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 .
Claim Interpretation
Regarding claims 1-3, 11 and 13 claim limitations “extraction unit, generation unit, transmission unit, storage unit, reception unit” has 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 “unit” coupled with functional language (e.g., “configure to…”) without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claims 1-3, 11 and 13 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: (see Figs. 2-4, 11-17, specification para [00060]-[0069], [0102]-[0129]).
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112 , sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 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§ 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 8, 9 and 11-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee et al (US 2021/0258744 A1).
Regarding claims 1, 12 and 13 Lee ‘744 teaches, a communication device ([0171]-[0174] and Fig. 13, a vehicle UE) comprising: an extraction unit that extracts, from a captured image, a feature of a transmission destination present in the captured image([0123] and Fig. 5B, the UE captures/records neighboring vehicles using its camera and recognizes the vehicle numbers ( a feature of a transmission-distention vehicle extracted from the camera image);
a generation unit that generates a Layer-2 ID including feature information indicating the feature ([0081], [0123] and Fig. 5B, the UE uses the recognized vehicle number to “figure out the ProSe Layer-2 ID value of UE D 513 mapped with the corresponding vehicle number”, Lee ‘744 further taches deriving a 24-bit ProSe layer-2 ID according to a rule and placing destination-location information in 16 bits of the ID); and a transmission unit that transmits information via Sidelink communication using the Layer-2 ID([0066]-[0068], [0086]-[0087], [0123] and Figs. 1, 4-5B, UE A generates a V2X message, sets UE D’s ProSe Layer-2 ID as the destination Layer-2 ID, and transmits the message as a unicast message).
Regarding claims 2, Lee ‘744 teaches, a communication device([0072], [0172]-[0174] and Figs. 1, 2,13 a vehicle UE) comprising: a storage unit that stores a feature that is extractable from a captured image([0119], [0123] and Fig. 5B,the UE stores vehicle information and corresponding ProSe layer-2 ID mapping information, the stored vehicle information includes vehicle ID, manufacturer, vehicle type and color. A camera is used to record neighboring vehicles and recognize a vehicle number),
the feature being a feature of a loading body equipped with the communication device([0072]-[0113] and figs. 1, 5b, the communication device may be embedded in or attached to a vehicle. The discovery messages generated by a vehicle UE may contain the generated vehicle ID, VIN, vehicle type and color);
and a reception unit that receives information via Sidelink communication using a Layer-2 ID including feature information indicating the feature ([0116]-[0119], [0123] and Figs. 2, 3, a receiving UE processing received message to obtain Layer-2 ID, and obtain the vehicle features by mapping the received Layer-2 ID with vehicle-identification information such as vehicle number, VIN type of color).
Regarding claim 3, Lee ‘744 teaches all claim limitations, Lee ‘744 further teaches, a generation unit that generates the Layer-2 ID(ID)([0039]- [0040], [0084] and Figs. 3, 4, 13, UE deriving ProSe Layer-2).
Regarding claim 4, Lee ‘744 teaches all claim limitations, Lee ‘744 further teaches, wherein the Sidelink communication is Sidelink communication (PC5) defined by 3rd Generation Partnership Project (3GPP)([0071]-[0173] and Figs. 1-2, UE communicating directly using PC5 link as defined in the 3GPP), and the Layer-2 ID is an identifier indicating a communication destination in Sidelink communication defined by the 3GPP([0076]-[0078], [0086]-[0087], Figs. 2, 4, the source and destination ProSe Layer 2 ID being used for PC5-based communication to identify a vehicle/destination in 3GPP V2X system).
Regarding claim 5, Lee ‘744 teaches all claim limitations, Lee ‘744 further teaches, wherein at least one of a vehicle number, a vehicle type, a vehicle body shape, a vehicle body color, a direction of travel, a speed, a position, an occupant count, an indicator lamp lighting status, and a brake lamp lighting status of a vehicle is used as the feature([0113], [0119], [0123], Fig. 5B, UE A records neighboring vehicles with camera and recognizes the vehicle number to which the message is to be transmitted, discovery message and stored vehicle information may include vehicle type, notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations).
Regarding claim 6, Lee ‘744 teaches all claim limitations, Lee ‘744 further teaches, wherein the vehicle number is used as the feature (([0113], [0119], [0123], Fig. 5B, UE A records neighboring vehicles with camera and recognizes the vehicle number of UE D, the intended transmission destination and uses the recognized number to determine the corresponding ProSe Layer-2 ID).
Regarding claim 8, Lee ‘744 teaches all claim limitations, Lee ‘744 further teaches, wherein at least one of a vehicle type, a vehicle body shape, a wheel count, a vehicle body color, rider clothing, a rider clothing color, a direction of travel, a speed, and a location of a bicycle is used as the feature([0113], [0119], [0123], Fig. 5B, discovery message and stored vehicle information may include vehicle type, notice the claim limitation is written in alternative form thus examiner is required to show only one of the alternative claim limitations).
Regarding claim 9, Lee ‘744 teaches all claim limitations, Lee ‘744 further teaches, wherein in a case where, regarding a Layer-2 ID including a plurality of pieces of the feature information, all or some of the plurality of pieces of feature information are feature information indicating a feature of the loading body([0081], [0113], [0119] and Figs. 3, 5B, identifying vehicle number VIN, color and type of vehicle) , the reception unit receives information using the Layer-2 ID( [0081], [0113], [0119] and Figs. 3, 5B, reception of a message comprising Layer-2 ID).
Regarding claim 11, Lee ‘744 teaches A communication system comprising: a first communication device; and a second communication device ([0066], [0072]- [0073], [0123] and Figs. 1, 2, 5B, a multiple vehicle UEs communicating directly with one another. Fig. 5B shows UE A and destination UE D 513 in a vehicle-platooning communication system), wherein the first communication device includes an extraction unit that extracts, from a captured image, a feature of a transmission destination presents in the captured image ([0123] and Fig. 5B, the UE captures/records neighboring vehicles using its camera and recognizes the vehicle numbers (a feature of a transmission-distention vehicle extracted from the camera image),
a generation unit that generates a Layer-2 ID including feature information indicating the feature ([0081], [0123] and Fig. 5B, the UE uses the recognized vehicle number to “figure out the ProSe Layer-2 ID value of UE D 513 mapped with the corresponding vehicle number”, Lee ‘744 further taches deriving a 24-bit ProSe layer-2 ID according to a rule and placing destination-location information in 16 bits of the ID), and a transmission unit that transmits information via Sidelink communication using the Layer-2 ID([0066]-[0068], [0086]-[0087], [0123] and Figs. 1, 4-5B, UE A generates a V2X message, sets UE D’s ProSe Layer-2 ID as the destination Layer-2 ID, and transmits the message as a unicast message), and the second communication device includes a storage unit that stores a feature that is extractable from a captured image([0119], [0123] and Fig. 5B,the UE stores vehicle information and corresponding ProSe layer-2 ID mapping information, the stored vehicle information includes vehicle ID, manufacturer, vehicle type and color. A camera is used to record neighboring vehicles and recognize a vehicle number),
the feature being a feature of a loading body equipped with the second communication device ([0072]- [0113] and figs. 1, 5b, the communication device may be embedded in or attached to a vehicle. The discovery messages generated by a vehicle UE may contain the generated vehicle ID, VIN, vehicle type and color), and a reception unit that receives information via Sidelink communication using a Layer-2 ID including feature information indicating the feature ([0116]- [0119], [0123] and Figs. 2, 3, a receiving UE processing received message to obtain Layer-2 ID, and obtain the vehicle features by mapping the received Layer-2 ID with vehicle-identification information such as vehicle number, VIN type of color).
Claim Rejections – 35 USC§ 103
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lee ‘744 in view of Ying et al (US 2024/0242606 A1).
Regarding claim 7, Lee ‘744 teaches all claim limitations except, wherein at least one of clothing, a hairstyle, a skin color, a gender, a walking direction, a speed, and a position of a pedestrian is used as the feature.
Ying ‘606 teaches, wherein at least one of clothing, a hairstyle, a skin color, a gender, a walking direction, a speed, and a position of a pedestrian is used as the feature ([0037], [0038], [0048], position information of a pedestrian being communicated via V2X).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Lee ‘744, since such modification would provide a vehicle blind zone detection method by establishing a radio communication with a communication device carried by a pedestrian, as suggested by Ying ‘606([0004]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Lee ‘744 in view of Orsino et al (US 2025/0184709 A1).
Regarding claim 10, Lee ‘744 teaches all claim limitations except, wherein the Layer-2 ID is discarded after the information is transmitted
Orsino ‘709 teaches, wherein the Layer-2 ID is discarded after the information is transmitted ([0048], [0050], UE discarding Layer-2 ID after transmitting).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the communication system of Lee ‘744, since such modification would enable to avoid delayed path switch procedure by transmitting a message comprising a layer 2 (L2) identifier (ID) of the first UE to a network device, as suggested by Orsino ‘709([0017]).
Internet Communications
Applicant is encouraged to submit a written authorization for Internet communications (PTO/SB/439, which can be found: http://www.uspto.gov/sites/default/files/documents/sb0439.pdf) in the instant patent application to authorize the examiner to communicate with the applicant via email. The authorization will allow the examiner to better practice compact prosecution. The written authorization can be submitted via one of the following methods only: (1) Central Fax which can be found in the Conclusion section of this Office action; (2) regular postal mail; or (3) EFS WEB. Written authorization submitted via other methods, such as direct fax to the examiner or email, will not be accepted. See MPEP § 502.03.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AWET A HAILE whose telephone number is (571)270-3114. The examiner can normally be reached Monday through Friday 8:30 AM - 4:30 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Thier can be reached at (571)272-2832. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AWET HAILE/Primary Examiner, Art Unit 2474
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