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 .
In the event the determination of the status of the application as subject to 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.
Status of Claims
This Office Action is in response to the application filed on 11/8/2024. Claims 1-9 are presently pending and are presented for examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55, however the request for foreign priority cannot yet be approved due to the lack of certified English copies, per requirements of 35 U.S.C. 119 (a)-(d), specifically 35 U.S.C. 119 (b)(3), see below.
(3) The Director may require a certified copy of the original foreign application, specification, and drawings upon which it is based, a translation if not in the English language, and such other information as the Director considers necessary. Any such certification shall be made by the foreign intellectual property authority in which the foreign application was filed and show the date of the application and of the filing of the specification and other papers.
Should applicant desire to obtain the benefit of foreign priority under 35 U.S.C. 119(a)-(d) prior to declaration of an interference, a certified English translation of the foreign application must be submitted in reply to this action. 37 CFR 41.154(b) and 41.202(e).
Failure to provide a certified translation may result in no benefit being accorded for the non-English application.
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 claims in this application are given their broadest reasonable interpretation using the 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) 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):
(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), 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). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f), 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), 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), 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), 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:
“…a road traffic information collection unit that … collects road traffic information…” in claim 1.
“…the road traffic information collection unit collects the road traffic information from the autonomous vehicle…” in claim 4.
“…the road traffic information collection unit detects an unexpected situation within the preset range…” in claim 5.
“…a traffic light information collection unit that collects signal information of traffic lights within a preset range…” in claim 1.
“…a traffic light information collection unit that collects signal information of traffic lights…” in claim 8.
“…an unexpected situation detection unit that collects unexpected situation information on a road…” in claim 1.
“…an unexpected situation detection unit that collects unexpected situation information on a road…” in claim 8.
“…a weather information collection unit that collects weather information from the server…” in claim 2.
“…the mobile road traffic information providing apparatus provides the road traffic information to the autonomous vehicle…” in claim 3.
“…a mobile road traffic information providing apparatus that … collects road traffic information in a preset range, and determines a road traffic condition based on the road traffic information…” in claim 8.
“…a moving unit that moves the road traffic information providing apparatus…” in claim 6.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f), it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Support for these limitations are as follows:
road traffic information collection unit:
PgPub: [0030]-[0031] "The road traffic information collection unit 1100 may include a sensor unit... The sensor unit of the road traffic information collection unit 1100 may include various sensors, and may collect information related to road traffic directly from the outside or collect information related to road traffic through communication from an external server. More specifically, the sensor unit may include at least one sensor from a group including a camera, an ultrasonic sensor, the Global Positioning System (GPS), a radar, and a light detection and ranging (LiDAR)."
According to the description above and the depiction of Figure 1, the Examiner will be interpreting the road traffic information collection unit as being a combination of a processing unit with programming which utilizes sensor data to function.
traffic light information collection unit:
PgPub: [0034] "…As needed, the traffic light information collection unit may collect signals of a traffic light in real time through a camera or ultrasonic sensor of the sensor unit, or may collect signals of a traffic light within a preset range in real time through network communication. When the traffic light information collection unit collects the signal information of the traffic light through the camera or ultrasonic sensor of the sensor unit, the signal of the traffic light may be more reliably collected than using network communication, but the range of signal collection of the traffic light may be limited and may be affected by external factors, such as weather and obstacles..."
According to the description above and the depiction of Figure 1, the Examiner will be interpreting the traffic light information collection unit as being a combination of a processing unit with programming which utilizes communicated data to function.
unexpected situation detection unit:
PgPub: [0035] "The unexpected situation detection unit may obtain data using at least one sensor from a group including the camera, the radar, and the LiDAR of the sensor unit... According to a specific embodiment, the unexpected situation detection unit obtains various data on the road through the sensor unit and determines whether an unexpected situation occurs using the data..."
According to the description above and the depiction of Figure 1, the Examiner will be interpreting the unexpected situation detection unit as being a combination of a processing unit with programming which utilizes sensor data to function.
weather information collection unit:
PgPub: [0037] "The weather information collection unit is configured to collect weather information within a preset range at a location at which the road traffic information providing apparatus 1000 is installed. As needed, the weather information collection unit may identify a location in which the road traffic information providing apparatus 1000 is installed using the GPS of the sensor unit and obtain real-time weather information of the corresponding location from the server based on information about the installation location. Alternatively, the weather information collection unit may collect weather information in real time through the camera or ultrasonic sensor of the sensor unit. When the weather information collection unit collects weather information through the camera or ultrasonic sensor, the weather information collection unit may obtain real-time weather information of the corresponding area more effectively than using network communication, but in this case, may only obtain real-time weather information and weather information may not be predicted. Therefore, by using a combination of both methods, weather information may be collected more reliably."
According to the description above and the depiction of Figure 1, the Examiner will be interpreting the weather information collection unit as being a combination of a processing unit with programming which utilizes communicated data to function.
mobile road traffic information providing apparatus:
The Examiner will be interpreting the mobile road traffic information providing apparatus according to the preamble of claim 1 as well as Figure 1, as being a combination of a processing unit with programming which utilizes communicated data to function. The mobile road traffic information providing apparatus will be interpreted as a road traffic information providing apparatus 1000 per Figure 1.
moving unit:
PgPub: [0045] "The moving unit 1400 is a device for moving the road traffic information providing apparatus 1000. As needed, the moving unit 1400 may be a vehicle."
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f), applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under (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).
Claim Objections
Claims 1, 3-6, and 8 are objected to because of the following informalities:
Claim 1 as currently presented states “…a road…a road…a road…” which the Examiner objects to because the claim doesn’t provide sufficient details so as to differentiate the roads if that is in fact the goal of the claim.
Claim 1 as currently presented states “…the road traffic information providing apparatus…” which the Examiner believes should be updated to instead state “…a road traffic information providing apparatus…” so as to avoid any potential antecedent basis issues.
Claim 1 as currently presented states “…a preset range…a preset range…a preset range…” which the Examiner objects to because the claim doesn’t provide sufficient details so as to differentiate the preset ranges if that is in fact the goal of the claim.
Claim 1 as currently presented states “…a preset range or the server…” which the Examiner believes should be updated to instead state “…a preset range [ [ or ] ] of the server…” so as overcome grammatical errors.
Claims 3-5 as currently presented states “…the preset range…” which the Examiner objects to because claim 1 presented multiple occurrences of a preset range, and thus the Examiner does not know which preset range is being referenced.
Claim 6 concludes with a semi-colon rather than a period. The Examiner recommends either providing proper punctuation, or completing the remainder of the claim after the semi-colon.
Claim 8 as currently presented states “…a road…a road…” which the Examiner objects to because the claim doesn’t provide sufficient details so as to differentiate the roads if that is in fact the goal of the claim.
Claim 8 as currently presented states “…collects road traffic information…the road traffic information…obtains road traffic information…the road traffic information…” which the Examiner recommends updating to instead state “…collects road traffic information…the road traffic information…obtains the road traffic information…the road traffic information…” so as to provide consistent terminology throughout the claims, if this in fact aligns with the Applicant’s intentions.
Claim 8 as currently presented states “…a mobile road traffic information providing apparatus…the mobile road traffic information providing apparatuses…” which the Examiner believes should be updated to instead state “…a mobile road traffic information providing apparatus…the mobile road traffic information providing apparatus…” so as to avoid any potential antecedent basis issues.
Appropriate correction is required.
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.
101 Analysis: Step 1
Independent claims 1 and 8 are directed towards an apparatus and a system, respectively. Therefore, each of the independent claims 1 and 8 and the corresponding dependent claims 2-7 and 9 are directed to a statutory category of invention under Step 1.
101 Analysis: Step 2A, Prong 1
Regarding Prong 1 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 1recites:
A mobile road traffic information providing apparatus for autonomous vehicles, comprising:
a road traffic information collection unit that is movably installed on one side of a road and collects road traffic information;
a communication unit that performs communication with an autonomous vehicle or a server; and
a control unit that determines a road traffic condition based on information about a road on which the road traffic information providing apparatus is installed and the road traffic information, and provides the road traffic condition to the autonomous vehicle within a preset range or the server,
wherein the road traffic information collection unit includes:
a traffic light information collection unit that collects signal information of traffic lights within a preset range; and
an unexpected situation detection unit that collects unexpected situation information on a road within a preset range.
These limitations, as drafted, are an apparatus that, under broadest reasonable interpretation, covers performance of the limitation as a mental concept. That is, nothing in the claim elements preclude the steps from practically being performed as a mental process. For example, “…determines a road traffic condition…” may be interpreted as mentally determining characteristics or events at a location. Therefore, the claims are directed towards reciting an abstract idea.
101 Analysis: Step 2A, Prong 2
Regarding Prong 2 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 idea 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 elements beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional elements” while the bolded portions continue to represent the “abstract idea”):
A mobile road traffic information providing apparatus for autonomous vehicles, comprising:
a road traffic information collection unit that is movably installed on one side of a road and collects road traffic information;
a communication unit that performs communication with an autonomous vehicle or a server; and
a control unit that determines a road traffic condition based on information about a road on which the road traffic information providing apparatus is installed and the road traffic information, and provides the road traffic condition to the autonomous vehicle within a preset range or the server,
wherein the road traffic information collection unit includes:
a traffic light information collection unit that collects signal information of traffic lights within a preset range; and
an unexpected situation detection unit that collects unexpected situation information on a road within a preset range.
For the following reason(s), the examiner submits that the above identified additional elements do not integrate the above-noted abstract idea into a practical application.
Regarding the additional elements of “a mobile road traffic information providing apparatus for autonomous vehicles,” “a road traffic information collection unit that is movably installed on one side of a road,” “a communication unit,” “an autonomous vehicle or a server,” “a control unit,” “the road traffic information collection unit,” “a traffic light information collection unit,” and “an unexpected situation detection unit” are merely generic components which allow the abstract idea to be applied (MPEP § 2106.05(f)(2)). The Examiner submits that these elements are mere computers or other machinery used as a tool to perform the existing process.
The limitations of “collects road traffic information”, “performs communication”, “provides the road traffic condition to the autonomous vehicle”, “collects signal information of traffic lights within a preset range,” and “collects unexpected situation information on a road within a preset range” are directed towards insignificant extra-solution activity that is data gathering/manipulation/output, which does not add any meaningful limits on the claim. Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application.
101 Analysis: Step 2B
Regarding Step 2B in the 2019 PEG, 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, the additional elements of “a mobile road traffic information providing apparatus for autonomous vehicles,” “a road traffic information collection unit that is movably installed on one side of a road,” “a communication unit,” “an autonomous vehicle or a server,” “a control unit,” “the road traffic information collection unit,” “a traffic light information collection unit,” and “an unexpected situation detection unit” amounts to mere instructions to apply the exception (using additional elements such as “the control unit”). Use of a computer or other machinery in its ordinary capacity for economic or other tasks (e.g., to receive, store, or transmit data) or simply adding a general purpose computer or computer components after the fact to an abstract idea does not provide significantly more. See Affinity Labs v. DirecTV, 838 F.3d 1253, 1262, 120 USPQ2d 1201, 1207 (Fed. Cir. 2016) (cellular telephone); TLI Communications LLC v. AV Auto, LLC, 823 F.3d 607, 613, 118 USPQ2d 1744, 1748 (Fed. Cir. 2016) (computer server and telephone unit). In addition, the recitation of claim limitations that attempt to cover any solution to an identified problem with no restriction on how the result is accomplished and no description of the mechanism for accomplishing the result, does not integrate a judicial exception into a practical application or provide significantly more because this type of recitation is equivalent to the words “apply it”.
Further, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B to determine if they are more than what is well understood, routine, conventional activity in the field. The additional limitations of “collects road traffic information”, “performs communication”, “provides the road traffic condition to the autonomous vehicle”, “collects signal information of traffic lights within a preset range,” and “collects unexpected situation information on a road within a preset range” are well-understood, routine, and conventional activities because the background recites that the sensors are all conventional sensors mounted on the apparatus, and the specification does not provide any indication that the control unit of the apparatus is anything other than a conventional computer within the apparatus. MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, Inc., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner. Hence, the claim is not patent eligible.
Claim 8 recites analogous limitations to that of claim 1, deviating in the citation of a system, and is therefore rejected by the same premise.
Dependent claims 2-7 and 9 do not recite any further limitations that cause the claim(s) to be patent eligible. Rather, the limitations of dependent claims are directed toward additional aspects of the judicial exception and/or well-understood, routine and conventional additional elements that do not integrate the judicial exception into a practical application.
Claims 2-4 and claim 9 recite additional instances of data gathering and data output, which simply elaborate on the insignificant extra-solution activity.
Claim 5 recites the detection of information using a generic component, which expounds on the abstract idea of a mental process.
Claim 6 recites the use of a generic component to provide motion to the apparatus, however this motion, as currently presented, is not resulting from any previous decisions or processing; therefore the generic component merely amounts to a field of use for the apparatus.
Claim 7 recites the use of a generic component to display information, however a displaying function, according to the Federal Circuit in Trading Techs. Int’l v. IBG LLC, 921 F.3d 1084, 1093 (Fed. Cir. 2019), and Intellectual Ventures I LLC v. Erie Indemnity Co., 850 F.3d 1315, 1331 (Fed. Cir. 2017), indicates that the mere displaying of data is a well understood, routine, and conventional function.
Therefore, dependent claims 2-7 and 9 are not patent eligible under the same rationale as provided for in the rejection of independent claim 1.
Therefore, claims 1-9 are ineligible under 35 USC §101.
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.
Claims 1, 3-4, and 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Mimura et al. (US-2021/0174673; hereinafter Mimura) in view of Nickel et al. (US-11,036,239; hereinafter Nickel).
Regarding claim 1, Mimura discloses … information providing apparatus for autonomous vehicles (see Mimura at least Abs), comprising:
…
a communication unit that performs communication with an autonomous vehicle or a server (see Mimura at least [0055] "As illustrated in FIG. 2, the host vehicle M is equipped with a communication apparatus 25, the vehicle sensor 30, the HMI 35, a travel drive force output apparatus 200, a steering apparatus 210, and a brake apparatus 220, as well as the above-described external sensor 10, navigation apparatus 20, and vehicle control apparatus 100." and [0058] "The communication apparatus 25 wirelessly communicates with, for example, an information providing server of a system that monitors the traffic situations of roads, such as the Vehicle Information and Communication System (VICS) (registered trademark), and obtains traffic information indicating the traffic situation of the road which the host vehicle M is currently traveling or a road which the host vehicle M will be traveling..."); and
a control unit that determines a road traffic condition based on information about a road on which the [apparatus] is installed and the road traffic information (see Mimura at least [0056] "The communication apparatus 25, the vehicle sensor 30, the HMI 35, the travel drive force output apparatus 200, the steering apparatus 210, and the brake apparatus 220 are configured such that they are connected to the vehicle control apparatus 100 so as to be capable of communicating data to and from the vehicle control apparatus 100 through the communication medium." and [0058] "The communication apparatus 25 wirelessly communicates with, for example, an information providing server of a system that monitors the traffic situations of roads, such as the Vehicle Information and Communication System (VICS) (registered trademark), and obtains traffic information indicating the traffic situation of the road which the host vehicle M is currently traveling or a road which the host vehicle M will be traveling. The traffic information contains pieces of information such as information on congestion ahead, information on the times required to pass through congested areas, information on accidents, failed vehicles, and construction, information on speed restrictions and lane closures, information on the locations of parking lots, and information on the availability of parking lots and rest areas."), and provides the road traffic condition to the autonomous vehicle within a preset range or the server (see Mimura at least [0058] "The communication apparatus 25 wirelessly communicates with, for example, an information providing server of a system that monitors the traffic situations of roads, such as the Vehicle Information and Communication System (VICS) (registered trademark), and obtains traffic information indicating the traffic situation of the road which the host vehicle M is currently traveling or a road which the host vehicle M will be traveling. The traffic information contains pieces of information such as information on congestion ahead, information on the times required to pass through congested areas, information on accidents, failed vehicles, and construction, information on speed restrictions and lane closures, information on the locations of parking lots, and information on the availability of parking lots and rest areas."),
wherein the road traffic information collection unit includes:
a traffic light information collection unit that collects signal information of traffic lights within a preset range (see Mimura at least [0055] "As illustrated in FIG. 2, the host vehicle M is equipped with a communication apparatus 25, the vehicle sensor 30, the HMI 35, a travel drive force output apparatus 200, a steering apparatus 210, and a brake apparatus 220, as well as the above-described external sensor 10, navigation apparatus 20, and vehicle control apparatus 100." [0058] "The communication apparatus 25 wirelessly communicates with, for example, an information providing server of a system that monitors the traffic situations of roads, such as the Vehicle Information and Communication System (VICS) (registered trademark), and obtains traffic information indicating the traffic situation of the road which the host vehicle M is currently traveling or a road which the host vehicle M will be traveling. The traffic information contains pieces of information such as information on congestion ahead, information on the times required to pass through congested areas, information on accidents, failed vehicles, and construction, information on speed restrictions and lane closures, information on the locations of parking lots, and information on the availability of parking lots and rest areas." [0060] "The communication apparatus 25 also wirelessly communicates with, for example, an information providing server of the Traffic Signal Prediction Systems (TSPS) and obtains traffic signal information on traffic lights provided on the road which the host vehicle M is currently traveling or a road which the host vehicle M will be traveling. The TSPS serves to assist driving to smoothly cross intersections with traffic lights by using the traffic signal information on the traffic lights."); and
an unexpected situation detection unit that collects unexpected situation information on a road within a preset range (see Mimura at least [0058] "The communication apparatus 25 wirelessly communicates with, for example, an information providing server of a system that monitors the traffic situations of roads, such as the Vehicle Information and Communication System (VICS) (registered trademark), and obtains traffic information indicating the traffic situation of the road which the host vehicle M is currently traveling or a road which the host vehicle M will be traveling. The traffic information contains pieces of information such as information on congestion ahead, information on the times required to pass through congested areas, information on accidents, failed vehicles, and construction, information on speed restrictions and lane closures, information on the locations of parking lots, and information on the availability of parking lots and rest areas.").
However, while Mimura discloses a vehicle capable of receiving traffic information, it is not explicit that Mimura discloses the following information:
…a mobile road traffic information providing apparatus…
…a road traffic information collection unit that is movably installed on one side of a road and collects road traffic information…
…a road on which the road traffic information providing apparatus is installed…
Nickel, in the same field of endeavor, teaches the following:
…a mobile road traffic information providing apparatus (see Nickel at least col 4 lines 63-65 "The road objects 130, the mobile objects 150 and the RF devices 140 establish an information network for autonomous road vehicles 100.")…
…a road traffic information collection unit that is movably installed on one side of a road and collects road traffic information (see Nickel at least col 2 lines 3-7 "The transit system 110 further includes a plurality of road objects 130 that carry RF devices 140. The road objects 130 are located along the road 120. As used herein, “along the road 120” refers to on the road 120 as well as on grounds and objects 130 adjacent the road 120." col 2 lines 30-33 "The road objects 130 may also include movable traffic control devices 132. Examples of the movable traffic control devices 132 include, but are not limited to, street closure barriers and highway cones." col 2 lines 44-55 "The RF devices 140 generate and broadcast wireless identification signals 160. Encoded in the wireless identification signals 160 is information that identifies their associated objects 130 and 150. For instance, an RF device 140 carried by a fire hydrant generates and broadcasts a wireless identification signal 160 that is encoded with information that identifies the fire hydrant. This encoded identification information may include an ASCII code, an alphanumeric code, a hexadecimal code, or some other code. The encoded identification information may also include identifying features (e.g., height of the fire hydrant, diameter of the fire hydrant, and fitting size of the fire hydrant)." col 4 lines 17-32 “Additional information may be encoded in the wireless identification signals 160. For instance, the RF devices 140 carried by road objects 130 such as raised pavement markers and traffic control devices may encode road information in their wireless identification signals. The road information may include upcoming traffic information such as distances to stop signs, traffic lights, and intersections. The road information may include road topography, such as distance to changes in road curvatures and grades (e.g., the number of feet to the start of a turn with a curvature of a given radius; and the number of feet to the start of downgrade of a certain percentage). Other pertinent information may also be included, such as the speed limit posted by a speed limit sign, the street name and block number indicated in a street identification sign, exit number and street for a freeway exit sign, etc.")…
…a road on which the road traffic information providing apparatus is installed (see Nickel at least col 4 lines 17-32 “Additional information may be encoded in the wireless identification signals 160. For instance, the RF devices 140 carried by road objects 130 such as raised pavement markers and traffic control devices may encode road information in their wireless identification signals. The road information may include upcoming traffic information such as distances to stop signs, traffic lights, and intersections. The road information may include road topography, such as distance to changes in road curvatures and grades (e.g., the number of feet to the start of a turn with a curvature of a given radius; and the number of feet to the start of downgrade of a certain percentage). Other pertinent information may also be included, such as the speed limit posted by a speed limit sign, the street name and block number indicated in a street identification sign, exit number and street for a freeway exit sign, etc.")…
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the traffic information exchange such as disclosed by Mimura with a mobile road traffic information providing apparatus such as taught by Nickel with a reasonable expectation of success so as to establish an information network to enhance situational awareness (see Nickel at least col 4 line 63 – col 5 line 2).
Regarding claim 3, Mimura in view of Nickel teach the mobile road traffic information providing apparatus of claim 1, wherein the mobile road traffic information providing apparatus (see Nickel at least col 2 lines 3-7 "The transit system 110 further includes a plurality of road objects 130 that carry RF devices 140. The road objects 130 are located along the road 120. As used herein, “along the road 120” refers to on the road 120 as well as on grounds and objects 130 adjacent the road 120.") provides the road traffic information to the autonomous vehicle within the preset range (see Mimura at least [0058] "The communication apparatus 25 wirelessly communicates with, for example, an information providing server of a system that monitors the traffic situations of roads, such as the Vehicle Information and Communication System (VICS) (registered trademark), and obtains traffic information indicating the traffic situation of the road which the host vehicle M is currently traveling or a road which the host vehicle M will be traveling. The traffic information contains pieces of information such as information on congestion ahead, information on the times required to pass through congested areas, information on accidents, failed vehicles, and construction, information on speed restrictions and lane closures, information on the locations of parking lots, and information on the availability of parking lots and rest areas.").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the information exchange such as disclosed by Mimura with a mobile road traffic information providing apparatus such as further taught by Nickel with a reasonable expectation of success for reasons similar to those provided above in claim 1.
Regarding claim 4, Mimura in view of Nickel teach the mobile road traffic information providing apparatus of claim 1, wherein the road traffic information collection unit (see Nickel at least col 2 lines 3-7 "The transit system 110 further includes a plurality of road objects 130 that carry RF devices 140. The road objects 130 are located along the road 120. As used herein, “along the road 120” refers to on the road 120 as well as on grounds and objects 130 adjacent the road 120.") collects the road traffic information from the autonomous vehicle within the preset range (see Mimura at least [0059] "The communication apparatus 25 may obtain the traffic information by, for example, communicating with a radio beacon provided on a side margin of the road or the like or performing vehicle-to-vehicle communication with another vehicle traveling around the host vehicle M.").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the information exchange such as disclosed by Mimura with a road traffic information collection unit such as further taught by Nickel with a reasonable expectation of success for reasons similar to those provided above in claim 1.
Regarding claim 6, Mimura in view of Nickel teach the mobile road traffic information providing apparatus of claim 1, further comprising a moving unit that moves (see Mimura at least [0143] "As illustrated in FIG. 6, the outside information obtaining unit 311 has a function of obtaining outside information containing the traveling state of leading vehicle 7a detected by the external sensor 10 (see FIG. 2) and present ahead of the host vehicle M in the direction of advance (see FIG. 8A, for example) and the traveling states of trailing vehicles 8 and 9 detected by the external sensor 10 and present behind the host vehicle M in the direction of advance (see FIG. 8A, for example). The outside information obtaining unit 311 is a functional member corresponding to the recognition unit 140 of the vehicle control apparatus 100 illustrated in FIG. 2." [0145] "As illustrated in FIG. 6, the congestion information obtaining unit 313 has a function of obtaining congestion information on congestion ahead of the host vehicle M in the direction of advance. The congestion information obtaining unit 313 is a functional member corresponding to the recognition unit 140 of the vehicle control apparatus 100 illustrated in FIG. 2." [0147] "As illustrated in FIG. 6, the traffic signal information obtaining unit 315 has a function of obtaining traffic signal information on a traffic light 6 present at an intersection TJ ahead of the host vehicle M in the direction of advance (see FIG. 8A, for example). The traffic signal information obtaining unit 315 is a functional member corresponding to the recognition unit 140 of the vehicle control apparatus 100 illustrated in FIG. 2.") the road traffic information providing apparatus (see Nickel at least col 4 lines 63-65 "The road objects 130, the mobile objects 150 and the RF devices 140 establish an information network for autonomous road vehicles 100.");
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the information exchange such as disclosed by Mimura with a road traffic information providing apparatus such as further taught by Nickel with a reasonable expectation of success for reasons similar to those provided above in claim 1.
Regarding claim 7, Mimura in view of Nickel teach the mobile road traffic information providing apparatus of claim 1, further comprising a display unit that displays the collected road traffic information (see Mimura at least [0077] "The multi-information panel 87 displays, for example: map information on the area around the host vehicle M; information on the current position of the host vehicle M on the map; traffic information (including traffic signal information) on the road which the host vehicle M is currently traveling or a route which the host vehicle M will be traveling; traffic participant information on traffic participants (including pedestrians, bicycles, motorcycles, other vehicles, and so on) present around the host vehicle M; various pieces of information such as messages to be presented to the traffic participants; and so on." [0193] "Also, in the second information presenting state, in addition to the above-described presenting state, that the traffic signal is about to change soon from red to green is presented by using a character message “Turning green soon” with the rear display unit 97, as illustrated in FIG. 10C." [0195] "Further, in the second information presenting state, if the traffic signal has changed from red to green but the T-shaped intersection TJ is congested, thereby requiring the vehicles to remain stopped, that it is impossible to move forward due to the traffic congestion is presented by using a character message “Traffic jam ahead” with the rear display unit 97, as illustrated in FIG. 10E.").
Regarding claim 8, Mimura in view of Nickel teach the analogous material of that in claim 1 as recited in the instant claim and is reject for similar reasons. Additionally, Nickel teaches …a mobile road traffic information providing system (see Nickel at least Abs and col 4 lines 63-65 "The road objects 130, the mobile objects 150 and the RF devices 140 establish an information network for autonomous road vehicles 100.")…
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the information exchange such as disclosed by Mimura with a system such as further taught by Nickel with a reasonable expectation of success for reasons similar to those provided above in claim 1.
Regarding claim 9, Mimura in view of Nickel teach the analogous material of that in claim 3 as recited in the instant claim and is reject for similar reasons.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Mimura in view of Nickel, and further in view of Morita (US-2018/0301034).
Regarding claim 2, Mimura in view of Nickel teach the mobile road traffic information providing apparatus of claim 1. However, neither Mimura nor Nickel explicitly disclose or teach the road traffic information collection unit further includes a weather information collection unit that collects weather information from the server based on information about a location in which the road traffic information providing apparatus is installed.
Morita, in the same field of endeavor, teaches the following:
the road traffic information collection unit further includes a weather information collection unit that collects weather information from the server based on information about a location in which the road traffic information providing apparatus is installed (see Morita at least [0081]-[0083] "…The base station 400, a route assignment server 200, a charging server 300, and a weather information server 600 communicate with one another through a network 500. The vehicle 100 and the manual driving requesting vehicle 160 transmit a request for traveling (travel request) to the route assignment server 200 through the base station 400 and the network 500. The route assignment server 200 calculates the route assignment of each vehicle 100 based on the travel request and the previously received travel request of another vehicle 100. The route assignment server 200 transmits the route assignment to each vehicle 100 as necessary. The route assignment server 200 acquires weather information from the weather information server 600. The route assignment server 200 acquires vehicle information from the vehicle 100 and the manual driving requesting vehicle 160. The route assignment server 200 acquires environmental information measured by the vehicle 100 and the manual driving requesting vehicle 160. If the manual driving requesting vehicle 160 travels by manual driving, the manual driving requesting vehicle 160 always notifies the route assignment server 200 of the vehicle information including driving information such as a position, a speed, an acceleration, an actual steering angle, a vehicle body direction. The route assignment server 200 calculates route assignment of each vehicle by taking into account the notified weather information, vehicle information, and environmental information.").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the road traffic information collection unit as taught by Mimura in view of Nickel with a weather information collection unit such as taught by Morita with a reasonable expectation of success so as to assist with travel planning for a vehicle (see Morita at least [0063]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Mimura in view of Nickel, and further in view of Ueno et al. (US-2023/0343208; hereinafter Ueno).
Regarding claim 5, Mimura in view of Nickel teach the mobile road traffic information providing apparatus of claim 1, wherein the road traffic information collection unit (see Nickel at least col 2 lines 3-7 "The transit system 110 further includes a plurality of road objects 130 that carry RF devices 140. The road objects 130 are located along the road 120. As used herein, “along the road 120” refers to on the road 120 as well as on grounds and objects 130 adjacent the road 120.") detects an unexpected situation within the preset range (see Mimura at least [0058] "The communication apparatus 25 wirelessly communicates with, for example, an information providing server of a system that monitors the traffic situations of roads, such as the Vehicle Information and Communication System (VICS) (registered trademark), and obtains traffic information indicating the traffic situation of the road which the host vehicle M is currently traveling or a road which the host vehicle M will be traveling. The traffic information contains pieces of information such as information on congestion ahead, information on the times required to pass through congested areas, information on accidents, failed vehicles, and construction, information on speed restrictions and lane closures, information on the locations of parking lots, and information on the availability of parking lots and rest areas.") …
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the information exchange such as disclosed by Mimura with a road traffic information collection unit such as further taught by Nickel with a reasonable expectation of success for reasons similar to those provided above in claim 1.
However, neither Mimura nor Nickel explicitly disclose or teach …the road traffic information collection unit detects [information] using at least one selected from a group including a camera, a radar, and a light detection and ranging (LiDAR).
Ueno, in the same field of endeavor, teaches the following:
…the road traffic information collection unit detects [information] using at least one selected from a group including a camera, a radar, and a light detection and ranging (LiDAR) (see Ueno at least [0186]-[0187] "In the variant of the second embodiment, the roadside device 3 is provided with a camera 35 for collecting shot images of record points... Examples of methods for acquiring relative position data involve three-point surveying using the parallax of the camera 11, and positioning based on the distance measured by the radar (not shown) provided in the roadside device 3.").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the mobile road traffic information providing apparatus as taught by Mimura in view of Nickel with a sensor capable of detecting information such as taught by Ueno with a reasonable expectation of success for the sake of detecting and recognizing the surroundings of a specific road area (see Ueno at least [0004]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Heise (US-2019/0180615) teaches a system and method of adjusting traffic light controls according to a vehicle’s trajectory and urgency.
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/S.P.R./Examiner, Art Unit 3663
/ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663