DETAILED ACTION
Summary
This Office Action is in response to reply dated January 12, 2026. Claims 1-4, 7-13 and 15-23 are currently pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3, 4, 8, 10, 13, 15, 17, 19 and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2015/0161836 A1) in view of Paradis (US 2023/0356694 A1).
Regarding claim 1, Park discloses a method (see at least Figures 1A-1B, item 100 | [0002] note a vehicle control apparatus and a control method), comprising:
identifying, using processing circuitry, a presence of a user proximate to a vehicle (see at least Figures 1A-1B, items 110, 130, 131 and 170 | [0044] note the vehicle control apparatus (100) includes at least a controller (110) and sensing unit (130) | [0045-0046] note the sensing unit (130) includes at least an accelerometer and a short range communication module (131) | [0135] note the controller (110) converts the current state of the vehicle into the wake-up state in a case where a preset external device (170) has approached within a preset distance as detected by the short range communication module (131));
detecting, using the processing circuitry, a gesture input on a region outside of the vehicle based on an accelerometer signal (see at least [0009] note the memory stores a plurality of authentication information corresponding a plurality of users | [0143] note that there may be multiple users that each input their own unique gesture input | [0136] note after the controller (110) converts the current state of the vehicle into the wake-up state, the controller (110) performs user authentication by comparing subsequently-input information with information pre-stored in the memory (140), wherein if the user is an authorized user, the controller (110) releases a locked state of (a door of) the vehicle or automatically starts the vehicle | [0061] note the controller (110) receives authentication information from a user and determines whether the user is an authenticated user or not (based on the authentication information), wherein the authentication information may be a predetermined pattern comprising multiple taps or knocks, that are applied by a user to one portion of an external or internal surface of the vehicle | [0008] note the acceleration sensor (130) senses a rhythmic pattern to control the vehicle based on a determination that the sensed rhythmic pattern matches the stored authentication information | [0102] in order to sense the tap on the vehicle control apparatus, only one among the acceleration sensor and the touch sensor may be used | [0110] note the acceleration sensor (130) senses taps applied to one predetermined portion of the vehicle, that is, one portion of the window of the vehicle or one portion of the window shield, an A-pillar, a B-pillar, a C-pillar, a sunroof, one portion of a vehicle door, or a console box or a gear box in the vehicle, etc. | [0045]); and
in response to detecting two knocks as the gesture input, performing a first vehicle action (see at least [0061-0062] note the user’s knock code could employ two knocks).
However, Park does not specifically disclose in response to detecting three knocks as the gesture input, performing the first vehicle action and a second vehicle action.
It is known to recognize gestures in different ways. For example, Paradis teaches a gesture input system that detects taps and knocks, wherein in response to detecting three knocks as the gesture input, performing the first vehicle action and a second vehicle action (see at least [0011] note when the driver (with a keyfob) knocks on a window, the vehicle may automatically unlock and open the door, such as three knocks unlocks and opens the door | [0028] note a sequence of predetermined actions may be required to cause a vehicle function to occur | [0036] note the database is accessed to identify one or more vehicle functions associated with the predetermined action detected by the sensor data reception module, such as two knocks unlocks the door, and three knocks unlocks and opens the door).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Paradis into Park. This provides the ability to perform one or more specified actions with a specified gesture input, thus allowing a driver to access their vehicle when their hands are full (e.g., carrying packages) without having to start/open/unlock all features of the vehicle (e.g., when they are loading or packing their vehicle) (see [0002] of Paradis).
Regarding claim 3, Park in view of Paradis teach wherein the first vehicle action comprises locking or unlocking a door and the second vehicle action comprises opening or closing a window (see at least [0011] of Paradis, note unlocking a door | [0026] of Paradis, note opening a side window | [0028] of Paradis, note tapping (or knocking) on the side window may cause the window to roll down, and pressing (or knocking) on the door may cause the door to unlock | [0036] of Paradis, note one or more components of the vehicle is caused to unlock or open based the predetermined action that has been performed, such as two knocks lock or unlock a door, and three knocks could comprise opening or closing a window). Note that of Paradis’ user has the ability, free will, to determine what type of gesture input causes a specified vehicle action to be performed.
Regarding claim 4, Park in view of Paradis teach wherein an accelerometer generates the accelerometer signal and is located on or within a door handle of the vehicle (see at least [0099] of Park, note the tap or the tap gesture may be sensed by at least one among an acceleration sensor and a touch sensor that are included in the tap sensing unit (133) | [0152] of Park | [0176-0177] of Park, note the tap sensing unit (133) is formed on knob of a vehicle door | [0179] of Park, note the tap sensing unit (133) may be provided on at least part of an external surface of a vehicle door (e.g., one portion in the vicinity of a door knob of a vehicle door) | [0479] of Park).
Regarding claim 8, Park in view of Paradis teach wherein the first and second vehicle actions each comprise at least one of locking or unlocking a single door, locking or unlocking all doors, opening or closing a window, opening or closing a vehicle enclosure, activating or deactivating a guard mode, activating or deactivating alarm monitoring, or triggering an alarm (see at least [0011] of Paradis, note unlocking and/or opening a door | [0026] of Paradis, note opening a side window | [0028] of Paradis, note tapping (or knocking) on the side window may cause the window to roll down, and pressing (or knocking) on the door may cause the door to unlock | [0036] of Paradis, note one or more components of the vehicle is caused to unlock or open based the predetermined action that has been performed, such as two knocks lock or unlock a door, and three knocks could comprise opening or closing a door). Note that of Paradis’ user has the ability, free will, to determine what type of gesture input causes a specified vehicle action to be performed.
Regarding claim 10, Park discloses a vehicle (see at least Figures 1A-1B, item 100 | [0002] note a vehicle control apparatus and a control method), comprising:
an accelerometer configured to generate an accelerometer signal (see at least [0008] | [0045]); and
processing circuitry (see at least Figure 1A, item 110 | [0044]), wherein the processing circuitry is configured to:
identify a presence of a user proximate to the vehicle (see at least Figures 1A-1B, items 110, 130, 131 and 170 | [0044] note the vehicle control apparatus (100) includes at least a controller (110) and sensing unit (130) | [0045-0046] note the sensing unit (130) includes at least an accelerometer and a short range communication module (131) | [0135] note the controller (110) converts the current state of the vehicle into the wake-up state in a case where a preset external device (170) has approached within a preset distance as detected by the short range communication module (131));
detect, based on the accelerometer signal, a gesture input on a region outside of the vehicle (see at least [0009] note the memory stores a plurality of authentication information corresponding a plurality of users | [0143] note that there may be multiple users that each input their own unique gesture input | [0136] note after the controller (110) converts the current state of the vehicle into the wake-up state, the controller (110) performs user authentication by comparing subsequently-input information with information pre-stored in the memory (140), wherein if the user is an authorized user, the controller (110) releases a locked state of (a door of) the vehicle or automatically starts the vehicle | [0061] note the controller (110) receives authentication information from a user and determines whether the user is an authenticated user or not (based on the authentication information), wherein the authentication information may be a predetermined pattern comprising multiple taps or knocks, that are applied by a user to one portion of an external or internal surface of the vehicle | [0008] note the acceleration sensor (130) senses a rhythmic pattern to control the vehicle based on a determination that the sensed rhythmic pattern matches the stored authentication information | [0102] in order to sense the tap on the vehicle control apparatus, only one among the acceleration sensor and the touch sensor may be used | [0110] note the acceleration sensor (130) senses taps applied to one predetermined portion of the vehicle, that is, one portion of the window of the vehicle or one portion of the window shield, an A-pillar, a B-pillar, a C-pillar, a sunroof, one portion of a vehicle door, or a console box or a gear box in the vehicle, etc. | [0045]), and
in response to detecting two knocks as the gesture input, cause a first vehicle action to be performed (see at least [0061-0062] note the user’s knock code could employ two knocks).
However, Park does not specifically disclose in response to detecting three knocks as the gesture input, cause the first vehicle action and a second vehicle action to be performed.
It is known to recognize gestures in different ways. For example, Paradis teaches a gesture input system that detects taps and knocks, wherein in response to detecting three knocks as the gesture input, cause the first vehicle action and a second vehicle action to be performed (see at least [0011] note when the driver (with a keyfob) knocks on a window, the vehicle may automatically unlock and open the door, such as three knocks unlocks and opens the door | [0028] note a sequence of predetermined actions may be required to cause a vehicle function to occur | [0036] note the database is accessed to identify one or more vehicle functions associated with the predetermined action detected by the sensor data reception module, such as two knocks unlocks the door, and three knocks unlocks and opens the door).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Paradis into Park. This provides the ability to perform one or more specified actions with a specified gesture input, thus allowing a driver to access their vehicle when their hands are full (e.g., carrying packages) without having to start/open/unlock all features of the vehicle (e.g., when they are loading or packing their vehicle) (see [0002] of Paradis).
Regarding claim 13, Park in view of Paradis teach wherein an accelerometer is located on or within a door handle of the vehicle (see at least [0099] of Park, note the tap or the tap gesture may be sensed by at least one among an acceleration sensor and a touch sensor that are included in the tap sensing unit (133) | [0152] of Park | [0176-0177] of Park, note the tap sensing unit (133) is formed on knob of a vehicle door | [0179] of Park, note the tap sensing unit (133) may be provided on at least part of an external surface of a vehicle door (e.g., one portion in the vicinity of a door knob of a vehicle door) | [0479] of Park).
Regarding claim 15, Park in view of Paradis teach a transceiver configured to receive a short-range wireless signal of a user device, wherein the processing circuitry is configured to identify the presence of the user based on a received short-range wireless signal (see at least [0046] of Park | [0135] of Park | [0166] of Park, note receiving | [0169] of Park, note the controller transmits information | [0029] of Paradis).
Regarding claim 17, Park in view of Paradis teach wherein the first and second vehicle actions each comprise at least one of locking or unlocking a single door, locking or unlocking all doors, opening or closing a window, opening or closing a vehicle enclosure, activating or deactivating a guard mode, activating or deactivating alarm monitoring, or triggering an alarm (see at least [0011] of Paradis, note unlocking and/or opening a door | [0026] of Paradis, note opening a side window | [0028] of Paradis, note tapping (or knocking) on the side window may cause the window to roll down, and pressing (or knocking) on the door may cause the door to unlock | [0036] of Paradis, note one or more components of the vehicle is caused to unlock or open based the predetermined action that has been performed, such as two knocks lock or unlock a door, and three knocks could comprise opening or closing a door | [0032-0033] of Paradis). Note that of Paradis’ user has the ability, free will, to determine what type of gesture input causes a specified vehicle action to be performed.
Regarding claim 19, Park discloses a non-transitory computer-readable medium having non-transitory computer-readable instructions encoded thereon that, when executed by a processor (see at least Figures 1A-1B, items 100, 110 and 140 | [0002] | [0044] | [0056]), causes the processor to:
identify a presence of a user proximate to the vehicle (see at least Figures 1A-1B, items 110, 130, 131 and 170 | [0044] note the vehicle control apparatus (100) includes at least a controller (110) and sensing unit (130) | [0045-0046] note the sensing unit (130) includes at least an accelerometer and a short range communication module (131) | [0135] note the controller (110) converts the current state of the vehicle into the wake-up state in a case where a preset external device (170) has approached within a preset distance as detected by the short range communication module (131));
detect a gesture input on a region outside of the vehicle based on an accelerometer signal (see at least [0009] note the memory stores a plurality of authentication information corresponding a plurality of users | [0143] note that there may be multiple users that each input their own unique gesture input | [0136] note after the controller (110) converts the current state of the vehicle into the wake-up state, the controller (110) performs user authentication by comparing subsequently-input information with information pre-stored in the memory (140), wherein if the user is an authorized user, the controller (110) releases a locked state of (a door of) the vehicle or automatically starts the vehicle | [0061] note the controller (110) receives authentication information from a user and determines whether the user is an authenticated user or not (based on the authentication information), wherein the authentication information may be a predetermined pattern comprising multiple taps or knocks, that are applied by a user to one portion of an external or internal surface of the vehicle | [0008] note the acceleration sensor (130) senses a rhythmic pattern to control the vehicle based on a determination that the sensed rhythmic pattern matches the stored authentication information | [0102] in order to sense the tap on the vehicle control apparatus, only one among the acceleration sensor and the touch sensor may be used | [0110] note the acceleration sensor (130) senses taps applied to one predetermined portion of the vehicle, that is, one portion of the window of the vehicle or one portion of the window shield, an A-pillar, a B-pillar, a C-pillar, a sunroof, one portion of a vehicle door, or a console box or a gear box in the vehicle, etc. | [0045]), and
in response to detecting two knocks as the gesture input, perform a first vehicle action (see at least [0061-0062] note the user’s knock code could employ two knocks).
However, Park does not specifically disclose in response to detecting three knocks as the gesture input, performing the first vehicle action and a second vehicle action.
It is known to recognize gestures in different ways. For example, Paradis teaches a gesture input system that detects taps and knocks, wherein in response to detecting three knocks as the gesture input, performing the first vehicle action and a second vehicle action (see at least [0011] note when the driver (with a keyfob) knocks on a window, the vehicle may automatically unlock and open the door, such as three knocks unlocks and opens the door | [0028] note a sequence of predetermined actions may be required to cause a vehicle function to occur | [0036] note the database is accessed to identify one or more vehicle functions associated with the predetermined action detected by the sensor data reception module, such as two knocks unlocks the door, and three knocks unlocks and opens the door).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Paradis into Park. This provides the ability to perform one or more specified actions with a specified gesture input, thus allowing a driver to access their vehicle when their hands are full (e.g., carrying packages) without having to start/open/unlock all features of the vehicle (e.g., when they are loading or packing their vehicle) (see [0002] of Paradis).
Regarding claim 21, Park in view of Paradis teach wherein: the gesture input is one of a plurality of different detectable gesture inputs; and each one of the plurality of different detectable gesture inputs corresponds to one or more different vehicle actions (see at least [0011] of Paradis, note unlocking and opening a door | [0026] of Paradis, note opening a side window | [0028] of Paradis, note tapping (or knocking) on the side window may cause the window to roll down, and pressing (or knocking) on the door may cause the door to unlock | [0036] of Paradis, note one or more components of the vehicle is caused to unlock or open based the predetermined action that has been performed, such as two knocks lock or unlock a door, and three knocks could comprise opening or closing a window | [0032-0033] of Paradis). Note that of Paradis’ user has the ability, free will, to determine what type of gesture input causes a specified vehicle action to be performed.
Regarding claim 22, Park in view of Paradis teach wherein: the gesture input is one of a plurality of different detectable gesture inputs; and each one of the plurality of different detectable gesture inputs corresponds to one or more different vehicle actions (see at least [0011] of Paradis, note unlocking and opening a door | [0026] of Paradis, note opening a side window | [0028] of Paradis, note tapping (or knocking) on the side window may cause the window to roll down, and pressing (or knocking) on the door may cause the door to unlock | [0036] of Paradis, note one or more components of the vehicle is caused to unlock or open based the predetermined action that has been performed, such as two knocks lock or unlock a door, and three knocks could comprise opening or closing a window | [0032-0033] of Paradis). Note that of Paradis’ user has the ability, free will, to determine what type of gesture inputs causes specified vehicle actions to be performed.
Regarding claim 23, Park in view of Paradis teach in response to detecting four knocks as the gesture input, performing the first vehicle action, the second vehicle action, and a third vehicle action (see at least [0036] of Paradis, note one or more components of the vehicle is caused to unlock or open based the predetermined action that has been performed, such as four knocks unlock the doors and open the driver side door | [0032-0033] of Paradis, note one or more functions are performed). Note that of Paradis’ user has the ability, free will, to determine what type of gesture input causes specified vehicle actions to be performed.
.
Claims 2, 11, 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2015/0161836 A1) in view of Paradis (US 2023/0356694 A1) as applied to claims 1, 10 and 19 above, and in further view of Ogino (US 2007/0171057 A1).
Regarding claim 2, Park in view of Paradis do not specifically teach wherein detecting three knocks as the gesture input comprises detecting a third knock within a period of time from detecting the two knocks.
It is known to detect a gesture input in different ways. For example, Ogino teaches a system wherein detecting three knocks as a gesture input comprises detecting a third knock within a period of time from detecting the two knocks (see at least [0537] note ta-ta-tan | [0540] note when the user knocks on the door, such as ta-ta-tan, in the predetermined pattern having the predetermined number of times and predetermined time interval, the predetermined user requesting operation is performed).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Ogino into Park in view of Paradis. This provides the ability to distinguish the gesture input from noise.
Regarding claim 11, Park in view of Paradis and Ogino teach wherein the processing circuitry configured to detect three knocks as the gesture input is further configured to detect a third knock within a period of time from detecting the two knocks (see at least [0537] of Ogino, note ta-ta-tan | [0540] of Ogino, note when the user knocks on the door, such as ta-ta-tan, in the predetermined pattern having the predetermined number of times and predetermined time interval, the predetermined user requesting operation is performed).
Regarding claim 12, Park in view of Paradis and Ogino teach wherein the first vehicle action comprises locking or unlocking a door and the second vehicle action comprises opening or closing a window (see at least [0011] of Paradis, note unlocking a door | [0026] of Paradis, note opening a side window | [0028] of Paradis, note tapping (or knocking) on the side window may cause the window to roll down, and pressing (or knocking) on the door may cause the door to unlock | [0036] of Paradis, note one or more components of the vehicle is caused to unlock or open based the predetermined action that has been performed, such as two knocks lock or unlock a door, and three knocks could comprise opening or closing a window). Note that of Paradis’ user has the ability, free will, to determine what type of gesture input causes a specified vehicle action to be performed.
Regarding claim 20, Park in view of Paradis and Ogino teach wherein: the processor configured to detect three knocks as the gesture input is further configured to detect a third knock within a period of time from detecting the two knocks; the first vehicle action comprises locking or unlocking a door; and the second vehicle action comprises opening or closing a window (see at least [0537] of Ogino, note ta-ta-tan | [0540] of Ogino, note when the user knocks on the door, such as ta-ta-tan, in the predetermined pattern having the predetermined number of times and predetermined time interval, the predetermined user requesting operation is performed | [0011] of Paradis, note unlocking a door | [0026] of Paradis, note opening a side window | [0028] of Paradis, note tapping (or knocking) on the side window may cause the window to roll down, and pressing (or knocking) on the door may cause the door to unlock | [0036] of Paradis, note one or more components of the vehicle is caused to unlock or open based the predetermined action that has been performed, such as two knocks lock or unlock a door, and three knocks could comprise opening or closing a window | [0032-0033] of Paradis). Note that of Paradis’ user has the ability, free will, to determine what type of gesture input causes a specified vehicle action to be performed.
Claims 7 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2015/0161836 A1) in view of Paradis (US 2023/0356694 A1) as applied to claims 1 and 10 above, and in further view of Protopapas (US 2013/0099940 A1).
Regarding claim 7, Park in view of Paradis do not specifically teach in response to detecting the gesture input and not identifying the presence of the user proximate to the vehicle, triggering an alarm of the vehicle.
It is known to grant or deny access to a vehicle in different ways. For example, Protopapas teaches a system wherein in response to detecting the gesture input and not identifying the presence of the user proximate to the vehicle, triggering an alarm of the vehicle (see at least [0035] note the vehicle attempts to authenticate the approaching user | [0038] note if the approaching user is not authenticated or cannot be authenticated, a secondary authorization may be engaged, such as a pass code, secondary biometrics, password, phrase/response check, etc. | [0039] note if the secondary authentication also fails, appropriate security measures may be taken, such as denying entry to the user, alerting the authorities, alerting an alternative owner phone number, putting the vehicle in a limited drive capability, requiring an additional, in-vehicle authentication, etc. | [0048] note triggering an alarm).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Protopapas into Park in view of Paradis. This provides the ability to deter a person attempting to gain (unlawful) entry into a vehicle.
Regarding claim 16, Park in view of Paradis and Protopapas teach wherein the processing circuitry is further configured to: in response to detecting the gesture and not identifying the presence of the user proximate to the vehicle, cause an alarm of the vehicle to be triggered (see at least [0035] of Protopapas | [0038] of Protopapas | [0039] of Protopapas | [0048] of Protopapas).
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Park (US 2015/0161836 A1) in view of Paradis (US 2023/0356694 A1) as applied to claims 1 and 10 above, and in further view of Stanek (US 2015/0363639 A1).
Regarding claim 9, Park in view of Paradis do not teach filtering, using a noise filter, the accelerometer signal to attenuate noise from vehicle movement.
It is known to recognize gestures in different ways. For example, Stanek teaches a gesture input system that filters, using a noise filter, an accelerometer signal to attenuate noise from vehicle movement (see at least the abstract | [0006] | [0029] note at least one accelerometer | [0030] note the gesture sensor is preferably a non-contact sensor, that is, it can also be a contact sensor | [0063]).
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the features of Stanek into Park in view of Paradis. This provides the ability to more accurately obtain Park in view of Paradis’ intended gesture by removing any unintentional gesture components provoked by vehicle motion, such as when the vehicle is parked next to a busy street, metro/subway/train, or construction area (see [0006] of Stanek).
Regarding claim 18, Park in view of Paradis and Stanek teach filter, using a noise filter, the accelerometer signal to attenuate noise from vehicle movement (see at least the abstract of Stanek | [0006] of Stanek | [0029] of Stanek, note at least one accelerometer | [0030] of Stanek, note the gesture sensor is preferably a non-contact sensor, that is, it can also be a contact sensor | [0063] of Stanek).
Response to Arguments
Applicant’s remarks concerning the claims have been considered but are moot in view of the new ground of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/BRIAN WILSON/Primary Examiner, Art Unit 2689