DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments with respect to the rejections of Claims 1-6 under 35 U.S.C. § 101 have been fully considered but are not persuasive. The amended limitation of electronically capturing travel is recited at a high level of generality and amounts to no more than mere application of generic computer components to perform the abstract idea.
Applicant’s arguments with respect to the rejections of the claims under 35 U.S.C. § 103 have been fully considered but are not persuasive. As discussed in further detail below, Switkes discloses embodiments where a user can input a desired distance threshold (see at least [0061] of Switkes). In combination with Han’s teaching, discussed below, of a predetermined distance threshold, this limitation is taught in its entirety. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). One of ordinary skill in the art, when presented with the teachings of both Han and Switkes, would find it obvious to combine the two to allow users to input the predefined threshold distance from a path.
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 1-6 are rejected under 35 U.S.C. 101 because they are directed to an abstract idea without significantly more.
101 Analysis – Step 1
Claim 1 is directed to a recreational vehicle for guiding toward a leading recreational vehicle (i.e., a machine). Therefore, Claim 1 is within at least one of the four statutory categories.
Claim 4 is directed to a method for guiding toward a leading recreational vehicle (i.e., a process). Therefore, Claim 4 is within at least one of the four statutory categories.
101 Analysis – Step 2A, Prong 1
Independent claim 1 includes limitations that recite an abstract idea (emphasized below) and will be used as a representative claim for the remainder of the 101 rejection. Claim 1 recites:
A recreational vehicle for guiding toward a leading recreational vehicle, the recreational vehicle comprising:
a processor; and
memory comprising instructions that when executed by the processor cause the processor to:
display a current location of a leading recreational vehicle and a current location of the recreational vehicle on a display screen of the recreational vehicle, wherein the display screen further comprises a display of a relative distance between the recreational vehicle and the leading recreational vehicle; and an indication of a direction for the leading recreational vehicle in relation to the recreational vehicle;
determine, using processing circuitry, whether the recreational vehicle is following a travel path generated by the leading recreational vehicle that electronically captures travel by the leading recreational vehicle across an environment;
determine, using processing circuitry, in response to a determination that the recreational vehicle is not following the travel path generated by the leading recreational vehicle, a distance between the current location of the recreational vehicle and the travel path;
accept a user input setting of a predefined threshold distance from the travel path;
determine, using processing circuitry, whether the distance exceeds the predefined threshold; and
display, in response to a determination that the distance exceeds the predefined threshold, a visual warning alert on the display screen.
The examiner submits that the foregoing bolded limitation(s) constitute a “mental process” because under its broadest reasonable interpretation, the claim covers performance of the limitation in the human mind. For example, “determining…” in the context of this claim encompasses a person looking at location data and forming simple judgments. Accordingly, the claim recites at least one abstract idea.
101 Analysis – Step 2A, Prong 2
In the present case, the additional limitations beyond the above-noted abstract idea are as follows (where the underlined portions are the “additional limitations” while the bolded portions continue to represent the “abstract idea”):
A recreational vehicle for guiding toward a leading recreational vehicle, the recreational vehicle comprising:
a processor; and
memory comprising instructions that when executed by the processor cause the processor to:
display a current location of a leading recreational vehicle and a current location of the recreational vehicle on a display screen of the recreational vehicle, wherein the display screen further comprises a display of a relative distance between the recreational vehicle and the leading recreational vehicle; and an indication of a direction for the leading recreational vehicle in relation to the recreational vehicle;
determine, using processing circuitry, whether the recreational vehicle is following a travel path generated by the leading recreational vehicle that electronically captures travel by the leading recreational vehicle across an environment;
determine, using processing circuitry, in response to a determination that the recreational vehicle is not following the travel path generated by the leading recreational vehicle, a distance between the current location of the recreational vehicle and the travel path;
accept a user input setting of a predefined threshold distance from the travel path;
determine, using processing circuitry, whether the distance exceeds the predefined threshold; and
display, in response to a determination that the distance exceeds the predefined threshold, a visual warning alert on the display screen.
For the following reason(s), the examiner submits that the above identified additional limitations do not integrate the above-noted abstract idea into a practical application. The step of accepting a user input setting is recited at a high level of generality, and amounts to no more than mere data gathering necessary to perform the abstract idea, which is a form of insignificant extra-solution activity. The “display…” steps on the display screen of the recreational vehicle are recited at a high level of generality and amount to no more than mere data outputting, which is a form of insignificant extra-solution activity. Further, the “processor”, “memory comprising instructions”, and “processing circuitry” merely describe how to generally “apply” the otherwise mental judgements in a generic or general purpose vehicle computing environment.
Thus, taken alone, the additional elements do not integrate the abstract idea into a practical application. Further, looking at the additional limitation(s) as an ordered combination or as a whole, the limitation(s) add nothing that is not already present when looking at the elements taken individually. For instance, there is no indication that the additional elements, when considered as a whole, reflect an improvement in the functioning of a computer or an improvement to another technology or technical field, apply or use the above-noted judicial exception to effect a particular treatment or prophylaxis for a disease or medical condition, implement/use the above-noted judicial exception with a particular machine or manufacture that is integral to the claim, effect a transformation or reduction of a particular article to a different state or thing, or apply or use the judicial exception in some other meaningful way beyond generally linking the use of the judicial exception to a particular technological environment, such that the claim as a whole is not more than a drafting effort designed to monopolize the exception (MPEP § 2106.05). Accordingly, the additional limitations do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea.
101 Analysis – Step 2B
Regarding Step 2B of the 2019 PEG, representative independent claim 1 does not include additional elements (considered both individually and as an ordered combination) that are sufficient to amount to significantly more than the judicial exception for the same reasons to those discussed above with respect to determining that the claim does not integrate the abstract idea into a practical application. As discussed above with respect to integration of the abstract idea into a practical application, the additional element of using a processor and memory comprising instructions to perform the claimed steps amounts to nothing more than applying the exception using a generic computer component. Generally applying an exception using a generic computer component cannot provide an inventive concept. And as discussed above, regarding the additional limitations of “display…”, the examiner submits that these limitations are insignificant extra-solution activities.
Further, a conclusion that an additional element is insignificant extra-solution activity in Step 2A should be re-evaluated in Step 2B to determine if they are more than what is well-understood, routine, conventional activity in the field. The additional “display…” steps are well-understood, routine, and conventional activity because the Federal Circuit in Trading Techs. Int’l v. IBG LLC, 921 F.3d 1084, 1093 (Fed. Cir. 2019), and Intellectual Ventures I LLC v. Erie Indemnity Co., 850 F.3d 1315, 1331 (Fed. Cir. 2017), for example, indicated that the mere displaying of data is a well understood, routine, and conventional function. Additionally, the background and specification do not provide any indication that the display screen is anything other than a conventional display within a vehicle. Hence, Claim 1 is not patent eligible.
Claim 4, which is analogous to independent Claim 1 and does not contain any additional limitations, is not patent eligible for similar reasons.
Dependent Claims 2-3 and 5-6 do not recite any further limitations that cause the claims 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.
Claims 2 and 5 depend from Claims 1 and 4 and contain the additional limitation of “play[ing]… an audio warning alert via one or more speakers of the recreational vehicle.” This limitation is considered insignificant extra-solution activity, as it is recited at a high level of generality (i.e. as a general means of outputting data). Additionally, the background and specification do not provide any indication that the speakers of the recreational vehicle are anything other than conventional audio output devices.
Claims 3 and 6 depend from Claims 1 and 4 and contain the additional limitation of “display one or more current locations of one or more non-leading recreational vehicles relative to the current location of the recreational vehicle on the display screen of the recreational vehicle”. As discussed above, a limitation to “display…” on a display screen of the vehicle is considered insignificant extra-solution activity, and is well-understood, routine, and conventional in the art.
Therefore, Claims 1-6 are ineligible under 35 U.S.C. §101.
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.
Claims 1-6 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200175865 A1, filed 12/04/2018, hereinafter “Han”, in view of US 20180365893 A1, filed 06/16/2017, hereinafter “Mullins”, and US 20160054735 A1, filed 03/17/2014, hereinafter “Switkes”.
Regarding Claim 1, Han teaches A recreational vehicle for guiding toward a leading recreational vehicle. See at least [0042] and figure 1, recreational vehicle 104 (referred to as follower off-road vehicle, second vehicle, or second off-road vehicle) being guided towards leading recreational vehicle 102 (referred to as leader off-road vehicle, first vehicle, or first off-road vehicle).
the recreational vehicle comprising: a processor; and memory comprising instructions. See at least [0044], vehicle guidance system 200, and see at least [0045] and figure 2A, wherein the vehicle guidance system comprises a processor and memory comprising instructions that perform the methods disclosed.
that when executed by the processor cause the processor to: display a location of a leading recreational vehicle and a current location of the recreational vehicle on a display screen of the recreational vehicle. See at least [0101]-[0103] and figure 9A, steps 902-906, wherein location-tagged maneuver instructions are received and reproduced, or displayed. Additionally, see at least [0128]-[0130] and figure 12, wherein the message paths 1202/1206 are displayed relative to a current location 1204 of the recreational vehicle, and see at least [0056]-[0058], wherein message paths include maneuver instructions and corresponding location coordinates of the lead vehicle. Therefore, Han’s message path is equivalent to a travel/riding path of the leading recreational vehicle.
determine, using processing circuitry, whether the recreational vehicle is following a travel path generated by the leading recreational vehicle that electronically captures travel by the leading recreational vehicle across an environment. See at least [0091], [0104], and figure 9A, step 908, wherein the system asks if the recreational vehicle is deviating, or not following, the message path. Additionally, see at least [0078], [0119], and figure 10A, wherein the message path contains a GPS recorded path of the leading vehicle generated by the system of the leading vehicle. See at least [0143], wherein the disclosed methods are performed by processing circuitry.
determine, using processing circuitry, in response to a determination that the recreational vehicle is not following the travel path generated by leading recreational vehicle, a distance between the current location of the recreational vehicle and the travel path. See at least [0104] and figure 9A, step 908, wherein a distance between the real-time location of the recreational vehicle and the travel path is determined. See at least [0143], wherein the disclosed methods are performed by processing circuitry.
determine, using processing circuitry, whether the distance exceeds the predefined threshold. See at least [0104] and figure 9A, step 908, wherein the system determines if the distance exceeds a threshold distance. See at least [0143], wherein the disclosed methods are performed by processing circuitry.
and display, in response to a determination that the distance exceeds the predefined threshold, a visual warning alert on the display screen. See at least [0104]-[0105] and figure 9A, step 910, wherein, in response to the distance exceeding the threshold distance, a warning is output via display screen 228.
Han remains silent on the displayed location of the leading recreational vehicle being current; wherein the display screen further comprises a display of a relative distance between the recreational vehicle and the leading recreational vehicle and an indication of a direction for the leading recreational vehicle in relation to the recreational vehicle; and accept a user input setting of a predefined threshold distance from the travel path. As discussed above, in Han’s disclosure, the displayed locations and travel path of the leading recreational vehicle are not explicitly current, or in real-time. Han does teach displaying the real-time location of the leading recreational vehicle (see at least [0113]), however, this happens after the warning is issued to help guide the recreational vehicle back to the travel path of the leading recreational vehicle.
Mullins teaches display a current location of a leading vehicle and a current location on a display screen; and an indication of a direction for the leading recreational vehicle in relation to the recreational vehicle. See at least [0037], [0069], and figure 9, which describe the display screen of the vehicle, wherein the current location of the first device (leader) is displayed relative to the location of the second device, and the displayed location 906 moves in real-time as the first device moves. Additionally, a path, or direction, 908 is provided for the second device to navigate to the location 906 of the first device.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify the recreational vehicle of Han with Mullins’ technique of displaying a current location of the other vehicle. It would have been obvious to modify because doing so enables a user to better identify a current location of another device in a vehicle, by displaying the current location of the vehicle relative to the user and the physical environment around the user, as recognized by Mullins (see at least [0002] and [0015]-[0017]).
Switkes teaches wherein the display screen further comprises a display of a relative distance between the recreational vehicle and the leading recreational vehicle. See at least [0044] and figures 7A-C, display screens 615 and 625 which display the relative distance between the leading vehicle 410 and the following vehicle 420.
accept a user input setting of a predefined threshold distance from the travel path. See at least [0061], wherein a predetermined distance between the following vehicle and the leading vehicle is set by the driver. In combination with Hans’ teaching, discussed above, of a predetermined threshold distance from the travel path, this limitation is taught in its entirety.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to further modify Han with Switkes’ technique of displaying a relative distance between the leading vehicle and the following vehicle. It would have been obvious to modify because doing so enables leading and trailing vehicles to have a clear understanding of their surroundings, while offering increased safety, efficiency, and convenience, as recognized by Switkes (see at least [0009]-[0010]).
Regarding Claim 2, Han, Mullins, and Switkes in combination teach all of the limitations of Claim 1 as discussed above, and Han additionally teaches wherein the memory further comprises instructions that when executed by the processor cause the processor to play, in response to a determination that the distance exceeds the predefined threshold and by the recreational vehicle, an audio warning alert via one or more speakers of the recreational vehicle. See at least [0051], [0104], [0105], and figure 9A, step 910, wherein, in response to determining that the distance exceeds the threshold distance, an audio warning is output via speakers 230.
Regarding Claim 3, Han, Mullins, and Switkes in combination teach all of the limitations of Claim 1 as discussed above, and Han additionally teaches wherein the memory further comprises instructions that when executed by the processor cause the processor to display one or more current locations of one or more non-leading recreational vehicles relative to the current location of the recreational vehicle on the display screen of the recreational vehicle. See at least [0113], wherein the real-time location of other second vehicles, or other non-leading recreational vehicles, is displayed, and see at least [0128]-[0130] and figure 12, wherein the displayed information is displayed relative to a current location 1204 of the recreational vehicle.
Regarding Claim 4, Han teaches A method for guiding toward a leading recreational vehicle. See at least [0100] and figure 9A.
the method comprising: displaying, by a recreational vehicle, a location of a leading recreational vehicle and a current location of the recreational vehicle on a display screen of the recreational vehicle. See at least [0101]-[0103] and figure 9A, steps 902-906, wherein location-tagged maneuver instructions are received and reproduced, or displayed. Additionally, see at least [0128]-[0130] and figure 12, wherein the message paths 1202/1206 are displayed relative to a current location 1204 of the recreational vehicle, and see at least [0056]-[0058], wherein message paths include maneuver instructions and corresponding location coordinates of the lead vehicle. Therefore, Han’s message path is equivalent to a travel/riding path of the leading recreational vehicle.
determining, using processing circuitry, by the recreational vehicle, whether the recreational vehicle is following a travel path generated by the leading recreational vehicle that electronically captures travel by the leading recreational vehicle across an environment. See at least [0091], [0104], and figure 9A, step 908, wherein the system asks if the recreational vehicle is deviating, or not following, the message path. Additionally, see at least [0078], [0119], and figure 10A, wherein the message path contains a GPS recorded path of the leading vehicle generated by the system of the leading vehicle. See at least [0143], wherein the disclosed methods are performed by processing circuitry.
determining, using processing circuitry, in response to a determination that the recreational vehicle is not following the travel path generated by the leading recreational vehicle and by the recreational vehicle, a distance between the current location of the recreational vehicle and the travel path. See at least [0104] and figure 9A, step 908, wherein a distance between the real-time location of the recreational vehicle and the travel path is determined. See at least [0143], wherein the disclosed methods are performed by processing circuitry.
determining, using processing circuitry, by the recreational vehicle, whether the distance exceeds the predefined threshold. See at least [0104] and figure 9A, step 908, wherein the system determines if the distance exceeds a threshold distance. See at least [0143], wherein the disclosed methods are performed by processing circuitry.
and displaying, in response to a determination that the distance exceeds the predefined threshold and by the recreational vehicle, a visual warning alert on the display screen. See at least [0104]-[0105] and figure 9A, step 910, wherein, in response to the distance exceeding the threshold distance, a warning is output via display screen 228.
Han remains silent on the displayed location of the leading recreational vehicle being current; wherein the display screen further comprises a display of a relative distance between the recreational vehicle and the leading recreational vehicle and an indication of a direction for the leading recreational vehicle in relation to the recreational vehicle; and accepting a user input setting of a predefined threshold distance from the travel path. As discussed above, in Han’s disclosure, the displayed locations and travel path of the leading recreational vehicle are not explicitly current, or in real-time. Han does teach displaying the real-time location of the leading recreational vehicle (see at least [0113]), however, this happens after the warning is issued to help guide the recreational vehicle back to the travel path of the leading recreational vehicle.
Mullins teaches displaying a current location of a leading vehicle and a current location on a display screen; and an indication of a direction for the leading recreational vehicle in relation to the recreational vehicle. See at least [0037], [0069], and figure 9, which describe the display screen of the vehicle, wherein the current location of the first device (leader) is displayed relative to the location of the second device, and the displayed location 906 moves in real-time as the first device moves. Additionally, a path, or direction, 908 is provided for the second device to navigate to the location 906 of the first device.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify the method of Han with Mullins’ technique of displaying a current location of the other vehicle. It would have been obvious to modify because doing so enables a user to better identify a current location of another device in a vehicle, by displaying the current location of the vehicle relative to the user and the physical environment around the user, as recognized by Mullins (see at least [0002] and [0015]-[0017]).
Switkes teaches wherein the display screen further comprises a display of a relative distance between the recreational vehicle and the leading recreational vehicle. See at least [0044] and figures 7A-C, display screens 615 and 625 which display the relative distance between the leading vehicle 410 and the following vehicle 420.
accepting a user input setting of a predefined threshold distance from the travel path. See at least [0061], wherein a predetermined distance between the following vehicle and the leading vehicle is set by the driver. In combination with Hans’ teaching, discussed above, of a predetermined threshold distance from the travel path, this limitation is taught in its entirety.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to further modify Han with Switkes’ technique of displaying a relative distance between the leading vehicle and the following vehicle. It would have been obvious to modify because doing so enables leading and trailing vehicles to have a clear understanding of their surroundings, while offering increased safety, efficiency, and convenience, as recognized by Switkes (see at least [0009]-[0010]).
Regarding Claim 5, Han, Mullins, and Switkes in combination teach all of the limitations of Claim 4 as discussed above, and Han additionally teaches playing, in response to determining that the distance exceeds the predefined threshold and by the recreational vehicle, an audio warning alert via one or more speakers of the recreational vehicle. See at least [0051], [0104], [0105], and figure 9A, step 910, wherein, in response to determining that the distance exceeds the threshold distance, an audio warning is output via speakers 230.
Regarding Claim 6, Han, Mullins, and Switkes in combination teach all of the limitations of Claim 4 as discussed above, and Han additionally teaches displaying, by the recreational vehicle, one or more current locations of one or more non-leading recreational vehicles relative to the current location of the recreational vehicle on the display screen of the recreational vehicle. See at least [0113], wherein the real-time location of other second vehicles, or other non-leading recreational vehicles, is displayed, and see at least [0128]-[0130] and figure 12, wherein the displayed information is displayed relative to a current location 1204 of the recreational vehicle.
Regarding Claim 17, Han, Mullins, and Switkes in combination disclose all of the limitations of Claim 1 as discussed above, and Han additionally teaches wherein the display screen further comprises a directional indicator for the leading recreational vehicle relative to the recreational vehicle. See at least [0139] and figure 14, directional indicator 1412 for the first (leading) vehicle relative to the vehicle.
Regarding Claim 18, Han, Mullins, and Switkes in combination disclose all of the limitations of Claim 4 as discussed above, and Han additionally teaches wherein the display screen further comprises a directional indicator for the leading recreational vehicle relative to the recreational vehicle. See at least [0139] and figure 14, directional indicator 1412 for the first (leading) vehicle relative to the vehicle.
Claims 7-10 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Han, Mullins, and Switkes as applied to claims above, and further in view of US 20180315244 A1, filed 04/28/2017, hereinafter “Thompson”.
Regarding Claim 7, Han teaches A recreational vehicle for assisting navigation using augmented reality. See at least [0042] and figure 1.
the recreational vehicle comprising: surround view cameras. See at least [0045] and [0047], camera interface 208 and camera 222 of the recreational vehicle.
a processor; and memory comprising instructions. See at least [0044], vehicle guidance system 200, and see at least [0045] and figure 2A, wherein the vehicle guidance system comprises a processor and memory comprising instructions that perform the methods disclosed.
that when executed by the processor cause the processor to: determine one or more point of interest location markers relating to the subset of image data for the direction of travel of the leading recreational vehicle. See at least [0134]-[0135] and figure 13, steps 1306-1308, wherein point of interest markers (navigation markers and landmark markers) are determined. The determined point of interest markers are identified from visual data in the direction of travel of the leading vehicle (see at least figure 14).
overlay the point of interest location markers on the display screen. See at least [0136] and figure 13, step 1310, wherein the point of interest markers are added, or overlaid, to visual data, and see at least figure 14, navigation marker 1412 and landmark marker 1416 overlaid on the display screen.
determining, using processing circuitry, by the recreational vehicle, whether the recreational vehicle is following a travel path generated by the leading recreational vehicle that electronically captures travel by the leading recreational vehicle across an environment. See at least [0091], [0104], and figure 9A, step 908, wherein the system asks if the recreational vehicle is deviating, or not following, the message path. Additionally, see at least [0078], [0119], and figure 10A, wherein the message path contains a GPS recorded path of the leading vehicle generated by the system of the leading vehicle. See at least [0143], wherein the disclosed methods are performed by processing circuitry.
determine that the recreational vehicle is deviating by a distance from the travel path. See at least [0104] and figure 9A, step 908, wherein a distance between the real-time location of the recreational vehicle and the travel path is determined. See at least [0143], wherein the disclosed methods are performed by processing circuitry.
determine whether the distance exceeds the predefined threshold distance. See at least [0104] and figure 9A, step 908, wherein the system determines if the distance exceeds a threshold distance. See at least [0143], wherein the disclosed methods are performed by processing circuitry.
and display a visual warning alert in response to a determination that the distance exceeds the predefined threshold distance. See at least [0104]-[0105] and figure 9A, step 910, wherein, in response to the distance exceeding the threshold distance, a warning is output via display screen 228.
Han remains silent on a compass; display a live view of an environment of the recreational vehicle on a display screen of the recreational vehicle, wherein the live view of the environment comprises a subset of image data from one or more of the surround view cameras of the recreational vehicle in a direction of travel of the recreational vehicle; the image data being for the direction of travel of the recreational vehicle; in augmented reality on the live view of the environment, thereby presenting the determined point of interest location markers in relation to the direction of travel of the recreational vehicle, and accept a user input setting of a predefined threshold distance from an electronically generated travel path.
Mullins teaches a compass. See at least [0019], wherein the first AR device comprises a compass.
display a live view of environment of the recreational vehicle on a display screen of the recreational vehicle. See at least [0018], [0045], and figure 8, wherein a live view of the physical environment is displayed by the first AR device in the direction that the device is pointed. In combination with Han, this would result in displaying the live view in a direction that the recreational vehicle is travelling, as the direction the vehicle travels in is equivalent to the direction that the vehicle (first AR device) is pointed.
in augmented reality on the live view of the environment. See at least [0018], [0068], and figure 8, wherein the overlaid information is displayed in augmented reality on the live view of the environment.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify the recreational vehicle of Han with Mullins’ technique of displaying a live view of the environment of a device, and overlaying information in augmented reality on the live view. It would have been obvious to modify because doing so enables a user to better identify a current location of another device in a vehicle, by displaying the current location of the vehicle relative to the user and the physical environment around the user, as recognized by Mullins (see at least [0002] and [0015]-[0017]).
Switkes teaches accept a user input setting of a predefined threshold distance from the electronically generated travel path. See at least [0061], wherein a predetermined distance between the following vehicle and the leading vehicle is set by the driver. In combination with Hans’ teaching, discussed above, of a predetermined threshold distance from the travel path, this limitation is taught in its entirety.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to further modify Han with Switkes’ technique of accepting a user input setting of a predefined threshold distance. It would have been obvious to modify because doing so enables leading and trailing vehicles to have a clear understanding of their surroundings, while offering increased safety, efficiency, and convenience, as recognized by Switkes (see at least [0009]-[0010]).
Thompson teaches wherein the live view of the environment comprises a subset of image data from one or more of the surround view cameras of the recreational vehicle in a direction of travel of the recreational vehicle; the image data being for the direction of travel of the recreational vehicle. See at least [0024]-[0026], [0034]-[0037], [0040]-[0047], [0055], and figures 2 and 4, wherein a live view of the environment is displayed, in a travel direction of the vehicle. The live view is obtained from a subset of the vehicle’s surround view cameras.
and thereby presenting the determined point of interest location markers in relation to the direction of travel of the recreational vehicle. See at least [0078] and figure 6, wherein the surround view 615 represents the direction of travel 611 of the vehicle, and points of interest 617-618 are displayed on the surround view.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to further modify Han with Thompson’s technique of the live view comprising a subset of image data from surround view cameras of the recreational vehicle in a direction of travel of the vehicle. It would have been obvious to modify because doing so enables better utilization of external cameras on a vehicle, improving vehicle safety, as recognized by Thompson (see at least [0002]-[0003]).
Regarding Claim 8, Han, Mullins, Switkes, and Thompson in combination teach all of the limitations of Claim 7 as discussed above, and Han additionally teaches wherein the one or more point of interest location markers include at least one of a destination location, a start location, landmarks, and/or other recreational vehicle's location. See at least [0135], wherein the markers include landmarks.
Regarding Claim 9, Han teaches A method for assisting navigation using augmented reality. See at least [0131] and figure 13.
the method comprising: determining, by the recreational vehicle, a subset of point of interest location markers from a plurality of point of interest location markers that relate to the subset of image data for the direction of travel for the leading recreational vehicle. See at least [0134]-[0135] and figure 13, steps 1306-1308, wherein point of interest markers (navigation markers and landmark markers) are determined. The determined landmark point of interest markers comprise the subset of landmarks identified from the visual data received from the leading recreational vehicle.
overlaying, by the recreational vehicle, the subset of point of interest location markers on the display screen. See at least [0136] and figure 13, step 1310, wherein the point of interest markers are added, or overlaid, to visual data, and see at least figure 14, navigation marker 1412 and landmark marker 1416 overlaid on the display screen.
determining that the recreational vehicle is deviating by a distance from the travel path. See at least [0104] and figure 9A, step 908, wherein a distance between the real-time location of the recreational vehicle and the travel path is determined. See at least [0143], wherein the disclosed methods are performed by processing circuitry.
determining whether the distance exceeds the predefined threshold distance. See at least [0104] and figure 9A, step 908, wherein the system determines if the distance exceeds a threshold distance. See at least [0143], wherein the disclosed methods are performed by processing circuitry.
and displaying a visual warning alert in response to a determination that the distance exceeds the predefined threshold distance. See at least [0104]-[0105] and figure 9A, step 910, wherein, in response to the distance exceeding the threshold distance, a warning is output via display screen 228.
Han remains silent on displaying, by a recreational vehicle, a live view of an environment of the recreational vehicle on a display screen of the recreational vehicle; wherein the live view of the environment comprises a subset of image data from one or more of the surround view cameras of the recreational vehicle in a direction of travel of the recreational vehicle; the subset of image data being for the direction of travel for the recreational vehicle; overlaying the markers in augmented reality on the live view of the environment, thereby presenting the subset of point of interest location markers in relation to the direction of travel of the recreational vehicle, and accept a user input setting of a predefined threshold distance from the electronically generated travel path.
Mullins teaches displaying, by a recreational vehicle, a live view of environment of the recreational vehicle on a display screen of the recreational vehicle. See at least [0018], [0045], and figure 8, wherein a live view of the physical environment is displayed by the first AR device in the direction that the device is pointed. In combination with Han, this would result in displaying the live view in a direction that the recreational vehicle is travelling, as the direction the vehicle travels in is equivalent to the direction that the vehicle (first AR device) is pointed.
in augmented reality on the live view of the environment. See at least [0018], [0068], and figure 8, wherein the overlaid information is displayed in augmented reality on the live view of the environment.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify the method of Han with Mullins’ technique of displaying a live view of the environment of a device, and overlaying information in augmented reality on the live view. It would have been obvious to modify because doing so enables a user to better identify a current location of another device in a vehicle, by displaying the current location of the vehicle relative to the user and the physical environment around the user, as recognized by Mullins (see at least [0002] and [0015]-[0017]).
Switkes teaches accept a user input setting of a predefined threshold distance from the electronically generated travel path. See at least [0061], wherein a predetermined distance between the following vehicle and the leading vehicle is set by the driver. In combination with Hans’ teaching, discussed above, of a predetermined threshold distance from the travel path, this limitation is taught in its entirety.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to further modify Han with Switkes’ technique of accepting a user input setting of a predefined threshold distance. It would have been obvious to modify because doing so enables leading and trailing vehicles to have a clear understanding of their surroundings, while offering increased safety, efficiency, and convenience, as recognized by Switkes (see at least [0009]-[0010]).
Thompson teaches wherein the live view of the environment comprises a subset of image data from one or more of the surround view cameras of the recreational vehicle in a direction of travel of the recreational vehicle and the image data being for the direction of travel for the own vehicle. See at least [0024]-[0026], [0034]-[0037], [0040]-[0047], [0055], and figures 2 and 4, wherein a live view of the environment is displayed, in a travel direction of the vehicle. The live view is obtained from a subset of the vehicle’s surround view cameras.
and thereby presenting the determined point of interest location markers in relation to the direction of travel of the recreational vehicle. See at least [0078] and figure 6, wherein the surround view 615 represents the direction of travel 611 of the vehicle, and points of interest 617-618 are displayed on the surround view.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to further modify Han with Thompson’s technique of the live view comprising a subset of image data from surround view cameras of the recreational vehicle in a direction of travel of the vehicle. It would have been obvious to modify because doing so enables better utilization of external cameras on a vehicle, improving vehicle safety, as recognized by Thompson (see at least [0002]-[0003]).
Regarding Claim 10, Han, Mullins, Switkes, and Thompson in combination teach all of the limitations of Claim 9 as discussed above, and Han additionally teaches wherein the one or more point of interest location markers include at least one of a destination location, a start location, landmarks, and/or other recreational vehicle's location. See at least [0135], wherein the markers include landmarks.
Regarding Claim 19, Han, Mullins, Switkes, and Thompson in combination disclose all of the limitations of Claim 7 as discussed above, and Han remains silent on wherein the augmented reality live view further includes at least one overlaid cardinal direction.
Switkes teaches wherein the augmented reality live view further includes at least one overlaid cardinal direction. See at least figure 6B. In combination with the augmented reality live view with overlaid information as taught by Han and Mullins, discussed above, this limitation is rendered obvious in its entirety.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to further modify Han with Switkes’ cardinal directions. It would have been obvious to modify because doing so enables leading and trailing vehicles to have a clear understanding of their surroundings, while offering increased safety, efficiency, and convenience, as recognized by Switkes (see at least [0009]-[0010]).
Regarding Claim 20, Han, Mullins, Switkes, and Thompson in combination disclose all of the limitations of Claim 9 as discussed above, and Han remains silent on wherein the augmented reality live view further includes at least one overlaid cardinal direction.
Switkes teaches wherein the augmented reality live view further includes at least one overlaid cardinal direction. See at least figure 6B. In combination with the augmented reality live view with overlaid information as taught by Han and Mullins, discussed above, this limitation is rendered obvious in its entirety.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to further modify Han with Switkes’ cardinal directions. It would have been obvious to modify because doing so enables leading and trailing vehicles to have a clear understanding of their surroundings, while offering increased safety, efficiency, and convenience, as recognized by Switkes (see at least [0009]-[0010]).
Claims 11-12, 14-15, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Han, Mullins, and Switkes as applied to claims above, and further in view of US 20150220992 A1, filed 02/04/2015, hereinafter “Brown”.
Regarding Claim 11, Han teaches A wearable device for assisting navigation using augmented reality. See at least [0060] and figure 2B, headgear 260.
the wearable device comprising: a processor; and memory comprising instructions. See at least [0060] and figure 2B, headgear 260, wherein the headgear includes computer hardware and software components.
that when executed by the processor cause the processor to: obtain one or more point of interest location markers from the recreational vehicle. See at least [0134]-[0135] and figure 13, steps 1306-1308, wherein point of interest markers (navigation markers and landmark markers) are determined, and see at least [0136], wherein display 228 receives the point of interest markers from the system.
wherein the one or more point of interest location markers comprise a location of a second recreational vehicle obtained by the first recreational vehicle. See at least [0091], [0132], and figure 13, step 1302, wherein the own vehicle obtains location-tagged maneuver instructions from a leading recreational vehicle. Additionally, see at least [0133], wherein the point of interest markers are obtained from the location-tagged maneuver instructions, and see at least [0077]-[0078], wherein the location-tagged maneuver instructions include locations of the leading vehicle. Additionally, see at least [0133], wherein the point of interest markers include fixed, terrestrial landmarks, such as trees, hills, rivers, etc. The navigational and landmark markers are both tagged with geospatial location information.
a communication system that is communicatively coupled to a recreational vehicle. See at least [0061] and figure 2B, data connection 266 connected to vehicle 268.
overlay the point of interest location markers. See at least [0136] and figure 13, step 1310, wherein the point of interest markers are added, or overlaid, to visual data, and see at least figure 14, navigation marker 1412 and landmark marker 1416 overlaid on the display screen.
and display a visual warning alert in response to a determination that a distance from an electronically generated travel path exceeds a predefined threshold distance from the travel path. See at least [0104]-[0105] and figure 9A, step 910, wherein, in response to the distance exceeding the threshold distance, a warning is output via display screen 228.
Han does not explicitly teach the point of interest markers being obtained via the communication system coupled to the first recreational vehicle, the markers including a location of one or more fixed terrestrial locations, and overlaying the markers in augmented reality on a live view of environment that the user is viewing through a transparent display of the wearable device, thereby presenting, via the wearable device to the user, the location of the second recreational vehicle. As discussed above, Han separately teaches obtaining point of interest markers from the recreational vehicle, and a communication system. Hans’ point of interest location markers include landmark markers with associated geospatial coordinates, but the coordinate information is related to the second vehicle’s location and not a fixed, terrestrial location. Additionally, Han remains silent on the predefined threshold distance being user input.
Mullins teaches obtaining one or more points of interest via a communication system. See at least [0034]-[0035], wherein AR device 104 is a wearable device, and identifies a point of interest from the current location of a vehicle 120, received over communication system 110.
the markers including a location of one or more fixed terrestrial locations. See at least [0068]-[0069] and figures 8-9, wherein the augmented reality display includes markers 820 and 920 representing locations in the real world. The location information is static, or fixed, relative to the real-world.
in augmented reality on a live view of environment that the user is viewing through a transparent display of the wearable device, thereby presenting, via the wearable device to the user, the location of the second recreational vehicle. See at least [0016], [0020], [0038], and [0047], wherein the AR device comprises a wearable device that includes a transparent display, and information is overlaid in augmented reality on the transparent display on the live, physical environment that the user is viewing. Additionally, see at least [0068], wherein the AR view includes a presentation of the location of the vehicle 806.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify the wearable device of Han with Mullins’ technique of overlaying information in augmented reality on a live view of the environment that a user is viewing through a transparent display of a wearable device. It would have been obvious to modify because doing so enables a user to better identify a current location of another device in a vehicle, by displaying the current location of the vehicle relative to the user and the physical environment around the user, as recognized by Mullins (see at least [0002] and [0015]-[0017]).
Switkes teaches a user input predefined threshold distance. See at least [0061], wherein a predetermined distance between the following vehicle and the leading vehicle is set by the driver. In combination with Hans’ teaching, discussed above, of a predetermined threshold distance from the travel path, this limitation is taught in its entirety.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to further modify Han with Switkes’ technique of accepting a user input setting of a predefined threshold distance. It would have been obvious to modify because doing so enables leading and trailing vehicles to have a clear understanding of their surroundings, while offering increased safety, efficiency, and convenience, as recognized by Switkes (see at least [0009]-[0010]).
Brown teaches obtaining, via a communication system of a wearable device that is communicatively coupled to a first vehicle, one or more point of interest markers from the recreational vehicle. See at least [0026]-[0027], wherein a mobile device is communicatively coupled to a vehicle. Additionally, see at least [0022], [0030], [0043]-[0045], and figure 6, wherein the mobile device is a wearable device in communication with a vehicle. Additionally, see at least [0035], wherein the mobile device obtains elements from the in-vehicle device.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to further modify Han and Mullins with Brown’s technique of obtaining, via a communication system of a wearable device, information from a vehicle communicatively coupled to the device. It would have been obvious to modify because doing so enables improvements in presenting relevant information to a user in real-time, as recognized by Brown (see at least [0002]-[0012]).
Regarding Claim 12, Han, Mullins, Switkes, and Brown in combination disclose all of the limitations of Claim 11 as discussed above, and Han additionally teaches wherein the one or more point of interest location markers include at least one of a destination location, a start location, or a landmark. See at least [0135], wherein the markers include landmarks.
Regarding Claim 14, Han teaches A method for assisting navigation using augmented reality. See at least figure 13.
the method comprising: a communication system of a wearable device that is communicatively coupled to a recreational vehicle. See at least [0061] and figure 2B, data connection 266 connected to vehicle 268.
obtaining one or more point of interest location markers from the recreational vehicle. See at least [0134]-[0135] and figure 13, steps 1306-1308, wherein point of interest markers (navigation markers and landmark markers) are determined, and see at least [0136], wherein display 228 receives the point of interest markers from the system.
wherein the one or more point of interest location markers comprise a location of a second recreational vehicle obtained by the first recreational vehicle. See at least [0091], [0132], and figure 13, step 1302, wherein the own vehicle obtains location-tagged maneuver instructions from a leading recreational vehicle. Additionally, see at least [0133], wherein the point of interest markers are obtained from the location-tagged maneuver instructions, and see at least [0077]-[0078], wherein the location-tagged maneuver instructions include locations of the leading vehicle. Additionally, see at least [0133], wherein the point of interest markers include fixed, terrestrial landmarks, such as trees, hills, rivers, etc.
overlaying, by the wearable device, the point of interest markers. See at least [0136] and figure 13, step 1310, wherein the point of interest markers are added, or overlaid, to visual data, and see at least figure 14, navigation marker 1412 and landmark marker 1416 overlaid on the display screen.
and displaying a visual warning alert in response to a determination that a distance from an electronically generated travel path exceeds a predefined threshold distance from the travel path. See at least [0104]-[0105] and figure 9A, step 910, wherein, in response to the distance exceeding the threshold distance, a warning is output via display screen 228.
Han does not explicitly teach the point of interest markers being obtained via the communication system coupled to the first recreational vehicle, the markers including a location of one or more fixed terrestrial locations, and overlaying the markers in augmented reality on a live view of environment that the user is viewing through a transparent display of the wearable device, thereby presenting, via the wearable device to the user, the location of the second recreational vehicle. As discussed above, Han separately teaches obtaining point of interest markers from the recreational vehicle, and a communication system. Hans’ point of interest location markers include landmark markers with associated geospatial coordinates, but the coordinate information is related to the second vehicle’s location and not a fixed, terrestrial location. Additionally, Han remains silent on the predefined threshold distance being user input.
Mullins teaches obtaining one or more points of interest via a communication system. See at least [0034]-[0035], wherein AR device 104 is a wearable device, and identifies a point of interest from the current location of a vehicle 120, received over communication system 110.
the markers including a location of one or more fixed terrestrial locations. See at least [0068]-[0069] and figures 8-9, wherein the augmented reality display includes markers 820 and 920 representing locations in the real world. The location information is static, or fixed, relative to the real-world.
in augmented reality on a live view of environment that the user is viewing through a transparent display of the wearable device, thereby presenting, via the wearable device to the user, the location of the second recreational vehicle. See at least [0016], [0020], [0038], and [0047], wherein the AR device comprises a wearable device that includes a transparent display, and information is overlaid in augmented reality on the transparent display on the live, physical environment that the user is viewing. Additionally, see at least [0068], wherein the AR view includes a presentation of the location of the vehicle 806.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to modify the wearable device of Han with Mullins’ technique of overlaying information in augmented reality on a live view of the environment that a user is viewing through a transparent display of a wearable device. It would have been obvious to modify because doing so enables a user to better identify a current location of another device in a vehicle, by displaying the current location of the vehicle relative to the user and the physical environment around the user, as recognized by Mullins (see at least [0002] and [0015]-[0017]).
Switkes teaches a user input predefined threshold distance. See at least [0061], wherein a predetermined distance between the following vehicle and the leading vehicle is set by the driver. In combination with Hans’ teaching, discussed above, of a predetermined threshold distance from the travel path, this limitation is taught in its entirety.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to further modify Han with Switkes’ technique of accepting a user input setting of a predefined threshold distance. It would have been obvious to modify because doing so enables leading and trailing vehicles to have a clear understanding of their surroundings, while offering increased safety, efficiency, and convenience, as recognized by Switkes (see at least [0009]-[0010]).
Brown teaches obtaining, via a communication system of a wearable device that is communicatively coupled to a first vehicle, one or more point of interest markers from the recreational vehicle. See at least [0026]-[0027], wherein a mobile device is communicatively coupled to a vehicle. Additionally, see at least [0022], [0030], [0043]-[0045], and figure 6, wherein the mobile device is a wearable device in communication with a vehicle. Additionally, see at least [0035], wherein the mobile device obtains elements from the in-vehicle device.
One having ordinary skill in the art, before the effective filing date of the claimed invention, would have found it obvious to further modify Han and Mullins with Brown’s technique of obtaining, via a communication system of a wearable device, information from a vehicle communicatively coupled to the device. It would have been obvious to modify because doing so enables improvements in presenting relevant information to a user in real-time, as recognized by Brown(see at least [0002]-[0012]).
Regarding Claim 15, Han, Mullins, Switkes, and Brown in combination disclose all of the limitations of Claim 14 as discussed above, and Han additionally teaches wherein the one or more point of interest location markers include at least one of a destination location, a start location, or a landmark. See at least [0135], wherein the markers include landmarks.
Regarding Claim 21, Han, Mullins, Switkes, and Brown in combination disclose all of the limitations of Claim 11 as discussed above, and Han additionally teaches wherein the wearable device comprises at least one of a helmet, a head-up display, goggles, glasses, a contact lens, or a face shield. See at least [0017], [0039], and [0060]-[0061], wherein the wearable device comprises headgear.
Regarding Claim 22, Han, Mullins, Switkes, and Brown in combination disclose all of the limitations of Claim 14 as discussed above, and Han additionally teaches wherein the wearable device comprises at least one of a helmet, a head-up display, goggles, glasses, a contact lens, or a face shield. (see at least [0017], [0039], and [0060]-[0061], wherein the wearable device comprises headgear)
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.M.J./Examiner, Art Unit 3667
/FARIS S ALMATRAHI/Supervisory Patent Examiner, Art Unit 3667
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