DETAIL ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Notice on Prior Art Rejections
2. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Claims
3. This Office Action is in response to the Applicant's application filed June 25, 2025. Claims 1-20 are presently pending and are presented for examination.
Continuation Application
4. This application is a Continuation of 18/61,4436, filed 03/22/2024, now U.S. Patent # 12,361,823. See MPEP §201.07. In accordance with MPEP §609.02 A. 2 and MPEP §2001.06(b) (last paragraph), the Examiner has reviewed and considered the prior art cited in the Parent Application. Also in accordance with MPEP §2001.06(b) (last paragraph), all documents cited or considered ‘of record’ in the Parent Application are now considered cited or ‘of record’ in this application. Additionally, Applicant(s) are reminded that a listing of the information cited or ‘of record’ in the Parent Application need not be resubmitted in this application unless Applicant(s) desire the information to be printed on a patent issuing from this application. See MPEP §609.02 A. 2. Finally, Applicant(s) are reminded that the prosecution history of the Parent Application is relevant in this application. See e.g., Microsoft Corp. v. Multi-Tech Sys., Inc., 357 F.3d 1340, 1350, 69 USPQ2d 1815, 1823 (Fed. Cir. 2004) (holding that statements made in prosecution of one patent are relevant to the scope of all sibling patents).
Nonstatutory Double Patenting
5. 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 double patenting rejection is appropriate where the claims at issue 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 reference 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.
A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-23 of U.S. Patent No. 12,361,823. Although the claims at issue are not identical, they are not patentably distinct from each other because they disclosed the same subject matter.
Claims 2-7 depend from claim 1 and therefore include the same limitation as claim 1 so they are rejected for the same reason.
Claim 8 and 17 contain similar limitations as claim 1 so they are rejected for similar reasons.
Claims 9-16, 18-20 depend from claims 8 and 17 respectively, and therefore include the same limitations as claims 8 and 17, so they are rejected for the same reasons.
19/249,016 (Current Application)
Patent No 12,361,823
A traffic controller comprising: an applications processor configured to execute one or more applications;
A traffic controller comprising: an enclosure housing: an applications processor configured to execute one or more applications;
a signal controller processor configured to control one or more traffic lights, wherein the applications processor is in data communication with the signal controller processor;
a signal controller processor configured to control one or more traffic lights, wherein the applications processor is in data communication with the signal controller processor; a first memory coupled to the applications processor and a second memory coupled to the signal controller processor;
And a retractable display assembly.
one or more communication interfaces; and a retractable display assembly, the retractable display assembly comprising a touch-sensitive display, and a keypad that is adjacent to the touch-sensitive display.
Claim Rejections - 35 USC § 103
6. 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 of this title, 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.
7. Claims 1-20 are rejected under 35 U.S.C 103 as being unpatentable over Ly et al, US 2021/0407287, in view of Chen et al. US 6,806,850, hereinafter referred to as Ly and Chen, respectively.
Regarding Claim 1. Ly discloses a traffic controller comprising:
an applications processor configured to execute one or more applications (See at least fig 1-4, ¶ 28, 30, 31, 32, 33, 34, 35, 37, 38, 29, “The portable traffic controller unit 200, herein also simply referred to as portable unit 200, comprises a traffic control module 210 including at least one processor 212 and traffic control software including signal plans 222 stored in memory 220”);
a signal controller processor configured to control one or more traffic lights, wherein the applications processor is in data communication with the signal controller processor (See at least fig 1-4, ¶ 4, 15, 17, 18, 21, 23, 30, 31, 14, “Traffic signals 108, 110, 112, 114 are herein also referred to as traffic lights. The traffic lights 108, 110, 112, 114 are controlled by a traffic controller 120. The traffic controller 120 can be autonomous or can be connected to a network.”);
and retractable display assembly (See at least fig 1-4, ¶ 2, 4, 15, 17, 18, 21, 23, 30, 31, 14, 62, “results of the described/claimed processes or functions may be stored in a computer-readable medium, displayed on a display device, and/or the like”);
Ly fails to explicitly disclose retractable display assembly.
However, Chen teaches retractable display assembly (See at least fig 1-13B, Col 2, lines 20-40, “A retractable display screen is extended upwardly from a storage compartment in the second base portion to its full, extended height. Due to the retractable nature of the display screen, the portable computer disclosed herein has a footprint in a stowed orientation that is smaller than the extended size of the screen”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ly and include retractable display assembly as taught by Chen because it would allow retraction of the screen into the screen storage compartment but in the extended position will provide a full size personal computer screen (Chen, Col 6, lines 26-35).
Regarding Claim 2. Ly discloses the traffic controller of Claim 1.
Ly fails to explicitly disclose wherein the retractable display assembly comprises a touch-sensitive display.
However, Chen teaches wherein the retractable display assembly comprises a touch-sensitive display (See at least fig 1-13B, Col 3, lines 15-30, “Keypad 20 includes a plurality of keys 24 as known in the art, wherein keys 24 may comprise manually depressible keys or individual touch pad sensors, so as to receive input from an operator (not shown). Similarly, mouse device 22 may comprise a manually movable mouse ball, a joystick or a touch pad (as shown).”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ly and include wherein the retractable display assembly comprises a touch-sensitive display as taught by Chen because it would allow the system to receive input from an operator (Chen, Col 3, lines 15-30).
Regarding Claim 3. Ly discloses the traffic controller of Claim 2.
Ly fails to explicitly disclose wherein the retractable display assembly further comprises a keypad that is adjacent to the touch-sensitive display.
However, Chen teaches wherein the retractable display assembly further comprises a keypad that is adjacent to the touch-sensitive display (See at least fig 1-13B, Col 3, lines 15-30, “Keypad 20 includes a plurality of keys 24 as known in the art, wherein keys 24 may comprise manually depressible keys or individual touch pad sensors, so as to receive input from an operator (not shown). Similarly, mouse device 22 may comprise a manually movable mouse ball, a joystick or a touch pad (as shown).”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ly and include wherein the retractable display assembly further comprises a keypad that is adjacent to the touch-sensitive display as taught by Chen because it would allow the system to receive input from an operator (Chen, Col 3, lines 15-30).
Regarding Claim 4. Ly discloses the traffic controller of Claim 1.
Ly fails to explicitly disclose wherein the retractable display assembly is configured to, via opening of a latch, extend from a first state to a second state and wherein the retractable display assembly is configured to, via closing of the latch, retract from the second state to the first state.
However, Chen teaches wherein the retractable display assembly is configured to, via opening of a latch, extend from a first state to a second state and wherein the retractable display assembly is configured to, via closing of the latch, retract from the second state to the first state (See at least fig 1-13B, Col 2, lines 20-40, “A retractable display screen is extended upwardly from a storage compartment in the second base portion to its full, extended height. Due to the retractable nature of the display screen, the portable computer disclosed herein has a footprint in a stowed orientation that is smaller than the extended size of the screen”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ly and include wherein the retractable display assembly is configured to, via opening of a latch, extend from a first state to a second state and wherein the retractable display assembly is configured to, via closing of the latch, retract from the second state to the first state as taught by Chen because it would allow retraction of the screen into the screen storage compartment but in the extended position will provide a full size personal computer screen (Chen, Col 6, lines 26-35).
Regarding Claim 5. Ly discloses the traffic controller of Claim 1.
Ly fails to explicitly disclose wherein the retractable display assembly is configured to extend, via a slide rail system that is secured to an enclosure, out of the enclosure to a vertical position.
However, Chen teaches wherein the retractable display assembly is configured to extend, via a slide rail system that is secured to an enclosure, out of the enclosure to a vertical position (See at least fig 1-13B, Col 2, lines 20-40, “A retractable display screen is extended upwardly from a storage compartment in the second base portion to its full, extended height. Due to the retractable nature of the display screen, the portable computer disclosed herein has a footprint in a stowed orientation that is smaller than the extended size of the screen”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ly and include wherein the retractable display assembly is configured to extend, via a slide rail system that is secured to an enclosure, out of the enclosure to a vertical position as taught by Chen because it would allow retraction of the screen into the screen storage compartment but in the extended position will provide a full size personal computer screen (Chen, Col 6, lines 26-35).
Regarding Claim 6. Ly discloses the traffic controller of Claim 1, further comprising a first memory coupled to the applications processor and a second memory coupled to the signal controller processor (See at least fig 1-4, ¶ 28, 30, 31, 32, 33, 34, 35, 37, 38, 29, “The portable traffic controller unit 200, herein also simply referred to as portable unit 200, comprises a traffic control module 210 including at least one processor 212 and traffic control software including signal plans 222 stored in memory 220”).
Regarding Claim 7. Ly discloses the traffic controller of claim 1, further comprising one or more internal expansion bays configured to accommodate one or more hardware modules (See at least fig 1-4, ¶ 28, 30, 31, 32, 33, 34, 35, 37, 38, 29, 26, “Each portable unit 130 comprises a traffic control module with at least one processor and traffic control software including signal
plans for traffic control. The respective traffic control software including signal plans is pre-programmed into the respective portable unit 130 for traffic control at the specific location. Further, the master controller unit can be configured to communicate or instruct the one or more slave controller units during traffic control”).
Regarding Claim 8. Ly discloses a traffic controller comprising:
an applications processor configured to execute one or more applications (See at least fig 1-4, ¶ 28, 30, 31, 32, 33, 34, 35, 37, 38, 29, “The portable traffic controller unit 200, herein also simply referred to as portable unit 200, comprises a traffic control module 210 including at least one processor 212 and traffic control software including signal plans 222 stored in memory 220”);
a signal controller processor configured to control one or more traffic lights, wherein the applications processor is in data communication with the signal controller processor (See at least fig 1-4, ¶ 4, 15, 17, 18, 21, 23, 30, 31, 14, “Traffic signals 108, 110, 112, 114 are herein also referred to as traffic lights. The traffic lights 108, 110, 112, 114 are controlled by a traffic controller 120. The traffic controller 120 can be autonomous or can be connected to a network.”);
a first memory coupled to the applications processor and a second memory coupled to the signal controller processor (See at least fig 1-4, ¶ 4, 15, 17, 18, 21, 23, 30, 31, 14, 60, 53, “the portable traffic controller unit 200 comprises at least on traffic signal 260, a traffic control module 210 comprising at least one processor 212 configured to control operation of the at least one traffic signal 260 based on signal control plans 222 stored in memory 220, and a network interface 240 for communicating with the roadside traffic controller 120 and/or further portable units 200 via a wireless communication network”); and
one or more communication interfaces (See at least fig 1-4, ¶ 4, 15, 17, 18, 21, 23, 30, 31, 14, 60, 53, 22, “The portable traffic controller unit 130 and the traffic controller 120 each comprise a network interface for wireless communication. Wireless communication can be performed via wireless networks such as for example wireless LAN over Internet access point, cellular/mobile network(s),”).
Ly fails to explicitly disclose a second memory.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ly and include a second memory because it is conventional and known in the art to have controllers couple to a memory to store data to control a system. Therefore, if a system has multiple controllers, it is obvious to have multiple storage mediums for those controllers to improve processing speed and power.
Regarding Claim 9. Ly discloses the traffic controller of Claim 8, wherein the applications processor and the first memory reside on a first printed circuit board, and the signal controller processor and the second memory reside on a second printed circuit board separate from the first printed circuit board (See at least fig 1-4, ¶ 4, 15, 17, 18, 21, 23, 30, 31, 14, 59, “a processor corresponds to any electronic device that is configured via hardware circuits, software, and/or firmware to process data. For example, processors described herein may correspond to one or more ( or a combination) of a microprocessor, CPU, or any other integrated circuit (IC) or other type of circuit that is capable of processing data in a data processing system.”).
Regarding Claim 10. Ly discloses the traffic controller of Claim 8, wherein the one or more communication interfaces comprises a first diagnostic port that is configured to provide a first connection to the applications processor, and a second diagnostic port that is configured to provide a second connection to the signal controller processor (See at least fig 1-4, ¶ 4, 15, 17, 18, 21, 23, 30, 31, 14, 38, “The various components of the traffic controller 200 and the software thereon, may be configured as separate elements connected to communicate with each other or two or more of these components could be integrated into a single device”).
Regarding Claim 11. Ly discloses the traffic controller of Claim 8, wherein the one or more communication interfaces comprises a Wi-Fi interface that is configured to operate in a plurality of modes (See at least fig 1-4, ¶ 4, 15, 17, 18, 21, 23, 30, 31, 14, 60, 53, 22, “The portable traffic controller unit 130 and the traffic controller 120 each comprise a network interface for wireless communication. Wireless communication can be performed via wireless networks such as for example wireless LAN over Internet access point, cellular/mobile network(s),”).
Regarding Claim 12. Ly discloses the traffic controller of Claim 11, wherein a first mode of operation of the Wi-Fi interface is configured as a Wi-Fi access point (See at least fig 1-4, ¶ 4, 15, 17, 18, 21, 23, 30, 31, 14, 60, 53, 22, “The portable traffic controller unit 130 and the traffic controller 120 each comprise a network interface for wireless communication. Wireless communication can be performed via wireless networks such as for example wireless LAN over Internet access point, cellular/mobile network(s),”).
Regarding Claim 13. Ly discloses the traffic controller of Claim 11, wherein a second mode of operation of the Wi- Fi interface is configured to collect one or more MAC addresses (See at least fig 1-4, ¶ 4, 15, 17, 18, 21, 23, 30, 31, 14, 60, 53, 22, 26, “Each portable traffic controller unit 130 comprises a network interface for wireless communication with each other. The master controller unit is configured to communicate with the roadside traffic controller 120,
for example to communicate with the traffic controller 120 to (temporarily) halt or pause traffic operation so that the portable units 130 can take over traffic control”).
Regarding Claim 14. Ly discloses the traffic controller of Claim 8, wherein the first memory comprises one or more customized applications (See at least fig 1-4, ¶ 4, 15, 17, 18, 21, 23, 30, 31, 14, 60, 53, 22, 26, 57, “It should be noted that further applications of the portable unit 130, 200 are conceivable with respect to road traffic, shipping traffic, bicycle traffic, pedestrian traffic, railroad traffic etc”).
Regarding Claim 15. Ly discloses the traffic controller of Claim 8, further comprising one or more internal expansion bays configured to accommodate one or more hardware modules (See at least fig 1-4, ¶ 28, 30, 31, 32, 33, 34, 35, 37, 38, 29, 26, “Each portable unit 130 comprises a traffic control module with at least one processor and traffic control software including signal
plans for traffic control. The respective traffic control software including signal plans is pre-programmed into the respective portable unit 130 for traffic control at the specific location. Further, the master controller unit can be configured to communicate or instruct the one or more slave controller units during traffic control”).
Regarding Claim 16. Ly discloses the traffic controller of Claim 8, wherein the applications processor is passively cooled using cabinet airflow (See at least fig 1-4, ¶ 28, 30, 31, 32, 33, 34, 35, 37, 38, 29, 26, 59, “the processor(s) that is/are described or claimed as being configured to carry out a particular described/claimed process or function may correspond to a CPU that executes computer/processor executable instructions stored in a memory in form of software and/or firmware to carry out such a described/claimed process or function”).
Regarding Claim 17. Ly discloses a method for configuring a traffic controller, comprising:
receiving user input selecting a first set of applications to be downloaded from an applications store; downloading the first set of applications selected by the user input from the applications store (See at least fig 1-4, ¶ 4, 15, 17, 18, 21, 23, 30, 31, 14, 60, 53, 22, 26, 57, “It should be noted that further applications of the portable unit 130, 200 are conceivable with respect to road traffic, shipping traffic, bicycle traffic, pedestrian traffic, railroad traffic etc”);
storing the first set of applications in a first memory of the traffic controller (See at least fig 1-4, ¶ 4, 15, 17, 18, 21, 23, 30, 31, 14, 60, 53, “the portable traffic controller unit 200 comprises at least on traffic signal 260, a traffic control module 210 comprising at least one processor 212 configured to control operation of the at least one traffic signal 260 based on signal control plans 222 stored in memory 220, and a network interface 240 for communicating with the roadside traffic controller 120 and/or further portable units 200 via a wireless communication network”);
executing at least one application of the first set of applications by an applications processor coupled to the first memory of the traffic controller (See at least fig 1-4, ¶ 28, 30, 31, 32, 33, 34, 35, 37, 38, 29, “The portable traffic controller unit 200, herein also simply referred to as portable unit 200, comprises a traffic control module 210 including at least one processor 212 and traffic control software including signal plans 222 stored in memory 220”);
storing a second set of applications in a second memory of the traffic controller (See at least fig 1-4, ¶ 4, 15, 17, 18, 21, 23, 30, 31, 14, 59, “a processor corresponds to any electronic device that is configured via hardware circuits, software, and/or firmware to process data. For example, processors described herein may correspond to one or more ( or a combination) of a microprocessor, CPU, or any other integrated circuit (IC) or other type of circuit that is capable of processing data in a data processing system.”);
and executing at least one application of the second set of applications by a signal controller processor coupled to the second memory of the traffic controller (See at least fig 1-4, ¶ 4, 15, 17, 18, 21, 23, 30, 31, 14, “Traffic signals 108, 110, 112, 114 are herein also referred to as traffic lights. The traffic lights 108, 110, 112, 114 are controlled by a traffic controller 120. The traffic controller 120 can be autonomous or can be connected to a network.”).
Ly fails to explicitly disclose a second memory.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Ly and include a second memory because it is conventional and known in the art to have controllers couple to a memory to store data to control a system. Therefore, if a system has multiple controllers, it is obvious to have multiple storage mediums for those controllers to improve processing speed and power.
Regarding Claim 18. Ly discloses the method of Claim 17, wherein the first set of applications comprises one or more of: a cabinet status monitoring application, a travel time application, a performance data analysis application, a smart device detection application, or a proactive and predictive diagnostic application (See at least fig 1-4, ¶ 28, 30, 31, 32, 33, 34, 35, 37, 38, 29, “The portable traffic controller unit 200, herein also simply referred to as portable unit 200, comprises a traffic control module 210 including at least one processor 212 and traffic control software including signal plans 222 stored in memory 220”).
Regarding Claim 19. Ly discloses the method of Claim 17, wherein the second set of applications comprises a traffic lights and intersection control application (See at least fig 1-4, ¶ 4, 15, 17, 18, 21, 23, 30, 31, 14, 60, 53, 22, 26, 57, “It should be noted that further applications of the portable unit 130, 200 are conceivable with respect to road traffic, shipping traffic, bicycle traffic, pedestrian traffic, railroad traffic etc”).
Regarding Claim 20. Ly discloses the method of Claim 19, further comprising performing, by the signal controller processor, real-time traffic intersection control based on received sensor data from one or more data sources and received traffic data from one or more servers (See at least fig 1-4, ¶ 4, 15, 17, 18, 21, 23, 30, 31, 14, 37, “the portable unit 200 can be configured as smart and/or artificial intelligent. For example, the portable unit 200 may comprise one or more visual sensors, such as cameras. The visual sensors can be used to monitor traffic at the respective intersection, such as intersection 102, and control the traffic in accordance
with current traffic monitored at the intersection.”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LUIS A MARTINEZ BORRERO whose email is luis.martinezborrero@uspto.gov and telephone number is (571)272-4577. The examiner can normally be reached on M-F 8:00-5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, HUNTER LONSBERRY can be reached on (571)272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/LUIS A MARTINEZ BORRERO/Primary Examiner, Art Unit 3665
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