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
The following is a quotation of 35 U.S.C. 103(a) 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 17-20 are rejected under 35 U.S.C. 103 as being obvious over Nagata (US 2021/0245711 A1).
The applied reference has a common assignee with the instant application.
Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Regarding claim 17, Nagata discloses a proximity-based vehicle security system in which the vehicle sensors (120), which includes one or more cameras (120a, 120b), of the vehicle (102a-b) capture the unusual activity or object in the environment surrounding the vehicle (see paragraph 0021; 0033); an electronic control unit, which is the ECU (112), coupled to the vehicle sensors (120) configured to receive the surrounding environment data (e.g., image data) from the objects within the surrounding environment of the vehicle (102a, 102b); wherein the ECU (112) is specifically designed for sensing, detecting, measuring and/or otherwise determining or obtaining the various parameters to detect an unusual activity or object and activate various sensors and cameras surrounding the vehicle 102a (see paragraphs 0025, and 0026).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the proximity-based vehicle security system as taught by Nagata to arrive at the claimed invention. A person of ordinary skill, ordinary creativity would have been motivated to do so, with a reasonable expectation of success, for the purpose of recording a suspicious activity from a vehicle adjacent to the host vehicle when the suspicious vehicle is in the field-of-view and stopping when it stays out of the field-of-view, and therefore saving significant memory as well as energy as compared to “always-on” recording.
Regarding claim 18, in Nagata, the security system, which includes the electronic control unit (112), tracks and follows the unusual activity or object as the objects exits the field-of-view of the vehicle camera by additionally activating another camera in proximity to the vehicle (see paragraph 0017). The ECU (112) is configured to detect an unusual activity or object and activate various sensors and cameras surrounding the vehicle (102a) (see paragraph 0025).
Regarding claim 19, in Nagata, the vehicle (102a, 102b) may be an electric vehicle (see paragraph 0023), and the vehicle (102c) is the vehicle moves in proximity of the vehicle (102a, 102b). The vehicle (102c) is not defined as an electric vehicle. The vehicle (102c) is identified as the object within the surrounding environment.
Regarding claim 20, in Naga the vehicle (102c) is shown as a lead vehicle and the vehicle (102) appears to be a follow vehicle (see Fig. 5).
Allowable Subject Matter
The applicant’s amendment and remarks have been fully considered and persuasive. The prior art rejection applicable to claims 1-12, and 14-16 has been withdrawn. Claims 1-12, 14-16, and 21 are now set in a condition for allowance.
Response to Arguments
Applicant’s arguments with respect to claims 17-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusions
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan C To whose telephone number is (571) 272-6985. The examiner can normally be reached on from 6:00AM to 2:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Vivek D Koppikar, can be reached on (571) 272-5109.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TUAN C TO/Primary Examiner, Art Unit 3667