DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are pending in Instant Application.
Priority
Examiner acknowledges Applicant’s claim to priority benefits of U.S. Patent Application No. 18/733,475, filed June 4, 2024, now U.S. Patent No. 12,333,932, issued June 17, 2025, which is a continuation of U.S. Patent Application No. 17/840,243, filed June 14, 2022, now U.S. Patent No. 12,008,893, issued June 11, 2024, which is a continuation of U.S. Patent Application No. 17/741,903, filed May 11, 2022, now U.S. Patent No. 11,881,101, issued January 23, 2024, which is a continuation of U.S. Patent Application No. 16/776,846, filed January 30, 2020, now U.S. Patent No. 11,430,328, issued August 30, 2022, which is a continuation of U.S. Patent Application No. 16/135,916, filed September 19, 2018, now U.S. Patent No. 10,692,365, issued June 23, 2020, which claims the benefit of U.S. Provisional Patent Application No. 62/627,005, filed February 6, 2018; and is a continuation-in-part of U.S. Patent Application No. 15/628,331, filed June 20, 2017, now U.S. Patent No. 10,380,886, issued August 13, 2019, which claims the benefit of U.S. Provisional Patent Application No. 62/507,453, filed May 17, 2017.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 11/18/2025, 02/10/2026, and 06/04/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
sensing module is configured to detect in claims 1, 8
communication module communicates in claims 1, 8, 16
data fusion module is configured to process in claim 1
prediction module is configured to provide in claim 8
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The following interpreted corresponding structures were not able to be found within the specifications:
sensing module
communication module
data fusion module
prediction module
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Double Patenting
A rejection based on double patenting of the "same invention" type finds its support in the language of 35 U.S.C. 101 which states that "whoever invents or discovers any new and useful process ... may obtain a patent therefor ..." (Emphasis added). Thus, the term "same invention," in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957); and In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the conflicting claims so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1, 7-8, and 16 are non-provisionally rejected on the ground of non-statutory non-obviousness-type double patenting as being unpatentable over claims 1, 20, and 39 of Ran et al., U.S. Patent 12,327,471. Although the claims at issue are not identical, they are not patentably distant from each other because they are drawn to obvious variations.
In view of the above, since the subject matters recited in the claims 1, 7-8, and 16 of the instant application were fully disclosed in and covered by the claims 1, 20, and 39 of US Patent 12,237,471, allowing the claims to result in an unjustified or improper timewise extension of the "right to exclude" granted by a patent.
Claims 1-20 are non-provisionally rejected on the ground of non-statutory non-obviousness-type double patenting as being unpatentable over claims 1-19 of Ran et al., U.S. Patent 12,260,746. Although the claims at issue are not identical, they are not patentably distant from each other because they are drawn to obvious variations.
In view of the above, since the subject matters recited in the claims 1-19 of the instant application were fully disclosed in and covered by the claims 1-19 of US Patent 12,260,746, allowing the claims to result in an unjustified or improper timewise extension of the "right to exclude" granted by a patent.
Claims 1, 8, and 16 are provisionally rejected on the ground of non-statutory non-obviousness-type double patenting as being unpatentable over claims 1 and 13 of Ran et al., U.S. co-pending application 19/090,669. Although the claims at issue are not identical, they are not patentably distant from each other because they are drawn to obvious variations.
In view of the above, since the subject matters recited in the claims 1, 8, and 16 of the instant application were fully disclosed in and covered by the claims 1 and 13 of US co-pending application 19/090,669, allowing the claims to result in an unjustified or improper timewise extension of the "right to exclude" granted by a patent.
Claims 1, 8, and 16 are provisionally rejected on the ground of non-statutory non-obviousness-type double patenting as being unpatentable over claims 1, 11, and 15 of Ran et al., U.S. co-pending application 19/233,435. Although the claims at issue are not identical, they are not patentably distant from each other because they are drawn to obvious variations.
In view of the above, since the subject matters recited in the claims 1, 8, and 16 of the instant application were fully disclosed in and covered by the claims 1, 11, and 15 of US co-pending application 19/233,435, allowing the claims to result in an unjustified or improper timewise extension of the "right to exclude" granted by a patent.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The analysis of the claims’ subject matter eligibility will follow the 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50-57 (January 7, 2019) (“2019 PEG”).
With respect to claims 1, 8, and 16.
Claims 1, 8, and 16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1 Analysis: Claims 1, 8, and 16 are directed to one of the statutory categories.
Step 2A Prong One Analysis: the claim recites, inter alia:
“detect the environment": A person of ordinary skill in the art can mentally and/or physically detect the surrounding enviroment. Thus, this limitation is construed to be directed to the abstract idea of mental processes.
as drafted, is a process that, under its broadest reasonable interpretation, covers mental processes concepts performed in the human mind (including an observation, evaluation, judgment, opinion) but for the recitation of generic computer components. Accordingly, the claim recites an abstract idea.
Step 2A Prong Two Analysis: This judicial exception is not integrated into a practical application. The only limitations not treated above, “the communication module communicates with one or more of: (1) other autonomous vehicles (AVs), (2) a roadside unit (RSU), (3) a cloud platform, or (4) a traffic control center/traffic control unit (TCC/TCU)”, “receives vehicle-specific information from said one or more of: (1) other AVs, (2) the RSU, (3) the cloud platform, or (4) the TCC/TCU”, “process data from the sensing module and/or the communication module, and to fuse multi-source data collected from vehicle sensors and the cloud”, and “provides sensing, prediction, decision-making, and/or control for the AV based on the fused data”, involves the mere gathering of data, which is insignificant extra-solution activity. See MPEP § 2106.05(g). In particular, the claim only recites additional elements that are mere instructions to implement an abstract idea on a computer, or merely uses a computer as a tool to perform an abstract idea. See MPEP 2106.05(f). The additional element of the “onboard unit” and “sensing module”, “communication module”, “and “data fusion module” are recited at a high level of generality, and comprises only a processor to simply perform the generic computer functions. Generic computers performing generic computer functions, alone, do not amount to significantly more than the abstract idea. The generic computer components in these steps are recited at a high-level of generality (i.e., as a generic computer component performing a generic computer function) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
Step 2B Analysis: The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using generic computer components to perform the abstract idea amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. Furthermore, under the 2019 PEG, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B. Here, the communication step is considered to be insignificant extra-solution activity in Step 2A, and thus they are re-evaluated in Step 2B to determine if they are more than what is well-understood, routine, conventional activity in the field. The background recites that the communication module is conventional transmitter/receiver mounted on the vehicle, and the specification does not provide any indication that this is anything other than a conventional computer within a vehicle. 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 (as it is here). Thus, the claim is ineligible.
Dependent claims: Dependent claims(s) 2-7, 9-15, and 17-20 do not recite any further limitations that cause the claim(s) to be patent eligible. Rather, the limitations of the dependent claims are directed toward additional aspects of the judicial exception and/or well-understood, routine and conventional additional elements that do not integrate the judicial exception into a practical application. Therefore, dependent claims 2-7, 9-15, and 17-20 are not patent eligible under the same rationale as provided for in the rejection of claims 1, 8, and 16. Therefore, claim(s) 1-20 are ineligible under 35 USC §101.
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 pre-AIA the applicant regards as the invention.
Regarding claim 1, claim element “sensing module is configured to detect…", “communication module communicates…”, and “data fusion module is configured to process…” are limitations that invoke 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for the claimed function. However the specification does not show how these units are implemented in terms of hardware and detailed algorithm. The specification does not clearly associate circuits and corresponding detailed algorithm with corresponding hardware for claim element reciting element “sensing module is configured to detect…", “communication module communicates…”, and “data fusion module is configured to process…” in claim 1.
Regarding claim 8, claim element “sensing module is configured to detect…", “communication module communicates…”, and “prediction module is configured to provide…” are limitations that invoke 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for the claimed function. However the specification does not show how these units are implemented in terms of hardware and detailed algorithm. The specification does not clearly associate circuits and corresponding detailed algorithm with corresponding hardware for claim element reciting element “sensing module is configured to detect…", “communication module communicates…”, and “prediction module is configured to provide…” in claim 8.
Regarding claim 16, claim element “communication module communicates…” is a limitation that invoke 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for the claimed function. However the specification does not show how these units are implemented in terms of hardware and detailed algorithm. The specification does not clearly associate circuits and corresponding detailed algorithm with corresponding hardware for claim element reciting element “sensing module is configured to detect…", “communication module communicates…”, and “data fusion module is configured to process…” in claim 16.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or 35 U.S.C. 112 (pre-AIA ), sixth paragraph; or
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the claimed function, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
The above cited rejections are merely exemplary.
The Applicant(s) are respectfully requested to correct all similar errors.
Claims not specifically mentioned are rejected by virtue of their dependency.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6 and 8-18 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Konrardy et al. (USPGPub 2018/0075538). As per claim 1, Konrardy discloses an autonomous vehicle intelligent system (AVIS) comprising: an onboard unit (OBU) (see at least Figure 1; item 114), wherein an autonomous vehicle (AV) comprises said AVIS (see at least Figure 1; item 108); wherein the OBU comprises a sensing module, a communication module, and a data fusion module (see at least Figure 2), wherein: a) the sensing module is configured to detect the environment (see at least paragraph 0093; wherein the sensor data may further include information regarding weather conditions); b) the communication module communicates with one or more of: (1) other autonomous vehicles (AVs), (2) a roadside unit (RSU), (3) a cloud platform, or (4) a traffic control center/traffic control unit (TCC/TCU) (see at least paragraph 0094; wherein the controller 204 may receive autonomous communication data from the communication component 122 or the communication module 220 at block 408. The communication data may include information from other external sources (e.g., map databases, weather databases, or traffic and accident databases)); and receives vehicle-specific information from said one or more of: (1) other AVs, (2) the RSU, (3) the cloud platform, or (4) the TCC/TCU (see at least paragraph 0094; wherein the communication data may include information from other autonomous vehicles (e.g., sudden changes to vehicle speed or direction, intended vehicle paths, hard braking, vehicle failures, collisions, or maneuvering or stopping capabilities), infrastructure (road or lane boundaries, bridges, traffic signals, control gates, or emergency stopping areas), or other external sources (e.g., map databases, weather databases, or traffic and accident databases)); and c) the data fusion module is configured to process data from the sensing module and/or the communication module, and to fuse multi-source data collected from vehicle sensors and the cloud (see at least paragraph 0095; wherein the controller 204 may process the sensor data, the communication data, and the settings or configuration information to determine whether an incident has occurred. As used herein, an “incident” is an occurrence during operation of an autonomous vehicle outside of normal safe operating conditions, such that one or more of the following occurs: (iv) the conditions require action to be taken by an autonomous operation feature. Incidents may include collisions, hard braking, hard acceleration, evasive maneuvering, loss of traction, detection of objects within a threshold distance from the vehicle 108); and wherein the OBU provides sensing, prediction, decision-making, and/or control for the AV based on the fused data (see at least paragraph 0095; wherein the controller 204 may process the sensor data, the communication data, and the settings or configuration information to determine whether an incident has occurred. As used herein, an “incident” is an occurrence during operation of an autonomous vehicle outside of normal safe operating conditions, such that one or more of the following occurs: (iv) the conditions require action to be taken by an autonomous operation feature. Incidents may include collisions, hard braking, hard acceleration, evasive maneuvering, loss of traction, detection of objects within a threshold distance from the vehicle 108). As per claims 2 and 9, Konrardy discloses wherein said sensing module includes one or more of the following types of sensors: a) a radar based sensor that works with a vision based sensor to sense driving environment and vehicle attribute data; b) vision based sensors that work with radar based sensors to provide driving environment data; c) a satellite based navigation system that works with an inertial navigation system to support vehicle locating; d) the inertial navigation system that works with the satellite based navigation system to support vehicle locating; and e) vehicle identification devices (see at least paragraph 0085; wherein a sensor 120 comprising a radar or LIDAR unit). As per claims 3 and 10, Konrardy discloses wherein said sensing module generates comprehensive information at real-time, short-time, and long-term scale for transportation behavior prediction and management, planning and decision-making, and vehicle control (see at least paragraph 0067; wherein some of the sensors 120 (e.g., radar, LIDAR, or camera units) may actively or passively scan the vehicle environment for obstacles (e.g., other vehicles, buildings, pedestrians, etc.), lane markings, or signs or signals. Other sensors 120 (e.g., GPS, accelerometer, or tachometer units) may provide data for determining the location or movement of the vehicle 108. Other sensors 120 may be directed to the interior or passenger compartment of the vehicle 108, such as cameras, microphones, pressure sensors, thermometers, or similar sensors to monitor the vehicle operator and/or passengers within the vehicle 108. Information generated or received by the sensors 120 may be communicated to the on-board computer 114 or the mobile device 110 for use in autonomous vehicle operation). As per claims 4 and 11, Konrardy discloses wherein said communication module communicates vehicle static information and/or vehicle dynamic information to the TCC/TCU or to the cloud platform (see at least paragraph 0087; wherein the controller 204 may also log or transmit the autonomous control actions to the server 140 via the network 130 for analysis). As per claims 5 and 12, Konrardy discloses wherein said vehicle static information comprises vehicle identifier, vehicle size, vehicle type, vehicle software information, and/or vehicle hardware information (see at least paragraph 0091; wherein vehicle condition information may include information regarding the type, make, and model of the vehicle 108, the age or mileage of the vehicle 108, the status of vehicle equipment (e.g., tire pressure, non-functioning lights, fluid levels, etc.), or other information relating to the vehicle 108. In some embodiments, the timestamp may be recorded on the client device 114, the mobile device 110, or the server 140). As per claims 6 and 13, Konrardy discloses wherein said vehicle dynamic information comprises a timestamp, a set of GPS coordinates, a vehicle longitudinal position, a vehicle lateral position, a vehicle speed, a vehicle acceleration, a vehicle origin, and/or a vehicle destination (see at least paragraph 0087; wherein the controller 204 may also log or transmit the autonomous control actions to the server 140 via the network 130 for analysis). As per claim 8, Konrardy discloses an autonomous vehicle intelligent system (AVIS) comprising: an onboard unit (OBU) (see at least Figure 1; item 114), wherein: an autonomous vehicle (AV) comprises said AVIS (see at least Figure 1; item 108); and the OBU comprises a sensing module, a communication module, and a prediction module (see at least Figure 2), wherein a) the sensing module is configured to detect the environment (see at least paragraph 0093; wherein the sensor data may further include information regarding weather conditions); b) the communication module communicates with one or more of: (1) other autonomous vehicles (AVs), (2) a roadside unit (RSU), (3) a cloud platform, or (4) a traffic control center/traffic control unit (TCC/TCU) (see at least paragraph 0094; wherein the controller 204 may receive autonomous communication data from the communication component 122 or the communication module 220 at block 408. The communication data may include information from other external sources (e.g., map databases, weather databases, or traffic and accident databases)); and receives vehicle-specific information from said one or more of: (1) other AVs, (2) the RSU, (3) the cloud platform, or (4) the TCC/TCU (see at least paragraph 0094; wherein the communication data may include information from other autonomous vehicles (e.g., sudden changes to vehicle speed or direction, intended vehicle paths, hard braking, vehicle failures, collisions, or maneuvering or stopping capabilities), infrastructure (road or lane boundaries, bridges, traffic signals, control gates, or emergency stopping areas), or other external sources (e.g., map databases, weather databases, or traffic and accident databases)); c) the prediction module is configured to provide prediction based on learning models, statistical models, or empirical models (see at least paragraph 0095; wherein the controller 204 may process the sensor data, the communication data, and the settings or configuration information to determine whether an incident has occurred. As used herein, an “incident” is an occurrence during operation of an autonomous vehicle outside of normal safe operating conditions, such that one or more of the following occurs: (iv) the conditions require action to be taken by an autonomous operation feature. Incidents may include collisions, hard braking, hard acceleration, evasive maneuvering, loss of traction, detection of objects within a threshold distance from the vehicle 108); and wherein the OBU provides decision-making and/or control for the AV based on the prediction (see at least paragraph 0095; wherein the controller 204 may process the sensor data, the communication data, and the settings or configuration information to determine whether an incident has occurred. As used herein, an “incident” is an occurrence during operation of an autonomous vehicle outside of normal safe operating conditions, such that one or more of the following occurs: (iv) the conditions require action to be taken by an autonomous operation feature. Incidents may include collisions, hard braking, hard acceleration, evasive maneuvering, loss of traction, detection of objects within a threshold distance from the vehicle 108). As per claim 14, Konrardy discloses wherein said OBU provides planning and decision-making capabilities for the vehicle's longitudinal control and lateral control (see at least paragraph 0086; wherein the controller 204 may determine appropriate adjustments to the controls of the vehicle to maintain the desired bearing. If the vehicle 108 is moving within the desired path, the controller 204 may nonetheless determine whether adjustments are required to continue following the desired route (e.g., following a winding road). Under some conditions, the controller 204 may determine to maintain the controls based upon the sensor data (e.g., when holding a steady speed on a straight road)). As per claim 15, Konrardy discloses wherein said longitudinal control comprises car following, acceleration and deceleration, and said lateral control comprises lane keeping and lane changing (see at least paragraphs 0086-0087; wherein the controller 204 may process the sensor data to determine whether the vehicle 108 is remaining with its intended path (e.g., within lanes on a roadway). If the vehicle 108 is beginning to drift or slide (e.g., as on ice or water), the controller 204 may determine appropriate adjustments to the controls of the vehicle to maintain the desired bearing. If the vehicle 108 is moving within the desired path, the controller 204 may nonetheless determine whether adjustments are required to continue following the desired route (e.g., following a winding road). Under some conditions, the controller 204 may determine to maintain the controls based upon the sensor data (e.g., when holding a steady speed on a straight road). When the controller 204 determines an autonomous control action is required at block 308, the controller 204 may cause the control components of the vehicle 108 to adjust the operating controls of the vehicle to achieve desired operation at block 310. For example, the controller 204 may send a signal to open or close the throttle of the vehicle 108 to achieve a desired speed. Alternatively, the controller 204 may control the steering of the vehicle 108 to adjust the direction of movement. In some embodiments, the vehicle 108 may transmit a message or indication of a change in velocity or position using the communication component 122 or the communication module 220, which signal may be used by other autonomous vehicles to adjust their controls). As per claim 16, Konrardy discloses an autonomous vehicle intelligent system (AVIS), comprising: an onboard unit (OBU) (see at least Figure 1; item 114), wherein: an autonomous vehicle (AV) comprises said AVIS (see at least Figure 1; item 108); and the OBU comprises a communication module (see at least Figure 2), wherein the communication module communicates with one or more of: (a) other autonomous vehicles (AVs), (b) a roadside unit (RSU), (c) a cloud platform, or (d) a traffic control center/traffic control unit (TCC/TCU) (see at least paragraph 0094; wherein the controller 204 may receive autonomous communication data from the communication component 122 or the communication module 220 at block 408. The communication data may include information from other external sources (e.g., map databases, weather databases, or traffic and accident databases)); and receives vehicle- specific information from said one or more of: (a) other AVs, (b) the RSU, (c) the cloud platform, or (d) the TCC/TCU (see at least paragraph 0094; wherein the communication data may include information from other autonomous vehicles (e.g., sudden changes to vehicle speed or direction, intended vehicle paths, hard braking, vehicle failures, collisions, or maneuvering or stopping capabilities), infrastructure (road or lane boundaries, bridges, traffic signals, control gates, or emergency stopping areas), or other external sources (e.g., map databases, weather databases, or traffic and accident databases)); and the OBU operates the AV using the vehicle-specific information to provide a sensing function at a microscopic level, a prediction function at a microscopic level, a decision-making function at a microscopic level, and/or a control function at a microscopic level (see at least paragraph 0095; wherein the controller 204 may process the sensor data, the communication data, and the settings or configuration information to determine whether an incident has occurred. As used herein, an “incident” is an occurrence during operation of an autonomous vehicle outside of normal safe operating conditions, such that one or more of the following occurs: (iv) the conditions require action to be taken by an autonomous operation feature. Incidents may include collisions, hard braking, hard acceleration, evasive maneuvering, loss of traction, detection of objects within a threshold distance from the vehicle 108); and the OBU fuses multi-source data collected from vehicle sensors and the cloud (see at least paragraph 0094; wherein the communication data may be combined with the sensor data received at block 406 to obtain a more robust understanding of the vehicle environment); and predicts transportation network conditions for the AV at a microscopic level, comprising longitudinal movements and lateral movements (see at least paragraph 0095; wherein the controller 204 may process the sensor data, the communication data, and the settings or configuration information to determine whether an incident has occurred. As used herein, an “incident” is an occurrence during operation of an autonomous vehicle outside of normal safe operating conditions, such that one or more of the following occurs: (iv) the conditions require action to be taken by an autonomous operation feature. Incidents may include collisions, hard braking, hard acceleration, evasive maneuvering, loss of traction, detection of objects within a threshold distance from the vehicle 108). As per claim 17, Konrardy discloses further comprising a data collection module, wherein the data collection module monitors the operational state of the AV comprising said AVIS (see at least paragraph 0070; wherein the server 140 may further include a database 146, which may be adapted to store data related to the operation of the vehicle 108 and its autonomous operation features). As per claim 18, Konrardy discloses further comprising a vehicle control module, wherein said vehicle control module executes control instructions provided by the OBU or received from said communication module (see at least paragraph 0079; wherein the controller 204 of the on-board computer 114 may implement the autonomous vehicle operation application 232 to communicate with the sensors 120 to receive information regarding the vehicle 108 and its environment and process that information for autonomous operation of the vehicle 108).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Konrardy et al. (USPGPub 2018/0075538) in view of Okude et al. (USPGPub 2006/0287818). As per claim 7, Konrardy does not explicitly mention wherein said data fusion module uses models comprising learning-based models, statistical models, or empirical models. However Okude discloses: wherein said data fusion module uses models comprising learning-based models, statistical models, or empirical models (see at least paragraph 0043; wherein a time interval for performing statistical processing assumed to be five minutes, it may not be five minutes and be changed as needed. In addition to the cases of a fine weather, rain, and snow, values such as a rainfall amount, a snowfall amount, a temperature, a wind speed may be combined as a statistical unit of weather). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Okude with the teachings as in Konrardy. The motivation for doing so would have been to improve convenience for a user of the car-navi device, see Okude paragraph 0084.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Konrardy et al. (USPGPub 2018/0075538) in view of Koishi et al. (USPGPub 2019/0213888). As per claim 19, Konrardy does not explicitly mention wherein said AVIS is configured such that when a vehicle control system fails, the OBU takes over in a short time period to stop the vehicle safely. However Koishi does disclose: wherein said AVIS is configured such that when a vehicle control system fails, the OBU takes over in a short time period to stop the vehicle safely (see at least paragraph 0024; wherein the emergency evacuation control unit 102 detects a failure of the ALT, and, upon determining that the ALT has failed during automatic driving control, it carries out emergency evacuation control for safely stopping the vehicle). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Koishi with the teachings as in Konrardy. The motivation for doing so would have been to improve safety, see Koishi paragraph 0040.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Konrardy et al. (USPGPub 2018/0075538) in view of Mandeville-Clarke (USPGPub 2018/0233047). As per claim 20, Konrardy does not explicitly mention configured to distribute driving tasks and functions for a specific AV among a cloud platform, a TCC/TCU, and a RSU. However Mandeville-Clarke does disclose: configured to distribute driving tasks and functions for a specific AV among a cloud platform, a TCC/TCU, and a RSU (see at least paragraph 0055; wherein one or more of a mobile communications device, a control centre/back-end system for issuing instructions to one or more substantially autonomous vehicles, another substantially autonomous vehicle, a road-side sensor, an instruction received from the cloud). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Mandeville-Clarke with the teachings as in Konrardy. The motivation for doing so would have been to improve detection and response, see Mandeville-Clarke paragraph 0017.
Relevant Art
The prior art made of record and not relied upon are considered pertinent to applicant’s disclosure: USPGPub 2020/0351205 - Provided for optimizing a wireless network. A description of a traffic incident is received. An impact area is generated from the description. A geographic polygon is generated based on the impact area. The network usage of the geographic polygon is determined. A message including the network usage for the geographic polygon may be transmitted to a mobile network operator. USPGPub 2018/0188742 – Provide a system generates a high definition map for an autonomous vehicle to travel from a source location to a destination location. The system determines a low resolution route and receives high definition map data for a set of geographical regions overlaying the low resolution route. The system uses lane elements within the geographical regions to form a set of potential partial routes. The system calculates the error between the potential partial route and the low resolution route and removes potential partial routes with errors above the threshold. Once completed, the system selects a final route and sends signals to the controls of the autonomous vehicle to follow the final route.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHMOUD S ISMAIL whose telephone number is (571)272-1326. The examiner can normally be reached M - F: 8:00AM- 4:00PM.
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/MAHMOUD S ISMAIL/Primary Examiner, Art Unit 3662
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