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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/608,903
`
`10/28/2019
`
`YUTAKA MURAKAMI
`
`731456.545USPC
`
`9560
`
`Seed IP Law Group LLP/Panasonic (PIPCA)
`701 5th Avenue, Suite 5400
`Seattle, WA 98104
`
`PANCHOLI, RINA C
`
`ART UNIT
`
`2477
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/17/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`USPTOeAction @ SeedIP.com
`
`pairlinkdktg @seedip.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-7 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-7 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)() The specification is objected to by the Examiner.
`11) The drawing(s) filed on 10/28/2019 is/are: a)[¥) accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.2.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210310
`
`Application No.
`Applicant(s)
`16/608,903
`MURAKAMI, YUTAKA
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`RINA C PANCHOLI
`2477
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s) filed on 10/28/2019.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/608,903
`Art Unit: 2477
`
`Page 2
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`DETAILED ACTION
`
`1.
`
`Claims 1-7 received on 10/28/2019 have been examined, of which claims 1 and 7
`
`are independent.
`
`Claim Interpretation
`
`. 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 commonlyreferred to as a claim limitation) is
`
`limited by the description in the specification when 35 U.S.C. 112(f) or pre-AlA 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-AlA 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;
`
`

`

`Application/Control Number: 16/608,903
`Art Unit: 2477
`
`Page 3
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`(B) the term “means”or “step” or the generic placeholder is modified by functional
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`language, typically, but not always linked by the transition word “for” (e.g.,
`
`“means for’) or anotherlinking word or phrase, such as “configured to” or “so
`
`that’: and
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`(C)the term “means”or “step” or the generic placeholder is not modified by sufficient
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`structure, material, or acts for performing the claimed function.
`
`Use of the word “means”(or “step”) in a claim with functional language creates a
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`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.
`
`Absenceof 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
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`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-AlA 35 U.S.C. 112, sixth paragraph,
`
`except as otherwise indicated in an Office action. Conversely, claim limitations in this
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`application that do not use the word “means”(or “step”) are not being interpreted
`
`

`

`Application/Control Number: 16/608,903
`Art Unit: 2477
`
`Page 4
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`under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as
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`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-AlA 35
`
`U.S.C. 112, sixth paragraph, becausethe 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: “data selection unit”
`
`“illumination unit’ in claim 1.
`
`Becausethis/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.
`
`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-AlA 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,
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`sixth paragraph.
`
`Claim Objections
`
`

`

`Application/Control Number: 16/608,903
`Art Unit: 2477
`
`Page 5
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`3. Claims 3 is objected to because of the following informalities:
`
`4. Claim 3 recites “the approaching -location data to be transmitted by the
`
`illumination’, which appears to be typographical error based on claim 1. The
`
`examiner suggests to amend “the approaching —location data to be transmitted by
`
`the illumination_unit”.
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections setforth 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 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 presentin the application indicating
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`obviousness or nonobviousness.
`
`

`

`Application/Control Number: 16/608,903
`Art Unit: 2477
`
`Page 6
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`>» Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Chiu (US
`
`2014/0357261) in view of Moriwaki et al. (US 2017/0078019)
`
`5. Regarding claim 1, Chiu teaches a communication apparatus (broadcastterminal
`
`in broadcast service system, fig 1-2) installed in a transportation vehicle
`
`(broadcast service system is implemented via broadcast terminals installed on public
`
`transit vehicles, Para 35) and configured to transmit data to a terminal existing
`
`in the transportation vehicle (broadcast terminal broadcasts messages to a mobile
`
`terminal of a passenger who travels on the public transportation vehicle within which
`
`the broadcastterminalis installed, para 35), the communication apparatus
`
`(broadcast terminal, fig 1-2) comprising:
`
`a data selection unit (second positioning module 212 and intelligent control
`
`module 214, fig 2, 5a-5b, para 60, 91) which, in operation, acquires location
`
`information associated with the transportation vehicle being traveling in which
`
`the terminal exists (broadcast terminal obtains and computes present position and
`
`speedof the public transportation vehicle, para 91, fig 5a; second positioning
`
`module 212 obtains geographical position of the broadcast terminal, Para 58), and,
`
`based on the location information, selects approaching-location data related
`
`to a location ahead of a current location of the transportation vehicle in a
`
`traveling direction from a plurality of pieces of data related to a location
`
`(second positioning module 212 obtains geographical position of broadcast terminal
`
`and calculates and proves speed information of the public transportation vehicle,
`
`Para 58; for example, whena directtrain has just left grand central station and
`
`

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`Application/Control Number: 16/608,903
`Art Unit: 2477
`
`Page 7
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`heading to D.C. station, the intelligent control module causes signal transmission
`
`module to broadcast messageto inform the passengersthat DCis next calling point
`
`or destination and the expected travel time is 3 hours, para 60); and
`
`an illumination unit (signal transmission module 211 of broadcast terminal 210,
`
`fig 2, para 60) which, in operation, transmits, a signal including the
`
`approaching-location data (the signal transmission module 211 of broadcast
`
`terminal 210 to automatically broadcast messages related to the public
`
`transportation vehicle or system, and/or to automatically send a calling point
`
`identifier when arriving at a calling point or in advanceof arriving at a calling point,
`
`para 60).
`
`Chiu teaches the system for personalized broadcast service on public transport,
`
`where the broadcast terminal broadcasts information including position, speed,
`
`destination and time to destination, an illumination unit to the mobile terminal, which
`
`displays the information to the passenger. Chiu further describes one option of
`
`broadcast terminal sending signal via audio frequency to the mobile terminal, and
`
`the mobile terminal displays the information. The reference does not teach the signal
`
`being transmitted as modulatedlight signal.
`
`However, Moriwaki teaches an illumination unit (unique information transmitter 123
`
`in light apparatus L1, fig 1, 4) which, in operation, transmits, as a modulated
`
`light signal, a signal including the approaching-location data (Unique
`
`information transmitter 123 transmits unique information generated by unique
`
`

`

`Application/Control Number: 16/608,903
`Art Unit: 2477
`
`Page 8
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`information generator 122 to terminal 20 byvisible light communication, para 82;
`
`where the Unique information generator 122 generates unique information whichis
`
`unique to bus 10 traveling along a route and specific to the position of bus 10, para
`
`78). Therefore, would have been obvious fo one of ordinary skill in the art before
`
`the effective fling date af the claimed invention to combine persanalized broadcast
`
`service in public transport vehicle as taught by Chiu with transmission of location
`
`information as modulated light signal as taught by Monwaki for the benefit of
`
`appropriately oresenting alighting information to a passenger as taught by Moriwaki
`
`in para &.
`
`6. Regarding claim 7, Chiu teaches a communication method (method for
`
`implementing broadcastservice, abstract, fig 1-2) for transmitting data from an
`
`illumination unit installed in a transportation vehicle to a terminal existing in
`
`the transportation vehicle (broadcast terminal broadcasts messages to a mobile
`
`terminal of a passenger who travels on the public transportation vehicle within which
`
`the broadcast terminalis installed, para 35; signal transmission module 211 of
`
`broadcast terminal 210 transmits information, fig 2, para 60), the method
`
`comprising:
`
`acquiring location information associated with the transportation vehicle
`
`being traveling in which the terminal exists (broadcast terminal obtains and
`
`computes present position and speed of the public transportation vehicle, para 91,
`
`fig 5a; second positioning module 212 obtains geographical position of the broadcast
`
`terminal, Para 58) and, based on thelocation information, selecting
`
`

`

`Application/Control Number: 16/608,903
`Art Unit: 2477
`
`Page 9
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`approaching-location data related to a location ahead of a current location of
`
`the transportation vehicle in a traveling direction from a plurality of pieces of
`
`data related to a location (second positioning module 212 obtains geographical
`
`position of broadcastterminal and calculates and proves speed information of the
`
`public transportation vehicle, Para 58; for example, when a directtrain hasjustleft
`
`grand central station and heading to D.C. station, the intelligent control module
`
`causes signal transmission module to broadcast message to inform the passengers
`
`that DC is nextcalling point or destination and the expected travel time is 3 hours,
`
`para 60); and
`
`transmitting, a signal including the approaching-location data (the signal
`
`transmission module 211 of broadcast terminal 210 to automatically broadcast
`
`messages related to the public transportation vehicle or system, and/or to
`
`automatically send a calling point identifier when arriving at a calling point or in
`
`advance of arriving at a calling point, para 60).
`
`Chiu teaches the system for personalized broadcast service on public transport,
`
`where the broadcast terminal broadcasts information including position, speed,
`
`destination and time to destination, an illumination unit to the mobile terminal, which
`
`displays the information to the passenger. Chiu further describes one option of
`
`broadcast terminal sending signal via audio frequencyto the mobile terminal, and
`
`the mobile terminal displays the information. The reference does not teach the signal
`
`being transmitted as modulatedlight signal.
`
`

`

`Application/Control Number: 16/608,903
`Art Unit: 2477
`
`Page 10
`
`However, Moriwaki teaches transmitting, as a modulated light signal, a signal
`
`including the approaching-location data (unique information transmitter 123 in
`
`light apparatus L1, fig 1, 4; Unique information transmitter 123 transmits unique
`
`information generated by unique information generator 122 to terminal 20 byvisible
`
`light communication, para 82; where the Unique information generator 122
`
`generates unique information which is unique to bus 10 traveling along a route and
`
`specific to the position of bus 10, para 78). Therefore, it would have been obvious tc
`
`one of ordinary skill in the art before the effective filing date of the claimed invention
`
`lo combine personalized broadcasi service in public transport vehicle as taught by
`
`Chiu with transmission of location information as moculated light signal as taught by
`
`Moriwaki for the benetit of appropriately presenting alighting information te a
`
`passenger as taught by Moriwakiin para &.
`
`7. Regarding claim 2, Chiu further teaches the data selection unit (second
`
`positioning module 212 and intelligent control module 214, fig 2, 5a-5b, para 60, 91)
`
`further acquires time information including information indicating a current
`
`time, and, based on the location information and the time information, selects
`
`approaching-location data associated with a time zone following the current
`
`time (automatically broadcast messages related to the public transportation vehicle
`
`or system, and/or to automatically send a calling point identifier when arriving at a
`
`calling point or in advanceof arriving at a calling point. For example, when a direct
`
`train has just left New York City Grand Central station and heading to Washington,
`
`D.C. Metro Station, the intelligent control module 214 causesthe signal transmission
`
`

`

`Application/Control Number: 16/608,903
`Art Unit: 2477
`
`Page 11
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`module 211 to broadcast a message to inform the passengers that Washington,
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`D.C. is the next calling point (or, destination) and the expected travel time is 3 hours,
`
`Para 60; this indicates that the broadcast terminal indicating time based information).
`
`Also, the mobile terminal is also in the transport vehicle, which includes further
`
`calculations for speed and expectedarrival time based on current time as shownin
`
`fig 5a and described in para 69, 71 and 74.
`
`8. Regarding claim 3, Chiu further teaches wherein the data selection unit (second
`
`positioning module 212 and intelligent control module 214, fig 2, 5a-5b, para 60, 91)
`
`determines, depending on an installation location of each illumination unit in
`
`the transportation vehicle, the approaching-location data to be transmitted by
`
`the illumination (the signals between broadcast terminal 210 and mobile device
`
`220 may be used for estimating the speed and position of the public transportation
`
`vehicle either by using the Doppler effect or by triangulating the signals using
`
`multiple broadcast terminal 210, para 58; this indicates that the calculation of speed
`
`and position is dependent on the location of the mobile terminal).
`
`9. Regarding claim 4, Chiu further teaches wherein the data selection unit
`
`incorporates, into the approaching-location data to be transmitted by each
`
`illumination unit, information for identifying a radio base station associated
`
`with the illumination unit (signal transmission unit of broadcast terminal transmits
`
`information related to public transportation vehicle and/or calling points en-route
`
`including at least a calling point identifier, para 37; where the information message
`
`

`

`Application/Control Number: 16/608,903
`Art Unit: 2477
`
`Page 12
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`are transmitted as audio signal with unique electronic identifier for identifying
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`authorized source, para 39; here, the broadcast terminal is considered as radio base
`
`station in broadest reasonable interpretation and the identity of broadcast terminalis
`
`also associated with the signal transmission module in fig 1-2).
`
`10. Regarding claim 5, Chiu fails to teach, but Moriwaki teaches wherein theplurality
`
`of pieces of data related to the location are each data for causing an
`
`advertisementrelated to the location to be displayed on a display of a terminal
`
`that receives the signal including the approaching-location data (receive bus
`
`stop at which user is to alight from bus and transmit special offer information to
`
`terminal, step s404, fig 16; special offer information includes advertisement
`
`information for a shop whose nearest bus stop is a bus stop at which user is to alight
`
`from the bus, para 149, fig 17). Therefore, it would have been obvious to one of
`
`ordinary Skill in the art before the effective Ming date of the claimed invention to
`
`combine personalized broacicast service in public transport vehicle as taught by Chiu
`
`with transmission of location information as modulated light signal as taught by
`
`Moriwaki for the benedit of aporopriately presenting alighling information to a
`
`passenger as taught by Moriwakiin para 8.
`
`11.
`
`Regarding claim 6, Chiu fails to teach, but Moriwaki teaches wherein the
`
`illumination unit (unique information transmitter 123 in light apparatus L1, fig 1, 4)
`
`is an illumination apparatus configured to transmit the modulated light signal
`
`using a visible light (Unique information transmitter 123 transmits unique
`
`

`

`Application/Control Number: 16/608,903
`Art Unit: 2477
`
`Page 13
`
`information generated by unique information generator 122 to terminal 20 byvisible
`
`light communication, para 82). Therefore, it would have been obvious to one of
`
`ordinary skill in the art before the effective Ming date of the claimed invention fo
`
`combine oersonalized broacicast service in public transport vehicle as taught by Chiu
`
`wilh transmission of location informalion as modulated hight signal as taught by
`
`Morwaki for the benefit of appropriately presenting allgniing information to a
`
`passenger as taught by Moriwakiin para 8.
`
`Conclusion
`
`12. The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`-
`
`Shin Chiu (US 20070297395): A method for automatically refreshing a screen on
`
`a display panel of a telephone based on a function change, abstract; fig 5 shows
`
`location based information display update.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to RINA C PANCHOLI whosetelephone number is
`
`(571)272-2679. The examiner can normally be reached on M-F 7:30am-4pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`

`

`Application/Control Number: 16/608,903
`Art Unit: 2477
`
`Page 14
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Gregory Sefcheck can be reached on 571-272-3098. 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 https://ppair-
`
`my.uspto.gov/pair/PrivatePair. Should you have questions on accessto the Private
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`PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197(toll-free).
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`If you would like assistance from a USPTO Customer Service Representative or access
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`272-1000.
`
`/RINA C PANCHOLI/
`Primary Examiner, Art Unit 2477
`3/12/2021
`
`