status and the second distribution status, the first communication capability information (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, 18 “a plurality of data stores 115, each storing communication channel availability data 145 or other data can be included. For example, one data store can include communication channel availability data 145 from a first communication channel availability data source while another data store can include communication channel availability data 145 from a second communication channel availability data source. In another example, each data store 115 need not store communication channel availability data 145 from different communication channel availability data”). Chakra fails to explicitly discloses a second roadside device at a first position point of the position points. However, Kim teaches a second roadside device at a first position point of the position points (See at least fig 1-7, ¶ 132, 146, 69, 102 “The terminal control unit 2200 may receive, from the ITS server 5000 through the ITS communication unit, attribute information including a position of the RSU 4202 adjacent to the vehicle 1000 and calculate a position where the V2P communication with the vehicle 1000 is possible based on the received attribute information”). 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 method of Chakra and include a second roadside device at a first position point of the position points as taught by Kim because it would allow the system to transmit information on a surrounding situation of the user terminal received through the RSU to the vehicle communication unit through the RSU adjacent to the vehicle (Kim ¶ 146). Regarding claim 4, Chakra discloses the method of claim 1, further comprising: obtaining third communication status indication information, wherein the third communication status indication information indicates a second terminal device of the terminal devices establishing a third communication connection to a server at a second position point of the position points, wherein the second terminal device has a capability of connecting to the first roadside device, and wherein a distance between the second position point and the first roadside device is less than a preset threshold; determining, based on the third communication status indication information, a third distribution status of the second position point around the first roadside device based on the third communication status indication information; and further generating, based on the first distribution status and the third distribution status, the communication capability information. (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, 18 “a plurality of data stores 115, each storing communication channel availability data 145 or other data can be included. For example, one data store can include communication channel availability data 145 from a first communication channel availability data source while another data store can include communication channel availability data 145 from a second communication channel availability data source. In another example, each data store 115 need not store communication channel availability data 145 from different communication channel availability data”). Chakra fails to explicitly discloses a second terminal device of the terminal devices establishing a third communication connection to a server at a second position point of the position points. However, Kim teaches a second terminal device of the terminal devices establishing a third communication connection to a server at a second position point of the position points (See at least fig 1-7, ¶ 10, 132, 146, 69, 70, 74, 102, 152, “The ITS server 5000 may manage the plurality of RSU s 4201 and 4202. The plurality of RSU s 4201 and 4202 may communicate with the ITS server 5000 using the I2N protocol. The ITS server 5000 may distribute and manage data with a server for each region. Each local server may hold a plurality of RSUs”). 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 method of Chakra and include a second terminal device of the terminal devices establishing a third communication connection to a server at a second position point of the position points as taught by Kim because it would allow the system to transmit information on a surrounding situation of the user terminal received through the RSU to the vehicle communication unit through the RSU adjacent to the vehicle (Kim ¶ 146). Regarding claim 5, Chakra discloses the method of claim 1, wherein the communication capability information indicates a first region and the first communication capability in the first region (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, 18, 24, “The one or more communication parameters 160 can include a maximum desired dead zone or blackout (e.g., an area in which a communication channel is not available or signal strength or other characteristic of the communication channel is below a predefined threshold). The maximum desired dead zone can be quantified in any suitable manner, such as in terms of time, distance, a ratio between time and needed bandwidth, and/or combinations thereof, just to name a few possibilities. The one or more communication parameters 160 can include an indication to maximize failover. "Failover" means, when one available communication channel becomes unavailable for any reason ( e.g. failure, downtime, out of range, etc.), another communication channel is available to support user communications”). Regarding claim 6, Chakra discloses the method of claim 1, wherein the first communication capability information indicates a first scenario, a first region, and the first communication a capability in the first scenario and the first region (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, 18, 24, “The travel route determination module 120 can collect communication channel availability data 145. The collected communication channel availability data 145 can be stored in the data store 115. The communication channel availability data 145 can be collected in any suitable manner by the travel route determination module 120. The collection of the communication channel availability data 145 can be performed on any suitable basis, such as continuous, periodic, irregular or even randomly”). Regarding claim 7, Chakra discloses the method of claim 1, wherein the first communication status indication information comprises position information of the position points, working status information of a plurality of communication systems in the terminal devices, connection status information between the terminal devices and the first roadside device, identifier information of the first roadside device, and time information (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, 18, 24, 37, “The one or more system clients 260 can be any client devices 110 associated with the system 100. The system clients 260 can collect location information and/or communication channel availability information. The system clients 260 can also collect temporal information. The system clients 260 can collect current and historical data. The system 100 can aggregate historical connectivity data ( e.g., WiFi, 3G, 4G, etc.) and location information ( e.g., GPS coordinates, geolocation) from a plurality of system clients 260 in a particular location (e.g. along the travel route).”). Regarding claim 8, Chakra discloses the method of claim 1, further comprising: generating a plurality of pieces of communication capability information of a plurality of roadside devices, wherein the pieces of communication capability information indicate communication capabilities of the roadside devices, wherein the roadside devices comprise the first roadside device, and wherein the pieces of communication capability information comprise the first communication capability information; and generating, based on the pieces of communication capability information, communication blind area information indicating a region that is not covered by one or more of the roadside devices (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, 18, 24, 37, 44, “the travel route determination module 120 can determine a suggested travel route 180 so that a maximum failover of communication channels is available along that route. In one or more arrangements, the travel route determination module 120 can determine a suggested travel route 180 based on a user's communication parameter 160 including a desired to avoid dead zones. Thus, one potential travel route for a user may include one or more known dead zones, so an alternative route will be chosen instead”). Regarding claim 9, Chakra discloses the method of claim 8, wherein the region comprises an absolute blind area and/or a relative blind area, wherein any one of the roadside devices cannot reach a second threshold in the absolute blind area, and wherein some of the roadside devices cannot reach a third threshold in the relative blind area (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, 18, 24, “The travel route determination module 120 can collect communication channel availability data 145. The collected communication channel availability data 145 can be stored in the data store 115. The communication channel availability data 145 can be collected in any suitable manner by the travel route determination module 120. The collection of the communication channel availability data 145 can be performed on any suitable basis, such as continuous, periodic, irregular or even randomly”). Regarding claim 10, Chakra discloses the method of claim 1. Chakra fails to explicitly discloses further comprising updating the communication capability information when a preset condition is met, wherein the preset condition comprises: a current value of a communication capability indicator of the first communication capability information is abnormal relative to a statistical value of the communication capability indicator; fault maintenance is performed on the first roadside device; the first roadside device is upgraded; or an obstruction is added or reduced around the first roadside device. However, Kim teaches further comprising updating the communication capability information when a preset condition is met, wherein the preset condition comprises: a current value of a communication capability indicator of the first communication capability information is abnormal relative to a statistical value of the communication capability indicator; fault maintenance is performed on the first roadside device; the first roadside device is upgraded; or an obstruction is added or reduced around the first roadside device (See at least fig 1-7, ¶ 10, 132, 146, 69, 70, 74, 102, 152, 12, “A communication mode switching apparatus according to an embodiment of the present disclosure may include a communication mode for providing communication between a user terminal and a vehicle device even when a server system or a mobile communication network has failed, in addition to a communication mode for providing communication between the user terminal and the vehicle device through the server system configured to provide the vehicle sharing service based on the mobile communication network, thereby ensuring continuity and accuracy of communication between the user terminal and the vehicle device when using the vehicle sharing service”). 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 method of Chakra and include further comprising updating the communication capability information when a preset condition is met, wherein the preset condition comprises: a current value of a communication capability indicator of the first communication capability information is abnormal relative to a statistical value of the communication capability indicator; fault maintenance is performed on the first roadside device; the first roadside device is upgraded; or an obstruction is added or reduced around the first roadside device. as taught by Kim because it would allow the system to transmit information on a surrounding situation of the user terminal received through the RSU to the vehicle communication unit through the RSU adjacent to the vehicle (Kim ¶ 146). Regarding claim 11, Chakra discloses the method of claim 1, further comprising generating, based on the communication capability information, warning prompt information, wherein the warning prompt information comprises: taking over a vehicle by a driver in a second region; performing fault detection on the first roadside device; updating software of the first roadside device; adjusting deployment of the first roadside device; reducing confidence of information from the first roadside device in the second region; or avoiding the second region during route planning wherein the communication capability information indicates that a second communication capability of the first roadside device in the second region is lower than a first threshold (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, 18, 24, 37, 44, “the travel route determination module 120 can determine a suggested travel route 180 so that a maximum failover of communication channels is available along that route. In one or more arrangements, the travel route determination module 120 can determine a suggested travel route 180 based on a user's communication parameter 160 including a desired to avoid dead zones. Thus, one potential travel route for a user may include one or more known dead zones, so an alternative route will be chosen instead”). Regarding claim 12, Chakra discloses the method of claim 1, wherein the first distribution status is a density of a first position point (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, 18, 24, 37, 44, 31, 41, “A regression model can be used to facilitate the determination of a suggested travel route 180. For instance, a regression model can be used to determine how many access points can be expected for a particular type of communication ( e.g., a web conference) that a user is scheduled to attend at a particular time. Further, the regression model can determine what forms of communication are available to a user to participate in a particular event”). Regarding claim 13, Chakra discloses the method of claim 3, further comprising: determining a stable connection rate based on the first distribution status and the second distribution status; and generating the first communication capability information based on the stable connection rate (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, 18, 37, 44, 31, 41, 24, “The one or more communication parameters 160 can include a minimum connection speed. The one or more communication parameters 160 can include a maximum communication channel load. The one or more communication parameters 160 can include signal strength of a communication channel. The one or more communication parameters 160 can include a maximum desired dead zone or blackout (e.g., an area in which a communication channel is not available or signal strength or other characteristic of the communication channel is below a predefined threshold).”). Regarding claim 14, Chakra discloses the method of claim 4, further comprising: determining stable connection rate based on the first distribution status and the third distribution status; and generating the communication capability information based on the stable connection rate (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, 18, 37, 44, 31, 41, 24, “The one or more communication parameters 160 can include a minimum connection speed. The one or more communication parameters 160 can include a maximum communication channel load. The one or more communication parameters 160 can include signal strength of a communication channel. The one or more communication parameters 160 can include a maximum desired dead zone or blackout (e.g., an area in which a communication channel is not available or signal strength or other characteristic of the communication channel is below a predefined threshold).”). Regarding claim 15, Chakra discloses method implemented by one or more processors, comprising: obtaining communication capability information indicating a region and a first communication capability of a roadside device in the region, wherein the communication capability information is based on communication status indication information, and wherein the communication status indication information indicates a plurality of position points at which a plurality of terminal devices has established a first communication connection to the first roadside device to indicate that the position points fall within a communication range of the first roadside device and that the first communication capability of the first roadside device can reach the position points (See at least fig 1-4, ¶ 4, 5, 11, 32, 33, 34, 35, 14, “The communication network 130 can include wired communication links and/or wireless communication links. The communication network 130 can include any combination of the above networks and/or other types of networks. The network can include one or more routers, switches, access points, wireless access points, and/or the like”), (The examiner interprets communication status equivalent to status of the network to send and receive signals in multiple devices of the network); and based on the communication capability information: generating warning prompt information (See at least fig 1-4, ¶ 18, 23, 25, 26, 30, 37, 24, “The one or more communication parameters 160 can include a maximum desired dead zone or blackout (e.g., an area in which a communication channel is not available or signal strength or other characteristic of the communication channel is below a predefined threshold). The maximum desired dead zone can be quantified in any suitable manner, such as in terms of time, distance, a ratio between time and needed bandwidth, and/or combinations thereof, just to name a few possibilities. The one or more communication parameters 160 can include an indication to maximize failover. "Failover" means, when one available communication channel becomes unavailable for any reason ( e.g. failure, downtime, out of range, etc.), another communication channel is available to support user communications”), (the examiner interprets distribution status equivalent to how well is data being transfer); adjusting, in the region, confidence of information from the roadside device; or planning a driving route that does not pass through the region (See at least fig 1-4, ¶ 24, 27, 28, 29, 39, 40, 42, 26, “availability of a respective communication channel" means information about a user's ability to use a communication channel. Such information can include past, present, future and/or predictive information. Examples of such information include availability, type, strength, speed, bandwidth, accessibility, losses, and/or other characteristics of the communication channel”), (the examiner interprets communication capability equivalent to ability to use a communication channel). Chakra fails to explicitly discloses a roadside device in the region. However, Kim teaches a roadside device in the region (See at least fig 1-7, ¶ 132, 146, 69, “The V2X communication unit 1120 may transmit and receive signals to and from the Road Side Unit (RSU) (V2I: Vehicle to Infrastructure), another vehicle, or the user terminal 2000 (V2P: Vehicle to Pedestrian) in a wireless manner.”). 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 method of Chakra and include a roadside device in the region as taught by Kim because it would allow the system to transmit information on a surrounding situation of the user terminal received through the RSU to the vehicle communication unit through the RSU adjacent to the vehicle (Kim ¶ 146). Regarding claim 16, Chakra discloses the method of claim 15, wherein the communication capability information further indicates a scenario and a second communication capability of the roadside device in the scenario and the region (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, 18, 24, “The travel route determination module 120 can collect communication channel availability data 145. The collected communication channel availability data 145 can be stored in the data store 115. The communication channel availability data 145 can be collected in any suitable manner by the travel route determination module 120. The collection of the communication channel availability data 145 can be performed on any suitable basis, such as continuous, periodic, irregular or even randomly”). Regarding claim 17, Chakra discloses the method of claim 15, wherein the communication capability information indicates that the first communication capability is lower than a first threshold, and wherein the warning prompt information prompts: taking over a vehicle by a driver in the region; performing fault detection on the roadside device; reducing, in the region, confidence of information from the roadside device through communication; or avoiding the region during route planning (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, 18, 24, 37, 44, “the travel route determination module 120 can determine a suggested travel route 180 so that a maximum failover of communication channels is available along that route. In one or more arrangements, the travel route determination module 120 can determine a suggested travel route 180 based on a user's communication parameter 160 including a desired to avoid dead zones. Thus, one potential travel route for a user may include one or more known dead zones, so an alternative route will be chosen instead”). Regarding claim 18, Chakra discloses the method of claim 15, wherein the roadside device is one of a plurality of roadside devices, and wherein the region comprises an absolute blind area in which communication capabilities of the roadside devices cannot reach a second threshold (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, 18, 24, “The travel route determination module 120 can collect communication channel availability data 145. The collected communication channel availability data 145 can be stored in the data store 115. The communication channel availability data 145 can be collected in any suitable manner by the travel route determination module 120. The collection of the communication channel availability data 145 can be performed on any suitable basis, such as continuous, periodic, irregular or even randomly”). Regarding claim 19, Chakra discloses the method of claim 15, wherein the roadside device is one of a plurality of roadside devices, and wherein the region comprises a relative blind area in which communication capabilities of some of the roadside devices cannot reach a third threshold (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, 18, 24, “The travel route determination module 120 can collect communication channel availability data 145. The collected communication channel availability data 145 can be stored in the data store 115. The communication channel availability data 145 can be collected in any suitable manner by the travel route determination module 120. The collection of the communication channel availability data 145 can be performed on any suitable basis, such as continuous, periodic, irregular or even randomly”). Regarding claim 20, Chakra discloses the method of claim 15, further comprising storing the communication capability information as map data (See at least fig 1-4, ¶ 33, 46, 51, 53, 52, “the travel route can be presented in a visual form on a display of the client. For instance, the travel route can be presented as text directions. Alternatively or in addition, the travel route can be presented on a map. The travel route can be noted by any suitable marking or highlighting of the route on the map”). Conclusion THIS ACTION IS MADE FINAL. 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 mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS MARTINEZ whose email is luis.martinezborrero@uspto.gov and telephone number is (571)272-4577. The examiner can normally be reached on Monday-Friday 8:30AM-5:00PM EST. 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, HUNTER LONSBERRY can be reached on (571)272-7298. 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. /LUIS A MARTINEZ BORRERO/Primary Examiner, Art Unit 3665
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Prosecution Timeline

Feb 23, 2024
Application Filed
Apr 08, 2024
Response after Non-Final Action
Oct 17, 2025
Non-Final Rejection — §101, §103
Dec 10, 2025
Response Filed
Mar 10, 2026
Final Rejection — §101, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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3-4
Expected OA Rounds
80%
Grant Probability
99%
With Interview (+18.5%)
2y 5m
Median Time to Grant
Moderate
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