DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendments/Arguments
2. With respect to 102/103 rejection, Applicant has amended the independent claim 11 by incorporation of claim 12. Claim 12 were previously indicated as allowed in view of the prior art of record. Thus, Claim 11 and it dependent claims 13-19 and 21-23 are as allowed in view of the prior art of record.
With respect to 101 abstract idea rejection, Applicant argues on page 2 of the Remarks that “amended claim 11 reflects an improvement to the technology or technical field of out-vehicle user interaction as the need for manual operation of the external vehicle audio system is reduced and the quality of the automatically adjusted user interaction is improved. Therefore, amended claim 1 integrates the alleged judicial exception into a practical application, i.e., a vehicle external audio system- based user interaction process.”
In response, Examiner respectfully notes that identifying features of an approaching person and start recommending verbally some products based on identified features is mental processes. The present process uses controller of the vehicle, a vehicle external audio system as tools to implement an otherwise abstract mental process practically performed by a human. Identifying features of the approaching person and recommending verbally some products based on identified features produces relevant advertisements. Since the improvement is a part of the abstract mental process, it would not available to qualify as an improvement to technology in Step 2A, Prong Two.
With respect to Step 2B, Applicant argues on pages 2-3 of the Remarks that “Even if assuming claim 11 does not integrate the alleged judicial exception into a practical application under Step 2A, Prong Two, the additional elements recited in claim 11 amount to significantly more than the alleged judicial exception. Accordingly, the additional elements contribute an inventive concept that transforms the alleged judicial exception into a patent-eligible application.
The above-described additional elements recited in amended claim 11, in particular, the claim features relating to the controlling the vehicle external audio system to emit a sales voice matching the identity feature with a voice feature matching the identity feature, are not well- understood, routine, or conventional in the field. Further, the additional elements, in combination, reflect an improvement to the technology or technical field of controlling the vehicle external audio system, as explained above. Therefore, the additional elements recited in amended claim 11 amount to significantly more than the alleged judicial exception.”
In response, Examiner respectfully notes that in Step 2B, the part of the eligibility analysis evaluates whether the claim as a whole amounts to significantly more than the recited exception, i.e., whether any additional element, or combination of additional elements, adds an inventive concepts to the claim. See MPEP 2106.05.
Claims recites additional elements of “controller of the vehicle”, “the vehicle external audio system” as recited in Claim 11, “a biological sensor” as recited in Claim 16 and “an external camera” and “a projector” as recited in Claim 23 are at best mere instruction to “apply” the abstract ideas of producing relevant advertisements, which cannot provide an inventive concept. See MPEP 2106.05(f).
Applicant’s arguments are not persuasive, and thus for these reasons, Examiner respectfully disagrees. The 101 Abstract idea rejection is maintained.
Claim Objections
3. Claims 13-15, 17-19 and 21-23 is objected to because of the following informalities: improper dependent claims. Claim 12 is cancelled. Claims 13-15, 17-19 and 21-23 depend on Claim 12. Claims 13-15, 17-19 and 21-23 depends on cancelled claim. For compact prosecution, Examiner interprets claims 13-15, 17-19 and 21-23 depends on Claim 11. The reason is Applicant incorporates original Claim 12 into Claim 11 and cancel Claim 12. Appropriate correction is required.
Examiner would like Applicant indicates status of claim 16 is original. Thus, Claim 16 should be:
16. (Original) The method according to claim 15, wherein …
Claim Rejections - 35 USC § 101
4. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
5. Claims 11, 13-19 and 21-23 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) because the claim(s) as a whole, considering all claim elements both individually and in combination, do not amount to significantly more than an abstract idea. Claims 11, 13-19 and 21-23 are directed to the abstract idea of mental processes.
Claim 11 recites
“in response to recognizing that a person approaches a vehicle, switching a vehicle external audio system from a standby state to a working state including in response to recognizing that the person approached the vehicle, obtaining an identity feature of the person, the identity feature including at least biological features and/or physical features; and
controlling the vehicle external audio system to perform voice interaction with the person based on a predetermined marketing strategy, including controlling the vehicle external audio system to emit a sales voice matching the identity feature with a voice feature matching the identity feature.”
The limitations recited in claim as drafted cover mental processes. More specifically, a human could identify some features of a person who is approach the human (e.g., hair’s color, height, men/women, young/old…), then the human could start recommending verbally some products based on the identified features.
Does the claim recite the additional elements that integrate the judicial exception into a practical application? No, the judicial exception is not integrated into a practical application. In particular, Claim 11 recites additional elements of “a controller of the vehicle”, “a vehicle external audio system”. The additional element(s) or combination of element(s) such as a vehicle external audio system as recited in Claim 11. The additional element(s) or combination of elements such as a controller of the vehicle, a vehicle external audio system and a biological sensor in the claim(s) other than the abstract idea per se amount(s) to no more than (i) mere instructions to implement the idea on a computer, and/or (ii) recitation of generic computer structure that serves to perform generic computer functions that are well-understood, routine, and conventional activities previously known to the pertinent industry. Viewed as a whole, these additional claim element(s) do not provide meaningful limitation(s) to transform the abstract idea into a patent eligible application of the abstract idea such that the claim(s) amounts to significantly more than the abstract idea itself. Therefore, the claim(s) are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter. There is further no improvement to the computing device other than verbally recommend a product to a person based on a feature of the user. The mere recitation of a vehicle external audio system, a biological sensor and/or the like is akin of adding the word “apply it” and/or “use it” with a computer in conjunction with the abstract idea. The paragraph [0036] of the specification discloses “FIG. 1A is a schematic diagram of a vehicle 100 according to some embodiments of the present disclosure. FIG. 1B is a schematic block diagram of a vehicle external audio system 110 according to some embodiments of the present disclosure. As shown in FIG. 1A and FIG. 1B, the vehicle 100 is equipped with the vehicle external audio system 110 configured to support voice interaction between the vehicle 100 and a user outside the vehicle. The vehicle external audio system 110 includes a detection device 120, a sound device 130, and a signal processing device 140. The detection device 120 and the sound device 130 can be connected to the signal processing device 140. The detection device 120 includes, but is not limited to, a voice detection sensor, an image detection sensor, a distance detection sensor, and an environment information detection sensor. The signal processing device 140 can be communicatively connected to the detection device 120, can obtain, for example, voice data, image data, distance data, and/or environment data from the detection device 120, and can generate an audio signal based on the obtained data. For example, the signal processing device 140 can perform analysis on the data obtained from the detection device 120 to determine a voice interaction strategy based on which voice interaction with the user outside the vehicle is established or determine whether the voice interaction strategy needs to be switched to another voice interaction strategy after the voice interaction strategy is established. The sound device 130 can be communicatively connected to the signal processing device 140 and can sound under the excitation of the audio signal generated by the signal processing device 140.” The claimed invention merely uses a computer as a tool to implement an abstract idea of mental processes. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claim is directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to the integration of the abstract idea into a practical application, the additional element of using a computer is noted as a general computer as noted. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept. The claims are not patent eligible.
The dependent claims 13-19 and 21-23 do not remedy the issued noted above. More specifically, Claim 13 recites mental processes. The human could determine whether a person who is approaching the human is a predetermined person (e.g., a women/men, young/old) and start recommending a product. No additional limitations are present. Claim 14 recites at least one of a vehicle external voice waking manner, a vehicle external biological sensing manner, a vehicle body vibration sensing manner, or a vehicle external image recognition manner in order to determining whether that person approaches the vehicle. The vehicle external voice waking manner, the vehicle external biological sensing manner, the vehicle body vibration sensing manner, or the vehicle external image recognition manner is/are used as a tool to implement a mental process of determining whether the person is approaching. No additional limitations are present. Claim 15 recites mental processes. The human could determine a position of a person relative a vehicle and introduce something to the person based on the user’s position. No additional limitations are present. Claim 16 recites a voice field tracking manner, a biological sensor positioning tracking manner, or an image tracking manner in order to obtaining a position of a person. Obtaining the position of the person by listening the person’s voice and/or looking at the person is/are mental processes. The additional element of a biological sensor is used as a tool to implement an otherwise abstract mental process practical performed by a human. Claim 17 recites mental processes. The human could obtain posture information of the person (e.g., the person is standing/walking, seating), determine a position that the person would like to seat on the vehicle and start recommend something based on the position. No additional limitations are present. Claim 18 recites mental processes. The human could ask the person who is approaching the vehicle “Do you want to enter the vehicle?” and open the vehicle door in response to the person’s confirmation. No additional limitations are present. Claim 19 recites mental processes. The human could receive an inquiry from the person and determine that the vehicle is available, then the human could open the door and allow the person enter a cockpit of the vehicle, lock the vehicle, determine that the vehicle arrives at a destination and the person has paid, open the door and allow the person leave the cockpit of the vehicle. No additional limitations are present. Claim 21 recites a mental process. The human could change a tone based on when it is dark. No additional limitations are present. Claim 22 recites a mental process. The human could change the content of the advertisement. No additional limitations are present. Claim 23 recites presenting the advertisement onto a road surface or wall. The present process uses an external camera/a projector as a tool to implement an otherwise abstract mental process practical performed by a human.
For at least the supra provided reasons, Claims 11, 13-19 and 21-23 are rejected under 35 U.S.C. 101 as being directed to non-statutory subject matter.
Allowable Subject Matter
6. Claims 11, 13-19 and 21-23 are as allowed in view of the prior art of record. However, Claims 11, 13-19 and 21-23 stand rejected under 101 Abstract idea, and for the application to pass to allowance this rejection need to be overcome. Any amendments to overcome the 101 rejection that results in any change in scope require further search and/or consideration in order to determine it allowability.
The following is a statement of reasons for the indication of allowable subject matter: the prior art(s) taken alone or in combination fail(s) to teach the following element(s) in combination with the other recited elements in the claim(s).
“in response to recognizing that a person approaches a vehicle, switching a vehicle external audio system from a standby state to a working state including in response to recognizing that the person approached the vehicle, obtaining an identity feature of the person, the identity feature including at least biological features and/or physical features; and
controlling the vehicle external audio system to perform voice interaction with the person based on a predetermined marketing strategy, including controlling the vehicle external audio system to emit a sales voice matching the identity feature with a voice feature matching the identity feature.” as recited in Claim 11.
The closest prior art found as following.
a. Schlecht et al. (US 2016/0363991 A1.) In this reference, Schlecht et al. disclose a method for activating the voice advertisement in response to detecting an object near vehicle by proximity sensor, detecting signals emitted from a smart key of the driver, detecting a touch, multi-touch and detecting fingerprint detection (Schlecht et al. [0027] In one implementation, display screen 205 may be activated by processor 220 in response to detecting an object near vehicle 100 by proximity sensor 260. In one implementation, display screen 205 may be activated by processor 220 in response to detecting signals emitted from a smart key of the driver. In other implementations, display screen 205 may be activated by processor 220 in response to detecting a touch, multi-touch or a series known touches or sequence of touches on display screen 205, or by fingerprint detection. In yet other implementations, display screen 205 may be activated by processor 220 in response to a location provided by location sensor 280, or display screen 205 may be activated by processor 220 at a pre-determined time or pre-determined time intervals. In one implementation, display screen 205 may be activated by processor 220 in response to detecting a voice command by a speech recognizer using microphone 255. In one implementation, display screen 205 may be activated by processor 220 in response to detecting that vehicle battery 295 being charged. In addition, display screen 205 may display an indication of the charging status of vehicle battery 295, and/or an estimated number of miles that vehicle 100 may be driven based on the charging status). Schlecht et al. activates the voice advertisement based on the fingerprint detection. Schlecht et al. does not teach obtaining an identity feature of the person, the identity feature including at least biological features and/or physical features in response to recognizing that the person approached the vehicle and controlling the vehicle external audio system to emit a sales voice matching the identity feature with a voice feature matching the identity feature as recited in Claim 11. Thus, Schlecht et al. fail to teach and/or suggest the allowable subject matter.
b. Miyanaga Hiroyuki (JPH0723666 B2. The machine translation is provided in Non-Final OA). In this reference, Miyanaga Hiroyuki disclose a method for activating an audible sale information of a vehicle in response to detecting a approach of a consumer to a certain area (Miyanaga Hiroyuki [0016] Note that the activation device 16 may be configured such that the approach of the consumer to a certain area is detected by the activation device 16 itself An infrared sensor, an ultrasonic sensor or the like for detecting movement is adopted, and the movement is automatically detected by the approach of the consumer Alternatively, the activation timing signal of the sound generation device 11 may be output to the sound generation device 11. In addition, when the activation device 16 is of an automatic detection type that is not manually operated by a consumer The in-vehicle unit 12 is provided on a surface facing the outside of the vehicle via a window glass 2A of the in-vehicle unit 12, [0018] One automobile sale device 10 is mounted on each automobile and voice explanation of limited unique sale information (vehicle name, model, price, performance, etc.), [0005] The present invention provides an in-vehicle unit including a sound generating device and an out-of-vehicle unit including a speaker. An electrical connection portion that electrically connects the in-vehicle unit and the out-of-vehicle unit; and An activation device for activation of the voice generation device, wherein the closure The in-vehicle unit is disposed inside the vehicle The vehicle-exterior unit is mounted on an exterior surface of the vehicle, and the sound generation device includes an activation device that transmits an activation signal On the basis of the aiming signal, the sales information of the automobile stored in the storage part is converted into a voice signal Wherein the speaker is configured to be operated by an output of the sound generation device.) Miyanaga Hiroyuki disclose a method for activating the voice generation device in response to detecting of the approach of the customer to the certain area. The voice generating device provides the sale information such as vehicle name model, price and performance. However, Miyanaga Hiroyuki does not teach obtaining an identity feature of the person, the identity feature including at least biological features and/or physical features in response to recognizing that the person approached the vehicle and controlling the vehicle external audio system to emit a sales voice matching the identity feature with a voice feature matching the identity feature as recited in Claim 11. Thus, Miyanaga Hiroyuki fail to teach and/or suggest the allowable subject matter.
c. Nakaichi et al. (US 2021/0217058 A1.) In this reference, Nakaichi et al. disclose a method for obtaining advertisement information to be generated from the output device of the mobile object scheduled to travel via a particular location, based on related information in which attribute information of people and location information at which the people having the attributes are present are related to each other in advance, and sending the advertisement information to the information processing device (Nakaichi et al. [0084] Then, in step S114, the management server controller 112 obtains advertisement information corresponding to the selection information received in step S113, from the advertisement information storage unit 111. The advertisement information is image or video information. The advertisement information may be voice information, [0092] the management server of the advertisement presentation system according to this embodiment obtains advertisement information to be generated from the output device of the vehicle that is scheduled to travel via a particular location, based on the related information in which the attribute information indicating attributes of people and the location information indicating a location at which the people having the attributes are present are related to each other in advance. The management server sends the advertisement information to the information processing device. Then, the information processing device receives the advertisement information sent from the management server, and outputs the advertisement information to the output device, when the vehicle is present at the particular location. Then, the output device receives the advertisement information generated from the information processing device, and outputs the advertisement information toward the outside of the vehicle, when the vehicle is present at the particular location. Thus, it is possible to present an advertisement from the vehicle, in view of the location at which the advertisement is presented. Since the advertisement information is generated from the output device of the vehicle, at the location with many people having the attributes suited for the advertisement, the advertising effect due to the advertisement can be enhanced, [0088] The output device 124A obtains the advertisement information generated from the information processing device 120A, and outputs the advertisement information toward the outside of the vehicle 12A when the vehicle 12A is present at the particular location during the particular time slot. Thus, as shown in a scene S2 of FIG. 8, the advertisement information “XXX” directed at “males in 20s” is generated from the output device 124A of the vehicle 12A, at “Shibuya”, during “13:00-14:00” on “Sunday”, Fig. 3-5.) Nakaichi et al. output the voice advertisement when the vehicle is present at a particular location. The advertisement information is based on attributes of people at the particular location. However, Nakaichi et al. does not disclose obtaining an identity feature of the person, the identity feature including at least biological features and/or physical features in response to recognizing that the person approached the vehicle in order to obtain the advertisement information as recited in Claim 11. Thus, Nakaichi et al. fail to teach and/or suggest the allowable subject matter.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. See PTO-892.
a. Masuda et al. (US 2023/0230504 A1.) In this reference, Masuda et al. disclose a voice advertisement for a visually impaired person on the public transportation.
b. Min (US 2022/0148034 A1.) In this reference, Min provides advertisement through voice assistant.
c. Cho et al. (US 2022/0116673 A1.) In this reference, Cho et al disclose an apparatus and a method for delivering advertisement content to connected vehicles.
8. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to THUYKHANH LE whose telephone number is (571)272-6429. The examiner can normally be reached Mon-Fri: 9am-5pm.
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/THUYKHANH LE/Primary Examiner, Art Unit 2655