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 .
Status of Claims
Claims 1-9, 11, & 14-15 of U.S. Application No. 18/643442 filed on 11/24/2025 have been examined.
Office Action is in response to the Applicant's amendments and remarks filed11/24/2025. Claims 1, 5-7 are presently amended. Claims 10, & 12-13 are cancelled and Claims 14-15 are newly added. Claims 1-9, 11, & 14-15 are presently pending and are presented for examination.
Response to Arguments
In regards to the previous rejections under 35 U.S.C. § 112(b): the amendments to the claims overcome the previous 35 USC § 112(b) rejection. Therefore, the previous 35 USC § 112(b) rejection is withdrawn.
In regards to the previous rejections under 35 U.S.C. § 101: the amendments to the claims overcome the previous 35 USC § 101 rejection. Therefore, the previous 35 USC § 101 rejection is withdrawn.
In regards to the previous rejection under 35 U.S.C. § 102: the amendments to the claims overcome the previous 35 USC § 102 rejection. Therefore, the previous 35 USC § 102 rejection is withdrawn.
In regards to the previous rejection under 35 U.S.C. § 103: Applicant’s arguments with respect to the independent claim(s) 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. A new grounds of rejection is made in view of US 2022/0126852A1 (“Nakagawa”), in view of US 2020/0290647A1 (“Anderson”), in view of US 2023/0001944A1 (“Goertz”).
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.
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.
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.
Claim(s) 1-6, & 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2021/0405996A1 (“Takatsuna”), in view of US 2022/0126852A1 (“Nakagawa”).
As per claim 1 Takatsuna discloses
A control method executable by a computer configured to cooperate with at least a first vehicle and a second vehicle (see at least Takatsuna, para. [0027]:The network system illustrated in FIG. 1 is a system for updating software of electronic control units 13a through 13e installed in the vehicle, and is provided with a server 1 (center) and an onboard network 2 installed in a vehicle. The network system in FIG. 1 can also control functions provided by a software updating device 11 and the electronic control units 13a through 13e executing software.), the control method comprising:
receiving input of personal-characteristics data corresponding to a driver who drives the first vehicle, the personal-characteristics data being acquired by the first vehicle (see at least Takatsuna, para. [0042]: Specific examples of settings information that can be specifically set in the settings information include, but are not limited to, turning on welcome lamps when the user approaches the vehicle, automatic operation and temperature settings of an air conditioner, settings of seat positions, driving mode, correction values (constants, learned values) for adjustment of braking and driving power, acquired based on driving characteristics of the user, and so forth. para. [0047]:The acquiring unit 37 acquires a user ID identifying the user when starting usage of the vehicle. The electronic control unit 13e is capable of bringing the user ID onto the onboard network 2 by performing communication with the portable terminal 3 of the user in the present embodiment, as illustrated in FIG. 1…para. [0049]: The control unit 39 reads out the settings information acquired by the communication unit 38from the storage device 34, and transfers settings values included in the settings information that is read out to the electronic control unit identified by the software ID included in the settings information.); and
outputting the personal-characteristics data corresponding to the driver such that the personal-characteristics data can be used by the second vehicle (see at least Takatsuna, para. [0049]: The control unit 39 reads out the settings information acquired by the communication unit 38from the storage device 34, and transfers settings values included in the settings information that is read out to the electronic control unit identified by the software ID included in the settings information. & para. [0070]: Accordingly, even when the user uses different vehicles, the user experience can be made to be the same or approximately equivalent each time, within the functions that the vehicle can provide and the range of vehicle characteristics, thereby suppressing the look and feel for the user from greatly changing.),
when a predetermined condition is satisfied (see at least Takatsuna, para. [0048]: When starting to use the vehicle, the communication unit 38 transmits the user ID acquired by the acquiring unit 37 to the server 1, and requests transmission of settings information. The communication unit 38 receives the settings information transmitted from the server 1, and stores the received settings information in the storage device 34.).
However Takatsuna does not explicitly disclose
causing, via the outputting of the personal-characteristics data, the second vehicle to control at least one of a speaker or a lamp based on the personal-characteristics data and driving situation information,
wherein the personal-characteristics data indicates a driving behavior of the driver, the driving behavior including at least one of: an acceleration of the vehicle: a deceleration of the vehicle: a jerk, including a sudden change in the acceleration, of the vehicle: a lateral G, including a sideways acceleration, of the vehicle: a steering operation of the driver: an accelerator pedal operation of the driver: a brake pedal operation of the driver: a traveling speed of the vehicle: a speed limit violation of the vehicle: a road type of which the driver travels the vehicle on a road: a road environment of which the driver travels the vehicle on the road; a gaze direction of the driver; a face orientation of the driver; a checking mirrors action of the driver; or a looking around action of the driver.
Nakagawa teaches
causing, via the outputting of the personal-characteristics data, the second vehicle to control at least one of a speaker or a lamp based on the personal-characteristics data and driving situation information (see at least Nakagawa, para. [0037-0038]: At step 206, the controller 102 may determine differences between the selected vehicle and the customary vehicle. The controller 102 may determine such differences, for example, by comparing one or more systems, features, and other aspects of the selected vehicle with one or more systems, features, and other aspects of the customary vehicle or vehicles. The stored functional, safety, and performance features may include, for example, information relating to the control systems (e.g., steering, transmission, acceleration/deceleration, cruise control, active steering, lighting, navigation system, etc.), safety (e.g., airbag controls, seat belts, emergency brakes, emergency lights, etc.),and/or entertainment (e.g., Bluetooth connectivity, hands-free phone link, video, radio, etc.) feature of the selected vehicle and the customary vehicle…The determined difference information may be provided to the user using, for example, his or her device 104, an infotainment system of the selected vehicle from the plurality of vehicles 106, or another device capable of presenting information to the user that is communicatively coupled to the network 110 and/or the controller 102. The determined difference information may include one or more instructions or informational texts, audio files, and/or video files that may provide information to the user about features of the selected vehicle that are distinct from his or her customary vehicle, customary systems, customary features, or other customary vehicle aspects.),
wherein the personal-characteristics data indicates a driving behavior of the driver, the driving behavior including at least one of: an acceleration of the vehicle: a deceleration of the vehicle: a jerk, including a sudden change in the acceleration, of the vehicle: a lateral G, including a sideways acceleration, of the vehicle: a steering operation of the driver: an accelerator pedal operation of the driver: a brake pedal operation of the driver: a traveling speed of the vehicle: a speed limit violation of the vehicle: a road type of which the driver travels the vehicle on a road: a road environment of which the driver travels the vehicle on the road; a gaze direction of the driver; a face orientation of the driver; a checking mirrors action of the driver; or a looking around action of the driver (see at least Nakagawa, para. [0037-0038]: At step 206, the controller 102 may determine differences between the selected vehicle and the customary vehicle. The controller 102 may determine such differences, for example, by comparing one or more systems, features, and other aspects of the selected vehicle with one or more systems, features, and other aspects of the customary vehicle or vehicles. The stored functional, safety, and performance features may include, for example, information relating to the control systems (e.g., steering, transmission, acceleration/deceleration, cruise control, active steering, lighting, navigation system, etc.), safety (e.g., airbag controls, seat belts, emergency brakes, emergency lights, etc.),and/or entertainment (e.g., Bluetooth connectivity, hands-free phone link, video, radio, etc.) feature of the selected vehicle and the customary vehicle.
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 Takatsuna to incorporate the teaching of causing, via the outputting of the personal-characteristics data, the second vehicle to control at least one of a speaker or a lamp based on the personal-characteristics data and driving situation information, wherein the personal-characteristics data indicates a driving behavior of the driver, the driving behavior including at least one of: an acceleration of the vehicle: a deceleration of the vehicle: a jerk, including a sudden change in the acceleration, of the vehicle: a lateral G, including a sideways acceleration, of the vehicle: a steering operation of the driver: an accelerator pedal operation of the driver: a brake pedal operation of the driver: a traveling speed of the vehicle: a speed limit violation of the vehicle: a road type of which the driver travels the vehicle on a road: a road environment of which the driver travels the vehicle on the road; a gaze direction of the driver; a face orientation of the driver; a checking mirrors action of the driver; or a looking around action of the driver of Nakagawa, with a reasonable expectation of success, in order to enjoy easy operation and owners are more likely to provide their vehicles for use by other unknown users of the system (see at least Nakagawa, para. [0061]).
As per claim 2 Takatsuna discloses
wherein the computer includes at least one computer (see at least Takatsuna, para. [0029]: The server 1 is provided with a central processing unit (CPU) 21, a random access memory(RAM) 22, a storage device 23, and a communication device 24, as illustrated in FIG. 2.).
As per claim 3 Takatsuna discloses
wherein the predetermined condition is when the computer receives a predetermined instruction (see at least Takatsuna, para. [0048]: When starting to use the vehicle, the communication unit 38 transmits the user ID acquired by the acquiring unit 37 to the server 1, and requests transmission of settings information. The communication unit 38 receives the settings information transmitted from the server 1, and stores the received settings information in the storage device 34.).
As per claim 4 Takatsuna discloses
wherein the predetermined instruction includes information identifying the driver (see at least Takatsuna, para. [0048]: When starting to use the vehicle, the communication unit 38 transmits the user ID acquired by the acquiring unit 37 to the server 1, and requests transmission of settings information. The communication unit 38 receives the settings information transmitted from the server 1, and stores the received settings information in the storage device 34.).
As per claim 5 Takatsuna discloses
wherein the computer includes a transmission circuit and a reception circuit (see at least Takatsuna, para. [0031]: para. [0034]: The server 1 is provided with a storage unit 26, a communication unit 27, and a control unit 28.),
wherein the personal-characteristics data corresponding to the driver who drives the first vehicle is received from the first vehicle by the reception circuit, the personal characteristics data being acquired by the first vehicle and being used for improving assistance of driving-characteristics of the driver (see at least Takatsuna, para. [0061-0062]: In step S1, the communication unit 27 determines whether a transmission request for settings information has been received from the software updating device 11. When the determination in stepS1 is YES, the processing advances to step S2, and otherwise, the processing advances to step S3….In step S2, the communication unit 27 references the usage information stored in the storage unit 26, and acquires settings information correlated with the user ID included in the transmission request received from the software updating device 11.),
wherein, when the predetermined condition is satisfied, the personal-characteristics data corresponding to the driver is transmitted to the second vehicle by the transmission circuit, and wherein the predetermined condition is when the driver enters the second vehicle (see at least Takatsuna, para. [0041]: According to the present embodiment, when one user uses a plurality of vehicles, software and functions set in the usage information of the user can be used in any of the different vehicles. & para. [0065]: The control processing shown in FIG. 8 can be started at one of the following, i.e., when authentication using the portable terminal 3 to unlock the vehicle succeeds, when a user holding the portable terminal 3 used for authentication is detected entering the vehicle, and when an instruction is received from the portable terminal 3 used for authentication prior to the power source or the ignition of the vehicle being turned on. Note however, that when the electronic control unit referencing the settings information acquired from the server 1 is not an electronic control unit that affects operations of the vehicle, the control processing in FIG. 8 may be started to acquire settings information from the server 1 following the power source or the ignition of the vehicle being turned on, and the software of the electronic control unit that is the object may be restarted based on the acquired settings information. & para. [0078]).
As per claim 6 Takatsuna discloses
wherein the driver is defined as a first driver (see at least Takatsuna, para. [0039]: The usage information of No. 1 and No. 2 shown in the table in FIG. 5 include settings information of software identified by software IDs “sw_a01” and “sw_a02” with regard to users, and the range of functions that can be used differ depending on the user ID.), and
wherein the control method further comprises:
receiving first personal-characteristics data corresponding to the first driver who drives the first vehicle, the first personal-characteristics data being acquired by the first vehicle and being used for improving assistance of driving-characteristics of the first driver (see at least Takatsuna, para. [0039]: The usage information of No. 1 and No. 2 shown in the table in FIG. 5 include settings information of software identified by software IDs “sw_a01” and “sw_a02” with regard to users, and the range of functions that can be used differ depending on the user ID. para. [0047]:The acquiring unit 37 acquires a user ID identifying the user when starting usage of the vehicle. The electronic control unit 13e is capable of bringing the user ID onto the onboard network 2 by performing communication with the portable terminal 3 of the user in the present embodiment, as illustrated in FIG. 1…para. [0049]: The control unit 39 reads out the settings information acquired by the communication unit 38from the storage device 34, and transfers settings values included in the settings information that is read out to the electronic control unit identified by the software ID included in the settings information.);
receiving second personal-characteristics data corresponding to a second driver who drives the first vehicle, the second personal-characteristics data being acquired by the first vehicle and being used for improving assistance of second driving-characteristics of the second driver (see at least Takatsuna, para. [0039]: The usage information of No. 1 and No. 2 shown in the table in FIG. 5 include settings information of software identified by software IDs “sw_a01” and “sw_a02” with regard to users, and the range of functions that can be used differ depending on the user ID. para. [0047]:The acquiring unit 37 acquires a user ID identifying the user when starting usage of the vehicle. The electronic control unit 13e is capable of bringing the user ID onto the onboard network 2 by performing communication with the portable terminal 3 of the user in the present embodiment, as illustrated in FIG. 1…para. [0049]: The control unit 39 reads out the settings information acquired by the communication unit 38from the storage device 34, and transfers settings values included in the settings information that is read out to the electronic control unit identified by the software ID included in the settings information.);
transmitting the first personal-characteristics data corresponding to the first driver to the second vehicle when the first driver enters the second vehicle (see at least Takatsuna, para. [0041]: According to the present embodiment, when one user uses a plurality of vehicles, software and functions set in the usage information of the user can be used in any of the different vehicles. & para. [0065]: The control processing shown in FIG. 8 can be started at one of the following, i.e., when authentication using the portable terminal 3 to unlock the vehicle succeeds, when a user holding the portable terminal 3 used for authentication is detected entering the vehicle, and when an instruction is received from the portable terminal 3 used for authentication prior to the power source or the ignition of the vehicle being turned on.; and
transmitting the second personal-characteristics data corresponding to the second driver to the second vehicle when the second driver enters the second vehicle (see at least Takatsuna, para. [0041]: According to the present embodiment, when one user uses a plurality of vehicles, software and functions set in the usage information of the user can be used in any of the different vehicles. Also, when a plurality of users uses one vehicle, each of the users can use software and functions set in the usage information of the user when using the vehicle. & para. [0065]: The control processing shown in FIG. 8 can be started at one of the following, i.e., when authentication using the portable terminal 3 to unlock the vehicle succeeds, when a user holding the portable terminal 3 used for authentication is detected entering the vehicle, and when an instruction is received from the portable terminal 3 used for authentication prior to the power source or the ignition of the vehicle being turned on.).
As per claim 8 Takatsuna discloses
wherein the personal-characteristics data is at least one piece of personal characteristics data designated by the driver among a plurality of pieces of personal characteristics data acquired by the first vehicle (see at least Takatsuna, para. [0035]: Usage information can be generated by the user ID and settings information being stored correlatedly in the server 1, at the time of newly registering the user, or following the first time that the vehicle is used after user registration. & para. [0042]:Specific examples of settings information that can be specifically set in the settings information include, but are not limited to, turning on welcome lamps when the user approaches the vehicle, automatic operation and temperature settings of an air conditioner, settings of seat positions, driving mode, correction values (constants, learned values) for adjustment of braking and driving power, acquired based on driving characteristics of the user, and so forth.).
As per claim 9 Takatsuna discloses
wherein the computer receives input of predetermined personal-characteristics data among a plurality of pieces of personal-characteristics data acquired by the first vehicle (see at least Takatsuna, para. [0035]: Usage information can be generated by the user ID and settings information being stored correlatedly in the server 1, at the time of newly registering the user, or following the first time that the vehicle is used after user registration. & para. [0042]).
As per claim 11 Takatsuna discloses
wherein the computer is configured to store a plurality of pieces of personal characteristics data acquired by the first vehicle (see at least Takatsuna, para. [0035]: Usage information can be generated by the user ID and settings information being stored correlatedly in the server 1, at the time of newly registering the user, or following the first time that the vehicle is used after user registration.), and
output predetermined personals characteristics data among the plurality of pieces of stored personal-characteristics data (see at least Takatsuna, para. [0049]: The control unit 39 reads out the settings information acquired by the communication unit 38 from the storage device 34, and transfers settings values included in the settings information that is read out to the electronic control unit identified by the software ID included in the settings information. & para. [0070]: Accordingly, even when the user uses different vehicles, the user experience can be made to be the same or approximately equivalent each time, within the functions that the vehicle can provide and the range of vehicle characteristics, thereby suppressing the look and feel for the user from greatly changing.).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takatsuna, in view of Nakagawa, in view of US 2018/0053102A1 (“Martinson”).
As per claim 7 Takatsuna does not explicitly disclose
wherein the personal-characteristics data is learning data for a driving assistance model configured to be executed by the second vehicle, the driving assistance model being used for improving assistance of driving-characteristics of the driver.
Martinson teaches
wherein the personal-characteristics data is learning data for a driving assistance model configured to be executed by the second vehicle, the driving assistance model being used for improving assistance of driving-characteristics of the driver (see at least Martinson, para. [0105]: In some implementations, a driver action prediction model may be updated for a particular set of conditions or for a particular driver. For example, onboard driver action prediction models could be updated from actions observed in other vehicles. For instance, if a driver, John Doe, has two cars, then John's customized driver action prediction model may be shared between the cars (e.g., even though the second car does not directly sense John's actions in the first car). In some implementations, the customized driver action prediction models, as discussed above, may be linked to John (e.g., to a profile, etc.), so that the cars can share John's data (e.g., via local V2V communications, connecting to a central server, etc.).) .
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 Takatsuna to incorporate the teaching of wherein the personal-characteristics data is learning data for a driving assistance model configured to be executed by the second vehicle, the driving assistance model being used for the improving assistance of the driving-characteristics of the driver of Martinson, with a reasonable expectation of success, in order to provide a driver action prediction system that is both able to be pre-trained and may be adapted to a custom set of circumstances (see at least Martinson, para. [0019]).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takatsuna, in view of Nakagawa, in view of US 2020/0290647A1 (“Anderson”).
As per claim 14 Takatsuna discloses
A control method executable by a computer configured to cooperate with at least a first vehicle and a second vehicle (see at least Takatsuna, para. [0027]:The network system illustrated in FIG. 1 is a system for updating software of electronic control units 13a through 13e installed in the vehicle, and is provided with a server 1 (center) and an onboard network 2 installed in a vehicle. The network system in FIG. 1 can also control functions provided by a software updating device 11 and the electronic control units 13a through 13e executing software.), the control method comprising:
receiving input of personal-characteristics data corresponding to a driver who drives the first vehicle, the personal-characteristics data being acquired by the first vehicle (see at least Takatsuna, para. [0042]: Specific examples of settings information that can be specifically set in the settings information include, but are not limited to, turning on welcome lamps when the user approaches the vehicle, automatic operation and temperature settings of an air conditioner, settings of seat positions, driving mode, correction values (constants, learned values) for adjustment of braking and driving power, acquired based on driving characteristics of the user, and so forth. para. [0047]:The acquiring unit 37 acquires a user ID identifying the user when starting usage of the vehicle. The electronic control unit 13e is capable of bringing the user ID onto the onboard network 2 by performing communication with the portable terminal 3 of the user in the present embodiment, as illustrated in FIG. 1…para. [0049]: The control unit 39 reads out the settings information acquired by the communication unit 38from the storage device 34, and transfers settings values included in the settings information that is read out to the electronic control unit identified by the software ID included in the settings information.); and
outputting the personal-characteristics data corresponding to the driver such that the personal-characteristics data can be used by the second vehicle (see at least Takatsuna, para. [0049]: The control unit 39 reads out the settings information acquired by the communication unit 38from the storage device 34, and transfers settings values included in the settings information that is read out to the electronic control unit identified by the software ID included in the settings information. & para. [0070]: Accordingly, even when the user uses different vehicles, the user experience can be made to be the same or approximately equivalent each time, within the functions that the vehicle can provide and the range of vehicle characteristics, thereby suppressing the look and feel for the user from greatly changing.),
when a predetermined condition is satisfied (see at least Takatsuna, para. [0048]: When starting to use the vehicle, the communication unit 38 transmits the user ID acquired by the acquiring unit 37 to the server 1, and requests transmission of settings information. The communication unit 38 receives the settings information transmitted from the server 1, and stores the received settings information in the storage device 34.).
However Takatsuna does not explicitly disclose
causing, via the outputting of the personal-characteristics data, the second vehicle to control at least one of a speaker or a lamp based on the personal-characteristics data and driving situation information,
wherein the personal-characteristics data indicates a lifestyle of the driver, the lifestyle including at least one of: a sleep time and a wake-up time of the driver; a breathing rate while the driver sleeps; a sleep quality of the driver; a time of watching television of the driver; a time of bathing of the driver, or a time of toilet use of the driver.
Nakagawa teaches
causing, via the outputting of the personal-characteristics data, the second vehicle to control at least one of a speaker or a lamp based on the personal-characteristics data and driving situation information (see at least Nakagawa, para. [0037-0038]: At step 206, the controller 102 may determine differences between the selected vehicle and the customary vehicle. The controller 102 may determine such differences, for example, by comparing one or more systems, features, and other aspects of the selected vehicle with one or more systems, features, and other aspects of the customary vehicle or vehicles. The stored functional, safety, and performance features may include, for example, information relating to the control systems (e.g., steering, transmission, acceleration/deceleration, cruise control, active steering, lighting, navigation system, etc.), safety (e.g., airbag controls, seat belts, emergency brakes, emergency lights, etc.),and/or entertainment (e.g., Bluetooth connectivity, hands-free phone link, video, radio, etc.) feature of the selected vehicle and the customary vehicle…The determined difference information may be provided to the user using, for example, his or her device 104, an infotainment system of the selected vehicle from the plurality of vehicles 106, or another device capable of presenting information to the user that is communicatively coupled to the network 110 and/or the controller 102. The determined difference information may include one or more instructions or informational texts, audio files, and/or video files that may provide information to the user about features of the selected vehicle that are distinct from his or her customary vehicle, customary systems, customary features, or other customary vehicle aspects.),
wherein the personal-characteristics data indicates a driving behavior of the driver (see at least Nakagawa, para. [0037-0038]: At step 206, the controller 102 may determine differences between the selected vehicle and the customary vehicle. The controller 102 may determine such differences, for example, by comparing one or more systems, features, and other aspects of the selected vehicle with one or more systems, features, and other aspects of the customary vehicle or vehicles. The stored functional, safety, and performance features may include, for example, information relating to the control systems (e.g., steering, transmission, acceleration /deceleration, cruise control, active steering, lighting, navigation system, etc.), safety (e.g., airbag controls, seat belts, emergency brakes, emergency lights, etc.),and/or entertainment (e.g., Bluetooth connectivity, hands-free phone link, video, radio, etc.) feature of the selected vehicle and the customary vehicle.
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 Takatsuna to incorporate the teaching of causing, via the outputting of the personal-characteristics data, the second vehicle to control at least one of a speaker or a lamp based on the personal-characteristics data and driving situation information, wherein the personal-characteristics data indicates a driving behavior of the driver of Nakagawa, with a reasonable expectation of success, in order to enjoy easy operation and owners are more likely to provide their vehicles for use by other unknown users of the system (see at least Nakagawa, para. [0061]).
Anderson teaches
causing, via the outputting of the personal-characteristics data, the vehicle to control at least one of a speaker or a lamp based on the personal-characteristics data and driving situation information, wherein the personal-characteristics data indicates a lifestyle of the driver, the lifestyle including at least one of: a sleep time and a wake-up time of the driver; a breathing rate while the driver sleeps; a sleep quality of the driver; a time of watching television of the driver; a time of bathing of the driver, or a time of toilet use of the driver (see at least Anderson, para. [0039-0042]: FIG. 3 illustrates an exemplary environment 300 in accord with FIG. 2. As illustrated a person who will be a passenger opts-in (in accord with applicable data privacy regulations) to the system, and shares 302 her personal data, e.g., schedule information, sleep cycle monitoring, and other data of interest to the system that the passenger is willing to share…After completing the rerouting, or if 320 it was not needed, travel will eventually be nearly completed 322. As the vehicle approaches work, it may employ careful ambient sound control and gentle parking maneuvers to allow her to stay asleep if it is not yet time to wake her. At a determined time, e.g., according to her preference, where she appears to be in her monitored sleep cycle, based on a hard stop, e.g., must awaken no later than five minutes before work or before arrival at the workplace, the system alerts 324 the passenger and induces waking. It will be appreciated if the passenger had awoken early she could have elected to arrive early, take a more scenic route, etc. Once awake, she may arrive 326 to work.).
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 Takatsuna to incorporate the teaching of causing, via the outputting of the personal-characteristics data, the vehicle to control at least one of a speaker or a lamp based on the personal-characteristics data and driving situation information, wherein the personal-characteristics data indicates a lifestyle of the driver, the lifestyle including at least one of: a sleep time and a wake-up time of the driver; a breathing rate while the driver sleeps; a sleep quality of the driver; a time of watching television of the driver; a time of bathing of the driver, or a time of toilet use of the driver of Anderson, with a reasonable expectation of success, in order to allow autonomous vehicles to efficiently route passengers based on their sleep needs and other activity desired along a route, and to provide environmental and economic benefits while also maximizing passenger happiness with the travel experience (see at least Anderson, para. [0019]).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takatsuna, in view of Nakagawa, US 2023/0001944A1 (“Goertz”).
As per claim 15 Takatsuna discloses
A control method executable by a computer configured to cooperate with at least a first vehicle and a second vehicle (see at least Takatsuna, para. [0027]:The network system illustrated in FIG. 1 is a system for updating software of electronic control units 13a through 13e installed in the vehicle, and is provided with a server 1 (center) and an onboard network 2 installed in a vehicle. The network system in FIG. 1 can also control functions provided by a software updating device 11 and the electronic control units 13a through 13e executing software.), the control method comprising:
receiving input of personal-characteristics data corresponding to a driver who drives the first vehicle, the personal-characteristics data being acquired by the first vehicle (see at least Takatsuna, para. [0042]: Specific examples of settings information that can be specifically set in the settings information include, but are not limited to, turning on welcome lamps when the user approaches the vehicle, automatic operation and temperature settings of an air conditioner, settings of seat positions, driving mode, correction values (constants, learned values) for adjustment of braking and driving power, acquired based on driving characteristics of the user, and so forth. para. [0047]:The acquiring unit 37 acquires a user ID identifying the user when starting usage of the vehicle. The electronic control unit 13e is capable of bringing the user ID onto the onboard network 2 by performing communication with the portable terminal 3 of the user in the present embodiment, as illustrated in FIG. 1…para. [0049]: The control unit 39 reads out the settings information acquired by the communication unit 38from the storage device 34, and transfers settings values included in the settings information that is read out to the electronic control unit identified by the software ID included in the settings information.); and
outputting the personal-characteristics data corresponding to the driver such that the personal-characteristics data can be used by the second vehicle (see at least Takatsuna, para. [0049]: The control unit 39 reads out the settings information acquired by the communication unit 38from the storage device 34, and transfers settings values included in the settings information that is read out to the electronic control unit identified by the software ID included in the settings information. & para. [0070]: Accordingly, even when the user uses different vehicles, the user experience can be made to be the same or approximately equivalent each time, within the functions that the vehicle can provide and the range of vehicle characteristics, thereby suppressing the look and feel for the user from greatly changing.),
when a predetermined condition is satisfied (see at least Takatsuna, para. [0048]: When starting to use the vehicle, the communication unit 38 transmits the user ID acquired by the acquiring unit 37 to the server 1, and requests transmission of settings information. The communication unit 38 receives the settings information transmitted from the server 1, and stores the received settings information in the storage device 34.).
However Takatsuna does not explicitly disclose
causing, via the outputting of the personal-characteristics data, the second vehicle to control at least one of a speaker or a lamp based on the personal-characteristics data and driving situation information,
wherein the personal-characteristics data indicates a safety confirmation behavior of the driver, the safety confirmation behavior including at least one of: safety checks during at least one of left or right turns; safety checks during reversing; safety checks before starting; or safety checks before lane changes.
Nakagawa teaches
causing, via the outputting of the personal-characteristics data, the second vehicle to control at least one of a speaker or a lamp based on the personal-characteristics data and driving situation information (see at least Nakagawa, para. [0037-0038]: At step 206, the controller 102 may determine differences between the selected vehicle and the customary vehicle. The controller 102 may determine such differences, for example, by comparing one or more systems, features, and other aspects of the selected vehicle with one or more systems, features, and other aspects of the customary vehicle or vehicles. The stored functional, safety, and performance features may include, for example, information relating to the control systems (e.g., steering, transmission, acceleration/deceleration, cruise control, active steering, lighting, navigation system, etc.), safety (e.g., airbag controls, seat belts, emergency brakes, emergency lights, etc.),and/or entertainment (e.g., Bluetooth connectivity, hands-free phone link, video, radio, etc.) feature of the selected vehicle and the customary vehicle…The determined difference information may be provided to the user using, for example, his or her device 104, an infotainment system of the selected vehicle from the plurality of vehicles 106, or another device capable of presenting information to the user that is communicatively coupled to the network 110 and/or the controller 102. The determined difference information may include one or more instructions or informational texts, audio files, and/or video files that may provide information to the user about features of the selected vehicle that are distinct from his or her customary vehicle, customary systems, customary features, or other customary vehicle aspects.),
wherein the personal-characteristics data indicates a driving behavior of the driver (see at least Nakagawa, para. [0037-0038]: At step 206, the controller 102 may determine differences between the selected vehicle and the customary vehicle. The controller 102 may determine such differences, for example, by comparing one or more systems, features, and other aspects of the selected vehicle with one or more systems, features, and other aspects of the customary vehicle or vehicles. The stored functional, safety, and performance features may include, for example, information relating to the control systems (e.g., steering, transmission, acceleration /deceleration, cruise control, active steering, lighting, navigation system, etc.), safety (e.g., airbag controls, seat belts, emergency brakes, emergency lights, etc.),and/or entertainment (e.g., Bluetooth connectivity, hands-free phone link, video, radio, etc.) feature of the selected vehicle and the customary vehicle.
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 Takatsuna to incorporate the teaching of causing, via the outputting of the personal-characteristics data, the second vehicle to control at least one of a speaker or a lamp based on the personal-characteristics data and driving situation information, wherein the personal-characteristics data indicates a driving behavior of the driver of Nakagawa, with a reasonable expectation of success, in order to enjoy easy operation and owners are more likely to provide their vehicles for use by other unknown users of the system (see at least Nakagawa, para. [0061]).
Goertz teaches
causing, via the outputting of the personal-characteristics data, the vehicle to control at least one of a speaker or a lamp based on the personal-characteristics data and driving situation information, wherein the personal-characteristics data indicates a safety confirmation behavior of the driver, the safety confirmation behavior including at least one of: safety checks during at least one of left or right turns; safety checks during reversing; safety checks before starting; or safety checks before lane changes (see at least Goertz, para. [0051-0052]: As specified above, vehicle safety system 12 incorporates a circuitry that detects user activating input receivers and activates an alarm if input receivers 18 are not activated followed by activation of pressure switch 22. In the present embodiment, vehicle safety system 12 checks whether all inputs 18 have been activated before starting engine 24 of vehicle 14 to provide access to user 16.Method 100 starts at step 202. At step 204, vehicle safety system 12 checks whether input receivers18 received user's input within the predetermined time period. If all input receivers 18 receive (step206) the input, then vehicle safety system 12 checks whether engine 24 has been started (step 208). If engine 24 starts after all input receivers 18 have been pressed, then method 200 ends at step 210 and no further action is taken….If vehicle safety system 12 detects that engine 24 has been started (step 212) without detecting any input from input receivers 18 at step 204 or if all input receivers 18 have not been pressed (at step206), then vehicle safety system 12 employs alarm 46 to alert people nearby vehicle 14 as explained above.).
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 Takatsuna to incorporate the teaching of causing, via the outputting of the personal-characteristics data, the vehicle to control at least one of a speaker or a lamp based on the personal-characteristics data and driving situation information, wherein the personal-characteristics data indicates a safety confirmation behavior of the driver, the safety confirmation behavior including at least one of: safety checks during at least one of left or right turns; safety checks during reversing; safety checks before starting; or safety checks before lane changes of Goertz, with a reasonable expectation of success, in order to provide a vehicle safety system that provides access to the user to operate the vehicle after he walks around the vehicle and clears any obstruction before starting the vehicle (see at least Goertz, para. [0008]).
Conclusion
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 MOHAMED ABDO ALGEHAIM whose telephone number is (571)272-3628. The examiner can normally be reached Monday-Friday 8-5PM EST.
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/MOHAMED ABDO ALGEHAIM/Primary Examiner, Art Unit 3668
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