DETAILED ACTION
This is the first office action regarding application number 18/915,851, filed October 15, 2024. This is a Non-Final Office Action on the merits, Claims 1-9 are currently pending and are addressed below.
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
Acknowledgement is made of applicants claim for foreign priority based on an Korean application filed on October 16, 2023.
Information Disclosure Statement
The information disclosure statements filed on 11/12/2025, 10/15/2024 are being considered by the examiner.
Claim Interpretation
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “GNSS position information data receiving data”, “(RTCM) position correction data receiving unit”, “a precision position data acquisition unit” in claims 1, “precision position data receiving unit” in claim 3, “distance measurement unit” in claim 4.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are 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.
Regarding “GNSS position information data receiving unit”, “(RTCM) position correction data receiving unit”, “a precision position data acquisition unit” in claims 1, “precision position data receiving unit” in claim 3, “distance measurement unit” in claim 4, Figure 1 shows the receiving units and precision unit being implement by a mobile device such as a phone. The specification further recites “the functional operation and the embodiments related to the present subject matter, which are described in the present specification, may be implemented in a digital electronic circuit … The embodiments of the subject matter described herein may be implemented as one or more computer program products, i.e., one or more modules related to computer program instructions encoded on a tangible program medium for execution by or for controlling the operation of a data processing device,” therefore the examiner is interpreting the receiving units, and acquisition unit, as being implemented by a processing circuit such as a CPU.
EXAMINERS NOTE: If the independent claims are amended to recite structure to perform the operations of the various units discussed above, such as processor and storage device, then the interpretation under 35 USC 112(f) would be rendered moot and withdrawn.
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 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Regarding claim 1,
Under Step 1:
Claim 1 is an apparatus claim comprising a information receiving units, acquisition unit, and a display unit. (thus the claims are to an apparatus Step 1: yes)
Under Step 2A - Prong 1:
Regarding Prong I of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the following groups of abstract ideas: a) mathematical concepts, b)certain methods of organizing human activity, and/or c) mental processes.
Independent Claim 1 includes limitations that recite an abstract idea (emphasized below) and will be used as a representative claim for the remainder of the 101 rejection. Claim 1 recites:
An apparatus for identifying a position of a moving object on the basis of the Global Navigation Satellite System (GNSS) and notifying of dangerous accidents, the apparatus comprising:
a GNSS position information data receiving unit configured to receive current position information data of a mobile device by receiving each GNSS position signal from a plurality of GNSS satellites;
a Radio Technical Commission for Maritime Services (RTCM) position correction data receiving unit configured to receive position correction data of the mobile device in the form of an RTCM stream through a Network Transport of RTCM via Internet Protocol (NTRIP), the position correction data being repeatedly generated by a plurality of reference stations for each GPS satellite;
a precision position data acquisition unit configured to acquire precision position data of the mobile device by applying the position correction data to the received current position information data; and
a diagram display unit configured to display the acquired precision position data of the mobile device, a position of another mobile device positioned within a predetermined range, a work section, and a danger area on a diagram that is pre-stored and activated on a screen of the mobile device.
The examiner submits that the foregoing bolded limitations constitute a “mental process” because as drafted, the limitations are processes that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components (i.e. the claim receiving units and acquisition unit). Specifically, but for the “a precision position data acquisition unit” language, “identifying a position of a moving object on the basis of the Global Navigation Satellite System (GNSS)
acquire precision position data of the mobile device by applying the position correction data to the received current position information data” in the context of this claim encompasses the user mentally or with a pen and paper using received information to identify the position of an object, and using further received correction information, applying the correction information. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Under Step 2A - Prong 2:
Regarding Prong II of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
In the present case, the additional limitations beyond the above-noted abstract idea area as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”):
An apparatus for identifying a position of a moving object on the basis of the Global Navigation Satellite System (GNSS) and notifying of dangerous accidents, the apparatus comprising:
a GNSS position information data receiving unit configured to receive current position information data of a mobile device by receiving each GNSS position signal from a plurality of GNSS satellites;
a Radio Technical Commission for Maritime Services (RTCM) position correction data receiving unit configured to receive position correction data of the mobile device in the form of an RTCM stream through a Network Transport of RTCM via Internet Protocol (NTRIP), the position correction data being repeatedly generated by a plurality of reference stations for each GPS satellite;
a precision position data acquisition unit configured to acquire precision position data of the mobile device by applying the position correction data to the received current position information data; and
a diagram display unit configured to display the acquired precision position data of the mobile device, a position of another mobile device positioned within a predetermined range, a work section, and a danger area on a diagram that is pre-stored and activated on a screen of the mobile device.
For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application.
Regarding the limitations of “notifying of dangerous accidents … receive current position information data of a mobile device by receiving each GNSS position signal from a plurality of GNSS satellites … receive position correction data of the mobile device in the form of an RTCM stream through a Network Transport of RTCM via Internet Protocol (NTRIP), the position correction data being repeatedly generated by a plurality of reference stations for each GPS satellite … display the acquired precision position data of the mobile device, a position of another mobile device positioned within a predetermined range, a work section, and a danger area on a diagram that is pre-stored and activated on a screen of the mobile device” the examiner submits that these limitations are insignificant extra-solution activities that merely use a computer (receiving unit … display unit) to perform the process. In particular, the receiving steps from the sensors and from the external source are recited at a high level of generality (i.e. as a general means of gathering position information and correction information for use in the applying step), and amounts to mere data gathering, which is a form of insignificant extra-solution activity. The notifying and displaying results step on the display unit is also recited at a high level of generality (i.e. as a general means of displaying data and regional information), and amounts to mere post solution displaying, which is a form of insignificant extra-solution activity. See MPEP 2106.05(g).
Regarding the additional limitations of “apparatus comprising … a GNSS position information data receiving unit … a Radio Technical Commission for Maritime Services (RTCM) position correction data receiving unit … a precision position data acquisition unit … a diagram display unit” the examiner submits that these limitations are an attempt to generally link additional elements to a technological environment. In particular, data receiving units are recited at a high level of generality and merely automates the data receiving steps, therefore acting as a generic computer to perform the abstract idea. The acquisition unit is claimed generically and is operating in its ordinary capacity and does not use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception. The additional limitation is no more than mere instructions to apply the exception using generic computer components (receiving unit … acquisition unit … display unit).
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Under Step 2B:
Regarding Step 2B of the Revised Guidance, representative independent claim 1 does not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of “apparatus comprising … a GNSS position information data receiving unit … a Radio Technical Commission for Maritime Services (RTCM) position correction data receiving unit … a precision position data acquisition unit … a diagram display unit” amounts to nothing more than mere instructions to apply the exception using a generic computer component and generically link the claim to a technological environment. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. And as discussed above, the additional limitations of “notifying of dangerous accidents … receive current position information data of a mobile device by receiving each GNSS position signal from a plurality of GNSS satellites … receive position correction data of the mobile device in the form of an RTCM stream through a Network Transport of RTCM via Internet Protocol (NTRIP), the position correction data being repeatedly generated by a plurality of reference stations for each GPS satellite … display the acquired precision position data of the mobile device, a position of another mobile device positioned within a predetermined range, a work section, and a danger area on a diagram that is pre-stored and activated on a screen of the mobile device” the examiner submits that these limitations are insignificant extra-solution activities. Hence, the claim is not patent eligible.
Therefore claim 1 is ineligible under 35 USC 101.
Regarding dependent claims 2-5
Under Step 1:
Claims 2-5 are to a method comprising the steps of “wherein the mobile device may be at least one of a terminal attached to a work vehicle and a terminal carried by a worker” (Claim 2), “further comprising a precision position data receiving unit configured to receive precision position data acquired from another mobile device in real time” (Claim 3), “measure a distance between the acquired precision position data of the mobile device and the position of another mobile device positioned within the predetermined range” (Claim 4) and “a danger notification providing unit configured to generate and output danger notification information” (Claim 5), (thus the claims are to an method, Step 1: yes).
Under Step 2A – Prong 1:
Claims 2-5 depend on claim 1 and recite the limitations of “wherein the mobile device may be at least one of a terminal attached to a work vehicle and a terminal carried by a worker” (Claim 2), “further comprising a precision position data receiving unit configured to receive precision position data acquired from another mobile device in real time” (Claim 3), “measure a distance between the acquired precision position data of the mobile device and the position of another mobile device positioned within the predetermined range” (Claim 4) and “a danger notification providing unit configured to generate and output danger notification information” (Claim 5), These claims recite an abstract idea which is directed to mental process.
Under Step 2A – Prong 2:
This judicial exception is not integrated into a practical application, the claims do not includes any additional elements that integrate the abstract idea into a practical application. Specifically, claim 2 only further defines the mental process step as the device being attached to a vehicle, claims 3 and 5 recite additional insignificant extra solution activity in the form of receiving additional data and generating a notification which is considered to be data output, claim 4 recites an additional mental process step of measuring.
Under Step 2B:
Step 2B, the claims 2-5 do not include any additional elements that are sufficient to amount to significantly more than the judicial exception for similar reasons as that discussed in Step 2A Prong Two.
The additional limitations recited in the dependent claims 2-5 fail to establish that the dependent claims are not directed to an abstract idea. The additional limitations of the dependent claims, when considered individually and in combination, do not amount to significantly more than the abstract idea. Accordingly, claims 2-5 are not patent eligible.
Regarding claim 6,
Under Step 1:
Claim 6 is an method claim comprising the steps of receiving, acquiring, and displaying. (thus the claims are to an method Step 1: yes)
Under Step 2A - Prong 1:
Regarding Prong I of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the following groups of abstract ideas: a) mathematical concepts, b)certain methods of organizing human activity, and/or c) mental processes.
Independent Claim 6 includes limitations that recite an abstract idea (emphasized below) and will be used as a representative claim for the remainder of the 101 rejection. Claim 6 recites:
A method for identifying a position of a moving object on the basis of the Global Navigation Satellite System (GNSS) and notifying of dangerous accidents, the method comprising:
receiving, by a GNSS position information data receiving unit, current position information data of a mobile device by receiving each GNSS position signal from a plurality of GNSS satellites;
receiving, by a Radio Technical Commission for Maritime Services (RTCM) position correction data receiving unit, position correction data of the mobile device in the form of an RTCM stream through a Network Transport of RTCM via Internet Protocol (NTRIP), the position correction data being repeatedly generated by a plurality of reference stations for each GPS satellite;
acquiring, by a precision position data acquisition unit, precision position data of the mobile device by applying the position correction data to the received current position information data; and
displaying, by a diagram display unit, the acquired precision position data of the mobile device, a position of another mobile device positioned within a predetermined range, a work section, and a danger area on a diagram that is pre-stored and activated on a screen of the mobile device.
The examiner submits that the foregoing bolded limitations constitute a “mental process” because as drafted, the limitations are processes that, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components (i.e. receiving unit … acquisition unit). Specifically, but for the “a precision position data acquisition unit” language, “identifying a position of a moving object on the basis of the Global Navigation Satellite System (GNSS) … acquiring … precision position data of the mobile device by applying the position correction data to the received current position information data” in the context of this claim encompasses the user mentally or with a pen and paper using received information to identify the position of an object, and using further received correction information, applying the correction information. If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components, then it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
Under Step 2A - Prong 2:
Regarding Prong II of the Step 2A analysis in the 2019 PEG, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract into a practical application. As noted in the 2019 PEG, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity, or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
In the present case, the additional limitations beyond the above-noted abstract idea area as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”):
A method for identifying a position of a moving object on the basis of the Global Navigation Satellite System (GNSS) and notifying of dangerous accidents, the method comprising:
receiving, by a GNSS position information data receiving unit, current position information data of a mobile device by receiving each GNSS position signal from a plurality of GNSS satellites;
receiving, by a Radio Technical Commission for Maritime Services (RTCM) position correction data receiving unit, position correction data of the mobile device in the form of an RTCM stream through a Network Transport of RTCM via Internet Protocol (NTRIP), the position correction data being repeatedly generated by a plurality of reference stations for each GPS satellite;
acquiring, by a precision position data acquisition unit, precision position data of the mobile device by applying the position correction data to the received current position information data; and
displaying, by a diagram display unit, the acquired precision position data of the mobile device, a position of another mobile device positioned within a predetermined range, a work section, and a danger area on a diagram that is pre-stored and activated on a screen of the mobile device.
For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application.
Regarding the limitations of “notifying of dangerous accidents … receiving … current position information data of a mobile device by receiving each GNSS position signal from a plurality of GNSS satellites … receiving, … position correction data of the mobile device in the form of an RTCM stream through a Network Transport of RTCM via Internet Protocol (NTRIP), the position correction data being repeatedly generated by a plurality of reference stations for each GPS satellite … displaying … the acquired precision position data of the mobile device, a position of another mobile device positioned within a predetermined range, a work section, and a danger area on a diagram that is pre-stored and activated on a screen of the mobile device” the examiner submits that these limitations are insignificant extra-solution activities that merely use a computer (receiving unit … display unit) to perform the process. In particular, the receiving steps from the sensors and from the external source are recited at a high level of generality (i.e. as a general means of gathering position information and correction information for use in the applying step), and amounts to mere data gathering, which is a form of insignificant extra-solution activity. The notifying and displaying results step on the display unit is also recited at a high level of generality (i.e. as a general means of displaying data and regional information), and amounts to mere post solution displaying, which is a form of insignificant extra-solution activity. See MPEP 2106.05(g).
Regarding the additional limitations of “by a GNSS position information data receiving unit … by a Radio Technical Commission for Maritime Services (RTCM) position correction data receiving unit … by a precision position data acquisition unit … by a diagram display unit” the examiner submits that these limitations are an attempt to generally link additional elements to a technological environment. In particular, data receiving units are recited at a high level of generality and merely automates the data receiving steps, therefore acting as a generic computer to perform the abstract idea. The acquisition unit is claimed generically and is operating in its ordinary capacity and does not use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the exception. The additional limitation is no more than mere instructions to apply the exception using generic computer components (receiving unit … acquisition unit … display unit)
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitation(s) do/does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
Under Step 2B:
Regarding Step 2B of the Revised Guidance, representative independent claim 1 does not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of “by a GNSS position information data receiving unit … by a Radio Technical Commission for Maritime Services (RTCM) position correction data receiving unit … by a precision position data acquisition unit … by a diagram display unit” amounts to nothing more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. And as discussed above, the additional limitations of “notifying of dangerous accidents … receiving … current position information data of a mobile device by receiving each GNSS position signal from a plurality of GNSS satellites … receiving, … position correction data of the mobile device in the form of an RTCM stream through a Network Transport of RTCM via Internet Protocol (NTRIP), the position correction data being repeatedly generated by a plurality of reference stations for each GPS satellite … displaying … the acquired precision position data of the mobile device, a position of another mobile device positioned within a predetermined range, a work section, and a danger area on a diagram that is pre-stored and activated on a screen of the mobile device” the examiner submits that these limitations are insignificant extra-solution activities.Hence, the claim is not patent eligible.
Therefore claim 6 is ineligible under 35 USC 101.
Regarding claims 7-9, claim 7-9 are similar in scope to claims 2-5 and therefore are rejected under similar rationale.
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 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.
Claim 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Manohar (US-20210065551) in view of Oba (US-20220161813).
Regarding claim 1, Manohar teaches an apparatus for identifying a position of a moving object on the basis of the global navigation satellite system (GNSS) (Paragraph [0081], "A location receiver 202 (such as a GPS receiver) that provides localization data (e.g., coordinates of the location of the ground transportation entity).")
and notifying of dangerous accidents, the apparatus comprising (Paragraph [0007], "a memory storing instructions executable by the processor to generate and send safety message information")
a GNSS position information data receiving unit configured to receive current position information data of a mobile device by receiving each GNSS position signal from a plurality of GNSS satellites (Paragraph [0081], "A location receiver 202 (such as a GPS receiver) that provides localization data (e.g., coordinates of the location of the ground transportation entity).")
a radio technical commission for maritime services (RTCM) position correction data receiving unit (Paragraph [0261], "On receiving these RTCM correction messages, the ESOBE 2508 on vehicle 2506 corrected its own position and also stored the RTCM correction data for later usage.")
configured to receive position correction data of the mobile device in the form of an RTCM stream through a transport of RTCM via internet protocol (NTRIP) (Paragraph [0010], "The source external to the first ground transportation entity includes a RSE or an external service configured to transmit RTCM correction messages over the Internet.")
the position correction data being repeatedly generated by a plurality of reference stations for each GPS satellite (Paragraph [0261], "On receiving these RTCM correction messages, the ESOBE 2508 on vehicle 2506 corrected its own position and also stored the RTCM correction data for later usage. While the particular RSE was in range, the ESOBE continued to correct its position using received correction messages and to update these messages for later usage.")
a precision position data acquisition unit configured to acquire precision position data of the mobile device by applying the position correction data to the received current position information data (Paragraph [0009], "an equipment for use on board a first ground transportation entity has (a) a receiver for first position correction information sent from a source external to the first ground transportation entity, (b) a receiver for information representing a parameter of position or motion of the first ground transportation entity, (c) a processor, and (d) a memory storing instructions executable by the processor to generate updated position correction information based on the first position correction information and on the information representing the parameter of motion, and send a position correction message to another ground transportation entity based on the updated position correction information.")
and a diagram display unit (Paragraph [0090], "If the risk of collision is higher than a certain threshold, then the warning is displayed to the driver of the host vehicle").
However while Manohar teaches determining position data of the mobile device and another mobile device within a predetermined range, a work section and a danger area on a diagram (Paragraph [0087], "The SOBE also interfaces with on board sensors that can watch the road and driving conditions such as cameras, range sensors, vibration sensors, microphones, or any other sensor that allows of such monitoring. A SOBE will also monitor the immediate surroundings and create a map of all the static and moving objects.") (Paragraph [0153], "For a pedestrian crossing, sensors will monitor the pedestrian and other vulnerable road users (e.g., cyclists) crossing at the intersection and the areas in the vicinity of the intersection. The data from these sensors may be segmented as representing conditions with respective different virtual zones to help in detection and localization. The zones can be chosen to correspond to respective critical areas where dangerous situations may be expected, such as sidewalks, entrances of walkways, and incoming approaches 405, 406, 407, 408 of the roads to the intersection.”) (Paragraph [0191], "BSMs contain, among other information, the location, heading, speed, and future path of the vehicle. Other connected vehicles can tune in to these messages and use them to create a map of vehicles present in their surroundings. Knowing where the surrounding vehicles are, a vehicle, whether it is autonomous or not, will have information useful to maintain a high level of safety.").
Manohar does not explicitly teach displaying this information on a screen of a mobile device.
Oba teaches generating various types of display data for a vehicle that performs control to switch between automated driving and manual driving including
configured to display the acquired precision position data of the mobile device (Paragraph [0193], “estimating the position and posture of the user's automobile and the like. In addition, as necessary, the current-position estimating section 132 generates a local map (hereinafter, referred to as a map for current position estimation) used for estimating the current position”) (Paragraph [0227], “on the basis of positional information of the user's automobile and the acquired LDM update information, the display of the driving zone display keeps being updated. As a result, the driving zone display is scroll-displayed in association with the driving as if each zone comes toward the user's automobile”) (Paragraph [0235], “In this embodiment, all the zones in the driving zone display are divided into three zones as depicted … The immediate zone that approaches along with the driving provides a visually intuitive effect equivalent to representation on a map as if the vehicle moves on it at a constant speed. Accordingly, this gives an advantage that the driver can start a preparation for a right return to driving as an event approaches, and can intuitively recognize a point where a return is to be started, accurately to some extent,” here the display includes an immediate zone representing a map on which the vehicles own position moves)
a position of another mobile device position within a predetermined range (Paragraph [0198], “For example, the situation recognizing section 153 performs a process of recognizing the situation of the user's automobile, the situation around the user's automobile, the situation of the driver of the user's automobile, and the like. In addition, the situation recognizing section 153 generates a local map (hereinafter, referred to as a map for situation recognition) to be used for recognition of the situation around the user's automobile, as necessary. The map for situation recognition is an occupancy grip map (Occupancy Grid Map), for example.“) (Paragraph [0200], “For example, the condition around the user's automobile to be recognition targets include the types and positions of surrounding stationary objects; the types, positions, and motions of surrounding moving objects (e.g., speed, acceleration, moving direction, etc.)”)
a work section (Paragraph [0225], “a display of driving zones on a driving route is started. Other than being displayed on the instrument panel, this driving zone display is displayed also on a tablet or the like on which the driver performs a secondary task, for example, next to a work window.”)
and a danger area (Paragraph [0176], “For example, the output control section 105 generates output signals including at least one of visual information (e.g., image data) and auditory information (e.g., sound data), and supplies them to the output section 106, to thereby control output of visual information and auditory information from the output section 106. … regarding a danger such as collision, contact, or entrance into a danger zone, and supplies output signals including the generated sound data to the output section 106.”)
on a diagram that is pre-stored and activated on a screen of the mobile device (Paragraph [0046], “FIG. 17 depicts diagrams illustrating examples of a display of driving zones on a driving route displayed on a screen of tablet terminal equipment (hereinafter, simply denoted as a “tablet”).”).
Manohar and Oba are analogous art as they are both generally related to systems for monitoring the position and surroundings of road users.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include display the acquired precision position data of the mobile device, a position of another mobile device position within a predetermined range, a work section, and a danger area, on a diagram that is pre-stored and activated on a screen of the mobile device of Oba in the system for identifying a position of a moving object using GNSS data and notifying of dangerous situations of Manohar with a reasonable expectation of success in order to present relevant information to a driver using a display so that a driver can appropriately prepare for the current or upcoming driving situation (Paragraph [0235], “The immediate zone that approaches along with the driving provides a visually intuitive effect equivalent to representation on a map as if the vehicle moves on it at a constant speed. Accordingly, this gives an advantage that the driver can start a preparation for a right return to driving as an event approaches, and can intuitively recognize a point where a return is to be started, accurately to some extent. That is, the purpose of the display of this zone is to provide a user with start determination information regarding a right returning point of a driver rightly.”).
Regarding claim 2, the combination of Manohar and Oba teaches the system as discussed above in claim 1, Manohar further teaches wherein the mobile device may be at least one of a terminal attached to a work vehicle and a terminal carried by a worker (Paragraph [0076-0077], “The onboard equipment typically may be original equipment for a ground transportation entity … A communication unit 203 that enables the sending and receiving, or both, of data to and from nearby vehicles, pedestrians, cyclists, or other ground transportation entities, and infrastructure, and combinations of them.”).
Regarding claim 3, the combination of Manohar and Oba teaches the system as discussed above in claim 1, Manohar further teaches a precision position data receiving unit configured to receive precision position data acquired from another mobile device in real time (Paragraph [0033], “Typically, cooperative entities are continuously broadcasting their state data. Connected entities in the vicinity of a broadcasting entity are able to receive these broadcasts and can process and act on the received data. If, for example, a vulnerable road user has a wearable device that can receive broadcasts from an entity, say an approaching truck, the wearable device can process the received data and let the vulnerable user know when it is safe to cross the road.”).
Regarding claim 4, the combination of Manohar and Oba teaches the system as discussed above in claim 1, Manohar further teaches a distance measurement unit configured to measure a distance between the acquired precision position data of the mobile device and the position of another mobile device positioned within the predetermined range (Paragraph [0072], “The sensors may include, but are not limited to, cameras, radars, lidars, ultrasonic detectors or any other hardware that can sense or infer from sensed data the distance to, speed, heading, location, or combinations of them, among other things, of a ground transportation entity. Sensor fusion is performed using aggregations or combinations of data from two or more sensors 101.”)
a distance between the acquired precision position data of the mobile device and the work section (Paragraph [0042], “The ground transportation entities using a ground transportation network move with a variety of speeds and may reach a given intersection at different speeds and times of the day. If the speed and distance of an entity from the intersection is known, dividing the distance by the speed (both expressed in the same unit system) will give the time of arrival at the intersection.”)
and a distance between the acquired precision position data of the mobile device and the danger area (Paragraph [0160], “The RSE then applies current data captured from the sensors to the AI model to cause it to predict intent and behavior, to determine when a dangerous situation is imminent, and to trigger corresponding alerts that are distributed (e.g., broadcast) to the vehicles and other ground transportation entities and to the vulnerable road users and drivers as early warnings in time to enable the vulnerable road users and drivers to undertake collision avoidance steps.”).
Regarding claim 5, the combination of Manohar and Oba teaches the system as discussed above in claim 1, Manohar further teaches a danger notification providing unit configured to generate and output danger notification information on the screen of the mobile device (Paragraph [0038], “Based on a prediction of a dangerous situation, an alert is sent from the infrastructure devices at the intersection to all connected entities in the vicinity of the intersection.”)
when at least one of a distance between measured precision position data of the mobile device and the position of another mobile device positioned within the predetermined range, a distance between the precision position data of the mobile device and the work section and a distance between the precision position data of the mobile device and the danger area is included in a predetermined danger range (Paragraph [0044], “In other words, in addition to detecting information about ground transportation entities directly from the sensor data, the system uses artificial intelligence and machine learning to process vast amounts of sensor data to learn the patterns of motion, behaviors, and intentions of ground transportation entities, for example, at intersections of ground transportation networks, on approaches to such intersections, and at crosswalks of ground transportation networks. Based on the direct use of current sensor data and on the results of applying the artificial intelligence and machine learning to the current sensor data, the system produces early warnings such as alerts of dangerous situations and therefore aids collision avoidance. With respect to early warnings in the form of instructions or commands, the command or instruction could be directed to a specific autonomous or human-driven entity to control the vehicle directly. For example, the instruction or command could slow down or stop an entity being driven by a malevolent person who has been determined to be about to run a red light for the purpose of trying to hurt people.”) (Paragraph [0090], “It will then apply the fused data to an artificial intelligence model that is not only able to predict the next action or reaction of the driver or user of the vehicle or other ground transportation entity or vulnerable road user, but also be able to predict the intent and future trajectories and associated near-miss or collision risks due to other vehicles, ground transportation entities and vulnerable road users nearby.”).
Regarding claim 6, Manohar teaches a method for identifying a position of a moving object on the basis of the Global Navigation Satellite System (GNSS) (Paragraph [0081], "A location receiver 202 (such as a GPS receiver) that provides localization data (e.g., coordinates of the location of the ground transportation entity).")
and notifying of dangerous accidents, the method comprising (Paragraph [0007], "a memory storing instructions executable by the processor to generate and send safety message information")
receiving, by a GNSS position information data receiving unit, current position information data of a mobile device by receiving each GNSS position signal from a plurality of GNSS satellites (Paragraph [0081], "A location receiver 202 (such as a GPS receiver) that provides localization data (e.g., coordinates of the location of the ground transportation entity).")
receiving, by a Radio Technical Commission for Maritime Services (RTCM) position correction data receiving unit, position correction data of the mobile device (Paragraph [0261], "On receiving these RTCM correction messages, the ESOBE 2508 on vehicle 2506 corrected its own position and also stored the RTCM correction data for later usage.")
in the form of an RTCM stream through a Network Transport of RTCM via Internet Protocol (NTRIP), the position correction data being repeatedly generated by a plurality of reference stations for each GPS satellite (Paragraph [0010], "The source external to the first ground transportation entity includes a RSE or an external service configured to transmit RTCM correction messages over the Internet.") (Paragraph [0009], "an equipment for use on board a first ground transportation entity has (a) a receiver for first position correction information sent from a source external to the first ground transportation entity, (b) a receiver for information representing a parameter of position or motion of the first ground transportation entity, (c) a processor, and (d) a memory storing instructions executable by the processor to generate updated position correction information based on the first position correction information and on the information representing the parameter of motion, and send a position correction message to another ground transportation entity based on the updated position correction information.")
acquiring, by a precision position data acquisition unit, precision position data of the mobile device by applying the position correction data to the received current position information data (Paragraph [0009], "an equipment for use on board a first ground transportation entity has (a) a receiver for first position correction information sent from a source external to the first ground transportation entity, (b) a receiver for information representing a parameter of position or motion of the first ground transportation entity, (c) a processor, and (d) a memory storing instructions executable by the processor to generate updated position correction information based on the first position correction information and on the information representing the parameter of motion, and send a position correction message to another ground transportation entity based on the updated position correction information.")
and displaying, by a diagram display unit (Paragraph [0090], "If the risk of collision is higher than a certain threshold, then the warning is displayed to the driver of the host vehicle").
However while Manohar teaches determining position data of the mobile device and another mobile device within a predetermined range, a work section and a danger area on a diagram (Paragraph [0087], "The SOBE also interfaces with on board sensors that can watch the road and driving conditions such as cameras, range sensors, vibration sensors, microphones, or any other sensor that allows of such monitoring. A SOBE will also monitor the immediate surroundings and create a map of all the static and moving objects.") (Paragraph [0153], "For a pedestrian crossing, sensors will monitor the pedestrian and other vulnerable road users (e.g., cyclists) crossing at the intersection and the areas in the vicinity of the intersection. The data from these sensors may be segmented as representing conditions with respective different virtual zones to help in detection and localization. The zones can be chosen to correspond to respective critical areas where dangerous situations may be expected, such as sidewalks, entrances of walkways, and incoming approaches 405, 406, 407, 408 of the roads to the intersection.”) (Paragraph [0191], "BSMs contain, among other information, the location, heading, speed, and future path of the vehicle. Other connected vehicles can tune in to these messages and use them to create a map of vehicles present in their surroundings. Knowing where the surrounding vehicles are, a vehicle, whether it is autonomous or not, will have information useful to maintain a high level of safety.").
Manohar does not explicitly teach displaying this information on a screen of a mobile device.
Oba teaches generating various types of display data for a vehicle that performs control to switch between automated driving and manual driving including
displaying the acquired precision position data of the mobile device (Paragraph [0193], “estimating the position and posture of the user's automobile and the like. In addition, as necessary, the current-position estimating section 132 generates a local map (hereinafter, referred to as a map for current position estimation) used for estimating the current position”) (Paragraph [0227], “on the basis of positional information of the user's automobile and the acquired LDM update information, the display of the driving zone display keeps being updated. As a result, the driving zone display is scroll-displayed in association with the driving as if each zone comes toward the user's automobile”) (Paragraph [0235], “In this embodiment, all the zones in the driving zone display are divided into three zones as depicted … The immediate zone that approaches along with the driving provides a visually intuitive effect equivalent to representation on a map as if the vehicle moves on it at a constant speed. Accordingly, this gives an advantage that the driver can start a preparation for a right return to driving as an event approaches, and can intuitively recognize a point where a return is to be started, accurately to some extent,” here the display includes an immediate zone representing a map on which the vehicles own position moves)
a position of another mobile device positioned within a predetermined range (Paragraph [0198], “For example, the situation recognizing section 153 performs a process of recognizing the situation of the user's automobile, the situation around the user's automobile, the situation of the driver of the user's automobile, and the like. In addition, the situation recognizing section 153 generates a local map (hereinafter, referred to as a map for situation recognition) to be used for recognition of the situation around the user's automobile, as necessary. The map for situation recognition is an occupancy grip map (Occupancy Grid Map), for example.“) (Paragraph [0200], “For example, the condition around the user's automobile to be recognition targets include the types and positions of surrounding stationary objects; the types, positions, and motions of surrounding moving objects (e.g., speed, acceleration, moving direction, etc.)”)
a work section (Paragraph [0225], “a display of driving zones on a driving route is started. Other than being displayed on the instrument panel, this driving zone display is displayed also on a tablet or the like on which the driver performs a secondary task, for example, next to a work window.”)
and a danger area (Paragraph [0176], “For example, the output control section 105 generates output signals including at least one of visual information (e.g., image data) and auditory information (e.g., sound data), and supplies them to the output section 106, to thereby control output of visual information and auditory information from the output section 106. … regarding a danger such as collision, contact, or entrance into a danger zone, and supplies output signals including the generated sound data to the output section 106.”)
on a diagram that is pre-stored and activated on a screen of the mobile device (Paragraph [0046], “FIG. 17 depicts diagrams illustrating examples of a display of driving zones on a driving route displayed on a screen of tablet terminal equipment (hereinafter, simply denoted as a “tablet”).”).
Manohar and Oba are analogous art as they are both generally related to systems for monitoring the position and surroundings of road users.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include display the acquired precision position data of the mobile device, a position of another mobile device position within a predetermined range, a work section, and a danger area, on a diagram that is pre-stored and activated on a screen of the mobile device of Oba in the system for identifying a position of a moving object using GNSS data and notifying of dangerous situations of Manohar with a reasonable expectation of success in order to present relevant information to a driver using a display so that a driver can appropriately prepare for the current or upcoming driving situation (Paragraph [0235], “The immediate zone that approaches along with the driving provides a visually intuitive effect equivalent to representation on a map as if the vehicle moves on it at a constant speed. Accordingly, this gives an advantage that the driver can start a preparation for a right return to driving as an event approaches, and can intuitively recognize a point where a return is to be started, accurately to some extent. That is, the purpose of the display of this zone is to provide a user with start determination information regarding a right returning point of a driver rightly.”).
Regarding claim 7, claim 7 is similar in scope to claim 3, and is therefore rejected under similar rationale.
Regarding claim 8, claim 8 is similar in scope to claim 4, and is therefore rejected under similar rationale.
Regarding claim 9, claim 9 is similar in scope to claim 5, and is therefore rejected under similar rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tagawa (US-11999384) teaches a travel route acquisition unit configured to acquire position information and determine dangerous location information. Kato (US-11366237) teaches estimating a self absolute location on the basis of the GNSS positioning information using the first carrier phase distance, GNSS positioning information using a second carrier phase distance, and a relative location, the GNSS positioning information using the second carrier phase distance being received by another mobile object. Kwon (US-20210072405) teaches while a vehicle drives, obtaining precise positioning information for a capturing position at the positioning time based on the image information, a high-definition map, and the GNSS information, calculating a positioning difference which is a difference between the GNSS positioning information and the precise positioning information, and generating distribution information including the GNSS information, the positioning difference, and the precise positioning information.
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/CHRISTOPHER GEORGE FEES/Examiner, Art Unit 3662