DETAILED ACTION
This office action is in response to the initial filing dated August 13, 2024.
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 Status
Claims 1-20 are currently pending.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on June 2, 2022. It is noted, however, that applicant has not filed a certified copy of the 202210621001.2 application as required by 37 CFR 1.55. A notice was mailed on October 10, 2024 indicating that the attempt to retrieve the priority document failed.
Claim Interpretation
According to the Superguide decision, claim language of “at least one of x, y, and z” is given its plain meaning interpretation of “at least one of x, at least one of y, and at least one of z” unless defined differently in the specification. This interpretation applies to the limitations of claims 3, 5, 7, 9, 17, and 19.
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.
Claim 9 is 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.
Claim 9 recites the limitation "the data sheet exchange manner of frame encapsulation" in 2, “the frame start” in line 3, and “the frame end” in line 4. There is insufficient antecedent basis for these limitations in the claim. It is not clear if claim 9 should depend from claim 5 which recites the cited limitations or if claim 9 should remain dependent from claim 1 and these limitations should be properly introduced as “a data sheet exchange manner of frame encapsulation”, “a frame start”, and “a frame end”.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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 1-2, 4, 7-9, 10-16, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Himmelstein (US PG Pub #2004/0067752) in view of Cross (US PG Pub #2012/0326890).
As to claim 1, Himmelstein teaches a traffic control method, performed by a first road side unit of a first intersection (Paragraphs [0064] and [0073] teach procedures for processing communication packets; Paragraph [0085] teaches a fixed unit at an intersection providing traffic control warnings), the method comprising:
generating a first signal priority packet (Paragraph [0034] teaches a stream of communication packets; Paragraph [0056] teaches building each communication packet; Paragraph [0044] teaches a priority field of the packet), the first signal comprising N priority signals, N being a positive integer greater than or equal to 1, and when N is greater than 1, the N priority signals being configured to indicate a same type of vehicles at different entrances of the first intersection, different types of vehicles in different entrance directions of the first intersection, or different types of vehicles at a same entrance of the first intersection, or a same type of vehicles at a same entrance of the first intersection (Paragraphs [0050] and [0053] teach the fields include position and direction; Paragraph [0063] teach fields including vehicle make and model; Paragraph [0044] teaches the priority field represents a type of communication, for example to distinguish between law enforcement and advertisements; Paragraph [0085] teaches indicating law enforcement officials are in a pursuit of a vehicle);
transmitting the first signal priority packet (Paragraph [0056] teaches forwarding the packet to the transceiver for transmission); and
receiving a first signal priority response packet returned for the first signal priority request packet, the first signal priority response packet comprising N signal priority responses respectively for the N signal priority requests, and the N signal priority responses comprising information (Paragraph [0057] teaches the base station controller confirms receipt of the signal to the sender via packets).
Himmelstein does not explicitly teach the signal packets are priority request packets and that the response packet information is configured to indicate a first road traffic signal control machine of the first intersection to control a traffic management and control device of the first intersection.
In the field of traffic communication systems, Cross teaches the signal packets are priority request packets (Paragraph [0020] teaches a method for requesting modification of traffic flow control systems; Paragraph [0051] teaches a priority detector unit outputs an emergency vehicle priority call to modify the functioning and operation of the signal controller; Paragraph [0065] teaches the emergency vehicle priority allows an emergency vehicle to be given a different priority than a mass transit or other vehicle) and that the response packet information is configured to indicate a first road traffic signal control machine of the first intersection to control a traffic management and control device of the first intersection (Paragraph [0054] teaches using a central server for centralized control of a number of traffic signals; Paragraph [0079] teaches sending phase signals from the remote traffic control center to the respective priority detectors and then to the signal controllers). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the communication method of Himmelstein with the priority requests of Cross because this allows different vehicles to have different priorities while using the same system to simplify signal transmission and better integrate different options (Paragraph [0065]).
As to claim 2, depending from the method according to claim 1, Himmelstein teaches wherein each signal priority request comprises entrance information (Paragraphs [0050] and [0053] teach fields including position and direction) and request priority manner information of the first intersection (Paragraph [0050] teaches a destination field; Paragraph [0044] teaches a priority field).
As to claim 4, depending from the method according to claim 1, Himmelstein teaches wherein the first signal priority request packet further comprises an object identifier of the first signal priority request packet; and
the object identifier is configured to indicate that the first signal priority request packet is configured to describe the signal priority request reported by a vehicle (Paragraph [0051] teaches an identification number representing the mobile unit including a vehicle code; Paragraph [0063] teaches fields including vehicle make and model and other identifying information).
As to claim 7, depending from the method according to claim 1, Himmelstein teaches wherein each signal priority response (Paragraph [0057] teaches a confirmation packet) comprises priority response information (Paragraph [0057] teaches a confirmation packet), but does not explicitly teach the response comprises at least one of the entrance information, priority response type information, and priority duration information at the first intersection.
However, Himmelstein does teach packets comprising at least one of the entrance information (Paragraphs [0050] and [0053] teach position and direction information), priority response information, priority response type information (Paragraph [0057] teaches a confirmation packet; Paragraph [0048] teaches a communication type field), and priority duration information at the first intersection (Paragraph [0071] teaches calculating a duration of potential conversation). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of Himmelstein to include the claimed data in the response packet because this ensures reliable operation for public safety applications (Paragraph [0085]).
As to claim 8, depending from the method according to claim 1, Himmelstein does not explicitly teach wherein the first signal priority response packet further comprises an object identifier of the first signal priority response packet; and
the object identifier is configured to indicate that the first signal priority response packet is configured to describe a response of the first road traffic signal control machine to the first signal priority request packet.
However, Himmelstein does teach packets comprising an object identifier of the first signal priority response packet; and
the object identifier is configured to indicate that the first signal priority response packet is configured to describe a response of the first road traffic signal control machine to the first signal priority request packet (Paragraph [0051] teaches an identification number providing a unique identification for the sending unit). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the confirmation packet of Himmelstein to include the claimed data in the response packet because this ensures reliable operation for public safety applications (Paragraph [0085]).
As to claim 10, depending from the method according to claim 1, Himmelstein teaches wherein the first signal priority request packet further comprises the operation type information of the signal priority request (Paragraphs [0036] and [0048] teach a communication type field identifying information for output to the user or information as a control instruction).
As to claim 11, depending from the method according to claim 1, Himmelstein teaches wherein the first signal priority request packet further comprises information about a request packet length and/or signal priority request quantity information of the first signal priority request packet (Paragraphs [0036] and [0049] teach a communication length field).
As to claim 12, depending from the method according to claim 1, Himmelstein does not explicitly teach wherein the first signal priority response packet further comprises the operation type information of the signal priority response.
However, Himmelstein does teach packets further comprising the operation type information of the signal priority response (Paragraphs [0036] and [0048] teach a communication type field identifying information for output to the user or information as a control instruction). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the confirmation packet of Himmelstein to include the claimed data in the response packet because this ensures reliable operation for public safety applications (Paragraph [0085]).
As to claim 13, depending from the method according to claim 1, Himmelstein does not explicitly teach wherein the first signal priority response packet further comprises information about a response message length and/or signal priority response quantity information of the first signal priority response packet.
However, Himmelstein does teach wherein packets further comprise information about a response message length and/or signal priority response quantity information of the first signal priority response packet (Paragraphs [0036] and [0049] teach a communication length field). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the confirmation packet of Himmelstein to include the claimed data in the response packet because this ensures reliable operation for public safety applications (Paragraph [0085]).
As to claim 14, depending from the method according to claim 1, Himmelstein teaches wherein the method further comprises:
receiving a signal priority request transmitted by at least one vehicle (Paragraph [0064] teaches determining if an incoming packet is a broadcast and if the addresses match; Paragraphs [0026]-[0027] and [0034] teach communication between mobile units where the mobile units may be fixed or mobile; Paragraph [0085] teaches fixed units at intersections);
wherein generating the first signal priority request packet comprises:
determining the first signal priority request packet based on the signal priority request transmitted by the at least one vehicle (Paragraphs [0064]-[0065] teach processing packets based on packet priority; Paragraph [0056] teaches building communication packets).
As to claim 15, Himmelstein teaches a traffic control apparatus, deployed on a first road side unit of a first intersection, the apparatus (Paragraph [0085] teaches a fixed unit at an intersection) comprising:
a memory storing a plurality of instructions (Paragraph [0026] teaches the fixed unit is a remote unit; Paragraph [0028] teaches a microprocessor with associated memory); and
a processor configured to execute the plurality of instructions, and upon execution of the plurality of instructions (Paragraph [0028] teaches a microprocessor with associated memory; Paragraph [0008] teaches the microprocessor carries out overall control of the system; Paragraph [0031] teaches the microprocessor provides central control of the unit), is configured to:
generate a first signal priority packet (Paragraph [0034] teaches a stream of communication packets; Paragraph [0056] teaches building each communication packet; Paragraph [0044] teaches a priority field of the packet), the first signal comprising N priority signals, N being a positive integer greater than or equal to 1, and when N is greater than 1, the N priority signals being configured to indicate a same type of vehicles at different entrances of the first intersection, different types of vehicles in different entrance directions of the first intersection, or different types of vehicles at a same entrance of the first intersection, or a same type of vehicles at a same entrance of the first intersection (Paragraphs [0050] and [0053] teach the fields include position and direction; Paragraph [0063] teach fields including vehicle make and model; Paragraph [0044] teaches the priority field represents a type of communication, for example to distinguish between law enforcement and advertisements; Paragraph [0085] teaches indicating law enforcement officials are in a pursuit of a vehicle);
transmit the first signal priority packet (Paragraph [0056] teaches forwarding the packet to the transceiver for transmission); and
receive a first signal priority response packet returned for the first signal priority request packet, the first signal priority response packet comprising N signal priority responses respectively for the N signal priority requests, and the N signal priority responses comprising information (Paragraph [0057] teaches the base station controller confirms receipt of the signal to the sender via packets).
Himmelstein does not explicitly teach the signal packets are priority request packets and that the response packet information is configured to indicate a first road traffic signal control machine of the first intersection to control a traffic management and control device of the first intersection.
In the field of traffic communication systems, Cross teaches the signal packets are priority request packets (Paragraph [0020] teaches a method for requesting modification of traffic flow control systems; Paragraph [0051] teaches a priority detector unit outputs an emergency vehicle priority call to modify the functioning and operation of the signal controller; Paragraph [0065] teaches the emergency vehicle priority allows an emergency vehicle to be given a different priority than a mass transit or other vehicle) and that the response packet information is configured to indicate a first road traffic signal control machine of the first intersection to control a traffic management and control device of the first intersection (Paragraph [0054] teaches using a central server for centralized control of a number of traffic signals; Paragraph [0079] teaches sending phase signals from the remote traffic control center to the respective priority detectors and then to the signal controllers). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the communication method of Himmelstein with the priority requests of Cross because this allows different vehicles to have different priorities while using the same system to simplify signal transmission and better integrate different options (Paragraph [0065]).
As to claim 16, depending from the apparatus according to claim 15, Himmelstein teaches wherein each signal priority request comprises entrance information (Paragraphs [0050] and [0053] teach fields including position and direction) and request priority manner information of the first intersection (Paragraph [0050] teaches a destination field; Paragraph [0044] teaches a priority field).
As to claim 18, depending from the apparatus according to claim 15, Himmelstein teaches wherein the first signal priority request packet further comprises an object identifier of the first signal priority request packet; and
the object identifier is configured to indicate that the first signal priority request packet is configured to describe the signal priority request reported by a vehicle (Paragraph [0051] teaches an identification number representing the mobile unit including a vehicle code; Paragraph [0063] teaches fields including vehicle make and model and other identifying information).
As to claim 20, Himmelstein teaches a non-transitory computer readable storage medium storing a plurality of instructions executable by a processor (Paragraph [0026] teaches the fixed unit is a remote unit; Paragraph [0028] teaches a microprocessor with associated memory), and upon execution by the processor, is configured to cause the processor (Paragraph [0028] teaches a microprocessor with associated memory; Paragraph [0008] teaches the microprocessor carries out overall control of the system; Paragraph [0031] teaches the microprocessor provides central control of the unit) to:
generate a first signal priority packet (Paragraph [0034] teaches a stream of communication packets; Paragraph [0056] teaches building each communication packet; Paragraph [0044] teaches a priority field of the packet), the first signal comprising N priority signals, N being a positive integer greater than or equal to 1, and when N is greater than 1, the N priority signals being configured to indicate a same type of vehicles at different entrances of the first intersection, different types of vehicles in different entrance directions of the first intersection, or different types of vehicles at a same entrance of the first intersection, or a same type of vehicles at a same entrance of the first intersection (Paragraphs [0050] and [0053] teach the fields include position and direction; Paragraph [0063] teach fields including vehicle make and model; Paragraph [0044] teaches the priority field represents a type of communication, for example to distinguish between law enforcement and advertisements; Paragraph [0085] teaches indicating law enforcement officials are in a pursuit of a vehicle);
transmit the first signal priority packet (Paragraph [0056] teaches forwarding the packet to the transceiver for transmission); and
receive a first signal priority response packet returned for the first signal priority request packet, the first signal priority response packet comprising N signal priority responses respectively for the N signal priority requests, and the N signal priority responses comprising information (Paragraph [0057] teaches the base station controller confirms receipt of the signal to the sender via packets).
Himmelstein does not explicitly teach the signal packets are priority request packets and that the response packet information is configured to indicate a first road traffic signal control machine of the first intersection to control a traffic management and control device of the first intersection.
In the field of traffic communication systems, Cross teaches the signal packets are priority request packets (Paragraph [0020] teaches a method for requesting modification of traffic flow control systems; Paragraph [0051] teaches a priority detector unit outputs an emergency vehicle priority call to modify the functioning and operation of the signal controller; Paragraph [0065] teaches the emergency vehicle priority allows an emergency vehicle to be given a different priority than a mass transit or other vehicle) and that the response packet information is configured to indicate a first road traffic signal control machine of the first intersection to control a traffic management and control device of the first intersection (Paragraph [0054] teaches using a central server for centralized control of a number of traffic signals; Paragraph [0079] teaches sending phase signals from the remote traffic control center to the respective priority detectors and then to the signal controllers). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the communication method of Himmelstein with the priority requests of Cross because this allows different vehicles to have different priorities while using the same system to simplify signal transmission and better integrate different options (Paragraph [0065]).
Claims 3 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Himmelstein (US PG Pub #2004/0067752) in view of Cross (US PG Pub #2012/0326890) as applied to claims 1 and 15 above, and further in view of Tonguz et al. (Tonguz; US PG Pub #2014/0278029).
As to claim 3, depending from the method according to claim 1, Himmelstein teaches wherein each signal priority request further comprises at least one of request priority level information (Paragraph [0044]), request priority duration information (Paragraph [0071] teaches a duration of potential conversation based on the speed and direction of vehicles), vehicle type information (Paragraph [0063] teaches vehicle make and model), and vehicle location information (Paragraphs [0050] and [0053] teach vehicle position), but does not explicitly teach the requests comprising information about a distance between a vehicle and the first intersection, information about estimated arrival time at which a vehicle arrives at the first intersection, and information about a quantity of passengers on a vehicle.
In the field of traffic communication systems, Cross teaches the requests comprising information about a distance between a vehicle and the first intersection (Paragraph [0057] teaches a vehicle’s time-distance to an intersection; Paragraph [0060] teaches a distance to the intersection), information about estimated arrival time at which a vehicle arrives at the first intersection (Paragraph [0057] teaches an ETA to an intersection; Paragraph [0060] teaches an ETA to an intersection). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Himmelstein with the data of Cross because the use of location and estimated arrival times at signal lights allows vehicles to maintain a fixed schedule with minimal interruption to other grid traffic (Paragraph [0034]). Himmelstein in view of Cross does not render obvious the request comprise information about a quantity of passengers on a vehicle.
In the field of managing vehicle priority, Tonguz teaches the request comprise information about a quantity of passengers on a vehicle (Paragraph [0052] teaches priority assignment as a function of a number of passengers). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Himmelstein with the data of Tonguz because Tonguz recognizes both simple and complex schemes for assigning priority are effective (Paragraph [0052]).
As to claim 17, depending from the apparatus according to claim 15, Himmelstein teaches wherein each signal priority request further comprises at least one of request priority level information (Paragraph [0044]), request priority duration information (Paragraph [0071] teaches a duration of potential conversation based on the speed and direction of vehicles), vehicle type information (Paragraph [0063] teaches vehicle make and model), and vehicle location information (Paragraphs [0050] and [0053] teach vehicle position), but does not explicitly teach the requests comprising information about a distance between a vehicle and the first intersection, information about estimated arrival time at which a vehicle arrives at the first intersection, and information about a quantity of passengers on a vehicle.
In the field of traffic communication systems, Cross teaches the requests comprising information about a distance between a vehicle and the first intersection (Paragraph [0057] teaches a vehicle’s time-distance to an intersection; Paragraph [0060] teaches a distance to the intersection), information about estimated arrival time at which a vehicle arrives at the first intersection (Paragraph [0057] teaches an ETA to an intersection; Paragraph [0060] teaches an ETA to an intersection). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Himmelstein with the data of Cross because the use of location and estimated arrival times at signal lights allows vehicles to maintain a fixed schedule with minimal interruption to other grid traffic (Paragraph [0034]). Himmelstein in view of Cross does not render obvious the request comprise information about a quantity of passengers on a vehicle.
In the field of managing vehicle priority, Tonguz teaches the request comprise information about a quantity of passengers on a vehicle (Paragraph [0052] teaches priority assignment as a function of a number of passengers). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Himmelstein with the data of Tonguz because Tonguz recognizes both simple and complex schemes for assigning priority are effective (Paragraph [0052]).
Allowable Subject Matter
Claims 5-6 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Dependent claims 5-6, 9, and 19 recite a combination of elements that the prior art of record does not teach, suggest, or render obvious. Specifically, the claimed data sheet exchange manner of information frame encapsulation where the first data sheet comprises at least one of a first link code, a first transmitter identifier, a first receiver identifier, a first timestamp, a first survival time, a first protocol version, operation type information of a signal priority request, the object identifier of the first signal priority request packet, a first signature tag, first reserved information, first message content, and a first signature certificate, as interpreted under the Superguide decision to include at least one of all of those data types.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Han et al. (US PG Pub #2015/0089236) teach a frame data format with start of frame and end of frame (Paragraph [0047]) and a cyclic redundancy check (Paragraph [0049]).
Eichhorst (US PG Pub #2011/0169661) teaches an intersection preempting arrangement disposed at an intersection to receive a request from a vehicle (Paragraph [0024]) where the request is a packet with location data and a priority code (Paragraph [0011]).
Tarkiainen et al. (US PG Pub #2020/0064140) teach a roadside unit receives priority requests and transmits priority timing (Paragraph [0049]).
Bachelder et al. (US PG Pub #2005/0104745) teach an emergency vehicle preemption system where an intersection control module receives vehicle data such as a position, heading, navigation, and priority code to determine if a vehicle is inbound or outbound of an intersection and assign priority (Paragraphs [0059]-[0062]).
Curry et al. (US PG Pub #2014/0125498) teach a transit signal priority system comprising a request server positioned proximate to an intersection signal controller at a traffic intersection to provide a link between incoming messages from mass transit vehicles and the intersection controller so that the approaching mass transit vehicle affects traffic signal operation where a priority request is within an incoming message (Paragraph [0011]).
Vassilovski et al. (US PG Pub #2020/0339124) teach a roadside unit receives location, status, and capability information from a vehicle to coordinate and direct traffic flow with a server (Paragraph [0095]).
Ellis (US PG Pub #2002/0126022) teaches preempting a traffic signal based on the kind of emergency vehicle, a priority, and an alert message (Paragraphs [0179] and [0230]) where each vehicle has a priority code and the go-ahead goes to the highest priority vehicle (Paragraph [0180]).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN W SHERWIN whose telephone number is (571)270-7269. The examiner can normally be reached M-F, 7:00-8:00, 9:00-3:00 and 4:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached at 571.270.1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN W SHERWIN/ Primary Examiner, Art Unit 2688