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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/10/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1-3, 5, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Watanabe (U.S. Patent Application Pub. No. 2021/0180982) in view of Iwata, et al., hereinafter Iwata (Japanese Patent App. No. 2017-045129), and further in view of Tauchi (U.S. Patent Application Pub. No. 2019/0260687).
Regarding Claim 1, Watanabe teaches: A data collecting device (Watanabe, Para. 0024 and 0029 – “an on-vehicle device” for collecting and generating “probe data”) comprising:
a processor (Watanabe, Para. 0029 and 0091 – “a processor”/“processing unit”) configured to:
store an image representing an area around a vehicle and generated by a camera mounted on the vehicle (Watanabe, Para. 0025 – “on-vehicle camera 4 may be installed on each of the front, the rear, the right, and the left of the vehicle A”) during travel of the vehicle in a memory (Watanabe, Para. 0024-0025 and 0027 – “camera image data captured by the on-vehicle camera 4” is stored in “the storage unit 9”; where the “image data” includes at least “an image of at least the state of the road ahead”, for example, in the case where the camera is “on the front of the vehicle A”),
detect a predetermined feature from the image (Watanabe, Para. 0020 and 0034-0035 – where “probe data” is “generated based on the camera image data”; where the probe data may be related to “shape data on pavement markings, or data including information about the line types and the colors of pavement markings, the position data on road signs or signboards”, etc., or features),
generate probe data representing the detected feature (Watanabe, Para. 0020, 0027, 0034-0035 – “probe data generated based on the camera image data”),
store the generated probe data in the memory (Watanabe, Para. 0027 – the “storage unit 9” stores “probe data generated based on the camera image data”),
a “communication unit 8 communicates with the data center 2 through, for example, a mobile communication network”),
transmit the set of the probe data to the server via the communication device (Watanabe, Para. 0028 – controlling a “communication unit” to “transmit probe data stored in the storage unit 9 to the data center”),“camera image data captured by the on-vehicle camera 4” is stored in “the storage unit 9” as “image data”), and
“camera image data captured by the on-vehicle camera 4” is stored in “the storage unit 9” as “image data”)
Watanabe does not teach set a probe communication band in a communication band of a communication channel, depending on an amount of a set of the probe data stored in the memory, so that all of the set of the probe data is transmitted to the server via the communication device. Additionally, while Watanabe teaches transmit the set of the probe data to the server via the communication device, and a set of the images stored in the memory, Watanabe does not teach transmit a set of first data to the server via the communication device, using the probe communication band, prior to a set of second data stored in the memory, and transmit the set of second data to the server via the communication device, using a remaining communication band other than the probe communication band in the communication band of the communication channel.
Iwata teaches set a probe communication band in a communication band of a communication channel, depending on an amount of a set of the probe data stored in the memory, so that all of the set of the probe data is transmitted to the server via the communication device (Iwata, Para. 0049-0050 and 0062 – in which an in-vehicle communication device determines/selects “the communication band (communication speed)” for “external communication unit” which transmits “probe data” where it is desirable to determine the “communication band so that as much probe data as possible is transmitted”). Additionally, Iwata teaches transmit a set of first data to the server via the communication device, using the probe communication band, and transmit the set of second data to the server via the communication device, using the communication band (Iwata, Para. 0046-0049 – transmitting probe data over a communication band by an external communication unit of the vehicle; where probe data includes both processed “image data” and “measurement values from other measurement devices”, such as “a distance measuring device”, GPS data, etc.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the data collecting device of Watanabe to include set a probe communication band in a communication band of a communication channel, depending on an amount of a set of the probe data stored in the memory, so that all of the set of the probe data is transmitted to the server via the communication device, and transmit a set of first data to the server via the communication device, using the probe communication band, and transmit the set of second data to the server via the communication device, using the communication band, as taught by Iwata, in order to transmit all of the probe data to improve accuracy in driving assistance and map information.
Watanabe in view of Iwata does not teach transmit a set of first data to the server via the communication device, prior to a set of second data stored in the memory, and transmit the set of second data to the server via the communication device, using a remaining communication band other than the probe communication band.
Tauchi teaches transmit a set of first data to the server via the communication device, prior to a set of second data stored in the memory, and transmit the set of second data to the server via the communication device, using a remaining communication band other than the probe communication band (Tauchi, Para. 0020, 0030-0031 – selecting communication lines to transmit probe data, where “probe data having the higher priority among the probe data reaches the data center earlier than the probe data having the lower priority among the probe data”; where the probe data of different priorities are “stored in the memory”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the data collecting device including the above limitations of Watanabe in view of Iwata to include transmit a set of first data to the server via the communication device, prior to a set of second data stored in the memory, and transmit the set of second data to the server via the communication device, using a remaining communication band other than the probe communication band, as taught by Tauchi, in order to prioritize certain probe data over others during communication, for example if the probe data is more urgent.
In regards to Claim 2, Watanabe in view of Iwata and Tauchi teaches the collecting device of Claim 1, and Watanabe in view of Iwata and Tauchi further teaches wherein when the image generated during travel of the vehicle in a collection target region and untransmitted is stored in the memory (Watanabe, Para. 0024-0025 and 0027 – “camera image data captured by the on-vehicle camera 4” is stored in “the storage unit 9” as “image data”) after transmission to the server of a set of the probe data generated over a section passing through the collection target region and having a predetermined length, the processor transmits the untransmitted image (Watanabe, Para. 0024-0025 and 0027 – “image data”) to the server via the communication device prior to other probe data stored in the memory (Tauchi, Para. 0020-0021, 0030-0031 – selecting communication lines to transmit probe data, where “probe data having the higher priority among the probe data reaches the data center earlier than the probe data having the lower priority among the probe data”; where the probe data of different priorities are “stored in the memory”; where the probe data includes a first, second, and third priority probe data, the “priority of the third probe data being lower than the priority of the second probe data”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the data collecting system including the above limitations of Watanabe, Iwata, and Tauchi to further include after transmission to the server of a set of the probe data generated over a section passing through the collection target region and having a predetermined length, the processor transmits the untransmitted image to the server via the communication device prior to other probe data stored in the memory, as taught by Watanabe in view of Tauchi, in order to prioritize probe data that has more urgency than other data when transmitting to the server.
In regards to Claim 3, Watanabe in view of Iwata and Tauchi teaches the collecting device of Claim 1, and Watanabe in view of Iwata and Tauchi further teaches wherein the processor widens the probe communication band as the amount of the set of the probe data stored in the memory increases (Iwata, Para. 0012, 0055-0060 – where the “control unit” can set the communication band to be “wide” when based most probe data, for example in a congested area, where there is more probe data).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the data collecting system including the above limitations of Watanabe, Iwata, and Tauchi to further include wherein the processor widens the probe communication band as the amount of the set of the probe data stored in the memory increases, as taught by Iwata, in order to optimize the communication load in uploading probe data (Iwata, Para. 0012)
Regarding Claim 5, Watanabe teaches: A method for collecting data (Watanabe, Para. 00021, 0024, and 0029 – “an on-vehicle device” for collecting and generating “probe data” for a “map generation method”) comprising:
storing an image representing an area around a vehicle and generated by a camera mounted on the vehicle (Watanabe, Para. 0025 – “on-vehicle camera 4 may be installed on each of the front, the rear, the right, and the left of the vehicle A”) during travel of the vehicle in a memory (Watanabe, Para. 0024-0025 and 0027 – “camera image data captured by the on-vehicle camera 4” is stored in “the storage unit 9”; where the “image data” includes at least “an image of at least the state of the road ahead”, for example, in the case where the camera is “on the front of the vehicle A”),
detecting a predetermined feature from the image (Watanabe, Para. 0020 and 0034-0035 – where “probe data” is “generated based on the camera image data”; where the probe data may be related to “shape data on pavement markings, or data including information about the line types and the colors of pavement markings, the position data on road signs or signboards”, etc., or features),
generating probe data representing the detected feature (Watanabe, Para. 0020, 0027, 0034-0035 – “probe data generated based on the camera image data”),
store the generated probe data in the memory (Watanabe, Para. 0027 – the “storage unit 9” stores “probe data generated based on the camera image data”),
a “communication unit 8 communicates with the data center 2 through, for example, a mobile communication network”),
transmitting the set of the probe data to the server via the communication device (Watanabe, Para. 0028 – controlling a “communication unit” to “transmit probe data stored in the storage unit 9 to the data center”),“camera image data captured by the on-vehicle camera 4” is stored in “the storage unit 9” as “image data”), and
“camera image data captured by the on-vehicle camera 4” is stored in “the storage unit 9” as “image data”)
Watanabe does not teach setting a probe communication band in a communication band of a communication channel, depending on an amount of a set of the probe data stored in the memory, so that all of the set of the probe data is transmitted to the server via the communication device. Additionally, while Watanabe teaches transmitting the set of the probe data to the server via the communication device, and a set of the images stored in the memory, Watanabe does not teach transmitting a set of first data to the server via the communication device, using the probe communication band, prior to a set of second data stored in the memory, and transmitting the set of second data to the server via the communication device, using a remaining communication band other than the probe communication band in the communication band of the communication channel.
Iwata teaches setting a probe communication band in a communication band of a communication channel, depending on an amount of a set of the probe data stored in the memory, so that all of the set of the probe data is transmitted to the server via the communication device (Iwata, Para. 0049-0050 and 0062 – in which an in-vehicle communication device determines/selects “the communication band (communication speed)” for “external communication unit” which transmits “probe data” where it is desirable to determine the “communication band so that as much probe data as possible is transmitted”). Additionally, Iwata teaches transmitting a set of first data to the server via the communication device, using the probe communication band, and transmitting the set of second data to the server via the communication device, using the communication band (Iwata, Para. 0046-0049 – transmitting probe data over a communication band by an external communication unit of the vehicle; where probe data includes both processed “image data” and “measurement values from other measurement devices”, such as “a distance measuring device”, GPS data, etc.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Watanabe to include setting a probe communication band in a communication band of a communication channel, depending on an amount of a set of the probe data stored in the memory, so that all of the set of the probe data is transmitted to the server via the communication device, and transmitting a set of first data to the server via the communication device, using the probe communication band, and transmitting the set of second data to the server via the communication device, using the communication band, as taught by Iwata, in order to transmit all of the probe data to improve accuracy in driving assistance and map information.
Watanabe in view of Iwata does not teach transmitting a set of first data to the server via the communication device, prior to a set of second data stored in the memory, and transmitting the set of second data to the server via the communication device, using a remaining communication band other than the probe communication band.
Tauchi teaches transmitting a set of first data to the server via the communication device, prior to a set of second data stored in the memory, and transmitting the set of second data to the server via the communication device, using a remaining communication band other than the probe communication band (Tauchi, Para. 0020, 0030-0031 – selecting communication lines to transmit probe data, where “probe data having the higher priority among the probe data reaches the data center earlier than the probe data having the lower priority among the probe data”; where the probe data of different priorities are “stored in the memory”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the method including the above limitations of Watanabe in view of Iwata to include transmitting a set of first data to the server via the communication device, prior to a set of second data stored in the memory, and transmitting the set of second data to the server via the communication device, using a remaining communication band other than the probe communication band, as taught by Tauchi, in order to prioritize certain probe data over others during communication, for example if the probe data is more urgent.
Regarding Claim 6, Watanabe teaches: A data collecting system comprising a data collecting device and a server communicably connected to the data collecting device, the data collecting system being mounted on a vehicle (Watanabe, Para. 0024, 0027, 0029 – “an on-vehicle device” for collecting and generating “probe data” for a “map generation system”; where the device includes “a communication unit” for communicating to a “data center”) and comprising:
a memory (Watanabe, Para. 0091 – “memory”); and
a processor (Watanabe, Para. 0029 and 0091 – “a processor”/“processing unit”) configured to:
store an image representing an area around a vehicle and generated by a camera mounted on the vehicle (Watanabe, Para. 0025 – “on-vehicle camera 4 may be installed on each of the front, the rear, the right, and the left of the vehicle A”) during travel of the vehicle in a memory (Watanabe, Para. 0024-0025 and 0027 – “camera image data captured by the on-vehicle camera 4” is stored in “the storage unit 9”; where the “image data” includes at least “an image of at least the state of the road ahead”, for example, in the case where the camera is “on the front of the vehicle A”),
detect a predetermined feature from the image (Watanabe, Para. 0020 and 0034-0035 – where “probe data” is “generated based on the camera image data”; where the probe data may be related to “shape data on pavement markings, or data including information about the line types and the colors of pavement markings, the position data on road signs or signboards”, etc., or features),
generate probe data representing the detected feature (Watanabe, Para. 0020, 0027, 0034-0035 – “probe data generated based on the camera image data”),
store the generated probe data in the memory (Watanabe, Para. 0027 – the “storage unit 9” stores “probe data generated based on the camera image data”),
a “communication unit 8 communicates with the data center 2 through, for example, a mobile communication network”),
transmit the set of the probe data to the server via the communication device (Watanabe, Para. 0028 – controlling a “communication unit” to “transmit probe data stored in the storage unit 9 to the data center”),“camera image data captured by the on-vehicle camera 4” is stored in “the storage unit 9” as “image data”), and
“camera image data captured by the on-vehicle camera 4” is stored in “the storage unit 9” as “image data”)
Watanabe does not teach set a probe communication band in a communication band of a communication channel, depending on an amount of a set of the probe data stored in the memory, so that all of the set of the probe data is transmitted to the server via the communication device. Additionally, while Watanabe teaches transmit the set of the probe data to the server via the communication device, and a set of the images stored in the memory, Watanabe does not teach transmit a set of first data to the server via the communication device, using the probe communication band, prior to a set of second data stored in the memory, and transmit the set of second data to the server via the communication device, using a remaining communication band other than the probe communication band in the communication band of the communication channel.
Iwata teaches set a probe communication band in a communication band of a communication channel, depending on an amount of a set of the probe data stored in the memory, so that all of the set of the probe data is transmitted to the server via the communication device (Iwata, Para. 0049-0050 and 0062 – in which an in-vehicle communication device determines/selects “the communication band (communication speed)” for “external communication unit” which transmits “probe data” where it is desirable to determine the “communication band so that as much probe data as possible is transmitted”). Additionally, Iwata teaches transmit a set of first data to the server via the communication device, using the probe communication band, and transmit the set of second data to the server via the communication device, using the communication band (Iwata, Para. 0046-0049 – transmitting probe data over a communication band by an external communication unit of the vehicle; where probe data includes both processed “image data” and “measurement values from other measurement devices”, such as “a distance measuring device”, GPS data, etc.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the data collecting system of Watanabe to include set a probe communication band in a communication band of a communication channel, depending on an amount of a set of the probe data stored in the memory, so that all of the set of the probe data is transmitted to the server via the communication device, and transmit a set of first data to the server via the communication device, using the probe communication band, and transmit the set of second data to the server via the communication device, using the communication band, as taught by Iwata, in order to transmit all of the probe data to improve accuracy in driving assistance and map information.
Watanabe in view of Iwata does not teach transmit a set of first data to the server via the communication device, prior to a set of second data stored in the memory, and transmit the set of second data to the server via the communication device, using a remaining communication band other than the probe communication band.
Tauchi teaches transmit a set of first data to the server via the communication device, prior to a set of second data stored in the memory, and transmit the set of second data to the server via the communication device, using a remaining communication band other than the probe communication band (Tauchi, Para. 0020, 0030-0031 – selecting communication lines to transmit probe data, where “probe data having the higher priority among the probe data reaches the data center earlier than the probe data having the lower priority among the probe data”; where the probe data of different priorities are “stored in the memory”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the data collecting system including the above limitations of Watanabe in view of Iwata to include transmit a set of first data to the server via the communication device, prior to a set of second data stored in the memory, and transmit the set of second data to the server via the communication device, using a remaining communication band other than the probe communication band, as taught by Tauchi, in order to prioritize certain probe data over others during communication, for example if the probe data is more urgent.
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over Watanabe in view of Iwata and Tauchi, and further in view of Wang, et al., hereinafter Wang (Chinese Patent Pub. No. 100511320).
In regards to Claim 4, Watanabe in view of Iwata and Tauchi teaches the collecting device of Claim 3, but Watanabe does not teach wherein when a ratio of the amount of the set of the probe data to a storage area for storing the probe data in the memory is not less than a predetermined threshold, the processor sets the probe communication band so that the amount of the probe data that is transmitted to the server per unit time is greater than the amount of the probe data stored in the storage area per unit time in a most recent predetermined period.
However, Wang teaches wherein when a ratio of the amount of the set of the probe data to a storage area for storing the probe data in the memory is not less than a predetermined threshold, the processor sets the probe communication band so that the amount of the probe data that is transmitted to the server per unit time is greater than the amount of the probe data stored in the storage area per unit time in a most recent predetermined period (Wang, Para. 0054, 0057, 0067 – ensuring a ratio of “probe data upload time interval to the probe data acquisition time interval”, for example “probe data upload time interval to the probe data acquisition time interval”; wherein the collected “probe data” is stored added to an “upload information queue” for uploading when a threshold is met).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the data collecting system including the above limitations of Watanabe in view of Iwata and Tauchi to include wherein when a ratio of the amount of the set of the probe data to a storage area for storing the probe data in the memory is not less than a predetermined threshold, the processor sets the probe communication band so that the amount of the probe data that is transmitted to the server per unit time is greater than the amount of the probe data stored in the storage area per unit time in a most recent predetermined period, in order to ensure transmission of the probe data and improve processing load.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Suzuki, et al. (U.S. Patent Application Pub. No. 2018/0314901) teaches a program that is executed on an in-vehicle device mounted in a vehicle having an imaging unit configured to image surroundings of the vehicle to acquire an image and a communication unit configured to perform communication with an information center.
Matsumoto, et al. (U.S. Patent Application Pub. No. 2021/0180981) teaches a method for uploading a probe data, including coordinate information of a plurality of features disposed along a road to a server at a predetermined frequency, and a second mode in which the probe data is uploaded at a lower frequency than the first mode.
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/H.L./Examiner, Art Unit 3665
/HUNTER B LONSBERRY/Supervisory Patent Examiner, Art Unit 3665