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 .
DETAILED ACTION
Claims 8-14, 21-33 have been examined. Claims 1-7 and 15-20 have been canceled.
Election/Restrictions
Applicant’s election without traverse of Group II (Claims 8-14) in the reply filed on June 22, 2026 is acknowledged.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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(s) 8-13, 21-26, 28-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mueck et al., US 2023/0292243 A1, in view of Zhang et al., US 2020/0196240 A1.
Claim 8:
Mueck et al. discloses a wireless VRU communication system including VRU device 610v, VRU 616, personal computing system 1000, V2X/ITS communications, and a server/cloud system 690. See US 2023/0292243 A1, FIGS. 6 and 10, paras. [0043], [0058], and [0070]-[0071].
Mueck et al. further discloses determining VRU context based on the location/position of the VRU relative to vehicular traffic and/or a roadway. See id., para. [0043].
Mueck et al. expressly teaches that the VRU determines whether it is in a high-risk, mid-risk, low-risk, or zero-risk geographical area based on information obtained through positioning circuitry and/or navigation applications. See id., para. [0058].
Mueck et al. further discloses adjusting the VRU's transmission frequency according to the VRU's contextual/risk condition. In particular, as the VRU moves from a low-risk geographical area toward a higher-risk geographical area, the VRU's transmission/reception functions are increased, including by increasing the frequency of transmission. See id., para. [0049].
Mueck et al. additionally discloses V2X/ITS VRU messages, including VAMs, and information associated with the position and movement of the VRU. Mueck et al. explains that PoTi information provides the position of the ITS-S and includes movement parameters including horizontal speed, velocity, and heading. See id., para. [0108].
Mueck et al. further discloses computing architecture including processor circuitry, memory circuitry, storage circuitry, and communication circuitry/transmitters. See id., FIG. 12, paras. [0119]-[0120] and [0126]-[0127].
Zhang et al. discloses a V2X system including pedestrian/user equipment, a base station, and a server. Zhang et al. expressly describes pedestrian UE 916 transmitting safety messages to base station 902, with base station 902 relaying the safety messages or information derived from the safety messages to server 904. See US 2020/0196240 A1, FIG. 9 and accompanying discussion.
Zhang et al. further discloses that the safety messages include movement information such as speed and position/location information such as latitude, longitude, and elevation. See id., discussion of routine safety messages and FIG. 10.
Zhang et al. also discloses periodic transmission of safety messages and adjustment of the safety-message frequency/periodicity. The frequency can be adjusted based on conditions associated with the UE, including mobility conditions, and the UE may autonomously increase or decrease the outgoing safety-message frequency. See id., discussion of safety-message frequency adjustment.
Accordingly, Zhang et al. provides an express disclosure of transmitting a pedestrian/VRU UE safety report through network infrastructure to a server and of including location and speed information in the transmitted report.
“An apparatus for wireless communication”
Mueck et al. discloses a VRU device 610v configured for wireless V2X/ITS communication. Mueck et al. further identifies personal computing system 1000 associated with the VRU device. See US 2023/0292243 A1, FIG. 6, FIG. 10, paras. [0070]-[0071].
The VRU device is therefore an apparatus used for wireless communication.
“the apparatus comprising: at least one memory”
Mueck et al. discloses a computing architecture including memory circuitry 1210 and storage circuitry 1220. Mueck et al. explains that the memory/storage stores instructions and data used by processor circuitry. See US 2023/0292243 A1, FIG. 12, paras. [0119]-[0120].
Thus, Mueck et al. expressly provides at least one memory.
“at least one processor coupled to the at least one memory and configured to:”
Mueck et al. discloses processor circuitry 1202 in compute node 1200 together with memory circuitry 1210 and storage circuitry 1220. Mueck et al. explains that processor circuitry executes instructions stored in the memory/storage. See US 2023/0292243 A1, FIG. 12, paras. [0119]-[0120].
The disclosed processor therefore performs the operations using instructions stored in the disclosed memory.
“determine vulnerable-road-user (VRU) context information associated with a VRU user equipment (UE)”
Mueck et al. expressly identifies VRU 616 and VRU device 610v. See US 2023/0292243 A1, FIG. 6.
Mueck et al. further explains that the VRU determines whether it is in a high-risk, mid-risk, low-risk, or zero-risk geographical area based on information/data obtained through positioning circuitry and/or navigation applications. See id., para. [0058].
Mueck et al. additionally explains that VRU communication is activated according to whether the VRU is in a potentially vulnerable state or situation, including based on the VRU's location/position with respect to vehicular traffic and/or a roadway. See id., para. [0043].
Thus, Mueck et al. determines contextual information associated with the VRU device/UE, including the VRU's location/risk condition.
“determine, based on the VRU context information, an updated VRU-message reporting frequency for the VRU UE”
Mueck et al. expressly discloses changing the transmission frequency based on the VRU's contextual/risk condition.
Mueck et al., paragraph [0049], explains that as the VRU moves from a low-risk geographical area into a mid-risk geographical area, the VRU's transmission/reception functions are gradually increased as the VRU approaches a high-risk geographical area. The disclosure specifically states that this can include gradually increasing the frequency of transmission. See US 2023/0292243 A1, para. [0049].
Thus, Mueck et al. teaches:
VRU context/risk condition → adjustment of VRU transmission frequency.
This corresponds to determining an updated VRU-message reporting frequency based on VRU context information.
“cause at least one transmitter to transmit, to a server”
Transmitter
Mueck et al. discloses wireless communication circuitry including transmitters and receivers and describes transmission of V2X/ITS messages by the VRU device/ITS-S. See US 2023/0292243 A1, FIG. 12, paras. [0126]-[0127], and FIGS. 6-8.
Thus, Mueck et al. supplies the claimed transmitter and transmission operation.
“to a server”
Zhang et al. expressly discloses the claimed server-reporting arrangement.
FIG. 9 of Zhang et al. shows pedestrian UE 916, base station 902, and server 904. Zhang et al. explains that pedestrian UE 916 transmits safety messages to base station 902 and that base station 902 may relay the safety messages or information derived from the safety messages to server 904. See US 2020/0196240 A1, FIG. 9 and accompanying discussion.
Thus, Zhang et al. expressly teaches transmission of a pedestrian/VRU UE safety message through network infrastructure to a server.
“a VRU report according to the updated VRU-message reporting frequency”
Mueck et al. discloses VRU V2X/ITS messages, including VAMs, transmitted by a VRU ITS-S. Mueck et al. further discloses that the transmission frequency is adjusted according to VRU context, including movement between different risk geographical areas. See US 2023/0292243 A1, paras. [0043], [0049], [0058], and discussion of FIGS. 7-8.
Zhang et al. independently discloses periodic safety messages transmitted by a pedestrian UE and adjustment of the safety-message transmission frequency/periodicity. See US 2020/0196240 A1, FIG. 9 and accompanying discussion of safety-message frequency adjustment.
Accordingly, Mueck et al. supplies the context-dependent frequency-control mechanism for VRU communications, while Zhang et al. supplies the explicit UE-to-server safety-message reporting arrangement.
“the VRU report including information associated with at least one of a location of the VRU UE”
Zhang et al. expressly discloses that safety messages include position/location information, including latitude, longitude, and elevation. See US 2020/0196240 A1, discussion of routine safety messages and FIG. 10.
Zhang et al. further describes transmission of those safety messages from pedestrian UE 916 through base station 902 to server 904. See id., FIG. 9 and accompanying discussion.
Thus, Zhang et al. teaches a UE-transmitted report containing location information and provided through network infrastructure to a server.
“a speed of the VRU UE”
Zhang et al. expressly discloses that the safety messages include movement information, including speed. See US 2020/0196240 A1, discussion of routine safety messages and FIG. 10.
Zhang et al. therefore expressly provides speed information in the transmitted safety message.
Because claim 8 recites “at least one of” location, speed, or heading, disclosure of either location or speed is sufficient to satisfy this portion of the claim.
“or a heading of the VRU UE”
Mueck et al. expressly discloses that PoTi information associated with the ITS-S includes movement parameters including horizontal speed, velocity, and heading. See US 2023/0292243 A1, para. [0108].
However, it is unnecessary to rely upon heading for the rejection because Zhang et al. expressly discloses the other two alternatives—location and speed—and claim 8 requires only “at least one of” the three.
Mueck et al. and Zhang et al. are directed to the same general technical field of wireless V2X/ITS communications involving VRUs/pedestrians.
Mueck et al. provides the VRU-specific mechanism of determining contextual/risk information and changing the VRU's transmission frequency based on that context. See US 2023/0292243 A1, paras. [0043], [0049], and [0058].
Zhang et al. provides a known pedestrian-UE safety-message implementation in which the UE transmits safety messages containing location and speed information through network infrastructure to a server, with the transmission frequency being adjustable. See US 2020/0196240 A1, FIG. 9 and accompanying safety-message disclosures.
It would have been obvious at the time the invention before the effective filing date of the claimed invention was made to implement the VRU communication system of Mueck et al. using the known pedestrian-UE safety-message reporting arrangement of Zhang et al., including transmission of location and/or speed information through network infrastructure to a server.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
More particularly, the modification would use Zhang et al.'s known UE-to-server safety-message architecture with Mueck et al.'s VRU device and context-dependent transmission-frequency control. Mueck et al.'s VRU would continue to determine its contextual/risk condition and adjust its transmission frequency, while Zhang et al.'s known safety-message architecture would provide a specific implementation for transmitting the VRU report containing location and/or speed information to the server.
The proposed combination would use the respective components for their established purposes. The context-dependent frequency-control mechanism of Mueck et al. would retain its function, while the safety-message and server communication arrangement of Zhang et al. would retain its function.
A person of ordinary skill in the art would have had a reasonable expectation of success because Mueck et al. and Zhang et al. employ compatible V2X/ITS wireless communication architectures and both concern communications involving pedestrian/VRU devices.
Mueck et al. already provides a VRU wireless device capable of transmitting V2X/ITS messages and adjusting transmission frequency according to VRU context. Zhang et al. already provides a pedestrian UE that transmits safety messages containing location and speed information through network infrastructure to a server.
Applying Zhang et al.'s known reporting architecture to Mueck et al.'s VRU device would therefore involve conventional use of the same type of wireless UE/V2X communication infrastructure for its established purpose.
It would have been obvious at the time the invention before the effective filing date of the claimed invention was made to combine the VRU-context and context-dependent transmission-frequency teachings of Mueck et al. with the pedestrian-UE safety-message and server-reporting teachings of Zhang et al.
The resulting system would include:
a VRU wireless communication apparatus;
memory and processor circuitry;
determination of VRU context information;
determination of an updated transmission/reporting frequency based on that context;
a transmitter;
transmission of a VRU/safety report through network infrastructure to a server; and
location and/or speed information in the transmitted report.
Claim 9:
Mueck et al. discloses vulnerable road user (VRU) equipment operating in V2X/ITS communication systems. Mueck explains that VRU communication may be activated, deactivated, or otherwise parameterized according to contextual information associated with the VRU.
Mueck expressly discloses contextual activation and parameterization of VRU communication based on the position/location of the VRU with respect to vehicular traffic and/or road infrastructure. See US 2023/0292243 A1, para. [0154].
Mueck further discloses location-based VRU communication in which a VRU's geolocation is used to configure or activate/deactivate ITS/V2X communication functionality. See US 2023/0292243 A1, paras. [0132]-[0137].
Mueck also discloses that when the VRU is in a remote area sufficiently spaced from road infrastructure, VRU communication functionality may be disabled, while communication functionality increases as the VRU approaches roadway infrastructure. See US 2023/0292243 A1, paras. [0093]-[0095].
Thus, Mueck specifically discloses obtaining and using the location of the VRU relative to a road/road infrastructure as VRU context information.
Zhang et al.
Zhang et al. discloses pedestrian user equipment (PUE) participating in a V2X network and transmitting safety messages containing information associated with the pedestrian UE.
Zhang explains that safety messages may include position or location information and movement information of the UE. See US 2020/0196240 A1, paras. [0078]-[0080].
Zhang further discloses a V2X network architecture in which a pedestrian UE transmits safety messages to a base station and the base station may relay the safety messages or information derived from the safety messages to a server. See US 2020/0196240 A1, paras. [0068]-[0072].
Zhang therefore provides a complementary network/server architecture for transmitting VRU/PUE location information to network infrastructure and a server.
Claim 9 depends from claim 8 and therefore incorporates all limitations of claim 8.
Claim 8 recites an apparatus comprising at least one memory and at least one processor coupled to the memory and configured to:
determine VRU context information associated with a VRU UE;
determine, based on the VRU context information, an updated VRU-message reporting frequency for the VRU UE; and
cause at least one transmitter to transmit, to a server, a VRU report according to the updated VRU-message reporting frequency, the VRU report including information associated with at least one of a location of the VRU UE, a speed of the VRU UE, or a heading of the VRU UE.
Mueck discloses VRU equipment configured for V2X/ITS communications and context-dependent adjustment of VRU communication operation. Mueck expressly teaches location-based and contextual control of VRU communication based on the VRU's position/location relative to vehicular traffic and road infrastructure. See US 2023/0292243 A1, paras. [0092]-[0095], [0132]-[0137], and [0154].
Mueck further discloses that communication frequency is changed according to the VRU's contextual location. In particular, when a VRU moves toward areas populated by vehicles, the frequency of transmission and/or reception of corresponding V2X/ITS messages is gradually increased. See US 2023/0292243 A1, para. [0094].
Mueck also discloses processor circuitry, memory circuitry, and communication circuitry for implementing the VRU communication operations. See US 2023/0292243 A1, paras. [0240]-[0257].
Zhang supplies the complementary network/server transmission architecture. Zhang discloses PUE safety messages transmitted to a base station and relayed to a server, with the safety messages including position information. See US 2020/0196240 A1, paras. [0068]-[0072] and [0078]-[0080].
Accordingly, the limitations inherited from claim 8 are supplied by the combination of Mueck and Zhang.
“wherein the VRU context information comprises at least one of: a location of the VRU UE relative to a road”
Mueck expressly discloses this limitation.
Mueck states that contextual activation and parameterization of VRU communication is based on the position/location of the VRU with respect to vehicular traffic and/or road infrastructure. See US 2023/0292243 A1, para. [0154].
Mueck further discloses location-based VRU communication in which a navigation application and/or network uses map data and the geolocation of the UE/VRU device to activate or deactivate ITS/V2X communication functionality. See US 2023/0292243 A1, paras. [0132]-[0137].
Mueck additionally discloses that VRU communication functionality depends on the VRU's spacing from road infrastructure. Specifically, a VRU in a remote area sufficiently spaced from road infrastructure may have its communication functionality switched off, while communication functionality is increased as the VRU moves closer to road infrastructure. See US 2023/0292243 A1, paras. [0093]-[0095].
The disclosed position/location of the VRU with respect to road infrastructure corresponds directly to the claimed “location of the VRU UE relative to a road.”
Mueck and Zhang are directed to related V2X communication systems involving pedestrian/VRU equipment and transmission of information associated with those devices.
Mueck specifically provides the context-dependent VRU communication mechanism, including use of the VRU's position/location relative to road infrastructure to control V2X/ITS communication. See US 2023/0292243 A1, paras. [0092]-[0095] and [0154].
Zhang provides a complementary V2X network architecture in which pedestrian UE safety messages containing position information are transmitted through a base station and may be relayed to a server. See US 2020/0196240 A1, paras. [0068]-[0072] and [0078]-[0080].
it would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's context-dependent VRU communication arrangement in the network/server reporting architecture of Zhang so that the location-based VRU information and frequency-controlled VRU messages are transmitted through the V2X network to a server.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
The proposed combination would retain the respective functions of the references. Mueck would continue to determine VRU roadway context using the VRU's location relative to road infrastructure and adjust V2X/ITS communication operation, while Zhang's network would continue to receive pedestrian/VRU safety messages containing position information and relay the information to a server.
The combination would have had a reasonable expectation of success because both references employ conventional V2X wireless communication systems for pedestrian/VRU equipment. The modification uses Zhang's disclosed network/server communication path for the location-dependent VRU messages disclosed by Mueck without changing the underlying location determination or frequency-control functionality.
Mueck expressly discloses the additional limitation of claim 9 by teaching that VRU communication is contextually activated and parameterized based on the position/location of the VRU with respect to road infrastructure, and that VRU communication operation is controlled according to that location. See US 2023/0292243 A1, paras. [0092]-[0095], [0132]-[0137], and [0154].
The claim-8 inherited limitations concerning transmission of the VRU report to a server are supplied by the combination with Zhang, which expressly discloses pedestrian UE safety messages containing position information and transmission through a base station to a server. See US 2020/0196240 A1, paras. [0068]-[0072] and [0078]-[0080].
Claim 10:
Mueck et al. discloses vulnerable road user (VRU) equipment operating in V2X/ITS communications and determining communication operation according to contextual information associated with the VRU. Mueck specifically discloses contextual activation based on the position/location of the VRU with respect to vehicular traffic and/or road infrastructure. See US 2023/0292243 A1, paras. [0038]-[0045].
Mueck further discloses different geographical/risk areas associated with the VRU's location relative to roadway infrastructure. Mueck expressly describes a VRU located in a remote area that is sufficiently spaced from road infrastructure. See US 2023/0292243 A1, para. [0042].
Mueck further teaches that as the VRU moves closer to road infrastructure, communication functionality is increased, including increasing the frequency of V2X/ITS message transmission and/or reception. See US 2023/0292243 A1, paras. [0042]-[0045].
Mueck therefore expressly discloses roadway-related VRU context based on the VRU's location relative to road infrastructure and specifically discloses a VRU being sufficiently distant from road infrastructure.
Zhang et al. discloses pedestrian user equipment (PUE) operating in a V2X communication system and transmitting safety messages through network infrastructure.
Zhang discloses a V2X network including a base station and a server, wherein a PUE transmits safety messages to the base station and the base station relays the safety messages or information associated with the safety messages to the server for processing. See US 2020/0196240 A1, paras. [0068]-[0072].
Zhang further discloses that the safety messages include position information and mobility information, including speed and direction, and that safety-message transmission scheduling/frequency may be adjusted according to movement, mobility, location, traffic environment, coverage, and power considerations. See US 2020/0196240 A1, paras. [0078]-[0080] and [0106]-[0109].
Claim 10 depends from claim 8 and therefore incorporates all limitations of claim 8.
Claim 8 recites an apparatus comprising at least one memory and at least one processor coupled to the memory and configured to determine VRU context information associated with a VRU UE, determine, based on the VRU context information, an updated VRU-message reporting frequency for the VRU UE, and cause at least one transmitter to transmit, to a server, a VRU report according to the updated VRU-message reporting frequency, the VRU report including information associated with at least one of a location of the VRU UE, a speed of the VRU UE, or a heading of the VRU UE.
Mueck discloses VRU equipment configured for V2X/ITS communication and contextual adjustment of V2X/ITS communication operation according to the VRU's position/location relative to roadway infrastructure. See US 2023/0292243 A1, paras. [0038]-[0045] and [0180]-[0185].
Mueck further discloses processor circuitry, memory circuitry, and communication circuitry for implementing the disclosed VRU communication operations. See US 2023/0292243 A1, paras. [0240]-[0244] and [0254]-[0257].
Mueck also discloses changing V2X/ITS message transmission/reception frequency according to the VRU's contextual location, including increasing the frequency as the VRU moves closer to road infrastructure. See US 2023/0292243 A1, paras. [0042]-[0045] and [0182]-[0185].
Zhang supplies the complementary network/server reporting arrangement. Zhang discloses PUE safety messages transmitted to a base station and relayed to a server, with the safety messages including position and mobility information. See US 2020/0196240 A1, paras. [0068]-[0072] and [0078]-[0080].
Accordingly, the limitations inherited from claim 8 are supplied by the combination of Mueck and Zhang.
“wherein the VRU context information comprises an indication that the VRU UE is at least one of ...”
Mueck expressly discloses determining VRU context according to the position/location of the VRU relative to road infrastructure. Mueck describes contextual activation based on the position/location of the VRU with respect to vehicular traffic and/or roadway infrastructure and further describes different geographical/risk areas based on that location. See US 2023/0292243 A1, paras. [0038]-[0045].
Thus, Mueck specifically discloses an indication of roadway-related VRU context.
“distant from the road”
Mueck expressly discloses this limitation.
Mueck describes a VRU located in a remote area sufficiently spaced from road infrastructure. See US 2023/0292243 A1, para. [0042].
Mueck further explains that when the VRU is in such a remote area, communication functionality may be reduced or switched off. As the VRU moves closer to road infrastructure, the communication functionality increases, including an increase in the frequency of V2X/ITS message transmission and/or reception. See US 2023/0292243 A1, paras. [0042]-[0045].
The disclosure of a VRU in a remote area sufficiently spaced from road infrastructure corresponds directly to the claimed condition that the VRU UE is “distant from the road.”
Thus, the additional limitation of claim 10 is expressly disclosed by Mueck.
Because claim 10 requires “at least one of” the listed conditions, the express disclosure of this one condition is sufficient to meet the additional limitation.
Mueck and Zhang both concern V2X communications involving pedestrian/VRU equipment and transmission of information associated with those devices.
Mueck provides the roadway-context mechanism, including determining communication operation according to the VRU's position relative to road infrastructure and modifying V2X/ITS message transmission/reception frequency according to that context. See US 2023/0292243 A1, paras. [0038]-[0045] and [0180]-[0185].
Zhang provides a complementary V2X network architecture in which pedestrian UE safety messages are transmitted through a base station and relayed to a server, with the messages containing position and mobility information. See US 2020/0196240 A1, paras. [0068]-[0072] and [0078]-[0080].
it would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's context-dependent VRU communication arrangement in the network/server reporting architecture of Zhang so that the VRU messages whose transmission operation is controlled according to roadway context are transmitted through the V2X network to a server.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
The proposed combination would retain the respective functions of the references. Mueck's VRU equipment would continue to determine roadway-related VRU context and adjust V2X/ITS communication operation according to that context, while Zhang's network would continue to receive pedestrian/VRU safety messages and relay the messages or associated information to a server.
The combination would have had a reasonable expectation of success because both references employ V2X wireless communication systems for pedestrian/VRU equipment and transmission of location-related information. The proposed modification uses Zhang's disclosed network/server reporting architecture for the V2X messages whose communication behavior is controlled according to Mueck's disclosed roadway context. No change to Mueck's disclosed determination of roadway-related context is required.
Mueck expressly discloses the additional limitation of claim 10 by teaching a VRU located in a remote area sufficiently spaced from road infrastructure, corresponding to the claimed condition that the VRU UE is “distant from the road.” Mueck further teaches that V2X/ITS communication operation, including message transmission/reception frequency, changes according to the VRU's roadway context. See US 2023/0292243 A1, paras. [0042]-[0045] and [0182]-[0185].
The limitations incorporated from claim 8 are supplied by the combination with Zhang, which expressly discloses pedestrian UE safety-message transmission through a base station to a server and inclusion of position and mobility information in the safety messages. See US 2020/0196240 A1, paras. [0068]-[0072] and [0078]-[0080].
The rejection therefore rests on specifically identified disclosures and an articulated rationale for combining the references, rather than on an unsupported assertion that the claimed subject matter was merely known or obvious.
Claim 11:
Mueck et al. discloses vulnerable road user (VRU) equipment operating in V2X/ITS communications and adjusting VRU communication operation based on the VRU's contextual circumstances, including the VRU's position/location relative to vehicular traffic and road infrastructure. Mueck describes contextual activation and parameterization of VRU communication based on the position/location of the VRU relative to vehicular traffic and roadway infrastructure. See US 2023/0292243 A1, paras. [0038]-[0045].
Mueck specifically discloses that VRU communication may be automatically switched off when the VRU is in a remote area sufficiently spaced from road infrastructure. Mueck then expressly states that, as the VRU moves closer to the road infrastructure or toward areas populated by vehicles, the VRU communication functionality is gradually increased. See US 2023/0292243 A1, paras. [0046]-[0047].
Mueck further expressly teaches that the increased communication functionality includes gradually increasing the frequency of transmission and/or reception of V2X/ITS messages as the VRU approaches the road infrastructure. See US 2023/0292243 A1, para. [0047].
Mueck therefore specifically discloses determining an increase in the VRU communication/reporting frequency based on the VRU becoming proximate to road infrastructure.
Zhang et al. discloses pedestrian user equipment (PUE) operating in a V2X communication network and transmitting safety messages through network infrastructure. Zhang discloses a V2X network including a base station and a server, wherein a PUE transmits safety messages to the base station and the base station may relay the safety messages or information derived from the safety messages to the server. See US 2020/0196240 A1, paras. [0068]-[0072].
Zhang further discloses that safety messages include position and mobility information, including speed and direction, and that safety-message transmission scheduling/frequency may be dynamically adjusted according to movement, mobility, and traffic-related conditions. See US 2020/0196240 A1, paras. [0078]-[0080] and [0106]-[0109].
Claim 11 depends from claim 10 and therefore incorporates the limitations of claims 10 and 8.
Claim 8 requires an apparatus comprising memory and a processor configured to determine VRU context information associated with a VRU UE, determine an updated VRU-message reporting frequency based on the VRU context information, and cause a transmitter to transmit a VRU report to a server according to the updated reporting frequency, the VRU report including information associated with at least one of the location, speed, or heading of the VRU UE.
Mueck discloses VRU equipment configured for V2X/ITS communication and context-dependent adjustment of communication operation and transmission/reception frequency based on VRU roadway context. See US 2023/0292243 A1, paras. [0038]-[0047].
Mueck further discloses processor circuitry, memory circuitry, and communication circuitry for implementing the VRU communication operations. See US 2023/0292243 A1, paras. [0240]-[0244] and [0254]-[0257].
Zhang supplies the complementary network/server reporting arrangement. Zhang expressly discloses PUE safety messages transmitted to a base station and relayed to a server, with the messages containing position and mobility information. See US 2020/0196240 A1, paras. [0068]-[0072] and [0078]-[0080].
Accordingly, the limitations inherited from claim 8 are supplied by the combination of Mueck and Zhang.
“wherein determining the updated VRU-message reporting frequency comprises determining an increase in the updated VRU-message reporting frequency for the VRU UE”
Mueck expressly discloses increasing the VRU communication frequency according to the VRU's roadway context.
Mueck explains that VRU communication may be switched off when the VRU is in a remote area sufficiently spaced from road infrastructure. Mueck then expressly states that, as the VRU moves closer to road infrastructure or toward areas populated by vehicles, the VRU communication functionality is gradually increased. See US 2023/0292243 A1, paras. [0046]-[0047].
Mueck specifically identifies the increased functionality as including a gradual increase in the frequency of transmission and/or reception of V2X/ITS messages. See US 2023/0292243 A1, para. [0047].
Thus, Mueck expressly discloses determining an increase in the updated VRU-message reporting frequency.
“based on a determination that the VRU UE is at least one of … ‘proximate to the road’”
Mueck expressly discloses the claimed relationship.
Mueck teaches that a VRU may initially be located in a remote area sufficiently spaced from road infrastructure and that, as the VRU moves closer to the road infrastructure, the VRU communication functionality is gradually increased. See US 2023/0292243 A1, paras. [0046]-[0047].
Mueck further specifies that this increased functionality includes gradually increasing the frequency of transmission and/or reception of V2X/ITS messages as the VRU moves closer to the road infrastructure. See id., para. [0047].
Accordingly, Mueck expressly teaches:
determining that the VRU is becoming proximate to road infrastructure; and
based on that roadway proximity, increasing the frequency of V2X/ITS message transmission/reception.
The claimed “proximate to the road” condition is therefore specifically disclosed by Mueck, and the claimed increase in the updated reporting frequency is specifically disclosed as the corresponding consequence of that roadway-proximity determination.
Mueck and Zhang both concern wireless V2X communications involving pedestrian/VRU equipment and transmission of safety-related messages.
Mueck provides the specific context-dependent frequency-control mechanism, including increasing V2X/ITS message transmission/reception frequency as the VRU moves closer to road infrastructure. See US 2023/0292243 A1, paras. [0046]-[0047].
Zhang provides a complementary V2X network architecture in which pedestrian UE safety messages are transmitted through a base station and may be relayed to a server, with the messages including position and mobility information. See US 2020/0196240 A1, paras. [0068]-[0072] and [0078]-[0080].
it would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's context-dependent increase in VRU V2X/ITS message frequency in the network/server reporting architecture of Zhang, so that the frequency-adjusted VRU messages are transmitted through the network to a server.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
The proposed combination would retain the established functions of the respective references. Mueck's VRU equipment would continue to determine roadway context and increase V2X/ITS message frequency as the VRU approaches road infrastructure, while Zhang's V2X network would continue to receive pedestrian/VRU safety messages and relay the messages or information derived from the messages to a server.
The combination would have had a reasonable expectation of success because both references employ conventional V2X wireless communication arrangements for transmitting information associated with pedestrian/VRU equipment. Applying Zhang's disclosed network/server reporting architecture to Mueck's frequency-controlled VRU messages would use each reference's communication components for their disclosed purposes and would not require a change to the underlying frequency-control mechanism disclosed by Mueck.
Mueck specifically discloses the additional limitation of claim 11 by teaching that, as the VRU moves closer to road infrastructure, VRU communication functionality is gradually increased, including a gradual increase in the frequency of V2X/ITS message transmission and reception. See US 2023/0292243 A1, paras. [0046]-[0047].
The claim-8 inherited limitations concerning transmission of the VRU report to a server are supplied by Zhang's disclosed PUE/base-station/server V2X architecture. See US 2020/0196240 A1, paras. [0068]-[0072].
Claim 12:
Mueck et al. discloses a vulnerable road user (VRU) device operating in a V2X/ITS communication system and adjusting VRU communication functionality based on the position/location of the VRU relative to vehicular traffic and roadway infrastructure.
Mueck expressly discloses that contextual activation and parameterization of VRU communication is based on the position/location of the VRU with respect to vehicular traffic and/or road infrastructure. See US 2023/0292243 A1, paras. [0038]-[0045].
Mueck further discloses that when the VRU is in a remote area sufficiently spaced from road infrastructure, the VRU communication functionality may be automatically switched off. See US 2023/0292243 A1, para. [0042].
More particularly, Mueck discloses that as the VRU moves from a higher-risk geographical area toward a lower-risk geographical area, the VRU's transmit and/or reception functions are gradually decreased, including gradually decreasing the frequency of transmission and/or reception of V2X/ITS messages to preserve power and/or battery life. See US 2023/0292243 A1, paras. [0182]-[0185].
Mueck further discloses that the VRU can determine its position/location with respect to roadway infrastructure and adjust its Tx/Rx cycle time accordingly. See US 2023/0292243 A1, paras. [0185]-[0187].
Mueck therefore provides an express disclosure of location-dependent reduction of VRU communication frequency associated with increasing distance from roadway infrastructure.
Zhang et al. discloses a V2X communication architecture including pedestrian user equipment (PUE), a base station, and a server.
Zhang expressly discloses a V2X network in which a pedestrian UE transmits safety messages to a base station and the base station relays the safety messages or information derived from the safety messages to a server. See US 2020/0196240 A1, paras. [0068]-[0072].
Zhang further discloses that the safety messages include position-related information and mobility information, including speed information. See US 2020/0196240 A1, paras. [0078]-[0080].
Zhang also teaches that scheduling, frequency, timing, size, contents, and volume of safety-message communications may be adjusted according to factors including mobility, movement, location, coverage, and power capabilities of the user device. See US 2020/0196240 A1, paras. [0106]-[0109].
Claim 12 depends from claim 8 and therefore incorporates the limitations of claim 8.
Mueck discloses VRU equipment having processor circuitry, memory circuitry, and communication circuitry for implementing the disclosed VRU communication operations. See US 2023/0292243 A1, paras. [0240]-[0244] and [0254]-[0257].
Mueck further discloses determining VRU communication operation according to the VRU's location relative to roadway infrastructure and adjusting VRU communication frequency according to that location. See US 2023/0292243 A1, paras. [0180]-[0187].
Zhang supplies the complementary network/server reporting arrangement. Zhang discloses a pedestrian UE transmitting safety messages through a base station and the base station relaying the safety-message information to a server. See US 2020/0196240 A1, paras. [0068]-[0072].
Zhang further discloses position and mobility information in the safety messages. See US 2020/0196240 A1, paras. [0078]-[0080].
Accordingly, the limitations incorporated from claim 8 are supplied by the combination of Mueck and Zhang.
“wherein the at least one processor is configured to determine a decrease in a reporting frequency of the VRU UE”
Mueck expressly discloses determining a decrease in VRU communication frequency.
Mueck describes a VRU moving from a high-risk geographical area toward a lower-risk geographical area and expressly states that the VRU's transmit and/or reception functions are gradually decreased, including gradually decreasing the frequency of transmission and/or reception of V2X/ITS messages. See US 2023/0292243 A1, para. [0185].
Mueck further discloses that the VRU itself can determine its position/location with respect to roadway infrastructure and increase or decrease its Tx/Rx cycle time accordingly. See US 2023/0292243 A1, paras. [0185]-[0187].
Thus, the claimed processor operation of determining a decrease in reporting/communication frequency is expressly disclosed by Mueck.
“based on a determination that the VRU UE is ... distant from a road”
Mueck expressly discloses this limitation.
Mueck states that a low-risk geographical area can be a remote area sufficiently spaced from road infrastructure, including streets and highways. See US 2023/0292243 A1, para. [0182].
Mueck further discloses that when the VRU is in such a remote area, VRU communication functionality may be automatically switched off. See US 2023/0292243 A1, para. [0182].
Mueck then expressly describes the corresponding frequency-control relationship: as the VRU moves toward the low-risk geographical area, the VRU's transmit and reception functions are gradually decreased, including a gradual decrease in the frequency of V2X/ITS message transmission and reception. See US 2023/0292243 A1, para. [0185].
Mueck additionally teaches that the VRU may determine its own position/location with respect to roadway infrastructure and increase or decrease its Tx/Rx cycle time based on that location. See US 2023/0292243 A1, para. [0187].
Accordingly, Mueck expressly discloses determining location relative to roadway infrastructure and reducing the VRU's communication frequency when the VRU is sufficiently distant from the roadway.
Because claim 12 requires an “at least one of” condition, this single express disclosure is sufficient for the additional limitation relied upon in this rejection.
Mueck and Zhang are directed to compatible V2X communication systems involving pedestrian/VRU user equipment and safety-related wireless messages.
Mueck provides the location-dependent mechanism for controlling VRU communication functionality and reducing V2X/ITS communication frequency according to the VRU's location relative to roadway infrastructure. See US 2023/0292243 A1, paras. [0182]-[0187].
Zhang provides a V2X network architecture in which pedestrian UE safety messages are transmitted through a base station and relayed to a server, with the messages including position and mobility information. See US 2020/0196240 A1, paras. [0068]-[0072] and [0078]-[0080].
it would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's location-dependent VRU communication-frequency control in the pedestrian-UE-to-server V2X communication architecture of Zhang, so that the VRU communication frequency is reduced according to the location-dependent condition disclosed by Mueck while the resulting VRU safety messages are communicated through the network to the server as disclosed by Zhang.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
The proposed combination would preserve the respective functions of the references. Mueck's location-dependent determination and frequency adjustment would continue to control the VRU's V2X/ITS communication operation, while Zhang's pedestrian-UE/base-station/server architecture would continue to communicate the VRU's safety-message information to the server.
The combination would have had a reasonable expectation of success because both references disclose V2X wireless communication involving pedestrian/VRU equipment and adjustment of communication behavior to conserve device/network resources. Mueck expressly provides the location-dependent communication-control technique, while Zhang provides the network/server architecture for communicating pedestrian UE safety information.
No new communication principle or unpredictable result is required. The proposed combination applies Mueck's disclosed frequency-control mechanism to the compatible V2X network architecture expressly disclosed by Zhang.
Mueck expressly discloses a VRU located in a remote area sufficiently spaced from roadway infrastructure and expressly teaches reducing the frequency of V2X/ITS transmission and reception as the VRU moves toward the low-risk geographical area. See US 2023/0292243 A1, paras. [0182]-[0187].
Mueck therefore specifically supplies the additional limitation of determining a decrease in reporting frequency based on the VRU being “distant from a road.”
Zhang supplies the inherited claim-8 network/server reporting architecture, including pedestrian UE safety-message transmission through a base station to a server and inclusion of position and mobility information. See US 2020/0196240 A1, paras. [0068]-[0072] and [0078]-[0080].
Claim 13:
Mueck et al. discloses a vulnerable road user (VRU) device operating in a V2X/ITS communication system in which VRU communication functionality is controlled according to the VRU's position/location relative to vehicular traffic and roadway infrastructure.
Mueck expressly discloses that VRU communication is based on the position/location of the VRU with respect to vehicular traffic and/or road infrastructure. See US 2023/0292243 A1, paras. [0182]-[0187].
Mueck further expressly discloses that when a VRU is in a low-risk geographical area, the VRU communication functionality can be automatically switched off. In particular, Mueck states that the VRU transmit and/or reception functions may be disabled or switched off when the VRU is in a remote area sufficiently spaced from road infrastructure. See US 2023/0292243 A1, para. [0182].
The same disclosure is shown in the detailed description of the contextual activation and parameterization arrangement: a VRU in a remote area sufficiently spaced from road infrastructure has its communication functionality automatically switched off, including disabling or switching off its transmit and/or reception functions.
Mueck additionally discloses that the VRU itself can determine whether it is in a particular geographical area and adjust its VRU communication functionality accordingly. Mueck further teaches that the VRU can determine its own position/location with respect to roadway infrastructure and adjust its Tx/Rx cycle time.
Zhang et al. discloses a V2X communication architecture including pedestrian user equipment (PUE), a base station, and a server.
Zhang expressly discloses that a pedestrian UE transmits safety messages to a base station and that the base station may relay the safety messages, or information derived from the safety messages, to a server. The server processes the safety-message information. See US 2020/0196240 A1, FIG. 9 and corresponding description.
Zhang further discloses that the safety messages may include position-related information and mobility information, including speed and direction information. See US 2020/0196240 A1, FIG. 10 and corresponding description.
Claim 13 depends from claim 8 and therefore incorporates the limitations of claim 8.
Mueck discloses a VRU device/UE having processing and communication circuitry for implementing VRU communication operations, including determining location-dependent communication conditions and controlling VRU communication functionality.
Mueck specifically discloses location-based VRU communication and contextual activation/parameterization based on the VRU's position relative to roadway infrastructure. See US 2023/0292243 A1, paras. [0182]-[0187].
Zhang supplies the corresponding network/server reporting architecture. Zhang discloses a pedestrian UE transmitting safety messages to a base station and the base station relaying the safety-message information to a server.
Thus, the inherited claim-8 limitations are supplied by the combination of Mueck and Zhang.
“wherein the at least one processor is configured to determine a cessation in reporting of the VRU UE”
Mueck expressly discloses cessation of VRU communication.
Mueck states that when a VRU is in a low-risk geographical area, the VRU communication functionality can be automatically switched off. Mueck specifically states that the VRU's transmit and/or reception functions may be disabled or switched off. See US 2023/0292243 A1, para. [0182].
The detailed disclosure likewise expressly describes the transmit and reception functions as being disabled or switched off.
Because the claimed “reporting” is implemented through the VRU's transmission of V2X/ITS messages, disabling the VRU's transmit function necessarily results in cessation of those VRU reports.
Mueck therefore expressly supplies the claimed cessation of reporting.
“based on a determination that the VRU UE is distant from a road”
Mueck expressly discloses this limitation.
Mueck describes a low-risk geographical area in which the VRU is in a remote area sufficiently spaced from road infrastructure. Mueck expressly states that, in this condition, the VRU communication functionality can be automatically switched off and the VRU's transmit and/or reception functions may be disabled or switched off. See US 2023/0292243 A1, para. [0182].
Mueck further expressly identifies the VRU's distance from roadway infrastructure as the relevant contextual factor. The disclosure states that VRU communication is based on the VRU's position/location with respect to roadway infrastructure and that the VRU may determine its own position/location with respect to the roadway infrastructure.
Thus, Mueck expressly teaches the claimed causal relationship:
determination of a VRU location sufficiently distant from road infrastructure → automatic switching off/disabling of VRU communication → cessation of VRU transmission/reporting.
Because claim 13 requires an “at least one of” condition, this single expressly disclosed condition is sufficient for the additional limitation relied upon in this rejection.
Mueck and Zhang are directed to compatible V2X communication systems involving pedestrian/VRU user equipment and wireless safety communications.
Mueck supplies the location-dependent communication-control mechanism, including automatically disabling VRU communication when the VRU is sufficiently remote from roadway infrastructure.
Zhang supplies a V2X network architecture in which pedestrian UE safety messages are transmitted through network infrastructure to a server.
it would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's location-dependent VRU communication cessation in the pedestrian-UE-to-server V2X reporting architecture of Zhang, such that the VRU's reporting communication is ceased when the location-dependent condition disclosed by Mueck is determined.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
The proposed combination does not require a new communication mechanism. Mueck already provides the specific location-dependent mechanism for disabling VRU communication, while Zhang provides the compatible pedestrian-UE V2X network architecture through which VRU safety information is communicated to a server.
The respective functions of the references would remain unchanged. Mueck's location determination and communication-control functionality would continue to control whether VRU communications are active, while Zhang's network architecture would continue to provide the communication path between the pedestrian UE, network infrastructure, and server.
A person of ordinary skill in the art would have had a reasonable expectation of success because Mueck expressly implements location-dependent activation and deactivation of VRU V2X communication, while Zhang expressly implements pedestrian-UE safety-message communication through a base station to a server.
The proposed combination merely applies Mueck's expressly disclosed communication-cessation technique within Zhang's expressly disclosed V2X network architecture.
The expected result—cessation of VRU reporting when the VRU is determined to be sufficiently distant from roadway infrastructure—is the same operational result expressly taught by Mueck and does not require an unpredictable modification.
Mueck expressly discloses that a VRU located in a remote area sufficiently spaced from road infrastructure has its VRU communication functionality automatically switched off, including disabling or switching off the VRU's transmit and/or reception functions. See US 2023/0292243 A1, para. [0182].
Mueck therefore specifically supplies the additional limitation of determining cessation of VRU reporting based on the VRU being “distant from a road.”
Zhang supplies the inherited claim-8 pedestrian-UE/network/server reporting architecture, including transmission of pedestrian safety messages to a base station and relay of those messages to a server.
Claims 21-26 and 28-33 correspond to claims 8-13, they are therefore rejected for the similar reasons set forth. Also see below:
Claim 21
Mueck et al., US 2023/0292243 A1, discloses a wireless communication system for a vulnerable road user (VRU) in which communication is controlled based on contextual information associated with the VRU. Mueck specifically discloses contextual activation and parameterization based on the position/location of the VRU with respect to vehicular traffic and road infrastructure. Mueck further discloses that the VRU can determine its own position/location with respect to roadway infrastructure and adjust its transmission/reception cycle time based on that position. See Mueck, paragraphs [0046]-[0047] and [0055]. Mueck further discloses that, as the VRU moves closer to road infrastructure and vehicle-populated areas, the frequency of transmission and reception of V2X/ITS messages is gradually increased, while communication frequency can be decreased as the VRU moves toward lower-risk areas. See Mueck, paragraphs [0046]-[0047] and the corresponding discussion at paragraphs [0182]-[0185].
Mueck therefore expressly discloses determining VRU context information associated with a VRU UE and determining or adjusting a VRU communication/reporting frequency based on that VRU context information.
Zhang et al., US 2020/0196240 A1, discloses a V2X network including a pedestrian user equipment (PUE) 916, a base station 902, and a server 904. Zhang expressly discloses that the PUE transmits safety messages to the base station and that the base station relays the safety messages or information to server 904 for processing. See Zhang, FIG. 9 and paragraphs [0068]-[0072]. Zhang also discloses that safety messages include position-related information and mobility information, including speed and direction. See Zhang, paragraphs [0078]-[0080] and the corresponding discussion of the safety-message information.
Accordingly, Mueck expressly supplies the determination of VRU context information and the determination of a reporting/communication frequency based on that context. Zhang expressly supplies the pedestrian-UE-to-server reporting path and the VRU/safety report containing position and mobility information. The transmission of the report to the server according to the context-dependent frequency is therefore supplied by the combination of Mueck and Zhang.
Thus, the limitation of determining VRU context information associated with a VRU UE is expressly disclosed by Mueck. The limitation of determining, based on the VRU context information, an updated VRU-message reporting frequency is expressly disclosed by Mueck. The limitation of transmitting, to a server, a VRU report according to the updated VRU-message reporting frequency is supplied by the combination of Mueck's frequency-control operation and Zhang's disclosed PUE-to-base-station-to-server reporting architecture. The limitation requiring the VRU report to include information associated with location, speed, or heading is expressly disclosed by Zhang through its disclosure of position and mobility information, including speed and direction.
It would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's location-dependent VRU communication-frequency adjustment in the pedestrian-UE-to-server V2X reporting architecture of Zhang, such that the VRU UE transmits its VRU report to the server at the reporting frequency determined from the VRU context.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
The proposed combination does not require the creation of a new communication protocol or a new reporting mechanism. Mueck already provides the location/context-dependent frequency-control operation, and Zhang already provides the pedestrian-UE-to-server V2X reporting architecture. Applying the former to the latter would retain the respective functions of the disclosed systems and would have provided a reasonable expectation that the VRU report would be transmitted through Zhang's network architecture at the frequency selected according to Mueck's disclosed VRU context.
Claim 22
Claim 22 depends from claim 21 and further requires that the VRU context information comprise a location of the VRU UE relative to a road.
Mueck expressly discloses contextual activation and parameterization based on the position/location of the VRU with respect to vehicular traffic and road infrastructure. Mueck describes location-based VRU communication and use of the VRU's location relative to roadway infrastructure to control VRU communication. See Mueck, paragraphs [0046]-[0047] and [0055].
The limitation requiring the VRU context information to comprise a location of the VRU UE relative to a road is therefore expressly disclosed by Mueck.
The limitations inherited from claim 21 are supplied by Mueck and Zhang for the reasons set forth above. In particular, Zhang expressly discloses a pedestrian UE communicating safety messages through a base station to server 904 and discloses position and mobility information in the safety messages.
It would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's road-relative VRU contextual determination in the pedestrian-UE-to-server V2X reporting architecture of Zhang.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
The modification would use Mueck's expressly disclosed road-relative VRU location as the contextual input for determining the communication/reporting frequency while using Zhang's expressly disclosed network architecture to deliver the resulting VRU report to the server. The functions of the VRU UE, network infrastructure, and server would remain consistent with their disclosed functions, providing a reasonable expectation of success.
Claim 23
Claim 23 depends from claim 21 and further requires that the VRU context information comprise an indication that the VRU UE is distant from the road.
Mueck expressly discloses that a VRU located in a remote area sufficiently spaced from streets, highways, or other road infrastructure can have its communication functionality automatically switched off. Mueck therefore specifically identifies a VRU location sufficiently distant from road infrastructure as a contextual condition controlling VRU communication. See Mueck, paragraphs [0046]-[0047] and [0182]-[0185].
Thus, the additional limitation of claim 23 is expressly disclosed by Mueck.
Zhang supplies the inherited claim-21 reporting architecture. Zhang expressly discloses a pedestrian UE, a base station, and server 904, with safety messages transmitted from the pedestrian UE through the base station and relayed to the server.
It would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's remote/distant-from-road contextual determination in the pedestrian-UE-to-server V2X reporting architecture of Zhang.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
The proposed combination directly applies Mueck's disclosed road-distance condition to the VRU reporting architecture disclosed by Zhang. No new technical principle is required, and the resulting operation follows the communication-control behavior expressly described by Mueck.
Claim 24
Claim 24 depends from claim 21 and requires determining an increase in the updated VRU-message reporting frequency based on a determination that the VRU UE is proximate to the road.
Mueck expressly discloses that as a VRU moves closer to road infrastructure and toward areas populated by vehicles, communication functionality increases and the frequency of transmission and reception of V2X/ITS messages is gradually increased. See Mueck, paragraphs [0047] and [0055], and the corresponding discussion of the location-dependent frequency adjustment.
Mueck therefore expressly discloses the claimed relationship between proximity to road infrastructure and an increase in VRU communication frequency.
Zhang supplies the inherited pedestrian-UE-to-server reporting architecture, including transmission of safety messages from the pedestrian UE through base station 902 to server 904.
It would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's proximity-dependent increase in VRU communication frequency in the pedestrian-UE-to-server reporting architecture of Zhang.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
Mueck expressly teaches that proximity to road infrastructure is used to increase communication frequency, and Zhang expressly provides the pedestrian-UE-to-server communication architecture. Applying the frequency-control operation to that architecture would have yielded the predictable result of increased VRU reporting when the VRU is proximate to road infrastructure.
Claim 25
Claim 25 depends from claim 21 and requires determining a decrease in a reporting frequency based on a determination that the VRU UE is distant from a road.
Mueck expressly discloses location-dependent control of VRU communication based on the VRU's position relative to road infrastructure. Mueck specifically describes a remote area sufficiently spaced from road infrastructure and further discloses that communication/message frequency is decreased as the VRU moves toward lower-risk areas. Mueck also discloses adjustment of transmission/reception cycle time according to the VRU's location with respect to roadway infrastructure. See Mueck, paragraphs [0182]-[0185] and [0055].
Mueck therefore expressly supplies both the contextual condition of being distant from road infrastructure and the corresponding reduction in communication/reporting frequency.
Zhang supplies the inherited pedestrian-UE-to-server reporting architecture and the transmission of position/mobility information to the server.
It would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's distance-dependent reduction in VRU communication frequency in the pedestrian-UE-to-server reporting architecture of Zhang.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
The proposed combination does not supply the claimed decrease in frequency through an unsupported inference. Mueck expressly describes decreasing V2X/ITS message frequency as the VRU moves toward a lower-risk contextual condition associated with greater distance from road infrastructure. Zhang supplies the network architecture through which the VRU reporting is communicated to the server.
Claim 26
Claim 26 depends from claim 21 and requires determining a cessation in reporting based on a determination that the VRU UE is distant from a road.
Mueck expressly discloses that when the VRU is in a remote area sufficiently spaced from road infrastructure, the communication functionality can be automatically switched off. Mueck further discloses disabling or switching off transmit and reception functions. See Mueck, paragraph [0046] and the corresponding discussion at [0182]-[0185]. (patents.google.com)
Mueck therefore expressly discloses the substantive relationship required by claim 26: a remote/distant road condition results in cessation of VRU communication.
Zhang expressly discloses a pedestrian UE transmitting safety messages through a base station to server 904. Zhang also discloses that a pedestrian UE may cease safety-message transmissions under specified operating conditions.
Thus, Mueck supplies the distance-dependent communication cessation, while Zhang supplies the pedestrian-UE-to-server reporting architecture.
It would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's location-dependent cessation of VRU communication in the pedestrian-UE-to-server reporting architecture of Zhang, such that the VRU's reporting communication is ceased when the distance-dependent condition disclosed by Mueck is determined.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
A person of ordinary skill would have had a reasonable expectation of success because the proposed modification applies Mueck's expressly disclosed communication-switch-off operation to Zhang's expressly disclosed pedestrian-UE V2X reporting architecture. The modification does not require development of a new cessation mechanism or a new communication architecture.
Claim 28
Mueck et al., US 2023/0292243 A1, discloses a VRU wireless communication system in which communication is controlled based on contextual information associated with a vulnerable road user (VRU). Mueck expressly discloses contextual activation and parameterization based on the position/location of the VRU with respect to vehicular traffic and road infrastructure. Mueck further discloses that the VRU can determine its own position/location with respect to roadway infrastructure and adjust its transmission/reception cycle time based on that location. See Mueck, paragraphs [0046]-[0047] and [0055]. Mueck also discloses periodic V2X/ITS messages and changing the frequency of transmission and reception according to the VRU's contextual location. In particular, Mueck discloses that as the VRU moves closer to road infrastructure and vehicle-populated areas, the frequency of transmission and reception of V2X/ITS messages is gradually increased, while communication frequency is decreased as the VRU moves toward lower-risk conditions. See Mueck, paragraphs [0182]-[0185].
Mueck therefore expressly discloses the substantive operations recited by claim 28 of determining VRU context information associated with a VRU UE and determining an updated VRU-message communication/reporting frequency based on that context.
Zhang et al., US 2020/0196240 A1, discloses a V2X network including a pedestrian user equipment (PUE) 916, a base station 902, and a server 904. Zhang expressly discloses that the PUE transmits safety messages to the base station and that the base station relays the safety messages or information to server 904 for processing. See Zhang, FIG. 9 and paragraphs [0068]-[0072]. Zhang further discloses that the safety messages include position-related information and mobility information, including speed and direction. See Zhang, paragraphs [0078]-[0080].
Accordingly, Mueck expressly supplies the VRU context determination and context-dependent reporting-frequency determination, while Zhang expressly supplies the pedestrian-UE-to-server reporting architecture and the location/mobility information included in the report.
To the extent claim 28 recites a non-transitory computer-readable medium comprising instructions that cause a processor to perform the claimed operations, Mueck expressly discloses processor circuitry and memory circuitry implementing the VRU communication operations, including the contextual communication control and transmission/reception functions. Zhang likewise discloses UE processing and communication circuitry for generating and transmitting the safety messages. Thus, the claimed computer-implemented operations are performed by the disclosed processing systems rather than requiring a different physical mechanism.
The limitation requiring determination of VRU context information is expressly disclosed by Mueck. The limitation requiring determination, based on that context, of an updated VRU-message reporting frequency is expressly disclosed by Mueck. The limitation requiring transmission of the VRU report to a server according to the updated frequency is supplied by the combination of Mueck's frequency-control operation and Zhang's pedestrian-UE-to-server architecture. The limitation concerning location, speed, or heading information is expressly disclosed by Zhang through its position and mobility information.
It would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's location-dependent VRU communication-frequency adjustment in the computer-implemented pedestrian-UE-to-server V2X reporting architecture of Zhang, such that instructions executed by the processor cause the VRU UE to transmit its VRU report to the server at the reporting frequency determined from the VRU context.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
Mueck and Zhang concern compatible V2X/VRU communication systems and disclose the respective processing and communication operations used to implement those systems. The proposed combination does not require a new communication principle. It applies Mueck's expressly disclosed contextual frequency-control operation to Zhang's expressly disclosed pedestrian-UE/server reporting architecture, with the processor executing those operations in the ordinary manner already disclosed by the references. A person of ordinary skill would therefore have had a reasonable expectation of success.
Claim 29
Claim 29 depends from claim 28 and further requires that the VRU context information comprise a location of the VRU UE relative to a road.
Mueck expressly discloses contextual activation and parameterization based on the position/location of the VRU with respect to vehicular traffic and road infrastructure. Mueck further discloses location-based VRU communication in which the location of the VRU relative to roadway infrastructure is used to control VRU communication. See Mueck, paragraphs [0046]-[0047] and [0055].
Thus, the additional limitation of claim 29 is expressly disclosed by Mueck.
The limitations inherited from claim 28 are supplied by Mueck and Zhang as discussed above. In particular, Zhang expressly discloses the pedestrian UE transmitting safety messages through base station 902 to server 904 and discloses position and mobility information in the safety messages.
It would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's road-relative VRU contextual determination in the computer-readable-medium-based pedestrian-UE-to-server V2X reporting architecture of Zhang, such that execution of the stored instructions uses the VRU's location relative to the road as the contextual information for determining the reporting frequency.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
The modification applies an expressly disclosed Mueck contextual input to an expressly disclosed Zhang V2X reporting architecture. The processing and transmission operations remain those already disclosed by the references, providing a reasonable expectation of success.
Claim 30
Claim 30 depends from claim 28 and further requires that the VRU context information comprise an indication that the VRU UE is distant from the road.
Mueck expressly discloses that a VRU located in a remote area sufficiently spaced from streets, highways, or other road infrastructure can have its communication functionality automatically switched off. Mueck therefore expressly identifies a remote/distant location relative to road infrastructure as a VRU contextual condition controlling communication. See Mueck, paragraphs [0046]-[0047] and [0182]-[0185].
The additional limitation of claim 30 is therefore expressly disclosed by Mueck.
Zhang supplies the inherited computer-implemented V2X reporting architecture, including a pedestrian UE, base station 902, and server 904, with the pedestrian UE transmitting safety messages through the base station to the server.
It would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's remote/distant-from-road contextual determination in the computer-readable-medium-based pedestrian-UE-to-server V2X reporting architecture of Zhang, such that execution of the instructions controls the VRU communication according to the VRU's road-relative location.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
Mueck expressly provides the road-distance contextual condition and the resulting communication control, while Zhang provides the computer-implemented pedestrian-UE/server architecture. The combination therefore does not require an unsupported assertion that the claimed contextual condition was merely known in the art.
Claim 31
Claim 31 depends from claim 28 and requires determining an increase in the updated VRU-message reporting frequency based on a determination that the VRU UE is proximate to the road.
Mueck expressly discloses that as a VRU moves closer to road infrastructure and toward vehicle-populated areas, communication functionality increases and the frequency of transmission and reception of V2X/ITS messages is gradually increased. See Mueck, paragraph [0047] and the related disclosure concerning the VRU determining its position relative to roadway infrastructure and adjusting its transmission/reception cycle time in paragraph [0055].
Mueck therefore expressly discloses the claimed relationship between proximity to road infrastructure and an increase in VRU communication frequency.
Zhang supplies the inherited pedestrian-UE-to-server reporting architecture. Zhang expressly discloses a pedestrian UE transmitting safety messages through base station 902 to server 904.
It would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's proximity-dependent increase in VRU communication frequency in the computer-readable-medium-based pedestrian-UE-to-server V2X reporting architecture of Zhang, such that execution of the stored instructions causes the VRU UE to increase its reporting frequency when the VRU is determined to be proximate to the road.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
Mueck expressly teaches both the contextual condition and the resulting frequency increase. Zhang supplies the server-reporting path. Applying the disclosed frequency-control operation through the computer-implemented architecture would have retained the respective functions of the references and provided a reasonable expectation of success.
Claim 32
Claim 32 depends from claim 28 and requires determining a decrease in a reporting frequency based on a determination that the VRU UE is distant from a road.
Mueck expressly discloses location-dependent control of VRU communication based on the VRU's position relative to road infrastructure. Mueck specifically describes remote areas sufficiently spaced from road infrastructure and discloses decreasing the frequency of V2X/ITS message transmission and reception as the VRU moves toward lower-risk conditions. Mueck further discloses adjustment of the transmission/reception cycle time based on the VRU's location relative to roadway infrastructure. See Mueck, paragraphs [0055] and [0182]-[0185].
Mueck therefore expressly discloses both the distant-from-road contextual condition and the corresponding reduction in communication/message frequency.
Zhang supplies the inherited pedestrian-UE-to-server reporting architecture. Zhang expressly discloses transmission of pedestrian-UE safety messages through a base station to server 904 and discloses position and mobility information in the transmitted safety messages.
It would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's distance-dependent reduction in VRU communication frequency in the computer-readable-medium-based pedestrian-UE-to-server reporting architecture of Zhang, such that execution of the stored instructions causes the VRU UE to decrease its reporting frequency when the VRU is determined to be distant from the road.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
Mueck itself expressly provides the relationship between the road-distance condition and reduced communication frequency. Zhang supplies the server-reporting architecture. The proposed combination therefore applies the disclosed Mueck frequency-control operation to the disclosed Zhang computer-implemented reporting system without requiring a new communication mechanism.
A person of ordinary skill would have had a reasonable expectation of success because the modification involves implementing an already disclosed frequency-control operation using the processing and communication architecture disclosed in the references.
Claim 33
Claim 33 depends from claim 28 and requires determining a cessation in reporting based on a determination that the VRU UE is distant from a road.
Mueck expressly discloses that when the VRU is in a remote area sufficiently spaced from road infrastructure, communication functionality can be automatically switched off. Mueck further expressly discloses disabling or switching off transmit and reception functions. See Mueck, paragraph [0046] and the corresponding disclosure at paragraphs [0182]-[0185].
Mueck therefore specifically discloses the claimed relationship between the VRU being remote/distant from road infrastructure and cessation of VRU communication.
Zhang expressly discloses a pedestrian UE transmitting safety messages through base station 902 to server 904. Zhang also discloses operating conditions in which a pedestrian UE ceases safety-message transmissions altogether.
Thus, Mueck supplies the distance-dependent communication cessation, while Zhang supplies the pedestrian-UE-to-server reporting architecture.
It would have been obvious at the time the invention before the effective filing date of the claim invention was made to implement Mueck's location-dependent cessation of VRU communication in the computer-readable-medium-based pedestrian-UE-to-server reporting architecture of Zhang, such that execution of the stored instructions causes the VRU UE's reporting communication to cease when the VRU is determined to be distant from the road.
It would be an implementation of applying a known technique to a known device ready for improvement to yield predictable results.
The proposed combination does not depend on a generic assertion that cessation was an obvious design choice. Mueck expressly teaches switching off VRU communication when the VRU is in a remote area sufficiently spaced from road infrastructure. Zhang expressly supplies the pedestrian-UE-to-server communication architecture and additionally discloses cessation of pedestrian safety-message transmissions as an operating state.
A person of ordinary skill would have had a reasonable expectation of success because the modification consists of implementing Mueck's expressly disclosed communication-switch-off condition through the processing and communication system disclosed by Zhang. The resulting operation is the direct computer-implemented execution of the communication-control behavior already disclosed by Mueck.
Allowable Subject Matter
Claims 14 and 27 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
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/HOI C LAU/Primary Examiner, Art Unit 2689
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