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 statement (IDS) submitted on 09/30/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner.
Claim Interpretation - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
Claim limitations of claims 1-4 have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder coupled with functional language: “a control unit configured to acquire”.
Because this claim limitation(s) is being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it is being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
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 1-5 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 pre-AIA the applicant regards as the invention.
Claims 1 and 5 recites, in relevant part: “when the total number is less than a predetermined threshold value, instruct either the second mobile bodies or the first mobile body to appoint a different mobile body as a third mobile body by transmitting the data block to the different mobile body through the device-to-device communication.”
This limitation is indefinite because the phrase “different mobile body” fails to clearly identify what the mobile body is different from. In particular, it is unclear whether the “different mobile body” is different from the first mobile body, the second mobile bodies, the existing third mobile bodies, mobile bodies already relaying the data block, or all mobile bodies within the predetermined area. Accordingly, the scope of the claimed mobile body that may be appointed as a third mobile body is unclear.
Claims 1 and 5 are further indefinite because the phrase: “instruct either the second mobile bodies or the first mobile body to appoint a different mobile body as a third mobile body by transmitting the data block to the different mobile body” does not clearly specify which entity performs the step of “transmitting the data block to the different mobile body.” It is unclear whether the transmitting is performed by the claimed control unit, by the first mobile body, by one of the second mobile bodies, or by all of the second mobile bodies. Additionally, because the claim recites “the second mobile bodies” in plural form, it is unclear whether the control unit instructs each second mobile body, at least one second mobile body, or some subset of the second mobile bodies.
For at least these reasons, claims 1 and 5 does not inform those skilled in the art about the scope of the invention with reasonable certainty and is indefinite under 35 U.S.C. § 112(b).
Claims 2-4 are also rejected by virtue of their dependency on claim 1.
Allowable Subject Matter
Claims 1-5 allowable over prior art but 112 rejection need to be overcome.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
The following prior art are cited to show a method, which is considered pertinent to the claimed invention:
Sawada et al (US Pat. Pub. No. 2019/0149598) directed toward determining number vehicles in the region.
Hirata et al (US Pat. Pub. No. 2018/0276990) directed toward density of vehicles in each area can be calculated.
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/LITON MIAH/Primary Examiner, Art Unit 2642
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