Prosecution Insights
Last updated: May 29, 2026
Application No. 18/690,773

OPTICAL FIBER SENSING SYSTEM, OPTICAL FIBER SENSING DEVICE, AND ROAD MONITORING METHOD

Non-Final OA §103
Filed
Mar 11, 2024
Priority
Sep 28, 2021 — nonprovisional of PCTJP2021035577
Examiner
FRANK, RODNEY T
Art Unit
2855
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
NEC Corporation
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
665 granted / 915 resolved
+4.7% vs TC avg
Minimal +4% lift
Without
With
+3.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
27 currently pending
Career history
938
Total Applications
across all art units

Statute-Specific Performance

§101
3.9%
-36.1% vs TC avg
§103
66.7%
+26.7% vs TC avg
§102
8.9%
-31.1% vs TC avg
§112
17.1%
-22.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 915 resolved cases

Office Action

§103
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 . Claim Rejections - 35 USC § 103 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) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (U.S. Patent Number 10,917,168; hereinafter referred to as Huang), and further in view of Wang (U.S. Patent Application Publication Number 2021/0129864). With respect to claim 1, Huang discloses and illustrates an optical fiber sensing system comprising: an optical fiber laid along a road (see at least Figure 13A of Huang); a sensing unit configured to receive an optical signal from the optical fiber and detect vibration generated by a vehicle traveling on the road based on the optical signal (see at least column 9, lines 1 through 37 of Huang); a vibration data calculation unit configured to calculate vibration data indicating the vibration (see at least column 9, lines 1 through 37 of Huang); a traveling state detection unit configured to detect, for each vehicle traveling on the road, a vehicle speed of the vehicle (see at least column 9, lines 1 through 37 of Huang). However, Huang fails to disclose or suggest at least one memory storing instructions, and at least one processor configured to execute the instructions; and an inter-vehicle distance between the vehicle and a preceding vehicle or a following vehicle based on the vibration data; a vehicle group detection unit configured to detect, as a dangerous vehicle group, a vehicle group of which the vehicle speed is equal to or higher than a speed threshold and of which the inter-vehicle distance is equal to or shorter than a distance threshold; and a broadcasting unit configured to broadcast, when the dangerous vehicle group has been detected, the detection of the dangerous vehicle group to a predetermined broadcasting destination. However, Wang discloses at least one memory storing instructions, and at least one processor configured to execute the instructions (see at least paragraph [0055] of Wang); and an inter-vehicle distance between the vehicle and a preceding vehicle or a following vehicle based on the vibration data (see at least paragraph [0092] of Wang); a vehicle group detection unit configured to detect, as a dangerous vehicle group, a vehicle group of which the vehicle speed is equal to or higher than a speed threshold and of which the inter-vehicle distance is equal to or shorter than a distance threshold (see at least paragraph [0030] of Wang); and a broadcasting unit configured to broadcast, when the dangerous vehicle group has been detected, the detection of the dangerous vehicle group to a predetermined broadcasting destination (see at least paragraph [0033] of Wang). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the improvements of Wang with the system of Huang in order to provide a more robust system and to better enable road monitoring as you can transmit various pieces of data to remote locations. With respect to claim 2, while Huang discloses calculate, as the vibration data, a graph with a horizontal axis representing the position at which the vibration has been generated and a vertical axis representing the time at which the vibration has been generated (see at least Figure 9C of Huang), Huang fails to disclose the specifics of the processor. However, Wang discloses the optical fiber sensing system according to claim 1, wherein the at least one processor is further configured to execute the instructions to calculate the vibration data calculation unit calculates a position and a time at which the vibration has been generated based on the optical signal (see at least paragraph [0047] of Wang). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the processing function of Wang with the system of Huang in order to produce more accurate graphical data as the time and positional data of Wang would be useful to produce a more accurate graph with the system of Huang. With respect to claim 3, while Huang does not disclose the specifics of the processor, Wang discloses the optical fiber sensing system according to claim 1, wherein the at least one processor is further configured to execute the instructions to further comprising a road surface condition estimation unit configured to estimate a road surface condition of the road, and change wherein the vehicle group detection unit changes the speed threshold and the distance threshold based on the road surface condition of the road (see at least paragraph [0035] of Wang). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the processor function disclosed in Wang with the system of Huang in order to produce more accurate and more complete information of the road to better assess the total conditions of the road under test. With respect to claim 4, while Huang does not disclose the specifics of the processor, Wang discloses the optical fiber sensing system according to claim 3, wherein the at least one processor is further configured to execute the instructions to detect the sensing unit further detects a temperature of the road based on the optical signal, and acquire the road surface condition estimation unit acquires weather information near the road, and estimate estimates the road surface condition of the road based on the temperature of the road and the weather near the road (see at least paragraph [0035] of Wang). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the processor function disclosed in Wang with the system of Huang in order to produce more accurate and more complete information of the road to better assess the total conditions of the road under test. With respect to claim 5, while Huang does not disclose the specifics of the system having a camera or the specifics of the processor, Wang discloses the optical fiber sensing system according to claim 4, further comprising a camera configured to capture an image of the road (see at least paragraph [0034] of Wang), wherein the at least one processor is further configured to execute the instructions to estimate the road surface condition estimation unit estimates the road surface condition of the road based on the temperature of the road, the weather near the road, and the captured image of the road (see at least paragraph [0035] of Wang). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the camera and processor functions disclosed in Wang with the system of Huang in order to produce more accurate and more complete information of the road to better assess the total conditions of the road under test. With respect to claim 6, Huang discloses an optical fiber sensing device (see at least Figure 13A of Huang), comprising: a traveling state detection unit configured to detect, for each vehicle traveling on the road, a vehicle speed of the vehicle (see at least column 9, lines 1 through 37 of Huang). Huang fails to disclose at least one memory storing instructions, and at least one processor configured to execute the instructions to; a sensing unit configured to receive an optical signal from an optical fiber laid along a road and detect vibration generated by a vehicle traveling on the road based on the optical signal; a vibration data calculation unit configured to calculate vibration data indicating the vibration; a vehicle speed of the vehicle and an inter-vehicle distance between the vehicle and a preceding vehicle or a following vehicle based on the vibration data; a vehicle group detection unit configured to detect, as a dangerous vehicle group, a vehicle group of which the vehicle speed is equal to or higher than a speed threshold and of which the inter-vehicle distance is equal to or shorter than a distance threshold; and a broadcasting unit configured to broadcast, when the dangerous vehicle group has been detected, the detection of the dangerous vehicle group to a predetermined broadcasting destination. However, Wang discloses at least one memory storing instructions, and at least one processor configured to execute the instructions (see at least paragraph [0055] of Wang); and an inter-vehicle distance between the vehicle and a preceding vehicle or a following vehicle based on the vibration data (see at least paragraph [0092] of Wang); a vehicle group detection unit configured to detect, as a dangerous vehicle group, a vehicle group of which the vehicle speed is equal to or higher than a speed threshold and of which the inter-vehicle distance is equal to or shorter than a distance threshold (see at least paragraph [0030] of Wang); and a broadcasting unit configured to broadcast, when the dangerous vehicle group has been detected, the detection of the dangerous vehicle group to a predetermined broadcasting destination (see at least paragraph [0033] of Wang). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the improvements of Wang with the system of Huang in order to provide a more robust system and to better enable road monitoring as you can transmit various pieces of data to remote locations. With respect to claim 7, while Huang discloses calculate, as the vibration data, a graph with a horizontal axis representing the position at which the vibration has been generated and a vertical axis representing the time at which the vibration has been generated (see at least Figure 9C of Huang), Huang fails to disclose the specifics of the processor. However, Wang discloses the fiber sensing device according to claim 6, wherein the at least one processor is further configured to execute the instructions to calculate the vibration data calculation unit calculates a position and a time at which the vibration has been generated based on the optical signal (see at least paragraph [0047] of Wang). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the processing function of Wang with the system of Huang in order to produce more accurate graphical data as the time and positional data of Wang would be useful to produce a more accurate graph with the system of Huang. With respect to claim 8, while Huang does not disclose the specifics of the processor, Wang discloses the optical fiber sensing device according to claim 6, wherein the at least one processor is further configured to execute the instructions to further comprising a road surface condition estimation unit configured to estimate a road surface condition of the road, and change wherein the vehicle group detection unit changes the speed threshold and the distance threshold based on the road surface condition of the road (see at least paragraph [0035] of Wang). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the processor function disclosed in Wang with the system of Huang in order to produce more accurate and more complete information of the road to better assess the total conditions of the road under test. With respect to claim 9, while Huang does not disclose the specifics of the processor, Wang discloses the optical fiber sensing device according to claim 8, wherein the at least one processor is further configured to execute the instructions to detect the sensing unit further detects a temperature of the road based on the optical signal, and acquire the road surface condition estimation unit acquires weather information near the road, and estimate estimates the road surface condition of the road based on the temperature of the road and the weather near the road (see at least paragraph [0035] of Wang). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the processor function disclosed in Wang with the system of Huang in order to produce more accurate and more complete information of the road to better assess the total conditions of the road under test. With respect to claim 10, while Huang does not disclose the specifics of the system having a camera or the specifics of the processor, Wang discloses the optical fiber sensing device according to claim 9, further comprising a camera configured to capture an image of the road (see at least paragraph [0034] of Wang), wherein the at least one processor is further configured to execute the instructions to estimate the road surface condition estimation unit estimates the road surface condition of the road based on the temperature of the road, the weather near the road, and the captured image of the road (see at least paragraph [0035] of Wang). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the camera and processor functions disclosed in Wang with the system of Huang in order to produce more accurate and more complete information of the road to better assess the total conditions of the road under test. With respect to claim 11, while Huang discloses and illustrates a road monitoring method by an optical fiber sensing device, the road monitoring method comprising: a sensing step of receiving an optical signal from an optical fiber laid along a road and detecting vibration generated by a vehicle traveling on the road based on the optical signal (see at least column 9, lines 1 through 37 of Huang); a vibration data calculation step of calculating vibration data indicating the vibration (see at least column 9, lines 1 through 37 of Huang); a traveling state detection step of detecting, for each vehicle traveling on the road, a vehicle speed of the vehicle (see at least column 9, lines 1 through 37 of Huang), Huang fails to disclose detecting an inter-vehicle distance between the vehicle and a preceding vehicle or a following vehicle based on the vibration data; a vehicle group detection step of detecting, as a dangerous vehicle group, a vehicle group of which the vehicle speed is equal to or higher than a speed threshold and of which the inter-vehicle distance is equal to or shorter than a distance threshold; and a broadcasting step of broadcasting, when the dangerous vehicle group has been detected, the detection of the dangerous vehicle group to a predetermined broadcasting destination. However, Wang discloses detecting an inter-vehicle distance between the vehicle and a preceding vehicle or a following vehicle based on the vibration data (see at least paragraph [0092] of Wang); a vehicle group detection step configured to detect, as a dangerous vehicle group, a vehicle group of which the vehicle speed is equal to or higher than a speed threshold and of which the inter-vehicle distance is equal to or shorter than a distance threshold (see at least paragraph [0030] of Wang); and a broadcasting step of broadcasting, when the dangerous vehicle group has been detected, the detection of the dangerous vehicle group to a predetermined broadcasting destination (see at least paragraph [0033] of Wang). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the improvements of Wang with the method of Huang in order to provide a more robust method and to better enable road monitoring as you can transmit various pieces of data to remote locations. With respect to claim 12, while Huang discloses in the vibration data calculation step, a graph with a horizontal axis representing the position at which the vibration has been generated and a vertical axis representing the time at which the vibration has been generated (see at least Figure 9C of Huang), Huang fails to disclose the further specifics of the method as claimed. However, Wang discloses the road monitoring method according to claim 11, wherein in the vibration data calculation step, a position and a time at which the vibration has been generated are calculated based on the optical signal (see at least paragraph [0047] of Wang). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the methodology of Wang with the method of Huang in order to produce more accurate graphical data as the time and positional data of Wang would be useful to produce a more accurate graph with the system of Huang. With respect to claim 14, while Huang does not disclose the specifics of the method, Wang discloses the road monitoring method according to claim 13, wherein in the sensing step, a temperature of the road is further detected based on the optical signal, and in the road surface condition estimation step, weather information near the road is acquired, and the road surface condition of the road is estimated based on the temperature of the road and the weather near the road (see at least paragraph [0035] of Wang). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the methodology disclosed in Wang with the method of Huang in order to produce more accurate and more complete information of the road to better assess the total conditions of the road under test. With respect to claim 15, while Huang does not disclose the specifics of the system having a camera or the specifics of the method, Wang discloses the road monitoring method according to claim 14, wherein in the road surface condition estimation step, a captured image of the road captured by a camera is acquired (see at least paragraph [0034] of Wang), and the road surface condition of the road is estimated based on the temperature of the road, the weather near the road, and the captured image of the road (see at least paragraph [0035] of Wang). Therefore, it would have been obvious to one skilled in the art at the time the invention was filed to utilize the methodology disclosed in Wang with the method of Huang in order to produce more accurate and more complete information of the road to better assess the total conditions of the road under test. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RODNEY T FRANK whose telephone number is (571)272-2193. The examiner can normally be reached M-F 9am-5:30pm. 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, Peter Macchiarolo can be reached at (571) 272-2375. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /RODNEY T FRANK/Examiner, Art Unit 2855 March 7, 2026
Read full office action

Prosecution Timeline

Mar 11, 2024
Application Filed
Mar 11, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
76%
With Interview (+3.7%)
3y 1m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 915 resolved cases by this examiner. Grant probability derived from career allowance rate.

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