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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/17/25 and 8/6/24 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claims 1-9 and 13-15 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) an information processing system, an information processing apparatus, an information processing method, and a computer-readable non-transitory storage medium storing a program for causing a computer to function as an information processing apparatus for obtaining distance information and quality information, deciding an algorithm for determining a radio channel environment, and determining the radio channel environment using the obtained information, which amounts to a mental process that could be performed in the human mind. This judicial exception is not integrated into a practical application because the additionally recited elements (e.g. a first wireless communication apparatus, a second wireless communication apparatus) do not add a meaningful limitation to the abstract idea as they amount to a further description of the distance information gathered (data gathering) in the claimed obtaining step. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claimed decision process of deciding an algorithm and the claimed determination process of determining the radio channel environment are described in the specification (on pages 23-24) as a comparison between a threshold value and the obtained quality information, which falls under concepts that may be performed in the human mind (including an observation, evaluation, judgement, or opinion). Please see MPEP 2106.04(a)(2) III, C.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (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 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.
Claim(s) 1-5 and 8-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (U.S. 2017/0026862). Li teaches all of the limitations of the specified claims with the reasoning that follows.
Regarding claim 1, “an information processing system comprising at least one processor, the at least one processor carrying out: an obtaining process of obtaining distance information that indicates a distance between a first wireless communication apparatus and a second wireless communication apparatus that directly perform communication with each other through a radio channel, and quality information that is information associated with quality of the communication” is anticipated by the wireless communication system (information processing system) shown in Figure 3, where an attenuation-amount/distance acquisition unit 101a of a wireless communication control device 100a (processor) acquires physical distance L (distance information) between the wireless communicators 10 and 11 (first and second wireless communication apparatus) and present attenuation amount A (quality information) that is occurring between the wireless communicators 10 and 11 (direct communication through radio channel) at predetermined regular time intervals as shown in step S301 of Figure 4 and spoken of on page 3, paragraph [0037].
“A decision process of deciding an algorithm for determining an environment of the radio channel with reference to the distance information” is anticipated by the control unit 104 of the wireless communication control device 100a (processor) that uses (with reference to) the present attenuation amount A and the physical distance L to calculate an attenuation factor γR as well as a present rain rate R via the equation γR = A/L = kRα (algorithm for determining environment) as shown in step S302 of Figure 4 and spoken of on page 3, paragraph [0038].
Lastly, “a determination process of determining the environment of the radio channel by using the quality information and the algorithm decided in the decision process” is anticipated by the control unit 104 of the wireless communication control device 100a (processor) that compares the calculated rain rate R and a predetermined threshold value (using the quality information and algorithm), and distinguishes whether precipitation is occurring or not (determining the radio channel environment) as shown in step S303, S304 of Figure 4 and spoken of on page 3, paragraph [0039].
Regarding claim 2, “wherein in the decision process, the at least one processor decides, with reference to the distance information, a threshold that is included in the algorithm and is for use in comparison with the quality information” is anticipated by the control unit 104 of the wireless communication control device 100a (processor) that compares the calculated rain rate R and a predetermined threshold value (using the quality information and algorithm), and distinguishes whether precipitation is occurring or not (determining the radio channel environment) as shown in step S303, S304 of Figure 4 and spoken of on page 3, paragraph [0039].
Regarding claim 3, “wherein the quality information includes a received signal strength of a signal transmitted from one of the first wireless communication apparatus and the second wireless communication apparatus and received by the other, and in the decision means process, the at least one processor decides a threshold that is included in the algorithm and is for use in comparison with the received signal strength such that the threshold negatively correlates with the distance indicated by the distance information” is anticipated by the attenuation amount A (quality information) that is calculated from a transmission power value notified from the transmitting end and a measured value of received power (received signal strength) at the receiving end as spoken of on page 2, paragraph [0031]; and where the control unit 104 of the wireless communication control device 100a (processor) that compares the calculated rain rate R and a predetermined threshold value (using the quality information and algorithm), and distinguishes whether precipitation is occurring or not (determining the radio channel environment) based on whether or not the rain rate R exceeds the threshold value (correlation with distance) as shown in step S303, S304 of Figure 4 and spoken of on page 3, paragraph [0039].
Regarding claim 4, “wherein the quality information includes at least one selected from the group consisting of an amount of attenuation, a rate of packet loss, and an amount of delay of a signal transmitted from one of the first wireless communication apparatus and the second wireless communication apparatus and received by the other, and in the decision means process, the at least one processor decides a threshold that is included in the algorithm and is for use in comparison with the at least one selected from the group consisting of the amount of attenuation, the rate of packet loss, and the amount of delay, such that the threshold positively correlates with the distance indicated by the distance information” is anticipated by the attenuation amount A (quality information) that is calculated from a transmission power value notified from the transmitting end and a measured value of received power (received signal strength) at the receiving end as spoken of on page 2, paragraph [0031]; and where the control unit 104 of the wireless communication control device 100a (processor) that compares the calculated rain rate R and a predetermined threshold value (using the quality information and algorithm), and distinguishes whether precipitation is occurring or not (determining the radio channel environment) based on whether or not the rain rate R exceeds the threshold value (correlation with distance) as shown in step S303, S304 of Figure 4 and spoken of on page 3, paragraph [0039].
Regarding claim 5, “wherein in the determination process, the at least one processor infers an environmental factor that makes a difference between a value indicated by the quality information and the threshold, as the environment of the radio channel” is anticipated by the control unit 104 of the wireless communication control device 100a (processor) that compares the calculated rain rate R (value indicated by the quality information) and a predetermined threshold value (using the quality information and algorithm), and distinguishes whether precipitation is occurring or not (determining the radio channel environment) based on whether or not the rain rate R exceeds (difference between) the threshold value as shown in step S303, S304 of Figure 4 and spoken of on page 3, paragraph [0039].
Regarding claim 8, “wherein in the obtaining process, the at least one processor further obtains position information of one or both of the first wireless communication apparatus and the second wireless communication apparatus, and in the decision process, the at least one processor decides the algorithm with further reference to the position information” is anticipated by the attenuation-amount/distance acquisition unit 101a of the wireless communication control device 100a (processor) that acquires current geographical location information (position information) of the wireless communicators 10 and 11 (first and second wireless communication apparatus); and where the control unit 104 calculates the current physical distance L between the wireless communicators 10 and 11 from (with further reference to) the respective pieces of geographical location information of the wireless communicators, and calculates the current rain rate R using the equation γR = A/L = kRα (decided algorithm) as shown in step S401 of Figure 6 and spoken of on page 4, paragraphs [0044] and [0045].
Regarding claim 9, “wherein in the obtaining process, the at least one processor further obtains external information, and in the decision process, the at least one processor decides the algorithm with further reference to the external information” is anticipated by the attenuation amount A (quality information) that may be calculated from a transmission power value notified from the transmitting end and a measured value of received power at the receiving end; and when a transmission power value of the transmitting end cannot be obtained, it is also possible to perform presumption using a received-power reference value (external information) as spoken of on page 3, paragraph [0037]; and where the control unit 104 calculates the current rain rate R using the equation γR = A/L = kRα (decided algorithm) as spoken of on page 4, paragraph [0045].
Regarding claim 10, “the at least one processor further carrying out a notification process of notifying the first wireless communication apparatus and the second wireless communication apparatus of a monitoring target, wherein each of the first wireless communication apparatus and the second wireless communication apparatus comprises a moving mechanism that moves the wireless communication apparatus to which the moving mechanism is provided, such that the radio channel includes at least part of the monitoring target notified in the notification process” is anticipated by the control unit 104 that determines whether the current pieces of location information of the wireless communicators 10 and 11 have been changed or not from those of the previous acquisition time, and when a position change is detected (via moving mechanism), the attenuation-amount/rainfall-amount estimation unit 103a extracts a change in an attenuation amount and estimates attenuation amount Ae and rain rate Re at a time point of next acquisition (monitoring target); where the control unit transmits (notifying) the estimated attenuation amount Ae to the other wireless communication devices as spoken of on page 4, paragraph [0046] as well as page 5, paragraph [0051].
Regarding claim 11, “wherein in the notification process, the at least one processor notifies a monitored path as the monitoring target, and the moving mechanism moves the wireless communication apparatus to a position on the monitored path” is anticipated by the control unit 104 that determines whether the current pieces of location information of the wireless communicators 10 and 11 have been changed or not from those of the previous acquisition time, and when a position change (on a monitored path) is detected (via moving mechanism), the attenuation-amount/rainfall-amount estimation unit 103a extracts a change in an attenuation amount and estimates attenuation amount Ae and rain rate Re at a time point of next acquisition (monitoring target); where the control unit transmits (notifying) the estimated attenuation amount Ae to the other wireless communication devices as spoken of on page 4, paragraph [0046] as well as page 5, paragraph [0051].
Regarding claim 12, “wherein in the notification process, the at least one processor notifies a monitored area as the monitoring target, and the moving mechanism moves the wireless communication apparatus to a position on an outer periphery of the monitored area” is anticipated by the control unit 104 that determines whether the current pieces of location information of the wireless communicators 10 and 11 have been changed or not from those of the previous acquisition time, and when a position change (in a monitored area) is detected (via moving mechanism), the attenuation-amount/rainfall-amount estimation unit 103a extracts a change in an attenuation amount and estimates attenuation amount Ae and rain rate Re at a time point of next acquisition (monitoring target); where the control unit transmits (notifying) the estimated attenuation amount Ae to the other wireless communication devices as spoken of on page 4, paragraph [0046] as well as page 5, paragraph [0051].
Regarding claim 13, “an information processing apparatus comprising at least one processor, the at least one processor carrying out: an obtaining process of obtaining distance information that indicates a distance between a first wireless communication apparatus and a second wireless communication apparatus that directly perform communication with each other through a radio channel, and quality information that is information associated with quality of the communication” is anticipated by the wireless communication system (information processing apparatus) shown in Figure 3, where an attenuation-amount/distance acquisition unit 101a of a wireless communication control device 100a (processor) acquires physical distance L (distance information) between the wireless communicators 10 and 11 (first and second wireless communication apparatus) and present attenuation amount A (quality information) that is occurring between the wireless communicators 10 and 11 (direct communication through radio channel) at predetermined regular time intervals as shown in step S301 of Figure 4 and spoken of on page 3, paragraph [0037].
“A decision process of deciding an algorithm for determining an environment of the radio channel with reference to the distance information” is anticipated by the control unit 104 of the wireless communication control device 100a (processor) that uses (with reference to) the present attenuation amount A and the physical distance L to calculate an attenuation factor γR as well as a present rain rate R via the equation γR = A/L = kRα (algorithm for determining environment) as shown in step S302 of Figure 4 and spoken of on page 3, paragraph [0038].
Lastly, “a determination process of determining the environment of the radio channel by using the quality information and the algorithm decided in the decision process” is anticipated by the control unit 104 of the wireless communication control device 100a (processor) that compares the calculated rain rate R and a predetermined threshold value (using the quality information and algorithm), and distinguishes whether precipitation is occurring or not (determining the radio channel environment) as shown in step S303, S304 of Figure 4 and spoken of on page 3, paragraph [0039].
Regarding claim 14, “an information processing method comprising: obtaining distance information that indicates a distance between a first wireless communication apparatus and a second wireless communication apparatus that directly perform communication with each other through a radio channel, and quality information that is information associated with quality of the communication” is anticipated by the wireless communication system shown in Figure 3, where an attenuation-amount/distance acquisition unit 101a of a wireless communication control device 100a (processor) acquires physical distance L (distance information) between the wireless communicators 10 and 11 (first and second wireless communication apparatus) and present attenuation amount A (quality information) that is occurring between the wireless communicators 10 and 11 (direct communication through radio channel) at predetermined regular time intervals as shown in step S301 of Figure 4 and spoken of on page 3, paragraph [0037].
“Deciding an algorithm for determining an environment of the radio channel with reference to the distance information” is anticipated by the control unit 104 of the wireless communication control device 100a (processor) that uses (with reference to) the present attenuation amount A and the physical distance L to calculate an attenuation factor γR as well as a present rain rate R via the equation γR = A/L = kRα (algorithm for determining environment) as shown in step S302 of Figure 4 and spoken of on page 3, paragraph [0038].
Lastly, “determining the environment of the radio channel by using the quality information and the decided algorithm” is anticipated by the control unit 104 of the wireless communication control device 100a (processor) that compares the calculated rain rate R and a predetermined threshold value (using the quality information and algorithm), and distinguishes whether precipitation is occurring or not (determining the radio channel environment) as shown in step S303, S304 of Figure 4 and spoken of on page 3, paragraph [0039].
Regarding claim 15, “a computer-readable non-transitory storage medium storing a program for causing a computer to function as the information processing apparatus according to claim 1, the program causing the computer to carry out the obtaining process, the decision process, and the determination process” is anticipated by the performing of the functions of the attenuation-amount/distance acquisition unit 101a, the attenuation-amount/rainfall-amount estimation unit 103a, and the control unit 104 by executing a program stored in a storage device (medium) as spoken of on page 3, paragraph [0036].
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Miyaoka (U.S. 2021/0389448).
Regarding claims 6 and 7, Li teaches claim 1 as described above. While Li further teaches where radar data can be used to determine an attenuation amount A as spoken of on page 3, paragraph [0037], Li does not explicitly teach “in the obtaining process, the at least one processor further obtains a captured image obtained by an image capturing apparatus; and in the decision process, the at least one processor decides the algorithm with further reference to the captured image” or “wherein in the decision process, the at least one processor decides the algorithm with reference to at least the distance information when the decision means is unable to determine the environment of the radio channel based on the captured image”.
However, Miyaoka teaches a control device, method, and sensor control system utilizing radar where an imaging unit 7410 is used to capture images of the outside of a vehicle and receives image data obtained by the image capturing; where a vehicle external information detection unit 7400 performs an environment recognition process by recognizing rain, fog, road surface state based on received information; and where the vehicle external information detection unit calculates a distance to an object outside the vehicle based on the received information as spoken of on pages 10-11, paragraph [0189].
Given the above references, it would have been obvious to someone of ordinary skill in the art, before the effective filing date of the invention, to apply the image capture and recognition teachings of Miyaoka to the system of Li in order to provide a more reliable attenuation detection process by providing multiple ways to detect environmental factors such as rain/snow/fog as spoken of on page 3, paragraph [0039] of Li as well as pages 10-11, paragraph [0189] of Miyaoka.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. References considered relevant to this application are listed in the attached “Notice of References Cited” (PTO-892).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J. MOORE, JR., whose telephone number is (571)272-3168. The examiner can normally be reached M-F (9am-4pm).
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/MICHAEL J MOORE JR/Primary Examiner, Art Unit 2467
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