DETAILED ACTION
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 2-5, 9 and 13-16 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Takahashi (US 10,739,367).
Referring to claim 2, Takahashi discloses a device (fig. 2, system 100), comprising:
a non-volatile memory (fig. 2, memory card 150);
a cyclic buffer (fig. 6A, ring buffer 152) to buffer a data stream (fig. 1, driving recorder 100 image inputs);
a logic circuit (fig. 2, main body unit 130) to:
receive a signal (4:9-13, image signals) indicative of a vehicle event (fig. 1, vehicle travelling) corresponding to a read condition (fig. 1, driving recorder 100 reads from camera input) for a vehicle, the vehicle being associated with a system (fig. 1, camera unit 110) that generates the data stream; and
control buffering (fig. 6A, ring buffer 152 X1…Xn) the data stream into the cyclic buffer based on a type of vehicle event (fig. 1, vehicle travelling normally) of the vehicle event, the cyclic buffer being associated with the type of vehicle event (fig. 6A, ring buffer recording under normal driving in ring buffer); and
storing data (fig. 6A, storing ring buffer 152 to memory area 151 in memory card 150; 10:27-29) from the cyclic buffer to the non-volatile memory based on the type of the vehicle event (fig. 6A, storing buffer to memory card under normal driving).
Referring to claim 9, Takahashi discloses a method, comprising:
buffering a data stream (fig. 1, driving recorder 100 image inputs) into a cyclic buffer (fig. 6A, ring buffer) of a device (fig. 1, recorder 100) based in part on a type of vehicle event (fig. 7, event S101);
receiving a first signal (4:9-13, image signals) indicative of a first vehicle event (fig. 7, event S101 to No) associated with a system (fig. 1, vehicle driving on road), associated with a vehicle (fig. 1, vehicle), that generates the data stream, wherein the vehicle event corresponds to road conditions (fig. 6A, normal driving condition) for the vehicle;
storing (fig. 6A, memory 151), responsive to the first signal, first data of a first amount (figs. 6A/6B, zero amount copied under normal driving) from the cyclic buffer into a first portion of non-volatile memory of the device (figs. 6A/6B, buffer 153);
receiving a second signal (4:9-13, image signals; fig. 6B, X4) indicative of a second vehicle event (fig. 7, event S101 to Yes) associated with the system; and
storing, responsive to the second signal, second data of a second amount (fig. 6B, image X4), larger than the first amount (fig. 6A, zero image), from the cyclic buffer into a second portion (fig. 6B, Xn for buffer 153 of the memory 151) of the non-volatile memory.
As to claims 3 and 13, Takahashi discloses the device of claim 2, wherein the at least one cyclic buffer includes a first cyclic buffer (fig. 6A, ring buffer 152 under normal driving) and a second cyclic buffer (fig. 6B, ring buffer 152 after vehicle event).
As to claims 4 and 15, Takahashi discloses the device of claim 3, wherein the first cyclic buffer is associated with a first type of vehicle events (fig. 6A, normal driving); and the second cyclic buffer is associated with a second type of vehicle events (fig. 6A, after vehicle event).
As to claims 5 and 14, Takahashi discloses the device of claim 4, wherein the first cyclic buffer and the second cyclic buffer have different buffering capacities (figs. 6A/6B, different ring buffer size).
Referring to claim 16, Takahashi discloses a non-transitory computer storage medium storing instructions which, when executed in a computing device (fig. 3, driving recorder), cause the computing device to perform a method, comprising:
buffering a first portion (fig. 6A, ring buffer 152) of a data stream (fig. 1, driving recorder 100 image inputs) associated with a first type of vehicle event (fig. 6A, normal driving recording) into a first cyclic buffer (fig. 6A, ring buffer 152) of the computing device, the first type of vehicle event being associated with a first duration (fig. 6A, X1…Xn) of a first road condition (fig. 7, S101 event occurred S101 to No) for a vehicle (fig. 1, vehicle);
buffering a second portion (fig. 6B, buffer 152 of memory 151) of the data stream associated with a second type of vehicle event (fig. 6B, event; fig. 7, event S101 to Yes) into a second cyclic buffer (fig. 6B, buffer 152) of the computing device, the second type of vehicle event being associated with a second duration (fig. 6B, image X1…Xn-1 duration) of a second road condition (fig. 7, event S101) for the vehicle;
storing first data from the first cyclic buffer to a first region (fig. 6B, ring buffer 152, X1…Xn) of a non-volatile memory (fig. 6B, memory 161) of the computing device based on the first data being associated with a first vehicle event (fig. 7, event S101 to No) of the first type; and
storing second data (fig. 6B, buffer 152) from the second cyclic buffer to a second region (fig. 6B, buffer 152, X1…Xn-1) of the non-volatile memory based on the second data being associated with a second vehicle event (fig. event S101 to Yes) of the second type.
Allowable Subject Matter
Claims 6-8, 10-12 and 17-21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The claimed limitation of “stopping buffering in response to the first event type, and continue buffering in response the second event type” as required in dependent claims 6 and 10, and
The claim feature of “the first type of events is to train an advanced driver assistance system, and the second type of events is to review accidents” as in dependent claim 17.
Claim Interpretation
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), because the claim limitation 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 limitations are:
“cyclic buffer”, “logic circuit” in claim 1,
“a plurality of slots” in claim 9,
“first cyclic buffer”, “second cyclic buffer” in claim 13, and
“first type of events”, “second type of events” in claim 17.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f), they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f), applicant may:
(1) amend the claim limitations to avoid them being interpreted under 35 U.S.C. 112(f) (e.g., by reciting sufficient structure to perform the claimed function); or
(2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f).
Conclusion
Applicant’s amendment necessitated the new grounds 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 in THREE MONTHS from the mailing date of this action. In the event a first reply is filled 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 of the advisory action is mailed, and any extension fee 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 date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to examiner Cheng-Yuan Tseng whose telephone number is (571)272-9772, and fax number is (571)273-9772. The examiner can normally be reached on Monday through Friday from 09:00 to 17:30 Eastern Time. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Harrington can be reached on (571)272-2330. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at (866)217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call (800)786-9199 (IN USA OR CANADA) or (571)272-1000.
/CHENG YUAN TSENG/Primary Examiner, Art Unit 2615
Prosecution Insights