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 .
This Office Action is in response to Applicant Amendment and Arguments filed on 8/5/2025.
Claim(s) 17 and 19-20 were canceled.
Claim(s) 1-16, 18, and 21-23 are pending for examination.
This Action is made FINAL.
Response to Arguments
With regards to claim(s) 1-5, 7-9, 15-16, and 17 previously rejected under 35 U.S.C. 102 and claim(s) 6 and 10-14 previously rejected under 35 U.S.C. 103, applicant's arguments have been fully considered, but are deemed moot in view of new grounds of rejection necessitated by Applicant's amendment.
Claim Objections
Claim 15 objected to because of the following informalities: two steps are labeled as step “iv)”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are a “vehicle module configured to….” as recited in claim 1, an “input device configured to…” as recited in claim 1, a “user presence module configured to…” as recited in claims 1-5, 9, and 10, and a “control module configured to…” as recited in claims 11-12 and 14.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
Regarding the vehicle module, the user precedence module, and the control module the specification states in para [0096] “In this application, including the definitions below, the term "module" or the term "controller" may be replaced with the term "circuit." The term "module" may refer to, be part of, or include: an Application Specific Integrated Circuit (ASIC); a digital, analog, or mixed analog/digital discrete circuit; a digital, analog, or mixed analog/digital integrated circuit; a combinational logic circuit; a field programmable gate array (FPGA); a processor circuit (shared, dedicated, or group) that executes code; a memory circuit (shared, dedicated, or group) that stores code executed by the processor circuit; other suitable hardware components that provide the described functionality; or a combination of some or all of the above, such as in a system-on- chip.”
Thus the structure of these modules will be interpreted as at least one circuit.
Regarding the input device the specification states in para [0046] “The vehicle 102 may further include: a memory 218; a display 220; an audio system 222; one or more transceivers 223;input devices 225;sensors 226; a navigation system 227 including a global positioning system (GPS) receiver 228; and a microphone 229. The input devices may include buttons, switches, dials, etc. The sensors 226 may include temperature and pressure sensors, accelerometers, a vehicle velocity and/or speed sensor, air flow sensors, interior and exterior cameras, radar sensors, and/or other sensors. The cameras may be used to monitor and/or detect actions of vehicle occupants. The GPS receiver 228 may provide vehicle velocity and/or direction (or heading) of the vehicle and/or global clock timing information. The microphone may be used to detect verbal commands and/or responses from vehicle occupants.”
Thus the structure of the input device will be interpreted as buttons, switches, and dials and include touchscreen/capacitive versions of these devices as well.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recites sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 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.
Claim(s) 1-5, 7-9, 21, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Golsch (US 20190302759 A1) in view of Golgiri et al. (US 20230159019 A1, hereinafter known as Golgiri).
Golsch was cited in a previous office action.
Regarding claim 1, Golsch teaches A vehicle system comprising: a transceiver; a vehicle module configured to execute a supervised partially autonomous application (SPAA) at a vehicle;
{Para [0023] “With reference to FIGS. 1 and 2, an example vehicle with a REPA system 1 is provided within a vehicle 30 and includes a communication gateway 29, at least a plurality of BLE sensors 31A-31F, referred to collectively as 31, and at least a plurality of object sensors 34A-34J, referred to collectively as 34. The REPA system 1 includes one or more vehicle modules 20 that are distributed throughout the vehicle 30 and are able to communicate with each other through, for example, a vehicle interface 45. In addition, some of the modules may be integrated into a single ECU or are able to communicate with each other using the vehicle interface 45. The vehicle interface 45, for example, may include a controller area network (CAN) bus for communication between main modules and/or lower data rate communication such as local interconnect network (LIN) for communication between the plurality of BLE sensors 31. The vehicle interface 45 can also include a clock extension peripheral interface (CXPI) bus. Additionally or alternatively, the vehicle interface 45 can include a combination of CAN bus, LIN, and CXPI bus communication interfaces. The structure of the BLE sensors 31 are discussed in further detail below with reference to FIG. 3.”
Para [0025] “The vehicle module 20 can also include a transmission module 35 that controls operation of a transmission of the vehicle 30. For example, the transmission module 35 may transition the car from drive to park. The vehicle module 20 can also include a steering module 36. The steering module 36 controls a steering wheel of the vehicle which controls the wheels of the vehicle 30. The vehicle modules 20 can also include a brake module 37. The brake module 37 controls the brakes of the vehicle 30.”
Para [0026] “The vehicle modules 20 can also include a REPA module 27. The REPA module 27 is configured to receive information from the plurality of object sensors 34 in order to define a potential parking space. The REPA module 27 determines a movement trajectory for the vehicle based on the location of the parking space including determining various vehicle parameters related to one or more brakes, the transmission, the engine, or the steering system in order to maneuver the vehicle 30 into the parking space or out of the parking space. The REPA module 27 communicates with the portable device 10 through the communication gateway 29. As described in more detail in FIGS. 6-10, automated control of the vehicle 30 is conditioned on receiving continuous user input to the portable device 10. The REPA module 27 is also configured to gather location information from the plurality of BLE sensors and/or the localization module in order to determine if the portable device 10 is within a predetermined distance from the vehicle 30.”
}
An input device configured to receive an input from a user to initiate a supervised remote mode for user presence control during execution of the SPAA;
{Para [0033] “With reference to FIG. 5, an example vehicle 30 with the REPA system 1 is shown. As discussed previously, the REPA system 1 identifies a parking space 66 based on the plurality of object sensors 34 detecting the presence or absence of secondary vehicles 64 and/or objects. Once the REPA system 1 has identified the parking space 66, the REPA system 1 displays the parking space 66 on a display of the vehicle 30. A driver of the vehicle 30 or another passenger may select the parking space 66 or ask the REPA system 1 to look for another parking space 66. When the driver accepts the parking space 66, the driver may choose to remain in the vehicle 30 while the REPA system 1 maneuvers the vehicle 30. Alternatively, the drive may choose to exit the vehicle 30 while the REPA system 1 maneuvers the vehicle 30 in or out of the parking space 66.”
}
and a user presence module configured, until SPAA operations are ceased or completed, to perform a user presence process including iteratively i) transmitting a challenge request signal from the vehicle to a mobile smart device via the transceiver, ii) based on the challenge request signal, receiving a response signal from the mobile smart device indicating a user response provided to the mobile smart device, iii) based on the response signal, confirming user presence and whether the user response is valid for continued execution of operations of the SPAA, and iv) based on validation of the user response, performing a next operation of the SPAA.
{Para [0018-0019] “A system is provided that includes: a communication gateway in a vehicle configured to establish a wireless communication connection with a portable device. The system also includes a plurality of object sensors that detects objects surrounding the vehicle. The system also includes a remote park assist system configured to (i) identify at least one parking space based on data received from the plurality of object sensors; (ii) display the at least one parking space on a display of the vehicle; (iii) receive approval of the parking space; (iv) determine a movement trajectory for the vehicle based on a location of the parking space; (v) transmit a vehicle maneuver request to the portable device; (vi) receive a plurality of responses from the portable device in response to transmitting the vehicle maneuver request and prior to transmitting a next vehicle maneuver request; and (vii) maneuver the vehicle based on the plurality of object sensors, the plurality of responses, and the movement trajectory. The system also includes the portable device, in response to receiving a request from the remote park assist system, is configured to transmit the plurality of responses, where each response of the plurality of responses indicates whether user input has been received at the portable device.
A method is also provided and includes: (i) establishing, with a communication gateway in a vehicle, a wireless communication connection with a portable device; (ii) detecting objects surrounding the vehicle with a plurality of object sensors; (iii) identifying at least one parking space based on data received from the plurality of object sensors; (iv) displaying the at least one parking space on a display of the vehicle; (v) receiving approval of the parking space; (vi) determining a movement trajectory for the vehicle based on a location of the parking space; (vii) transmitting a vehicle maneuver request to the portable device; (viii) receiving a plurality of responses from the portable device in response to transmitting the vehicle maneuver request and prior to transmitting a next vehicle maneuver request; (ix) maneuvering the vehicle based on the plurality of object sensors, the plurality of responses and the movement trajectory; and (x) transmitting using the portable device, in response to receiving the vehicle maneuver request, the plurality of responses, where each response of the plurality of responses indicates whether user input has been received at the portable device.”
Para [0034] “FIG. 6-7 illustrate a message flow diagram between the REPA module 27 and the portable device 10 communicating via BLE communication. With reference to FIG. 6, the REPA module 27 sends a vehicle maneuver request 1050A1, through the communication gateway 29, to the portable device 10 to confirm the continuous movement gesture 63. The portable device 10, in response to receiving the vehicle maneuver request 1050A1, transmits a first response 105061-1 back to the REPA module 27 indicating whether user input such as the continuous movement gesture 63 was received. This process is repeated in a loop until the vehicle 30 has reached the parking space 66 or the vehicle 30 has been maneuvered out of the parking space 66. Due to signal processing constraints such as latency in transmitting, receiving, and processing signals, the total response time may be higher than what is desirable. The present disclosure provides additional features to traditional REPA systems 1, in that, the REPA module 27 is able to confirm the continuous movement gesture 63 at a faster rate than was previously possible.”
Para [0035] “As discussed above, the REPA system 1 maneuvers the vehicle 30 in the parking space 66 under the supervision of the driver of the vehicle 30 as verified by the continuous movement gesture 63 performed on the portable device 10. The REPA module 27 may indicate in the vehicle maneuver request 1050A1 that a plurality of responses 1050B1-1-1050B1-3 are requested from the portable device 10 in response to the portable device 10 receiving the vehicle maneuver request 1050A1. The plurality of responses 105081-1-105081-3 indicate whether user input such as the continuous movement gesture 63 is being received at the portable device 10. In this manner, the REPA system 1 is able to confirm that the continuous movement gesture 63 is being performed on the portable device 10 at a faster rate than was previously possible. For example, the vehicle maneuver request 1050A1 may indicate that three responses are requested from the portable device 10 for each vehicle maneuver request 1050A1 received, as shown in FIG. 7. The vehicle maneuver request 1050A1 may be transmitted to the portable device 10 once every predetermined period while the REPA system 1 is maneuvering the vehicle. For example, the predetermined period may be set to 125 milliseconds (ms). In another example, the predetermined period may be set to 250 ms. While the examples of 125 ms and 250 ms are provided, the predetermined period may be set to any suitable time period. In addition, the vehicle maneuver request 1050A1 may include timing constraints for transmission of the responses 105061-1-1005131-3. For example, the vehicle maneuverer request 1050A1, may also contain instructions for the portable device 10 to wait for a predetermined period before transmitting each response 1050131-1-1050131-3. For example, the predetermined period may be set to 30 ms. In another example, the predetermined period may be set to 45 ms. While the examples of 30 ms and 45 ms are provided, the predetermined period may be set to any suitable time period.”
}
Golsch does not teach wherein the challenge request signal includes instructions to the user describing a plurality of steps to perform via the mobile smart device in order to provide a valid response and continue execution of operations of the SPAA. and wherein the instructions include step-by-step instructions for different responses to be provided by the user via the mobile smart device in a predetermined order for execution of operations of the SPAA to continue.
However Golgiri teaches wherein the challenge request signal includes instructions to the user describing a plurality of steps to perform via the mobile smart device in order to provide a valid response and continue execution of operations of the SPAA. and wherein the instructions include step-by-step instructions for different responses to be provided by the user via the mobile smart device in a predetermined order for execution of operations of the SPAA to continue.
{fig. 4 and para [0085] “FIG. 6 illustrates the mobile device 120 after the initialization step and selection of the connected vehicle. The mobile device 120 may the HMI 505 to output an instruction 605 indicative of a user action to orient the mobile device 120. For example, the instruction 605 can, when followed, cause the user 140 to direct the mobile device 120 to a functional orientation with respect to the vehicle 105. One example instruction 605, “Direct Mobile Device Toward Vehicle” is illustrated as an example.”
para [0098-0099] “FIG. 10 illustrates a side view of the mobile device 120 pointed with a mobile device heading 1005 toward the sky and likely at too high of an angle to properly to show active user engagement as illustrated. The heading angle sensory information may be indicative of a mobile device heading 1005 (and the absolute heading angle 1015). The vehicle 105 may check that the mobile device 120 is oriented approximately in the correct plane, as demonstrated by the mobile device heading 1005. The mobile device heading 1005 describes an absolute heading angle 1015 from the mobile device heading 1005 to the surface of the ground 1010. For example, the back face or front face of the mobile device 120 is not facing the ground 1010, or the sky 1020.
At step 430, the mobile device 120 may transmit sensor information and a button press status indicative that the user 140 is actively actuating a Human Machine Interface (HMI) element indicative of user attention to the remote parking maneuver. FIG. 12 illustrates the user 140 receiving an instruction 1200 via the mobile device 120 for operating the system 107, in accordance with embodiments of the present disclosure. As illustrated in FIG. 11, the instructions may cause the user 140 to press and hold an HMI element such as a button 1105, or other user engagement mechanism. The instruction may include, for example, instructions for pressing and holding a button 1105. The system 107 may cause output of a user message 1100 indicating one or more actions needed for the remote park assist operation.”
Where first an instruction to point the device at the vehicle is provided followed by an instruction to press the onscreen button after the first step is completed.
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Golsch to incorporate the teachings of Golgiri to provide multi step instructions to the user that the user has to follow in order because it ensures the user is paying attention (para[0099] “At step 430, the mobile device 120 may transmit sensor information and a button press status indicative that the user 140 is actively actuating a Human Machine Interface (HMI) element indicative of user attention to the remote parking maneuver. FIG. 12 illustrates the user 140 receiving an instruction 1200 via the mobile device 120 for operating the system 107, in accordance with embodiments of the present disclosure. As illustrated in FIG. 11, the instructions may cause the user 140 to press and hold an HMI element such as a button 1105, or other user engagement mechanism. The instruction may include, for example, instructions for pressing and holding a button 1105. The system 107 may cause output of a user message 1100 indicating one or more actions needed for the remote park assist operation.” And para [0102] “At step 445, the vehicle determines that mobile device 120 is oriented in a correct plane. FIG. 12 illustrates a vehicle image 1205 appearing on an HMI 505. The vehicle image 1205 shown may exceed a minimum threshold for relative bearing with respect to the mobile device 120, because the vehicle image 1205 does not indicate that the mobile device 120 has a bearing that directs to an optimal location that indicates full user attention to the remote park operation. Accordingly, the HMI 505 may output an messages 1215, and/or an animation or icon indicative of a user instruction for orienting the mobile device 1220. The mobile device 120 may be pointed in a direction that leads away from a co-planar (with respect to the ground) view of the vehicle 105 (shown as the vehicle image 1205 in FIG. 12). The HMI 505 may output one or more messages 1215 such as, for example “Tilt Phone Up Toward Vehicle”.”)
Regarding claim 2, Golsh in view of Golgiri teaches The vehicle system of claim 1. Golsch teaches wherein the user presence module is configured, subsequent to initiating operation in the supervised remote mode and prior to performing operations of the SPAA, to perform a confirmation process including i) transmitting a second challenge request signal to the mobile smart device for confirmation to execute the SPAA, ii) based on the second challenge request signal, receiving another response signal from the mobile smart device indicating a user response provided to the mobile smart device, iii) based on the another response signal, confirming user presence and whether the user response is valid to execute the SPAA, and iv) based on validation of the user response, at least one of performing an operation of the SPAA and performing the user presence process.
{Para [0018-0019] “A system is provided that includes: a communication gateway in a vehicle configured to establish a wireless communication connection with a portable device. The system also includes a plurality of object sensors that detects objects surrounding the vehicle. The system also includes a remote park assist system configured to (i) identify at least one parking space based on data received from the plurality of object sensors; (ii) display the at least one parking space on a display of the vehicle; (iii) receive approval of the parking space; (iv) determine a movement trajectory for the vehicle based on a location of the parking space; (v) transmit a vehicle maneuver request to the portable device; (vi) receive a plurality of responses from the portable device in response to transmitting the vehicle maneuver request and prior to transmitting a next vehicle maneuver request; and (vii) maneuver the vehicle based on the plurality of object sensors, the plurality of responses, and the movement trajectory. The system also includes the portable device, in response to receiving a request from the remote park assist system, is configured to transmit the plurality of responses, where each response of the plurality of responses indicates whether user input has been received at the portable device.
A method is also provided and includes: (i) establishing, with a communication gateway in a vehicle, a wireless communication connection with a portable device; (ii) detecting objects surrounding the vehicle with a plurality of object sensors; (iii) identifying at least one parking space based on data received from the plurality of object sensors; (iv) displaying the at least one parking space on a display of the vehicle; (v) receiving approval of the parking space; (vi) determining a movement trajectory for the vehicle based on a location of the parking space; (vii) transmitting a vehicle maneuver request to the portable device; (viii) receiving a plurality of responses from the portable device in response to transmitting the vehicle maneuver request and prior to transmitting a next vehicle maneuver request; (ix) maneuvering the vehicle based on the plurality of object sensors, the plurality of responses and the movement trajectory; and (x) transmitting using the portable device, in response to receiving the vehicle maneuver request, the plurality of responses, where each response of the plurality of responses indicates whether user input has been received at the portable device.”
Para [0034] “FIG. 6-7 illustrate a message flow diagram between the REPA module 27 and the portable device 10 communicating via BLE communication. With reference to FIG. 6, the REPA module 27 sends a vehicle maneuver request 1050A1, through the communication gateway 29, to the portable device 10 to confirm the continuous movement gesture 63. The portable device 10, in response to receiving the vehicle maneuver request 1050A1, transmits a first response 105061-1 back to the REPA module 27 indicating whether user input such as the continuous movement gesture 63 was received. This process is repeated in a loop until the vehicle 30 has reached the parking space 66 or the vehicle 30 has been maneuvered out of the parking space 66. Due to signal processing constraints such as latency in transmitting, receiving, and processing signals, the total response time may be higher than what is desirable. The present disclosure provides additional features to traditional REPA systems 1, in that, the REPA module 27 is able to confirm the continuous movement gesture 63 at a faster rate than was previously possible.”
Para [0035] “As discussed above, the REPA system 1 maneuvers the vehicle 30 in the parking space 66 under the supervision of the driver of the vehicle 30 as verified by the continuous movement gesture 63 performed on the portable device 10. The REPA module 27 may indicate in the vehicle maneuver request 1050A1 that a plurality of responses 1050B1-1-1050B1-3 are requested from the portable device 10 in response to the portable device 10 receiving the vehicle maneuver request 1050A1. The plurality of responses 105081-1-105081-3 indicate whether user input such as the continuous movement gesture 63 is being received at the portable device 10. In this manner, the REPA system 1 is able to confirm that the continuous movement gesture 63 is being performed on the portable device 10 at a faster rate than was previously possible. For example, the vehicle maneuver request 1050A1 may indicate that three responses are requested from the portable device 10 for each vehicle maneuver request 1050A1 received, as shown in FIG. 7. The vehicle maneuver request 1050A1 may be transmitted to the portable device 10 once every predetermined period while the REPA system 1 is maneuvering the vehicle. For example, the predetermined period may be set to 125 milliseconds (ms). In another example, the predetermined period may be set to 250 ms. While the examples of 125 ms and 250 ms are provided, the predetermined period may be set to any suitable time period. In addition, the vehicle maneuver request 1050A1 may include timing constraints for transmission of the responses 105061-1-1005131-3. For example, the vehicle maneuverer request 1050A1, may also contain instructions for the portable device 10 to wait for a predetermined period before transmitting each response 1050131-1-1050131-3. For example, the predetermined period may be set to 30 ms. In another example, the predetermined period may be set to 45 ms. While the examples of 30 ms and 45 ms are provided, the predetermined period may be set to any suitable time period.”
}
Regarding claim 3, Golsh in view of Golgiri teaches The vehicle system of claim 2. Golsch teaches wherein the user presence module is configured to: start a first timer when the second challenge request signal is transmitted to the mobile smart device; in response to the first timer timing out prior to user presence being confirmed and the user response being validated to execute the SPAA, refraining from performing operations of the SPAA; and in response to confirming user presence and validation of the user response to execute the SPAA, permitting performance of operations of the SPAA.
{Para [0033] “The REPA system 1 may also require user input such as a continuous movement gesture 63 on a touch screen display of the portable device 10 to ensure that the driver is attentive and watching over the vehicle 30 as the REPA system 1 maneuvers the vehicle 30. For example, the driver may be required to perform the continuous movement gesture 63 such as move a finger in a circular direction on the display of the portable device 10 throughout the automated parking process. In response to the REPA system 1 detecting that the driver has ceased the continuous movement gesture 63, the REPA system 1 may stop the vehicle 30. In this manner the driver is held responsible for the vehicle 30. Furthermore, if the application software 12 on the portable device 10 crashes, the REPA system 1 may stop maneuvering the vehicle 30.”
Where the timer is being set to whatever the system considers as “continuous” and when the “continuous” action is stopped operations of the vehicle are stopped.
Para [0035] discusses how reporting is done at predetermined periods
}
Regarding claim 4, Golsh in view of Golgiri teaches The vehicle system of claim 3. Golsch teaches wherein the user presence module is configured, subsequent to initiating operation in the supervised remote mode and prior to performing operations of the SPAA, to perform a confirmation process including i) transmitting a confirmation request signal to the mobile smart device for confirmation to execute the SPAA, ii) based on the confirmation request signal, receiving another response signal from the mobile smart device indicating a user response has been received at the mobile smart device and the user response has been validated for execution of the SPAA, and iii) based on the another response signal, at least one of performing an operation of the SPAA and performing the user presence process.
{Para [0018-0019] “A system is provided that includes: a communication gateway in a vehicle configured to establish a wireless communication connection with a portable device. The system also includes a plurality of object sensors that detects objects surrounding the vehicle. The system also includes a remote park assist system configured to (i) identify at least one parking space based on data received from the plurality of object sensors; (ii) display the at least one parking space on a display of the vehicle; (iii) receive approval of the parking space; (iv) determine a movement trajectory for the vehicle based on a location of the parking space; (v) transmit a vehicle maneuver request to the portable device; (vi) receive a plurality of responses from the portable device in response to transmitting the vehicle maneuver request and prior to transmitting a next vehicle maneuver request; and (vii) maneuver the vehicle based on the plurality of object sensors, the plurality of responses, and the movement trajectory. The system also includes the portable device, in response to receiving a request from the remote park assist system, is configured to transmit the plurality of responses, where each response of the plurality of responses indicates whether user input has been received at the portable device.
A method is also provided and includes: (i) establishing, with a communication gateway in a vehicle, a wireless communication connection with a portable device; (ii) detecting objects surrounding the vehicle with a plurality of object sensors; (iii) identifying at least one parking space based on data received from the plurality of object sensors; (iv) displaying the at least one parking space on a display of the vehicle; (v) receiving approval of the parking space; (vi) determining a movement trajectory for the vehicle based on a location of the parking space; (vii) transmitting a vehicle maneuver request to the portable device; (viii) receiving a plurality of responses from the portable device in response to transmitting the vehicle maneuver request and prior to transmitting a next vehicle maneuver request; (ix) maneuvering the vehicle based on the plurality of object sensors, the plurality of responses and the movement trajectory; and (x) transmitting using the portable device, in response to receiving the vehicle maneuver request, the plurality of responses, where each response of the plurality of responses indicates whether user input has been received at the portable device.”
Para [0034] “FIG. 6-7 illustrate a message flow diagram between the REPA module 27 and the portable device 10 communicating via BLE communication. With reference to FIG. 6, the REPA module 27 sends a vehicle maneuver request 1050A1, through the communication gateway 29, to the portable device 10 to confirm the continuous movement gesture 63. The portable device 10, in response to receiving the vehicle maneuver request 1050A1, transmits a first response 105061-1 back to the REPA module 27 indicating whether user input such as the continuous movement gesture 63 was received. This process is repeated in a loop until the vehicle 30 has reached the parking space 66 or the vehicle 30 has been maneuvered out of the parking space 66. Due to signal processing constraints such as latency in transmitting, receiving, and processing signals, the total response time may be higher than what is desirable. The present disclosure provides additional features to traditional REPA systems 1, in that, the REPA module 27 is able to confirm the continuous movement gesture 63 at a faster rate than was previously possible.”
Para [0035] “As discussed above, the REPA system 1 maneuvers the vehicle 30 in the parking space 66 under the supervision of the driver of the vehicle 30 as verified by the continuous movement gesture 63 performed on the portable device 10. The REPA module 27 may indicate in the vehicle maneuver request 1050A1 that a plurality of responses 1050B1-1-1050B1-3 are requested from the portable device 10 in response to the portable device 10 receiving the vehicle maneuver request 1050A1. The plurality of responses 105081-1-105081-3 indicate whether user input such as the continuous movement gesture 63 is being received at the portable device 10. In this manner, the REPA system 1 is able to confirm that the continuous movement gesture 63 is being performed on the portable device 10 at a faster rate than was previously possible. For example, the vehicle maneuver request 1050A1 may indicate that three responses are requested from the portable device 10 for each vehicle maneuver request 1050A1 received, as shown in FIG. 7. The vehicle maneuver request 1050A1 may be transmitted to the portable device 10 once every predetermined period while the REPA system 1 is maneuvering the vehicle. For example, the predetermined period may be set to 125 milliseconds (ms). In another example, the predetermined period may be set to 250 ms. While the examples of 125 ms and 250 ms are provided, the predetermined period may be set to any suitable time period. In addition, the vehicle maneuver request 1050A1 may include timing constraints for transmission of the responses 105061-1-1005131-3. For example, the vehicle maneuverer request 1050A1, may also contain instructions for the portable device 10 to wait for a predetermined period before transmitting each response 1050131-1-1050131-3. For example, the predetermined period may be set to 30 ms. In another example, the predetermined period may be set to 45 ms. While the examples of 30 ms and 45 ms are provided, the predetermined period may be set to any suitable time period.”
}
Regarding claim 5, Golsh in view of Golgiri teaches The vehicle system of claim 4. Golsch teaches wherein the user presence module is configured to: start a second timer when the confirmation request signal is transmitted to the mobile smart device; in response to the second timer timing out prior to receiving confirmation from the mobile smart device to execute the SPAA, refrain from performing operations of the SPAA; and in response to receiving confirmation from the mobile smart device to execute the SPAA, permit performance of operations of the SPAA.
{Para [0033] “The REPA system 1 may also require user input such as a continuous movement gesture 63 on a touch screen display of the portable device 10 to ensure that the driver is attentive and watching over the vehicle 30 as the REPA system 1 maneuvers the vehicle 30. For example, the driver may be required to perform the continuous movement gesture 63 such as move a finger in a circular direction on the display of the portable device 10 throughout the automated parking process. In response to the REPA system 1 detecting that the driver has ceased the continuous movement gesture 63, the REPA system 1 may stop the vehicle 30. In this manner the driver is held responsible for the vehicle 30. Furthermore, if the application software 12 on the portable device 10 crashes, the REPA system 1 may stop maneuvering the vehicle 30.”
Where the timer is being set to whatever the system considers as “continuous” and when the “continuous” action is stopped operations of the vehicle are stopped.
Para [0035] discusses how reporting is done at predetermined periods
}
Regarding claim 7, Golsh in view of Golgiri teaches The vehicle system of claim 1. Golsch teaches wherein the challenge request signal includes a request for the user to at least one of provide a gesture, perform a physical action, provide an audible input, answer a question, and perform a requested task including interaction with the mobile smart device.
{Para [0033] “The REPA system 1 may also require user input such as a continuous movement gesture 63 on a touch screen display of the portable device 10 to ensure that the driver is attentive and watching over the vehicle 30 as the REPA system 1 maneuvers the vehicle 30. For example, the driver may be required to perform the continuous movement gesture 63 such as move a finger in a circular direction on the display of the portable device 10 throughout the automated parking process. In response to the REPA system 1 detecting that the driver has ceased the continuous movement gesture 63, the REPA system 1 may stop the vehicle 30. In this manner the driver is held responsible for the vehicle 30. Furthermore, if the application software 12 on the portable device 10 crashes, the REPA system 1 may stop maneuvering the vehicle 30.”
}
Regarding claim 8, Golsh in view of Golgiri teaches The vehicle system of claim 1. Golsch teaches wherein the SPAA is at least one of a supervised remote liftgate application, a supervised remote tailgate application, a supervised remote convertible top application, and supervised remote safety critical application.
{Abstract “A system and method for a vehicle including a communication gateway in a vehicle configured to establish a wireless communication connection with a portable device; a plurality of object sensors that detects objects surrounding the vehicle; a remote park assist system configured to (i) identify at least one parking space based on data received from the plurality of object sensors; (iv) determine a movement trajectory for the vehicle; (v) transmit a vehicle maneuver request to the portable device; (vi) receive a plurality of responses from the portable device in response to transmitting the vehicle maneuver request; and (vii) maneuver the vehicle based on the plurality of object sensors, the plurality of responses, and the movement trajectory; and the portable device, in response to receiving a request from the remote park assist system, is configured to transmit the plurality of responses.”
Remote parking assist can be considered a safety critical application.
}
Regarding claim 9, Golsh in view of Golgiri teaches The vehicle system of claim 1. Golsch teaches wherein the user presence module is configured to: start a timer when the challenge request signal is transmitted to the mobile smart device; in response to the timer timing out prior to user presence being confirmed and the user response being validated, refrain from performing operations of the SPAA; and in response to confirming user presence and validation of the user response, permit performance of operations of the SPAA.
{Para [0033] “The REPA system 1 may also require user input such as a continuous movement gesture 63 on a touch screen display of the portable device 10 to ensure that the driver is attentive and watching over the vehicle 30 as the REPA system 1 maneuvers the vehicle 30. For example, the driver may be required to perform the continuous movement gesture 63 such as move a finger in a circular direction on the display of the portable device 10 throughout the automated parking process. In response to the REPA system 1 detecting that the driver has ceased the continuous movement gesture 63, the REPA system 1 may stop the vehicle 30. In this manner the driver is held responsible for the vehicle 30. Furthermore, if the application software 12 on the portable device 10 crashes, the REPA system 1 may stop maneuvering the vehicle 30.”
Where the timer is being set to whatever the system considers as “continuous” and when the “continuous” action is stopped operations of the vehicle are stopped.
Para [0035] discusses how reporting is done at predetermined periods
}
Regarding claim 21, Golsh in view of Golgiri teaches The vehicle system of claim 1. Golgiri teaches wherein the instructions to the user indicate respectively a plurality of different responses to be provided by the user via the mobile smart device in order for execution of operations of the SPAA to continue.
{para [0085] “FIG. 6 illustrates the mobile device 120 after the initialization step and selection of the connected vehicle. The mobile device 120 may the HMI 505 to output an instruction 605 indicative of a user action to orient the mobile device 120. For example, the instruction 605 can, when followed, cause the user 140 to direct the mobile device 120 to a functional orientation with respect to the vehicle 105. One example instruction 605, “Direct Mobile Device Toward Vehicle” is illustrated as an example.”
para [0098-0099] “FIG. 10 illustrates a side view of the mobile device 120 pointed with a mobile device heading 1005 toward the sky and likely at too high of an angle to properly to show active user engagement as illustrated. The heading angle sensory information may be indicative of a mobile device heading 1005 (and the absolute heading angle 1015). The vehicle 105 may check that the mobile device 120 is oriented approximately in the correct plane, as demonstrated by the mobile device heading 1005. The mobile device heading 1005 describes an absolute heading angle 1015 from the mobile device heading 1005 to the surface of the ground 1010. For example, the back face or front face of the mobile device 120 is not facing the ground 1010, or the sky 1020.
At step 430, the mobile device 120 may transmit sensor information and a button press status indicative that the user 140 is actively actuating a Human Machine Interface (HMI) element indicative of user attention to the remote parking maneuver. FIG. 12 illustrates the user 140 receiving an instruction 1200 via the mobile device 120 for operating the system 107, in accordance with embodiments of the present disclosure. As illustrated in FIG. 11, the instructions may cause the user 140 to press and hold an HMI element such as a button 1105, or other user engagement mechanism. The instruction may include, for example, instructions for pressing and holding a button 1105. The system 107 may cause output of a user message 1100 indicating one or more actions needed for the remote park assist operation.”
Where first an instruction to point the device at the vehicle is provided followed by an instruction to press the onscreen button after the first step is completed.
}
Regarding claim 23, Golsh in view of Golgiri teaches The vehicle system of claim 1. Golgiri teaches wherein the user presence module is configured to: determine whether to perform user presence operations for an initial confirmation; in response to determining that user presence operations are to be performed, provide the challenge request signal from the vehicle to the mobile smart device; and in response to determining that the user presence operations are not to be performed, provide a confirmation request signal from the vehicle to the mobile smart device, wherein the confirmation request signal is absent instructions for providing a response.
{fig. 4, para [0085], para [0098-0099], para [0105]
System checks if phone is oriented correctly. If the phone is oriented correctly the initial user presence of operations of moving the phone to the correct position does not need to be performed and the message is only displayed if the phone is not oriented correctly so the initial user presence operations are performed.
}
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Golsch (US 20190302759 A1) in view of Golgiri et al. (US 20230159019 A1, hereinafter known as Golgiri) and Lavoie et al. (US 20230087202 A1, hereinafter known as Lavoie).
Lavoie was cited in a previous office action.
Regarding Claim 6, Golsh in view of Golgiri teaches The vehicle system of claim 1. Golsch teaches wherein the user presence process is performed subsequent to initiation of the supervised remote mode and subsequent to
{Para [0033] “With reference to FIG. 5, an example vehicle 30 with the REPA system 1 is shown. As discussed previously, the REPA system 1 identifies a parking space 66 based on the plurality of object sensors 34 detecting the presence or absence of secondary vehicles 64 and/or objects. Once the REPA system 1 has identified the parking space 66, the REPA system 1 displays the parking space 66 on a display of the vehicle 30. A driver of the vehicle 30 or another passenger may select the parking space 66 or ask the REPA system 1 to look for another parking space 66. When the driver accepts the parking space 66, the driver may choose to remain in the vehicle 30 while the REPA system 1 maneuvers the vehicle 30. Alternatively, the drive may choose to exit the vehicle 30 while the REPA system 1 maneuvers the vehicle 30 in or out of the parking space 66.”
}
Golsch in view of Golgiri does not teach, wherein the user presence process is performed subsequent to initiation of the supervised remote mode and subsequent to detecting that the user has exited the vehicle.
However, Lavoie teaches wherein the user presence process is performed subsequent to initiation of the supervised remote mode and subsequent to detecting that the user has exited the vehicle.
{fig. 4 and Para [0081] “FIG. 4 depicts the mobile device of FIG. 1 generating an aspect of Remote Driver Assist Technology (ReDAT) parking functionality in accordance with embodiments of the present disclosure. The HMI quick switch system 107 (as shown in FIG. 1) may cause the mobile device 120 to provide a rapid or quick transition from an orbital or AR user engagement signal based on user preference, user awareness; how they are engaging/positioning the mobile device 120, and whether the user 140 is pointing the mobile device 120 at the vehicle 105.”
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Golsch in view of Golgiri to incorporate the teachings of Lavoie to have the user outside the vehicle and pointing their smartphone at the vehicle because it ensure that the user is maintaining the required level of awareness of the remote parking para [0099] “Based on operational expectations of the mobile device 120 orientation and attitude, if either change during operational use, or do not fall within the guidelines of expected states respective to a particular orientation, the processor 121 may determine if the user 140 has lost focus/awareness and is presenting a “lack of intent” that may be less than adequate for operation of the RePA procedure. Responsive to determining that the user is performing one or more actions that show intent to perform the parking maneuver, and those one or more actions indicate adequate user attention to the task at hand (e.g., the user 140 maintains a threshold level of engagement), the processor 121 may cause one or more vehicle controllers to automatically maneuver the vehicle 105 responsive to determining that the user maintains the threshold level of engagement.”
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Golsch (US 20190302759 A1) in view of Golgiri et al. (US 20230159019 A1, hereinafter known as Golgiri) and Lavoie et al. (US 20190258238 A1, hereinafter known as Lavoie2).
Lavoie2 was cited in a previous office action.
Regarding Claim 10, Golsch in view of Golgiri teaches The vehicle system of claim 1.
Golsch in view of Golgiri does not teach, wherein the vehicle module is configured to, during at least one of confirmation to execute the SPAA and execution of the SPAA, ignore signals received from a second mobile smart device paired with the vehicle that are directed to the SPAA.
However, Lavoie2 teaches wherein the vehicle module is configured to, during at least one of confirmation to execute the SPAA and execution of the SPAA, ignore signals received from a second mobile smart device paired with the vehicle that are directed to the SPAA.
{para [0011] “When a parking space is detected, the RePA system signals, via an interface (e.g., a center console display, etc.) for the operator to stop the vehicle near the detected parking spot. The operator then exits the vehicle. RePA systems are then further activated via mobile devices (e.g., smartphone, smart watch, key fob, etc.) to complete the autonomous parking. In jurisdictions that require the mobile device to stay within a threshold distance of a vehicle, the RePA system tracks the location of the mobile device in relation to the location of the vehicle and determines whether the mobile device is within the threshold distance.”
Para [0081] “In some examples, the key fob wireless module 114 receives responses to polling signals from multiple key fobs associated with the vehicle 100. In such examples, the key fob wireless module 114 indicates a negative status when all of the key fobs have a negative status. For example, when three key fobs response to the polling signal, the key fob wireless module 114 may not indicate a negative status if at least one of the multiple key fobs does not meet the negative status criteria discussed above. When one or more of the multiple key fobs meet the negative status criteria, the key fob wireless module 114 ignore those key fobs (e.g., does not localize using those key fobs, does not accept commands from those key fobs, etc.). In some examples, the key fob wireless module 114 sends a message that causes an audio and/or visual alert to the ones of the multiple key fobs that do not meet the negative status criteria and uses the one of the multiple key fobs that is the first to send a command back to the key fob wireless module 114. For example, if the key fob wireless module 114 receives polling responses from two key fobs associated with the vehicle 100 and one of the key fobs has a negative status, the key fob wireless module 114 may send an alert to the other key fob and wait for a command (e.g., an unlock door command, etc.) from the other key fob. In such an example, upon receipt of the command, the key fob wireless module 114 may use the signal strength from that key fob to localize the operator.”
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Golsch in view of Golgiri to incorporate the teachings of Lavoie2 to ignore a second mobile smart device with a negative status (low battery) because they may conflict with the commands of the first device and their connection may not be reliable.
Claim(s) 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Golsch (US 20190302759 A1) in view of Golgiri et al. (US 20230159019 A1, hereinafter known as Golgiri), Lavoie et al. (US 20230087202 A1, hereinafter known as Lavoie), and Stahlin et al (US 20130218415 A1; hereinafter known as Stahlin).
Stahlin was cited in a previous office action.
Regarding Claim 11, Golsch teaches A mobile smart device comprising: a transceiver configured to receive challenge request signals from a vehicle for performing operations of a supervised partially autonomous application (SPAA) at the vehicle;
{Para [0027] “As shown in FIGS. 1 and 2, the portable device 10 can communicate with the communication gateway 29 of the vehicle 30 via the secure communication link 39. Without limitation, the portable device 10 may be any Bluetooth enabled communication device such as a smart phone, smart watch, wearable electronic device, key fob, tablet device, or other device associated with a user of the vehicle 30, such as an owner, driver, passenger of the vehicle 30, and/or a technician for the vehicle 30. As noted above, other wireless communication protocols could be used in place of Bluetooth or BLE, such as Wi-Fi, Wi-Fi direct, UWB, and/or IR USB. The portable device 10 can include a BLE chipset 11 connected to an antenna 13. The portable device 10 can also include application software 12 stored in a computer-readable storage module or device. The portable device 10 can also optionally include a GPS module 14 or other device location service.”
}
and a control module configured to perform an iterative transfer process for validation of user responses to the challenge request signals, the iterative transfer process comprising iteratively based on a respective one of the challenge request signals,
{ Para [0018-0019] “A system is provided that includes: a communication gateway in a vehicle configured to establish a wireless communication connection with a portable device. The system also includes a plurality of object sensors that detects objects surrounding the vehicle. The system also includes a remote park assist system configured to (i) identify at least one parking space based on data received from the plurality of object sensors; (ii) display the at least one parking space on a display of the vehicle; (iii) receive approval of the parking space; (iv) determine a movement trajectory for the vehicle based on a location of the parking space; (v) transmit a vehicle maneuver request to the portable device; (vi) receive a plurality of responses from the portable device in response to transmitting the vehicle maneuver request and prior to transmitting a next vehicle maneuver request; and (vii) maneuver the vehicle based on the plurality of object sensors, the plurality of responses, and the movement trajectory. The system also includes the portable device, in response to receiving a request from the remote park assist system, is configured to transmit the plurality of responses, where each response of the plurality of responses indicates whether user input has been received at the portable device.
A method is also provided and includes: (i) establishing, with a communication gateway in a vehicle, a wireless communication connection with a portable device; (ii) detecting objects surrounding the vehicle with a plurality of object sensors; (iii) identifying at least one parking space based on data received from the plurality of object sensors; (iv) displaying the at least one parking space on a display of the vehicle; (v) receiving approval of the parking space; (vi) determining a movement trajectory for the vehicle based on a location of the parking space; (vii) transmitting a vehicle maneuver request to the portable device; (viii) receiving a plurality of responses from the portable device in response to transmitting the vehicle maneuver request and prior to transmitting a next vehicle maneuver request; (ix) maneuvering the vehicle based on the plurality of object sensors, the plurality of responses and the movement trajectory; and (x) transmitting using the portable device, in response to receiving the vehicle maneuver request, the plurality of responses, where each response of the plurality of responses indicates whether user input has been received at the portable device.”
Para [0034] “FIG. 6-7 illustrate a message flow diagram between the REPA module 27 and the portable device 10 communicating via BLE communication. With reference to FIG. 6, the REPA module 27 sends a vehicle maneuver request 1050A1, through the communication gateway 29, to the portable device 10 to confirm the continuous movement gesture 63. The portable device 10, in response to receiving the vehicle maneuver request 1050A1, transmits a first response 105061-1 back to the REPA module 27 indicating whether user input such as the continuous movement gesture 63 was received. This process is repeated in a loop until the vehicle 30 has reached the parking space 66 or the vehicle 30 has been maneuvered out of the parking space 66. Due to signal processing constraints such as latency in transmitting, receiving, and processing signals, the total response time may be higher than what is desirable. The present disclosure provides additional features to traditional REPA systems 1, in that, the REPA module 27 is able to confirm the continuous movement gesture 63 at a faster rate than was previously possible.”
Para [0035] “As discussed above, the REPA system 1 maneuvers the vehicle 30 in the parking space 66 under the supervision of the driver of the vehicle 30 as verified by the continuous movement gesture 63 performed on the portable device 10. The REPA module 27 may indicate in the vehicle maneuver request 1050A1 that a plurality of responses 1050B1-1-1050B1-3 are requested from the portable device 10 in response to the portable device 10 receiving the vehicle maneuver request 1050A1. The plurality of responses 105081-1-105081-3 indicate whether user input such as the continuous movement gesture 63 is being received at the portable device 10. In this manner, the REPA system 1 is able to confirm that the continuous movement gesture 63 is being performed on the portable device 10 at a faster rate than was previously possible. For example, the vehicle maneuver request 1050A1 may indicate that three responses are requested from the portable device 10 for each vehicle maneuver request 1050A1 received, as shown in FIG. 7. The vehicle maneuver request 1050A1 may be transmitted to the portable device 10 once every predetermined period while the REPA system 1 is maneuvering the vehicle. For example, the predetermined period may be set to 125 milliseconds (ms). In another example, the predetermined period may be set to 250 ms. While the examples of 125 ms and 250 ms are provided, the predetermined period may be set to any suitable time period. In addition, the vehicle maneuver request 1050A1 may include timing constraints for transmission of the responses 105061-1-1005131-3. For example, the vehicle maneuverer request 1050A1, may also contain instructions for the portable device 10 to wait for a predetermined period before transmitting each response 1050131-1-1050131-3. For example, the predetermined period may be set to 30 ms. In another example, the predetermined period may be set to 45 ms. While the examples of 30 ms and 45 ms are provided, the predetermined period may be set to any suitable time period.”
}
Golsch does not teach wherein each of the challenge request signals includes instructions to a user describing a plurality of steps to perform via the mobile smart device in order to provide a valid response and continue execution of operations of the SPAA, and wherein the instructions include step-by-step instructions for different responses to be provided by the user via the mobile smart device in a predetermined order for execution of operations of the SPAA to continue;
and
indicating a challenge request to a user of the mobile smart device
And
acting without validation
However Golgiri teaches wherein each of the challenge request signals includes instructions to a user describing a plurality of steps to perform via the mobile smart device in order to provide a valid response and continue execution of operations of the SPAA, and wherein the instructions include step-by-step instructions for different responses to be provided by the user via the mobile smart device in a predetermined order for execution of operations of the SPAA to continue;
{fig. 4 and para [0085] “FIG. 6 illustrates the mobile device 120 after the initialization step and selection of the connected vehicle. The mobile device 120 may the HMI 505 to output an instruction 605 indicative of a user action to orient the mobile device 120. For example, the instruction 605 can, when followed, cause the user 140 to direct the mobile device 120 to a functional orientation with respect to the vehicle 105. One example instruction 605, “Direct Mobile Device Toward Vehicle” is illustrated as an example.”
para [0098-0099] “FIG. 10 illustrates a side view of the mobile device 120 pointed with a mobile device heading 1005 toward the sky and likely at too high of an angle to properly to show active user engagement as illustrated. The heading angle sensory information may be indicative of a mobile device heading 1005 (and the absolute heading angle 1015). The vehicle 105 may check that the mobile device 120 is oriented approximately in the correct plane, as demonstrated by the mobile device heading 1005. The mobile device heading 1005 describes an absolute heading angle 1015 from the mobile device heading 1005 to the surface of the ground 1010. For example, the back face or front face of the mobile device 120 is not facing the ground 1010, or the sky 1020.
At step 430, the mobile device 120 may transmit sensor information and a button press status indicative that the user 140 is actively actuating a Human Machine Interface (HMI) element indicative of user attention to the remote parking maneuver. FIG. 12 illustrates the user 140 receiving an instruction 1200 via the mobile device 120 for operating the system 107, in accordance with embodiments of the present disclosure. As illustrated in FIG. 11, the instructions may cause the user 140 to press and hold an HMI element such as a button 1105, or other user engagement mechanism. The instruction may include, for example, instructions for pressing and holding a button 1105. The system 107 may cause output of a user message 1100 indicating one or more actions needed for the remote park assist operation.”
Where first an instruction to point the device at the vehicle is provided followed by an instruction to press the onscreen button after the first step is completed.
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Golsch to incorporate the teachings of Golgiri to provide multi step instructions to the user that the user has to follow in order because it ensures the user is paying attention (para[0099] “At step 430, the mobile device 120 may transmit sensor information and a button press status indicative that the user 140 is actively actuating a Human Machine Interface (HMI) element indicative of user attention to the remote parking maneuver. FIG. 12 illustrates the user 140 receiving an instruction 1200 via the mobile device 120 for operating the system 107, in accordance with embodiments of the present disclosure. As illustrated in FIG. 11, the instructions may cause the user 140 to press and hold an HMI element such as a button 1105, or other user engagement mechanism. The instruction may include, for example, instructions for pressing and holding a button 1105. The system 107 may cause output of a user message 1100 indicating one or more actions needed for the remote park assist operation.” And para [0102] “At step 445, the vehicle determines that mobile device 120 is oriented in a correct plane. FIG. 12 illustrates a vehicle image 1205 appearing on an HMI 505. The vehicle image 1205 shown may exceed a minimum threshold for relative bearing with respect to the mobile device 120, because the vehicle image 1205 does not indicate that the mobile device 120 has a bearing that directs to an optimal location that indicates full user attention to the remote park operation. Accordingly, the HMI 505 may output an messages 1215, and/or an animation or icon indicative of a user instruction for orienting the mobile device 1220. The mobile device 120 may be pointed in a direction that leads away from a co-planar (with respect to the ground) view of the vehicle 105 (shown as the vehicle image 1205 in FIG. 12). The HMI 505 may output one or more messages 1215 such as, for example “Tilt Phone Up Toward Vehicle”.”)
Golsch in view of Golgiri does not teach, indicating a challenge request to a user of the mobile smart device
And
acting without validation
However, Lavoie teaches indicating a challenge request to a user of the mobile smart device
{Fig. 6 and Para [0096] “FIG. 6 illustrates switching from an orbital motion engagement interface to an AR engagement user interface, in accordance with embodiments of the present disclosure. In another aspect, the HMI quick switch system 107 may include a third option for quickly switching between control modes. Starting with the same concept of the user 140 beginning a remote vehicle function, before presenting any additional screens to the user 140, the application 135 may cause the processor 121 to evaluate mobile device camera sensors 124 data, and determine one or more control options to be made available to the user 140.”
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Golsch in view of Golgiri to incorporate the teachings of Lavoie to indicating a challenge request to a user of the mobile smart device because it ensures that the user is maintaining the required level of awareness of the remote parking para [0099] “Based on operational expectations of the mobile device 120 orientation and attitude, if either change during operational use, or do not fall within the guidelines of expected states respective to a particular orientation, the processor 121 may determine if the user 140 has lost focus/awareness and is presenting a “lack of intent” that may be less than adequate for operation of the RePA procedure. Responsive to determining that the user is performing one or more actions that show intent to perform the parking maneuver, and those one or more actions indicate adequate user attention to the task at hand (e.g., the user 140 maintains a threshold level of engagement), the processor 121 may cause one or more vehicle controllers to automatically maneuver the vehicle 105 responsive to determining that the user maintains the threshold level of engagement.”
Golsch in view of Golgiri and Lavoie does not teach, acting without validation
However, Stahlin teaches acting without validation
{Para [0008] “It is the object of the present invention, therefore, for avoiding a reaction delay time, in the case of detection of an environmental situation exhibiting a risk of collision, without validation of the environmental situation, to immediately perform an intervention in the vehicle control without creating a hazard for the surrounding traffic, as a result.”
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Golsch in view of Golgiri and Lavoie to incorporate the teachings of Stahlin to not validate because it would reduce delay in reaction time Para [0008] “It is the object of the present invention, therefore, for avoiding a reaction delay time, in the case of detection of an environmental situation exhibiting a risk of collision, without validation of the environmental situation, to immediately perform an intervention in the vehicle control without creating a hazard for the surrounding traffic, as a result.”
Regarding Claim 12, Golsch in view of Golgiri, Lavoie, and Stahlin teaches The mobile smart device of claim 11,
Golsch teaches wherein the control module is configured to, prior to performing the iterative transfer process: receive another challenge request signal from the vehicle requesting confirmation to execute the SPAA;
{Para [0018-0019] “A system is provided that includes: a communication gateway in a vehicle configured to establish a wireless communication connection with a portable device. The system also includes a plurality of object sensors that detects objects surrounding the vehicle. The system also includes a remote park assist system configured to (i) identify at least one parking space based on data received from the plurality of object sensors; (ii) display the at least one parking space on a display of the vehicle; (iii) receive approval of the parking space; (iv) determine a movement trajectory for the vehicle based on a location of the parking space; (v) transmit a vehicle maneuver request to the portable device; (vi) receive a plurality of responses from the portable device in response to transmitting the vehicle maneuver request and prior to transmitting a next vehicle maneuver request; and (vii) maneuver the vehicle based on the plurality of object sensors, the plurality of responses, and the movement trajectory. The system also includes the portable device, in response to receiving a request from the remote park assist system, is configured to transmit the plurality of responses, where each response of the plurality of responses indicates whether user input has been received at the portable device.
A method is also provided and includes: (i) establishing, with a communication gateway in a vehicle, a wireless communication connection with a portable device; (ii) detecting objects surrounding the vehicle with a plurality of object sensors; (iii) identifying at least one parking space based on data received from the plurality of object sensors; (iv) displaying the at least one parking space on a display of the vehicle; (v) receiving approval of the parking space; (vi) determining a movement trajectory for the vehicle based on a location of the parking space; (vii) transmitting a vehicle maneuver request to the portable device; (viii) receiving a plurality of responses from the portable device in response to transmitting the vehicle maneuver request and prior to transmitting a next vehicle maneuver request; (ix) maneuvering the vehicle based on the plurality of object sensors, the plurality of responses and the movement trajectory; and (x) transmitting using the portable device, in response to receiving the vehicle maneuver request, the plurality of responses, where each response of the plurality of responses indicates whether user input has been received at the portable device.”
Para [0034] “FIG. 6-7 illustrate a message flow diagram between the REPA module 27 and the portable device 10 communicating via BLE communication. With reference to FIG. 6, the REPA module 27 sends a vehicle maneuver request 1050A1, through the communication gateway 29, to the portable device 10 to confirm the continuous movement gesture 63. The portable device 10, in response to receiving the vehicle maneuver request 1050A1, transmits a first response 105061-1 back to the REPA module 27 indicating whether user input such as the continuous movement gesture 63 was received. This process is repeated in a loop until the vehicle 30 has reached the parking space 66 or the vehicle 30 has been maneuvered out of the parking space 66. Due to signal processing constraints such as latency in transmitting, receiving, and processing signals, the total response time may be higher than what is desirable. The present disclosure provides additional features to traditional REPA systems 1, in that, the REPA module 27 is able to confirm the continuous movement gesture 63 at a faster rate than was previously possible.”
Fig. 8 and Para [0035] “As discussed above, the REPA system 1 maneuvers the vehicle 30 in the parking space 66 under the supervision of the driver of the vehicle 30 as verified by the continuous movement gesture 63 performed on the portable device 10. The REPA module 27 may indicate in the vehicle maneuver request 1050A1 that a plurality of responses 1050B1-1-1050B1-3 are requested from the portable device 10 in response to the portable device 10 receiving the vehicle maneuver request 1050A1. The plurality of responses 105081-1-105081-3 indicate whether user input such as the continuous movement gesture 63 is being received at the portable device 10. In this manner, the REPA system 1 is able to confirm that the continuous movement gesture 63 is being performed on the portable device 10 at a faster rate than was previously possible. For example, the vehicle maneuver request 1050A1 may indicate that three responses are requested from the portable device 10 for each vehicle maneuver request 1050A1 received, as shown in FIG. 7. The vehicle maneuver request 1050A1 may be transmitted to the portable device 10 once every predetermined period while the REPA system 1 is maneuvering the vehicle. For example, the predetermined period may be set to 125 milliseconds (ms). In another example, the predetermined period may be set to 250 ms. While the examples of 125 ms and 250 ms are provided, the predetermined period may be set to any suitable time period. In addition, the vehicle maneuver request 1050A1 may include timing constraints for transmission of the responses 105061-1-1005131-3. For example, the vehicle maneuverer request 1050A1, may also contain instructions for the portable device 10 to wait for a predetermined period before transmitting each response 1050131-1-1050131-3. For example, the predetermined period may be set to 30 ms. In another example, the predetermined period may be set to 45 ms. While the examples of 30 ms and 45 ms are provided, the predetermined period may be set to any suitable time period.”
}
Lavoie teaches based on the another challenge request signal requesting confirmation to execute the SPAA, indicate a challenge request to the user;
{fig. 6 and Para [0096] “FIG. 6 illustrates switching from an orbital motion engagement interface to an AR engagement user interface, in accordance with embodiments of the present disclosure. In another aspect, the HMI quick switch system 107 may include a third option for quickly switching between control modes. Starting with the same concept of the user 140 beginning a remote vehicle function, before presenting any additional screens to the user 140, the application 135 may cause the processor 121 to evaluate mobile device camera sensors 124 data, and determine one or more control options to be made available to the user 140.”
}
Stahlin teaches acting without validation
{Para [0008] “It is the object of the present invention, therefore, for avoiding a reaction delay time, in the case of detection of an environmental situation exhibiting a risk of collision, without validation of the environmental situation, to immediately perform an intervention in the vehicle control without creating a hazard for the surrounding traffic, as a result.”
}
Regarding Claim 13, Golsch in view of Golgiri, Lavoie, and Stahlin teaches The mobile smart device of claim 11,
Golsch teaches The mobile smart device of claim 11, further comprising sensors for detecting the user responses to the challenge requests, wherein the sensors are configured to detect at least one of physical actions taken by the user to provide the user response, audible actions taken by the user to provide the user response, and input responses provided by the user to provide the user response.
{Para [0033] “The REPA system 1 may also require user input such as a continuous movement gesture 63 on a touch screen display of the portable device 10 to ensure that the driver is attentive and watching over the vehicle 30 as the REPA system 1 maneuvers the vehicle 30. For example, the driver may be required to perform the continuous movement gesture 63 such as move a finger in a circular direction on the display of the portable device 10 throughout the automated parking process. In response to the REPA system 1 detecting that the driver has ceased the continuous movement gesture 63, the REPA system 1 may stop the vehicle 30. In this manner the driver is held responsible for the vehicle 30. Furthermore, if the application software 12 on the portable device 10 crashes, the REPA system 1 may stop maneuvering the vehicle 30.”
}
Regarding Claim 14, Golsch in view of Golgiri, Lavoie, and Stahlin teaches The mobile smart device of claim 11,
Golsch teaches Wherein the control module is configured to, prior to performing the iterative transfer process: receive a confirmation request signal from the vehicle requesting confirmation to execute the SPAA;
{Para [0018-0019] “A system is provided that includes: a communication gateway in a vehicle configured to establish a wireless communication connection with a portable device. The system also includes a plurality of object sensors that detects objects surrounding the vehicle. The system also includes a remote park assist system configured to (i) identify at least one parking space based on data received from the plurality of object sensors; (ii) display the at least one parking space on a display of the vehicle; (iii) receive approval of the parking space; (iv) determine a movement trajectory for the vehicle based on a location of the parking space; (v) transmit a vehicle maneuver request to the portable device; (vi) receive a plurality of responses from the portable device in response to transmitting the vehicle maneuver request and prior to transmitting a next vehicle maneuver request; and (vii) maneuver the vehicle based on the plurality of object sensors, the plurality of responses, and the movement trajectory. The system also includes the portable device, in response to receiving a request from the remote park assist system, is configured to transmit the plurality of responses, where each response of the plurality of responses indicates whether user input has been received at the portable device.
A method is also provided and includes: (i) establishing, with a communication gateway in a vehicle, a wireless communication connection with a portable device; (ii) detecting objects surrounding the vehicle with a plurality of object sensors; (iii) identifying at least one parking space based on data received from the plurality of object sensors; (iv) displaying the at least one parking space on a display of the vehicle; (v) receiving approval of the parking space; (vi) determining a movement trajectory for the vehicle based on a location of the parking space; (vii) transmitting a vehicle maneuver request to the portable device; (viii) receiving a plurality of responses from the portable device in response to transmitting the vehicle maneuver request and prior to transmitting a next vehicle maneuver request; (ix) maneuvering the vehicle based on the plurality of object sensors, the plurality of responses and the movement trajectory; and (x) transmitting using the portable device, in response to receiving the vehicle maneuver request, the plurality of responses, where each response of the plurality of responses indicates whether user input has been received at the portable device.”
Para [0034] “FIG. 6-7 illustrate a message flow diagram between the REPA module 27 and the portable device 10 communicating via BLE communication. With reference to FIG. 6, the REPA module 27 sends a vehicle maneuver request 1050A1, through the communication gateway 29, to the portable device 10 to confirm the continuous movement gesture 63. The portable device 10, in response to receiving the vehicle maneuver request 1050A1, transmits a first response 105061-1 back to the REPA module 27 indicating whether user input such as the continuous movement gesture 63 was received. This process is repeated in a loop until the vehicle 30 has reached the parking space 66 or the vehicle 30 has been maneuvered out of the parking space 66. Due to signal processing constraints such as latency in transmitting, receiving, and processing signals, the total response time may be higher than what is desirable. The present disclosure provides additional features to traditional REPA systems 1, in that, the REPA module 27 is able to confirm the continuous movement gesture 63 at a faster rate than was previously possible.”
Fig. 8 and Para [0035] “As discussed above, the REPA system 1 maneuvers the vehicle 30 in the parking space 66 under the supervision of the driver of the vehicle 30 as verified by the continuous movement gesture 63 performed on the portable device 10. The REPA module 27 may indicate in the vehicle maneuver request 1050A1 that a plurality of responses 1050B1-1-1050B1-3 are requested from the portable device 10 in response to the portable device 10 receiving the vehicle maneuver request 1050A1. The plurality of responses 105081-1-105081-3 indicate whether user input such as the continuous movement gesture 63 is being received at the portable device 10. In this manner, the REPA system 1 is able to confirm that the continuous movement gesture 63 is being performed on the portable device 10 at a faster rate than was previously possible. For example, the vehicle maneuver request 1050A1 may indicate that three responses are requested from the portable device 10 for each vehicle maneuver request 1050A1 received, as shown in FIG. 7. The vehicle maneuver request 1050A1 may be transmitted to the portable device 10 once every predetermined period while the REPA system 1 is maneuvering the vehicle. For example, the predetermined period may be set to 125 milliseconds (ms). In another example, the predetermined period may be set to 250 ms. While the examples of 125 ms and 250 ms are provided, the predetermined period may be set to any suitable time period. In addition, the vehicle maneuver request 1050A1 may include timing constraints for transmission of the responses 105061-1-1005131-3. For example, the vehicle maneuverer request 1050A1, may also contain instructions for the portable device 10 to wait for a predetermined period before transmitting each response 1050131-1-1050131-3. For example, the predetermined period may be set to 30 ms. In another example, the predetermined period may be set to 45 ms. While the examples of 30 ms and 45 ms are provided, the predetermined period may be set to any suitable time period.”
}
Lavoie teaches based on the confirmation request signal requesting confirmation to execute the SPAA, request confirmation from the user to execute the SPAA;
{fig. 6 and Para [0096] “FIG. 6 illustrates switching from an orbital motion engagement interface to an AR engagement user interface, in accordance with embodiments of the present disclosure. In another aspect, the HMI quick switch system 107 may include a third option for quickly switching between control modes. Starting with the same concept of the user 140 beginning a remote vehicle function, before presenting any additional screens to the user 140, the application 135 may cause the processor 121 to evaluate mobile device camera sensors 124 data, and determine one or more control options to be made available to the user 140.”
}
Claim(s) 15-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Golsch (US 20190302759 A1) in view of Van Wiemeersch et al. (US 20220229432 A1; hereinafter known as Van Wiemeersch) Golgiri et al. (US 20230159019 A1, hereinafter known as Golgiri).
Regarding claim 15, Golsch teaches A user presence control method comprising: receiving an input from a user within a vehicle to initiate a supervised remote mode for user presence control during execution of a supervised partially autonomous application (SPAA);
{Para [0023] “With reference to FIGS. 1 and 2, an example vehicle with a REPA system 1 is provided within a vehicle 30 and includes a communication gateway 29, at least a plurality of BLE sensors 31A-31F, referred to collectively as 31, and at least a plurality of object sensors 34A-34J, referred to collectively as 34. The REPA system 1 includes one or more vehicle modules 20 that are distributed throughout the vehicle 30 and are able to communicate with each other through, for example, a vehicle interface 45. In addition, some of the modules may be integrated into a single ECU or are able to communicate with each other using the vehicle interface 45. The vehicle interface 45, for example, may include a controller area network (CAN) bus for communication between main modules and/or lower data rate communication such as local interconnect network (LIN) for communication between the plurality of BLE sensors 31. The vehicle interface 45 can also include a clock extension peripheral interface (CXPI) bus. Additionally or alternatively, the vehicle interface 45 can include a combination of CAN bus, LIN, and CXPI bus communication interfaces. The structure of the BLE sensors 31 are discussed in further detail below with reference to FIG. 3.”
Para [0025] “The vehicle module 20 can also include a transmission module 35 that controls operation of a transmission of the vehicle 30. For example, the transmission module 35 may transition the car from drive to park. The vehicle module 20 can also include a steering module 36. The steering module 36 controls a steering wheel of the vehicle which controls the wheels of the vehicle 30. The vehicle modules 20 can also include a brake module 37. The brake module 37 controls the brakes of the vehicle 30.”
Para [0026] “The vehicle modules 20 can also include a REPA module 27. The REPA module 27 is configured to receive information from the plurality of object sensors 34 in order to define a potential parking space. The REPA module 27 determines a movement trajectory for the vehicle based on the location of the parking space including determining various vehicle parameters related to one or more brakes, the transmission, the engine, or the steering system in order to maneuver the vehicle 30 into the parking space or out of the parking space. The REPA module 27 communicates with the portable device 10 through the communication gateway 29. As described in more detail in FIGS. 6-10, automated control of the vehicle 30 is conditioned on receiving continuous user input to the portable device 10. The REPA module 27 is also configured to gather location information from the plurality of BLE sensors and/or the localization module in order to determine if the portable device 10 is within a predetermined distance from the vehicle 30.”
}
and until SPAA operations are ceased or completed, to perform a user presence process including iteratively i) request signal from the vehicle to a mobile smart device via a transceiver, iii) based on the challenge request signal, receiving a response signal from the mobile smart device at the vehicle indicating a user response provided to the mobile smart device, iv) based on the response signal, confirm user presence and whether the user response is valid for continued execution of operations of the SPAA, and iv) based on validation of the user response, perform a next operation of the SPAA,
{Para [0018-0019] “A system is provided that includes: a communication gateway in a vehicle configured to establish a wireless communication connection with a portable device. The system also includes a plurality of object sensors that detects objects surrounding the vehicle. The system also includes a remote park assist system configured to (i) identify at least one parking space based on data received from the plurality of object sensors; (ii) display the at least one parking space on a display of the vehicle; (iii) receive approval of the parking space; (iv) determine a movement trajectory for the vehicle based on a location of the parking space; (v) transmit a vehicle maneuver request to the portable device; (vi) receive a plurality of responses from the portable device in response to transmitting the vehicle maneuver request and prior to transmitting a next vehicle maneuver request; and (vii) maneuver the vehicle based on the plurality of object sensors, the plurality of responses, and the movement trajectory. The system also includes the portable device, in response to receiving a request from the remote park assist system, is configured to transmit the plurality of responses, where each response of the plurality of responses indicates whether user input has been received at the portable device.
A method is also provided and includes: (i) establishing, with a communication gateway in a vehicle, a wireless communication connection with a portable device; (ii) detecting objects surrounding the vehicle with a plurality of object sensors; (iii) identifying at least one parking space based on data received from the plurality of object sensors; (iv) displaying the at least one parking space on a display of the vehicle; (v) receiving approval of the parking space; (vi) determining a movement trajectory for the vehicle based on a location of the parking space; (vii) transmitting a vehicle maneuver request to the portable device; (viii) receiving a plurality of responses from the portable device in response to transmitting the vehicle maneuver request and prior to transmitting a next vehicle maneuver request; (ix) maneuvering the vehicle based on the plurality of object sensors, the plurality of responses and the movement trajectory; and (x) transmitting using the portable device, in response to receiving the vehicle maneuver request, the plurality of responses, where each response of the plurality of responses indicates whether user input has been received at the portable device.”
Para [0034] “FIG. 6-7 illustrate a message flow diagram between the REPA module 27 and the portable device 10 communicating via BLE communication. With reference to FIG. 6, the REPA module 27 sends a vehicle maneuver request 1050A1, through the communication gateway 29, to the portable device 10 to confirm the continuous movement gesture 63. The portable device 10, in response to receiving the vehicle maneuver request 1050A1, transmits a first response 105061-1 back to the REPA module 27 indicating whether user input such as the continuous movement gesture 63 was received. This process is repeated in a loop until the vehicle 30 has reached the parking space 66 or the vehicle 30 has been maneuvered out of the parking space 66. Due to signal processing constraints such as latency in transmitting, receiving, and processing signals, the total response time may be higher than what is desirable. The present disclosure provides additional features to traditional REPA systems 1, in that, the REPA module 27 is able to confirm the continuous movement gesture 63 at a faster rate than was previously possible.”
Para [0035] “As discussed above, the REPA system 1 maneuvers the vehicle 30 in the parking space 66 under the supervision of the driver of the vehicle 30 as verified by the continuous movement gesture 63 performed on the portable device 10. The REPA module 27 may indicate in the vehicle maneuver request 1050A1 that a plurality of responses 1050B1-1-1050B1-3 are requested from the portable device 10 in response to the portable device 10 receiving the vehicle maneuver request 1050A1. The plurality of responses 105081-1-105081-3 indicate whether user input such as the continuous movement gesture 63 is being received at the portable device 10. In this manner, the REPA system 1 is able to confirm that the continuous movement gesture 63 is being performed on the portable device 10 at a faster rate than was previously possible. For example, the vehicle maneuver request 1050A1 may indicate that three responses are requested from the portable device 10 for each vehicle maneuver request 1050A1 received, as shown in FIG. 7. The vehicle maneuver request 1050A1 may be transmitted to the portable device 10 once every predetermined period while the REPA system 1 is maneuvering the vehicle. For example, the predetermined period may be set to 125 milliseconds (ms). In another example, the predetermined period may be set to 250 ms. While the examples of 125 ms and 250 ms are provided, the predetermined period may be set to any suitable time period. In addition, the vehicle maneuver request 1050A1 may include timing constraints for transmission of the responses 105061-1-1005131-3. For example, the vehicle maneuverer request 1050A1, may also contain instructions for the portable device 10 to wait for a predetermined period before transmitting each response 1050131-1-1050131-3. For example, the predetermined period may be set to 30 ms. In another example, the predetermined period may be set to 45 ms. While the examples of 30 ms and 45 ms are provided, the predetermined period may be set to any suitable time period.”
}
Golsch does not teach turning on one of a plurality of lights of the vehicle, and wherein the challenge request signal includes an instruction to the user to identify which one of the plurality of lights of the vehicle is lit up by touching an image of that light on a screen of the mobile smart device, which is displaying an image of the vehicle including the plurality of lights, in order to provide a valid response and continue execution of operations of the SPAA.
However Van Wiemeersch teaches turning on one of a plurality of lights of the vehicle, and wherein the challenge request signal includes an instruction to the user to identify which one of the plurality of lights of the vehicle is lit up by touching an image
{para [0066] “By way of an overview, the process may begin by selecting ReDAT in the ReDAT application 135 (which may be, for example, a FordPass® app installed on their mobile device 120). After instantiated responsive to launching (e.g., executing), the ReDAT application 135 may ask the user to select the vehicle if multiple vehicles associated with the app are within a valid range. Next, the vehicle will turn on its lights and the app will ask the user 140 to select a parking maneuver. Once the user selects the parking maneuver, the app will ask the user 140 to aim the mobile device 120 at one or more of the vehicle lights (e.g., a head lamp or tail lamp). The ReDAT application 135 may also ask the user 140 to touch a particular location or locations on the touchscreen to launch the ReDAT parking maneuver and commence vehicle motion. This step may ensure that the user is adequately engaged with the vehicle operation, and is not distracted from the task at hand. The vehicle 105 may flash the exterior lights with a pattern that identifies the vehicle to the phone, prior to engaging in the ReDAT parking maneuver, and during the ReDAT parking maneuver. The mobile device and the vehicle may output various outputs to signal tethered vehicle tracking during the maneuver.”
By pointing the phone at the vehicle as the lights produce a pattern it can be said that the user is identifying the lights.
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Golsch to incorporate the teachings of Van Weimeersch to identify the vehicle and complete a challenge request signal through its lights because it ensures the user is paying attention and aware of the vehicle location as discussed in para [0066] of Van Weimeersch.
Golsch in view of Van Wiemeersch does not teach selecting by touching an image
However Golgiri teaches wherein the challenge request signal includes an instruction to the user to identify which one of the plurality of objects by touching an image of that object on a screen of the mobile smart device, which is displaying an image of the vehicle including the plurality of lights, in order to provide a valid response and continue execution of operations of the SPAA.
{Fig. 4 and para [0084] “With reference to FIG. 5, the user 140 is illustrated performing a control action that includes selecting an icon or image 510 of the vehicle to be controlled using the system 107. In the example of FIG. 5, the user 140 has controlled or owns two vehicles represented by an icon group 507.”
Para [0086] “With reference to FIG. 4, at step 410, the mobile device 120 may connect to the vehicle 105 (step 410). Responsive to the user vehicle selection, the mobile device 120 may connect to the vehicle 105 over BLE and/or UWB, among other suitable technologies.”
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Golsch in view of Van Weimeersch to incorporate the teachings of Golgiri to touch the screen as part of the instruction to enable execution of operations of SPAA because it ensures that the correct vehicle is being controlled. (para [0084] “With reference to FIG. 5, the user 140 is illustrated performing a control action that includes selecting an icon or image 510 of the vehicle to be controlled using the system 107. In the example of FIG. 5, the user 140 has controlled or owns two vehicles represented by an icon group 507.”)
Regarding claim 16, it recites a method having limitations similar to those of claim 2 and therefore is rejected on the same basis.
Regarding claim 18, it recites a method having limitations similar to those of claim 4 and therefore is rejected on the same basis.
Claim(s) 22 is rejected under 35 U.S.C. 103 as being unpatentable over Golsch (US 20190302759 A1) in view of Golgiri et al. (US 20230159019 A1, hereinafter known as Golgiri) and Matuk et al. (US 20200122716 A1, hereinafter known as Matuk).
Regarding Claim 22, Golsh in view of Golgiri teaches The vehicle system of claim 1. Golgiri teaches a user finger touching circular object on screen
{Fig. 11 shows user pressing a circular button for presence confirmation
}
Golsch in view of Golgiri does not teach, wherein the instructions include requesting the user to slide a finger from a first circle to a second circle on a screen of the mobile smart device, and then to slide the finger from the second circle to a third circle on the screen of the mobile smart device.
However, Matuk teaches wherein the instructions include requesting the user to slide a finger from a first circle to a second circle on a screen of the mobile smart device, and then to slide the finger from the second circle to a third circle on the screen of the mobile smart device.
{Para [0026] “In operation, the mobile device 108 presents an interface (e.g., an interface 202 of FIG. 2, an interface 302 of FIG. , an interface 402 of FIG. 4, an interface 502, of FIG. 5, an interface 602 of FIG. 6) of a mobile app (e.g., an app 708 of FIG. 7) for the remote park-assist system via a touchscreen (e.g., a touchscreen 200 of FIGS. 2-7). Further, the mobile device 108 sends an initiation signal to the communication module 106 of the vehicle 100 while the interface of the mobile app receives a predefined combination of inputs from the user 110 via the touchscreen. In some examples, the mobile device 108 sends the initiation signal while the interface simultaneously receives a continuous stationary input (e.g., a continuous pressing of a digital pushbutton) and a dynamic input sequence (e.g., a tapping of a digital pushbutton at a predefined frequency, a continuous motion along a track). In some examples, the mobile device 108 sends the initiation signal while the interface simultaneously receives a plurality of continuous stationary inputs (e.g., continuous pressing of digital pushbuttons). In some examples, the mobile device 108 sends the initiation signal while the interface receives a continuous stationary input (e.g., a continuous pressing of a digital pushbutton) after a dynamic input sequence (e.g., an uninterrupted motion along a predefined path) is received.”
Para [0047] “] FIG. 6 depicts another example interface 602 of the mobile app for the remote park-assist system. As illustrated in FIG. 6, the interface 602 includes the pushbutton 204 (e.g., a first pushbutton), the input pad 206, and the pushbutton 504 (e.g., a second pushbutton). The pushbutton 204 is configured for receiving a continuous stationary input. The input pad 206 is a track that extends between the pushbutton 504 and the pushbutton 204 and is configured for receiving a dynamic input sequence. In the illustrated example, the dynamic input sequence is a sliding motion along a path defined by the input pad 206. Further, in the illustrated example, the track of the input pad 206 includes predefined turn(s), bend(s), and/or other change(s) in direction that the user 110 is to trace to provide the dynamic input sequence. The pushbutton 504 is configured to receive an initial input from the user 110.”
Matuk simply does not teach the point at which the finger slides to/through are circles. However this can be considered design choice and the use of touch circles is regardless taught by Golgiri.
}
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Golsch in view of Golgiri to incorporate the teachings of Matuk to have the have a dynamic pattern drawn by the users finger because more complicated user presence operations such as a dynamic pattern ensure that a user is focusing.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER MATTA whose telephone number is (571)272-4296. The examiner can normally be reached Mon - Fri 10:00-6:00.
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/A.G.M./Examiner, Art Unit 3668
/JAMES J LEE/Supervisory Patent Examiner, Art Unit 3668