DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 1 is objected to because of the following informalities: “these road users” would be better understood as “the determined [[these]] road users”;
“traffic messages” would be better understood as “the traffic messages” except for the first recitation of “traffic messages” in the claim to provide sufficient antecedent basis;
“this examination” would be better understood as “the [[this]] examination”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “the road user”. There is a lack of sufficient antecedent basis for the limitation in the claim. The limitation is interpreted as a road user among the road user.
Claim 1 recites the limitations determining road users who can send or receive traffic messages and receiving traffic messages from these road users and comparing the determined road users who can send or receive traffic messages with the traffic map of the traffic area and determining the road users in the traffic map who can send or receive traffic messages. However, the comparing step is unclear because the claim previously recited “creation of a traffic map of the traffic area that includes the determined road users” and “determining road users who can send or receive traffic messages and receiving traffic messages from these road users”.
Claim 2 recites the limitation wherein if at least one road user cannot send or receive a traffic message, a traffic message containing information about at least one road user is created and set. It is unclear to whether a traffic message is the same or different traffic message introduced in claim 1. Further, it is interpreted that the communication device of claim 1 is creating and sending the message. Claims 3-7 are rejected under similar rationale regarding a traffic message, a collective perception messages, a basic safety message, traffic messages.
Claim 17 recites the limitation wherein the environment sensor or the communication device are configured to be mobile and Claim 18 recites the limitation wherein the environment or the communication device are installed on a vehicle or a road user. However, it is unclear that the environment sensor or the communication device are mobile or installed on a vehicle or road user in light of claims 17 and 18 being dependent upon claim 16 that recited wherein the environment sensor or the communication device are installed stationary in or on the traffic area.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
A claim that recites an abstract idea, a law of nature, or a natural phenomenon is directed to a judicial exception. Abstract ideas include the following groupings of subject matter, when recited as such in a claim limitation: (a) Mathematical concepts – mathematical relationships, mathematical formulas or equations, mathematical calculations; (b) Certain methods of organizing human activity – fundamental economic principles or practices (including hedging, insurance, mitigating risk); commercial or legal interactions (including agreements in the form of contracts; legal obligations; advertising, marketing or sales activities or behaviors; business relations); managing personal behavior or relationships or interactions between people (including social activities, teaching, and following rules or instructions); and (c) Mental processes – concepts performed in the human mind (including an observation, evaluation, judgment, opinion). See MPEP 2106.
Even when a judicial element is recited in the claim, an additional claim element(s) that integrates the judicial exception into a practical application of that exception renders the claim eligible under §101. A claim that integrates a judicial exception into a practical application will apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claim is more than a drafting effort designed to monopolize the judicial exception. The following examples are indicative that an additional element or combination of elements may integrate the judicial exception into a practical application:
the additional element(s) reflects an improvement in the functioning of a computer, or an improvement to other technology or technical field;
the additional element(s) that applies or uses a judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition;
the additional element(s) implements a judicial exception with, or uses a judicial exception in conjunction with, a particular machine or manufacture that is integral to the claim;
the additional element(s) effects a transformation or reduction of a particular article to a different state or thing; and
the additional element(s) applies or uses the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception.
Examples in which the judicial exception has not been integrated into a practical application include:
the additional element(s) merely recites the words ‘‘apply it’’ (or an equivalent) with the judicial exception, or merely includes instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea;
the additional element(s) adds insignificant extra-solution activity to the judicial exception; and
the additional element does no more than generally link the use of a judicial exception to a particular technological environment or field of use.
See MPEP 2106.
101 Analysis – Step 1
Claims 1 are directed to a device and system. Therefore, the claims are within at least one of the four statutory categories.
101 Analysis – Step 2A, Prong I
Regarding Prong I of the Step 2A analysis in the MPEP 2106, the claims are to be analyzed to determine whether they recite subject matter that falls within one of the following groups of abstract ideas: a) mathematical concepts, b) certain methods of organizing human activity, and/or c) mental processes.
Independent claim(s)1 includes limitations that recite an abstract idea (emphasized below) and will be used as a representative claims for the remainder of the 101 rejection.
Claim 1 recites:
determining of road users within the traffic area with at least one environment sensor and creation of a traffic map of the traffic area that includes the determined road users,
determining road users who can send or receive traffic messages and receiving traffic messages from these road users,
comparing the determined road users who can send or receive traffic messages with the traffic map of the traffic area and determining the road users in the traffic map who can send or receive traffic messages, and
checking whether a critical situation could arise between road users within the traffic area, if a critical situation could arise between at least two road users: checking whether at least one of the at least two road users can send or receive traffic messages, and if at least one of the at least two road users can send or receive traffic messages: sending a traffic message to that road user, where the traffic message contains information about the at least one of the at least two road users who cannot send or receive traffic messages;
wherein the determining of road users who can send or receive traffic messages includes an examination of whether the road users can send or receive basic safety messages comprising position and movement information of the road user or collective perception messages which additionally include information from the road user's sensors, and
wherein the sending of the traffic message to at least one road user is performed depending on this examination.
The examiner submits that the foregoing bolded limitation(s) constitute a “mental process” because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind. For example, the limitation(s) in the context of this claim encompasses a person developing a map with traffic participants, determining traffic participants that may send/receive messages, determining that a collision may be likely between multiple traffic participants, determining the traffic participants who should receive warning information, identifying which road users received or sent basic safety or collective perception messages.
101 Analysis – Step 2A, Prong II
Regarding Prong II of the Step 2A analysis in the MPEP 2106, the claims are to be analyzed to determine whether the claim, as a whole, integrates the abstract idea into a practical application. As noted in the MPEP 2106, it must be determined whether any additional elements in the claim beyond the abstract idea integrate the exception into a practical application in a manner that imposes a meaningful limit on the judicial exception. The courts have indicated that additional elements merely using a computer to implement an abstract idea, adding insignificant extra solution activity or generally linking use of a judicial exception to a particular technological environment or field of use do not integrate a judicial exception into a “practical application.”
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitation” while the bolded portions continue to represent the abstract idea):
Claim 1 recites:
determining of road users within the traffic area with at least one environment sensor and creation of a traffic map of the traffic area that includes the determined road users,
determining road users who can send or receive traffic messages and receiving traffic messages from these road users,
comparing the determined road users who can send or receive traffic messages with the traffic map of the traffic area and determining the road users in the traffic map who can send or receive traffic messages, and
checking whether a critical situation could arise between road users within the traffic area, if a critical situation could arise between at least two road users: checking whether at least one of the at least two road users can send or receive traffic messages, and if at least one of the at least two road users can send or receive traffic messages: sending a traffic message to that road user, where the traffic message contains information about the at least one of the at least two road users who cannot send or receive traffic messages;
wherein the determining of road users who can send or receive traffic messages includes an examination of whether the road users can send or receive basic safety messages comprising position and movement information of the road user or collective perception messages which additionally include information from the road user's sensors, and
wherein the sending of the traffic message to at least one road user is performed depending on this examination.
For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application.
Regarding the additional limitations, the examiner submits that these limitations are additional elements that do not integrate the judicial exception into a practical application and amount to no more than mere instructions to apply the exception using generic computer components and/or insignificant extra-solution activities that merely use a computer to perform the process. The additional elements are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using generic computer components. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. The additional limitation steps are recited at a high level of generality (i.e. as a general means of gathering data, transmitting signals), and amount to mere data gathering, storing, transmitting, and outputting do not add a meaningful limitation to the process (MPEP 2106.05(g) v. Consulting and updating an activity log, Ultramercial, 772 F.3d at 715, 112 USPQ2d at 1754), which are forms of insignificant extra-solution activities. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than drafting effort designed to monopolize the exception (MPEP 2106.05). The additional limitations merely describe how to generally apply the otherwise mental judgements in a generic or general purpose vehicle environment. The additional limitations are recited at a high level of generality and merely automates the steps. Accordingly additional limitation(s) do/does not integrate the abstract into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
101 Analysis – Step 2B
Regarding Step 2B of the MPEP 2106, representative independent claim does not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements amount to nothing more than applying the exception using generic computer components. Generally applying an exception using a generic computer component cannot provide an inventive concept.
Further, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B to determine if they are more than what is well-understood, routine, conventional activity in the field. The additional limitations do not provide any indication that the additional elements are anything other than a conventional computer within a vehicle. Also, MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, INC., 788 F.3d 1359, 1363 (Fed. Cir. 2015), and Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); and OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93 indicate that mere collection or receipt of data over a network, receiving or transmitting data over a network, and storing and retrieving information in memory are a well-understood, routine, and conventional functions when claimed in a merely generic manner (as it is here). Further, the Federal Circuit in Trading Techs. Int’l v. IBGLLC, 921 F.3d1084,1093(Fed. Cir.2019), and Intellectual Ventures I LLC v. Erie Indemnity Co., 850 F.3d1315, 1331 (Fed. Cir. 2017), for example, indicated that the mere displaying of data is a well understood, routine, and conventional function.
The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements, as discussed above with respect to integration of the abstract idea into a practical application, the additional elements are recited at a high level of generality and amount to no more than mere instructions to apply the exception using generic computer components. Mere instructions to apply an exception using generic computer components cannot provide an inventive concept. The claim(s) is/are not patent eligible.
Dependent claims 2-20 do not recite any further limitations that cause the claim(s) to be patent eligible. Rather, the limitations of dependent claims are directed toward additional aspects of the judicial exception and/or additional elements that amount to no more than mere instructions to apply the exception using generic computer components that do not integrate the judicial exception into a practical application sufficient to amount to significantly more than the judicial exception. The additional elements are recited at a high level of generality and merely automates the steps. The additional limitations are recited at a high level of generality and amounts to mere data gathering, which is a form of insignificant extra-solution activity; the additional limitations are well-understood, routine, and conventional activity because the specification does not provide any indication that the additional elements are anything other than a conventional computer components. The claim(s) do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements, as discussed above with respect to integration of the abstract idea into a practical application, the additional elements are recited at a high level of generality and amount to no more than mere instructions to apply the exception using generic computer components. Further, MPEP 2106.05(d)(II), and the cases cited therein, including Intellectual Ventures I, LLC v. Symantec Corp., 838 F.3d 1307, 1321 (Fed. Cir. 2016), TLI Communications LLC v. AV Auto. LLC, 823 F.3d 607, 610 (Fed. Cir. 2016), and OIP Techs., Inc., v. Amazon.com, INC., 788 F.3d 1359, 1363 (Fed. Cir. 2015), indicate that mere collection or receipt of data over a network is a well-understood, routine, and conventional function when it is claimed in a merely generic manner. Furthermore, the Federal Circuit in Trading Techs. Int’l v. IBGLLC, 921 F.3d1084,1093(Fed. Cir.2019), and Intellectual Ventures I LLC v. Erie Indemnity Co., 850 F.3d1315, 1331 (Fed. Cir. 2017), for example, indicated that the mere displaying of data is a well understood, routine, and conventional function. Moreover, mere instructions to apply an exception using generic computer components cannot provide an inventive concept. Therefore, the dependent claims are not patent eligible under the same rationale as provided for in the rejection of the independent claim.
Therefore, claim(s) 1-20 is/are ineligible under 35 USC 101.
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 (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 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.
Claim(s) 1-7, 10-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE102015221183A1 (Augst).
As per claim 1, Augst discloses a method for monitoring a traffic area with a traffic monitoring system which has at least one environment sensor and a communication device for sending and receiving traffic messages from road users, wherein the traffic messages may contain status information of the road user or information from road user’s sensors, comprising:
determining of road users within the traffic area with at least one environment sensor and creation of a traffic map of the traffic area that includes the determined road users (see at least [0008]: sensors… the determination of a physical arrangement of road users or of a second set of road users in the roadway area on the basis of surroundings data of the roadway area acquired by sensors. In this case, the physical arrangement can (at least) display a first road user in the roadway area (in particular a first road user from the first set of road users)…precise positioning of the road users in the roadway area, [0009]: includes determining, based on the physical arrangement and based on the road user data, mapping information indicative of a communication identifier for the first road user),
determining road users who can send or receive traffic messages and receiving traffic messages from these road users (see at least [0006]: a method for ascertaining assignment information for at least one first road user in a roadway area is described, [0007]: receiving road user data from two or more road users or from a first set of road users located in the roadway area…communication identifiers…network ID, [0041]: device is configured to determine, on the basis of the physical arrangement and on the basis of the road user data, assignment information which indicates a communication identifier for the first road user, [0043]: road user is configured to receive a request message, wherein the request message indicates that the road user is to send road user data, [0086]: One or more road users may also be ascertained that have not sent a response to a request…There are (transmitting) road users 110, 120 that transmit road user data 111, 121 and other (non-transmitting) road users 210 that do not transmit road user data 111, 121),
comparing the determined road users who can send or receive traffic messages with the traffic map of the traffic area (see at least [0086]: In the environment of the vehicle 100, different constellations 201 of road users 110, 120, 210 result. There are (transmitting) road users 110, 120 that transmit road user data 111, 121 and other (non-transmitting) road users 210 that do not transmit road user data 111, 121. Furthermore, FIG. 2 shows a virtual arrangement pattern (below) which was ascertained on the basis of the road user data 111, 121. In particular, the virtual arrangement pattern indicates the network IDs (ID 1 to ID 8) of the transmitting road users 110, 120) and
determining the road users in the traffic map who can send or receive traffic messages (see at least [0018]: determining, based on the physical arrangement and based on the road user data, at least one non-transmitting road user in the roadway area from which no road user data was received, [0038]: transmission of maneuver information and/or movement intention information and/or priority information directly to the first road user by means of the communication identifier can take place in particular when a sufficient degree of relevance for the vehicle is determined, [0043]: road user is configured to receive a request message, wherein the request message indicates that the road user is to send road user data. In addition, the road user is configured to thereupon send road user data, wherein the road user data comprise: position information regarding a position of the road user and a communication identifier that enables direct communication with the road user), and
checking whether a critical situation could arise between road users within the traffic area (see at least [0021]: maneuver information and/or movement intention information and/or priority information can be sent directly to the first road user by means of the communication identifier, [0025]: one or more parameters of the communication can be varied…one or more directions of communication, a precondition for communication with specific road users or devices, [0026]: criteria for determining or updating an assignment information item and/or for establishing a communication item and/or for automatically transmitting at least one piece of useful information item can be, for example, a maneuver relevance, an increased probability of a collision and/or a disturbance of at least one road user),
if a critical situation could arise between at least two road users: checking whether at least one of the at least two road users can send or receive traffic messages (see at least [0007]: road user data comprise a communication identifier (also referred to as a network ID in this document) which enables direct communication with the specific road user (via a wireless communication network). In particular, the communication identifier can make it possible to send a message directly addressed to the specific road user, [0018]: non-transmitting road user, [0021]: maneuver information and/or movement intention information and/or priority information can be sent directly to the first road user by means of the communication identifier, [0038]: transmission of maneuver information and/or movement intention information and/or priority information directly to the first road user by means of the communication identifier can take place in particular when a sufficient degree of relevance for the vehicle is determined…relevance can be present with respect to or on the basis of a movement or relative movement of at least one road user in a longitudinal or transverse direction. For example, the relevance can be determined on the basis of one or more determined TTC (=time to collision)), and
if at least one of the at least two road users can send or receive traffic messages: sending a traffic message to that road user (see at least [0038]: transmission of maneuver information and/or movement intention information and/or priority information directly to the first road user by means of the communication identifier can take place in particular when a sufficient degree of relevance for the vehicle is determined…relevance can be present with respect to or on the basis of a movement or relative movement of at least one road user in a longitudinal or transverse direction. For example, the relevance can be determined on the basis of one or more determined TTC (=time to collision)),
wherein the traffic message contains information about the at least one of the at least two road users who cannot send or receive traffic messages (see at least [0087]: Information representing road users 210 and/or position information of road users 210 that have not sent a response can be sent to vehicle 110, possibly together with the assignment information, [0088]: “non-communicating” road user);
wherein the determining of road users who can send or receive traffic messages includes an examination of whether the road users can send or receive basic safety messages comprising position and movement information of the road user or collective perception messages which additionally include information from the road user’s sensors (see at least [0007], [0018], [0021]: maneuver information and/or movement intention information and/or priority information can be sent directly to the first road user by means of the communication identifier, [0038], [0080], [0082]: position information can also comprise movement data of the respective road user 110, 120. Two or more pieces of position information can be evaluated at two or more time intervals in each case. By means of this position information, the movement data (speed, acceleration, angle, etc.) of the respective road user 110, 120 (at least in relation to the near future or the near past, e.g. of a few seconds) can also be determined and taken into account; instant application’s specification recites page 1: traffic messages may include information about the respective road user, wherein this information may include, for example, the position, speed and/or a planned route of the road user within the traffic area. This type of traffic message is also known as a Basic Safety Message (BSM). In addition, such traffic messages may also contain additional information, such as information from vehicle sensors that record the road user's surroundings. Such traffic messages may, for example, be referred to as a Collective Perception Message (CPM))),
wherein the sending of the traffic message to at least one road user is performed depending on this examination (see at least [0038]: transmission of maneuver information and/or movement intention information and/or priority information directly to the first road user by means of the communication identifier can take place in particular when a sufficient degree of relevance for the vehicle is determined…relevance can be present with respect to or on the basis of a movement or relative movement of at least one road user in a longitudinal or transverse direction. For example, the relevance can be determined on the basis of one or more determined TTC (=time to collision)).
As per claim 2, Augst discloses wherein if at least one road user cannot send or receive a traffic message, a traffic message containing information about at least one road user is created and sent (see at least [0087]: Information representing road users 210 and/or position information of road users 210 that have not sent a response can be sent to vehicle 110, possibly together with the assignment information, [0088]: “non-communicating” road user).
As per claim 3, Augst discloses wherein if at least one vehicle can send or receive a collective perception message, a collective perception message is created and sent (see at least [0021]: maneuver information and/or movement intention information and/or priority information can be sent directly to the first road user by means of the communication identifier, [0082]: position information can also comprise movement data of the respective road user 110, 120. Two or more pieces of position information can be evaluated at two or more time intervals in each case. By means of this position information, the movement data (speed, acceleration, angle, etc.) of the respective road user 110, 120 (at least in relation to the near future or the near past, e.g. of a few seconds) can also be determined and taken into account; instant application’s specification recites page 1: traffic messages may include information about the respective road user, wherein this information may include, for example, the position, speed and/or a planned route of the road user within the traffic area. This type of traffic message is also known as a Basic Safety Message (BSM). In addition, such traffic messages may also contain additional information, such as information from vehicle sensors that record the road user's surroundings. Such traffic messages may, for example, be referred to as a Collective Perception Message (CPM), [0107], [0109]: By means of the assignment information, maneuver information or movement intention information for which an arrangement/assignment of a specific road user 110, 120 (possibly relative to the ego vehicle 100) is relevant can be transmitted and/or matched).
As per claim 4, Augst discloses wherein the determining of road users who can send or receive traffic messages is done by receiving traffic messages of road users (see at least [0018]: include determining, based on the physical arrangement and based on the road user data, at least one non-transmitting road user in the roadway area from which no road user data was received, [0086]: One or more road users may also be ascertained that have not sent a response to a request. Such a road user can be detected depending on a facing of the virtual arrangement pattern from position information (with the network IDs) and a corresponding physical arrangement…There are (transmitting) road users 110, 120 that transmit road user data 111, 121 and other (non-transmitting) road users 210 that do not transmit road user data 111, 121, [0097]: The road users 110, 120 transmit their current position information which is determined, for example, from a global positioning system (GPS, Galileo), optionally together with wheel sensors and optionally a camera. These are sent together with the (typically automatically) assigned network ID and received by the vehicle 100 or the infrastructure device 130).
As per claim 5, Augst discloses wherein if at least one road user cannot send or receive a traffic message, a traffic message containing information about at least one road user is created and sent (see at least [0087]: Information representing road users 210 and/or position information of road users 210 that have not sent a response can be sent to vehicle 110, possibly together with the assignment information, [0088]: “non-communicating” road user).
As per claim 6, Augst discloses wherein if at least one road user can send or receive a basic safety message, the traffic monitoring system creates and sends a basic safety message containing information about at least one road user who cannot send or receive a traffic message (see at least [0041]: device is configured to determine, on the basis of the physical arrangement and on the basis of the road user data, assignment information which indicates a communication identifier for the first road user, [0087]: Information representing road users 210 and/or position information of road users 210 that have not sent a response can be sent to vehicle 110, possibly together with the assignment information; instant application’s specification recites page 1: traffic messages may include information about the respective road user, wherein this information may include, for example, the position, speed and/or a planned route of the road user within the traffic area. This type of traffic message is also known as a Basic Safety Message (BSM). In addition, such traffic messages may also contain additional information, such as information from vehicle sensors that record the road user's surroundings. Such traffic messages may, for example, be referred to as a Collective Perception Message (CPM))).
As per claim 7, Augst discloses wherein if at least one vehicle can send or receive a collective perception message, a collective perception message is created and sent (see at least [0082]: position information can also comprise movement data of the respective road user 110, 120. Two or more pieces of position information can be evaluated at two or more time intervals in each case. By means of this position information, the movement data (speed, acceleration, angle, etc.) of the respective road user 110, 120 (at least in relation to the near future or the near past, e.g. of a few seconds) can also be determined and taken into account; instant application’s specification recites page 1: traffic messages may include information about the respective road user, wherein this information may include, for example, the position, speed and/or a planned route of the road user within the traffic area. This type of traffic message is also known as a Basic Safety Message (BSM). In addition, such traffic messages may also contain additional information, such as information from vehicle sensors that record the road user's surroundings. Such traffic messages may, for example, be referred to as a Collective Perception Message (CPM), [0107], [0109]: By means of the assignment information, maneuver information or movement intention information for which an arrangement/assignment of a specific road user 110, 120 (possibly relative to the ego vehicle 100) is relevant can be transmitted and/or matched).
As per claim 10, Augst discloses wherein the determining of road users includes detection of position as well as movement information (see at least [0082]: position information can also comprise movement data of the respective road user 110, 120. Two or more pieces of position information can be evaluated at two or more time intervals in each case. By means of this position information, the movement data (speed, acceleration, angle, etc.) of the respective road user 110, 120 (at least in relation to the near future or the near past, e.g. of a few seconds) can also be determined and taken into account; instant application’s specification recites page 1: traffic messages may include information about the respective road user, wherein this information may include, for example, the position, speed and/or a planned route of the road user within the traffic area. This type of traffic message is also known as a Basic Safety Message (BSM). In addition, such traffic messages may also contain additional information, such as information from vehicle sensors that record the road user's surroundings. Such traffic messages may, for example, be referred to as a Collective Perception Message (CPM), [0107], [0109]: By means of the assignment information, maneuver information or movement intention information for which an arrangement/assignment of a specific road user 110, 120 (possibly relative to the ego vehicle 100) is relevant can be transmitted and/or matched).
As per claim 11, Augst discloses wherein the determining of road users includes the determining direction of movement, speed or a steering angle (see at least [0082]: position information can also comprise movement data of the respective road user 110, 120. Two or more pieces of position information can be evaluated at two or more time intervals in each case. By means of this position information, the movement data (speed, acceleration, angle, etc.) of the respective road user 110, 120 (at least in relation to the near future or the near past, e.g. of a few seconds) can also be determined and taken into account, [0097]: The road users 110, 120 transmit their current position information which is determined, for example, from a global positioning system (GPS, Galileo), optionally together with wheel sensors and optionally a camera. These are sent together with the (typically automatically) assigned network ID and received by the vehicle 100 or the infrastructure device 130).
As per claim 12, Augst discloses wherein after the traffic messages have been received, it is checked whether the traffic messages contain information on road users which were not detected by the at least one environment sensor and the traffic map is supplemented with this information (see at least [0007]: enables direct communication with the specific road user, [0008]: determination of a physical arrangement of road users or of a second set of road users in the roadway area on the basis of surroundings data of the roadway area acquired by sensors, [0009]-[0010]: determining a virtual arrangement of the road users (from the first set of road users and in particular simultaneously from the second set of road users) in the roadway area on the basis of the position information…the determination of the assignment information can comprise the comparison of the virtual arrangement and the physical arrangement…virtual arrangement displays an arrangement of the communication identifiers of the road users (at different positions) in the roadway area. The physical arrangement may indicate an arrangement of the road users (at corresponding different positions) in the roadway area, [0011]: Determining the mapping information may include determining a measure of similarity (in particular, match) or dissimilarity between the virtual device and the physical device, [0036]: physical arrangement can be determined as a function of data from at least one sensor of a vehicle and at least one further sensor carried along with a further road user and/or a sensor mounted essentially stationary on an infrastructure apparatus. The method can thereby comprise a step for completing and/or verifying and/or correcting the environment data, [0089]: "place holders" for the "non-communicating" traffic participants 210 can be provided in the virtual arrangement pattern (see dashed rectangles).).
As per claim 13, Augst discloses a traffic monitoring system for a traffic area with at least one environment sensor for detecting the traffic area and the road users in the traffic area as well as a communication device for sending and receiving traffic messages from road users, wherein the traffic messages may contain status information of the road user or information from the road user’s sensors, wherein the traffic monitoring system is configured to carry out a method according to claim 1 (see at least [0007]: road user data can be sent by the respective road users via a wireless communication network (e.g. WLAN), [0008]: roadway area…environmental data for ascertaining the physical arrangement can be ascertained, for example, in a precise manner by one or more sensors laterally, above and/or within a roadway of the roadway region. Alternatively or additionally, the environment data can be acquired by one or more sensors of the device which carries out the described method (e.g. the ego vehicle and/or the infrastructure device) and/or by one or more sensors of a road user, [0043]: road traffic, [0082]: position information can also comprise movement data of the respective road user 110, 120. Two or more pieces of position information can be evaluated at two or more time intervals in each case. By means of this position information, the movement data (speed, acceleration, angle, etc.) of the respective road user 110, 120 (at least in relation to the near future or the near past, e.g. of a few seconds) can also be determined and taken into account; instant application’s specification recites page 1: traffic messages may include information about the respective road user, wherein this information may include, for example, the position, speed and/or a planned route of the road user within the traffic area. This type of traffic message is also known as a Basic Safety Message (BSM). In addition, such traffic messages may also contain additional information, such as information from vehicle sensors that record the road user's surroundings. Such traffic messages may, for example, be referred to as a Collective Perception Message (CPM), [0107], [0109]: By means of the assignment information, maneuver information or movement intention information for which an arrangement/assignment of a specific road user 110, 120 (possibly relative to the ego vehicle 100) is relevant can be transmitted and/or matched).
As per claim 14, Augst discloses wherein the environment sensor or the communication device are configured to be mobile (see at least [0008]: environment data can be acquired by one or more sensors of the device which carries out the described method (e.g. the ego vehicle and/or the infrastructure device) and/or by one or more sensors of a road user, [0063]: ego vehicle 100 includes one or more environment sensors 102 (e.g., a camera, a radar sensor, an ultrasonic sensor, a LIDAR sensor, etc.) that are configured to acquire environment data regarding an environment of the ego vehicle 100, [0092]: sensors 230 above or to the side of the roadway (e.g. camera, laser scanner, light barriers, etc.) and/or inductive sensors or capacitive sensors integrated into the roadway can be used).
As per claim 15, Augst discloses wherein the environment or the communication device are installed on a vehicle or a road user (see at least [0008]: environment data can be acquired by one or more sensors of the device which carries out the described method (e.g. the ego vehicle and/or the infrastructure device) and/or by one or more sensors of a road user, [0063]: ego vehicle 100 includes one or more environment sensors 102 (e.g., a camera, a radar sensor, an ultrasonic sensor, a LIDAR sensor, etc.) that are configured to acquire environment data regarding an environment of the ego vehicle 100, [0092]: sensors 230 above or to the side of the roadway (e.g. camera, laser scanner, light barriers, etc.) and/or inductive sensors or capacitive sensors integrated into the roadway can be used).
As per claim 16, Augst discloses wherein the environment sensor or the communication device are installed stationary in or on the traffic area (see at least [0065]: sending network IDs and position information (i.e. road user data 111, 121) of two or more road users 110, 120 from a roadway area to a vehicle 100 and/or to an infrastructure apparatus 130, [0097]: A request can be sent from the ego vehicle 100 or from an infrastructure device 130 to the surrounding roadway area or into the local environment).
As per claim 17, Augst discloses wherein the environment sensor or the communication device are configured to be mobile (see at least [0008]: environment data can be acquired by one or more sensors of the device which carries out the described method (e.g. the ego vehicle and/or the infrastructure device) and/or by one or more sensors of a road user, [0063]: ego vehicle 100 includes one or more environment sensors 102 (e.g., a camera, a radar sensor, an ultrasonic sensor, a LIDAR sensor, etc.) that are configured to acquire environment data regarding an environment of the ego vehicle 100, [0092]: sensors 230 above or to the side of the roadway (e.g. camera, laser scanner, light barriers, etc.) and/or inductive sensors or capacitive sensors integrated into the roadway can be used).
As per claim 18, Augst discloses wherein the environment or the communication device are installed on a vehicle or a road user (see at least [0008]: environment data can be acquired by one or more sensors of the device which carries out the described method (e.g. the ego vehicle and/or the infrastructure device) and/or by one or more sensors of a road user, [0063]: ego vehicle 100 includes one or more environment sensors 102 (e.g., a camera, a radar sensor, an ultrasonic sensor, a LIDAR sensor, etc.) that are configured to acquire environment data regarding an environment of the ego vehicle 100, [0092]: sensors 230 above or to the side of the roadway (e.g. camera, laser scanner, light barriers, etc.) and/or inductive sensors or capacitive sensors integrated into the roadway can be used).
As per claim 19, Augst discloses wherein the environment sensor has an optical, acoustic or electromagnetic sensor (see at least [0008]: environment data can be acquired by one or more sensors of the device which carries out the described method (e.g. the ego vehicle and/or the infrastructure device) and/or by one or more sensors of a road user, [0063]: ego vehicle 100 includes one or more environment sensors 102 (e.g., a camera, a radar sensor, an ultrasonic sensor, a LIDAR sensor, etc.) that are configured to acquire environment data regarding an environment of the ego vehicle 100, [0092]: sensors 230 above or to the side of the roadway (e.g. camera, laser scanner, light barriers, etc.) and/or inductive sensors or capacitive sensors integrated into the roadway can be used).
As per claim 20, Augst discloses wherein the environment sensor has a camera, a RADAR or a LIDAR sensor (see at least [0008]: environment data can be acquired by one or more sensors of the device which carries out the described method (e.g. the ego vehicle and/or the infrastructure device) and/or by one or more sensors of a road user, [0063]: ego vehicle 100 includes one or more environment sensors 102 (e.g., a camera, a radar sensor, an ultrasonic sensor, a LIDAR sensor, etc.) that are configured to acquire environment data regarding an environment of the ego vehicle 100, [0092]: sensors 230 above or to the side of the roadway (e.g. camera, laser scanner, light barriers, etc.) and/or inductive sensors or capacitive sensors integrated into the roadway can be used).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Augst in view of US 20240303999 (Gupta).
As per claim 8, Augst does not explicitly disclose wherein the collective perception message contains only information about road users who cannot send or receive a traffic message.
However, Gupta teaches wherein the collective perception message contains only information about road users who cannot send or receive a traffic message (see at least [0027]: Legacy vehicles may be unable to advertise their presence to other connected vehicles, and vehicles with different communication technologies may be unable to directly broadcast or otherwise communicate information to other vehicles that lack support for the same communication technologies, [0036]: a legacy, non-connected vehicle 1021-B (e.g., without a TCU), if a smart infrastructure 104 sensor is present, such as a camera/radar, the infrastructure 104 may detect the presence of the legacy vehicle 102A-102B and send this information to the MEC. The MEC may then take steps to advertise its presence to neighboring connected vehicles 102C-102J, which may use this information as an input to their connected applications).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Augst by incorporating the teachings of Gupta with a reasonable expectation of success in order to advertise the presence of the legacy vehicle to neighboring connected vehicles and improving travel safety.
As per claim 9, Augst does not explicitly disclose wherein the collective perception message contains only information on road users for whom no basic safety message has been created and sent.
However, Gupta teaches wherein the collective perception message contains only information on road users for whom no basic safety message has been created and sent (see at least [0031]: system 100 includes non-connected legacy vehicles 102A-102B that lack on-board units (OBU), [0036]: a legacy, non-connected vehicle 1021-B (e.g., without a TCU), if a smart infrastructure 104 sensor is present, such as a camera/radar, the infrastructure 104 may detect the presence of the legacy vehicle 102A-102B and send this information to the MEC. The MEC may then take steps to advertise its presence to neighboring connected vehicles 102C-102J, which may use this information as an input to their connected applications).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the invention as disclosed by Augst by incorporating the teachings of Gupta with a reasonable expectation of success in order to advertise the presence of the legacy vehicle to neighboring connected vehicles and improving travel safety.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20190164422 (Bai) (see at least [0099]: roadway behavioral module 208 may analyze the roadway behavioral map to analyze and predict overlap(s) in traveling paths of the non-equipped vehicle(s) 108 and the equipped vehicle(s) 106 within the surrounding environment of the at least one roadway and environmental conditions that may be occurring within the surrounding environment of the at least one roadway that may possibly impact the non-equipped vehicle(s) 108 and the equipped vehicle(s) 106 located within the surrounding environment of the at least one roadway., [0120]).
US 11138870 (Lyons) (see at least column 5 lines 65-67: determines the travel attributes of the non-connected vehicles, such as non-connected vehicle 140, based on the relative sensor data received from connected vehicles 130a, 130b, and 130c, column 10 lines 19-30: Based on the received sensor data of connected vehicles 130a, 130b, and 130c, on-demand crossing program 200 determines that non-connected vehicles are present within the predetermined vicinity of connected vehicles 130a, 130b, and 130c. On-demand crossing program 200 further analyzes the transmitted sensor data from connected vehicles 130a, 130b, and 130c associated with the detected non-connected vehicles and determined the travel attributes of the non-connected vehicles, including location, travel direction, speed, and relative position to connected vehicles 130a, 130b, and 130c).
US 20250058777 (Park) (see at least [0261]: velocity and acceleration of the non-connected vehicle may be information shared after being measured by the radar sensor of the connected vehicle positioned immediately behind the non-connected vehicle).
US 20220013008 (Katz) (see at least abstract: Locations of road users are calculated from the sensor data and the V2X communication enabling the detection of connected and non-connected road users. Once connected and non-connected road users are detected at a site, this information can be used to control traffic, [0045]: processing unit 104 receives input (also referred to herein as sensor data) from the sensor 102 and from the V2X communication module 103 and can detect and optionally identify, based on the inputs, connected and non-connected road users.)
US 20110298603 (King) (see at least abstract: base station is for receiving the velocity and position data of the vehicles so as to process the velocity and position data of the vehicles to determine the probability of the vehicles colliding. The base station transmits a warning signal when the probability exceeds a threshold. The warning signal apparatus is positioned preceding the intersection. The warning signal receives the warning signal from the base station to alert a driver of one of the vehicles of an imminent collision, [0161]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELINA M SHUDY whose telephone number is (571)272-6757. The examiner can normally be reached M - F 10am - 6pm.
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Angelina Shudy
Primary Examiner
Art Unit 3668
/Angelina M Shudy/Primary Examiner, Art Unit 3668
Prosecution Insights