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 .
Status of Claims
In response to communications filed on 15 January 2026, claims 1-20 are presently pending in the application, of which, claims 1, 11 and 16 are presented in independent form. The Examiner acknowledges amended claims 1, 11, and 16. No claims were cancelled or newly added.
Priority
The Examiner acknowledges the instant application claims priority to U.S. Patent Application No. 18/798,785, filed 08 August 2024, now issued as U.S. Patent 12,067,621, which claims priority to U.S. Patent Application No. 18/533,155, filed 07 December 2023, now abandoned, which claims priority to U.S. Provisional 63,431,086, filed on 08 December 2022, and has been accorded the earliest effective file date.
Response to Remarks/Arguments
All objections and/or rejections issued in the previous Office Action, mailed 15 September 2025, have been withdrawn, unless otherwise noted in this Office Action.
Applicant's arguments filed 15 January 2026 have been fully considered but they are not persuasive. Applicant’s arguments are directed to amended features and have been incorporated into the rejection below.
Terminal Disclaimer
The terminal disclaimer filed on 15 January 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 11,198,390 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being unpatentable by Schmidt, et al (U.S. 2020/0156630 and known hereinafter as Schimdt).
As per claim 1, Schmidt teaches a system to warn a driver of a vehicle of an overhead hazard, the system comprising:
a database storing locations and heights of overhead hazards (e.g. Schmidt, see Figure 1, paragraphs [0022-0026], which discloses a database that stores data such as vehicle height and weight.);
a processing circuitry (e.g. Schmidt, see Figure 1, paragraphs [0022-0026], which discloses illustrates a processor coupled to memory.);
a memory, the memory containing executable instructions that, when executed by the processing circuitry (e.g. Schmidt, see Figure 1, paragraphs [0022-0026], which discloses illustrates a processor coupled to memory.), configure the system to:
transmit, to a warning module associated with a first vehicle, the location and height of an overhead hazard near a location of the first vehicle (e.g. Schmidt, see paragraphs [0023-0035], which discloses a collision warning system that may include a communicate device that may transmit the proximity of a vehicle to obtain the height of overhead objects within proximity of the vehicle in real-time. See further paragraph [0069], which discloses by providing the object height to other vehicles and/or external database, other vehicles may obtain and use the object height in alerting a driver or controlling an operation of the vehicle, thereby providing real-time access of the updated object height and allows for the external database or service provider to map locations of overhead objects.);
receive, from an overhead hazard tracker associated with a second vehicle, a location and height of a new overhead hazard (e.g. Schmidt, see paragraphs [0023-0045], which discloses a collision warning system that may include a GPS system and vehicle sensors and an external database that may transmit information, to the vehicle for overhead objects. See further Figure 5, paragraphs [0069-0071], which discloses the collision warning system uses the vehicle height, load height, and object height to warn the driver or otherwise control the vehicle and where the collision warning system may provide the object height and corresponding location to another vehicle.); and
update the database to include the location and height of the new overhead hazard (e.g. Schmidt, see paragraphs [0023-0045], which discloses a collision warning system that is coupled to an external database, where the database may include real-time information, periodically updated information or user-inputted information, where the external database tracks overhead objects and may be updated and/or provide updates in real-time.);
wherein the database is disposed remotely from both the first vehicle and the second vehicle (e.g. Schmidt, see paragraph [0022-0025] and Figure 1, which discloses a collision warning system may be retro-fitted, coupled to, include or be included within a vehicle and/or vehicle load, where the collision warning system may be couple, connect to, or include one or more entities, such as a vehicle, an external database, and/or an infrastructure. The Examiner notes that one or more vehicles remotely communicate with an external database when utilizing the collision warning system.); and
the warning module (e.g. Schmidt, see paragraph [0043], which discloses the collision warning system may include or be coupled to the external database over a network.) and the overhead hazard tracker access the database via a network (e.g. Schmidt, see paragraph [0044], which discloses an external database may be a transportation database that tracks overhead objects including persistent and non-persistent overhead objects and may be updated and/or provide updates in real-time. Additionally, see paragraph [0009], which discloses a collision warning system may include network access device, where the network access device may be configured to communicate with an external database via a network.).
As per claim 11, Schmidt teaches a method of warning a driver of a vehicle of an overhead hazard, the method comprising steps of:
providing a database storing locations and heights of overhead hazards (e.g. Schmidt, see Figure 1, paragraphs [0022-0026], which discloses a database that stores data such as vehicle height and weight.);
transmit, to a warning module associated with a first vehicle, the location and height of an overhead hazard near a location of the first vehicle (e.g. Schmidt, see paragraphs [0023-0035], which discloses a collision warning system that may include a communicate device that may transmit the proximity of a vehicle to obtain the height of overhead objects within proximity of the vehicle in real-time. See further paragraph [0069], which discloses by providing the object height to other vehicles and/or external database, other vehicles may obtain and use the object height in alerting a driver or controlling an operation of the vehicle, thereby providing real-time access of the updated object height and allows for the external database or service provider to map locations of overhead objects.);
receive, from an overhead hazard tracker associated with a second vehicle, a location and height of a new overhead hazard (e.g. Schmidt, see paragraphs [0023-0045], which discloses a collision warning system that may include a GPS system and vehicle sensors and an external database that may transmit information, to the vehicle for overhead objects. See further Figure 5, paragraphs [0069-0071], which discloses the collision warning system uses the vehicle height, load height, and object height to warn the driver or otherwise control the vehicle and where the collision warning system may provide the object height and corresponding location to another vehicle.); and
update the database to include the location and height of the new overhead hazard (e.g. Schmidt, see paragraphs [0023-0045], which discloses a collision warning system that is coupled to an external database, where the database may include real-time information, periodically updated information or user-inputted information, where the external database tracks overhead objects and may be updated and/or provide updates in real-time.);
wherein the database is disposed remotely from both the first vehicle and the second vehicle (e.g. Schmidt, see paragraph [0022-0025] and Figure 1, which discloses a collision warning system may be retro-fitted, coupled to, include or be included within a vehicle and/or vehicle load, where the collision warning system may be couple, connect to, or include one or more entities, such as a vehicle, an external database, and/or an infrastructure. The Examiner notes that one or more vehicles remotely communicate with an external database when utilizing the collision warning system.); and
the warning module (e.g. Schmidt, see paragraph [0043], which discloses the collision warning system may include or be coupled to the external database over a network.) and the overhead hazard tracker access the database via a network (e.g. Schmidt, see paragraph [0044], which discloses an external database may be a transportation database that tracks overhead objects including persistent and non-persistent overhead objects and may be updated and/or provide updates in real-time. Additionally, see paragraph [0009], which discloses a collision warning system may include network access device, where the network access device may be configured to communicate with an external database via a network.).
As per claim 16, Schmidt teaches a non-transitory computer readable medium having stored thereon executable instructions for causing a processing circuitry to execute a process, the process comprising:
transmit, to a warning module associated with a first vehicle, the location and height of an overhead hazard near a location of the first vehicle (e.g. Schmidt, see paragraphs [0023-0035], which discloses a collision warning system that may include a communicate device that may transmit the proximity of a vehicle to obtain the height of overhead objects within proximity of the vehicle in real-time. See further paragraph [0069], which discloses by providing the object height to other vehicles and/or external database, other vehicles may obtain and use the object height in alerting a driver or controlling an operation of the vehicle, thereby providing real-time access of the updated object height and allows for the external database or service provider to map locations of overhead objects.);
receive, from an overhead hazard tracker associated with a second vehicle, a location and height of a new overhead hazard (e.g. Schmidt, see paragraphs [0023-0045], which discloses a collision warning system that may include a GPS system and vehicle sensors and an external database that may transmit information, to the vehicle for overhead objects. See further Figure 5, paragraphs [0069-0071], which discloses the collision warning system uses the vehicle height, load height, and object height to warn the driver or otherwise control the vehicle and where the collision warning system may provide the object height and corresponding location to another vehicle.); and
update the database to include the location and height of the new overhead hazard (e.g. Schmidt, see paragraphs [0023-0045], which discloses a collision warning system that is coupled to an external database, where the database may include real-time information, periodically updated information or user-inputted information, where the external database tracks overhead objects and may be updated and/or provide updates in real-time.);
wherein the database is disposed remotely from both the first vehicle and the second vehicle (e.g. Schmidt, see paragraph [0022-0025] and Figure 1, which discloses a collision warning system may be retro-fitted, coupled to, include or be included within a vehicle and/or vehicle load, where the collision warning system may be couple, connect to, or include one or more entities, such as a vehicle, an external database, and/or an infrastructure. The Examiner notes that one or more vehicles remotely communicate with an external database when utilizing the collision warning system.); and
the warning module (e.g. Schmidt, see paragraph [0043], which discloses the collision warning system may include or be coupled to the external database over a network.) and the overhead hazard tracker access the database via a network (e.g. Schmidt, see paragraph [0044], which discloses an external database may be a transportation database that tracks overhead objects including persistent and non-persistent overhead objects and may be updated and/or provide updates in real-time. Additionally, see paragraph [0009], which discloses a collision warning system may include network access device, where the network access device may be configured to communicate with an external database via a network.).
As per claims 2, Schmidt teaches the system of claim 1, further comprising:
the overhead hazard tracker (e.g. Schmidt, see paragraph [0044], which discloses an external database may be a transportation database that tracks overhead objects.);
wherein the height of the new overhead hazard is determined by the overhead hazard tracker using sensor readings from a sensor mounted on the second vehicle (e.g. Schmidt, see paragraphs [0034-0044], which discloses vehicle sensors that provides data to indicate to the coupled vehicle of any approaching hazards.); and
the location of the new overhead hazard is determined by the overhead hazard tracker using geolocation readings from an automatic geolocation service associated with the second vehicle (e.g. Schmidt, see paragraphs [0034-0044], which discloses vehicle sensors that provides data to indicate to the coupled vehicle of any approaching hazards.).
As per claim 3, Schmidt teaches the system of claim 1, further comprising:
the overhead hazard tracker (e.g. Schmidt, see paragraph [0044], which discloses an external database may be a transportation database that tracks overhead objects.);
wherein the height of the new overhead hazard is determined when a driver of the second vehicle inputs the height of the new overhead hazard into the overhead hazard tracker (e.g. Schmidt, see paragraphs [0034-0044], which discloses vehicle sensors that provides data to indicate to the coupled vehicle of any approaching hazards.); and
the location of the new overhead hazard is determined when the driver of the second vehicle inputs the location of the new overhead hazard into the overhead hazard tracker (e.g. Schmidt, see paragraphs [0034-0044], which discloses vehicle sensors that provides data to indicate to the coupled vehicle of any approaching hazards.).
As per claim 4, Schmidt teaches the system of claim 1, wherein the location and height of the new overhead hazard is continuously or periodically received by the system while the overhead hazard tracker is in communication with the system (e.g. Schmidt, see paragraphs [0023-0045], which discloses a collision warning system that is coupled to an external database, where the database may include real-time information, periodically updated information or user-inputted information, where the external database tracks overhead objects and may be updated and/or provide updates in real-time.).
As per claim 5, Schmidt teaches the system of claim 1, further comprising:
the warning module (e.g. Schmidt, see paragraphs [0044-0048], which discloses a collision warning system that is coupled to an external database, where the database may include real-time information, periodically updated information or user-inputted information, where the external database tracks overhead objects and may be updated and/or provide updates in real-time.);
wherein the location of the first vehicle is determined using an automatic geolocation service associated with the first vehicle (e.g. Schmidt, see paragraphs [0023-0045], which discloses a collision warning system that may include a GPS system and vehicle sensors and an external database that may transmit information, to the vehicle for overhead objects.).
As per claim 6, Schmidt teaches the system of claim 5, wherein the warning module is configured to:
when the overhead hazard is too low for the first vehicle to safely pass below the overhead hazard (e.g. Schmidt, see paragraphs [0054-0056], which discloses a collision warning system that includes a threshold height may include a safety margin.):
provide a warning to a driver of the first vehicle before the first vehicle reaches the overhead hazard (e.g. Schmidt, see paragraphs [0054-0056], which discloses a collision warning system that includes a threshold height may include a safety margin.).
As per claim 7, Schmidt teaches the system of claim 1, wherein the location of the first vehicle is continuously or periodically received by the system while the warning module is in communication with the system (e.g. Schmidt, see paragraphs [0023-0045], which discloses a collision warning system that is coupled to an external database, where the database may include real-time information, periodically updated information or user-inputted information, where the external database tracks overhead objects and may be updated and/or provide updates in real-time.).
As per claims 8, 12, and 17, Schmidt teaches the system of claim 1, the method of claim 11, and the non-transitory computer readable medium having stored thereon, respectively, wherein the executable instructions, when executed by the processing circuitry, further configure the system to:
update the database to remove the location and height of a resolved overhead hazard (e.g. Schmidt, see paragraphs [0023-0045], which discloses a collision warning system that is coupled to an external database, where the database may include real-time information, periodically updated information or user-inputted information, where the external database tracks overhead objects and may be updated and/or provide updates in real-time.).
As per claims 9, 13, and 18, Schmidt teaches the system of claim 8, the method of claim 12, and the non-transitory computer readable medium of claim 17, respectively, wherein the location and height of the resolved overhead hazard is removed according to a time-based removal algorithm (e.g. Schmidt, see paragraphs [0023-0045], which discloses a collision warning system that is coupled to an external database, where the database may include real-time information, periodically updated information or user-inputted information, where the external database tracks overhead objects and may be updated and/or provide updates in real-time.).
As per claims 10, 14, and 19, Schmidt teaches the system of claim 1, the method of claim 11, and the non-transitory computer readable medium of claim 16, respectively, wherein the instructions, when executed by the processing circuitry, further configure the system to:
update the database to remove the location and height of a duplicate overhead hazard (e.g. Schmidt, see paragraphs [0023-0045], which discloses a collision warning system that is coupled to an external database, where the database may include real-time information, periodically updated information or user-inputted information, where the external database tracks overhead objects and may be updated and/or provide updates in real-time.).
As per claims 15 and 20, Schmidt teaches the method of claim 11 and the non-transitory computer readable medium of claim 17, respectively, wherein the location and height of the duplicate overhead hazard is removed according to deduplication algorithm (e.g. Schmidt, see paragraphs [0023-0045], which discloses a collision warning system that is coupled to an external database, where the database may include real-time information, periodically updated information or user-inputted information, where the external database tracks overhead objects and may be updated and/or provide updates in real-time.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See attached PTO-892 that includes additional prior art of record describing the general state of the art in which the invention is directed to.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARHAN M SYED whose telephone number is (571)272-7191. The examiner can normally be reached M-F 8:30AM-5:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Apu Mofiz can be reached at 571-272-4080. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FARHAN M SYED/Primary Examiner, Art Unit 2161 January 29, 2026