DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This is a Final rejection is in response to Applicant’s amendment of 16 July 2025. Claims 1, 3-5, 8-9, and 10-15 are currently pending, as discussed below. Claims 2 and 6-7 are canceled.
Examiner Notes that the fundamentals of the rejections are based on the broadest reasonable interpretation of the claim language. Applicant is kindly invited to consider the reference as a whole. References are to be interpreted as by one of ordinary skill in the art rather than as by a novice. See MPEP 2141. Therefore, the relevant inquiry when interpreting a reference is not what the reference expressly discloses on its face but what the reference would teach or suggest to one of ordinary skill in the art.
Response to Arguments
Applicant's arguments filed 7/16/2025 have been fully considered and are persuasive in part. Drawing objections are moot in view of applicant’s cancelation of pending claim 2. 35 U.S.C. § 112(f) interpretation of information acquisition section is sustained. 35 U.S.C. § 112(f) interpretation of first driving diagnostic section and particular driving diagnostic section are moot in view of applicant’s amendments and are withdrawn. 35 U.S.C. § 112(a) rejection of claim 6 is moot in view of applicant’s cancelation of pending claim 6 and is withdrawn. Amendments to claims 1 and 9 have been fully considered and 35 U.S.C. § 112(a) rejection of claims 1 and 9 set forth in office action 24 April 2025 have been withdrawn. Amendments to claim 1 have been fully considered and 35 U.S.C. § 112(b) rejection of claim 1 has been withdrawn. 35 U.S.C. § 112(a) rejection of claim 2, 6 and 7 is moot in view of applicant’s cancelation of pending claim 2,6 and 7. Amendments to claim 3 have been fully considered and 35 U.S.C. § 112(b) rejection of claim 3 has been withdrawn. Amendments to claim 4 have been fully considered and 35 U.S.C. § 112(b) rejection of claim 4 has been withdrawn. Amendments to claim 5 have been fully considered and 35 U.S.C. § 112(b) rejection of claim 5 has been withdrawn. Amendments to claim 8 have been fully considered and 35 U.S.C. § 112(b) rejection of claim 8 has been sustained. Arguments concerning 35 U.S.C. § 112(b) rejection of claim 1, 9, 10 and 11 concerning corresponding structure for 112(f) interpretation of information acquisition section has been fully considered and is persuasive and rejection has been withdrawn. Amendments to the claims have been fully considered and 35 U.S.C. § 101 rejection has been withdrawn. Arguments regarding the rejections under 35 U.S.C. 103 have been fully considered and are not persuasive. Examiner reformulates a new obviousness rejection necessitated by the amendments.
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:
Information acquisition section in claims 1, 9, 10 and 11-15
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/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) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Upon reviewing of the specification, the following appears to be the corresponding structure for an Information acquisition section.
“Note that in the following description the wheel speed sensors 22, the accelerator position sensor 23, the brake force sensor 24, the steering angle sensor 25, the forward looking camera 26A, the vehicle interior camera 26B, and the GPS receiver 27 will be referred to collectively as an “information acquisition section”, [¶40]
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3-5, 8, 10-11, and 14-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 is indefinite because the language some result information is indefinite because “some” reads indefiniteness and does not define anything in particular what is or is not included in the result information.
Claim 1 is indefinite because the language wherein the computer is not provided in the vehicle and configured to perform a first driving diagnosis of the vehicle using the vehicle related information acquired from the information acquisition section… and generate second result information based on the second driving diagnosis and it is unclear if the computer or the vehicle processor is performing the recited actions.
Claim 10 is indefinite because the language the vehicle related information to a computer that is not provided in the vehicle and that is configured to perform a first driving diagnosis of the vehicle using the vehicle related information … generating, by the computer, the first result information based on the first driving diagnosis; and it is unclear if the computer or the vehicle processor is performing the recited actions.
Claim 11 is indefinite because the language the vehicle related information to a computer that is not provided in the vehicle and that is configured to perform a first driving diagnosis of the vehicle using the vehicle related information … generating, by the computer, the first result information based on the first driving diagnosis; and it is unclear if the computer or the vehicle processor is performing the recited actions.
Claim(s) depending from claims expressly noted above are also rejected under 35 U.S.C. 112 by/for reason of their dependency from a noted claim that is rejected under 35 U.S.C. 112, for the reasons given.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 3, 4, and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over SHIN; Wonho et al. (US 20190371087 A1) in view of Marko, Kenneth A. et al. (US 20030216889 A1) and Agarwal; Saurav et al. (US 20200393838 A1).
Regarding Claim 1, Shin teaches, A driving diagnostic device (Fig. 4, Vehicle terminal 100 is an on-board diagnostics (OBD), see at least, ¶10, Shin), comprising: a processor installed in a vehicle (Fig. 4, AI processing unit 180, see at least, ¶104, Shin), the vehicle including an information acquisition section configured to acquire vehicle related information related to the vehicle (Fig. 4, Sensing unit 130 and image obtaining unit 110, see at least, ¶102 and 122, Shin), wherein the processor is configured to: wirelessly transmit, by utilizing a network of the vehicle, the vehicle related information to a computer , wherein the computer is not provided in the vehicle (Fig.3, Vehicle terminal 100 transmit event frames collected by the vehicle terminal 100 to the Server 200 using 5G wireless communication, see at least, ¶110, Shin) and configured to perform a first driving diagnosis of the vehicle using the vehicle related information acquired from the information acquisition section and generate first result information based on the first driving diagnosis (AI processing unit 180 determines whether an event has occurred (first driving diagnosis) from the driving image composed of a plurality of frames obtained during the driving of the vehicle and extract a corresponding frame referred to as an event frame (first result information), see at least, ¶112, 131, Shin), receive the vehicle related information for a second driving diagnosis of the vehicle, perform the second driving diagnosis using the vehicle related information received from the information acquisition section and generate second result information based on the second driving diagnosis (AI processing unit 180 also determines the time the event happened from the driving image which is the second result information, see at least, ¶112, 131, Shin), the processor is configured to, based on (i) result information including the first result information and the second result information, (ii) an output destination of the result information, or (iii) a type of the vehicle related information, decide whether to wirelessly transmit the vehicle related information to the computer or to receive the vehicle related information for the second driving diagnosis (Fig. 6 S1030 uses the result information of if an event occurred and the time and transmits the event image to the server S1050 or receives another driving image for a second diagnosis S1020, see at least, ¶137-138, Shin), the processor is configured to, in response to receiving the vehicle related information acquired by the information acquisition section for the second driving diagnosis, perform the second driving diagnosis using the vehicle related information acquired by the information acquisition section, and not transmit the vehicle related information acquired by the information acquisition section to the computer (Fig. 6 S1030 driving image is recorded in real time and AI processing unit 180 determines in real time whether the event occurs and does not transmit the event image to the server/computer following the “no” branch of the S1030 decision block. Fig. 7 also depicts , see at least, ¶131-136, Shin), and the processor is configured to, in response to a specific condition being satisfied, perform the second driving diagnosis using the event image data, and generate the second result information based on the second driving diagnosis (AI processing unit 180 also determines the time the event happened from the driving image which is the second result information, see at least, ¶112, 131, Shin).
Shin does not explicitly teach receiving the vehicle related information acquired by the information acquisition section at an acquisition frequency of a first threshold or higher and in response to a specific condition being satisfied, control a brake actuator of a brake device in the vehicle to generate a braking force in the brake device, generate Pre Crash Safety (PCS) operation data based on the control of the brake actuator, perform the second driving diagnosis using the PCS operation data.
Marko, directed to a diagnostic system monitors performance of a vehicle teaches receiving the vehicle related information acquired by the information acquisition section at an acquisition frequency of a first threshold or higher (frequency of data capture is adjusted a threshold frequency which provides the highest accuracy in time to failure prediction, see at least [¶18, 32, Marko]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have modified the invention of Shin to incorporate the teachings of Marko which teaches information acquisition section at an acquisition frequency of a first threshold or higher since they are both related to vehicle diagnostic systems and incorporation of the teachings of Marko would increase the timing accuracy of detecting events.
Agarwal, directed to automated driver assistance for vehicle systems teaches in response to a specific condition being satisfied, control a brake actuator of a brake device in the vehicle to generate a braking force in the brake device, generate Pre Crash Safety (PCS) operation data based on the control of the brake actuator, perform the second driving diagnosis using the PCS operation data (once a vehicle enters a warning zone 1, the driver assistance system can automatically apply a gentle brake and if operator fails to detect the braking event, the details of the event including the time or instances that the vehicle system applied the brakes instead of the driver, see at least [¶27, Agarwal]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have further modified the invention of Shin and Marko to incorporate the teachings of Agarwal which teaches in response to a specific condition being satisfied, control a brake actuator of a brake device in the vehicle to generate a braking force in the brake device, generate Pre Crash Safety (PCS) operation data based on the control of the brake actuator, perform the second driving diagnosis using the PCS operation data since they are both related to vehicle diagnostic systems and incorporation of the teachings of Agarwal would improve safety for identifying specific drivers that need additional training.
Regarding Claim 9, Shin teaches, A driving diagnostic system, comprising: an information acquisition section configured to acquire vehicle related information related to a vehicle (Fig. 4, Sensing unit 130 and image obtaining unit 110, see at least, ¶102 and 122, Shin); a computer not provided in the vehicle and configured to train a neural network model using the vehicle related information acquired from the information acquisition section, and generate first result information based on the trained neural network model (Fig. 8, Server 200 receives even image from vehicle terminal 100 and trains the neural network model S2020 and generates an update file S2030, see at least, Fig. 8, ¶140-145, Shin); and a processor provided at the vehicle and configured to wirelessly transmit, by utilizing a network of the vehicle, the vehicle related information to the computer (Fig.3, Vehicle terminal 100 transmit event frames collected by the vehicle terminal 100 to the Server 200 using 5G wireless communication, see at least, ¶110, Shin), receive the vehicle related information for performing second driving diagnosis of the vehicle, perform the second driving diagnosis using the vehicle related information received from the information acquisition section, and generate second result information based on the second driving diagnosis (AI processing unit 180 determines whether an event has occurred from the driving image composed of a plurality of frames obtained during the driving of the vehicle and extract a corresponding frame referred to as an event frame, see at least, ¶112, 131, Shin), wherein: the processor is configured to, based on (i) result information including the first result information and the second result information, (ii) an output destination of the result information, or (iii) a type of the vehicle related information, decide whether to wirelessly transmit the vehicle related information to the computer or to receive the vehicle related information for performing the second driving diagnosis (Fig. 6 S1030 uses the result information of if an event occurred and transmits the event image to the server S1050 or receives another driving image for a second diagnosis S1020, see at least, ¶137-138, Shin), the processor is configured to, in response to receiving the vehicle related information acquired by the information acquisition section for the second driving diagnosis, perform the second driving diagnosis using the vehicle related information acquired by the information acquisition section, and not transmit the vehicle related information acquired by the information acquisition section to the computer (Fig. 6 S1030 uses the result information of if an event occurred and transmits the event image to the server S1050 or receives another driving image for a second diagnosis S1020, see at least, ¶137-138, Shin), and the processor is configured to, in response to a specific condition being satisfied, and generate the second result information based on the second driving diagnosis (Fig. 6 S1030 in response to obtaining a driving image, determine whether an event occurs (second diving diagnosis) and generate event image (second result information) based on whether the event occurs, see at least, ¶137-138, Shin).
Shin does not explicitly teach a computer not provided in the vehicle and configured to perform a first driving diagnosis of the vehicle using the vehicle related information acquired from the information acquisition section, and generate first result information based on the first driving diagnosis,
the processor is configured to, in response to receiving the vehicle related information acquired by the information acquisition section at an acquisition frequency of a first threshold or higher
and the processor is configured to, in response to a specific condition being satisfied, control a brake actuator of a brake device in the vehicle to generate a braking force in the brake device, generate Pre Crash Safety (PCS) operation data based on the control of the brake actuator,using the PCS operation data.
Marko, directed to a diagnostic system monitors performance of a vehicle teaches a computer not provided in the vehicle and configured to perform a first driving diagnosis of the vehicle using the vehicle related information acquired from the information acquisition section, and generate first result information based on the first driving diagnosis (Fig.1 An external, centralized computer 13 analyzes data from a vehicle 10 and renders a diagnosis, see at least [¶27-35, Marko]),
And receiving the vehicle related information acquired by the information acquisition section at an acquisition frequency of a first threshold or higher (frequency of data capture is adjusted a threshold frequency which provides the highest accuracy in time to failure prediction, see at least [¶18, 32, Marko]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have modified the invention of Shin to incorporate the teachings of Marko which teaches a computer not provided in the vehicle and configured to perform a first driving diagnosis of the vehicle using the vehicle related information acquired from the information acquisition section, and generate first result information based on the first driving diagnosis and information acquisition section at an acquisition frequency of a first threshold or higher since they are both related to vehicle diagnostic systems and incorporation of the teachings of Marko would increase the timing accuracy of detecting events.
Agarwal, directed to automated driver assistance for vehicle systems teaches in response to a specific condition being satisfied, control a brake actuator of a brake device in the vehicle to generate a braking force in the brake device, generate Pre Crash Safety (PCS) operation data based on the control of the brake actuator, perform the second driving diagnosis using the PCS operation data (once a vehicle enters a warning zone 1, the driver assistance system can automatically apply a gentle brake and if operator fails to detect the braking event, the details of the event including the time or instances that the vehicle system applied the brakes instead of the driver, see at least [¶27, Agarwal]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have further modified the invention of Shin and Marko to incorporate the teachings of Agarwal which teaches in response to a specific condition being satisfied, control a brake actuator of a brake device in the vehicle to generate a braking force in the brake device, generate Pre Crash Safety (PCS) operation data based on the control of the brake actuator, perform the second driving diagnosis using the PCS operation data since they are both related to vehicle diagnostic systems and incorporation of the teachings of Agarwal would improve safety by automatically applying brakes for drivers that need additional training.
Regarding Claim 10, Shin teaches, A driving diagnostic method comprising: receiving, from an information acquisition section provided at a vehicle, vehicle related information related to the vehicle (Fig. 4, Sensing unit 130 and image obtaining unit 110, see at least, ¶102 and 122, Shin); deciding, by a processor provided at the vehicle, based on (i) result information including a first result information and a second result information, (ii) an output destination of the result information, or (iii) a type of the vehicle related information, whether to wirelessly transmit, by utilizing a network of the vehicle, the vehicle related information to a computer that is not provided in the vehicle (Fig. 6 S1030 uses the result information of if an event occurred and transmits the event image to the server S1050 or receives another driving image for a second diagnosis S1020, see at least, ¶137-138, Shin) and that is configured to perform a first driving diagnosis of the vehicle using the vehicle related information, or execute a second driving diagnosis of the vehicle using the vehicle related information received from the information acquisition section (Fig. 6 S1030 if an event is the first or second driving diagnosis, see at least, ¶137-138, Shin); in response to deciding, by the processor, to wirelessly transmit the vehicle related information to the computer, wirelessly transmitting, by utilizing the network of the vehicle, the vehicle related information to the computer (Fig. 6 S1030 uses the result information of if an event occurred and transmits the event image to the server S1050, see at least, ¶137-138, Shin), performing, by the computer, the first driving diagnosis of the vehicle using the vehicle related information acquired from the information acquisition section, and generating, by the computer, the first result information based on the first driving diagnosis (AI processing unit 180 determines whether an event has occurred (first driving diagnosis) from the driving image composed of a plurality of frames obtained during the driving of the vehicle and extract a corresponding frame referred to as an event frame (first result information), see at least, ¶112, 131, Shin); and in response to deciding, by the processor, to receive the vehicle related information for performing the second driving diagnosis of the vehicle, receiving, by the processor, the vehicle related information for performing the second driving diagnosis of the vehicle, performing, by the processor, the second driving diagnosis using the vehicle related information received from the information acquisition section, and generating, by the processor, the second result information based on the second driving diagnosis (AI processing unit 180 also determines the time the event happened as the second diagnosis and the time is the second result information, see at least, ¶112, 131, Shin), wherein the method further comprises in response to receiving, by the processor, the vehicle related information acquired by the information acquisition section for the second driving diagnosis, performing, by the processor, the second driving diagnosis using the vehicle related information acquired by the information acquisition section and not transmitting the vehicle related information acquired by the information acquisition section to the computer (Fig. 6 S1030 driving image is recorded in real time and AI processing unit 180 determines whether the event occurs and does not transmit the event image to the server/computer following the “no” branch of the S1030 decision block. Fig. 7 also depicts , see at least, ¶131-136, Shin); and in response to a specific condition being satisfied, performing, by the processor, the second driving diagnosis, and generating, by the processor, the second result information based on the second driving diagnosis (AI processing unit 180 also determines the time the event happened from the driving image which is the second result information, see at least, ¶112, 131, Shin).
Shin does not explicitly teach the vehicle related information acquired by the information acquisition section at an acquisition frequency of a first threshold or higher and in response to a specific condition being satisfied, control a brake actuator of a brake device in the vehicle to generate a braking force in the brake device, generate Pre Crash Safety (PCS) operation data based on the control of the brake actuator, perform the second driving diagnosis using the PCS operation data.
Marko, directed to a diagnostic system monitors performance of a vehicle teaches receiving the vehicle related information acquired by the information acquisition section at an acquisition frequency of a first threshold or higher (frequency of data capture is adjusted a threshold frequency which provides the highest accuracy in time to failure prediction, see at least [¶18, 32, Marko]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have modified the invention of Shin to incorporate the teachings of Marko which teaches information acquisition section at an acquisition frequency of a first threshold or higher since they are both related to vehicle diagnostic systems and incorporation of the teachings of Marko would increase the timing accuracy of detecting events.
Agarwal, directed to automated driver assistance for vehicle systems teaches in response to a specific condition being satisfied, control a brake actuator of a brake device in the vehicle to generate a braking force in the brake device, generate Pre Crash Safety (PCS) operation data based on the control of the brake actuator, perform the second driving diagnosis using the PCS operation data (once a vehicle enters a warning zone 1, the driver assistance system can automatically apply a gentle brake and if operator fails to detect the braking event, the details of the event including the time or instances that the vehicle system applied the brakes instead of the driver, see at least [¶27, Agarwal]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have further modified the invention of Shin and Marko to incorporate the teachings of Agarwal which teaches in response to a specific condition being satisfied, control a brake actuator of a brake device in the vehicle to generate a braking force in the brake device, generate Pre Crash Safety (PCS) operation data based on the control of the brake actuator, perform the second driving diagnosis using the PCS operation data since they are both related to vehicle diagnostic systems and incorporation of the teachings of Agarwal would improve safety for identifying specific drivers that need additional training.
Regarding Claim 11, Shin teaches, A non-transitory recording medium storing a program executable by a computer to perform processing (Fig. 1, memory 924, see at least, ¶45-46, Shin), the processing comprising: receiving, from an information acquisition section provided at a vehicle, vehicle related information related to the vehicle (Fig. 4, Sensing unit 130 and image obtaining unit 110, see at least, ¶102 and 122, Shin); deciding, based on (i) result information including a first result information and a second result information, (ii) an output destination of the result information, or (iii) a type of the vehicle related information, whether to wirelessly transmit, by utilizing a network of the vehicle, the vehicle related information to a computer that is not provided in the vehicle (Fig. 6 S1030 uses the result information of if an event occurred and transmits the event image to the server S1050 or receives another driving image for a second diagnosis S1020, see at least, ¶137-138, Shin) and that is configured to perform a first driving diagnosis of the vehicle using the vehicle related information, or execute a second driving diagnosis of the vehicle using the vehicle related information received from the information acquisition section (Fig. 6 S1030 if an event is the first or second driving diagnosis, see at least, ¶137-138, Shin); in response to deciding to wirelessly transmit the vehicle related information to the computer, wirelessly transmitting the vehicle related information to the computer for performing the first driving diagnosis of the vehicle using the vehicle related information acquired from the information acquisition section, and generating the first result information based on the first driving diagnosis (Fig. 6 S1030 uses the result information of if an event occurred and transmits the event image to the server S1050, see at least, ¶137-138, Shin); and in response to deciding to receive the vehicle related information for performing the second driving diagnosis of the vehicle, receiving the vehicle related information for performing the second driving diagnosis of the vehicle, performing the second driving diagnosis using the vehicle related information received from the information acquisition section, and generating the second result information based on the second driving diagnosis (AI processing unit 180 also determines the time the event happened as the second diagnosis and the time is the second result information, see at least, ¶112, 131, Shin), wherein the method further comprises in response to receiving, by the processor, the vehicle related information acquired by the information acquisition section for the second driving diagnosis, performing, by the processor, the second driving diagnosis using the vehicle related information acquired by the information acquisition section and not transmitting the vehicle related information acquired by the information acquisition section to the computer (Fig. 6 S1030 driving image is recorded in real time and AI processing unit 180 determines whether the event occurs and does not transmit the event image to the server/computer following the “no” branch of the S1030 decision block. Fig. 7 also depicts , see at least, ¶131-136, Shin); and in response to a specific condition being satisfied, performing, by the processor, the second driving diagnosis, and generating, by the processor, the second result information based on the second driving diagnosis (AI processing unit 180 also determines the time the event happened from the driving image which is the second result information, see at least, ¶112, 131, Shin).
Shin does not explicitly teach the vehicle related information acquired by the information acquisition section at an acquisition frequency of a first threshold or higher and in response to a specific condition being satisfied, control a brake actuator of a brake device in the vehicle to generate a braking force in the brake device, generate Pre Crash Safety (PCS) operation data based on the control of the brake actuator, perform the second driving diagnosis using the PCS operation data.
Marko, directed to a diagnostic system monitors performance of a vehicle teaches receiving the vehicle related information acquired by the information acquisition section at an acquisition frequency of a first threshold or higher (frequency of data capture is adjusted a threshold frequency which provides the highest accuracy in time to failure prediction, see at least [¶18, 32, Marko]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have modified the invention of Shin to incorporate the teachings of Marko which teaches information acquisition section at an acquisition frequency of a first threshold or higher since they are both related to vehicle diagnostic systems and incorporation of the teachings of Marko would increase the timing accuracy of detecting events.
Agarwal, directed to automated driver assistance for vehicle systems teaches in response to a specific condition being satisfied, control a brake actuator of a brake device in the vehicle to generate a braking force in the brake device, generate Pre Crash Safety (PCS) operation data based on the control of the brake actuator, perform the second driving diagnosis using the PCS operation data (once a vehicle enters a warning zone 1, the driver assistance system can automatically apply a gentle brake and if operator fails to detect the braking event, the details of the event including the time or instances that the vehicle system applied the brakes instead of the driver, see at least [¶27, Agarwal]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have further modified the invention of Shin and Marko to incorporate the teachings of Agarwal which teaches in response to a specific condition being satisfied, control a brake actuator of a brake device in the vehicle to generate a braking force in the brake device, generate Pre Crash Safety (PCS) operation data based on the control of the brake actuator, perform the second driving diagnosis using the PCS operation data since they are both related to vehicle diagnostic systems and incorporation of the teachings of Agarwal would improve safety for identifying specific drivers that need additional training.
Regarding Claim 3, Shin, Marko and Agarwal teaches, the driving diagnostic device of claim 1, wherein the processor is configured to, in response to the output destination of the result information being a display provided at the vehicle, receive the vehicle related information for the second driving diagnosis from the information acquisition section; (see at least, ¶119, Shin).
Regarding Claim 4, Shin, Marko and Agarwal teaches, The driving diagnostic device of claim 1, wherein the processor is configured to, in response to the output destination of the result information being a portable terminal configured to wirelessly communicate with the computer, transmit the vehicle related information for the first driving diagnosis to the computer (see at least, Fig.6, Fig. 8, ¶127-145, Shin).
Regarding Claim 8, Shin, Marko and Agarwal teaches, The driving diagnostic device of claim 1, wherein the processor is configured to further transmit some result information of the second result information based on the second driving diagnosis to the computer (Fig. 6 S1030 uses the result information of if an event occurred and transmits the event image to the server S1050, see at least, ¶137-138, Shin).
Claim 5, and 12-15 is rejected under 35 U.S.C. 103 as being unpatentable over SHIN; Wonho et al. (US 20190371087 A1) in view of Marko, Kenneth A. et al. (US 20030216889 A1) and Agarwal; Saurav et al. (US 20200393838 A1) as applied to claims 1, 3, 4, and 8-11 and further in view of Isaac; Emad S. (US 20210319332 A1).
Regarding Claim 5, Shin Marko and Agarwal teaches, The driving diagnostic device of claim 1.
Shin does not explicitly teach wherein at least one of the computer or the processor is configured to execute a third driving diagnosis to generate third result information for an insurance company to utilize to design an insurance product.
Isaac, directed to edge-computing systems configured to determining driving characteristics, driver rating, performing vehicle diagnostics, and detecting collisions teaches, wherein at least one of the computer or the processor is configured to execute a third driving diagnosis to generate third result information for an insurance company to utilize to design an insurance product (Fig. 2 Driving Analysis Application configured to include and insurance policy algorithms, see at least, ¶77, Isaac).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have modified Shin, Marko and Agarwal’s invention to incorporate the teachings of Isaac which teaches wherein at least one of the computer or the processor is configured to execute a third driving diagnosis to generate third result information for an insurance company to utilize to design an insurance product since they are both related to Vehicle diagnostic systems and incorporation of the teachings of Isaac would utilize edge computing to adjust the risk factor calculations in accordance with driving diagnostics.
Regarding Claims 12, 13, 14 and 15, Shin, Marko and Agarwal teaches, The driving diagnostic device of claim 1, The driving diagnostic system of claim 9, The driving diagnostic method of claim 10, and the non-transitory recording medium of claim 11, wherein the information acquisition section includes a wheel speed sensor, a forward looking camera, and a GPS receiver, the vehicle related information includes wheel speed data, position data, vehicle surroundings image data, the second result information based on the wheel speed data acquired from the wheel speed sensor (Fig. 4 image obtaining unit 110, GPS information, and Sensing unit 130 composed of sensors installed in the vehicle, see at least, ¶ 102, 121-122, Shin).
Shin, Marko and Agarwal does not explicitly teach wherein the information acquisition section includes an accelerator position sensor, a brake force sensor, a steering angle sensor, and a vehicle interior camera, the vehicle related information includes accelerator position data, brake force data, steering angle data, and face image data, the second result information based on, the accelerator position data acquired from the accelerator position sensor, and the brake force data acquired from the brake force sensor, includes diagnosis results of an acceleration operation, a brake operation, and a steering operation of the vehicle by a user of the vehicle.
Isaac, directed to edge-computing systems configured to determining driving characteristics, driver rating, performing vehicle diagnostics, and detecting collisions teaches, an accelerator position sensor, a brake force sensor, a steering angle sensor, and a vehicle interior camera, the vehicle related information includes accelerator position data, brake force data, steering angle data, and face image data, the second result information based on, the accelerator position data acquired from the accelerator position sensor, and the brake force data acquired from the brake force sensor, includes diagnosis results of an acceleration operation, a brake operation, and a steering operation of the vehicle by a user of the vehicle (Fig. 1 Data collection module 101 and Fig. 3 Vehicle sensors 311 and 321, see at least, ¶37, 40-44, 84, Isaac).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention, with a reasonable expectation of success, to have modified Shin, Marko and Agarwal’s invention to incorporate the teachings of Isaac which teaches a wheel speed sensor, an accelerator position sensor, a brake force sensor, a steering angle sensor, and a vehicle interior camera, the vehicle related information includes accelerator position data, brake force data, steering angle data, and face image data, the second result information based on, the accelerator position data acquired from the accelerator position sensor, and the brake force data acquired from the brake force sensor, includes diagnosis results of an acceleration operation, a brake operation, and a steering operation of the vehicle by a user of the vehicle since they are both related to Vehicle diagnostic systems and incorporation of the teachings of Isaac would capture additional driving sensor data and improve edge computing to adjust the risk factor calculations in accordance with driving diagnostics.
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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/IRENE C KHUU/
Examiner, Art Unit 3664
/RACHID BENDIDI/Supervisory Patent Examiner, Art Unit 3664