DETAILED ACTION
Claims 1-5, 9-17 and 20-24 received on 08/29/2024 are considered in this office action.
Claims 1-5, 9-17 and 20-24 are pending for examination.
Claims 6-8, 18-19 and 25-39 were cancelled.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
In response to the applicant’s amendment which recites additional structure of the infotainment system, claim interpretation under 35 USC § 112(f) is not invoked.
Applicant's arguments regarding claims 16-17 and 21-24 rejected under 35 USC § 101 have been fully considered and are persuasive. The rejection of claims 16-17 and 21-24 under 35 USC § 101 has been withdrawn.
In the Remarks, Applicant argues that the prior arts cited by the Examiner fail to disclose the following claim limitations (Remarks, pg 11-12):
wherein the static image is provided directly to the timing controller via the embedded controller for inclusion in a first portion of the user interface, wherein a remainder of the user interface is rendered via the infotainment system, and wherein the infotainment system provides rendered information to an input of the display.
The Examiner respectfully disagrees.
The basis of the argument comes from the Applicant’s allegation that the prior arts cited by the failed to show: (a) what element is alleged to be the embedded controller or timing controller or another controller, (b) communication between such controllers, and (c) the touch signal is received from the user interface/touch screen and sent to the controller and then sent to the display controller to update the outline/static image.
Regarding the claimed limitation, Montes specifically teaches the claimed function of the static image is provided […] for inclusion in a first portion of the user interface (Montes FIGs. 1-5; Montes para. [0020]: “The on-screen gear selector 12 provides an interface between the driver of the vehicle and the automatic transmission of the vehicle. In one embodiment, the selector 12 is in electronic communication with the electronic control unit (ECU) of the vehicle such that when the selector 12 is used to select a mode of operation, the ECU directs the transmission to change to the selected mode of operation”; Montes para. [0024]: “Reverse mode of operation, the second icon 24 is touched by the driver, and the transmission is changed to operate in the Reverse mode of operation. The outline 32 then surrounds the second icon 24.”), wherein a remainder of the user interface is rendered […] (Montes FIGs. 3-5, wherein a portion of the display is showing a map or camera, and another portion is showing the gear selection display), and wherein […] provides rendered information to an input of the display (Montes FIGs.3-5), but fails to specifically teach separate controllers to perform certain functions. However, Larin specifically teaches that the functions can be performed by a single controller or multiple controllers (Larin FIG. 5; Larin para. [0059]-[0060]: “The control apparatus 55 may comprise one or more separate controllers within the scope of the invention, which may be disposed together or distributed around the vehicle 200 or gear selection system 100 […] The control apparatus 55 may comprise one or more display controllers configured to control the centre console display 20 and the instrument cluster display 10, and/or a transmission controller configured to control the actuator 212, and/or a master controller configured to control one or more previously-mentioned controllers and/or any other controller in the system”), thus teaching (a) or separate controllers which correspond to embedded controller or timing controller or another controller may be comprised to perform the claimed function. Therefore, the combination of Montes in view of Larin teaches (b) communication between such controllers and (c) the touch signal is received from the user interface/touch screen and sent to the controller and then sent to the display controller to update the outline/static image, as the display is updated based on the gear selection, which must be processed by a controller and sent to a display controller to be displayed in the display as shown in FIGs. 3-5 of Montes.
Therefore, the rejection is maintained.
However, in contrast to claim 1 which mentions separate controllers performing functions, claim 9 recites an infotainment system is disallowed from communicating with the propulsion system, thus indicating that it is distinct from the embedded controller which is in communication with a propulsion system, thus Applicant’s arguments being persuasive. The rejection of claim 9 under 35 USC § 103 has been withdrawn.
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 for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 1-4, 10, 12-17 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Montes (US 20140149909 A1), in view of Larin (US20190255949A1).
Montes is cited in the IDS received on 04/08/2024.
Regarding claim 1, Montes teaches a method implemented by an embedded controller included a vehicle (para. [0020]: “the selector 12 is in electronic communication with the electronic control unit (ECU) of the vehicle such that when the selector 12 is used to select a mode of operation, the ECU directs the transmission to change to the selected mode of operation”), the method comprising:
receiving, from a display positioned in the vehicle, user input directed to a user interface presented via the display, wherein the user interface is rendered by (FIGs. 1-2; para. [0019]: “The instrument panel 10 includes an on-screen gear selector”; para. [0020]: “The gear selector 12 is part of a touch screen 20, […] The on-screen gear selector 12 provides an interface between the driver of the vehicle and the automatic transmission of the vehicle. […] the selector 12 is used to select a mode of operation”; para. [0024]: “If the vehicle driver desires to place the transmission, and therefore the vehicle, in another mode of operation, one of the other icons 22,24,26,30 is touched, and the transmission is changed to be in the mode of operation chosen”; para. [0020]: “the selector 12 is in electronic communication with the electronic control unit (ECU) of the vehicle such that when the selector 12 is used to select a mode of operation, the ECU directs the transmission to change to the selected mode of operation”, “the selector 12 is in electronic communication with the electronic control unit (ECU)” indicates that the user interface is rendered by the ECU );
identifying, based on the user input, a gear shift request associated with adjusting a propulsion direction of the vehicle (FIGs. 1-2; para. [0023]-[0024]: “When the vehicle driver desires to drive the vehicle, the proper icon 22,24,26,28,30 is touched which corresponds to the desired mode of operation for the transmission. In the example shown in FIGS. 1-2, the fourth icon 28 on the touch screen 20 is touched to configure the transmission, and therefore the vehicle, in the drive mode of operation, or “Drive.” When the vehicle is in Drive, the fourth icon 28 is surrounded by the outline 32, as shown in FIG. 2 […] If the driver desires the transmission, and therefore the vehicle, changed to be in the Reverse mode of operation, the second icon 24 is touched by the driver, and the transmission is changed to operate in the Reverse mode of operation.”, wherein changing based on the selected icon/gear indicates the step of identifying a gear shift request); and
updating the user interface to include a static image associated with the gear shift request (FIGs. 2-5; para. [0025]: “An example of this is shown in FIG. 3, where the display screen 34 of a navigation system is shown, and the fourth icon 28 and the outline 32 shown in a minimized position. In an embodiment of the present invention, the fourth icon 28 and outline 32 may change to the minimized position after a predetermined amount of driving time when the transmission is left in one particular mode of operation”; para. [0024]: “the Reverse mode of operation, the second icon 24 is touched by the driver, and the transmission is changed to operate in the Reverse mode of operation. The outline 32 then surrounds the second icon 24.”, wherein the display shows the outline surrounding the icon corresponding to the current gear which is selected, and icon corresponds to a static image),
wherein the embedded controller provides information associated with the static image to a (para. [0024]: “If the driver desires the transmission, and therefore the vehicle, changed to be in the Reverse mode of operation, the second icon 24 is touched by the driver, and the transmission is changed to operate in the Reverse mode of operation. The outline 32 then surrounds the second icon 24. […] By touching the proper icon 22,24,26,28,30 which corresponds to the desired mode of operation of the transmission, the transmission is then configured to operate in the desired mode of operation. Also, the outline 20 is positioned to surround the icon 22,24,26,28,30 which represents the current mode of operation of the transmission”, wherein the display is updated based on the selection and operation of the transmission thus indicating provides information to the display),
wherein the embedded controller is in communication with a propulsion system which controls the propulsion direction of the vehicle, and wherein the embedded controller routes the gear shift request to the propulsion system (para. [0019]: “The instrument panel 10 includes an on-screen gear selector”; para. [0020]: “The gear selector 12 is part of a touch screen 20, […] The on-screen gear selector 12 provides an interface between the driver of the vehicle and the automatic transmission of the vehicle. In one embodiment, the selector 12 is in electronic communication with the electronic control unit (ECU) of the vehicle such that when the selector 12 is used to select a mode of operation, the ECU directs the transmission to change to the selected mode of operation.”, wherein “transmission” indicates propulsion system),
wherein the static image is provided (Montes FIGs. 1-5; Montes para. [0020]: “The on-screen gear selector 12 provides an interface between the driver of the vehicle and the automatic transmission of the vehicle. In one embodiment, the selector 12 is in electronic communication with the electronic control unit (ECU) of the vehicle such that when the selector 12 is used to select a mode of operation, the ECU directs the transmission to change to the selected mode of operation”; Montes para. [0024]: “Reverse mode of operation, the second icon 24 is touched by the driver, and the transmission is changed to operate in the Reverse mode of operation. The outline 32 then surrounds the second icon 24.”), wherein a remainder of the user interface is rendered (Montes FIGs. 3-5, wherein a portion of the display is showing a map or camera, and another portion is showing the gear selection display), and wherein (Montes FIGs.3-5), but fails to specifically teach infotainment system and timing controller of the display.
However, in the same field of endeavor, Larin teaches the user interface is rendered by an infotainment system included in the vehicle (FIG. 5; para. [0059]-[0060]: “The control apparatus 55 may comprise one or more separate controllers within the scope of the invention, which may be disposed together or distributed around the vehicle 200 or gear selection system 100 […] The control apparatus 55 may comprise one or more display controllers configured to control the centre console display 20 and the instrument cluster display 10, and/or a transmission controller configured to control the actuator 212, and/or a master controller configured to control one or more previously-mentioned controllers and/or any other controller in the system”, wherein “disposed together or distributed” indicates that a single or multiple controllers can be used to achieve a function, thus indicating a display controller can be used to render the user interface);
updating the user interface to include a static image associated with the gear shift request (FIG. 1b-1c; para. [0033]: “The method may further comprise displaying a currently selected gear on an instrument cluster display”, wherein the currently selected gear is displayed with a dark background as shown inf FIGs. 1b-1c), and
wherein the embedded controller provides information associated with the static image to a timing controller of the display (FIG. 5 element 55; para. [0059]-[0060]: “The control apparatus 55 may comprise one or more separate controllers within the scope of the invention, which may be disposed together or distributed around the vehicle 200 or gear selection system 100 […] The control apparatus 55 may comprise one or more display controllers configured to control the centre console display 20 and the instrument cluster display 10, and/or a transmission controller configured to control the actuator 212, and/or a master controller configured to control one or more previously-mentioned controllers and/or any other controller in the system”, wherein display controllers comprise of timing controller of the display, and FIG. 5 shows a controller receiving the touch information or selected gear from the user interface and a display is updated accordingly, thus indicating the embedded controller provides information).
Montes and Larin are considered to be analogous to the claimed invention because both are in the same field of changing gear via a user interface shown in a display. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have substitute the ECU of Montes with the one or more separate controllers of Larin, including the one or more display controllers, because they both perform the function of controlling the display/user interface (Larin, para. [0059]: “The control apparatus 55 may comprise one or more separate controllers within the scope of the invention, which may be disposed together or distributed around the vehicle 200 or gear selection system 100.”) and the result of the substitution would have been predictable in showing the gear selection GUI comprising of the currently selected gear information and sending the gear information to the transmission to change the gear. Furthermore, the combination of Montes in view of Larin teaches wherein the static image is provided directly to the timing controller via the embedded controller for inclusion in a first portion of the user interface, wherein a remainder of the user interface is rendered via the infotainment system, and wherein the infotainment system provides rendered information to an input of the display.
Regarding claim 2, Montes in view of Larin teaches the method of claim 1. Montes and Larin further teaches wherein the embedded controller provides the user input to the infotainment system (Montes para. [0006]: “The plurality of icons are part of the on-screen gear selector, and an outline surrounds at least one of the icons to provide an indication of which mode of operation the automatic transmission is configured to operate. One of the icons is selected to configure the automatic transmission to operate in the corresponding mode of operation, and the outline surrounds the icon which is selected”; Larin FIG. 5 element 55; Larin para. [0023]: “selecting a gear in a vehicle comprising receiving a first user gesture, and controlling a display screen to display a gear selection GUI indicating a currently selected gear in response to the first user gesture being detected”; Larin para. [0060]: “The control apparatus 55 may comprise one or more display controllers configured to control the centre console display 20 and the instrument cluster display 10”, wherein the GUI updating based on the selection indicates embedded controller provides the user input to the infotainment system), and wherein the infotainment system updates the user interface based on the user input (Montes FIGs. 1-5; Larin FIGs. 1a-1c, the display is updated to show the selected/newly changed gear information).
Regarding claim 3, Montes in view of Larin teaches the method of claim 1. Montes further teaches wherein the received user input is indicative of touch input directed to the display (FIGs. 1-2 and 4-5; para. [0024]: “If the vehicle driver desires to place the transmission, and therefore the vehicle, in another mode of operation, one of the other icons 22,24,26,30 is touched, and the transmission is changed to be in the mode of operation chosen.”; para. [0006]: “A touch screen is mounted as part of an instrument panel, and an on-screen gear selector is selectively displayed on the touch screen.”), and wherein the received user input indicates locations at which touches occurred (FIGs. 1-2 and 4-5; para. [0024]: “If the driver desires the transmission, and therefore the vehicle, changed to be in the Reverse mode of operation, the second icon 24 is touched by the driver, and the transmission is changed to operate in the Reverse mode of operation. The outline 32 then surrounds the second icon 24.”, wherein the selection of icon among icons indicate the received user input indicates locations at which touches occurred).
Regarding claim 4, Montes in view of Larin teaches the method of claim 1. Montes further teaches wherein identifying the gear shift request comprises: determining whether the user input is directed to the portion of the user interface associated with selection of a gear (FIGs. 1-2 and 4-5; para. [0019]: “Referring now to the Figures generally, a portion of an instrument panel incorporating a gear selector function according to the present invention is shown generally at 10.”; para. [0027]: “is also within the scope of the invention that the pop-up mode may be used with other functions being displayed on the touch screen 20. When the selector 12 is in pop-up mode, one of the icons 26,28,30 may be selected to change the mode of operation of the transmission, while the display screen 34 of the navigation system (or other function of the touch screen 20) is being displayed.”, wherein the corresponding icons 26,28,30 may be selected indicate determining whether the user input is directed to a portion of the user interface associated with selection of a gear).
Regarding claim 10, Montes in view of Larin teaches the method of claim 1. Montes and Larin further teaches wherein the embedded controller provides information identifying a particular static image to be presented in the user interface (Montes para. [0006]: “The plurality of icons are part of the on-screen gear selector, and an outline surrounds at least one of the icons to provide an indication of which mode of operation the automatic transmission is configured to operate. One of the icons is selected to configure the automatic transmission to operate in the corresponding mode of operation, and the outline surrounds the icon which is selected”; Larin para. [0023]: “selecting a gear in a vehicle comprising receiving a first user gesture, and controlling a display screen to display a gear selection GUI indicating a currently selected gear in response to the first user gesture being detected”; Larin para. [0060]: “The control apparatus 55 may comprise one or more display controllers configured to control the centre console display 20 and the instrument cluster display 10”; Montes FIGs. 1-5; Larin FIGs. 1a-1c, wherein the selected icon/gear is outlined in response to the selection, thus indicates provides information identifying a particular static image to be presented in the user interface as the touch signal is received from the user interface/touch screen and sent to the controller and then sent to the display controller to update the outline/static image), and wherein the timing controller obtains the particular static image from a read only memory (Larin para. [0084]: “Embodiments of the present disclosure may be implemented in software, hardware, application logic or a combination of software, hardware and application logic. The software, application logic and/or hardware may reside on memory, or any computer media”; Larin para. [0088]: “By way of example, and not limitation, such “computer-readable storage medium” may mean a non-transitory computer-readable storage medium which may comprise RAM, ROM, EEPROM, CD-ROM or other optical disk storage, magnetic disk storage, or other magnetic storage devices, flash memory, or any other medium that can be used to store desired program code in the form of instructions or data structures and that can be accessed by a computer”, wherein ROM indicates “read only memory”, wherein the algorithm, data, logic to implement the invention is obtained from ROM, which indicates that images are from the ROM).
Regarding claim 12, Montes teaches a method implemented by a vehicle processor system, the vehicle processor system comprising an embedded controller (para. [0020]: “the selector 12 is in electronic communication with the electronic control unit (ECU) of the vehicle such that when the selector 12 is used to select a mode of operation, the ECU directs the transmission to change to the selected mode of operation”),
wherein the vehicle processor system is configured to present a user interface for presentation via a display of a vehicle (FIGs. 1-5; para. [0006]: “A touch screen is mounted as part of an instrument panel, and an on-screen gear selector is selectively displayed on the touch screen”),
wherein the user interface: presents a first portion, the first portion including a static image indicative of a currently selected gear, the currently selected gear being associated with a particular propulsion direction (FIGs. 4-5; para. [0027]: “FIG. 4 shows a “pop-up” mode of operation of the selector 12, where several of the icons 26,28,30 are shown next to the display screen 34 of the navigation system. It is also within the scope of the invention that the pop-up mode may be used with other functions being displayed on the touch screen 20. When the selector 12 is in pop-up mode, one of the icons 26,28,30 may be selected to change the mode of operation of the transmission, while the display screen 34 of the navigation system (or other function of the touch screen 20) is being displayed”; para. [0028]: “when the transmission is in the Reverse mode of operation, and the outline 32 surrounds the second icon 24”, wherein the display shows the outline surrounding the icon corresponding to the current gear which is selected, and icon corresponds to a static image),
wherein the static image is provided via the embedded controller to (para. [0024]: “If the driver desires the transmission, and therefore the vehicle, changed to be in the Reverse mode of operation, the second icon 24 is touched by the driver, and the transmission is changed to operate in the Reverse mode of operation. The outline 32 then surrounds the second icon 24.”; para. [0020]: “the selector 12 is in electronic communication with the electronic control unit (ECU) of the vehicle such that when the selector 12 is used to select a mode of operation, the ECU directs the transmission”, wherein the request is processed by the ECU and then the change is made to the display, thus indicating the static image is provided via the embedded controller);
presents a second portion, the second portion including a dynamic user interface associated with disparate vehicle functionality, the dynamic user interface (FIGs. 4-5; para. [0027]: “FIG. 4 shows a “pop-up” mode of operation of the selector 12, where several of the icons 26,28,30 are shown next to the display screen 34 of the navigation system. It is also within the scope of the invention that the pop-up mode may be used with other functions being displayed on the touch screen 20. When the selector 12 is in pop-up mode, one of the icons 26,28,30 may be selected to change the mode of operation of the transmission, while the display screen 34 of the navigation system (or other function of the touch screen 20) is being displayed.”, wherein “display screen 34” showing “other function” corresponds to the second portion); and
responds to user input provided to the first portion associated with changing the currently selected gear (para. [0027]: “When the selector 12 is in pop-up mode, one of the icons 26,28,30 may be selected to change the mode of operation of the transmission, while the display screen 34 of the navigation system (or other function of the touch screen 20) is being displayed.”; para. [0024]: “If the driver desires the transmission, and therefore the vehicle, changed to be in the Reverse mode of operation, the second icon 24 is touched by the driver, and the transmission is changed to operate in the Reverse mode of operation. The outline 32 then surrounds the second icon 24.”),
wherein the user input is routed by the display to the embedded controller (para. [0020]: “one embodiment, the selector 12 is in electronic communication with the electronic control unit (ECU) of the vehicle such that when the selector 12 is used to select a mode of operation, the ECU directs the transmission to change to the selected mode of operation”), and
wherein the embedded controller generates a gear change request for transmission to a propulsion system (para. [0020]: “one embodiment, the selector 12 is in electronic communication with the electronic control unit (ECU) of the vehicle such that when the selector 12 is used to select a mode of operation, the ECU directs the transmission to change to the selected mode of operation”), but fails to specifically teach infotainment system and timing controller of the display.
However, in the same field of endeavor, Larin teaches vehicle processor system comprising an embedded controller and an infotainment system and the dynamic user interface being rendered by the infotainment system (FIG. 5; para. [0059]-[0060]: “The control apparatus 55 may comprise one or more separate controllers within the scope of the invention, which may be disposed together or distributed around the vehicle 200 or gear selection system 100 […] The control apparatus 55 may comprise one or more display controllers configured to control the centre console display 20 and the instrument cluster display 10, and/or a transmission controller configured to control the actuator 212, and/or a master controller configured to control one or more previously-mentioned controllers and/or any other controller in the system”, wherein “disposed together or distributed” indicates that a single or multiple controllers can be used to achieve a function, thus indicating a display controller can be used to render the dynamic user interface);
the first portion including a static image (FIG. 1b-1c; para. [0033]: “The method may further comprise displaying a currently selected gear on an instrument cluster display”, wherein the currently selected gear is displayed with a dark background as shown inf FIGs. 1b-1c), and the static image is provided via the embedded controller to a timing controller of the display (FIG. 5; para. [0059]-[0060]: “The control apparatus 55 may comprise one or more separate controllers within the scope of the invention, which may be disposed together or distributed around the vehicle 200 or gear selection system 100 […] The control apparatus 55 may comprise one or more display controllers configured to control the centre console display 20 and the instrument cluster display 10, and/or a transmission controller configured to control the actuator 212, and/or a master controller configured to control one or more previously-mentioned controllers and/or any other controller in the system”, wherein display controllers comprise of timing controller of the display, and FIG. 5 shows a controller receiving the touch information or selected gear from the user interface and a display is updated accordingly, thus indicating the embedded controller provides the static image).
Montes and Larin are considered to be analogous to the claimed invention because both are in the same field of changing gear via a user interface shown in a display. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have substitute the ECU of Montes with the one or more separate controllers of Larin, including the one or more display controllers, because they both perform the function of controlling the display/user interface (Larin, para. [0059]: “The control apparatus 55 may comprise one or more separate controllers within the scope of the invention, which may be disposed together or distributed around the vehicle 200 or gear selection system 100.”) and the result of the substitution would have been predictable in showing the gear selection GUI comprising of the currently selected gear information.
Regarding claim 13, Montes in view of Larin teaches the method of claim 12. Montes further teaches wherein the embedded controller updates the static image based on the gear change request (FIGs. 1-5: “outline 32”; para. [0024]: “If the driver desires the transmission, and therefore the vehicle, changed to be in the Reverse mode of operation, the second icon 24 is touched by the driver, and the transmission is changed to operate in the Reverse mode of operation. The outline 32 then surrounds the second icon 24.”, wherein the outline is changed to the newly selected gear).
Regarding claim 14, Montes in view of Larin teaches the method of claim 12. Montes further teaches wherein the embedded controller analyzes the user input to determine a change in the currently selected gear (FIGs. 1-5; para. [0024]: “If the vehicle driver desires to place the transmission, and therefore the vehicle, in another mode of operation, one of the other icons 22,24,26,30 is touched, and the transmission is changed to be in the mode of operation chosen.”, wherein changed to be in the mode of operation chosen indicates analyzes the user input to determine a change in the currently selected gear).
Regarding claim 15, Montes in view of Larin teaches the method of claim 12. Montes further teaches wherein the infotainment system updates the dynamic user interface to present an animation associated with changing the currently selected gear (FIGs. 1-5; para. [0019]: “The instrument panel 10 includes an on-screen gear selector”; para. [0020]: “The gear selector 12 is part of a touch screen 20, […] The on-screen gear selector 12 provides an interface between the driver of the vehicle and the automatic transmission of the vehicle. […] the selector 12 is used to select a mode of operation”; para. [0027]: “FIG. 4 shows a “pop-up” mode of operation of the selector 12, where several of the icons 26,28,30 are shown next to the display screen 34 of the navigation system. It is also within the scope of the invention that the pop-up mode may be used with other functions being displayed on the touch screen 20.”, wherein the process of pop-up mode and selection indicates an animation), and wherein subsequent to the animation, the embedded controller updates the static image (FIGs. 1-5; para. [0023]-[0024]: “When the vehicle driver desires to drive the vehicle, the proper icon 22,24,26,28,30 is touched which corresponds to the desired mode of operation for the transmission. In the example shown in FIGS. 1-2, the fourth icon 28 on the touch screen 20 is touched to configure the transmission, and therefore the vehicle, in the drive mode of operation, or “Drive.” When the vehicle is in Drive, the fourth icon 28 is surrounded by the outline 32, as shown in FIG. 2 […] If the driver desires the transmission, and therefore the vehicle, changed to be in the Reverse mode of operation, the second icon 24 is touched by the driver, and the transmission is changed to operate in the Reverse mode of operation.”).
Regarding claim 16, Montes teaches a vehicle processor system for inclusion in a vehicle, the vehicle processor system being in communication with a display (para. [0020]: “The gear selector 12 is part of a touch screen 20, […], the selector 12 is in electronic communication with the electronic control unit (ECU) of the vehicle such that when the selector 12 is used to select a mode of operation”), and the vehicle processor system comprising:
an embedded controller, the embedded controller configured to receive touch input information from the display, the touch input information reflecting interactions with the display by a person in the vehicle (FIGs. 1-5; para. [0020]: “the selector 12 is in electronic communication with the electronic control unit (ECU) of the vehicle such that when the selector 12 is used to select a mode of operation, the ECU directs the transmission to change to the selected mode of operation.”),
wherein the embedded controller is configured to analyze received touch input to determine that the touch input reflects a gear change request (FIGs. 1-5; para. [0024]: “If the vehicle driver desires to place the transmission, and therefore the vehicle, in another mode of operation, one of the other icons 22,24,26,30 is touched, and the transmission is changed to be in the mode of operation chosen.”, wherein changed to be in the mode of operation chosen indicates analyze received touch input to determine that the touch input reflects a gear change request); and
(para. [0020]: “The on-screen gear selector 12 provides an interface between the driver of the vehicle and the automatic transmission of the vehicle. In one embodiment, the selector 12 is in electronic communication with the electronic control unit (ECU) of the vehicle such that when the selector 12 is used to select a mode of operation, the ECU directs the transmission to change to the selected mode of operation”),
wherein (FIGs. 1-5; para. [0024]: “If the vehicle driver desires to place the transmission, and therefore the vehicle, in another mode of operation, one of the other icons 22,24,26,30 is touched, and the transmission is changed to be in the mode of operation chosen. If the driver desires the transmission, and therefore the vehicle, changed to be in the Reverse mode of operation, the second icon 24 is touched by the driver, and the transmission is changed to operate in the Reverse mode of operation. The outline 32 then surrounds the second icon 24.”),
wherein the embedded controller is configured to cause presentation of a static image reflecting a vehicle operational parameter (FIGs. 1-5: “outline 32”; para. [0024]: “The outline 32 then surrounds the second icon 24.”),
wherein the vehicle operational parameter reflects a currently selected gear of the vehicle (para. [0024]: “changed to be in the Reverse mode of operation, the second icon 24 is touched by the driver, and the transmission is changed to operate in the Reverse mode of operation. The outline 32 then surrounds the second icon 24.”), and
wherein the embedded controller provides information associated with the static image to(para. [0024]: “If the driver desires the transmission, and therefore the vehicle, changed to be in the Reverse mode of operation, the second icon 24 is touched by the driver, and the transmission is changed to operate in the Reverse mode of operation. The outline 32 then surrounds the second icon 24. […] By touching the proper icon 22,24,26,28,30 which corresponds to the desired mode of operation of the transmission, the transmission is then configured to operate in the desired mode of operation. Also, the outline 20 is positioned to surround the icon 22,24,26,28,30 which represents the current mode of operation of the transmission”, wherein the display is updated based on the selection and operation of the transmission thus indicating provides information to the display),
wherein a remainder of the user interface is rendered (FIG. 3-5, wherein portion of display shows a different content and thus indicates being rendered by a component), but fails to specifically teach an infotainment system being in communication with the embedded controller and configured to render a dynamic user interface for presentation via the display, timing controller of the display and wherein a remainder of the user interface is rendered via the infotainment system.
However, in the same field of endeavor, Larin teaches an infotainment system comprising one or more processors (para. [0059]-[0060]: “one or more display controllers”), an infotainment system being in communication with the embedded controller and configured to render a dynamic user interface for presentation via the display (FIG. 5; para. [0059]-[0060]: “The control apparatus 55 may comprise one or more separate controllers within the scope of the invention, which may be disposed together or distributed around the vehicle 200 or gear selection system 100 […] The control apparatus 55 may comprise one or more display controllers configured to control the centre console display 20 and the instrument cluster display 10, and/or a transmission controller configured to control the actuator 212, and/or a master controller configured to control one or more previously-mentioned controllers and/or any other controller in the system”, wherein “disposed together or distributed” indicates that a single or multiple controllers can be used to achieve a function, thus indicating a display controller can be used to render the dynamic user interface and updating the display based on the received selection indicate an infotainment system being in communication with the embedded controller ), and
the embedded controller provides information associated with the static image to a timing controller of the display (FIG. 1b-1c; para. [0033]: “The method may further comprise displaying a currently selected gear on an instrument cluster display”, wherein the currently selected gear is displayed with a dark background as shown inf FIGs. 1b-1c; FIG. 5; para. [0059]-[0060]: “The control apparatus 55 may comprise one or more separate controllers within the scope of the invention, which may be disposed together or distributed around the vehicle 200 or gear selection system 100 […] The control apparatus 55 may comprise one or more display controllers configured to control the centre console display 20 and the instrument cluster display 10, and/or a transmission controller configured to control the actuator 212, and/or a master controller configured to control one or more previously-mentioned controllers and/or any other controller in the system”, wherein display controllers comprise of timing controller of the display), and
wherein a remainder of the user interface is rendered via the infotainment system (para. [0059]-[0060]: “The control apparatus 55 may comprise one or more separate controllers within the scope of the invention, which may be disposed together or distributed around the vehicle 200 or gear selection system 100 […] The control apparatus 55 may comprise one or more display controllers configured to control the centre console display 20 and the instrument cluster display 10, wherein a different controller can be used to control the display).
Montes and Larin are considered to be analogous to the claimed invention because both are in the same field of changing gear via a user interface shown in a display. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have substitute the ECU of Montes with the one or more separate controllers of Larin, including the one or more display controllers, because they both perform the function of controlling the display/user interface (Larin, para. [0059]: “The control apparatus 55 may comprise one or more separate controllers within the scope of the invention, which may be disposed together or distributed around the vehicle 200 or gear selection system 100.”) and the result of the substitution would have been predictable in showing the gear selection GUI comprising of the currently selected gear information.
Regarding claim 17, Montes in view of Larin teaches the vehicle processor system of claim 16. Larin further teaches wherein the infotainment system is connected to the display via an input port (para. [0008]: “a gear selection system for a vehicle, comprising a touch-sensitive user input device configured for receiving user input in the form of user touch gestures, a display screen for displaying a gear selection Graphical User Interface (GUI)”; Claim 5: “The gear selection system according to claim 1, wherein the display screen and the user input device are embodied together as a touch-sensitive display screen”, wherein the driver’s input and analyzed via a controller, thus indicating the infotainment system is connected to the display via an input port).
Regarding claim 20, Montes in view of Larin teaches the vehicle processor system of claim 16. Montes further teaches wherein the embedded controller is configured to provide the gear change request to a propulsion system to effectuate a change in propulsion direction (para. [0020]: “the selector 12 is in electronic communication with the electronic control unit (ECU) of the vehicle such that when the selector 12 is used to select a mode of operation, the ECU directs the transmission to change to the selected mode of operation”; para. [0023]-[0024]: “When the vehicle driver desires to drive the vehicle, the proper icon 22,24,26,28,30 is touched which corresponds to the desired mode of operation for the transmission. In the example shown in FIGS. 1-2, the fourth icon 28 on the touch screen 20 is touched to configure the transmission, and therefore the vehicle, in the drive mode of operation, or “Drive.” When the vehicle is in Drive, the fourth icon 28 is surrounded by the outline 32, as shown in FIG. 2 […] If the driver desires the transmission, and therefore the vehicle, changed to be in the Reverse mode of operation, the second icon 24 is touched by the driver, and the transmission is changed to operate in the Reverse mode of operation.”).
Regarding claim 21, Montes in view of Larin teaches the vehicle processor system of claim 16. Montes further teaches wherein the embedded controller is configured to update the presented static image based on the gear change request (FIGs. 1-5; para. [0024]: “If the driver desires the transmission, and therefore the vehicle, changed to be in the Reverse mode of operation, the second icon 24 is touched by the driver, and the transmission is changed to operate in the Reverse mode of operation. The outline 32 then surrounds the second icon 24.”).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Montes, in view of Larin and further in view of Fribus (US20190011040A1).
Regarding claim 5, Montes in view of Larin teaches the method of claim 1. Montes further teaches visual element in the first portion of the user interface (Montes FIGs. 1-5), but fails to specifically teach wherein identifying the gear shift request comprises: determining that the user input reflects dragging of a visual element in the first portion of the user interface in a particular direction, and wherein the particular direction is indicative of the propulsion direction.
However, Larin teaches determining that the user input reflects dragging of a visual element in the user interface in a particular direction (FIG. 1b-1c; para. [0032]: “The gear selection GUI may be changed in response to the drag gesture being received on the user input device, to indicate a selected gear”; para. [0056]: “Furthermore, the user gesture may be a composite action comprising both touch and drag events,”).
it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the input method of Montes in view of Larin, as taught in claim 1, and incorporate the drag gesture of Larin. Doing so, will enhance user experience by providing additional gestures other than touch (Larin, para. [0032]). Montes in view of Larin fails to specifically teach wherein the particular direction is indicative of the propulsion direction.
However, in the same field of endeavor, Fribus teaches determining that the user input reflects dragging of a visual element in the user interface in a particular direction (FIGs. 2-3; para. [0026]: “wherein a start position S of the shift pattern is displayed at the location of the detected pressure C applied by the finger of the operator V”; para. [0012]: “The operator therefore slides a finger for example, along the surface of the touch sensitive display until the preselection area has been reached.”, wherein the dragging the start position to the preselection area will result in the shift of gear), and wherein the particular direction is indicative of the propulsion direction (para. [0029]: “FIG. 3 show a schematic representation of an alternative embodiment of the operating device 1, in which an alternative shift pattern 9 […] The shift pattern 9 comprises four quadrants for selecting operation modes P, R, N, D of the automobile. Directional arrows are provided, showing possible movements of the pressure C applied by the operator V for selecting the various operation modes P, R, N, D.”, wherein a particular direction corresponds to the propulsion direction).
Fribus is considered to be analogous to the claimed invention because it is in the same field of changing gear via a user interface shown in a display. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the gear selection method of Montes in view of Larin and incorporate the starting point and shift pattern of Fribus. Doing so, will increases the safety and security of the operation of the automobile since the likelihood of making an inadvertent selection of an operation mode is essentially eliminated (Fribus, para. [0005]) and enhance user experience by allowing to adjust the shift pattern.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Montes, in view of Larin and further in view of CHOI (US20170123782A1) and further in view of Teslavangelist (NPL- Tesla Software 8.0 UI changes).
Regarding claim 11, Montes in view of Larin teaches the method of claim 10, but fails to specifically teach wherein the read only memory is configured to be updated via over the air updates with updated static images.
However, CHOI teaches wherein the read only memory is configured to be updated via over the air updates with updated software (para. [0120]: “the update notification message may include a Firmware Over The Air (FOTA) update notification message”; para. [0018]: “The controller may download the update file from the server upon receiving the update notification message during the normal mode, and update the at least one software stored in the storage using the downloaded update file”; para. [0144]: “The storage 163 may include [..] Read Only Memory (ROM), […]”; para. [0003]: “terminal (e.g., user equipment (UE)) may perform various functions (for example, a navigation function, a telephone function, an audio function, a radio function, a broadcast function, a text message service, an Internet function, etc.), and may update software for performing at least one function”, wherein the update of software comprises of updating functions which comprise of updated static images).
CHOI is considered analogous to the claimed invention because it is reasonably pertinent to the problem of updating the software of the 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 Montes in view of Larin and incorporate the OTA update of CHOI. Doing so can improve quality of a terminal (or UE) and vehicle, can increase user satisfaction, and can also improve user convenience and vehicle safety (CHOI, para. [0266]). Montes in view of Larin and further in view of CHOI fails to specifically teach updated static images.
However, Teslavangelist teaches software update comprising of updated static images (Modified FIG. 3; Trasncript 1:00-1:20: “So there's changes such as this where when you hit the seat heater, the seat turns red instead of having those um warmth indicators come up from the bottom. Uh functionally pretty much everything is the same”, wherein Modified FIG. 3 shows the change in image due to an update).
Teslavangelist is considered analogous to the claimed invention because it is reasonably pertinent to the problem of updating the software of the 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 the software update of Montes in view of Larin and further in view of CHOI and incorporate updates on GUI elements as shown in Teslavangelist. Doing so can increase user satisfaction and can also improve user convenience.
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Teslavangelist – Modified FIG. 3
Claims 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Montes, in view of Larin and further in view of Chu (US 20190114132 A1).
Regarding claim 22, Montes in view of Larin teaches the vehicle processor system of claim 16, but fails to specifically teach wherein the embedded controller monitors a heartbeat signal between the embedded controller and the infotainment system, the heartbeat signal being usable to determine a fault associated with the infotainment system.
However, Chu teaches wherein the embedded controller (para. [0027]: “The ECU 308 may include a serializer/deserializer 310 and a cluster MCU 312. The cluster MCU 312 may sometimes be referred to as a system on a chip (SoC) or application processor (AP).”) monitors a heartbeat signal between the embedded controller and the infotainment system (para. [0027]: “The cluster MCU 312 may further communicate over the CAN 314 or other vehicle network. […] Part of the backchannel information may include signals that act as a heartbeat signal that can be monitored by the cluster MCU 312 to indicate the data path to the instrument cluster display 104 is operational”; para. [0025]: “As used herein, a telltale is an indicator of a malfunction of a system within a motor vehicle by an illuminated symbol or text legend. […] other telltales may also be used and the present disclosure is not limited to just those listed here”, wherein “other telltales” indicate that other systems in the vehicle, such as infotainment system, can be shown), the heartbeat signal being usable to determine a fault associated with the infotainment system (para. [0033]: “Note that the detection of the non-functionality may be effectuated by loss of the heartbeat signal, detection of corruption, detection of a blown fuse, a line fault error, or other mechanism as needed or desired”).
Chu is considered analogous to the claimed invention because it is reasonably pertinent to the problem of identifying failure or abnormal system/components. 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 Montes in view of Larin and incorporate the teachings of Chu and detect non-functionality based on heartbeat signal. Doing so will enhance safety of the vehicle by notifying the driver of the malfunction of a system via telltale indicator.
Regarding claim 23, Montes in view of Larin and further in view of Chu teaches the vehicle processor system of claim 22. Chu further teaches wherein the embedded controller determines a fault associated with the infotainment system based on the heartbeat signal (para. [0027]: “The cluster MCU 312 may further communicate over the CAN 314 or other vehicle network. […] Part of the backchannel information may include signals that act as a heartbeat signal that can be monitored by the cluster MCU 312 to indicate the data path to the instrument cluster display 104 is operational”), and wherein the embedded controller causes presentation of static information reflecting the fault (FIG. 2; para. [0025]: “As used herein, a telltale is an indicator of a malfunction of a system within a motor vehicle by an illuminated symbol or text legend. […] other telltales may also be used and the present disclosure is not limited to just those listed here”; para. [0033]: “When the instrument cluster display 104 and/or the pixel data path to the instrument cluster display 104 is determined to be non-functional (e.g., as a result of the instrument cluster display 104 being non-functional, the serializer/deserializer 304 being non-functional, or the serializer/deserializer 310 being non-functional) (block 506), a warning, such as an audio tone, may be provided to indicate failure”, wherein “warning” and “other telltales” indicate that a telltales for other systems in the vehicle, such as infotainment system, can be shown as static information reflecting the fault).
Regarding claim 24, Montes in view of Larin and further in view of Chu teaches the vehicle processor system of claim 22. The combination of Montes in view of Chu further teaches wherein the infotainment system causes presentation of the dynamic user interface (Montes FIGs. 1-5; Chu FIG. 2), wherein the dynamic user interface includes information reflecting a currently selected gear (Montes FIGs. 1-5; Montes para. [0024]: “Also, the outline 20 is positioned to surround the icon 22,24,26,28,30 which represents the current mode of operation of the transmission”), and
wherein based on the determined fault, the embedded controller causes presentation of the static image (Chu FIG. 2; Chu FIG. 2; para. [0025]: “As used herein, a telltale is an indicator of a malfunction of a system within a motor vehicle by an illuminated symbol or text legend. […] other telltales may also be used and the present disclosure is not limited to just those listed here”; Chu para. [0033]: “When the instrument cluster display 104 and/or the pixel data path to the instrument cluster display 104 is determined to be non-functional (e.g., as a result of the instrument cluster display 104 being non-functional, the serializer/deserializer 304 being non-functional, or the serializer/deserializer 310 being non-functional) (block 506), a warning, such as an audio tone, may be provided to indicate failure”; para. [0009]: “route telltale information to the second display ECU”, wherein “warning” and “other telltales” indicate that other systems in the vehicle, such as infotainment system, can be shown as static information reflecting the fault).
Allowable Subject Matter
Claim 9 is 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gupta (US 20170278323 A1) teaches collect the sensor information, analyze the collected sensor information to generate an analysis result, and use the generated analysis result to determine whether a behavior of the vehicle is abnormal.
THIS ACTION IS MADE FINAL. 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.
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/A.S.K./Examiner, Art Unit 3668 /JAMES J LEE/Supervisory Patent Examiner, Art Unit 3668