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 action is in response to the amendments filed on April 8, 2026. Claims 1, 6-7, 9-10, 13-19 and 22 are amended; claims 2-3, 11-12 and 20-21 are canceled; and claims 1, 4-10, 13-19 and 22 are pending and examined below.
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.
Claim 19 is 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 19 recites the limitation "the personal electronic device" in the last line. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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 1, 4-10, 13-19 and 22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Stumpf et al. (U.S. 2022/0366172).
With regard to claim 1, Stumpf teaches a method for automatized selection and documentation of personal highlights during journeys with a vehicle ([abstract] images from inside the vehicle and outside the vehicle, and can be used to create a highlight reel of the ride), the method comprising:
capturing journey data during a journey of the vehicle ([abstract] images from inside the vehicle and outside the vehicle, and can be used to create a highlight reel of the ride. The images can be captured automatically and include images of passengers during the ride), the journey data comprising audio, image, or video data taken of an interior or an exterior of the vehicle (Fig. 4; [abstract] images can include images from inside the vehicle and outside the vehicle; [0022] the photos include images captured inside the vehicle with interior cameras) wherein the journey data is captured continuously during the journey by a vehicle sensor system of the vehicle (Fig. 2, 210; [0083] The vehicle 710a-710c continues to capture images throughout the ride);
storing selected aspects of the journey data to a non-transient data storage ([0051] the generated media (i.e., captured images and/or a highlight reel) is stored in a cloud and associated with a user's account, such that the user has access to the media for a select period of time; [0079]; [0083] the vehicle 710a-710c uploads the images to the cloud 704, where they are saved for a selected period of time. Users may choose to transfer media to a personal cloud space or to download the media to a personal device) in response to a trigger criteria being met during the journey in an associated driving situation ([0009] the sensors is configured to capture a second set of images during the ride, and a central computing system configured to receive the first and second sets of images and link the images with a user account. The first set of images include views outside the vehicle and the second set of images include views inside the vehicle), wherein the selected aspects of the journey data comprise selected audio or video streams of limited length or selected images documenting the associated driving situation ([0024] providing an entertaining and memorable experience on a passenger's first ride along with photos and/or a highlight reel of the ride can help create a brand allegiance; [0025] The captured moments can be combined to create a highlight reel including one or more trips); and
generating a selection of personal journey highlights based on the selected aspects stored during the journey for presentation during or after the journey (Fig. 6A, 606; [0076] The first option, the “View Photos” button 606, allows a user to view the captured images. When the “view photos” button 606 is selected, the captured images are displayed individually such that the user can scroll through the images and select favorites; [0078] The second option, the “View Photo Reel” button 608, allows a user to view a highlight reel of captured images),
wherein the journey data is retrieved from a personal electronic device of an occupant of the vehicle (Figs. 6A-6B; [0048] an app on the tablet in the vehicle allows users to manually take photos and videos of themselves inside the rideshare vehicle cabin. In some examples, users can use a button on a phone or device interface to instruct the in vehicle camera to capture the photo; [0072] the vehicle 402 includes additional sensors 408a, 408b, 408c, 408d, 408e for detecting special moments inside the vehicle…In some implementations, a user can choose to record an entire ride, including conversation that occurs inside the vehicle during the ride).
With regard to claim 4, the limitations are addressed above and Stumpf teaches wherein the trigger criteria is set based on pre- established or user defined content criteria ([0009] a central computing system configured to receive the first and second sets of images and link the images with a user account; [0042] Sensors inside the vehicle can be used to detect various cues. For example, one or more microphones in the vehicle can be used to detect laughter, and detection of laughter can trigger image-capturing. In some examples, a user can request a photo vocally, and microphones are used to detect the user request. In some examples, a user may elect to be periodically reminded to pose for a photo, e.g., every ten minutes).
With regard to claim 5, the limitations are addressed above and Stumpf teaches wherein the trigger criteria is successively refined based on machine learning algorithms taking user preferences or user interactions into account ([0005] Machine learning can be used to automatically identify special moments during a ride. In some examples, an autonomous vehicle also provides a customizable manual photobooth experience; [0045] machine learning is used to identify moments that are worth capturing images of. In one example, the passengers include two friends who are having a great time and laughing hysterically in the cabin. One or more of speech analysis, detection of high decibel levels, and image analysis to detect a smile, can be used to identify the moment as one of interest and trigger in-vehicle cameras to capture one or more images).
With regard to claim 6, the limitations are addressed above and Stumpf teaches wherein the trigger criteria comprises:
an occurrence of passing of points of interest along a route of the vehicle ([0028] the autonomous vehicle 110 uses sensor information from the sensor suite 102 to determine its location, to navigate traffic, to sense and avoid obstacles, and to sense its surroundings; [0029] sensor suite 102 data can provide localized traffic information. In this way, sensor suite 102 data from many autonomous vehicles can continually provide feedback to the mapping system and the high fidelity map can be updated as more and more information is gathered);
notable traffic or driving situations involving the vehicle or happening near the vehicle ([0028] the autonomous vehicle 110 uses sensor information from the sensor suite 102 to determine its location, to navigate traffic, to sense and avoid obstacles, and to sense its surroundings; [0155] Driving behavior may include a description of a controlled operation and movement of an autonomous vehicle and the manner in which the autonomous vehicle applies traffic rules during one or more driving sessions);
notable behavior of the occupant of the vehicle ([0035] Driving behavior of an autonomous vehicle may be modified according to explicit input or feedback (e.g., a passenger specifying a maximum speed or a relative comfort level), implicit input or feedback (e.g., a passenger's heart rate), or any other suitable data or manner of communicating driving behavior preferences);
notable interactions between multiple occupants of the vehicle (Fig. 5; [0004] Often, two or more passengers travel together in an autonomous vehicle to a planned event; [0017] FIG. 5 is a diagram illustrating an autonomous vehicle and passengers posing for a photo; [0073] FIG. 5 is a diagram 500 illustrating an autonomous vehicle 110 and two passengers 520 posing for a photo in front of a scenic mountain view);
notable interactions between the occupant of the vehicle and the vehicle ([0042] one or more microphones in the vehicle can be used to detect laughter, and detection of laughter can trigger image-capturing; [0045] One or more of speech analysis, detection of high decibel levels, and image analysis to detect a smile, can be used to identify the moment as one of interest and trigger in-vehicle cameras to capture one or more images);
trigger signals from the personal electronic device of the occupant ([0050] a user can use the rideshare app to trigger the one or more image capture event while the user (and some friends) strike poses for the photos); or
ingress or egress of the occupant of the vehicle.
With regard to claim 7, the limitations are addressed above and Stumpf teaches wherein:
the journey data comprises a driving history of the vehicle ([0029] sensor suite 102 data is used to detect selected events. In particular, data from the sensor suite 102 can be used to update a map with information used to develop layers with waypoints identifying selected events, the locations of the encountered events, and the frequency with which the events are encountered at the identified location),
the driving history comprises navigation data, environmental data, driving parameters, or status data of the vehicle ([0029] update a map with information used to develop layers with waypoints identifying selected events, the locations of the encountered events, and the frequency with which the events are encountered at the identified location), and
the selected aspects of the journey data are stored together with associated aspects of the driving history ([0029] sensor suite 102 data is used to detect selected events…sensor suite 102 data from many autonomous vehicles can continually provide feedback to the mapping system and the high fidelity map can be updated as more and more information is gathered).
With regard to claim 8, the limitations are addressed above and Stumpf teaches wherein the journey data having sensitive content is blocked from storage ([0052] the photos are filtered before being sent to a passenger, to blur or block out other people caught in the pictures and maintain their privacy; [0059] another vehicle may be blocking a view of a photogenic location. In other examples, construction prevents a view of a photogenic location).
With regard to claim 9, the limitations are addressed above and Stumpf teaches wherein:
the journey data comprises external data captured by other vehicles in an area of the vehicle during a respective driving situation ([0005] external sensors to capture a ride's most special moments in an easily shareable highlight reel format; [0032] other interior and/or exterior sensors can be used to detect that a passenger has exited the vehicle; [0055] In general, outside the vehicle, a picture may be captured if the map indicates the vehicle is at a great photo location (such as on a high hill overlooking the city), the weather is clear enough, and vehicle sensors don't indicate that there is an object (such as another vehicle) in the way of the shot; [0066] multiple vehicles can be used, such that if one rideshare vehicle passes another rideshare vehicle, the first rideshare vehicle can take a photo of the second rideshare vehicle) and the method further comprises:
wirelessly receiving the external data from the other vehicles ([0034] the onboard computer 104 is connected to the Internet via a wireless connection (e.g., via a cellular data connection). In some examples, the onboard computer 104 is coupled to any number of wireless or wired communication systems; [0082] the vehicles 710a-710c communicate wirelessly with a cloud 704 and a central computer 702) and considering the external data for the selected aspects of the journey data ([0005] external sensors to capture a ride's most special moments in an easily shareable highlight reel format; [0032] other interior and/or exterior sensors can be used to detect that a passenger has exited the vehicle; [0055] In general, outside the vehicle, a picture may be captured if the map indicates the vehicle is at a great photo location (such as on a high hill overlooking the city), the weather is clear enough, and vehicle sensors don't indicate that there is an object (such as another vehicle) in the way of the shot; [0066] multiple vehicles can be used, such that if one rideshare vehicle passes another rideshare vehicle, the first rideshare vehicle can take a photo of the second rideshare vehicle); or
wirelessly sharing the selected aspects of the journey data ([0005] external sensors to capture a ride's most special moments in an easily shareable highlight reel format; [0034] the onboard computer 104 is connected to the Internet via a wireless connection (e.g., via a cellular data connection). In some examples, the onboard computer 104 is coupled to any number of wireless or wired communication systems; [0082] the vehicles 710a-710c communicate wirelessly with a cloud 704 and a central computer 702) or data about user preferences or user interactions with the other vehicles ([0005] external sensors to capture a ride's most special moments in an easily shareable highlight reel format; [0032] other interior and/or exterior sensors can be used to detect that a passenger has exited the vehicle; [0055] In general, outside the vehicle, a picture may be captured if the map indicates the vehicle is at a great photo location (such as on a high hill overlooking the city), the weather is clear enough, and vehicle sensors don't indicate that there is an object (such as another vehicle) in the way of the shot; [0066] multiple vehicles can be used, such that if one rideshare vehicle passes another rideshare vehicle, the first rideshare vehicle can take a photo of the second rideshare vehicle).
With regard to claim 10, Stumpf teaches a system for automatized selection and documentation of personal highlights during journeys with a vehicle ([abstract] images from inside the vehicle and outside the vehicle, and can be used to create a highlight reel of the ride), the system comprising:
a vehicle sensor system (Fig. 1, sensor suite 102) configured to capture journey data continuously during a journey of the vehicle ([abstract] images from inside the vehicle and outside the vehicle, and can be used to create a highlight reel of the ride. The images can be captured automatically and include images of passengers during the ride); and
a control device ([0033] the onboard computer 104 controls and/or modifies driving behavior of the autonomous vehicle 110) configured to:
access the journey data captured during the journey of the vehicle (Fig. 2, 210; [abstract] images from inside the vehicle and outside the vehicle, and can be used to create a highlight reel of the ride. The images can be captured automatically and include images of passengers during the ride; [0083] The vehicle 710a-710c continues to capture images throughout the ride), the journey data comprising audio, image, or video data taken of an interior or an exterior of the vehicle (Fig. 4; [abstract] images can include images from inside the vehicle and outside the vehicle; [0022] the photos include images captured inside the vehicle with interior cameras);
store selected aspects of the journey data to a non-transient data storage ([0051] the generated media (i.e., captured images and/or a highlight reel) is stored in a cloud and associated with a user's account, such that the user has access to the media for a select period of time; [0079]; [0083] the vehicle 710a-710c uploads the images to the cloud 704, where they are saved for a selected period of time. Users may choose to transfer media to a personal cloud space or to download the media to a personal device) in response to a trigger criteria being met during the journey in an associated driving situation ([0009] the sensors is configured to capture a second set of images during the ride, and a central computing system configured to receive the first and second sets of images and link the images with a user account. The first set of images include views outside the vehicle and the second set of images include views inside the vehicle), wherein the selected aspects of the journey data comprise selected audio or video streams of limited length or selected images documenting the associated driving situation ([0024] providing an entertaining and memorable experience on a passenger's first ride along with photos and/or a highlight reel of the ride can help create a brand allegiance; [0025] The captured moments can be combined to create a highlight reel including one or more trips); and
generate a selection of personal journey highlights based on the selected aspects stored during the journey for presentation during or after the journey (Fig. 6A, 606; [0076] The first option, the “View Photos” button 606, allows a user to view the captured images. When the “view photos” button 606 is selected, the captured images are displayed individually such that the user can scroll through the images and select favorites; [0078] The second option, the “View Photo Reel” button 608, allows a user to view a highlight reel of captured images); and
retrieve the journey data from a personal electronic device of an occupant of the vehicle (Figs. 6A-6B; [0048] an app on the tablet in the vehicle allows users to manually take photos and videos of themselves inside the rideshare vehicle cabin. In some examples, users can use a button on a phone or device interface to instruct the in vehicle camera to capture the photo; [0072] the vehicle 402 includes additional sensors 408a, 408b, 408c, 408d, 408e for detecting special moments inside the vehicle…In some implementations, a user can choose to record an entire ride, including conversation that occurs inside the vehicle during the ride).
With regard to claim 13, the system claim corresponds to the method claim 4, respectively, and therefore is rejected with the same rationale.
With regard to claim 14, the system claim corresponds to the method claim 5, respectively, and therefore is rejected with the same rationale.
With regard to claim 15, the system claim corresponds to the method claim 6, respectively, and therefore is rejected with the same rationale.
With regard to claim 16, the system claim corresponds to the method claim 7, respectively, and therefore is rejected with the same rationale.
With regard to claim 17, the system claim corresponds to the method claim 8, respectively, and therefore is rejected with the same rationale.
With regard to claim 18, the system claim corresponds to the method claim 9, respectively, and therefore is rejected with the same rationale.
With regard to claim 19, Stumpf teaches a vehicle ([abstract] an autonomous vehicle ride) comprising:
a vehicle sensor system (Fig. 1, sensor suite 102) configured to capture journey data continuously during a journey of the vehicle ([abstract] images from inside the vehicle and outside the vehicle, and can be used to create a highlight reel of the ride. The images can be captured automatically and include images of passengers during the ride); and
a control device ([0033] the onboard computer 104 controls and/or modifies driving behavior of the autonomous vehicle 110) configured to:
access the journey data captured during the journey of the vehicle (Fig. 2, 210; [abstract] images from inside the vehicle and outside the vehicle, and can be used to create a highlight reel of the ride. The images can be captured automatically and include images of passengers during the ride; [0083] The vehicle 710a-710c continues to capture images throughout the ride), the journey data comprising audio, image, or video data taken of an interior or an exterior of the vehicle (Fig. 4; [abstract] images can include images from inside the vehicle and outside the vehicle; [0022] the photos include images captured inside the vehicle with interior cameras);
store selected aspects of the journey data to a non-transient data storage ([0051] the generated media (i.e., captured images and/or a highlight reel) is stored in a cloud and associated with a user's account, such that the user has access to the media for a select period of time; [0079]; [0083] the vehicle 710a-710c uploads the images to the cloud 704, where they are saved for a selected period of time. Users may choose to transfer media to a personal cloud space or to download the media to a personal device in response to a trigger criteria being met during the journey in an associated driving situation ([0009] the sensors is configured to capture a second set of images during the ride, and a central computing system configured to receive the first and second sets of images and link the images with a user account. The first set of images include views outside the vehicle and the second set of images include views inside the vehicle), wherein:
the selected aspects of the journey data comprise selected audio or video streams of limited length or selected images documenting the associated driving situation ([0024] providing an entertaining and memorable experience on a passenger's first ride along with photos and/or a highlight reel of the ride can help create a brand allegiance; [0025] The captured moments can be combined to create a highlight reel including one or more trips), and the trigger criteria comprises:
an occurrence of passing of points of interest along a route of the vehicle ([0028] the autonomous vehicle 110 uses sensor information from the sensor suite 102 to determine its location, to navigate traffic, to sense and avoid obstacles, and to sense its surroundings; [0029] sensor suite 102 data can provide localized traffic information. In this way, sensor suite 102 data from many autonomous vehicles can continually provide feedback to the mapping system and the high fidelity map can be updated as more and more information is gathered);
notable traffic or driving situations involving the vehicle; or happening in an area of the vehicle ([0028] the autonomous vehicle 110 uses sensor information from the sensor suite 102 to determine its location, to navigate traffic, to sense and avoid obstacles, and to sense its surroundings; [0155] Driving behavior may include a description of a controlled operation and movement of an autonomous vehicle and the manner in which the autonomous vehicle applies traffic rules during one or more driving sessions);
notable behavior of an occupant of the vehicle ([0035] Driving behavior of an autonomous vehicle may be modified according to explicit input or feedback (e.g., a passenger specifying a maximum speed or a relative comfort level), implicit input or feedback (e.g., a passenger's heart rate), or any other suitable data or manner of communicating driving behavior preferences);
notable interactions between multiple occupants of the vehicle ([0035] Driving behavior of an autonomous vehicle may be modified according to explicit input or feedback (e.g., a passenger specifying a maximum speed or a relative comfort level), implicit input or feedback (e.g., a passenger's heart rate), or any other suitable data or manner of communicating driving behavior preferences);
notable interactions between the occupant of the vehicle and the vehicle ([0042] one or more microphones in the vehicle can be used to detect laughter, and detection of laughter can trigger image-capturing; [0045] One or more of speech analysis, detection of high decibel levels, and image analysis to detect a smile, can be used to identify the moment as one of interest and trigger in-vehicle cameras to capture one or more images);
trigger signals from a personal electronic device of the occupant ([0050] a user can use the rideshare app to trigger the one or more image capture event while the user (and some friends) strike poses for the photos); or
ingress or egress of the occupant of the vehicle;
generate a selection of personal journey highlights based on the selected aspects stored during the journey for presentation during or after the journey (Fig. 6A, 606; [0076] The first option, the “View Photos” button 606, allows a user to view the captured images. When the “view photos” button 606 is selected, the captured images are displayed individually such that the user can scroll through the images and select favorites; [0078] The second option, the “View Photo Reel” button 608, allows a user to view a highlight reel of captured images); and
retrieve the journey data from the personal electronic device of the occupant of the vehicle (Figs. 6A-6B; [0048] an app on the tablet in the vehicle allows users to manually take photos and videos of themselves inside the rideshare vehicle cabin. In some examples, users can use a button on a phone or device interface to instruct the in vehicle camera to capture the photo; [0072] the vehicle 402 includes additional sensors 408a, 408b, 408c, 408d, 408e for detecting special moments inside the vehicle…In some implementations, a user can choose to record an entire ride, including conversation that occurs inside the vehicle during the ride).
With regard to claim 22, the limitations are addressed above and Stumpf teaches wherein the control device further is configured to successively refine the trigger criteria based on machine learning algorithms taking user preferences or user interactions into account ([0005] Machine learning can be used to automatically identify special moments during a ride. In some examples, an autonomous vehicle also provides a customizable manual photobooth experience; [0045] machine learning is used to identify moments that are worth capturing images of. In one example, the passengers include two friends who are having a great time and laughing hysterically in the cabin. One or more of speech analysis, detection of high decibel levels, and image analysis to detect a smile, can be used to identify the moment as one of interest and trigger in-vehicle cameras to capture one or more images).
Response to Arguments
Applicant's arguments filed 4-08-2026 have been fully considered but they are not persuasive. In the remarks, Applicant claims that the Stumpf reference fails to teach that “the journey data is retrieved from a personal electronic device of an occupant of the vehicle”. Examiner respectfully disagrees with Applicant:
Stumpf teaches a method and system for generating images from an autonomous vehicle ride [abstract]. Stumpf teaches images from inside the vehicle and outside the vehicle that can be used to create a highlight reel of the ride [abstract]. Additionally, Stumpf teaches retrieving the journey data from the personal electronic device of the occupant of the vehicle. Users can choose to record an entire ride (via his or her phone), and may include conversation that occurs inside the vehicle during the ride, according to [0072]. Which means that the users can record journey data while also being inside the vehicle [0072]. Users can also take photos and videos inside the rideshare vehicle [0048]. As such, the Stumpf reference allows users to record their journey data while using their persona device.
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 ANDREA C. LEGGETT whose telephone number is (571)270-7700. The examiner can normally be reached M-F 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kieu Vu can be reached at 571-272-4057. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANDREA C LEGGETT/Primary Examiner, Art Unit 2171
Prosecution Insights