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 .
Response to Arguments
Applicant's arguments filed 12/8/2025 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1-20 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4, 11-14 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maeda et al. (US 2022/0111855 A1) and Etori et al. (US 2006/0265115 A1).
For claims 1, 11 and 20, Maeda discloses an apparatus comprising: a transceiver (Para. 0044, 0048, 0050, communication device) configured to:
obtain a first user instruction instructing to enable an automatic vehicle hold function (Fig. 7B, abstract, para. 0006-0008); and
obtain status information of a vehicle (Para. 0008, 0022, 0099, where the vehicle condition data is obtained);
a controller coupled to the transceiver and configured to:
control, based on the first user instruction, an automatic vehicle hold system to switch to a wake-up state (Para. 0025, 0054, where the control function may be activated); and
switch, based on the status information, a status of the automatic vehicle hold system (Para. 0007, 0020, 0024, where the automatic vehicle hold system that may be recommended may be activated).
Maeda does not specifically disclose the automatic vehicle hold system switches from a sleep state to the wake-up state, wherein, in the sleep state, a controller of the automatic vehicle hold system operates in a low-power mode and performs no automatic vehicle hold operation, and wherein, in the wake-up state, the controller is powered on under control of a wake-up circuit or a wake-up chip. Etori in the same field of the art discloses the automatic vehicle hold system switches from a sleep state to the wake-up state (Para. 0024, 0025, 0076, 0082, where the hold function can be switched between ON and OFF), wherein, in the sleep state, a controller of the automatic vehicle hold system operates in a low-power mode and performs no automatic vehicle hold operation, and wherein, in the wake-up state, the controller is powered on under control of a wake-up circuit or a wake-up chip (At least para. 0030-0032, where when the holding function is Off, the system is not powered to operate and no automatic vehicle hold function is performed and when the function is switched ON, the circuit that operates the function is switched ON and operates based on the vehicle states). It would have been obvious for one of ordinary skill in the art before the effective filing date of the present claimed invention to modify the invention of Maeda to configure the automatic vehicle hold system switches from a sleep state to the wake-up state, wherein, in the sleep state, a controller of the automatic vehicle hold system operates in a low-power mode and performs no automatic vehicle hold operation, and wherein, in the wake-up state, the controller is powered on under control of a wake-up circuit or a wake-up chip, as taught by Etori to deactivate undesired vehicle functions or features based on operator preference.
For claims 2 and 12, Maeda discloses the apparatus of claims 1 and 11, wherein the controller further configured to:
obtain a user intention when the status information of the vehicle meets a first condition; and switch, based on the user intention, the status (Para. 0007, 0008, 0017, where the driver intention is identified and control is performed).
For claims 3 and 13, Maeda discloses the apparatus of claims 2 and 12, wherein the is further configured to:
send first prompt information to prompt a user to confirm performing an automatic vehicle hold operation; and obtain, from the user and in response to the first prompt information, a second user instruction; control the automatic vehicle hold system to switch to an activated state when the second user instruction instructs to confirm performing the automatic vehicle hold operation (Para. 0112, where after the system recommended the function, such as the automatic vehicle hold, the occupant is prompted and confirmed by the occupant to activate the recommended function).
For claims 4 and 14, Maeda discloses the apparatus of claims 3 and 13, wherein the controller is further configured to: control the automatic vehicle hold system to switch to a sleep state when the second user instruction instructs to disable the automatic vehicle hold function (Para. 0112, where the occupant is to confirm to either activate or not activate the recommended function).
Claim(s) 6, 7, 9, 16, 17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maeda et al. (US 2022/0111855 A1) and Etori et al. (US 2006/0265115 A1) as applied to claims 2 and 12 above, and further in view of Ikeda et al. (US 2024/0026647 A1).
For claims 6 and 16, Maeda discloses the apparatus of claims 2 and 12, but does not specifically disclose the first condition comprises a brake pedal stroke is greater than a first threshold, a brake pedal force is greater than a second threshold, brake system pressure is greater than a third threshold, a vehicle speed is 0, an accelerator pedal stroke is 0, or an accelerator pedal force is 0. Ikeda in the same field of the art discloses the first condition comprises a brake pedal stroke is greater than a first threshold, a brake pedal force is greater than a second threshold, brake system pressure is greater than a third threshold, a vehicle speed is 0, an accelerator pedal stroke is 0, or an accelerator pedal force is 0 (Para. 0049-0053, where the accelerator operation amount is monitored). It would have been obvious for one of ordinary skill in the art before the effective filing date of the present claimed invention to modify the invention of Maeda to employ the first condition comprises a brake pedal stroke is greater than a first threshold, a brake pedal force is greater than a second threshold, brake system pressure is greater than a third threshold, a vehicle speed is 0, an accelerator pedal stroke is 0, or an accelerator pedal force is 0, as taught by Ikeda to properly identify driving situations that meet the condition for automatic vehicle hold function.
For claims 7 and 17, Maeda discloses the apparatus of claims 2 and 12, but does not specifically disclose the first condition further comprises the automatic vehicle hold system is fault-free, a vehicle door is in a closed state, or a seat belt of a user is fastened. Ikeda in the same field of the art discloses the first condition further comprises the automatic vehicle hold system is fault-free, a vehicle door is in a closed state, or a seat belt of a user is fastened (Para. 0035, 0045, 0046, where the system determine the operator presence based on seat belt and vehicle door status). It would have been obvious for one of ordinary skill in the art before the effective filing date of the present claimed invention to modify the invention of Maeda to employ the first condition further comprises the automatic vehicle hold system is fault-free, a vehicle door is in a closed state, or a seat belt of a user is fastened, as taught by Ikeda to properly identify driving situations that meet the condition for automatic vehicle hold function.
For claims 9 and 19, Maeda discloses the apparatus of claims 1 and 11, but does not specifically disclose wherein the controller is further configured to control, based on a third user instruction or when the status information of the vehicle meets a third condition, the automatic vehicle hold system to switch to a sleep state, wherein the third user instruction instructs to disable the automatic vehicle hold function, and wherein the third condition comprises an accelerator pedal stroke is not 0, an accelerator pedal force is not 0, a gear is a park gear, or an electric parking brake is enabled. Ikeda in the same field of the art discloses wherein the controller is further configured to control, based on a third user instruction or when the status information of the vehicle meets a third condition, the automatic vehicle hold system to switch to a sleep state, wherein the third user instruction instructs to disable the automatic vehicle hold function, and wherein the third condition comprises an accelerator pedal stroke is not 0, an accelerator pedal force is not 0, a gear is a park gear, or an electric parking brake is enabled (Para. 0050, where when the user operate the accelerator, the automatic vehicle hold function switches to disengaged state). It would have been obvious for one of ordinary skill in the art before the effective filing date of the present claimed invention to modify the invention of Maeda to control, based on a third user instruction or when the status information of the vehicle meets a third condition, the automatic vehicle hold system to switch to a sleep state, wherein the third user instruction instructs to disable the automatic vehicle hold function, and wherein the third condition comprises an accelerator pedal stroke is not 0, an accelerator pedal force is not 0, a gear is a park gear, or an electric parking brake is enabled, as taught by Ikeda to properly identify driving situations that meet the condition for automatic vehicle hold function to control the engagement and disengagement operations.
Claim(s) 5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maeda et al. (US 2022/0111855 A1) and Etori et al. (US 2006/0265115 A1) as applied to claims 2 and 12 above, and further in view of Urano et al. (US 2018/0105184 A1).
For claims 5 and 15, Maeda discloses the apparatus of claims 2 and 12, but does not specifically disclose the transceiver is further configured to: send second prompt information when the status information of the vehicle does not meet the first condition, and wherein the second prompt information is notifies a user of the status information of the vehicle that does not meet the first condition. Urano in the same field of the art discloses the transceiver is further configured to: send second prompt information when the status information of the vehicle does not meet the first condition, and wherein the second prompt information is notifies a user of the status information of the vehicle that does not meet the first condition (Para. 0014, 0103, 0104, where the driver is notified when a condition for certain vehicle operating function is not satisfied). It would have been obvious for one of ordinary skill in the art before the effective filing date of the present claimed invention to modify the invention of Maeda to send second prompt information when the status information of the vehicle does not meet the first condition, and wherein the second prompt information is notifies a user of the status information of the vehicle that does not meet the first condition, as taught by Urano so effectively inform the driver of the status and conditions of the vehicle control functions.
Claim(s) 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Maeda et al. (US 2022/0111855 A1) and Etori et al. (US 2006/0265115 A1) as applied to claims 2 and 12 above, and further in view of Motin et al. (US 2022/0055581 A1).
For claims 8 and 18, Maeda discloses the apparatus of claims 1 and 11, but does not specifically disclose the controller is further configured to enable an electric parking brake when the status information of the vehicle meets a second condition, and wherein the second condition comprises a seat belt of a user is in an unlocked state, at least one vehicle door is in an open state, working time of the automatic vehicle hold system exceeds a fourth threshold, or the user leaves the vehicle. Motin in the same field of the art discloses the controller is further configured to enable an electric parking brake when the status information of the vehicle meets a second condition, and wherein the second condition comprises a seat belt of a user is in an unlocked state, at least one vehicle door is in an open state, working time of the automatic vehicle hold system exceeds a fourth threshold, or the user leaves the vehicle (Para. 0061, where command is sent to activate electric parking brake when the vehicle is at park state and seat belt unbuckled). It would have been obvious for one of ordinary skill in the art before the effective filing date of the present claimed invention to modify the invention of Maeda to enable an electric parking brake when the status information of the vehicle meets a second condition, and wherein the second condition comprises a seat belt of a user is in an unlocked state, at least one vehicle door is in an open state, working time of the automatic vehicle hold system exceeds a fourth threshold, or the user leaves the vehicle, as taught by Motin to increase the convenient and safety for the driver to safely hold the vehicle while parked.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(US 2020/010843 A1) Suzuki et al. discloses a vehicle control device activating automatic vehicle hold function and monitoring driver intention and vehicle conditions.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sze-Hon Kong whose telephone number is (571)270-1503. The examiner can normally be reached 9 AM-5 PM Mon-Fri.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Lin can be reached at (571) 270-3976. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SZE-HON KONG/Primary Examiner, Art Unit 3657