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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to abstract idea without significantly more. The claim(s) recites a method for traffic sampling in vehicular networks.
The claim(s) is directed to balancing detection probability and delay constraints, generating sample rates and selecting one set. This is fundamentally mathematical optimization in addition to probabilistic trade-off analysis.
The limitation(s) recites a trade-off parameter, detection success probability, outage probability, generating sample rates and selecting a set. There is no recited specific vehicular protocol, communication standard, hardware structure or improvements to network architecture. The “system”, “node”, “processor” are the recitation of generic computer components. Accordingly, the claim recites an abstract idea.
The judicial exception is not integrated into a practical application because the additional elements of the claim include generic computer components, such as a generic “system”, “node” and “processor” are conventional operating in the field of receiving and transmitting data. The claim(s) does not explain how the sampling improves vehicular networking technology, it only recites the balancing process. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because absent of the abstract idea, the remaining elements only detail receiving data, generating sampling rates and select one data set. These are conventional computing steps with no unconventional hardware or technical architecture recited. There is no inventive concept that transforms the abstract idea into patent-eligible subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Costa (US 12,156,296 B2)
Atad et al. (US 2018/0262466 A1)
Taylor (US 2016/0379486 A1)
Lotia et al. (US 11,627,147 B2)
CHOI et al. (US 2022/0394636 A1)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER B ROBINSON whose telephone number is (571)270-0702. The examiner can normally be reached M-F 7:00-3:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas R Taylor can be reached at 571-272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER B ROBINSON/ Primary Examiner, Art Unit 2443
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