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 .
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 2-7 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.
Claims 2-7 recite the limitation "said test data". There is insufficient antecedent basis for this limitation in the claims.
Claim 3 recites the limitation “said cloud service”. here is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-12, 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ricci (US Pub. 20140309806 A1).
Ricci discloses the following limitations:
1. A method comprising customizing interaction of a person with a vehicle from a fleet of vehicles (para. 350), wherein customizing said interaction comprises
receiving, from an access controller in said vehicle, biometric data, said biometric data having been acquired from said person (para. 539),
using said biometric data, retrieving a profile for said person (para. 584), and
providing said profile to said vehicle, thereby enabling said vehicle to transition into a state that enables said person to interact with said vehicle in a manner based on said profile (para. 345, 581).
2. The method of claim 1, wherein identifying said person comprises obtaining reference data for comparison with said test data, wherein said reference data comprises information indicative of facial features of said person, said reference data having been provided by said person during an enrollment process. (para. 576-577)
3. The method of claim 1, wherein identifying said person comprises obtaining reference data for comparison with said test data, wherein said reference data comprises information indicative of facial features of said person, said reference data having been obtained by said cloud service from publicly available images of said person. (para. 826)
4. The method of claim 1, wherein receiving said test data comprises receiving test data that is based on an image of said person that was obtained by an internal camera of said vehicle while said person was inside said vehicle. (para. 431)
5. The method of claim 1, wherein receiving said test data comprises receiving test data that is based on an image of said person that was obtained by an external camera of said vehicle while said person was outside said vehicle. (para. 447, 454 )
6. The method of claim 1, wherein receiving said test data comprises receiving test data that is based on an image of said person that was obtained by an external camera of said vehicle while said person was approaching said vehicle. (para. 396)
7. The method of claim 1, wherein receiving said test data comprises receiving test data that is based on an image of said person that was obtained by a camera of a smartphone. (para. 453)
8. The method of claim 1, further comprising, after said person has been identified, adjusting seating in said vehicle based on said profile. (para. 123, 344)
9. The method of claim 1, further comprising, after said person has been identified, adjusting settings in an infotainment system of said vehicle based on said profile. (para. 345)
Regarding claim 10, the rejection of claim 1 is incorporated herein. Ricci discloses the method of claim 1, wherein said vehicle is a first vehicle of a fleet that comprises a second vehicle, wherein said method further comprises receiving, from an access controller in said second vehicle, test data, said test data being representative of an image of said person's face, using said test data, identifying said person, after having identified said person, retrieving a profile for said person and providing said profile to said second vehicle, thereby enabling said second vehicle to be configured based on said profile, wherein said second vehicle and said first vehicle are configured based on said profile. (para. 350)
11. The method of claim 1, further comprising customizing interaction of said vehicle with a companion of said person. (para. 551, 822)
12. The method of claim 1, further comprising receiving, from said access controller, biometric data acquired from a companion of said person, wherein said profile is a composite profile that includes a profile of said person and a profile of said companion, and wherein providing said profile to said vehicle enables said companion to interact with said vehicle in a manner based on said profile of said companion. (para. 551, 570)
14. An apparatus comprising a cloud service that is in communication with each vehicle in a fleet of vehicles (para. 349-350), each of which comprises an access controller that receives biometric information ((para. 539)), wherein said cloud service comprises a database of profiles and a profile manager, wherein each of said profiles comprises a profile of a person (para. 345-350, 580-581), wherein each of said profiles includes information for customizing interaction between said person and any vehicle in said fleet of vehicles (para. 345, 581), wherein said profile manager receives, from an access controller of a vehicle in said fleet, information indicating presence of said person at said vehicle, said presence having been determined based on inspection of biometric data obtained from said person (para. 583-585), wherein said profile manager retrieves said profile of said person and provides said profile to said vehicle, thereby enabling said vehicle to transition into a state that enables said person to interact with said vehicle in a manner based on said profile. (para. 349-350)
15. The apparatus of claim 14, wherein said cloud service further comprises a proactive engine that receives information from said profile manager and uses said information to customize spoken interaction with said person in said vehicle. (paras.123, 343-345, 820)
16. The apparatus of claim 14, wherein said profiles comprise a composite profile that includes information that enables customizing interaction of a companion to said person with said vehicle from said fleet of vehicles. (para. 551, 570)
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 13 is rejected under 35 U.S.C. 103 as being unpatentable over Ricci and further in view of Williams et al. (US Pub. 20190176837 A1).
Regarding claim 13, Ricci does not specifically teach further comprising, based on information in said profile, customizing a spoken greeting and causing said vehicle to deliver said spoken greeting. However, in the related art of providing profiles to vehicles based on biometric recognition, Williams discloses further comprising, based on information in said profile, customizing a spoken greeting and causing said vehicle to deliver said spoken greeting (see paras. 56, 79). Therefore, before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use this teaching of Williams with the disclosure of Ricci as an additional known setting to personalize a vehicle for an authorized user/driver.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM A CORUM JR whose telephone number is (303)297-4234. The examiner can normally be reached Mon. - Fri. 8 AM - 5 PM EST.
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WILLIAM A. CORUM JR
Primary Examiner
Art Unit 2433
william.corum2@uspto.gov
/WILLIAM A CORUM JR/Primary Examiner, Art Unit 2433