Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries 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 present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 6, 9-10, 22, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Chein et al (10917259) in view of Emoto (JP 2018018367) and Weller et al (2018/0247037).
For claim 1, Chein teaches an occupant-dependent (user) setting system for a vehicle (surrounding environment zone which includes automobile) (col.1, lines 55-68), the occupant-dependent setting system comprising: a server coupled with a server memory (120 as shown in fig.1 and 6 is server in col.5, lines 32-35 and includes storage for saving the settings in col.11, lines 52-54), configured to hold first information including (the service computing device 120 having a “settings determination module 126” and a “settings model 132”. See col. 7, lines 3-21 for a “user profile” being established for each user. See col. 7, lines 34-63 for the “settings determination module 126” determining the identity of a user and accessing the user profile. The “settings model 132” can also do this.); First occupant biometric information that includes a first capture image (Chein teaches that The one or more cameras may record the gesture as one or more images, send the one or more images to the control module 124, the control module may interpret the images, such as by executing the settings determination module 126, and may send device control instructions 136 to the television to control the television volume in accordance with the detected user input as Chein teaches in col.15, lines 58-68) assigned to an occupant to be on board the vehicle to uniquely identify physical features of the occupant (the portable computing devices 104 may include built-in identification items 110, such as RFID tags, to enable identification of the portable computing devices 104 as being in a particular zone 108 using RFID technology. Alternatively, some of the users 106 may have identification items 110 in addition to portable computing devices 104. Further, as another example, facial recognition, body recognition, or other user recognition technology, may be used to determine a current zone 108 of the users 106, in addition to, or as an alternative to, relying on communications from the portable computing devices 104 see Chein teaches in col.6, lines 15-25 and col.7, lines 3-20), first vehicle identification information (the first zone of the interior of vehicle) assigned to the vehicle to uniquely identify the vehicle (see col.2, lines 50-60 and and col.4, lines 12-20), account information, assigned to the occupant, used to allow to establish a connection network services (see col.4, lines 45-55); the vehicle including a processor coupled with a vehicle memory, the vehicle memory configured to hold second information (104 includes memory device 604 as shown in fig.5 and once element 104 enter into the zone 108, which is the vehicle, then it will become part of the vehicle) (col.13, lines 55-68) including: second occupant biometric information that includes a second capture image (Chein teaches that The one or more cameras may record the gesture as one or more images, send the one or more images to the control module 124, the control module may interpret the images, such as by executing the settings determination module 126, and may send device control instructions 136 to the television to control the television volume in accordance with the detected user input as Chein teaches in col.15, lines 58-68) assigned to the occupant to uniquely identify physical features of the occupant (Chein teaches the portable computing devices 104 may include built-in identification items 110, such as RFID tags, to enable identification of the portable computing devices 104 as being in a particular zone 108 using RFID technology. Alternatively, some of the users 106 may have identification items 110 in addition to portable computing devices 104. Further, as another example, facial recognition, body recognition, or other user recognition technology, may be used to determine a current zone 108 of the users 106, in addition to, or as an alternative to, relying on communications from the portable computing devices 104 see Chein teaches in col.6, lines 15-25 and col.7, lines 3-20)), and second vehicle identification information assigned to the vehicle to uniquely identify the vehicle (there are multiple zones of the vehicle and determine which zone is see col.2, lines 50-60 and col.4, lines 12-20), and vehicle setting data associated with the second occupant biometric information, the vehicle setting data being configured to be provided to devices installed in the vehicle to be used to adjust operations of the devices (in one broad reasonable interpretation, this claim means that the system first recognizes the occupants then, when they are recognized, acquires data regarding them and the vehicle they are in. With that in mind, see Chein col. 8, lines 42-54 for the system being able to recognize users with their devices 104 and resolve conflicts between the preferences of two users with two portable devices 104(1) and 104(2). This is shown in Fig. 1 in which users 106(1) and 106(2). The data from their devices, connect to the network 116 and then to the server 120. See col. 9, lines 2-61 for an example of a first user having a first temperature preference and a second user have a second temperature preference. The system resolves the conflict according to conflict resolution rules. In some cases, the resolution is based on a hierarchy of users. If two users are in the same vehicle cabin, the user that is higher on the hierarchy will have their preference assigned. In other cases, the preferences are averaged, as taught in col. 20, lines 20-21. The system of course has to first recognize who is in the vehicle, then based on that, call up the user’s preferences. Then determine according to the conflict resolution rules, whose preferences will be set in the vehicle. If the vehicle’s temperature is set too low for the new setting, it will be changed. Therefore, the vehicle’s settings are accessed, then changed.), the vehicle setting data being associated with the occupant the processor configured to: execute a first authentication (104 which includes processor in col.21, lines 19-22 as shown in fig.1 has built in identifications such as facial recognition in col.6, lines 13-18) to authenticate the occupant (the user) (entering the zone 108 such as inside the vehicle as shown in fig.1) (col.6, lines 13-28); and communicate with the server to request a second authentication (in the specification of the present application, see paragraph 0169 for the “combination processor 74” which function “as the ‘second authentication processor’.” See Fig. 4 and paragraph 0088 of applicant specification for the teaching that the “combination authentication processor 74” is part of the “CPU 45 of the occupant data server apparatus 4, in light of that, see col. 7, lines 34-63. See Chein col. 8, lines 30-54 for the system being able to resolve conflicts by determining a current context of the occupant (the user) on board zone or the vehicle and determine which zone (the vehicle) the occupant is in such that the conflict resolution module 140 may learn from user preference to determine which zone (vehicle) which means the system combines both the occupant (the user) and the vehicle (zone) for determining) to authenticate a combination of the occupant and the vehicle (see the prior art, Chein see Fig. 1 for teaching the “conflict resolution module 140” as a second authentication processor. See also col.7, lines 38-60 and col. 8, lines 52-65.), when the occupant is authenticated by the first authentication sending, to the server, the second information (col.6, lines 13-27), when the combination of the occupant and the vehicle is authenticated by the second authentication, the processor of the vehicle being configured to (see col. 8, lines 42-54 for the system being able to resolve conflicts between the preferences of two users with two portable devices 104(1) and 104(2). This is shown in Fig. 1 in which users 106(1) and 106(2). The data from their devices, connect to the network 116 and then to the server 120. See col. 9, lines 2-61 for an example of a first user having a first temperature preference and a second user have a second temperature preference. The system resolves the conflict according to conflict resolution rules. In some cases, the resolution is based on a hierarchy of users. If two users are in the same vehicle cabin, the user that is higher on the hierarchy will have their preference assigned. In other cases, the preferences are averaged, as taught in col. 20, lines 20-21.), acquire the account information from the server memory of the server and establish the connection to the network services by using the account information (in one broad reasonable interpretation, this claim means that the system first recognizes the occupants then, when they are recognized, acquires data regarding them and the vehicle they are in. With that in mind, see Chein col. 8, lines 42-54 for the system being able to recognize users with their devices 104 and resolve conflicts between the preferences of two users with two portable devices 104(1) and 104(2). This is shown in Fig. 1 in which users 106(1) and 106(2). The data from their devices, connect to the network 116 and then to the server 120. See col. 9, lines 2-61 for an example of a first user having a first temperature preference and a second user have a second temperature preference. The system resolves the conflict according to conflict resolution rules. In some cases, the resolution is based on a hierarchy of users. If two users are in the same vehicle cabin, the user that is higher on the hierarchy will have their preference assigned. In other cases, the preferences are averaged, as taught in col. 20, lines 20-21. The system of course has to first recognize who is in the vehicle, then based on that, call up the user’s preferences. Then determine according to the conflict resolution rules, whose preferences will be set in the vehicle. If the vehicle’s temperature is set too low for the new setting, it will be changed. Therefore, the vehicle’s settings are accessed, then changed.).
Chein does not explicitly disclose the processor configured to: execute a first authentication to authenticate the occupant by comparing the second captured image included in the second occupant biometric information with a third captured image captured in real time, the third captured image including physical features extracted from an image captured by a camera installed in the vehicle, the occupant being authenticated by the first authentication based on a coincidence of the second captured image with the third captured image, in response to the second captured image coinciding with the third captured image and the occupant being authenticated by the first authentication, obtain a fourth captured image in real time, the fourth captured image including physical features extracted from another image captured by the camera installed in the vehicle at later time than the third captured image; by sending combination data comprising the second vehicle identification information and the fourth captured image to the server, the server configured to authenticate the combination of the occupant and the vehicle after the occupant being authenticated by the first authentication when the first captured image stored in the server memory coincides with the fourth captured image in the received combination data, and the first vehicle identification information stored in the server memory matches the second vehicle identification information in the received combination data.
Emoto teaches, similar system, the processor configured to: execute a first authentication to authenticate the occupant by comparing the second captured image included in the second occupant biometric information with a third captured image including physical features extracted from an image captured by a camera (Emoto teaches that image database 32 stores image information including images of drivers who may enter the container terminal, each record of image information includes a vehicle number of the truck, one or more registered images corresponding to the truck, and a registration time of each image, the registered image is a truck driver's face image (past face image) taken in the past, and there is a possibility that multiple face images are registered for one driver and the determination unit 12 may compare a captured image with a registered image and determine whether authentication is necessary based on the degree of coincidence of these two types of images as Emoto teaches in par.32 and 40), the occupant being authenticated by the first authentication based on a coincidence of the second captured image with the third captured image (Emoto teaches that the determination unit 12 may compare the captured image with each registered image, and compare the maximum value or the minimum value of a plurality of coincidences with a threshold value. Or the determination part 12 may compare the statistical value (for example, average value or median value) of a some coincidence with a threshold value. Alternatively, the determination unit 12 may generate an average image of a plurality of registered images using any conventional technique, and compare the captured image with the average image. Alternatively, the determination unit 12 may determine the necessity of authentication by comparing the number or ratio of registered images having a degree of coincidence with a photographed image greater than a predetermined reference value with a threshold value. The determination unit 12 determines that authentication is necessary if the number or ratio of registered images similar to the photographed image is equal to or less than a threshold value, and determines that authentication is not required if the number or ratio is greater than the threshold value as Emoto teaches in par.41), in response to the second captured image coinciding with the third captured image, the server configured to authenticate the combination of the occupant and the vehicle after the occupant when the first captured image stored in the server memory coincides with the fourth captured image in the received combination data and the first vehicle identification information stored in the server memory matches the second vehicle identification information in the received combination data (Emoto teaches that the server 10, the acquisition unit 11 acquires a captured image from the camera 4 (step S11), and acquires the vehicle number of the truck (step S12) and extracts the registered image from an image database that stores the subject's past face image as a registered image, calculates the degree of coincidence between the captured image and the registered image, If the degree of coincidence is equal to or less than a predetermined threshold, it may be determined that authentication is necessary. If the photographed face image resembles a registered face image for a certain level or more, it can be said that the subject can be trusted such that the image information in which the vehicle number and the registered image are associated is used as Emoto teaches in par.55). It would have been obvious to one ordinary skill in the art before effective filling date to modify Chein to include comparing using captured image at a certain degree of coincidence or higher as taught and suggested by Emoto for the purpose of facilitating the authentication using the face image at the entrance gate is smoothly performed as a whole and making accurately determine whether authentication should be given (Emoto, abstract).
Weller teaches, similar system, third captured image captured in real time (Weller teaches that capture the first scanning data with the first scanning apparatus in response to the request for vehicle entry and grant access to a passenger cabin of the vehicle based on the first scanning data indicating an authorized occupant as Weller teaches in par.4-6), camera installed in the vehicle (the scanner or camera 14, 14b installed in the vehicle as shown in fig.1), the occupant being authenticated by the first authentication (Weller teaches that authentication may be considered successful if the controller of the authentication system 12 or the remote server identify that the occupant 24 is authorized to enter the vehicle as Weller teaches in par.38), obtain a fourth captured image in real time, the fourth captured image including physical features extracted from another image captured by the camera installed in the vehicle at later time than the third captured image (Weller teaches that continue to capture second scanning data, which the later than the first one, with the second scanning apparatus 14b (74) that installed in the vehicle. The second scanning data may be processed by the authentication system 12 to identify a privilege level associated with the occupant as Weller teaches in par.39-40), by sending combination data comprising the second vehicle identification information and the fourth captured image to the server, the server configured to authenticate the combination of the occupant and the vehicle after the occupant being authenticated by the first authentication (Weller teaches that Upon authorization in step 80, the method 60 may continue to step 84. In step 84, the authentication system 12 may complete the authorization routine by granting access, loading settings, or otherwise controlling use of one or more systems of the vehicle 10 in conformance with the settings and privileges identified in the profile or account authenticated for occupant 24 (84). Accordingly, the method may provide for a tiered authentication process configured to first grant access to the vehicle at a first security level and then activate vehicle features, settings, and/or privileges and administrative controls at second security level as Weller teaches in par.40-44) (fig.4). It would have been obvious to one ordinary skill in the art before effective filling date to modify Chein to include , the fourth captured image including physical features extracted from another image captured by the camera installed in the vehicle at later time than the third captured image; by sending combination data comprising the second vehicle identification information and the fourth captured image to the server as taught and suggested by Weller for the purpose of facilitating controlling a privilege level for the identification profile of the authorized occupant based on the second scanning data and activating one or more systems of the vehicle for use in response to the privilege level (Weller, par.5). c
For claim 6, Chein, as modified by Emoto and Weller, further teaches wherein the account information to be held in the server memory includes at least account data at a network service available in the vehicle to the occupant, and when the combination of the occupant and the vehicle is authenticated by the second authentication, the processor is configured to acquire the account data at the network service from the server memory of the server and couple the vehicle to the network service (in one broad reasonable interpretation, this claim means that the system first recognizes the occupants then, when they are recognized, acquires data regarding them and the vehicle they are in. With that in mind, see Chein col. 8, lines 42-54 for the system being able to recognize users with their devices 104 and resolve conflicts between the preferences of two users with two portable devices 104(1) and 104(2). This is shown in Fig. 1 in which users 106(1) and 106(2). The data from their devices, connect to the network 116 and then to the server 120. See col. 9, lines 2-61 for an example of a first user having a first temperature preference and a second user have a second temperature preference. The system resolves the conflict according to conflict resolution rules. In some cases, the resolution is based on a hierarchy of users. If two users are in the same vehicle cabin, the user that is higher on the hierarchy will have their preference assigned. In other cases, the preferences are averaged, as taught in col. 20, lines 20-21. The system of course has to first recognize who is in the vehicle, then based on that, call up the user’s preferences. Then determine according to the conflict resolution rules, whose preferences will be set in the vehicle. If the vehicle’s temperature is set too low for the new setting, it will be changed. Therefore, the vehicle’s settings are accessed, then changed.).
For claim 9, Chein, as modified by Emoto and Weller, further teaches wherein the processor is configured to: provide the vehicle with the vehicle setting data, when the occupant of the vehicle is authenticated by the first authentication and when the combination of the occupant and the vehicle is unauthenticated by the second authentication (in one broad reasonable interpretation, this claim means that the system first recognizes the occupants then, when they are recognized, acquires data regarding them and the vehicle they are in. With that in mind, see Chein col. 8, lines 42-54 for the system being able to recognize users with their devices 104 and resolve conflicts between the preferences of two users with two portable devices 104(1) and 104(2). This is shown in Fig. 1 in which users 106(1) and 106(2). The data from their devices, connect to the network 116 and then to the server 120. See col. 9, lines 2-61 for an example of a first user having a first temperature preference and a second user have a second temperature preference. The system resolves the conflict according to conflict resolution rules. In some cases, the resolution is based on a hierarchy of users. If two users are in the same vehicle cabin, the user that is higher on the hierarchy will have their preference assigned. In other cases, the preferences are averaged, as taught in col. 20, lines 20-21. The system of course has to first recognize who is in the vehicle, then based on that, call up the user’s preferences. Then determine according to the conflict resolution rules, whose preferences will be set in the vehicle. If the vehicle’s temperature is set too low for the new setting, it will be changed. Therefore, the vehicle’s settings are accessed, then changed.).
For claim 10, Chein, as modified by Emoto and Weller, further teaches wherein the processor is configured to: provide the vehicle with the vehicle setting data, when the occupant of the vehicle is authenticated by the first authentication processor, and when the combination of the occupant and the vehicle is authenticated by the second authentication (in one broad reasonable interpretation, this claim means that the system first recognizes the occupants then, when they are recognized, acquires data regarding them and the vehicle they are in. With that in mind, see Chein col. 8, lines 42-54 for the system being able to recognize users with their devices 104 and resolve conflicts between the preferences of two users with two portable devices 104(1) and 104(2). This is shown in Fig. 1 in which users 106(1) and 106(2). The data from their devices, connect to the network 116 and then to the server 120. See col. 9, lines 2-61 for an example of a first user having a first temperature preference and a second user have a second temperature preference. The system resolves the conflict according to conflict resolution rules. In some cases, the resolution is based on a hierarchy of users. If two users are in the same vehicle cabin, the user that is higher on the hierarchy will have their preference assigned. In other cases, the preferences are averaged, as taught in col. 20, lines 20-21. The system of course has to first recognize who is in the vehicle, then based on that, call up the user’s preferences. Then determine according to the conflict resolution rules, whose preferences will be set in the vehicle. If the vehicle’s temperature is set too low for the new setting, it will be changed. Therefore, the vehicle’s settings are accessed, then changed.).
For claim 22, Chein teaches a vehicle (surrounding environment zone which includes automobile) (col.1, lines 55-68), comprising: memory (120 as shown in fig.1 and 6 is server in col.5, lines 32-35 and includes storage for saving the settings in col.11, lines 52-54), a processor coupled with the first memory configured to hold first information including (the service computing device 120 having a “settings determination module 126” and a “settings model 132”. See col. 7, lines 3-21 for a “user profile” being established for each user. See col. 7, lines 34-63 for the “settings determination module 126” determining the identity of a user and accessing the user profile. The “settings model 132” can also do this.); First occupant biometric information that includes a first capture image (Chein teaches that The one or more cameras may record the gesture as one or more images, send the one or more images to the control module 124, the control module may interpret the images, such as by executing the settings determination module 126, and may send device control instructions 136 to the television to control the television volume in accordance with the detected user input as Chein teaches in col.15, lines 58-68) assigned to an occupant to be on board the vehicle to uniquely identify physical features of the occupant (the portable computing devices 104 may include built-in identification items 110, such as RFID tags, to enable identification of the portable computing devices 104 as being in a particular zone 108 using RFID technology. Alternatively, some of the users 106 may have identification items 110 in addition to portable computing devices 104. Further, as another example, facial recognition, body recognition, or other user recognition technology, may be used to determine a current zone 108 of the users 106, in addition to, or as an alternative to, relying on communications from the portable computing devices 104 see Chein teaches in col.6, lines 15-25 and col.7, lines 3-20), first vehicle identification information (the first zone of the interior of vehicle) assigned to the vehicle to uniquely identify the vehicle (see col.2, lines 50-60 and and col.4, lines 12-20), and vehicle setting data associated with the second occupant biometric information, the vehicle setting data being configured to be provided to devices installed in the vehicle to be used to adjust operations of the devices (in one broad reasonable interpretation, this claim means that the system first recognizes the occupants then, when they are recognized, acquires data regarding them and the vehicle they are in. With that in mind, see Chein col. 8, lines 42-54 for the system being able to recognize users with their devices 104 and resolve conflicts between the preferences of two users with two portable devices 104(1) and 104(2). This is shown in Fig. 1 in which users 106(1) and 106(2). The data from their devices, connect to the network 116 and then to the server 120. See col. 9, lines 2-61 for an example of a first user having a first temperature preference and a second user have a second temperature preference. The system resolves the conflict according to conflict resolution rules. In some cases, the resolution is based on a hierarchy of users. If two users are in the same vehicle cabin, the user that is higher on the hierarchy will have their preference assigned. In other cases, the preferences are averaged, as taught in col. 20, lines 20-21. The system of course has to first recognize who is in the vehicle, then based on that, call up the user’s preferences. Then determine according to the conflict resolution rules, whose preferences will be set in the vehicle. If the vehicle’s temperature is set too low for the new setting, it will be changed. Therefore, the vehicle’s settings are accessed, then changed.), the vehicle setting data being associated with the occupant the processor configured to: execute a first authentication (104 which includes processor in col.21, lines 19-22 as shown in fig.1 has built in identifications such as facial recognition in col.6, lines 13-18) and connect with a server coupled with a second memory configured to hold second information including (in each zone includes processor and memory that is connected with the server for the system being able to resolve conflicts by determining a current context of the occupant (the user) on board zone or the vehicle and determine which zone (the vehicle) the occupant is in such that the conflict resolution module 140 may learn from user preference to determine which zone (vehicle) which means the system combines both the occupant (the user) and the vehicle (zone) for determining) to authenticate a combination of the occupant and the vehicle (see the prior art, Chein see Fig. 1 for teaching the “conflict resolution module 140” as a second authentication processor. See also col.7, lines 38-60 and col. 8, lines 52-65.), second occupant biometric information that includes a third captured image assigned to the occupant to uniquely identify physical features of the occupant (Chein teaches the portable computing devices 104 may include built-in identification items 110, such as RFID tags, to enable identification of the portable computing devices 104 as being in a particular zone 108 using RFID technology. Alternatively, some of the users 106 may have identification items 110 in addition to portable computing devices 104. Further, as another example, facial recognition, body recognition, or other user recognition technology, may be used to determine a current zone 108 of the users 106, in addition to, or as an alternative to, relying on communications from the portable computing devices 104 see Chein teaches in col.6, lines 15-25 and col.7, lines 3-20)), request a second authentication (in the specification of the present application, see paragraph 0169 for the “combination processor 74” which function “as the ‘second authentication processor’.” See Fig. 4 and paragraph 0088 of applicant specification for the teaching that the “combination authentication processor 74” is part of the “CPU 45 of the occupant data server apparatus 4, in light of that, see col. 7, lines 34-63. See Chein col. 8, lines 30-54 for the system being able to resolve conflicts by determining a current context of the occupant (the user) on board zone or the vehicle and determine which zone (the vehicle) the occupant is in such that the conflict resolution module 140 may learn from user preference to determine which zone (vehicle) which means the system combines both the occupant (the user) and the vehicle (zone) for determining) to authenticate a combination of the occupant and the vehicle (see the prior art, Chein see Fig. 1 for teaching the “conflict resolution module 140” as a second authentication processor. See also col.7, lines 38-60 and col. 8, lines 52-65.), when the occupant is authenticated by the first authentication sending to the server the first information (col.6, lines 13-27), when the combination of the occupant and the vehicle is authenticated by the second authentication the processor of the vehicle being configured to (see col. 8, lines 42-54 for the system being able to resolve conflicts between the preferences of two users with two portable devices 104(1) and 104(2). This is shown in Fig. 1 in which users 106(1) and 106(2). The data from their devices, connect to the network 116 and then to the server 120. See col. 9, lines 2-61 for an example of a first user having a first temperature preference and a second user have a second temperature preference. The system resolves the conflict according to conflict resolution rules. In some cases, the resolution is based on a hierarchy of users. If two users are in the same vehicle cabin, the user that is higher on the hierarchy will have their preference assigned. In other cases, the preferences are averaged, as taught in col. 20, lines 20-21.), acquire the account information from the second memory of the server and establish the connection to the network services by using the account information (in one broad reasonable interpretation, this claim means that the system first recognizes the occupants then, when they are recognized, acquires data regarding them and the vehicle they are in. With that in mind, see Chein col. 8, lines 42-54 for the system being able to recognize users with their devices 104 and resolve conflicts between the preferences of two users with two portable devices 104(1) and 104(2). This is shown in Fig. 1 in which users 106(1) and 106(2). The data from their devices, connect to the network 116 and then to the server 120. See col. 9, lines 2-61 for an example of a first user having a first temperature preference and a second user have a second temperature preference. The system resolves the conflict according to conflict resolution rules. In some cases, the resolution is based on a hierarchy of users. If two users are in the same vehicle cabin, the user that is higher on the hierarchy will have their preference assigned. In other cases, the preferences are averaged, as taught in col. 20, lines 20-21. The system of course has to first recognize who is in the vehicle, then based on that, call up the user’s preferences. Then determine according to the conflict resolution rules, whose preferences will be set in the vehicle. If the vehicle’s temperature is set too low for the new setting, it will be changed. Therefore, the vehicle’s settings are accessed, then changed.).
Chein does not explicitly disclose the processor configured to: execute a first authentication to authenticate the occupant by comparing the first captured image included in the first occupant biometric information with a second captured image in real time, the second captured image including physical features extracted from an image captured by a camera installed in the vehicle, the occupant being authenticated by the first authentication based on a coincidence of the first captured image coincides with the second captured image, in response to the first captured image coinciding with the second captured image and the occupant being authenticated by the first authentication, obtain a third captured image in real time, the third captured image including physical features extracted from another image captured by the camera installed in the vehicle at later time than the second captured image, by sending combination data comprising the second vehicle identification information and the third captured image to the server, the server configured to authenticate the combination of the occupant and the vehicle after the occupant being authenticated by the first authentication when the fourth captured image stored in the server memory coincides with the third captured image in the received combination data, and the second vehicle identification information stored in the server memory matches the first vehicle identification information in the received combination data.
Emoto teaches, similar system, the processor configured to: execute a first authentication to authenticate the occupant by comparing the first captured image included in the first occupant biometric information with a second captured image including physical features extracted from an image captured by a camera (Emoto teaches that image database 32 stores image information including images of drivers who may enter the container terminal, each record of image information includes a vehicle number of the truck, one or more registered images corresponding to the truck, and a registration time of each image, the registered image is a truck driver's face image (past face image) taken in the past, and there is a possibility that multiple face images are registered for one driver and the determination unit 12 may compare a captured image with a registered image and determine whether authentication is necessary based on the degree of coincidence of these two types of images as Emoto teaches in par.32 and 40) the occupant being authenticated by the first authentication based on a coincidence of the first captured image coincides with the second captured image (Emoto teaches that the determination unit 12 may compare the captured image with each registered image, and compare the maximum value or the minimum value of a plurality of coincidences with a threshold value. Or the determination part 12 may compare the statistical value (for example, average value or median value) of a some coincidence with a threshold value. Alternatively, the determination unit 12 may generate an average image of a plurality of registered images using any conventional technique, and compare the captured image with the average image. Alternatively, the determination unit 12 may determine the necessity of authentication by comparing the number or ratio of registered images having a degree of coincidence with a photographed image greater than a predetermined reference value with a threshold value. The determination unit 12 determines that authentication is necessary if the number or ratio of registered images similar to the photographed image is equal to or less than a threshold value, and determines that authentication is not required if the number or ratio is greater than the threshold value as Emoto teaches in par.41), the server configured to authenticate the combination of the occupant and the vehicle when the fourth captured image stored in the server memory coincides with the third captured image in the received combination data, and the second vehicle identification information stored in the server memory matches the first vehicle identification information in the received combination data (Emoto teaches that the server 10, the acquisition unit 11 acquires a captured image from the camera 4 (step S11), and acquires the vehicle number of the truck (step S12) and extracts the registered image from an image database that stores the subject's past face image as a registered image, calculates the degree of coincidence between the captured image and the registered image, If the degree of coincidence is equal to or less than a predetermined threshold, it may be determined that authentication is necessary. If the photographed face image resembles a registered face image for a certain level or more, it can be said that the subject can be trusted such that the image information in which the vehicle number and the registered image are associated is used as Emoto teaches in par.55). It would have been obvious to one ordinary skill in the art before effective filling date to modify Chein to include comparing using captured image at a certain degree of coincidence or higher as taught and suggested by Emoto for the purpose of facilitating the authentication using the face image at the entrance gate is smoothly performed as a whole and making accurately determine whether authentication should be given (Emoto, abstract).
Weller teaches, similar system, a second captured image in real time (Weller teaches that capture the first scanning data with the first scanning apparatus in response to the request for vehicle entry and grant access to a passenger cabin of the vehicle based on the first scanning data indicating an authorized occupant as Weller teaches in par.4-6), camera installed in the vehicle (the scanner or camera 14, 14b installed in the vehicle as shown in fig.1), the occupant being authenticated by the first authentication (Weller teaches that authentication may be considered successful if the controller of the authentication system 12 or the remote server identify that the occupant 24 is authorized to enter the vehicle as Weller teaches in par.38), obtain a third captured image in real time, the third captured image including physical features extracted from another image captured by the camera installed in the vehicle at later time than the second captured image (Weller teaches that continue to capture second scanning data, which the later than the first one, with the second scanning apparatus 14b (74) that installed in the vehicle. The second scanning data may be processed by the authentication system 12 to identify a privilege level associated with the occupant as Weller teaches in par.39-40), by sending combination data comprising the second vehicle identification information and the third captured image to the server, the server configured to authenticate the combination of the occupant and the vehicle after the occupant being authenticated by the first authentication when the fourth captured image (Weller teaches that Upon authorization in step 80, the method 60 may continue to step 84. In step 84, the authentication system 12 may complete the authorization routine by granting access, loading settings, or otherwise controlling use of one or more systems of the vehicle 10 in conformance with the settings and privileges identified in the profile or account authenticated for occupant 24 (84). Accordingly, the method may provide for a tiered authentication process configured to first grant access to the vehicle at a first security level and then activate vehicle features, settings, and/or privileges and administrative controls at second security level as Weller teaches in par.40-44) (fig.4). It would have been obvious to one ordinary skill in the art before effective filling date to modify Chein to include , the fourth captured image including physical features extracted from another image captured by the camera installed in the vehicle at later time than the third captured image; by sending combination data comprising the second vehicle identification information and the fourth captured image to the server as taught and suggested by Weller for the purpose of facilitating controlling a privilege level for the identification profile of the authorized occupant based on the second scanning data and activating one or more systems of the vehicle for use in response to the privilege level (Weller, par.5). c
For claim 24, Chein, as modified by Emoto and Weller, further teaches Wherein when the combination of the occupant and the vehicle is authenticated by the second authentication, the processor is configured to acquire the vehicle setting data from the server memory of the server and provide the vehicle with the setting (in one broad reasonable interpretation, this claim means that the system first recognizes the occupants then, when they are recognized, acquires data regarding them and the vehicle they are in. With that in mind, see Chein col. 8, lines 42-54 for the system being able to recognize users with their devices 104 and resolve conflicts between the preferences of two users with two portable devices 104(1) and 104(2). This is shown in Fig. 1 in which users 106(1) and 106(2). The data from their devices, connect to the network 116 and then to the server 120. See col. 9, lines 2-61 for an example of a first user having a first temperature preference and a second user have a second temperature preference. The system resolves the conflict according to conflict resolution rules. In some cases, the resolution is based on a hierarchy of users. If two users are in the same vehicle cabin, the user that is higher on the hierarchy will have their preference assigned. In other cases, the preferences are averaged, as taught in col. 20, lines 20-21. The system of course has to first recognize who is in the vehicle, then based on that, call up the user’s preferences. Then determine according to the conflict resolution rules, whose preferences will be set in the vehicle. If the vehicle’s temperature is set too low for the new setting, it will be changed. Therefore, the vehicle’s settings are accessed, then changed).g to claim 1, wherein
the first information to be stored in the server memory includes vehicle set
Response to Amendments/Arguments
Applicant’s arguments with respect to claim(s) 1, 6, 9-10, 22, and 24 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The applicant’s arguments regarding new in claims 1, and 22, has been considered but is moot, because the examiner applied new art, Weller et al (2018/0247037), that covers newly claimed limitation.
Regarding dependent claims arguments, said arguments are moot because the applied references are not considered to have alleged differences, and therefore are considered to properly show that for which they were cited.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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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/AYUB A MAYE/Examiner, Art Unit 2436
/AMIE C. LIN/Primary Examiner, Art Unit 2436