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 .
Response to Amendment
In response to the office action filed 09/12/2025, Applicant amended Claims 1-8, 14-15. Claims 1-15 are currently pending.
Response to Arguments
Applicant’s arguments, see pages 6-9, filed 03/09/2026, with respect to the rejection(s) of claim(s) 1, 2, 14 and 15 under 35 U.S.C. 102 as being anticipated by Panthri (U.S. 2025/0091570A1) have been fully considered and are persuasive in view of the amendment. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made under 35 U.S.C. 103 as being unpatentable over Panthri (U.S. 2025/0091570A1) in view of Rodriguez et al. (U.S. 2018/0113477A1) as detailed below.
Claim Objections
Claims 1-13 are objected to because of the following informalities:
Claim 1 recites “bbased” (line 2) and “froma” (line 3) and “[[ ]]” (lines 14-15).
Claim 2 recites facilitating communication between the first vehicle and a cloud based server with an expansion device connected a computer of the first vehicle transmitting a vehicle identification number” and “[[ ]]” (lines 17-18).
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 6, and 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 3, 6, and 7 recite the limitation "the first vehicle". There is insufficient antecedent basis for this limitation in the claim. Claims 3, 6, and 7 now depend from Claim 1 which was amended to eliminate recitations of “a first vehicle” and replaced with “a trailing vehicle”. For the purpose of examination over the prior art, recitations of “the first vehicle” in claims 3, 6, and 7 will be construed as “the trailing vehicle”.
Appropriate correction is required.
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 are rejected under 35 U.S.C. 103 as being unpatentable over Panthri (U.S. 2025/0091570A1) in view of Rodriguez et al. (U.S. 2018/0113477A1). Panthri discloses “Systems, methods, and other embodiments described herein relate to improving obstacle avoidance for a virtually connected convoy of vehicles. In one embodiment, a method includes detecting an obstacle in a path of a convoy, determining that a vehicle in the convoy is to execute obstacle avoidance based on a property of the vehicle and a physical property of the obstacle, and disengaging a following mode of the convoy responsive to a determination that the vehicle is to execute obstacle avoidance.” (Abstract). Rodriguez discloses “In a first step, the navigation assistance program 66 on the lead vehicle device computer 52 receives a designation of a vehicle as the lead vehicle and a final destination for the lead vehicle and any following vehicles to be associated with the lead vehicle (step 102). [0037] The navigation assistance program 66 then receives an identification of the following vehicles to be associated with the lead vehicle and the final destination (step 104). The identification of the following vehicles may include the phone number of a mobile device in the following vehicle, the following vehicles' license plates, which uniquely identifies the make, the model, and the year, the VIN number, and other information which is available from the Department of Motor Vehicles (DMV) in a database, such as databases 67a-67n. Step 104 is repeated for all of the following vehicles to be registered with the lead vehicle to register all of the vehicles to be associated with the route to the destination.” (¶0036-0037) and “The navigation assistance program 66 searches for and retrieves information regarding the following vehicles and the lead vehicle (step 108). The navigation assistance program 66 may access known specifications of the vehicles such as the size and length of the vehicle, the horsepower and the acceleration capability, the weight of the vehicle, etc. which may be available in external, public databases, such as databases 67a-67n.
[0040] Navigation assistance program 66 can use the specifications of the vehicles when determining what speed and amount of time is needed for the lead vehicle and the following vehicles to traverse specific traffic obstacles such as traffic intersections, etc. For example, the time required to clear the intersection moving straight forward or making right or left turn which varies for a compact, full size or very large 18-wheeler truck.” (¶0039-0040)
Regarding Claim 1, Panthri discloses: A method for implementing a safety protocol (¶0101-¶0102; The processor(s) 110, the convoy management system 170, and/or the automated driving module(s) 160 cause the vehicle 100 to accelerate (e.g., by increasing the supply of energy/fuel provided to a motor), decelerate (e.g., by applying brakes), and/or change direction (e.g., by steering the front two wheels). As used herein, “cause” or “causing” means to make, force, compel, direct, command, instruct, and/or enable an event or action to occur either in a direct or indirect manner.”) from a cloud based server (¶0025-0026; “the communication system 180, in one arrangement, further communicates according to a protocol, such as global system for mobile communication (GSM), Enhanced Data Rates for GSM Evolution (EDGE), Long-Term Evolution (LTE), 5G, or another communication technology that provides for the vehicle 100 communicating with various remote devices (e.g., a cloud-based server).”) based on a capability of a trailing vehicle (Fig. 3, ‘following vehicle 344’) and a signal from a leading vehicle (lead vehicle 342) wherein the signal from the leading vehicle is representative of a vehicle safety condition (¶0076; “the convoy management system 170 described herein detects the obstacle 348 via the environment sensors 122 of the lead vehicle 342 and determines whether itself (e.g., the lead vehicle 342) or any other vehicle (e.g., the following vehicle 344) in the convoy should execute an obstacle avoidance measure to navigate around the obstacle 348. As described above, such a determination is based on the property data 255 and/or the sensor data 250 related to the vehicles in the convoy and the physical properties of the obstacle 348 as detected by the environment sensors 122 of the lead vehicle.” ) proximate the leading vehicle, the method comprising the steps of:
providing the cloud based server which includes a capability data of the trailing vehicle (¶0038; “the data store 240 further includes property data 255, which indicates the properties, dimensions, capabilities, etc., of the vehicles in the convoy….For example, the properties of vehicles may include a dimension of the vehicle (e.g., ground clearance, length, width, height, wheelbase, etc.), an operational capability of the vehicle (e.g., braking capabilities, acceleration capabilities, steering capabilities, turning radius, etc.), or other information relating to the dimensions and/or capabilities of the vehicle. While particular reference is made to particular types of property data 255, other types of property data 255 may be stored in the data store 240. “);
receiving the signal from the leading vehicle (Fig. 3-5, signal 346; ¶0076);
upon receiving the signal, transmitting the signal to the cloud based server (¶0025);
receiving the safety protocol (Fig. 3-5, ¶0036; “as described above, the convoy management system 170 determines whether any vehicle in the convoy should engage in obstacle avoidance. In this example, the convoy vehicles may share such information via the respective communication systems 180 of the vehicles. As such, the sensor data 250 includes sensor output from which vehicle dimensions/capabilities may be determined.”;)from the cloud based server, wherein the safety protocol is a set of computer instructions transmitting the safety protocol to an onboard computer of the trailing vehicle to implement the set of computer instructions (¶e.g. 0053; the obstacle avoidance module 220 may cause the processor 110 to transmit obstacle avoidance commands to the following vehicle based on a property of the following vehicle. That is, the obstacle avoidance module 220 may generate obstacle avoidance commands for the following vehicle based on the property of the following vehicle and the physical property of the obstacle. In this example, the convoy management system 170, via the communication system 180, may transmit the autonomous obstacle avoidance command to the following vehicle such that the automated driving system of the following vehicle may control the vehicle systems 140 in accordance with the autonomous obstacle avoidance command to navigate past the obstacle safely”)
Panthri discloses all the elements of the claimed invention as indicated above but does not explicitly disclose that the capability data of the trailing vehicle is a capability data of the trailing vehicle associated with a vehicle identification number of the trailing vehicle. In other words the disclosed obstacle avoidance system does not explicitly utilize “a vehicle identification number” as a means for retrieving/communicating the trailing vehicles capabilities ((¶0038; “the data store 240 further includes property data 255, which indicates the properties, dimensions, capabilities, etc., of the vehicles in the convoy….For example, the properties of vehicles may include a dimension of the vehicle (e.g., ground clearance, length, width, height, wheelbase, etc.), an operational capability of the vehicle (e.g., braking capabilities, acceleration capabilities, steering capabilities, turning radius, etc.), or other information relating to the dimensions and/or capabilities of the vehicle. While particular reference is made to particular types of property data 255, other types of property data 255 may be stored in the data store 240. “).
Rodriguez discloses “The present invention relates to navigation, and more specifically to traffic navigation assistance for a lead vehicle and associated following vehicles.” (¶0001) and as previously indicated “The navigation assistance program 66 then receives an identification of the following vehicles to be associated with the lead vehicle and the final destination (step 104). The identification of the following vehicles may include the phone number of a mobile device in the following vehicle, the following vehicles' license plates, which uniquely identifies the make, the model, and the year, the VIN number, and other information which is available from the Department of Motor Vehicles (DMV) in a database, such as databases 67a-67n” (¶0036-0037) and The navigation assistance program 66 then receives an identification of the following vehicles to be associated with the lead vehicle and the final destination (step 104). The identification of the following vehicles may include the phone number of a mobile device in the following vehicle, the following vehicles' license plates, which uniquely identifies the make, the model, and the year, the VIN number, and other information which is available from the Department of Motor Vehicles (DMV) in a database, such as databases 67a-67n” (¶0039-0039).
Therefore Rodriguez teaches a cloud/server based control and navigation system for vehicles in a leading and trailing convoy configuration wherein the vehicle capabilities are retrieved base retrieval/communication of a vehicles identification number (¶0036-0039, e.g. phone number, license plate number, vehicle identification number “VIN”) in order to provide a leading and following vehicle control system wherein “additional data can be leveraged to account for obstacles in the path of the following vehicles, such as other vehicles, whether the following vehicles can pass the obstacles by moving lanes (assuming there are no vehicles in other lanes, which can be determined by sensor cameras on the lead and/or following vehicles), specifications of the vehicles such as horsepower, acceleration capabilities, length of the vehicle and distance to the traffic signal.” (¶0054) and that “can use the specifications of the vehicles when determining what speed and amount of time is needed for the lead vehicle and the following vehicles to traverse specific traffic obstacles such as traffic intersections, etc.” (¶0040).
It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the cloud/server based control and navigation system for vehicles in a leading and trailing convoy of Panthri to incorporate the teachings of Rodriguez to include retrieving a capability data of the trailing vehicle associated with a vehicle identification number of the trailing vehicle in order to provide a leading and following vehicle control system wherein “additional data can be leveraged to account for obstacles in the path of the following vehicles, such as other vehicles, whether the following vehicles can pass the obstacles by moving lanes (assuming there are no vehicles in other lanes, which can be determined by sensor cameras on the lead and/or following vehicles), specifications of the vehicles such as horsepower, acceleration capabilities, length of the vehicle and distance to the traffic signal.” (¶0054) and that “can use the specifications of the vehicles when determining what speed and amount of time is needed for the lead vehicle and the following vehicles to traverse specific traffic obstacles such as traffic intersections, etc.” (¶0040).
Regarding Claim 2, Panthri discloses: A method of increasing safety for a passenger of a first vehicle (Fig. 3, ‘following vehicle 344’), the method comprising the steps of:
facilitating communication (signal 346) between the first vehicle and a cloud based server (¶0025-0026; “the communication system 180, in one arrangement, further communicates according to a protocol, such as global system for mobile communication (GSM), Enhanced Data Rates for GSM Evolution (EDGE), Long-Term Evolution (LTE), 5G, or another communication technology that provides for the vehicle 100 communicating with various remote devices (e.g., a cloud-based server).”) with an expansion device connected to a computer (¶0027; “the processor 110 may be a part of the convoy management system 170, the convoy management system 170 may include a separate processor from the processor 110 of the vehicle 100, or the convoy management system 170 may access the processor 110 through a data bus or another communication path that is separate from the vehicle 100.”)of the first vehicle (344);
receiving a first electronic data of the first vehicle from the cloud based server, wherein the first electronic data includes data relating to a capability of the first vehicle (¶0038; “the data store 240 further includes property data 255, which indicates the properties, dimensions, capabilities, etc., of the vehicles in the convoy….For example, the properties of vehicles may include a dimension of the vehicle (e.g., ground clearance, length, width, height, wheelbase, etc.), an operational capability of the vehicle (e.g., braking capabilities, acceleration capabilities, steering capabilities, turning radius, etc.), or other information relating to the dimensions and/or capabilities of the vehicle. While particular reference is made to particular types of property data 255, other types of property data 255 may be stored in the data store 240. “);
receiving a second electronic data via the expansion device including data relating to a remote roadway condition, a capability of a leading vehicle traversing the remote roadway condition, a corrective action taken by the leading vehicle to mitigate danger arising from the remote roadway condition, and an assessment of the corrective action taken by the leading vehicle(¶0076; “the convoy management system 170 described herein detects the obstacle 348 via the environment sensors 122 of the lead vehicle 342 and determines whether itself (e.g., the lead vehicle 342) or any other vehicle (e.g., the following vehicle 344) in the convoy should execute an obstacle avoidance measure to navigate around the obstacle 348. As described above, such a determination is based on the property data 255 and/or the sensor data 250 related to the vehicles in the convoy and the physical properties of the obstacle 348 as detected by the environment sensors 122 of the lead vehicle.” );
comparing the second electronic data of the leading vehicle with the first electronic data of the first vehicle to derive one or more implementable actions that increase safety for a passenger of the first vehicle (¶0039; “the property data 255 includes property data 255 for multiple vehicles. That is, as described above, the convoy management system 170 determines whether any vehicle in the convoy should engage in obstacle avoidance.”);
transmitting the one or more implementable actions to the computer of the first vehicle. (¶e.g. 0053; the obstacle avoidance module 220 may cause the processor 110 to transmit obstacle avoidance commands to the following vehicle based on a property of the following vehicle. That is, the obstacle avoidance module 220 may generate obstacle avoidance commands for the following vehicle based on the property of the following vehicle and the physical property of the obstacle. In this example, the convoy management system 170, via the communication system 180, may transmit the autonomous obstacle avoidance command to the following vehicle such that the automated driving system of the following vehicle may control the vehicle systems 140 in accordance with the autonomous obstacle avoidance command to navigate past the obstacle safely”)
Panthri discloses all the elements of the claimed invention as indicated above but does not explicitly disclose transmitting a vehicle identification number of the first vehicle to the cloud based server and receiving a first electronic data of the first vehicle from the cloud based server
. In other words the disclosed obstacle avoidance system does not explicitly utilize “a vehicle identification number” as a means for retrieving/communicating the trailing vehicles capabilities ((¶0038; “the data store 240 further includes property data 255, which indicates the properties, dimensions, capabilities, etc., of the vehicles in the convoy….For example, the properties of vehicles may include a dimension of the vehicle (e.g., ground clearance, length, width, height, wheelbase, etc.), an operational capability of the vehicle (e.g., braking capabilities, acceleration capabilities, steering capabilities, turning radius, etc.), or other information relating to the dimensions and/or capabilities of the vehicle. While particular reference is made to particular types of property data 255, other types of property data 255 may be stored in the data store 240. “).
Rodriguez discloses “The present invention relates to navigation, and more specifically to traffic navigation assistance for a lead vehicle and associated following vehicles.” (¶0001) and as previously indicated “The navigation assistance program 66 then receives an identification of the following vehicles to be associated with the lead vehicle and the final destination (step 104). The identification of the following vehicles may include the phone number of a mobile device in the following vehicle, the following vehicles' license plates, which uniquely identifies the make, the model, and the year, the VIN number, and other information which is available from the Department of Motor Vehicles (DMV) in a database, such as databases 67a-67n” (¶0036-0037) and The navigation assistance program 66 then receives an identification of the following vehicles to be associated with the lead vehicle and the final destination (step 104). The identification of the following vehicles may include the phone number of a mobile device in the following vehicle, the following vehicles' license plates, which uniquely identifies the make, the model, and the year, the VIN number, and other information which is available from the Department of Motor Vehicles (DMV) in a database, such as databases 67a-67n” (¶0039-0039).
Therefore Rodriguez teaches transmitting a vehicle identification number of the first vehicle to the cloud based server and receiving a first electronic data of the first vehicle from the cloud based server in order to provide a cloud/server based control and navigation system for vehicles in a leading and trailing convoy configuration wherein the vehicle capabilities are retrieved base retrieval/communication of a vehicles identification number (¶0036-0039, e.g. phone number, license plate number, vehicle identification number “VIN”) in order to provide a leading and following vehicle control system wherein “additional data can be leveraged to account for obstacles in the path of the following vehicles, such as other vehicles, whether the following vehicles can pass the obstacles by moving lanes (assuming there are no vehicles in other lanes, which can be determined by sensor cameras on the lead and/or following vehicles), specifications of the vehicles such as horsepower, acceleration capabilities, length of the vehicle and distance to the traffic signal.” (¶0054) and that “can use the specifications of the vehicles when determining what speed and amount of time is needed for the lead vehicle and the following vehicles to traverse specific traffic obstacles such as traffic intersections, etc.” (¶0040).
It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the cloud/server based control and navigation system for vehicles in a leading and trailing convoy of Panthri to incorporate the teachings of Rodriguez to include transmitting a vehicle identification number of the first vehicle to the cloud based server and receiving a first electronic data of the first vehicle from the cloud based server in order to provide a leading and following vehicle control system wherein “additional data can be leveraged to account for obstacles in the path of the following vehicles, such as other vehicles, whether the following vehicles can pass the obstacles by moving lanes (assuming there are no vehicles in other lanes, which can be determined by sensor cameras on the lead and/or following vehicles), specifications of the vehicles such as horsepower, acceleration capabilities, length of the vehicle and distance to the traffic signal.” (¶0054) and that “can use the specifications of the vehicles when determining what speed and amount of time is needed for the lead vehicle and the following vehicles to traverse specific traffic obstacles such as traffic intersections, etc.” (¶0040).
Regarding Claim 14, Panthri further discloses A non-transitory, computer readable storage medium (Fig. 2, ¶0091 data stores 115) containing a computer program (¶0108-0111; computer program products), which when executed by a processor (Fig. 2, processor(s) 110), causes the processor to carry out actions (¶0101-¶0102; The processor(s) 110, the convoy management system 170, and/or the automated driving module(s) 160 cause the vehicle 100 to accelerate (e.g., by increasing the supply of energy/fuel provided to a motor), decelerate (e.g., by applying brakes), and/or change direction (e.g., by steering the front two wheels). As used herein, “cause” or “causing” means to make, force, compel, direct, command, instruct, and/or enable an event or action to occur either in a direct or indirect manner.”) to increase safety to a passenger of a first vehicle, the actions comprising:
Receiving a first electronic data (¶0038; “the data store 240 further includes property data 255, which indicates the properties, dimensions, capabilities, etc., of the vehicles in the convoy. “) of the first vehicle from the cloud based server(¶0025-0026; “the communication system 180, in one arrangement, further communicates according to a protocol, such as global system for mobile communication (GSM), Enhanced Data Rates for GSM Evolution (EDGE), Long-Term Evolution (LTE), 5G, or another communication technology that provides for the vehicle 100 communicating with various remote devices (e.g., a cloud-based server).”) wherein the first electronic data of the first vehicle is related to a capability (¶0038; “the data store 240 further includes property data 255, which indicates the properties, dimensions, capabilities, etc., of the vehicles in the convoy….For example, the properties of vehicles may include a dimension of the vehicle (e.g., ground clearance, length, width, height, wheelbase, etc.), an operational capability of the vehicle (e.g., braking capabilities, acceleration capabilities, steering capabilities, turning radius, etc.), or other information relating to the dimensions and/or capabilities of the vehicle. While particular reference is made to particular types of property data 255, other types of property data 255 may be stored in the data store 240. “); of the first vehicle (Fig. 3, ‘following vehicle 344’);
receiving a second electronic data regarding at least one of a remote roadway condition , capability of a leading vehicle (¶0038; “the data store 240 further includes property data 255, which indicates the properties, dimensions, capabilities, etc., of the vehicles in the convoy. “) traversing the remote roadway condition (¶0051 & ¶0054; based on electronic data including properties of the leading vehicle, properties of first vehicle, obstacle data on the roadway being traversed; the leading vehicle convoy management system is configured to compare the data and transmit instructions to the leading vehicle and the first vehicle such that both avoid the obstacle. The instructions for each vehicle may differ. See at least ¶0054)., a corrective action taken by the leading vehicle to mitigate danger arising from the remote roadway condition (e.g. presence of an obstacle on the roadway), and an assessment of the corrective action; comparing the second electronic data and first electronic data to derive one or more implementable actions which increase safety for passengers of the first vehicle; transmitting the one or more implementable actions to a computer of the first vehicle. (¶0018; “the lead vehicle and the following vehicle in a convoy may have different dimensions/abilities, which result in situations where both vehicles 1) do not need to avoid the same obstacles or 2) do not need to avoid the obstacles in the same manner. Accordingly, the present specification describes a system that accounts for the individual abilities/dimensions of each vehicle in a convoy when selecting an obstacle avoidance strategy.”; see ¶0051-¶0054 for examples of obstacle avoidance strategies communicated from the leading vehicle to the following vehicle based on the physical properties of the obstacle and the properties of the respective vehicles.)
Panthri discloses all the elements of the claimed invention as indicated above but does not explicitly disclose transmitting a vehicle identification number of the first vehicle to the cloud based server and receiving a first electronic data of the first vehicle from the cloud based server
. In other words the disclosed obstacle avoidance system does not explicitly utilize “a vehicle identification number” as a means for retrieving/communicating the trailing vehicles capabilities ((¶0038; “the data store 240 further includes property data 255, which indicates the properties, dimensions, capabilities, etc., of the vehicles in the convoy….For example, the properties of vehicles may include a dimension of the vehicle (e.g., ground clearance, length, width, height, wheelbase, etc.), an operational capability of the vehicle (e.g., braking capabilities, acceleration capabilities, steering capabilities, turning radius, etc.), or other information relating to the dimensions and/or capabilities of the vehicle. While particular reference is made to particular types of property data 255, other types of property data 255 may be stored in the data store 240. “).
Rodriguez discloses “The present invention relates to navigation, and more specifically to traffic navigation assistance for a lead vehicle and associated following vehicles.” (¶0001) and as previously indicated “The navigation assistance program 66 then receives an identification of the following vehicles to be associated with the lead vehicle and the final destination (step 104). The identification of the following vehicles may include the phone number of a mobile device in the following vehicle, the following vehicles' license plates, which uniquely identifies the make, the model, and the year, the VIN number, and other information which is available from the Department of Motor Vehicles (DMV) in a database, such as databases 67a-67n” (¶0036-0037) and The navigation assistance program 66 then receives an identification of the following vehicles to be associated with the lead vehicle and the final destination (step 104). The identification of the following vehicles may include the phone number of a mobile device in the following vehicle, the following vehicles' license plates, which uniquely identifies the make, the model, and the year, the VIN number, and other information which is available from the Department of Motor Vehicles (DMV) in a database, such as databases 67a-67n” (¶0039-0039).
Therefore Rodriguez teaches transmitting a vehicle identification number of the first vehicle to the cloud based server and receiving a first electronic data of the first vehicle from the cloud based server in order to provide a cloud/server based control and navigation system for vehicles in a leading and trailing convoy configuration wherein the vehicle capabilities are retrieved base retrieval/communication of a vehicles identification number (¶0036-0039, e.g. phone number, license plate number, vehicle identification number “VIN”) in order to provide a leading and following vehicle control system wherein “additional data can be leveraged to account for obstacles in the path of the following vehicles, such as other vehicles, whether the following vehicles can pass the obstacles by moving lanes (assuming there are no vehicles in other lanes, which can be determined by sensor cameras on the lead and/or following vehicles), specifications of the vehicles such as horsepower, acceleration capabilities, length of the vehicle and distance to the traffic signal.” (¶0054) and that “can use the specifications of the vehicles when determining what speed and amount of time is needed for the lead vehicle and the following vehicles to traverse specific traffic obstacles such as traffic intersections, etc.” (¶0040).
It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the cloud/server based control and navigation system for vehicles in a leading and trailing convoy of Panthri to incorporate the teachings of Rodriguez to include transmitting a vehicle identification number of the first vehicle to the cloud based server and receiving a first electronic data of the first vehicle from the cloud based server in order to provide a leading and following vehicle control system wherein “additional data can be leveraged to account for obstacles in the path of the following vehicles, such as other vehicles, whether the following vehicles can pass the obstacles by moving lanes (assuming there are no vehicles in other lanes, which can be determined by sensor cameras on the lead and/or following vehicles), specifications of the vehicles such as horsepower, acceleration capabilities, length of the vehicle and distance to the traffic signal.” (¶0054) and that “can use the specifications of the vehicles when determining what speed and amount of time is needed for the lead vehicle and the following vehicles to traverse specific traffic obstacles such as traffic intersections, etc.” (¶0040).
Regarding Claim 15, Panthri further discloses A device (Fig. 2; convoy management system 170) attachable (¶0091; “The term “operatively connected,” as used throughout this description, can include direct or indirect connections, including connections without direct physical contact”) to an onboard computer (Fig. 1, processors 110) of a first vehicle (Fig. 3 vehicle 344) that increases safety of the first vehicle, the device comprising: a connector sized and configured to be in electrical communication with the onboard computer of the first vehicle (¶0091; “The term “operatively connected,” as used throughout this description, can include direct or indirect connections, including connections without direct physical contact” Fig. 1-2 indicate that convoy management system 170 is connected with control system including processors 110 of each vehicle); a processor(Fig. 2, processor(s) 110), in electrical communication with the connector; a non-transitory, computer readable storage medium (Fig. 2, ¶0091 data stores 115) containing a computer program (¶0108-0111; computer program products),, which when executed by the processor, causes the processor to carry out actions (¶0101-¶0102; The processor(s) 110, the convoy management system 170, and/or the automated driving module(s) 160 cause the vehicle 100 to accelerate (e.g., by increasing the supply of energy/fuel provided to a motor), decelerate (e.g., by applying brakes), and/or change direction (e.g., by steering the front two wheels). As used herein, “cause” or “causing” means to make, force, compel, direct, command, instruct, and/or enable an event or action to occur either in a direct or indirect manner.”)to increase safety to a passenger of the first vehicle, the actions comprising:
receiving a first electronic data (¶0038; “the data store 240 further includes property data 255, which indicates the properties, dimensions, capabilities, etc., of the vehicles in the convoy. “) of the first vehicle from the cloud based server(¶0025-0026; “the communication system 180, in one arrangement, further communicates according to a protocol, such as global system for mobile communication (GSM), Enhanced Data Rates for GSM Evolution (EDGE), Long-Term Evolution (LTE), 5G, or another communication technology that provides for the vehicle 100 communicating with various remote devices (e.g., a cloud-based server).”) wherein the first electronic data of the first vehicle is related to a capability (¶0038; “the data store 240 further includes property data 255, which indicates the properties, dimensions, capabilities, etc., of the vehicles in the convoy….For example, the properties of vehicles may include a dimension of the vehicle (e.g., ground clearance, length, width, height, wheelbase, etc.), an operational capability of the vehicle (e.g., braking capabilities, acceleration capabilities, steering capabilities, turning radius, etc.), or other information relating to the dimensions and/or capabilities of the vehicle. While particular reference is made to particular types of property data 255, other types of property data 255 may be stored in the data store 240. “); of the first vehicle (Fig. 3, ‘following vehicle 344’);
receiving a second electronic data regarding at least one of a remote roadway condition , capability of a leading vehicle (¶0038; “the data store 240 further includes property data 255, which indicates the properties, dimensions, capabilities, etc., of the vehicles in the convoy. “) traversing the remote roadway condition (¶0051 & ¶0054; based on electronic data including properties of the leading vehicle, properties of first vehicle, obstacle data on the roadway being traversed; the leading vehicle convoy management system is configured to compare the data and transmit instructions to the leading vehicle and the first vehicle such that both avoid the obstacle. The instructions for each vehicle may differ. See at least ¶0054)., a corrective action taken by the leading vehicle to mitigate danger arising from the remote roadway condition (e.g. presence of an obstacle on the roadway), and an assessment of the corrective action; comparing the second electronic data and first electronic data to derive one or more implementable actions which increase safety for passengers of the first vehicle; transmitting the one or more implementable actions to a computer of the first vehicle. (¶0018; “the lead vehicle and the following vehicle in a convoy may have different dimensions/abilities, which result in situations where both vehicles 1) do not need to avoid the same obstacles or 2) do not need to avoid the obstacles in the same manner. Accordingly, the present specification describes a system that accounts for the individual abilities/dimensions of each vehicle in a convoy when selecting an obstacle avoidance strategy.”; see ¶0051-¶0054 for examples of obstacle avoidance strategies communicated from the leading vehicle to the following vehicle based on the physical properties of the obstacle and the properties of the respective vehicles.)
Panthri discloses all the elements of the claimed invention as indicated above but does not explicitly disclose transmitting a vehicle identification number of the first vehicle to the cloud based server and receiving a first electronic data of the first vehicle from the cloud based server
In other words the disclosed obstacle avoidance system does not explicitly utilize “a vehicle identification number” as a means for retrieving/communicating the trailing vehicles capabilities ((¶0038; “the data store 240 further includes property data 255, which indicates the properties, dimensions, capabilities, etc., of the vehicles in the convoy….For example, the properties of vehicles may include a dimension of the vehicle (e.g., ground clearance, length, width, height, wheelbase, etc.), an operational capability of the vehicle (e.g., braking capabilities, acceleration capabilities, steering capabilities, turning radius, etc.), or other information relating to the dimensions and/or capabilities of the vehicle. While particular reference is made to particular types of property data 255, other types of property data 255 may be stored in the data store 240. “).
Rodriguez discloses “The present invention relates to navigation, and more specifically to traffic navigation assistance for a lead vehicle and associated following vehicles.” (¶0001) and as previously indicated “The navigation assistance program 66 then receives an identification of the following vehicles to be associated with the lead vehicle and the final destination (step 104). The identification of the following vehicles may include the phone number of a mobile device in the following vehicle, the following vehicles' license plates, which uniquely identifies the make, the model, and the year, the VIN number, and other information which is available from the Department of Motor Vehicles (DMV) in a database, such as databases 67a-67n” (¶0036-0037) and The navigation assistance program 66 then receives an identification of the following vehicles to be associated with the lead vehicle and the final destination (step 104). The identification of the following vehicles may include the phone number of a mobile device in the following vehicle, the following vehicles' license plates, which uniquely identifies the make, the model, and the year, the VIN number, and other information which is available from the Department of Motor Vehicles (DMV) in a database, such as databases 67a-67n” (¶0039-0039).
Therefore Rodriguez teaches transmitting a vehicle identification number of the first vehicle to the cloud based server and receiving a first electronic data of the first vehicle from the cloud based server in order to provide a cloud/server based control and navigation system for vehicles in a leading and trailing convoy configuration wherein the vehicle capabilities are retrieved base retrieval/communication of a vehicles identification number (¶0036-0039, e.g. phone number, license plate number, vehicle identification number “VIN”) in order to provide a leading and following vehicle control system wherein “additional data can be leveraged to account for obstacles in the path of the following vehicles, such as other vehicles, whether the following vehicles can pass the obstacles by moving lanes (assuming there are no vehicles in other lanes, which can be determined by sensor cameras on the lead and/or following vehicles), specifications of the vehicles such as horsepower, acceleration capabilities, length of the vehicle and distance to the traffic signal.” (¶0054) and that “can use the specifications of the vehicles when determining what speed and amount of time is needed for the lead vehicle and the following vehicles to traverse specific traffic obstacles such as traffic intersections, etc.” (¶0040).
It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the cloud/server based control and navigation system for vehicles in a leading and trailing convoy of Panthri to incorporate the teachings of Rodriguez to include transmitting a vehicle identification number of the first vehicle to the cloud based server and receiving a first electronic data of the first vehicle from the cloud based server in order to provide a leading and following vehicle control system wherein “additional data can be leveraged to account for obstacles in the path of the following vehicles, such as other vehicles, whether the following vehicles can pass the obstacles by moving lanes (assuming there are no vehicles in other lanes, which can be determined by sensor cameras on the lead and/or following vehicles), specifications of the vehicles such as horsepower, acceleration capabilities, length of the vehicle and distance to the traffic signal.” (¶0054) and that “can use the specifications of the vehicles when determining what speed and amount of time is needed for the lead vehicle and the following vehicles to traverse specific traffic obstacles such as traffic intersections, etc.” (¶0040).
Regarding Claim 3, Panthri further discloses: wherein the transmitting the one or more implementable actions step includes a step of transmitting instructions to the computer of the first vehicle to display a warning signal on a computer screen of the first vehicle (¶0052; “For example, rather than simply noting the detected obstacle, the convoy management system 170 may transmit the guidance, which may be based on the properties of the vehicle and the physical properties of the obstacle, to the following vehicle, which may then be presented to a driver via, for example, audio output, visual output, or otherwise.” And ¶0062; “the lead vehicle may transmit navigation guidance or automated commands for obstacle avoidance. In this example, the following vehicle may display the navigation guidance or execute the automated commands for obstacle avoidance”)
Regarding Claim 4, Panthri further discloses wherein the transmitting the one or more implementable actions step includes a step of transmitting instructions to the computer of the first vehicle to activate a brake system of the first vehicle to slow down the first vehicle (Fig. 1, braking system 142, ¶0054, “a following vehicle that does not have as great a braking capability may be instructed/guided to pull over to the shoulder of the road to avoid collision with the vehicle in front”)
Regarding Claim 5, Panthri further discloses wherein the transmitting the one or more implementable actions step includes a step of transmitting instructions to the computer of the first vehicle to modify a suspension of the first vehicle (¶0054; following vehicle obstacle avoidance includes activating the steering system differently than the steering system of the leading vehicle), turning on a left or right turn signal of the first vehicle (Fig. 1, signaling system 146)
Regarding Claim 6, Panthri discloses all the elements of Claim 2 as indicated above including communicating vehicle capability information to and from cloud based servers (¶0025-0026, ‘cloud-based service’ and ‘cloud-based server’). However, Panthri does not explicitly teach: wherein the step of transmitting the vehicle identification number of the first vehicle to the cloud based server and receiving the first electronic data of the first vehicle from the cloud based server comprises: accessing a computer of the first vehicle; retrieving the vehicle identification number of the first vehicle from the computer; transmitting the vehicle identification number of the first vehicle to the cloud based server to look up the capability of the first vehicle; receiving the first electronic data from the cloud based server.
Rodriguez teaches: wherein the step of transmitting the vehicle identification number of the first vehicle (Fig. 1, 56) to the cloud based server (Fig. 1, network 50) and receiving the first electronic data (¶0039-0040)of the first vehicle from the cloud based server comprises: accessing a computer (Fkg. 1, following vehicle device computer) of the first vehicle;
retrieving the vehicle identification number of the first vehicle from the computer (¶0036-0037, e.g. phone number, license plate number, vehicle identification number); transmitting the vehicle identification number of the first vehicle to the cloud based server to look up the capability of the first vehicle; (“In a first step, the navigation assistance program 66 on the lead vehicle device computer 52 receives a designation of a vehicle as the lead vehicle and a final destination for the lead vehicle and any following vehicles to be associated with the lead vehicle (step 102). [0037] The navigation assistance program 66 then receives an identification of the following vehicles to be associated with the lead vehicle and the final destination (step 104). The identification of the following vehicles may include the phone number of a mobile device in the following vehicle, the following vehicles' license plates, which uniquely identifies the make, the model, and the year, the VIN number, and other information which is available from the Department of Motor Vehicles (DMV) in a database, such as databases 67a-67n. Step 104 is repeated for all of the following vehicles to be registered with the lead vehicle to register all of the vehicles to be associated with the route to the destination.” (¶0036-0037)
receiving the first electronic data from the cloud based server (¶0039-0040; “The navigation assistance program 66 searches for and retrieves information regarding the following vehicles and the lead vehicle (step 108). The navigation assistance program 66 may access known specifications of the vehicles such as the size and length of the vehicle, the horsepower and the acceleration capability, the weight of the vehicle, etc. which may be available in external, public databases, such as databases 67a-67n”) in order to provide a leading and following vehicle control system wherein “additional data can be leveraged to account for obstacles in the path of the following vehicles, such as other vehicles, whether the following vehicles can pass the obstacles by moving lanes (assuming there are no vehicles in other lanes, which can be determined by sensor cameras on the lead and/or following vehicles), specifications of the vehicles such as horsepower, acceleration capabilities, length of the vehicle and distance to the traffic signal.” (¶0054) and that “can use the specifications of the vehicles when determining what speed and amount of time is needed for the lead vehicle and the following vehicles to traverse specific traffic obstacles such as traffic intersections, etc.” (¶0040).
It would have been obvious to one with ordinary skill in the art at the time of filing of the invention to have modified the cloud/server based control and navigation system for vehicles in a leading and trailing convoy of Panthri to incorporate the teachings of Rodriguez to include wherein the step of transmitting the vehicle identification number of the first vehicle to the cloud based server and receiving the first electronic data of the first vehicle from the cloud based server comprises: accessing a computer of the first vehicle; retrieving the vehicle identification number of the first vehicle from the computer; transmitting the vehicle identification number of the first vehicle to the cloud based server to look up the capability of the first vehicle; receiving the first electronic data from the cloud based server in order to provide a leading and following vehicle control system wherein “additional data can be leveraged to account for obstacles in the path of the following vehicles, such as other vehicles, whether the following vehicles can pass the obstacles by moving lanes (assuming there are no vehicles in other lanes, which can be determined by sensor cameras on the lead and/or following vehicles), specifications of the vehicles such as horsepower, acceleration capabilities, length of the vehicle and distance to the traffic signal.” (¶0054) and that “can use the specifications of the vehicles when determining what speed and amount of time is needed for the lead vehicle and the following vehicles to traverse specific traffic obstacles such as traffic intersections, etc.” (¶0040).
Regarding Claim 7, Panthri further discloses: wherein the step of receiving the second electronic data comprises receiving the second electronic data via a wireless direct communication with a receiver on the first vehicle from a transmitter on the leading vehicle (Fig. 1, communication system 180; ¶0026 various wireless direct communication standards may be utilized to perform communication to/from each vehicle in the convoy. See also ¶0036; “the convoy vehicles may share such information via the respective communication systems 180 of the vehicles”))
Regarding Claim 8, Panthri further discloses: wherein the step of receiving the second electronic data comprises receiving electronic roadway condition data ¶0092; “maps of one or more geographic areas. In some instances, the map data 116 can include information about roads (e.g., lane and/or road maps), traffic control devices, road markings, structures, features, and/or landmarks in the one or more geographic areas”; “map(s) 117 can include information about the ground, terrain, roads, surfaces, and/or other features of one or more geographic areas. The terrain map(s) 117 can include elevation data in the one or more geographic areas. In one or more arrangements, the map data 116 includes one or more static obstacle maps 118. The static obstacle map(s) 118 can include information about one or more static obstacles located within one or more geographic areas. A “static obstacle” is a physical object whose position and general attributes do not substantially change over a period of time. Examples of static obstacles include trees, buildings, curbs, fences, and so on” ¶0093) over a wireless network from a cloud based server (¶0025-0026, ‘cloud-based service’ and ‘cloud-based server’)
Regarding Claim 9, Panthri further discloses: wherein the first electronic data is at least one of a suspension of the first vehicle (¶0054; following vehicle obstacle avoidance includes activating the steering system differently than the steering system of the leading vehicle), a ground clearance of the first vehicle (0017, ¶0019, ¶0038 “ground clearance”), and a braking capability (¶0038; “braking capabilities”) of the first vehicle
Regardring Claim 10, Panthri further discloses: wherein the second electronic data comprises a GPS location of the roadway condition and a characterization of the roadway condition being at least one of an object on a roadway (¶0105; “the automated driving module(s) 160 determines the location of obstacles or other environmental features including traffic signs, trees, shrubs, neighboring vehicles, pedestrians, etc.”), a dip on the roadway, and a pot hole on the roadway (¶0093; “The terrain map(s) 117 can include information about the ground, terrain, roads, surfaces, and/or other features of one or more geographic areas. The terrain map(s) 117 can include elevation data in the one or more geographic areas. In one or more arrangements, the map data 116 includes one or more static obstacle maps 118. The static obstacle map(s) 118 can include information about one or more static obstacles located within one or more geographic areas. A “static obstacle” is a physical object whose position and general attributes do not substantially change over a period of time. Examples of static obstacles include trees, buildings, curbs, fences, and so on.”; ¶0019; “ Obstacles may include potholes, other vehicles, pedestrians, rocks, boulders, etc.”)
Regarding Claim 11, Panthri further discloses wherein the comparing step includes comparing a ground clearance of the first vehicle and a ground clearance of the second vehicle to determine if the first vehicle can accommodate the roadway condition without a lane change (¶0019 and ¶0047; “the obstacle avoidance module 220 may identify a rock in the travel path of the vehicle that has a height of 12 inches. In this example, property data 255 for a lead vehicle may indicate that the lead vehicle has a ground clearance of 18 inches and can thus safely traverse over the rock. By comparison, property data 255 may indicate that the following vehicle has a ground clearance of 10 inches and should thus alter a travel path to avoid the obstacle”)
Regarding Claim 12, Panthri further discloses wherein the implementable action is display a lane change recommendation (¶0052; “the obstacle avoidance module 220 may transmit an obstacle avoidance guidance/recommendation to the relevant vehicle. For example, rather than simply noting the detected obstacle, the convoy management system 170 may transmit the guidance, which may be based on the properties of the vehicle and the physical properties of the obstacle, to the following vehicle, which may then be presented to a driver via, for example, audio output, visual output, or otherwise”) if the ground clearance of the first vehicle is equal to or less than the ground clearance of the leading vehicle and the lead vehicle changed lanes to traverse the remote roadway condition (¶0061; “Note that if an obstacle is detected, but no obstacle avoidance is triggered for any vehicle (e.g., for example, due to the obstacle being in a different lane than any vehicle in the convoy or smaller than the ground clearance of any vehicle in the convoy), the following mode of the convoy is maintained, and the following vehicle continues to follow the path of the lead vehicle.”. See also ¶0057, in the event that the leading and following vehicle have similar or the same dimensions and/or capabilities then for example, if the leading vehicle ground clearance is insufficient to clear the obstacle then altering course (lane change) may be necessary and the following vehicle would similarly alter course.)
Regarding Claim 13, Panthri further discloses wherein the step of transmitting the one or more implementable actions step comprises sending an electronic signal to the computer system of the first vehicle (¶0054; “the obstacle avoidance commands transmitted to the following vehicle…”)
Conclusion
This action is a final rejection and closes the prosecution of this application. Applicant’s reply under 37 CFR 1.113 to this action is limited to an appeal to the Patent Trial and Appeal Board, an amendment complying with the requirements set forth below, or a request for continued examination (RCE) to reopen prosecution where permitted. Please note that the Office also offers initiatives that are available to applicants after the close of prosecution. See https://www.uspto.gov/patents/initiatives/uspto-patent-applications-iniatives-timeline for more information.
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The application will become abandoned unless a Notice of Appeal, an after final reply that places the application in condition for allowance, or an RCE has been filed properly within the period for reply, or any extension of this period obtained under either 37 CFR 1.136(a) or (b).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kolhouse et al. (U.S. 2016/0054736A1) discloses “An apparatus includes a logistics manager that includes a processor. The logistics manager is communicably coupled to at least one of a first wireless communication module onboard a first vehicle and a second wireless communication module onboard a second vehicle. The logistics manager is configured to: receive, via the first wireless communication module, first data regarding the first vehicle, where the first data is provided by a first sensor module onboard the first vehicle; receive, via the second wireless communication module, second data regarding the second vehicle, where the second data is provided by a second sensor module onboard the second vehicle; and provide navigational commands to at least one of the first vehicle and the second vehicle based on a cost and benefit analysis in response to at least one the first data and the second data.” (Abstract; Fig. 1)
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/BRIAN R KIRBY/Examiner, Art Unit 3747
/LINDSAY M LOW/Supervisory Patent Examiner, Art Unit 3747
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