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 .
2. This office Action is in response to the application filed on March 28, 2024.
3. Claims 1-20 are pending.
Claim Rejections - 35 USC § 102
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.
4. Claims 1 , 8, 9 , 11, 18, 19, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Penilla et al (US 9467515 B1).
Penilla et al (“Penilla”) is directed to Methods And Systems For Sending Contextual Content To Connected Vehicles And Configurable Interaction Modes For Vehicle Interfaces.
As per method claim 1, Penilla discloses a method for controlling an interface theme of a vehicle display terminal which includes a theme setting interface and stores a plurality of theme interface images (the vehicle can be customized or the user account/profile can be customized for vehicles to allow interaction modes to be used. Interaction modes define the way of accessing input, displaying a look and feel, providing content, setting simplicity or complexity of user interface inputs, controls and settings, and defining skins and modes of interaction. In one embodiment, this customization is transferred, sent, enabled, or added to the user interfaces, settings, controls, and instrument panels, dashboards and input controls of the vehicle. By enabling custom levels of customization, vehicles can be configured or customized over time to the way each user is most comfortable, thus reducing distracted driving. Column 2, lines 25-37), the method comprising:
obtaining driving data in a driving process of a vehicle user (In one implementation, obtaining driving data from a historical driving database, etc. col.4, lines 36-51);
determining a driving behavior score of the vehicle user based on the obtained driving data and a preset scoring mechanism;
determining, by a control unit, whether the determined driving behavior score reaches a predetermined value ( In one embodiment, traffic data is obtained when the system determines that the user would likely be checking traffic information. This may be triggered when, for example, the user appears to be taking longer to drive home after work than normal, or the driver is driving slower than a current speed limit of a road, or a traffic accident is identified ahead, or based on learned use (e.g., the user typically checks traffic at 5 pm on a workday, etc.) column 41, lines 56-63); and
upon concluding that the driving behavior score reaches the predetermined value, allowing, by the control unit, the vehicle user to select any one of the plurality of theme interface images through the theme setting interface (FIGS. 24A, 24B, and 25 illustrate examples of contextual information analysis for information that concerns operational states of the vehicle, personal information associated with the user, learned patterns or behaviors of the user, the time of day, geo-location, and other dynamically changing parameters that are synthesized to identify contextual recommendations that are displayed to the user's interfaces and automatic launching of applications and content in applications based on information that is believed to be needed at the time and at the location and for the user and based on other factors, in accordance with one embodiment. column 11, lines 59-column 12, lines 3).
As per apparatus claim 11, the apparatus claim is rejected under similar citations given to the method claim 1.
As per claim 8, Penilla further discloses that the method of claim 1, wherein the theme setting interface is provided with selection buttons that correspond to the theme interface images, and wherein the method further includes: in response that any one of the plurality of theme interface images is selected, in response to selection of a corresponding selection button among the selection buttons, setting the interface theme of the vehicle display terminal with a corresponding theme interface image (The methods, systems and apparatus include electronics and software of vehicles that drive display devices in vehicles and communicate wirelessly with Internet services. Some embodiments define method and systems for enabling customization of displays of a vehicle. The displays can be customized based on a user profile, and can include settings based on learned preferences. In one embodiment, a learned preference is one that identifies a like, or acceptance, or comfort level, or tendency, or pattern, or behavior for or toward a type of preference or setting or action, or content. The displays and outputs of the vehicle are also configured to output or display supplemental content obtained for the user profile, based on contextually relevant information data and/or state. Column 1, lines 58-column 2, lines 4. In one implementation, the data sent to the vehicle and presented on the display screen is configured in accordance with an interaction mode setting, the interaction mode setting defines a style of user interfaces of the display screen of the vehicle, the style of user interfaces of the display screen identify one or more of text format, gauges, clutter level, skins, wallpaper, styles, design, or voice input/output display features. column 3, lines 54-61).
As per claim 9, Penilla further discloses that the method of claim 1, further including: upon concluding that the driving behavior score reaches the predetermined value, displaying a notification message on the theme setting interface of the vehicle display terminal, wherein the notification message indicates that any one of the theme interface images is selectable (FIGS. 28A-28E illustrates examples of interaction modes of a vehicle, for user account and a profile, and methods for selecting various modes or adjusting settings within the modes, or defining when learning should take place for specific settings or modes, in accordance with several embodiments. column 12, lines 17-22. Also see column 20, lines 6-16, column 28, lines 31-44, and Column 44, lines 18-27).
As per apparatus claims 18 and 19, the apparatus claims are rejected under similar citations given to the method claims 8 and 9, respectively.
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.
5. Claims 2-3 and 12-13 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Penilla in view of Phillips et al (US 20190126935 A1)
As per method claim 2, although Penilla further discloses that the method of claim 1, wherein the obtaining of the driving data includes accessing the profile to identify a history of use of the vehicle for the user, column 5, lines 15-16) but Penilla fall short to disclose obtaining of the driving data to include obtaining an average fuel efficiency parameter value of a vehicle, a number of newly occurring traffic regulation violations committed by the vehicle, and information on whether the vehicle user is in a drowsy driving state.
Phillips on the other hand discloses method and system for impaired driving detection, monitoring and accident prevention with driving habits.
Phillips further disclose [0050] The apparatus 12 is used to collect habitual driving information about the driver 42 of the vehicle 24. The habitual driving information is used to positively identify and verify the driver 42 of the vehicle 24 is actually driving the vehicle 24 based on the driver’ 42 driving habits. [0301] In one embodiment, the unique driver profile includes, but is not limited to, driving characteristics comprising: acceleration curves, de-acceleration curves, braking, driving speeds, fuel consumption. [0313] To simplify the mathematics and statistics described herein, throughout this document, a “sober” driver 42 is a driver who has not used any alcohol or drugs, is not distracted (e.g., by mobile phone use, texting, eating, changing stations on a radio, audio device, etc.) and is not drowsy (and/or sleepy).
Before effective filling date of the invention, it would have been obvious to a person of ordinary skill in the art to combine the above teaching of Phillips with Penilla so that all sort of information of the driving data will be collected; and score may be used to reward the driver/operator and to encourage efficient driving and vehicle usage. Therefore, it would have been obvious to combine Phillips with Penilla to obtain the invention as specified in claim 2.
As per apparatus claim 12, the apparatus claim is rejected under similar citations given to the method claim 2.
As per claims 3, Penilla in view of Phillips further discloses that the obtaining of the average fuel efficiency parameter value in the driving process of the vehicle user includes: collecting an amount of fuel consumption and a travel distance for a single driving stroke of the vehicle; and determining the average fuel efficiency parameter value based on the amount of fuel consumption and the travel distance of the vehicle in one driving stroke (Phillips, see Table 1, 11-12, in eleventh electronic signal accepted on the electronic circuit 36 indicating fuel consumption information for the driver 42 of the vehicle 24. 12. A twelfth electronic signal accepted on the electronic circuit 36 indicating geographic location information 60 for the vehicle 24 as the vehicle 24 travels between one or more different geographic locations. [0301] In one embodiment, the unique driver profile includes, but is not limited to, driving characteristics comprising: acceleration curves, de-acceleration curves, braking, driving speeds, fuel consumption, rpm data, driving routes including Global Positioning System (GPS) time and location data, days of the week of driving activities and time of (lay of driving activities behavior patterns. However, the present invention is not limited to the driving characteristic s described and more, fewer and/or other driving characteristics can be used to practice the invention).
As per apparatus claim 13, the apparatus claim is rejected under similar citations given to the method claim 3.
6. Claims 10 and 20 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Penilla in view of Russo et al ( US 20230132673 A1).
As per claim 10, although Penilla discloses displaying the driving behavior of a user (driver) but Penilla does not discloses driving behavior score on the theme setting interface of the vehicle display terminal in a form of a figure image.
Russo is directed to method and system for presenting driver performance metrics on a user interface. Russo further discoes that [0044] the driver performance scoring module 56 may then combine each of the driver performance metrics for the telemetry factors to identify an overall driver performance metric or score for the user. The overall score may then be used to adjust the amounts remaining until the user reaches each of the levels of safe driving behavior. In some embodiments, an overall score may be calculated for each of the levels of safe driving behavior, such as a first overall score for the star level and a second overall score for the shield level. The driver performance scoring module 56 may calculate the overall scores by comparing each of the driver performance metrics to driver performance metric ranges corresponding to each level of safe driving behavior. In some embodiments, each telemetry factor may be assigned a weight, where the overall score is based on a weighted combination of the driver performance metrics for the telemetry factors. In other embodiments, the driver performance metrics for the telemetry factors may be combined in any suitable manner to determine the overall scores for each level of safe driving behavior.
Before effective filling date of the invention, it would have been obvious to a person of ordinary skill in the art to combine the above teaching of Russo with Penilla so that Driver’s/operator's score may be used to reward the driver/operator and to encourage efficient driving and vehicle usage. Therefore, it would have been obvious to combine Russo’s drivers’ reward point with Penilla to obtain the invention as specified in claim 10.
As per apparatus claim 20, the apparatus claim is rejected under similar citations given to the method claim 10.
Allowable Subject Matter
7. Claims 4-7 and 14-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20240294173 A1 (with priority date of Feb. 4 2019) discloses in a method for applying penalties or incentives to a driver of a rented vehicle, an indication that the driver has agreed to terms for renting the vehicle from the vehicle owner is received, with the terms including the potential application of penalties or incentives to the driver based on driving behavior. Telematics data, indicative of operation of the rented vehicle by the driver during a period of time, is also received. By analyzing the telematics data, one or more driving behaviors of the driver during the time period is/are identified. One or more characteristics of the rented vehicle are also determined. One or more penalties or incentives are caused to be applied to the driver, based on the driving behavior(s) and the one or more characteristics of the rented vehicle.
US 20240025437 A1 discloses a personalization setting unit sets enable and disable of a personalization function that allows the set value to be changed to a recommended value for each of the driver assistance functions and for each driver registered in the driver information registration unit. A recommended value calculation unit obtains the recommended value based on driving-related information of the driver including a driving history. A change condition setting unit sorts a plurality of the recommended values into an approval type recommended value that requires an approval of the driver and an automatic change type recommended value that does not require the approval of the driver. A display control unit is able to display an approval screen for the approval type recommended value on a center display that is a display unit, and suspends display of the approval screen while the vehicle is traveling.
US 10789663 B1 discloses a system may include a telematics device associated with a vehicle having one or more sensors arranged therein, a first computing device associated with a driver of the vehicle, and a driving behaviors analysis server, comprising hardware including a processor and memory. The driving behaviors analysis server may receive, from the one or more sensors and via the telematics device, driving data of the driver of the vehicle and identify one or more driving behaviors of the driver over a predetermined period of time. The driving behaviors analysis server may then determine one or more of the driving behaviors to be indicative of unsafe driving by the driver. Further, based on the determination of unsafe driving behaviors, the driving behaviors analysis server may transmit, to the first computing device, a message on behalf of an insurance provider, recommending the driver to stop or limit driving.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TADESSE HAILU whose telephone number is (571)272-4051; and the email address is Tadesse.hailu@USPTO.GOV. The examiner can normally be reached Monday- Friday 9:30-5:30 (Eastern time).
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, Bashore, William L. can be reached (571) 272-4088. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TADESSE HAILU/Primary Examiner, Art Unit 2174