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 § 102
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.
Claims 1-4 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Collar (US 2015/0243170 A1).
As to claim 1, Collar discloses a roadside device set to be installed at an intersection where a traffic light is installed, the roadside device (Fig. 1) comprising: an imaging unit (sensors 116) configured to image a vehicle that enters the intersection; an input unit set to receive a state of the traffic light (Fig. 1, para. 0014-0015); and a wireless communication unit (para. 0016), wherein, when the traffic light for the vehicle is a red signal or is scheduled to switch to the red signal within a predetermined time, and a speed of the vehicle is equal to or greater than a predetermined threshold or the speed of the vehicle is increased (para. 0015); the wireless communication unit transmits information indicating that a runaway vehicle enters the intersection (para. 0016).
As to claim 2, Collar further discloses a control circuit (108), wherein, when the traffic light for the vehicle is the red signal or is scheduled to switch to the red signal within the predetermined time, and the speed of the vehicle is equal to or greater than the predetermined threshold or the speed of the vehicle is increased, the control circuit causes the wireless communication unit to transmit the information indicating that the runaway vehicle enters the intersection (para. 0016).
As to claim 3, Collar further discloses when the traffic light for the vehicle is the red signal or is scheduled to switch to the red signal within the predetermined time, and the speed of the vehicle is equal to or greater than the predetermined threshold or the speed of the vehicle is increased, the wireless communication unit transmits, by broadcasting, the information indicating that the runaway vehicle enters the intersection (para. 0016).
As to claim 4, Collar further discloses when the traffic light for the vehicle is the red signal or is scheduled to switch to the red signal within the predetermined time, and the speed of the vehicle is equal to or greater than the predetermined threshold or the speed of the vehicle is increased, the wireless communication unit transmits, to a mobile terminal, the information indicating that the runaway vehicle enters the intersection (para. 0016-0017).
As to claim 7, Collar further discloses when the traffic light for the vehicle is the red signal or is scheduled to switch to the red signal within the predetermined time, and the speed of the vehicle is equal to or greater than the predetermined threshold or the speed of the vehicle is increased, presence of the runaway vehicle is notified through a predetermined speaker (para. 0018).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 8-17 are rejected under 35 U.S.C. 103 as being unpatentable over Collar in view of Kim et al. (US 2022/0297699 A1).
As to claims 8-9, Collar does not explicitly disclose the wireless communication unit receives a vehicle speed from the vehicle, wherein the received vehicle speed is the speed of the vehicle. However, Kim teaches the wireless communication unit receives a vehicle speed from the vehicle, wherein the received vehicle speed is the speed of the vehicle (para. 000221. Therefore, given the teaching of Kim, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention, to have readily recognized the desirability and advantages of modifying the device of Collar, by employing the well-known or conventional features of receiving vehicle speed from vehicle instead of determine vehicle speed from processing images from camera.
As to claim 10, Kim further teaches wherein the wireless communication unit receives driver abnormality information transmitted from the vehicle when a state of a driver of the vehicle is abnormal (Fig. 31-33).
As to claim 11, Kim further teaches wherein the roadside device determines that the vehicle runs away when receiving the driver abnormality information.
As to claim 12, Collar further teaches the vehicle comprising: a wireless communication unit set to perform the wireless communication with the roadside device; and an alarm device, wherein the vehicle executes audio emission control on the alarm device when receiving the information indicating that the runaway vehicle enters the intersection through the wireless communication unit (para. 0006).
As to claim 13, Kim further teaches wherein the vehicle executes traveling deceleration control when receiving the information indicating that the runaway vehicle enters the intersection through the wireless communication unit (para. 0161).
As to claims 14 and 17, Kim further teaches a wireless communication unit configured to perform the wireless communication with the roadside device, wherein at least when a driver does not hold a steering wheel (para. 0162), the driver does not face forward (para 0158), and a body temperature of the driver is equal to or lower than a predetermined threshold, the vehicle transmits driver abnormality information through the wireless communication unit.
As to claim 15, Kim further teaches the control device executes audio emission (para. 0154, 0188-0190, 0372) control on an alarm device mounted on the vehicle when receiving the information indicating that the runaway vehicle enters the intersection through the wireless communication unit.
As to claim 16, Kim further teaches wherein the control device executes traveling deceleration control (para. 0161, 0179) on the vehicle when receiving the information indicating that the runaway vehicle enters the intersection through the wireless communication unit.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Collar in view of Breed (US 2008/0161987 A1).
As to claim 5, Collar does not explicitly disclose if it is determined that a guidance place is present, the wireless communication unit transmits information indicating the guidance place to the vehicle. However, Breed teaches when the traffic light for the vehicle is the red signal or is scheduled to switch to the red signal within the predetermined time, and the speed of the vehicle is equal to or greater than the predetermined threshold or the speed of the vehicle is increased, if it is determined that a guidance place is present, the wireless communication unit transmits information indicating the guidance place to the vehicle (para. 0558-0560, guide to safe location). Therefore, given the teaching of Breed, it would have been obvious to one skilled in the art before the effective filing date of the claimed invention, to have readily recognized the desirability and advantages of modifying the device of Collar, by employing the well-known or conventional features of guide vehicle to a safe location to prevent collision with other vehicles.
As to claim 6, Breed further when the traffic light for the vehicle is the red signal or is scheduled to switch to the red signal within the predetermined time, and the speed of the vehicle is equal to or greater than the predetermined threshold or the speed of the vehicle is increased, if it is determined that no guidance place is present, the wireless communication unit transmits information indicating a stop position to prevent the vehicle from running away to another vehicle different from the vehicle (para. 0558-0560, stop at a shoulder).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ce Li Li whose telephone number is (571)270-5564. The examiner can normally be reached M-F, 10AM-7PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter D Nolan can be reached at 571-270-7016. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CE LI . LI
Examiner
Art Unit 3661
/PETER D NOLAN/Supervisory Patent Examiner, Art Unit 3661