DETAILED ACTION
Response to Amendment
The amendment filed 11/18/2025 has been entered. Claims 1, 3, 5-12, and 14-23 are currently pending in the application. Applicant’s amendments have overcome the objection and outstanding 102 rejections, previously set forth in the final office action.
Claim Objections
Claims 11 and 15 are objected to because of the following informalities: “desired” should read “desirable”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16 now recites “receiving, via a communication module of a vehicle, a signal from a wireless key that includes at least one of a location of the wireless key and biometric data of a user of the wireless key; determining, by a controller of the vehicle, a desirable vehicle condition based on a combination of the location of the wireless key and the biometric data of the user;”. The second underlined section implies that both of the location of the wireless key and the biometric data of the user have been received and are used in the determination, rendering it unclear what meaning is implied by addition of the phrase “at least one of” in the section introducing the two variables, since that is a broader limitation generally allowing for alternative reception of the two variables (in addition to the possibility of both being received). For continued examination, the phrase “at least one of” is interpreted as not being present, and both location of the wireless key and biometric data of the user are assumed to be received from the wireless key in the claimed invention.
Claims 17-21 are also rejected by virtue of dependence.
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.
Claim(s) 1, 6-9, 10-12, 14-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nemoto (JP2006298014A) in view of Ng (US2024/0140167A1).
Regarding claim 1, Nemoto teaches a system (Figures 1-5) comprising: a wireless key (80) including at least one of a biometric sensor or a GPS (Paragraphs 0044, 0053), the wireless key is configured to: determine biometric data of a user (body temperature) of the wireless key using the biometric sensor (Paragraphs 0044, 0053); and transmit a signal including the biometric data of the user of the wireless key (Paragraphs 0044, 0053); and a vehicle including: a communication module (64) configured to receive the signal from the wireless key (Paragraphs 0044, 0053); and a controller (50) including a vehicle preconditioner module stored in memory and executable by a processor, the vehicle preconditioner module configured to: determine a desirable vehicle condition based on the biometric data of the user received from the wireless key; and precondition the vehicle by adjusting at least one vehicle system based upon the signal (Paragraphs 0053-0060+).
Nemoto does not teach that the signal includes the location of the wireless key and that the desirable vehicle condition is also determined based on the location of the wireless key.
Ng teaches a method comprising: receiving, via a communication module of a vehicle, a signal from a wireless key; and preconditioning the vehicle based upon the signal (Abstract); and Ng teaches that the signal includes the location of the wireless key; and the preconditioning the vehicle based upon the signal includes determining a desirable vehicle condition based upon the location of the user in order to "provide sufficient control resolution and opportunity for thermal preconditioning adjustments based upon user distance from the vehicle" (Paragraphs 0014, 0055-0059 [from Paragraph 0055: "The thermal preconditioning scheduler 200 (including 202/213) may be implemented in one or more processors on-board... the vehicle 12"; from Paragraph 0059: "213A may classify the user's trajectory as approaching the vehicle 12 at 240 using metrics 241 such as the vehicle 12 location, the user's location, the user's rate and the user's trajectory."]).
Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the invention of Nemoto, such that the signal includes the location of the wireless key; and the determining the desirable vehicle condition based upon the biometric data of the user is further based upon the location of the wireless key, as suggested and taught by Ng, in order to provide sufficient control resolution and opportunity for thermal preconditioning adjustments based upon user distance from the vehicle.
Regarding claim 6, the modified system of Nemoto discloses the invention of claim 1 as discussed above, and Nemoto teaches that the wireless key further includes a precondition button, the wireless key is configured to transmit the signal in response to the user engaging the precondition button (Paragraphs 0044-0054).
Regarding claim 7, the modified system of Nemoto discloses the invention of claim 1 as discussed above, and Nemoto teaches that the preconditioning of the vehicle based upon the signal includes adjusting at least one of: an interior lighting of the vehicle; a climate control of the vehicle; or an audio setting of the vehicle (See previously cited sections).
Regarding claim 8, the modified system of Nemoto discloses the invention of claim 7 as discussed above, and while Nemoto does not teach that adjusting the interior lighting of the vehicle includes adjusting a color of the interior lighting, the adjustment of interior lighting is recited as an alternative in preceding claim 7, and Nemoto teaches climate control adjustment "option" as cited above.
Regarding claim 9, the modified system of Nemoto discloses the invention of claim 1 as discussed above, and the vehicle of Nemoto is capable of being configured via hardware/software to perform the function (The claim does not currently recite configuration of the controller to perform this function): determine that the wireless key is approaching the vehicle; and in response to determining the wireless key is approaching the vehicle, precondition the vehicle.
Additionally, Ng teaches determining the wireless key is approaching the vehicle and preconditioning the vehicle in response (See the cited sections of Ng in the rejection above).
Regarding claim 10, Nemoto teaches a vehicle (Figures 1-5) comprising: a communication module (64) configured to: broadcast a beacon to prompt a wireless key (80) to send a signal (implied for the communication to occur); and receive the signal from the wireless key that includes biometric data of a user of the wireless key (Paragraphs 0044, 0053); and a controller (50) including a vehicle preconditioner module stored in memory and executable by a processor, the vehicle preconditioner module configured to: determine a desirable vehicle condition based on the biometric data; and precondition the vehicle by adjusting at least one of a climate control system, an interior lighting system, or an audio system based, at least in part, on the desirable vehicle condition (Paragraphs 0053-0060+).
Nemoto does not teach that the signal includes the location of the wireless key and that the desirable vehicle condition is also determined based on the location of the wireless key.
Ng teaches a method comprising: receiving, via a communication module of a vehicle, a signal from a wireless key; and preconditioning the vehicle based upon the signal (Abstract); and Ng teaches that the signal includes the location of the wireless key; and the preconditioning the vehicle based upon the signal includes determining a desirable vehicle condition based upon the location of the user in order to "provide sufficient control resolution and opportunity for thermal preconditioning adjustments based upon user distance from the vehicle" (Paragraphs 0014, 0055-0059 [from Paragraph 0055: "The thermal preconditioning scheduler 200 (including 202/213) may be implemented in one or more processors on-board... the vehicle 12"; from Paragraph 0059: "213A may classify the user's trajectory as approaching the vehicle 12 at 240 using metrics 241 such as the vehicle 12 location, the user's location, the user's rate and the user's trajectory."]).
Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the invention of Nemoto, such that the signal includes the location of the wireless key; and the determining the desirable vehicle condition based upon the biometric data of the user is further based upon the location of the wireless key, as suggested and taught by Ng, in order to provide sufficient control resolution and opportunity for thermal preconditioning adjustments based upon user distance from the vehicle.
Regarding claim 11, the modified vehicle of Nemoto discloses the invention of claim 10 as discussed above, and Nemoto teaches that the desirable vehicle condition is at least one of a climate control setting, a lighting setting, and an audio setting (See previously cited sections).
Regarding claim 12, the modified vehicle of Nemoto discloses the invention of claim 10 as discussed above, and Nemoto teaches that the biometric data includes at least one of a heart rate of the user and a body temperature of the user (See previously cited sections).
Regarding claim 14, the modified vehicle of Nemoto discloses the invention of claim 11 as discussed above, and while Nemoto does not teach that adjusting the interior lighting system of the vehicle includes adjusting at least one of a color or a brightness of the interior lighting based, at least in part, on a vehicle data including a time of day or an ambient brightness, the adjustment of the interior lighting system is recited as an alternative in preceding claim 11, and Nemoto teaches climate control adjustment "option" as cited above.
Regarding claim 15, the modified vehicle of Nemoto discloses the invention of claim 11 as discussed above, and Ng teaches that the vehicle preconditioner module is configured to: determine whether the wireless key is inside of a preconditioning zone of the vehicle (See zones in Paragraph 0059); and the precondition the vehicle to the desirable vehicle condition is performed in response to the vehicle preconditioner module determining that the wireless key is inside of the preconditioning zone (See the cited sections of Ng in the rejection above).
Regarding claim 16, Nemoto teaches a method (Figures 1-5) comprising: receiving, via a communication module (64) of a vehicle, a signal from a wireless key (80) that includes biometric data of a user of the wireless key (Paragraphs 0044, 0053); determining, by a controller (50) of the vehicle, a desirable vehicle condition based on the biometric data of the user; and preconditioning, by a vehicle system, the vehicle based upon the desirable vehicle condition, the vehicle system includes at least one of a climate control system, an interior lighting system, or an audio system (Paragraphs 0053-0060+).
Nemoto does not teach that the signal includes the location of the wireless key and that the desirable vehicle condition is also determined based on the location of the wireless key.
Ng teaches a method comprising: receiving, via a communication module of a vehicle, a signal from a wireless key; and preconditioning the vehicle based upon the signal (Abstract); and Ng teaches that the signal includes the location of the wireless key; and the preconditioning the vehicle based upon the signal includes determining a desirable vehicle condition based upon the location of the user in order to "provide sufficient control resolution and opportunity for thermal preconditioning adjustments based upon user distance from the vehicle" (Paragraphs 0014, 0055-0059 [from Paragraph 0055: "The thermal preconditioning scheduler 200 (including 202/213) may be implemented in one or more processors on-board... the vehicle 12"; from Paragraph 0059: "213A may classify the user's trajectory as approaching the vehicle 12 at 240 using metrics 241 such as the vehicle 12 location, the user's location, the user's rate and the user's trajectory."]).
Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the invention of Nemoto, such that the signal includes the location of the wireless key; and the determining the desirable vehicle condition based upon the biometric data of the user is further based upon the location of the wireless key, as suggested and taught by Ng, in order to provide sufficient control resolution and opportunity for thermal preconditioning adjustments based upon user distance from the vehicle.
Regarding claim 17, the modified method of Nemoto discloses the invention of claim 16 as discussed above, and Nemoto teaches measuring, with a biometric sensor of the wireless key, a physiological state of the user, wherein the physiological state of the user is included in the biometric data (See previously cited sections).
Regarding claim 18, the modified method of Nemoto discloses the invention of claim 17 as discussed above, and Nemoto teaches that the physiological state of the user includes at least one of a heart rate of the user or a body temperature of the user (See previously cited sections).
Regarding claim 19, the modified method of Nemoto discloses the invention of claim 16 as discussed above, and Nemoto teaches that the preconditioning the vehicle includes at least one of: adjusting an interior lighting of the vehicle; adjusting an interior cabin temperature of the vehicle; and adjusting an audio setting of the vehicle (See previously cited sections).
Regarding claim 20, the modified method of Nemoto discloses the invention of claim 16 as discussed above, and Ng teaches detecting, with a GPS of the wireless key, the location of the user (See the cited sections of Ng in the rejection above).
Regarding claim 21, the modified method of Nemoto discloses the invention of claim 16 as discussed above, and Ng further teaches determining, by the controller of the vehicle, an arrival time of the user; and the preconditioning the vehicle is further based upon the arrival time of the user (Paragraphs 0068-0069).
Claim(s) 1, 3, 5, 7-12, and 14-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riedel et al (US2017/0282856A1) in view of Ng (US2024/0140167A1).
Regarding claim 1, Riedel teaches a system (See Figures; Paragraph 0042) comprising: a wireless key (108/102) including a biometric sensor and a GPS (Paragraphs 0030-0032; Figures 1-2), the wireless key is configured to: determine a location of the wireless key using the GPS or biometric data of a user of the wireless key using the biometric sensor; and transmit a signal including the at least one of the location of the wireless key and the biometric data of the user of the wireless key (Paragraph 0042); and a vehicle including: a communication module (of 110) configured to receive the signal from the wireless key (Paragraph 0042); and a controller (of 110) including a vehicle preconditioner module stored in memory and executable by a processor, the vehicle preconditioner module configured to: determine a desirable vehicle condition based on the signal received from the wireless key; and precondition the vehicle by adjusting at least one vehicle system based upon the signal (Figure 3; Paragraphs 0030-0033, 0042, 0045).
Riedel does not teach that the signal includes the location of the wireless key and that the desirable vehicle condition is also determined based on the location of the wireless key.
Ng teaches a method comprising: receiving, via a communication module of a vehicle, a signal from a wireless key; and preconditioning the vehicle based upon the signal (Abstract); and Ng teaches that the signal includes the location of the wireless key; and the preconditioning the vehicle based upon the signal includes determining a desirable vehicle condition based upon the location of the user in order to "provide sufficient control resolution and opportunity for thermal preconditioning adjustments based upon user distance from the vehicle" (Paragraphs 0014, 0055-0059 [from Paragraph 0055: "The thermal preconditioning scheduler 200 (including 202/213) may be implemented in one or more processors on-board... the vehicle 12"; from Paragraph 0059: "213A may classify the user's trajectory as approaching the vehicle 12 at 240 using metrics 241 such as the vehicle 12 location, the user's location, the user's rate and the user's trajectory."]).
Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the invention of Riedel, such that the signal includes the location of the wireless key; and the determining the desirable vehicle condition based upon the biometric data of the user is further based upon the location of the wireless key, as suggested and taught by Ng, in order to provide sufficient control resolution and opportunity for thermal preconditioning adjustments based upon user distance from the vehicle.
Regarding claim 3, the modified system of Riedel discloses the invention of claim 1 as discussed above, and Riedel teaches that the biometric data includes at least one of a heart rate of the user and a body temperature of the user, and wherein the vehicle preconditioner module is configured to adjust the at least one vehicle system using a lookup table, and the lookup table receives as input at least one of the heart rate or the body temperature (Paragraphs 0042, 0045, and 0057-0058; Tables I-III).
Regarding claims 5 and 22, the modified system of Riedel discloses the invention of claim 1 as discussed above, and Riedel teaches that the wireless key further includes a gyro sensor (236; Paragraph 0032), wherein the signal further includes movement data of the user measured by the gyro sensor, and the desirable vehicle condition is further determined based on the movement data (Paragraphs 0057-0058 and Table III; See various ways the motion data is used with biometric and location data to determine desirable vehicle conditions in Paragraphs 0061-0065 and 0068).
Regarding claim 7, the modified system of Riedel discloses the invention of claim 1 as discussed above, and Riedel teaches that the preconditioning of the vehicle based upon the signal includes adjusting at least one of: an interior lighting of the vehicle; a climate control of the vehicle; or an audio setting of the vehicle (Paragraphs 0030-0033, 0042, 0045).
Regarding claim 8, the modified system of Riedel discloses the invention of claim 7 as discussed above, and while Riedel does not teach that adjusting the interior lighting of the vehicle includes adjusting a color of the interior lighting, the adjustment of interior lighting is recited as an alternative in preceding claim 7, and Riedel teaches climate control adjustment and audio setting options in the sections cited above.
Regarding claim 9, the modified system of Riedel discloses the invention of claim 1 as discussed above, and Riedel teaches that the vehicle is capable of being configured via hardware/software to perform the function (The claim does not currently recite configuration of the controller to perform this function): determine that the wireless key is approaching the vehicle; and in response to determining the wireless key is approaching the vehicle, precondition the vehicle (Paragraphs 0042-0044 and 0058-0062+ describe performing the preconditioning steps using the various determined/measured data subsequent to activation of communication between the key and the vehicle telematics unit which is in response to determining that the wireless key is approaching the vehicle and performing authorization steps).
Regarding claim 10, Riedel teaches a vehicle (See Figures; Paragraph 0042) comprising: a communication module (of 110) configured to: broadcast a beacon to prompt a wireless key (108/102) to send a signal (implied for the communication to occur); and receive the signal from the wireless key that includes biometric data of a user of the wireless key (Paragraph 0042); and a controller (of 110) including a vehicle preconditioner module stored in memory and executable by a processor, the vehicle preconditioner module configured to: determine a desirable vehicle condition based on the biometric data; and precondition the vehicle by adjusting at least one of a climate control system, an interior lighting system, or an audio system based, at least in part, on the desirable vehicle condition (Figure 3; Paragraphs 0030-0033, 0042, 0045).
Riedel does not teach that the signal includes the location of the wireless key and that the desirable vehicle condition is also determined based on the location of the wireless key.
Ng teaches a method comprising: receiving, via a communication module of a vehicle, a signal from a wireless key; and preconditioning the vehicle based upon the signal (Abstract); and Ng teaches that the signal includes the location of the wireless key; and the preconditioning the vehicle based upon the signal includes determining a desirable vehicle condition based upon the location of the user in order to "provide sufficient control resolution and opportunity for thermal preconditioning adjustments based upon user distance from the vehicle" (Paragraphs 0014, 0055-0059 [from Paragraph 0055: "The thermal preconditioning scheduler 200 (including 202/213) may be implemented in one or more processors on-board... the vehicle 12"; from Paragraph 0059: "213A may classify the user's trajectory as approaching the vehicle 12 at 240 using metrics 241 such as the vehicle 12 location, the user's location, the user's rate and the user's trajectory."]).
Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the invention of Riedel, such that the signal includes the location of the wireless key; and the determining the desirable vehicle condition based upon the biometric data of the user is further based upon the location of the wireless key, as suggested and taught by Ng, in order to provide sufficient control resolution and opportunity for thermal preconditioning adjustments based upon user distance from the vehicle.
Regarding claim 11, the modified vehicle of Riedel discloses the invention of claim 10 as discussed above, and Riedel teaches that the desirable vehicle condition is at least one of a climate control setting, a lighting setting, and an audio setting (Paragraphs 0030-0033, 0042, 0045).
Regarding claim 12, the modified vehicle of Riedel discloses the invention of claim 10 as discussed above, and Riedel teaches that the biometric data includes at least one of a heart rate of the user and a body temperature of the user (Paragraphs 0042, 0045, and 0057-0058; Tables I-III).
Regarding claim 14, the modified vehicle of Riedel discloses the invention of claim 11 as discussed above, and while Riedel does not teach that adjusting the interior lighting of the vehicle includes adjusting at least one of a color or a brightness of the interior lighting based, at least in part, on a vehicle data including a time of day or an ambient brightness, the adjustment of interior lighting is recited as an alternative in preceding claim 11, and Riedel teaches climate control adjustment and audio setting options in the sections cited above.
Regarding claim 15, the modified vehicle of Riedel discloses the invention of claim 10 as discussed above, and Ng teaches that the preconditioning the vehicle to the desirable vehicle condition is performed in response to the vehicle preconditioner module determining that the wireless key is inside of the preconditioning zone of the vehicle (Paragraphs 0014, 0055-0059 [from Paragraph 0055: "The thermal preconditioning scheduler 200 (including 202/213) may be implemented in one or more processors on-board... the vehicle 12"; from Paragraph 0059: "213A may classify the user's trajectory as approaching the vehicle 12 at 240 using metrics 241 such as the vehicle 12 location, the user's location, the user's rate and the user's trajectory."]).
Regarding claim 16, Riedel teaches a method (See Figures; Paragraph 0042) comprising: receiving, via a communication module (of 110) of a vehicle, a signal from a wireless key (108/102) that includes biometric data of a user of the wireless key; determining, by a controller (of 110) of the vehicle, a desirable vehicle condition based on the biometric data of the user (Paragraph 0042); and preconditioning, by a vehicle system, the vehicle based upon the desirable vehicle condition, the vehicle system includes at least one of a climate control system, an interior lighting system, or an audio system (Figure 3; Paragraphs 0030-0033, 0042, 0045).
Riedel does not teach that the signal includes the location of the wireless key and that the desirable vehicle condition is also determined based on the location of the wireless key.
Ng teaches a method comprising: receiving, via a communication module of a vehicle, a signal from a wireless key; and preconditioning the vehicle based upon the signal (Abstract); and Ng teaches that the signal includes the location of the wireless key; and the preconditioning the vehicle based upon the signal includes determining a desirable vehicle condition based upon the location of the user in order to "provide sufficient control resolution and opportunity for thermal preconditioning adjustments based upon user distance from the vehicle" (Paragraphs 0014, 0055-0059 [from Paragraph 0055: "The thermal preconditioning scheduler 200 (including 202/213) may be implemented in one or more processors on-board... the vehicle 12"; from Paragraph 0059: "213A may classify the user's trajectory as approaching the vehicle 12 at 240 using metrics 241 such as the vehicle 12 location, the user's location, the user's rate and the user's trajectory."]).
Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the invention of Riedel, such that the signal includes the location of the wireless key; and the determining the desirable vehicle condition based upon the biometric data of the user is further based upon the location of the wireless key, as suggested and taught by Ng, in order to provide sufficient control resolution and opportunity for thermal preconditioning adjustments based upon user distance from the vehicle.
Regarding claim 17, Riedel discloses the invention of claim 16 as discussed above, and Riedel teaches measuring, with a biometric sensor of the wireless key, a physiological state of the user, wherein the physiological state of the user is included in the biometric data (Paragraphs 0042, 0045, and 0057-0058; Tables I-III).
Regarding claim 18, Riedel discloses the invention of claim 17 as discussed above, and Riedel teaches that the physiological state of the user includes at least one of a heart rate of the user or a body temperature of the user (Paragraphs 0042, 0045, and 0057-0058; Tables I-III).
Regarding claim 19 Riedel discloses the invention of claim 16 as discussed above, and Riedel teaches that the preconditioning the vehicle includes at least one of: adjusting an interior lighting of the vehicle; adjusting an interior cabin temperature of the vehicle; and adjusting an audio setting of the vehicle (Paragraphs 0030-0033, 0042, 0045).
Regarding claim 20 Riedel discloses the invention of claim 16 as discussed above, and Riedel teaches detecting, with a GPS of the wireless key (Paragraphs 0032, 0046, 0058-0062, etc.), a location of the user (Paragraphs 0042-0044 and 0058-0062+). Ng also teaches this as cited above.
Regarding claim 21, the modified method of Riedel discloses the invention of claim 16 as discussed above, and Ng further teaches determining, by the controller of the vehicle, an arrival time of the user; and the preconditioning the vehicle is further based upon the arrival time of the user (Paragraphs 0068-0069).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nemoto (JP2006298014A) in view of Ng (US2024/0140167A1) as applied to claim 10 above, and further in view of Bianchi, III et al (US 9,886,805 B1).
Regarding claim 23, the modified vehicle of Nemoto discloses the invention of claim 10 as discussed above, but does not disclose adjusting a brightness of the interior lighting system based on an amount of ambient light measured by the ambient light sensor.
Bianchi teaches a vehicle with a preconditioning module (“vehicle primer 124” of “body control module 302”) configured to adjust a brightness of the interior lighting system based on an amount of ambient light measured by the ambient light sensor, in order to provide the self-evident function of matching lighting to actual ambient light conditions (Col. 7, line 60 to Col. 8, line 58 [and accompanying Figures]).
Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the invention of Nemoto, such that the preconditioning module is configured to adjust a brightness of the interior lighting system based on an amount of ambient light measured by the ambient light sensor, as suggested and taught by Bianchi, III, in order to provide the function of matching lighting to actual ambient light conditions.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riedel et al (US2017/0282856A1) in view of Ng (US2024/0140167A1) as applied to claim 10 above, and further in view of Bianchi, III et al (US 9,886,805 B1).
Regarding claim 23, the modified vehicle of Riedel discloses the invention of claim 10 as discussed above, but does not disclose adjusting a brightness of the interior lighting system based on an amount of ambient light measured by the ambient light sensor.
Bianchi teaches a vehicle with a preconditioning module (“vehicle primer 124” of “body control module 302”) configured to adjust a brightness of the interior lighting system based on an amount of ambient light measured by the ambient light sensor, in order to provide the self-evident function of matching lighting to actual ambient light conditions (Col. 7, line 60 to Col. 8, line 58 [and accompanying Figures]).
Thus, it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the invention of Riedel, such that the preconditioning module is configured to adjust a brightness of the interior lighting system based on an amount of ambient light measured by the ambient light sensor, as suggested and taught by Bianchi, III, in order to provide the function of matching lighting to actual ambient light conditions.
Response to Arguments
Applicant's arguments filed 11/18/2025 have been fully considered but they are not persuasive.
In response to applicant’s arguments that “Neither Nemoto nor Riedel discloses or suggests a vehicle preconditioner module that determines a desirable vehicle condition based on a combination of both biometric data and location data of the wireless key”, the examiner agrees and has submitted a new set of 103 rejections including teaching reference Ng for the additional variable used in determining the desirable vehicle condition.
In response to applicant’s arguments regarding “lack of motivation to combine”, the examiner respectfully submits that the relevant limitation “determine a desirable vehicle condition based on the location of the wireless key and the biometric data of the user of the wireless key” (claim 1 version used for example) is a very broad determination based on two variables listed. The limitation does not recite specific mathematical relationships used, or anything to provide some way of actually combining the two variables in the determination, aside from merely listing them both as variables. Therefore, it is unreasonable to assume that a person having ordinary skill in the art would not be motivated to combine different variables in a broad determination when the prior art does in fact teach motivation for using each of the variables either separately or together (with the exception of an explicit teaching that the combination of variables would be detrimental, or something of that nature). In this case, the Ng reference teaches a motivation for using the location of the key in determining the desirable vehicle conditioning, as noted by applicant in the arguments. A person having ordinary skill in the art would have found it obvious to generally use any number of non-conflicting variables to make a determination of desirable vehicle conditioning, so long as the non-conflicting variables are taught with sufficient motivation for use in determining desirable vehicle conditioning.
In response to applicant’s additional argument that “The Proposed Combinations Still Omit the Claimed "Combination" Analysis”, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. Additionally, this argument is against the references individually, and one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). As noted above, absent some specificity recited in the claims which details the mathematical relationships between the two variables used in the determination, a person having ordinary skill in the art would have found it obvious to use any number of additional variables (i.e., “combination” of variables) in performing the broad determination of desirable vehicle conditioning when there is motivation individually or together for using those variables in the determination.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Again, applicant is applying unreasonable weight to the combination of variables used in the broad determination. The claims do not recite any specific mathematical relationships used to make the determination with the two variables. The relevant limitation merely lists the two variables as being used to determine the desirable vehicle condition, and therefore a person having ordinary skill in the art would have found it obvious to use both of the listed variables since the prior art teaches using one in each of the primary references, and the prior art also using the other variable in the secondary reference, with cited motivation for using the other variable.
Put another way, a person having ordinary skill in the art, upon learning of two variables which each may be advantageously used for determining the desirable vehicle condition (as is taught in each of the combinations of references: Nemoto and Ng, and Riedel and Ng), would not have reasonably come to the conclusion that they could not be used together in some manner for determining the desirable vehicle condition, given that the reason for using each variable is described as having advantage, and no reason is given why the variable could not or would not be useable with other advantageous variables (nor is some disadvantage of broadly using the two variables implicit).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN R STECKBAUER whose telephone number is (571)270-0433. The examiner can normally be reached Monday - Thursday 9:30-7:30 PST.
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, Logan Kraft can be reached at 571-270-5065. 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.
/KEVIN R STECKBAUER/Primary Examiner, Art Unit 3747