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
This action is in response to the applicant’s filing on December 31, 2025. Claims 1-14 are pending.
Response to Amendment and Arguments
In response to applicant's amendments, claims rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph is hereby withdrawn.
Applicant's arguments with respect to 35 USC 102 rejections of said previous office action has been fully considered but they are not persuasive.
Accordingly said rejection is further as expounded upon below.
Applicant argues that Nguyen does not disclose the following limitations of claim 1: "obtaining, from at least the connected devices, at least one datum relating to a movement of at least one vehicle of the plurality of vehicles (...) the at least one datum obtained furthermore comprising, for each connected device, a score associated with the connected device" because in Nguyen, the VSS is an output or internal measurement of the TMS 101, not data explicitly obtained from a connected device.
Examiner’s responses: The argument is not persuasive because Nguyen teaches [0288] a Vehicle Score Stack (VSS), may be a composite score or ranking determined by the TMS 101 based on a number of elements that may be obtained from a number of sources and users. [0308, 309. 0311] The VSS 610 may be a composite score or relative ranking that affects the determination of the vehicle's priority level, and may include a number of data elements that may be detected, calculated, estimated, inferred, or otherwise determined by the TMS 101 through various devices connected to the TMS 101 and/or through various data sources in communication with the TMS 101… elements of the VSS 610 that may be tracked at least in part by the vehicle or devices embedded in or otherwise connected to the vehicle.
Applicant further argues that Nguyen does not disclose the following limitation of claim 1: A regulation loops.
Examiner’s responses: The regulation loop is a generic limitation that can be interpreted as any type of feedback process in a control systems that repeats, adaptive, updating the control flow and as such: [0129] Through a sub-process S861 the semi-actuated process 860 determines if a minimum phase time (if applicable), for example, a minimum green phase time, and has been reached for a first (or present) phase of the junction A. If not, the sub-process S861 repeats. If so, the semi-actuated process 860 proceeds to a sub-process S862 that compares at least one traffic demand of the first phase of the junction A with at least one traffic demand of at least one other phase of the junction A, such as that of a next phase, and the comparison may occur for at least one upcoming time period. [0194] If the process 670 decides not to generate a navigation route for at least one of the vehicles then the process 670 proceeds to a decision point S679. If so then the process 670 proceeds to a sub-process S676 to generate the navigation route for at least one of the vehicles or vehicle groups using a known process, such as provided by a third-party, that further accounts for adaptive traffic signaling and control information provided by the process 650.
The Examiner believes that all the arguments of the Applicant have been properly addressed and explained. Thus, the rejections of all of the claims are maintained.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-14 are rejected under 35 U.S.C. 102(a)(1) and/or 102(a)(2) as being anticipated by Nguyen US2018/0174449 (“Nguyen”).
Regarding claim(s) 1, 12, 14. Nguyen discloses a method comprising:
regulating road traffic generated by a plurality of vehicles, implemented by a processing unit connected to a communications network, and based on data issued from devices connected to said communications network, wherein each vehicle of at least one portion of vehicles of the plurality of vehicles carries on board a device connected to the network ([0009] FIG. 1 illustrates a traffic management system (TMS) 101, including a computing network environment and connections between various systems and devices, according to one example;),
as well as a user interface connected to the connected device, the regulating comprising one or more iterations of a regulation loop, an iteration of the loop comprising ([0201] The TMS 101 may be used in a zone or area to detect and calculate traffic counts and flows. Based on use of at least one system operating mode, the TMS 101 may dynamically prioritize vehicle traffic and communicate with and through mobile devices, vehicles, and roadside equipment to provide guidance and instruction to vehicles and users, such as by providing navigation information, operating and adapting traffic signal timing, speed limits, and driving routes, adjusting system conditions, monitoring system usage, performance, and inputs, and communicating with users or vehicles on the system to provide feedback based on real-time or near real-time conditions, probabilistic estimates, or historical data.):
obtaining, from at least the connected devices, at least one datum relating to a movement of at least one vehicle of the plurality of vehicles ([0309] While the VSS 610 may be representative of a vehicle, a user, and/or activities thereof, a set of data indicative of the vehicle, the user, and/or an activity may reside in at least one proxy device such as a smartphone, a tablet, a vehicle data system, a laptop, and/or a remote network external to the vehicle. The proxy device may or may not be in communication with or otherwise connected to the vehicle, such as in a case a smartphone is contained within the vehicle but not communicatively connected to the vehicle and derives approximate vehicle movement data (e.g. vehicle speed and accelerations, etc.) from sensors connected to or contained within the smartphone that are not connected to the vehicle.);
identifying, on the basis of said data, a traffic situation; and based on the identified traffic situation, generating respective recommendation messages intended to be transmitted to the respective user interfaces, where applicable, each recommendation message comprising at least one instruction to be adopted by at least one vehicle of the at least one portion of the vehicles and/or by at least one connected device that is not carried on board the vehicles ([0152] Timing plans may be coordinated in conjunction with one or more junctions. A signal timing plan of a second junction may be adjusted to coordinate traffic flow arriving from or heading to the first junction based on an estimated time of arrival (ETA) of at least one vehicle R1. The ETA may be dependent upon at least one of a present or upcoming speed limit of a road segment located between the first and the second junctions, a current speed of one or more vehicles detected traveling in at least one direction of the road segment located between the first and the second junction, and a past speed of one or more vehicles traveling in at least one direction of the said road segment. For example, the TMS 101 may adjust the amount of green signal time in a direction to allow the vehicle R1 to proceed through the second junction in a direction of the first junction such that the vehicle R1 may then have an ETA at the first junction during a time period the TMS 101 provides a green signal at the first junction in a direction the vehicle R1 may be traveling.),
in order to streamline the traffic situation, the at least one datum obtained furthermore comprising, for each connected device, a score associated with the connected device ([0193] The process 670 then decides whether to generate a navigation route for at least one of the vehicles having a VSS or vehicle groups having a GSS. Vehicle groups having high GSS may be given higher priority than individual vehicles with VSS, which in turn have higher priority than vehicles operating without priority scores. All vehicles using the navigation system with a declared destination may each be provided with a system generated route.).
Regarding claim(s) 2. Nguyen discloses on the basis of the identified traffic situation, executing a calculation phase defining at least the respective instructions to be adopted by at least one sub-portion of the vehicles of the portion of vehicles, in order to streamline the traffic situation ([0018] FIG. 7B illustrates examples of other equipment which may be controlled by a TCD controller in some embodiments; [0019] FIGS. 8A-8B are flowcharts of exemplary traffic signal control processes; [0020] FIG. 8A is a diagram of an exemplary semi-actuated traffic signal timing process 860 (semi-actuated process 860) that may be applied to the junction A by the TMS 101;).
Regarding claim(s) 3. Nguyen discloses wherein the at least one datum relating to a movement of at least one vehicle of the plurality of vehicles comprises at least one datum from among a first position of the vehicle, a first direction of the vehicle, a first speed of the vehicle, a first acceleration of the vehicle, and a combination of these data ([0310] A number of data element types (aka “data elements” or “elements”) within the VSS 610 may be grouped in categories for ease of understanding and for simplicity of identification and calculation, but the elements are not required to be categorized. The VSS 610 may be determined on the basis of available input. The more elements of the VSS 610 that are provided or can be determined, and the more that is known or can be determined about each element of the VSS 610, the higher the VSS 610 may ultimately be. The higher the VSS 610 is, the higher a priority of a vehicle may be. At least one category and/or element may have a corresponding weighting W.sub.n (e.g. W.sub.612, W.sub.614, W.sub.616, W.sub.618, W.sub.620, W.sub.622, W.sub.624, etc.) within a calculation of the VSS 610 such that some elements and categories may have a greater influence on the value of the VSS 610 than other elements (e.g. a first element may have greater influence than a second element, or vice versa).).
Regarding claim(s) 4. Nguyen discloses wherein the at least one datum relating to a movement of at least one vehicle of the plurality of vehicles is at least one datum relating to a movement of at least one connected device carried on board a vehicle of the at least one portion of vehicles ([0312] In another example, elements of the VSS 610 that may be tracked at least in part by a mobile device, for example, a smart phone, that may travel with a user independently of one specific vehicle, may also form at least part of a user score 608 that is analogous to the VSS 610.).
Regarding claim(s) 5. Nguyen discloses wherein the at least one instruction comprises at least one instruction from among a route, a value of a second speed, a value of a second acceleration, a braking instruction, an acceleration instruction, a lane change instruction, and a combination of these instructions ([0116] The dynamic message sign 355A may be a roadside device used to provide observers (drivers, passengers, bicyclists, pedestrians, etc.) with messages that may be changed after a period of time. Messages displayed may be in text or graphical form, and may be in monochromatic or multiple colors. The dynamic speed limit sign 355B may be a roadside device used to display a value of a speed limit for a road segment. The value of the speed limit may be adjusted based on time or location, for example the speed limit for the road segment or for a lane of the speed limit. In one case, a first lane of a road segment may have a different value for the speed limit for that of a second lane. The dynamic speed limit sign 355B may have one or more fixed or dynamic arrows or other indicators to indicate a lane the speed limit applies to, such as the lane directly below the sign 355B and/or an adjacent lane. Further, signs 355B may be able to display more than one speed limit value, either simultaneously for different lanes or by rotation of the speed limit values and indicators for the corresponding lane or lanes.).
Regarding claim(s) 6. Nguyen discloses wherein the at lease one datum obtained further comprises statistical data relating to a road environment of the plurality of vehicles ([0091] The TMS 101 and/or the traffic signal system 348 may switch between various traffic phases, movements and/or cycles at the junction A that allow at least one detected vehicle approaching the junction A to have a greater probability of passing through without delay or with less delay than if the traffic signal system 348 was not adaptive or aware of the vehicle.).
Regarding claim(s) 7. Nguyen discloses wherein the at least one datum obtained further comprises, for each connected device, a level of priority associated with the vehicle carrying the connected device on board ([0161] In one example, traffic demand may be determined on the basis of a number of vehicle movements in each direction toward a junction. In another example, traffic demand is a number of vehicles, bicyclists, or pedestrians on the basis of quantity. In another example, traffic demand is a sum and/or product of a weighted quantity of detected, known, or estimated vehicles, bicyclists, and/or pedestrians, and may have a count value different from a numerical value of one, such as between zero and one for lower priority and greater than one for higher priority.).
Regarding claim(s) 8. Nguyen discloses wherein the respective instructions to be adopted are defined on the basis of the respective levels of priority ([0161] In one example, traffic demand may be determined on the basis of a number of vehicle movements in each direction toward a junction. In another example, traffic demand is a number of vehicles, bicyclists, or pedestrians on the basis of quantity. In another example, traffic demand is a sum and/or product of a weighted quantity of detected, known, or estimated vehicles, bicyclists, and/or pedestrians, and may have a count value different from a numerical value of one, such as between zero and one for lower priority and greater than one for higher priority.).
Regarding claim(s) 9. Nguyen discloses wherein the respective scores are modified, where applicable, on the basis of a comparison between the respective instructions generated and the respective at least one datum obtained ([0129] Through a sub-process S861 the semi-actuated process 860 determines if a minimum phase time (if applicable), for example, a minimum green phase time, and has been reached for a first (or present) phase of the junction A. If not, the sub-process S861 repeats. If so, the semi-actuated process 860 proceeds to a sub-process S862 that compares at least one traffic demand of the first phase of the junction A with at least one traffic demand of at least one other phase of the junction A, such as that of a next phase, and the comparison may occur for at least one upcoming time period. The next phase is not necessarily predetermined by a fixed order or sequence of operations if the TMS 101 is operating adaptively to real-time conditions.).
Regarding claim(s) 10. Nguyen discloses wherein the respective instructions to be adopted are defined on the basis of the respective scores ([0290] The VSS of a vehicle may first be scored on a particular scale, for example, 10,000, 1,000, 500, 100, or ranked relative to the VSS of other vehicles in a set. However, in each case the VSS of a first vehicle may be compared on a normalized basis to a second vehicle which may not have a VSS. Vehicles that do not have a VSS that are detected may be considered to have a weight or count equal to 1. If the VSS of the first vehicle is normalized against a predetermined VSS or an average of VSS scores of a set of other vehicles, then a priority of the first vehicle relative to the second vehicle may be established. For example, if the first vehicle has a VSS of 800 and the average of VSS scores used to compare is 400, then the first vehicle may have a priority of 800/400=2. That is, the first vehicle may count twice as much of the second vehicle for purposes of prioritization.).
Regarding claim(s) 11. Nguyen discloses feeding a database with the at least one datum obtained and the instructions generated, determining the calculation phase based on an artificial intelligence algorithm, wherein the artificial intelligence algorithm is periodically trained on the database ([0219] In another example, an artificial intelligence (AI) system may be used to augment any system operating mode, such as to determine routing for one or more vehicles traveling in at least one zone on the road network and adjusting traffic signal timing in response to those vehicles. The AI system may utilize at least one of a variety of techniques or processes to determine each vehicle's route using, for example, machine learning, logical, probabilistic, search and optimization (including use with heuristics), and various types of neural networks, for at least a portion of a routing function. Further, human input or review may be used in some situations.).
Regarding claim(s) 13. Nguyen discloses a device comprising a processing unit configured for the implementation of the method according to claim 1 (abstract).
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.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRUC M DO whose telephone number is (571)270-5962. The examiner can normally be reached on 9AM-6PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ramón Mercado, Ph.D. can be reached on (571) 270-5744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRUC M DO/Primary Examiner, Art Unit 3658
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