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 .
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.
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 1-5,7,9,12,16-24,33-35,39, and 40 are rejected under 35 U.S.C. 103(a) as being unpatentable over Chan (US 20230106867 A1) (hereinafter Chan) in view of Lerzer(US 20210253119 A1) (hereinafter Lerzer) in further view of Morgan (CN 104584675 B) (hereinafter Morgan).
Regarding claim 1, Chan teaches a system comprising:
a communication module(The specification discloses the communication module refers to a system which enables the information exchange between two points. And includes a wired or wireless interface (e.g. a Universal Serial Bus (USB) port, a Bluetooth® wireless node, etc.) to connect to a mobile device. Similarly, Chan discloses Communications circuitry where a connection between two devices is established to send and receive signals. Chan, paragraph 41, Communications circuitry 227 may comprise wireless network transceiver 238 which may comprise any suitable hardware and/or software operable to send and receive wireless signals between vehicle 206 and external devices such as, for example, network or user devices. Chan, paragraph 33, user devices 102 and 104 may be configured to communicate with vehicle 106 using a short-range radio communication technique, such as, for example, Bluetooth low energy (BLE)) and a processor(Chan, paragraph 38, Vehicle 206 may comprise processing circuitry 216 which may comprise processor); and
wherein the processor storing instructions in a non-transitory memory that, when executed, cause the processor to(Chan, paragraph 38, Memory 220 may comprise hardware elements for non-transitory storage of commands or instructions, that, when executed by processor 218, cause processor 218 to operate vehicle 206 in accordance with embodiments described),
establish a first connection, by sending a first connection request via the communication module, to a first device(Chan discusses an option to pair a vehicle and a user device after receiving an input through a vehicle interface, indicating a request type signal being sent by the vehicle to establish a connection with a user device. Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface 226, and/or input interface 226 may be configured to receive selection (e.g., via haptic input or voice input) of an option to pair user device 202…with vehicle );
receive a first message from the first device, wherein the first message comprises an occupant profile comprising a vehicle setting(Similar to the message with vehicle settings for each profile, Chan discloses receiving specific settings from a profile of a user device connected to a vehicle. Chan, paragraph 53, Vehicle 406 may be configured to, based on information received from cloud 412, manage provisioned user devices, access user preferences (e.g., associated with a particular user profile, in order to provide to the user certain preferred vehicle settings));
establish a second connection, by sending a second connection request via the communication module, to a second device(The specification discloses a second device can used to identify a second occupant. Establishing a second communication is merely duplication of the first connection discussed above. Chan has secondary user profile, which is similar to the second device profile, with specific vehicle attribute settings and limited privilege. Chan, paragraph 89, the guest profile or secondary user’s profile may be loaded at vehicle 106, and the personalized driving experience of 1016 (e.g., tailored to the user and/or limiting features to the user, such as, for example, a valet mode or a showroom mode) may be provided to such user. Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface 226, and/or input interface 226 may be configured to receive selection (e.g., via haptic input or voice input) of an option to pair user device 202…with vehicle); and
receive a second message from the second device, wherein the second message comprises a limitation setting(A second message received from the second device is similar to Chan’s secondary user profile settings that are received from second user device with different vehicle settings. Chan, paragraph 66, In some embodiments, access limitations may be imposed by, e.g., a primary user on a secondary user (e.g., the first user may set a maximum speed at which the first vehicle may reach when the second user occupies the first vehicle). Chan, paragraph 89, the guest profile or secondary user’s profile may be loaded at vehicle 106, and the personalized driving experience of 1016 (e.g., tailored to the user and/or limiting features to the user).
While Chan teaches about establishing connection between a vehicle and a user device and receiving user profile information, it fails to disclose a vehicle system and method to determine an identity of an occupant; vehicle configuration that comprises a priority level.
However, Lerzer, which is in the same analogous art and that teaches about personalization device of a motor vehicle discloses a system and a method to determine an identity of an occupant(Lerzer, paragraph 16, identifying a driver of the motor vehicle is carried out, for example using a received sensor signal from a sensor device).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan with Lerzer to determine the identity of the occupant using different sensors installed on the vehicle. Even though Chan teaches identifying occupants by their profile after vehicle is connected to user device, it specifically fails to teach identifying occupant by vehicle sensors. Lerzer, however, addresses this deficiency with its plurality of occupant identifying sensors such as biometric sensors. By using Lerzer’s identification mechanism, it is possible to determine the driver’s identity using sensors installed on a vehicle. An automatic identification of the occupant saves time by reducing manual identification of a user. Additionally, the sensor identification system prohibits unauthorized users from using the vehicle by only allowing user with registered profiles.
While the combination of Chan and Lerzer teaches establishing a connection between a vehicle and device to determine personized settings, and identification of a user using vehicle sensors, it specifically fails to disclose vehicle configuration that comprises a priority level.
However, Morgan, which is in the same analogous art and that teaches about a portable configuration device for vehicle control discloses a setting of a vehicle configuration with a priority level(According to the specification, a priority level refers to an indicator associated with retaining authority or determining the overriding capacity of certain operation. Similarly, Morgan teaches identifying priority of settings as well as overriding a setting with another priority setting. Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting 170 relative to other user vehicle configuration settings Morgan, paragraph 56, user vehicle configuration settings 170 or components thereof that have the highest (or lowest) priority identifiers may be used instead of other user vehicle configuration settings. In this way, a user may override the preferences of another user (e.g., the preferences of the child) for the preferences of the vehicle configuration settings (e.g., the preferences of the parents)).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan and Lerzer with Morgan to determine priority settings and overriding settings with priority settings. Prioritization of settings is helpful in arbitrating simultaneous setting request received from different devices. For example, when a primary device and secondary device have different simultaneous setting request such as speed limit and radio preference, the speed limit takes the precedence as it is critical in the safety of a driver.
Regarding claim 2, the combination of Chan, Lerzer, and Morgan teaches the system of claim 1(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface… and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the communication module comprises a transmitter and a receiver (Chan has a transceiver that comprises both transmitter and receiver. Chan, paragraph 41, Communications circuitry 227 may comprise wireless network transceiver 238 which may comprise any suitable hardware and/or software operable to send and receive wireless signals between vehicle 206 and external devices such as, for example, network or user devices (e.g., user device 202 ).
Regarding claim 3, the combination of Chan, Lerzer, and Morgan teaches the system of claim 1(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the first device comprises one of a phone, a key fob, a smart card, a portable device with microchip, an identification card, a laptop, a personal computing device, a wearable device, and a badge(Chan, paragraph 4, the user device is a smartphone, key fob, or short-range wireless access device (e.g., key card or key wristband)).
Regarding claim 4, the combination of Chan, Lerzer, and Morgan teaches the system of claim 1(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the second device comprises one of a phone, a key fob, a smart card, a portable device with microchip, an identification card, a laptop, a personal computing device, a wearable device, and a badge(Chan, paragraph 4, the user device is a smartphone, key fob, or short-range wireless access device (e.g., key card or key wristband)).
Regarding claim 5, the combination of Chan, Lerzer, and Morgan teaches the system of claim 1(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the system further comprises an application on the first device operable to store the occupant profile( Chan, paragraph 45, user device 202 may be configured to store user account information and/or user profile information, and/or execute a mobile application configured to provide various functionalities) in a database(Chan, paragraph 47, Server 212 may maintain or otherwise be associated with one or more data stores or databases to store user account information and user profile information).
Regarding claim 7, the combination of Chan, Lerzer, and Morgan teaches the system of claim 1(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the vehicle setting comprises one or more of a seat setting, mirror setting, temperature setting, radio setting(Chan, paragraph 36, user profile and/or user account may store indications of any number of preferred vehicle attributes or user settings or preferences, e.g., profile alias, different seat positions for driver area or other passenger area, different mirror positions).
Regarding claim 9, the combination of Chan, Lerzer, and Morgan teaches the system of claim 7(Chan, paragraph 36, user profile and/or user account may store indications of any number of preferred vehicle attributes or user settings or preferences, e.g., profile alias, different seat positions for driver area or other passenger area, different mirror positions; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the mirror setting comprises one or more of a mirror tilt, a mirror angle, a mirror height, a mirror position(Chan, paragraph 36, user profile and/or user account may store indications of any number of preferred vehicle attributes or user settings or preferences, e.g., profile alias, different seat positions for driver area or other passenger area, different mirror positions).
Regarding claim 12. The system of claim 7(Chan, paragraph 36, user profile and/or user account may store indications of any number of preferred vehicle attributes or user settings or preferences, e.g., profile alias, different seat positions for driver area or other passenger area, different mirror positions; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the radio setting comprises one or more of preferred genres of content, audio playback settings, and a volume(Morgan, paragraph 38, comfortable control may include, but is not limited to: Temperature control, radio control, window control, volume control).
Regarding claim 16, the combination of Chan, Lerzer, and Morgan teaches the system of claim 1(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the occupant comprises one of a non-owner driver, an owner driver, and a passenger(Chan, paragraph 59, a user (e.g., John) associated with a particular user account may desire to allow a friend to drive vehicle 406, where John may be assigned a role of the owner of vehicle 406).
Regarding claim 17, the combination of Chan, Lerzer, and Morgan teaches the system of claim 1(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the occupant profile is stored in one or more of a local storage, a remote storage, and a cloud storage(Chan, paragraph 56, Cloud 412 may store multiple user profiles associated with the user account).
Regarding claim 18, the combination of Chan, Lerzer, and Morgan teaches the system of claim 1(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the system further determines the identity of the occupant via one or more sensors(Lerzer, paragraph 16,identifying a driver of the motor vehicle is carried out, for example using a received sensor signal from a sensor device).
Regarding claim 19, the combination of Chan, Lerzer, and Morgan teaches the system of claim 18(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the one or more sensors comprise a video camera, an RFID reader, a motion sensor, a weight sensor, a proximity sensor, a biometric scanner, a lidar sensor, a radar sensor, a light sensor, and an audio sensor(Lerzer, paragraph 04, A driver's identity can be detected and determined, for example, by various means or a combination of these means. Exemplary means are a key that is assigned to a user, logging in with a password and/or a personal identification number (“pin”), or by biometric identification or authentication of the user, for example by capturing a fingerprint).
Regarding claim 20, Chan teaches a method comprising: establish a first connection, by sending a first connection request via a communication module, to a first device(Chan discusses an option to pair a vehicle and a user device after receiving an input through a vehicle interface, indicating a request type signal being sent by the vehicle to establish a connection with a user device. Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface 226, and/or input interface 226 may be configured to receive selection (e.g., via haptic input or voice input) of an option to pair user device 202…with vehicle ); receiving a first message from the first device, wherein the first message comprises an occupant profile comprising a vehicle setting(Similar to the message with vehicle settings for each profile, Chan discloses receiving specific settings from a profile of a user device connected to a vehicle. Chan, paragraph 53, Vehicle 406 may be configured to, based on information received from cloud 412, manage provisioned user devices, access user preferences (e.g., associated with a particular user profile, in order to provide to the user certain preferred vehicle settings)); establishing a second connection, by sending a second connection request via the communication module, to a second device(The specification discloses a second device can used to identify a second occupant. Establishing a second communication is merely duplication of the first connection discussed above. Chan has secondary user profile, which is similar to the second device profile, with specific vehicle attribute settings and limited privilege. Chan, paragraph 89, the guest profile or secondary user’s profile may be loaded at vehicle 106, and the personalized driving experience of 1016 (e.g., tailored to the user and/or limiting features to the user, such as, for example, a valet mode or a showroom mode) may be provided to such user. Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface 226, and/or input interface 226 may be configured to receive selection (e.g., via haptic input or voice input) of an option to pair user device 202…with vehicle); and receiving a second message from the second device, wherein the second message comprises a limitation setting(A second message received from the second device is similar to Chan’s secondary user profile settings that are received from second user device with different vehicle settings. Chan, paragraph 66, In some embodiments, access limitations may be imposed by, e.g., a primary user on a secondary user (e.g., the first user may set a maximum speed at which the first vehicle may reach when the second user occupies the first vehicle). Chan, paragraph 89, the guest profile or secondary user’s profile may be loaded at vehicle 106, and the personalized driving experience of 1016 (e.g., tailored to the user and/or limiting features to the user).
While Chan teaches about establishing connection between a vehicle and a user device and receiving user profile information, it fails to disclose a vehicle system and method to determine an identity of an occupant; vehicle configuration that comprises a priority level.
However, Lerzer, which is in the same analogous art and that teaches about personalization device of a motor vehicle discloses a system and a method to determine an identity of an occupant(Lerzer, paragraph 16, identifying a driver of the motor vehicle is carried out, for example using a received sensor signal from a sensor device).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan with Lerzer to determine the identity of the occupant using different sensors installed on the vehicle. Even though Chan teaches identifying occupants by their profile after vehicle is connected to user device, it specifically fails to teach identifying occupant by vehicle sensors. Lerzer, however, addresses this deficiency with its plurality of occupant identifying sensors such as biometric sensors. By using Lerzer’s identification mechanism, it is possible to determine the driver’s identity using sensors installed on a vehicle. An automatic identification of the occupant saves time by reducing manual identification of a user. Additionally, the sensor identification system prohibits unauthorized users from using the vehicle by only allowing user with registered profiles.
While the combination of Chan and Lerzer teaches establishing a connection between a vehicle and device to determine personized settings, and identification of a user using vehicle sensors, it specifically fails to disclose vehicle configuration that comprises a priority level.
However, Morgan, which is in the same analogous art and that teaches about a portable configuration device for vehicle control discloses a setting of a vehicle configuration with a priority level(According to the specification, a priority level refers to an indicator associated with retaining authority or determining the overriding capacity of certain operation. Similarly, Morgan teaches identifying priority of settings as well as overriding a setting with another priority setting. Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting 170 relative to other user vehicle configuration settings Morgan, paragraph 56, user vehicle configuration settings 170 or components thereof that have the highest (or lowest) priority identifiers may be used instead of other user vehicle configuration settings. In this way, a user may override the preferences of another user (e.g., the preferences of the child) for the preferences of the vehicle configuration settings (e.g., the preferences of the parents)).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan and Lerzer with Morgan to determine priority settings and overriding settings with priority settings. Prioritization of settings is helpful in arbitrating simultaneous setting request received from different devices. For example, when a primary device and secondary device have different simultaneous setting request such as speed limit and radio preference, the speed limit takes the precedence as it is critical in the safety of a driver.
Regarding claim 21, the combination of Chan, Lerzer, and Morgan teaches the method of claim 20(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface… and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the communication module comprises a transmitter and a receiver(Chan has a transceiver that comprises both transmitter and receiver. Chan, paragraph 41, Communications circuitry 227 may comprise wireless network transceiver 238 which may comprise any suitable hardware and/or software operable to send and receive wireless signals between vehicle 206 and external devices such as, for example, network or user devices (e.g., user device 202).
Regarding claim 22, the combination of Chan, Lerzer, and Morgan teaches the method of claim 20(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the first device comprises any one of a phone, a key fob, an infotainment system, a portable device with microchip, an identification card, a laptop, a personal computing device, a wearable device and a badge(Chan, paragraph 4, the user device is a smartphone, key fob, or short-range wireless access device (e.g., key card or key wristband)).
Regarding claim 23, , the combination of Chan, Lerzer, and Morgan teaches the method of claim 20(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the second device comprises one of a phone, a key fob, a smart card, a portable device with microchip, an identification card, a laptop, a personal computing device, a wearable device, and a badge(Chan, paragraph 4, the user device is a smartphone, key fob, or short-range wireless access device (e.g., key card or key wristband)).
Regarding claim 24, the combination of Chan, Lerzer, and Morgan teaches the method of claim 20(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the method further comprises an application on the first device, to store the occupant profile(Chan, paragraph 45, user device 202 may be configured to store user account information and/or user profile information, and/or execute a mobile application configured to provide various functionalities)in a database(Chan, paragraph 47, Server 212 may maintain or otherwise be associated with one or more data stores or databases to store user account information and user profile information).
Regarding claim 33, the combination of Chan, Lerzer, and Morgan teaches the method of claim 20(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the occupant comprises one of a non-owner driver, an owner driver, and a passenger(Chan, paragraph 59, a user (e.g., John) associated with a particular user account may desire to allow a friend to drive vehicle 406, where John may be assigned a role of the owner of vehicle 406).
Regarding claim 34, the combination of Chan, Lerzer, and Morgan teaches the method of claim 20(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the occupant profile is stored in one or more of a local storage, a remote storage, and a cloud storage(Chan, paragraph 56, Cloud 412 may store multiple user profiles associated with the user account).
Regarding claim 35, Chan teaches a non-transitory computer-readable medium having stored thereon instructions executable by a computer system to perform operations comprising(Chan, paragraph 38, Memory 220 may comprise hardware elements for non-transitory storage of commands or instructions, that, when executed by processor 218, cause processor 218 to operate vehicle 206 in accordance with embodiments); establish a first connection, by sending a first connection request via a communication module, to a first device(Chan discusses an option to pair a vehicle and a user device after receiving an input through a vehicle interface, indicating a request type signal being sent by the vehicle to establish a connection with a user device. Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface 226, and/or input interface 226 may be configured to receive selection (e.g., via haptic input or voice input) of an option to pair user device 202…with vehicle ); receiving a first message from the first device, wherein the first message comprises an occupant profile comprising a vehicle setting(Similar to the message with vehicle settings for each profile, Chan discloses receiving specific settings from a profile of a user device connected to a vehicle. Chan, paragraph 53, Vehicle 406 may be configured to, based on information received from cloud 412, manage provisioned user devices, access user preferences (e.g., associated with a particular user profile, in order to provide to the user certain preferred vehicle settings)); establishing a second connection, by sending a second connection request via the communication module, to a second device(The specification discloses a second device can used to identify a second occupant. Establishing a second communication is merely duplication of the first connection discussed above. Chan has secondary user profile, which is similar to the second device profile, with specific vehicle attribute settings and limited privilege. Chan, paragraph 89, the guest profile or secondary user’s profile may be loaded at vehicle 106, and the personalized driving experience of 1016 (e.g., tailored to the user and/or limiting features to the user, such as, for example, a valet mode or a showroom mode) may be provided to such user. Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface 226, and/or input interface 226 may be configured to receive selection (e.g., via haptic input or voice input) of an option to pair user device 202…with vehicle); and receiving a second message from the second device, wherein the second message comprises a limitation setting(A second message received from the second device is similar to Chan’s secondary user profile settings that are received from second user device with different vehicle settings. Chan, paragraph 66, In some embodiments, access limitations may be imposed by, e.g., a primary user on a secondary user (e.g., the first user may set a maximum speed at which the first vehicle may reach when the second user occupies the first vehicle). Chan, paragraph 89, the guest profile or secondary user’s profile may be loaded at vehicle 106, and the personalized driving experience of 1016 (e.g., tailored to the user and/or limiting features to the user).
While Chan teaches about establishing connection between a vehicle and a user device and receiving user profile information, it fails to disclose a vehicle system and method to determine an identity of an occupant; vehicle configuration that comprises a priority level.
However, Lerzer, which is in the same analogous art and that teaches about personalization device of a motor vehicle discloses a system and a method to determine an identity of an occupant(Lerzer, paragraph 16, identifying a driver of the motor vehicle is carried out, for example using a received sensor signal from a sensor device).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan with Lerzer to determine the identity of the occupant using different sensors installed on the vehicle. Even though Chan teaches identifying occupants by their profile after vehicle is connected to user device, it specifically fails to teach identifying occupant by vehicle sensors. Lerzer, however, addresses this deficiency with its plurality of occupant identifying sensors such as biometric sensors. By using Lerzer’s identification mechanism, it is possible to determine the driver’s identity using sensors installed on a vehicle. An automatic identification of the occupant saves time by reducing manual identification of a user. Additionally, the sensor identification system prohibits unauthorized users from using the vehicle by only allowing user with registered profiles.
While the combination of Chan and Lerzer teaches establishing a connection between a vehicle and device to determine personized settings, and identification of a user using vehicle sensors, it specifically fails to disclose vehicle configuration that comprises a priority level.
However, Morgan, which is in the same analogous art and that teaches about a portable configuration device for vehicle control discloses a setting of a vehicle configuration with a priority level(According to the specification, a priority level refers to an indicator associated with retaining authority or determining the overriding capacity of certain operation. Similarly, Morgan teaches identifying priority of settings as well as overriding a setting with another priority setting. Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting 170 relative to other user vehicle configuration settings Morgan, paragraph 56, user vehicle configuration settings 170 or components thereof that have the highest (or lowest) priority identifiers may be used instead of other user vehicle configuration settings. In this way, a user may override the preferences of another user (e.g., the preferences of the child) for the preferences of the vehicle configuration settings (e.g., the preferences of the parents)).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan and Lerzer with Morgan to determine priority settings and overriding settings with priority settings. Prioritization of settings is helpful in arbitrating simultaneous setting request received from different devices. For example, when a primary device and secondary device have different simultaneous setting request such as speed limit and radio preference, the speed limit takes the precedence as it is critical in the safety of a driver.
Regarding claim 39, the combination of Chan, Lerzer, and Morgan teaches the non-transitory computer-readable medium of claim 35(Chan, paragraph 38, Memory 220 may comprise hardware elements for non-transitory storage of commands or instructions; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the occupant comprises one of a non-owner driver, an owner driver, and a passenger(Chan, paragraph 59, a user (e.g., John) associated with a particular user account may desire to allow a friend to drive vehicle 406, where John may be assigned a role of the owner of vehicle 406).
Regarding claim 40, the combination of Chan, Lerzer, and Morgan teaches the non-transitory computer-readable medium of claim 35(Chan, paragraph 38, Memory 220 may comprise hardware elements for non-transitory storage of commands or instructions; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the occupant profile is stored in one or more of a local storage, a remote storage, and a cloud storage(Chan, paragraph 56, Cloud 412 may store multiple user profiles associated with the user account).
Claims 6,25, and 36 are rejected under 35 U.S.C. 103(a) as being unpatentable over Chan (US 20230106867 A1) (hereinafter Chan) in view of Lerzer(US 20210253119 A1) (hereinafter Lerzer) in further view of Morgan (CN 104584675 B) (hereinafter Baur) in further view of Baur (DE 102018210902 A1) (hereinafter Baur).
Regarding claim 6, the combination of Chan, Lerzer, and Morgan teaches the system of claim 1(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the occupant profile further comprises occupant data comprising an age of the occupant(Lerzer , paragraph 32,the determination of a property of the at least one additional occupant, for example the determination of an age and/or a gender of the at least one additional occupant. Lerzer, paragraph 34, the determination of the classification of the at least one additional occupant can take place as a function of: a determined age. Lerzer, paragraph 31, user profiles can be provided that are tailored to a composition of specific people).
While the combination of Chan, Lerzer, and Morgan teaches about the establishing of connections, identification of an occupant, and the receiving of settings from user device, it specifically fails to disclose a profile comprising a height of the occupant, a weight of the occupant, and body size of the occupant.
However, Baur, which is in the same analogous art and that teaches about automatically determining a setting value of a vehicle component, discloses a profile where it comprises height of the occupant(Baur, Paragraph 12, the body measurements preferably include the hip point (H point), the body height. Baur, Paragraph 28 , the user ID is preferably in the form of a profile which comprises further information of the use), a weight of the occupant (Baur, Paragraph 27, the vehicle either receives the user-specific body data from a peripheral device or detects it itself, for example a driver's weight), and body size of the occupant(Baur, Paragraph 11 , the user-specific body data is a whole body picture, a body size, a weight, a dress size and / or a BMI of the user).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan, Lerzer, Morgan, with Baur’s profile information to include the height, weight, and body size to adjust vehicle settings for each occupants with different body frame. By including the height of the occupant, it is possible to adjust seat distance from pedals for proper leg extension. Additionally, mirror positioning can be configured based in the specific height of the occupant. Inclusion of body size of the occupant ensures optimal reach to steering wheel for different body frames. Furthermore, based in the body frame, it is possible to adjust the lumbar support that can assist in the comfort level of the occupant.
Regarding claim 25, the combination of Chan, Lerzer, and Morgan teaches the method of claim 20(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the occupant profile further comprises occupant data comprising an age of the occupant(Lerzer , paragraph 32,the determination of a property of the at least one additional occupant, for example the determination of an age and/or a gender of the at least one additional occupant. Lerzer, paragraph 34, the determination of the classification of the at least one additional occupant can take place as a function of: a determined age. Lerzer, paragraph 31, user profiles can be provided that are tailored to a composition of specific people).
While the combination of Chan, Lerzer, and Morgan teaches about the establishing of connections, identification of an occupant, and the receiving of settings from user device, it specifically fails to disclose a profile comprising a height of the occupant, a weight of the occupant, and a body size of the occupant.
However, Baur, which is in the same analogous art and that teaches about automatically determining a setting value of a vehicle component, discloses a profile where it comprises height of the occupant(Baur, Paragraph 12, the body measurements preferably include the hip point (H point), the body height. Baur, Paragraph 28 , the user ID is preferably in the form of a profile which comprises further information of the use), a weight of the occupant (Baur, Paragraph 27, the vehicle either receives the user-specific body data from a peripheral device or detects it itself, for example a driver's weight), and body size of the occupant(Baur, Paragraph 11 , the user-specific body data is a whole body picture, a body size, a weight, a dress size and / or a BMI of the user).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan, Lerzer, Morgan, with Baur’s profile information to include the height, weight, and body size to adjust vehicle settings for each occupants with different body frame. By including the height of the occupant, it is possible to adjust seat distance from pedals for proper leg extension. Additionally, mirror positioning can be configured based in the specific height of the occupant. Inclusion of body size of the occupant ensures optimal reach to steering wheel for different body frames. Furthermore, based in the body frame, it is possible to adjust the lumbar support that can assist in the comfort level of the occupant.
Regarding claim 36, the combination of Chan, Lerzer, and Morgan teaches the non-transitory computer-readable medium of claim 35(Chan, paragraph 38, Memory 220 may comprise hardware elements for non-transitory storage of commands or instructions; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the occupant profile further comprises occupant data comprising an age of the occupant(Lerzer , paragraph 32,the determination of a property of the at least one additional occupant, for example the determination of an age and/or a gender of the at least one additional occupant. Lerzer, paragraph 34, the determination of the classification of the at least one additional occupant can take place as a function of: a determined age. Lerzer, paragraph 31, user profiles can be provided that are tailored to a composition of specific people).
While the combination of Chan, Lerzer, and Morgan teaches about the establishing of connections, identification of an occupant, and the receiving of settings from user device, it specifically fails to disclose a profile comprising a height of the occupant, a weight of the occupant, and a body size of the occupant.
However, Baur, which is in the same analogous art and that teaches about automatically determining a setting value of a vehicle component, discloses a profile where it comprises height of the occupant(Baur, Paragraph 12, the body measurements preferably include the hip point (H point), the body height. Baur, Paragraph 28 , the user ID is preferably in the form of a profile which comprises further information of the use), a weight of the occupant (Baur, Paragraph 27, the vehicle either receives the user-specific body data from a peripheral device or detects it itself, for example a driver's weight), and body size of the occupant(Baur, Paragraph 11 , the user-specific body data is a whole body picture, a body size, a weight, a dress size and / or a BMI of the user).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan, Lerzer, Morgan, with Baur’s profile information to include the height, weight, and body size to adjust vehicle settings for each occupants with different body frame. By including the height of the occupant, it is possible to adjust seat distance from pedals for proper leg extension. Additionally, mirror positioning can be configured based in the specific height of the occupant. Inclusion of body size of the occupant ensures optimal reach to steering wheel for different body frames. Furthermore, based in the body frame, it is possible to adjust the lumbar support that can assist in the comfort level of the occupant.
Claims 8,11,13, and 14 are rejected under 35 U.S.C. 103(a) as being unpatentable over Chan (US 20230106867 A1) (hereinafter Chan) in view of Lerzer(US 20210253119 A1) (hereinafter Lerzer) in further view of Morgan (CN 104584675 B) (hereinafter Baur) in further view Penilla (US 20180059913 A1) (hereinafter Penilla).
Regarding claim 8, the combination of Chan, Lerzer, and Morgan teaches the system of claim 7(Chan, paragraph 36, user profile and/or user account may store indications of any number of preferred vehicle attributes or user settings or preferences, e.g., profile alias, different seat positions for driver area or other passenger area, different mirror positions; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver),
While the combination of Chan, Lerzer, and Morgan teaches about the establishing of connections, identification of an occupant, and the receiving of settings from user device, it fails to disclose a seat setting wherein the seat setting comprises one or more of a setting for a height of a seat, a recline of the seat, a lumbar support of the seat, an armrest height, and a temperature setting
However, Penilla , which is in the same analogous art and that teaches about vehicle data sharing with mobile devices, discloses a seat setting that includes adjusting a lumbar support of the seat (Penilla, paragraph 323, the control settings control one or more of seat positioning controls of the selected passenger seat…or lumbar support of the selected passenger seat).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan, Lerzer, and Morgan with Penilla to include the adjustment of a lumbar support of the seat for a user profile. By including lumbar support adjustment, it is possible to personalized the lumbar position for each drivers. This is specifically important to ensure the comfort level of drivers with back pain and senior drivers.
Regarding claim 11, the combination of Chan, Lerzer, and Morgan teaches the system of claim 7(Chan, paragraph 36, user profile and/or user account may store indications of any number of preferred vehicle attributes or user settings or preferences, e.g., profile alias, different seat positions for driver area or other passenger area, different mirror positions; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the temperature setting comprises a fan speed, a preferred temperature(Penilla, paragraph, 283, The controls shown include changing… temperature for the area directly around the passenger only and the fan speed for the vents directly around the passenger only), and tilt and position of vents of a HVAC system of the vehicle(Penilla, paragraph 283, The controls shown include but are not limited to changing the active fan position of the vent system).
Regarding claim 13, the combination of Chan, Lerzer, and Morgan teaches the system of claim 1(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the system is operable to transmit a third message from the vehicle to the first device(As discussed above, Chan discloses user device receiving signal with a specific setting from a profile, which is similar to a message. Receiving a third message is a mere duplication of parts. Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface 226, and/or input interface 226 may be configured to receive selection (e.g., via haptic input or voice input) of an option to pair user device 202…with vehicle ), wherein the third message comprises an identification data of the vehicle prior to the receiving of the first message(Chan’s paring request is similar to a third message as the pairing request to establish a connection between a user device and a vehicle indicates the request being sent before the first message which is the profile information exchange. Penilla, paragraph 161, the pairing request by the user’s mobile device can include identification of the vehicle that the user has come in close proximity to. Penilla, paragraph 37, the request is received from instructions processed by an application executing on the wireless device, the application being associated with a model of the vehicle and is obtained by the wireless device for the vehicle ).
Regarding claim 14, the combination of Chan, Lerzer, Morgan, and Penilla teaches the system of claim 13(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the vehicle setting that is received from the first device corresponds to the identification data of the vehicle(According to the specification, an identification data of a vehicle comprises one or more of a vehicle identification number, a make of the vehicle, a model of the vehicle. Penilla, paragraph 37, the request is received from instructions processed by an application executing on the wireless device, the application being associated with a model of the vehicle and is obtained by the wireless device for the vehicle.).
Claim 10 is rejected under 35 U.S.C. 103(a) as being unpatentable over Chan (US 20230106867 A1) (hereinafter Chan) in view of Lerzer(US 20210253119 A1) (hereinafter Lerzer) in further view of Morgan (CN 104584675 B) (hereinafter Morgan).
Regarding claim 10, the combination of Chan, Lerzer, and Morgan teaches the system of claim 7(Chan, paragraph 36, user profile and/or user account may store indications of any number of preferred vehicle attributes or user settings or preferences, e.g., profile alias, different seat positions for driver area or other passenger area, different mirror positions; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver),
While the combination of Chan, Lerzer, and Morgan teaches about adjusting mirror position, it specifically does not disclose a setting where the mirror setting is configured to adjust a mirror, wherein the mirror is one or more of a side-view and a rear-view mirror
However, Erfinder, which is in the same analogous art and that teaches about an adjustment system for adjusting a vehicle using a mobile device, discloses a setting where the mirror setting is configured to adjust a mirror, wherein the mirror is one or more of a side-view and a rear-view mirror(Erfinder, paragraph 15, the driver-specific vehicle settings include at least one of the following vehicle settings… an adjustment of a rear-view mirror).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan, Lerzer, and Morgan with Erfinder to adjust the rear-view mirror according to the profile of a specific driver. By including the rear-view mirror setting, it is possible to automatically adjust the position mirror to fit the driver’s preference angles, by eliminating manual work from the occupant.
Claims 15, 32, and 38 are rejected under 35 U.S.C. 103(a) as being unpatentable over Chan (US 20230106867 A1) (hereinafter Chan) in view of Lerzer(US 20210253119 A1) (hereinafter Lerzer) in further view of Morgan (CN 104584675 B) (hereinafter Morgan) in further view Penilla (US 20180059913 A1) (hereinafter Penilla) in further view of Boult (US 20110304465 A1) (hereinafter Boult) in further view of Maihoefer (DE 102013015737 A1) (hereinafter Maihoefer) in further view of Xiong (US 9758116 B2) (hereinafter Xiong).
Regarding claim 15, the combination of Chan, Lerzer, and Morgan teaches the system of claim 1(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the limitation setting comprises a maximum speed data(Chan, paragraph 36, the user profiles associated with vehicle 106 may be associated with same user or any number of different users. The user account may impose global settings that apply to each user profile associated with the user account (e.g., a top speed limit)), a time limit data(Penilla, paragraph 17, that the passenger privileges to settings and access to vehicle systems can set for any period or duration).
The combination of Chan, Lerzer, Morgan, and Penilla specifically fails to disclose a limitation setting with a maximum acceleration data, a sobriety verification requirement, and a geo fencing data.
However, Boult, which is in the same analogous art and that teaches about measuring impairment in an operator and stopping an impaired operator from operating a vehicle, discloses a sobriety verification requirement(Impairment measurement of Boult is similar to the sobriety measurement as it assesses the cognitive performance of an occupant. Boult also references a sobriety test confirmation system that verifies the sobriety of the user occupant before vehicle operation. Boult, paragraph 25, where the initial step has administrators, parole officers, rehab mentors, parents or otherwise concerned parties setting up the system wherein they follow installation instructions to set up the hardware system on the vehicle and then install the impairment measurement software on the chosen and already present display device, such as… smart phone. The administrator has the option of inputting and setting a variety of parameters related to each driver that needs to be monitored. Several such driver profiles can be created. When the system is in operation, the driver turns the ignition key to the accessory position and is then prompted on the display device to complete a series of evaluations. Upon completion, a score is computed by the impairment measurement unit as to whether the driver has the necessary cognitive function, reaction time and alertness to operate the vehicle. This score is sent to the hardware device, called the vehicle disabling unit, and this unit either allows the vehicle to start, or continues to disable it. Boult, paragraph 22, system that prevents a vehicle or other equipment from being started unless the identity of a designated operator is confirmed by the system and the operator passes a breath sobriety test).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan, Lerzer, Morgan, and, Penilla with Boult impairment measurement(sobriety measurement) system to prevent an intoxicated driver from operating a vehicle. By checking the sobriety status of drivers and detecting substance present in their bloodstream, it is possible to prohibit them from driving a vehicle. This prevents traffic accidents and causalities that can occur due to unfit drivers.
The combination of Chan, Lerzer, Morgan, Penilla, and Boult fails to disclose a profile with a limitation setting comprising a maximum acceleration data, and a geo fencing data.
However, Maihoefer, which is in the same analogous art and that teaches about configuration of a motor vehicle using a user-specific data, discloses setting with a geo fencing data(Maihoefer, paragraph 12, A specific geofencing region for a specific vehicle can only be defined individually for a specific user and a specific vehicle).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan, Lerzer, Morgan, Penilla, and Boult with Maihoefer geofencing system to restrict a specific drivers from operating outside a determined geographical area. Maihoefer geofencing helps users from driving a vehicle outsides predetermined area. For example, a restriction of guest profiles such as valet attendants with geofencing limitation will not be able to drive an owner’s vehicle outside a parking lot.
The combination of Chan, Lerzer, Morgan, Penilla, Boult, and Maihoefer fails to disclose a profile with a limitation setting comprising of a maximum acceleration data.
However, Xiong, which is in the same analogous art and that teaches about the configuration of an automobile with presets settings associated with a user disclose a profile with a limitation of a maximum acceleration data(Xiong discusses creating profiles for users where each profiles can have a preset configuration including acceleration limit, which is similar to maximum acceleration. Xiong, col. 6 line 52, some pre-sets may include one or more pre-sets corresponding to… acceleration limits. Xiong, col.25, line 15,embodiments allow vehicle owners to create and/or a vehicle to learn custom sets of pre-set profiles, for multiple users of the vehicle, which can automatically be activated (and in some instances be applied in a single action)).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings Chan, Lerzer, Morgan, Penilla, Boult, and Maihoefer with Xiong to include an acceleration limit to a specific user when using a vehicle. By including maximum acceleration limit, it is possible to restrict unsafe acceleration from specific drivers such as teen drivers, valet attendants, or guest drivers. Additionally, limited acceleration prevents excessive fuel consumption.
Regarding claim 32, the combination of Chan, Lerzer, Morgan, and Penilla teaches the method of claim 20(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the limitation setting comprises a maximum speed data(Chan, paragraph 36, the user profiles associated with vehicle 106 may be associated with same user or any number of different users. The user account may impose global settings that apply to each user profile associated with the user account (e.g., a top speed limit)), a time based data(Penilla, paragraph 17, that the passenger privileges to settings and access to vehicle systems can set for any period or duration)
The combination of combination of Chan, Lerzer, Morgan, and Penilla specifically fails to disclose a limitation setting with a maximum acceleration data, a sobriety verification requirement, and a geo fencing data.
However, Boult, which is in the same analogous art and that teaches about measuring impairment in an operator and stopping an impaired operator from operating a vehicle, discloses a sobriety verification requirement(Impairment measurement of Boult is similar to the sobriety measurement as it assesses the cognitive performance of an occupant. Boult also references a sobriety tests confirmation system that verifies the sobriety of the user occupant before vehicle operation. Boult, paragraph 25, where the initial step has administrators, parole officers, rehab mentors, parents or otherwise concerned parties setting up the system wherein they follow installation instructions to set up the hardware system on the vehicle and then install the impairment measurement software on the chosen and already present display device, such as…smart phone. The administrator has the option of inputting and setting a variety of parameters related to each driver that needs to be monitored. Several such driver profiles can be created. When the system is in operation, the driver turns the ignition key to the accessory position and is then prompted on the display device to complete a series of evaluations. Upon completion, a score is computed by the impairment measurement unit as to whether the driver has the necessary cognitive function, reaction time and alertness to operate the vehicle. This score is sent to the hardware device, called the vehicle disabling unit, and this unit either allows the vehicle to start, or continues to disable it. Boult, paragraph 22, system that prevents a vehicle or other equipment from being started unless the identity of a designated operator is confirmed by the system and the operator passes a breath sobriety test).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan, Lerzer, Morgan, and, Penilla with Boult impairment measurement(sobriety measurement) system to prevent an intoxicated driver from operating a vehicle. By checking the sobriety status of drivers and detecting substance present in their bloodstream, it is possible to prohibit them from driving a vehicle. This prevents traffic accidents and causalities that can occur due to unfit drivers.
The combination of Chan, Lerzer, Morgan, Penilla, and Boult fails to disclose a profile with a limitation setting comprising a maximum acceleration data, and a geo fencing data.
However, Maihoefer, which is in the same analogous art and that teaches about configuration of a motor vehicle using a user-specific data, discloses setting with a geo fencing data(Maihoefer, paragraph 12, A specific geofencing region for a specific vehicle can only be defined individually for a specific user and a specific vehicle).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan, Lerzer, Morgan, Penilla, and Boult with Maihoefer geofencing system to restrict a specific drivers from operating outside a determined geographical area. Maihoefer geofencing helps users from driving a vehicle outsides predetermined area. For example, a restriction of guest profiles such as valet attendants with geofencing limitation will not be able to drive an owner’s vehicle outside a parking lot.
The combination of Chan, Lerzer, Morgan, Penilla, Boult, and Maihoefer fails to disclose a profile with a limitation setting comprising of a maximum acceleration data.
However, Xiong, which is in the same analogous art and that teaches about the configuration of an automobile with presets settings associated with a user disclose a profile with a limitation of a maximum acceleration data(Xiong discusses creating profiles for users where each profiles can have a preset configuration including acceleration limit, which is similar to maximum acceleration. Xiong, col. 6 line 52, some pre-sets may include one or more pre-sets corresponding to… acceleration limits. Xiong, col.25, line 15,embodiments allow vehicle owners to create and/or a vehicle to learn custom sets of pre-set profiles, for multiple users of the vehicle, which can automatically be activated (and in some instances be applied in a single action)).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings Chan, Lerzer, Morgan, Penilla, Boult, and Maihoefer with Xiong to include an acceleration limit to a specific user when using a vehicle. By including maximum acceleration limit, it is possible to restrict unsafe acceleration from specific drivers such as teen drivers, valet attendants, or guest drivers. Additionally, limited acceleration prevents excessive fuel consumption.
Regarding claim 38, the combination of Chan, Lerzer, and Morgan teaches the non-transitory computer-readable medium of claim 35(Chan, paragraph 38, Memory 220 may comprise hardware elements for non-transitory storage of commands or instructions; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the limitation setting comprises a maximum speed data(Chan, paragraph 36, the user profiles associated with vehicle 106 may be associated with same user or any number of different users. The user account may impose global settings that apply to each user profile associated with the user account (e.g., a top speed limit)), , a time based data(Penilla, paragraph 17, that the passenger privileges to settings and access to vehicle systems can set for any period or duration)
The combination of Chan, Lerzer, Morgan, and Penilla specifically fails to disclose a limitation setting with a maximum acceleration data, a sobriety verification requirement, and a geo fencing data.
However, Boult, which is in the same analogous art and that teaches about measuring impairment in an operator and stopping an impaired operator from operating a vehicle, discloses a sobriety verification requirement(Impairment measurement of Boult is similar to the sobriety measurement as it assesses the cognitive performance of an occupant. Boult also references a sobriety test confirmation system that verifies the sobriety of the user occupant before vehicle operation. Boult, paragraph 25, where the initial step has administrators, parole officers, rehab mentors, parents or otherwise concerned parties setting up the system wherein they follow installation instructions to set up the hardware system on the vehicle and then install the impairment measurement software on the chosen and already present display device, such as… smart phone. The administrator has the option of inputting and setting a variety of parameters related to each driver that needs to be monitored. Several such driver profiles can be created. When the system is in operation, the driver turns the ignition key to the accessory position and is then prompted on the display device to complete a series of evaluations. Upon completion, a score is computed by the impairment measurement unit as to whether the driver has the necessary cognitive function, reaction time and alertness to operate the vehicle. This score is sent to the hardware device, called the vehicle disabling unit, and this unit either allows the vehicle to start, or continues to disable it. Boult, paragraph 22, system that prevents a vehicle or other equipment from being started unless the identity of a designated operator is confirmed by the system and the operator passes a breath sobriety test).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan, Lerzer, Morgan, and, Penilla with Boult impairment measurement(sobriety measurement) system to prevent an intoxicated driver from operating a vehicle. By checking the sobriety status of drivers and detecting substance present in their bloodstream, it is possible to prohibit them from driving a vehicle. This prevents traffic accidents and causalities that can occur due to unfit drivers.
The combination of Chan, Lerzer, Morgan, Penilla, and Boult fails to disclose a profile with a limitation setting comprising a maximum acceleration data, and a geo fencing data.
However, Maihoefer, which is in the same analogous art and that teaches about configuration of a motor vehicle using a user-specific data, discloses setting with a geo fencing data(Maihoefer, paragraph 12, A specific geofencing region for a specific vehicle can only be defined individually for a specific user and a specific vehicle).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan, Lerzer, Morgan, Penilla, and Boult with Maihoefer geofencing system to restrict a specific drivers from operating outside a determined geographical area. Maihoefer geofencing helps users from driving a vehicle outsides predetermined area. For example, a restriction of guest profiles such as valet attendants with geofencing limitation will not be able to drive an owner’s vehicle outside a parking lot.
The combination of Chan, Lerzer, Morgan, Penilla, Boult, and Maihoefer fails to disclose a profile with a limitation setting comprising of a maximum acceleration data.
However, Xiong, which is in the same analogous art and that teaches about the configuration of an automobile with presets settings associated with a user disclose a profile with a limitation of a maximum acceleration data(Xiong discusses creating profiles for users where each profiles can have a preset configuration including acceleration limit, which is similar to maximum acceleration. Xiong, col. 6 line 52, some pre-sets may include one or more pre-sets corresponding to… acceleration limits. Xiong, col.25, line 15,embodiments allow vehicle owners to create and/or a vehicle to learn custom sets of pre-set profiles, for multiple users of the vehicle, which can automatically be activated (and in some instances be applied in a single action)).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings Chan, Lerzer, Morgan, Penilla, Boult, and Maihoefer with Xiong to include an acceleration limit to a specific user when using a vehicle. By including maximum acceleration limit, it is possible to restrict unsafe acceleration from specific drivers such as teen drivers, valet attendants, or guest drivers. Additionally, limited acceleration prevents excessive fuel consumption.
Claims 26, 28, and 31 are rejected under 35 U.S.C. 103(a) as being unpatentable over Chan (US 20230106867 A1) (hereinafter Chan) in view of Lerzer(US 20210253119 A1) (hereinafter Lerzer) in further view of Morgan (CN 104584675 B) (hereinafter Morgan) in further view of Burger (US 20150025705 A1) (hereinafter Burger).
Regarding claim 26, the combination of Chan, Lerzer, and Morgan teaches the method of claim 21(Chan, paragraph 39, a driver of vehicle 206 may be permitted to select certain settings in connection with the operation of vehicle 206 via input interface…and an option to pair user device 202…with vehicle; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the vehicle setting comprises a seat setting, a mirror setting(Chan, paragraph 36, user profile and/or user account may store indications of any number of preferred vehicle attributes or user settings or preferences, e.g., profile alias, different seat positions for driver area or other passenger area, different mirror positions), a temperature setting, and a radio setting(Morgan, paragraph 38, the comfort control circuit 162 may control any one or more comfort controls of the vehicle 110. Such comfortable control may include, but is not limited to: Temperature control, radio control),
The combination of Chan, Lerzer, and Morgan fails to teaches vehicle setting which comprises a routing information.
However, Burger, which is in the same analogous art and that teaches about driver profile control module configured to establish one or more driver profiles associated with the driver specific identifier, discloses vehicle system which comprises accessing a routing information(Burger, paragraph 14, External communication system 14 may include an Internet access point 34 and a global positioning system (GPS) device 36. Internet access point 34 enables a driver and/or a passenger to access the Internet, send text messages and the like. GPS device 36 includes maps and route information).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan, Lerzer, and Morgan with Burger to deliver a personized routing information for a specific driver. Personalization information help with active navigation and custom-made maps that help retrieve traffic conditions for each registered profiles.
Regarding claim 28, the combination of Chan, Lerzer, Morgan, and Burger teaches the method of claim 26, wherein the mirror setting comprises one or more of a mirror tilt, a mirror angle, a mirror height, a mirror position(Chan, paragraph 36, user profile and/or user account may store indications of any number of preferred vehicle attributes or user settings or preferences, e.g., profile alias, different seat positions for driver area or other passenger area, different mirror positions).
Regarding claim 31, the combination of Chan, Lerzer, Morgan, and Burger teaches the method of claim 26(Chan, paragraph 36, user profile and/or user account may store indications of any number of preferred vehicle attributes or user settings or preferences, e.g., profile alias, different seat positions for driver area or other passenger area, different mirror positions; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the radio setting comprises one or more of preferred genres of content, audio playback settings, and a volume(Morgan, paragraph 38, comfortable control may include, but is not limited to: Temperature control, radio control, window control, volume control).
Claims 27 and 30 are rejected under 35 U.S.C. 103(a) as being unpatentable over Chan (US 20230106867 A1) (hereinafter Chan) in view of Lerzer(US 20210253119 A1) (hereinafter Lerzer) in further view of Morgan (CN 104584675 B) (hereinafter Morgan) in further view of Burger (US 20150025705 A1) (hereinafter Burger) in further view of Penilla (US 20180059913 A1) (hereinafter Penilla).
Regarding claim 27, the combination of Chan, Lerzer, Morgan, and Burger teaches the method of claim 26(Chan, paragraph 36, user profile and/or user account may store indications of any number of preferred vehicle attributes or user settings or preferences, e.g., profile alias, different seat positions for driver area or other passenger area, different mirror positions; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver; Burger, paragraph 14, route information), wherein the seat setting comprises one or more of a setting for a height of a seat, a recline of the seat, a lumbar support of the seat, an armrest height, and a temperature setting.
While the combination of Chan, Lerzer, Morgan, and Burger teaches about the establishing of connections, identification of an occupant, and the receiving of settings from user device, it fails to disclose a seat setting wherein the seat setting comprises one or more of a setting for a height of a seat, a recline of the seat, a lumbar support of the seat, an armrest height, and a temperature setting.
However, Penilla, which is in the same analogous art and that teaches about vehicle data sharing with mobile devices, discloses a seat setting that includes adjusting a lumbar support of the seat (Penilla, paragraph 323, the control settings control one or more of seat positioning controls of the selected passenger seat…or lumbar support of the selected passenger seat).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan, Lerzer, Morgan, and Burger with Penilla to include the adjustment of a lumbar support of the seat for a user profile. By including lumbar support adjustment, it is possible to personalized the lumbar position for each drivers. This is specifically important to ensure the comfort level of drivers with back pain and senior drivers.
Regarding claim 30, the combination of Chan, Lerzer, Morgan, and Burger teaches the method of claim 26(Chan, paragraph 36, user profile and/or user account may store indications of any number of preferred vehicle attributes or user settings or preferences, e.g., profile alias, different seat positions for driver area or other passenger area, different mirror positions; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the temperature setting comprises a fan speed, a preferred temperature(Penilla, paragraph, 283, The controls shown include changing… temperature for the area directly around the passenger only and the fan speed for the vents directly around the passenger only), and tilt and position of vents of a HVAC system of the vehicle(Penilla, paragraph 283, The controls shown include but are not limited to changing the active fan position of the vent system).
Claim 29 is rejected under 35 U.S.C. 103(a) as being unpatentable over Chan (US 20230106867 A1) (hereinafter Chan) in view of Lerzer(US 20210253119 A1) (hereinafter Lerzer) in further view of Morgan (CN 104584675 B) (hereinafter Morgan) in further view of Burger (US 20150025705 A1) (hereinafter Burger) in further view of Erfinder (DE 102021132009 A1) (hereinafter Erfinder).
Regarding claim 29, the combination of Chan, Lerzer, Morgan, and Burger teaches the method of claim 26(Chan, paragraph 36, user profile and/or user account may store indications of any number of preferred vehicle attributes or user settings or preferences, e.g., profile alias, different seat positions for driver area or other passenger area, different mirror positions; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver).
While the combination of Chan, Lerzer, Morgan, and Burger teaches about adjusting mirror position, it specifically does not disclose a setting wherein mirror setting is configured to adjust a mirror, wherein the mirror is one or more of a side-view and a rear-view mirror.
However, Erfinder, which is in the same analogous art and that teaches about an adjustment system for adjusting a vehicle using a mobile device, discloses a setting wherein mirror setting is configured to adjust a mirror, wherein the mirror is one or more of a side-view and a rear-view mirror(Erfinder, paragraph 15, the driver-specific vehicle settings include at least one of the following vehicle settings… an adjustment of a rear-view mirror).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan, Lerzer, Morgan, and Burger with Erfinder to adjust the rear-view mirror according to the profile of a specific driver. By including the rear-view mirror setting, it is possible to automatically adjust the position mirror to fit the driver’s preference angles, by eliminating manual work from the occupant.
Claim 37 is rejected under 35 U.S.C. 103(a) as being unpatentable over Chan (US 20230106867 A1) (hereinafter Chan) in view of Lerzer(US 20210253119 A1) (hereinafter Lerzer) in further view of Morgan (CN 104584675 B) (hereinafter Morgan) ) in further view of Burger (US 20150025705 A1) (hereinafter Burger).
Regarding claim 37, the combination of Chan, Lerzer, and Morgan teaches the non-transitory computer-readable medium of claim 35(Chan, paragraph 38, Memory 220 may comprise hardware elements for non-transitory storage of commands or instructions; Morgan, paragraph 73, the priority identifier identifies the priority of the user vehicle configuration setting; Lerzer, paragraph 16, identifying a driver), wherein the vehicle setting comprises a seat setting, a mirror setting(Chan, paragraph 36, user profile and/or user account may store indications of any number of preferred vehicle attributes or user settings or preferences, e.g., profile alias, different seat positions for driver area or other passenger area, different mirror positions), a temperature setting, a radio setting(Morgan, paragraph 38, the comfort control circuit 162 may control any one or more comfort controls of the vehicle 110. Such comfortable control may include, but is not limited to: Temperature control, radio control).
The combination of Chan, Lerzer, and Morgan fails to teaches vehicle setting which comprises a routing information.
However, Burger, which is in the same analogous art and that teaches about driver profile control module configured to establish one or more driver profiles associated with the driver specific identifier, discloses vehicle system which comprises accessing a routing information(Burger, paragraph 14, External communication system 14 may include an Internet access point 34 and a global positioning system (GPS) device 36. Internet access point 34 enables a driver and/or a passenger to access the Internet, send text messages and the like. GPS device 36 includes maps and route information).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Chan, Lerzer, and Morgan with Burger to deliver a personized routing information for a specific driver. Personalization information help with active navigation and custom-made maps that help retrieve traffic conditions for each registered profiles.
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant’s
disclosure.
Lee(KR 20220101391 A) discloses setting priority for seat, rearview mirror, side mirrors, etc. to a high priority in relation to the driver's boarding, and provide a driving list of the navigation in relation to driving the vehicle, or set the setting for the driving mode to the next priority.
Toohy, Paragraph 13 teaches a profile information that may include the user's physical characteristics such as height and weight for establishing a driving comfort range.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BESUFEKAD LEMMA TESSEMA whose telephone number is (571)272-6850. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm.
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, Hunter Lonsberry can be reached at 5712727298. 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.
/BESUFEKAD LEMMA TESSEMA/Examiner, Art Unit 3665
/HUNTER B LONSBERRY/Supervisory Patent Examiner, Art Unit 3665
Prosecution Insights