DETAILED ACTION
This is the first Office action on the merits and is responsive to the papers filed 02/22/2024. Claims 1-9 are currently pending and examined below.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 02/22/2024 and 12/10/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it is not within the range of 50 to 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a storage configured to store user setting information including setting information on settings of in-vehicle equipment desired by a user for each user” in claims 1, 8 and 9 (as storage 110 in Fig. 1 and its corresponding paragraphs of the as-filed specification);
“a setter configured to set a set value indicated by the setting information included in the user setting information of a selected user for the corresponding in-vehicle equipment” in claims 1 and 6 (as setter 130 in Fig. 1 and its corresponding paragraphs of the as-filed specification);
“a settings comparator configured to acquire a current set value which is a set value currently set from the in-vehicle equipment and to compare the acquired current set value with a user set value which is a set value indicated by the setting information included in the user setting information of the selected user” in claims 1-3 (as settings comparator 140 in Fig. 1 and its corresponding paragraphs of the as-filed specification);
“a notifier configured to notify the user of at least information on settings of the in-vehicle equipment” in claims 1, 3, 6 and 8-9 and 6 (as notifier 150 in Fig. 1 and its corresponding paragraphs of the as-filed specification);
“a communicator configured to perform communication between the in-vehicle equipment” in claims 3 and 6 (as communicator 120 in Fig. 1 and its corresponding paragraphs of the as-filed specification); and
“a travel information presentation device for presenting the travel information of the vehicle to the user” in claims 3 and 5 (as meter 400 in Fig. 2 and its corresponding paragraphs of the as-filed specification).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 and 8-9 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawamata et al. (JP 2023022577 A; hereinafter Kawamata).
Regarding claim 1, Kawamata discloses:
An in-vehicle equipment setup device (Fig. 1: HCU 3) for performing setting for activating in-vehicle equipment ([0031] vehicle devices built into the vehicle) mounted in a vehicle (Fig. 1: vehicle system 1) for each user of the vehicle ([0007] a vehicle setting device and a vehicle setting method that are capable of appropriately setting and reflecting personalized items while taking into consideration safety and user convenience.), the in-vehicle equipment setup device comprising:
a storage (Fig. 1: data storage unit 18) configured to store user setting information including setting information on settings of in-vehicle equipment desired by a user for each user ([0040] The data storage unit 18 has a database 18a. The database 18a stores the above-mentioned personalized items together with personal identification information.);
a setter (Fig. 1: setting reflection unit 20) configured to set a set value indicated by the setting information included in the user setting information of a selected user for the corresponding in-vehicle equipment ([0047] the setting reflection unit 20 reflects the setting of the mth personalized item in the personalization reflection destination device 30);
a settings comparator (Fig. 1: setting reflection unit 20) configured to acquire a current set value which is a set value currently set from the in-vehicle equipment and to compare the acquired current set value with a user set value which is a set value indicated by the setting information included in the user setting information of the selected user ([0048] when there is a personalized item whose setting has not been reflected, the Examiner notes a current value has to have been obtained and a comparison made beforehand between the current value and the setting to know that the current value is different from the setting to update to reflect the setting); and
a notifier (Fig. 1: notification control unit 21) configured to notify the user of at least information on settings of the in-vehicle equipment ([0048] When the process is to be ended, the notification control unit 21 controls a notification as to whether or not the reflection of the settings of the personalized items has been completed. Furthermore, when there is a personalized item whose setting has not been reflected, the notification control unit 21 controls a notification that the personalized item setting cannot be reflected.),
wherein, when there is non-set in-vehicle equipment which is in-vehicle equipment of which the user set value is different from the current set value according to a result of the comparison ([0048] when there is a personalized item whose setting has not been reflected), the settings comparator causes the notifier to notify that there is non-set in-vehicle equipment on the basis of travel information including a traveling state of the vehicle (00040] The judgment conditions indicate the state of each sensor or switch detected by the detection unit 4a, the state of the vehicle which is a combination of these, the state of the user described above, or other conditions. The personalized items are in a state where they can be set and reflected, provided that all of the judgment conditions are met., [0047] if even a part of the judgment conditions is not met, the mth personalized item is not set and reflected., [0048] the notification control unit 21 controls a notification that the personalized item setting cannot be reflected.), and
wherein the setter sets the user set value for the non-set in-vehicle equipment on the basis of the travel information when a setting instruction for instructing to set the user set value for the non-set in-vehicle equipment notified by the notifier is input by the user ([0058] It is preferable that the setting reflecting unit 20 determines the timing for reflecting the settings of the personalized items based on the results of acquisition by the state acquiring unit 11, and then reflects the settings.).
Regarding claim 2, Kawamata discloses:
wherein the settings comparator acquires the current set value and compares the current set value with the user set value after the vehicle has started ([0006] Due to various circumstances, there are cases where the settings of the personalized items cannot be reflected in time before the user starts driving the vehicle, [0048] when there is a personalized item whose setting has not been reflected, the Examiner notes a current value has to have been obtained and a comparison made beforehand between the current value and the setting to know that the current value is different from the setting to update to reflect the setting).
Regarding claim 3, Kawamata discloses:
further comprising a communicator ([0013] HCU 3 is composed of a microcomputer having communication circuits) configured to perform communication between the in-vehicle equipment and a travel information presentation device for presenting the travel information of the vehicle to the user ([0033] The mobile terminal 6 is configured to perform wireless communication with the mobile terminal communication unit 14, [0035] By executing the vehicle application on the mobile terminal 6, the user can issue a control command regarding the vehicle, Information about the vehicle can be obtained from the ECUs 2 to 5 of the vehicle),
wherein the settings comparator acquires the current set value via the communicator ([0048] when there is a personalized item whose setting has not been reflected, the Examiner notes a current value has to have been obtained and a comparison made beforehand between the current value and the setting to know that the current value is different from the setting to update to reflect the setting),
wherein the settings comparator acquires current travel information which is the travel information currently presented to the user by the travel information presentation device via the communicator ([0020] HCU 3 includes a state acquisition unit 11, [0021] the state acquisition unit 11 can also acquire the state in which the vehicle is currently placed), and
wherein the settings comparator causes the notifier not to notify that there is non-set in-vehicle equipment when the acquired current travel information satisfies a first condition ([0060 ] it is advisable to notify the user of the setting update at a timing when it is determined that safety is higher than a predetermined level based on the user state and the vehicle state, the Examiner notes the setting update will not be notified when the safety condition is lower than a predetermined level).
Regarding claim 8, Kawamata discloses:
An in-vehicle equipment setup method that is performed by a computer ([0013] a microcomputer) of an in-vehicle equipment setup device (Fig. 1: HCU 3) for performing setting for activating in-vehicle equipment ([0031] vehicle devices built into the vehicle) mounted in a vehicle (Fig. 1: vehicle system 1) for each user of the vehicle ([0007] a vehicle setting device and a vehicle setting method that are capable of appropriately setting and reflecting personalized items while taking into consideration safety and user convenience.), the in-vehicle equipment setup method comprising:
setting, out of user setting information which is stored in a storage (Fig. 1: data storage unit 18) and includes setting information on settings of in-vehicle equipment desired by a user for each user ([0040] The data storage unit 18 has a database 18a. The database 18a stores the above-mentioned personalized items together with personal identification information.), a set value indicated by the setting information included in the user setting information of a selected user for the corresponding in-vehicle equipment ([0047] the setting reflection unit 20 reflects the setting of the mth personalized item in the personalization reflection destination device 30);
acquiring a current set value which is a set value currently set from the in-vehicle equipment;
comparing the acquired current set value with a user set value which is a set value indicated by the setting information included in the user setting information of the selected user ([0048] when there is a personalized item whose setting has not been reflected, the Examiner notes a current value has to have been obtained and a comparison made beforehand between the current value and the setting to know that the current value is different from the setting to update to reflect the setting);
causing a notifier (Fig. 1: notification control unit 21), which is configured to notify the user of at least information on settings of the in-vehicle equipment ([0048] When the process is to be ended, the notification control unit 21 controls a notification as to whether or not the reflection of the settings of the personalized items has been completed. Furthermore, when there is a personalized item whose setting has not been reflected, the notification control unit 21 controls a notification that the personalized item setting cannot be reflected.), to notify that there is non-set in-vehicle equipment on the basis of travel information including a traveling state of the vehicle (00040] The judgment conditions indicate the state of each sensor or switch detected by the detection unit 4a, the state of the vehicle which is a combination of these, the state of the user described above, or other conditions. The personalized items are in a state where they can be set and reflected, provided that all of the judgment conditions are met., [0047] if even a part of the judgment conditions is not met, the mth personalized item is not set and reflected., [0048] the notification control unit 21 controls a notification that the personalized item setting cannot be reflected.) when there is non-set in-vehicle equipment which is in-vehicle equipment of which the user set value is different from the current set value according to a result of the comparison ([0048] when there is a personalized item whose setting has not been reflected); and
setting the user set value for the non-set in-vehicle equipment on the basis of the travel information when a setting instruction for instructing to set the user set value for the non-set in-vehicle equipment notified by the notifier is input by the user ([0058] It is preferable that the setting reflecting unit 20 determines the timing for reflecting the settings of the personalized items based on the results of acquisition by the state acquiring unit 11, and then reflects the settings.).
Regarding claim 9, Kawamata discloses:
A non-transitory computer-readable storage medium ([0013] a non-transitive tangible storage medium) storing a program, the program causing a computer ([0013] a microcomputer) of an in-vehicle equipment setup device (Fig. 1: HCU 3) for performing setting for activating in-vehicle equipment mounted in a vehicle ([0031] vehicle devices built into the vehicle) for each user of the vehicle ([0007] a vehicle setting device and a vehicle setting method that are capable of appropriately setting and reflecting personalized items while taking into consideration safety and user convenience.) to perform:
setting, out of user setting information which is stored in a storage (Fig. 1: data storage unit 18) and includes setting information on settings of in-vehicle equipment desired by a user for each user ([0040] The data storage unit 18 has a database 18a. The database 18a stores the above-mentioned personalized items together with personal identification information.), a set value indicated by the setting information included in the user setting information of a selected user for the corresponding in-vehicle equipment ([0047] the setting reflection unit 20 reflects the setting of the mth personalized item in the personalization reflection destination device 30);
acquiring a current set value which is a set value currently set from the in-vehicle equipment;
comparing the acquired current set value with a user set value which is a set value indicated by the setting information included in the user setting information of the selected user ([0048] when there is a personalized item whose setting has not been reflected, the Examiner notes a current value has to have been obtained and a comparison made beforehand between the current value and the setting to know that the current value is different from the setting to update to reflect the setting);
causing a notifier (Fig. 1: notification control unit 21), which is configured to notify the user of at least information on settings of the in-vehicle equipment ([0048] When the process is to be ended, the notification control unit 21 controls a notification as to whether or not the reflection of the settings of the personalized items has been completed. Furthermore, when there is a personalized item whose setting has not been reflected, the notification control unit 21 controls a notification that the personalized item setting cannot be reflected.), to notify that there is non-set in-vehicle equipment on the basis of travel information including a traveling state of the vehicle (00040] The judgment conditions indicate the state of each sensor or switch detected by the detection unit 4a, the state of the vehicle which is a combination of these, the state of the user described above, or other conditions. The personalized items are in a state where they can be set and reflected, provided that all of the judgment conditions are met., [0047] if even a part of the judgment conditions is not met, the mth personalized item is not set and reflected., [0048] the notification control unit 21 controls a notification that the personalized item setting cannot be reflected.) when there is non-set in-vehicle equipment which is in-vehicle equipment of which the user set value is different from the current set value according to a result of the comparison ([0048] when there is a personalized item whose setting has not been reflected); and
setting the user set value for the non-set in-vehicle equipment on the basis of the travel information when a setting instruction for instructing to set the user set value for the non-set in-vehicle equipment notified by the notifier is input by the user ([0058] It is preferable that the setting reflecting unit 20 determines the timing for reflecting the settings of the personalized items based on the results of acquisition by the state acquiring unit 11, and then reflects the settings.).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kawamata in view of Shogo (JP 2010086077 A).
Regarding claim 4, Kawamata discloses:
the first condition ([0060] it is advisable to notify the user of the setting update at a timing when it is determined that safety is higher than a predetermined level based on the user state and the vehicle state, the Examiner notes the setting update will not be notified when the safety condition is lower than a predetermined level).
Kawamata does not specifically disclose:
wherein the first condition is that the current travel information is the travel information of a type for calling attention to traveling of the vehicle.
However, Shogo discloses:
wherein the first condition is that the current travel information is the travel information of a type for calling attention to traveling of the vehicle ([0064] The simplest cognitive support output is to display a text message on the monitor 100N informing the driver that a collision warning vehicle is approaching as shown in FIG. 18, the Examiner notes that the driver is notified of a collision warning vehicle approaching (when safety condition is lower than a predetermined level) to make awareness).
Kawamata and Shogo are considered to be analogous to the claimed invention because they are in the same field of vehicle display control. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kawamata’s display control to further incorporate Shogo’s display control for the advantage of not presenting setting update but rather focus on a vehicle approaching which results in safe and accurate driving guidance (Shogo’s [0005]).
Regarding claim 5, Kawamata discloses:
the first condition ([0060] it is advisable to notify the user of the setting update at a timing when it is determined that safety is higher than a predetermined level based on the user state and the vehicle state, the Examiner notes the setting update will not be notified when the safety condition is lower than a predetermined level).
Kawamata does not specifically disclose:
wherein the first condition is that the current travel information is the travel information which is automatically presented to the user by the travel information presentation device.
However, Shogo discloses:
wherein the first condition is that the current travel information is the travel information which is automatically presented to the user by the travel information presentation device ([0064] The simplest cognitive support output is to display a text message on the monitor 100N informing the driver that a collision warning vehicle is approaching as shown in FIG. 18, the Examiner notes that the driver is notified of a collision warning vehicle approaching (when safety condition is lower than a predetermined level) to make awareness).
Kawamata and Shogo are considered to be analogous to the claimed invention because they are in the same field of vehicle display control. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kawamata’s display control to further incorporate Shogo’s display control for the advantage of not presenting setting update but rather focus on a vehicle approaching which results in safe and accurate driving guidance (Shogo’s [0005]).
Regarding claim 6, Kawamata discloses:
wherein the setter acquires the current travel information via the communicator after the setting instruction has been input ([0029] The driving scene will change when triggered by the above-mentioned timing, and the HCU 3 can detect changes in the vehicle state when triggered by the above-mentioned timing while acquiring the vehicle state using the status acquisition unit 11, and can change the control content before or after these triggers.),
wherein the setter suspends setting of the user set value for the non-set in-vehicle equipment when the acquired current travel information satisfies a second condition ([0040] The personalized items are in a state where they can be set and reflected, provided that all of the judgment conditions are met), and
wherein the setter causes the notifier to notify that setting of the user set value for the non-set in-vehicle equipment is suspended ([0044] The notification control unit 21 notifies the result of reflection, that is, whether or not the personalized items have been reflected.).
Regarding claim 7, Kawamata discloses:
wherein the second condition is that the current travel information is the travel information indicating that a traveling speed of the vehicle is zero ([0027] The timing at which the vehicle speed sensor detects that the vehicle speed becomes zero while the shift range is not in the parking position.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Sanji et al. (US 20200269809 A1) discloses the ECUs are enabled to individually determine as to which settings are to be applied.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAYSUN WU whose telephone number is (571)272-1528. The examiner can normally be reached Monday-Friday 8AM-5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hunter Lonsberry can be reached on (571)272-7298. 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.
/PAYSUN WU/Examiner, Art Unit 3665
/DONALD J WALLACE/Primary Examiner, Art Unit 3665