Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
2. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
3. Claims 1-19 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Regarding claim 1:
As for example claim 1 is directed to idea of itself (abstract idea). The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception for the following reason(s):
Step 1: Claim 1 recites series of acts for acquiring user/vehicle data, associating data, and processing an image according to attribute data. These steps describe the collection, analysis, and manipulation of data using basic mathematical relationships. Because this essentially automates mental processes or mathematical techniques on a generic computer, it falls under the "abstract idea" exception.
Step 2A, the claimed storing, calculating and comparing are directed to abstract idea for the reason that these steps are processes found by the courts to be abstract ideas in that related to comparing known information, and organizing information through mathematical correlations that can be performed mentally abstract such as using comparing new and stored information and using rules to identify options.
Step 2B, the additional limitations left in the claim are he claim merely uses a generic "controller" or "computer networking apparatus" to execute these data-gathering and image-processing steps. The claimed using a standard apparatus merely as a tool to perform the abstract idea does not meaningfully integrate the idea into a practical application; it is simply "apply-it" automation (e.g. data gathering). Treating claim 1 as a whole, the additional limitations do not show inventive concept in applying the judicial exception (e.g. improvements to the data gathering) or do not provide other meaningful limitations beyond generally linking the use of the judicial exception to a particular technological environment. Thus, claim 1 as a whole is not significantly more than the abstract idea itself and is ineligible.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are: “an information processing apparatus including a controller configured to perform: acquiring user identification information… and more acquiring steps” in claim 2.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 1 and 11 are objected to because of the following informalities: The limitation “a data of” is used several times in the claim language and can get confusing. The Examiner is requesting clarification ahead of “a data of”. Meaning perhaps “a user data” or “vehicle data” that way the claims are clear and no 112(b) rejection applies. Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chiu (US 2023/0219522).
As per claims 1 and 11, Chiu teaches, a computer networking apparatus, method and including a controller configured to perform: acquiring a data of a user of a vehicle and an image of a face of the user (Chiu, ¶ [0012] The vehicle-mounted terminal 101 can further determine whether at least one human is inside the vehicle by recognizing the images or video inside the vehicle according to a biometric recognition method, if the at least one human is determined to be inside the vehicle, obtain the face image of the at least one human from the images or video inside the vehicle compare the face image with a plurality of face images prestored in a database” this represents getting the face of at least one user in the vehicle and data thereof since comparing is taken place ); acquiring a data of the vehicle associated with the data of the user (Chiu, ¶[0010] “the vehicle-mounted terminal 101 is arranged in a vehicle, and is used to detect the environment inside the vehicle and obtain the environment data inside the vehicle” environment inside the vehicle is a data of the vehicle associated with the user as this is what it finds); acquiring a data of an attribute of the vehicle associated with the data of the vehicle (Chiu, ¶[0010] “and is used to detect the environment inside the vehicle and obtain the environment data inside the vehicle, and to detect whether the engine of the vehicle is running.” telling if a vehicle is running is considered an attribute.); and generating a second image by processing the image according to the data of the attribute of the vehicle (Chiu, fig.2 203 according to that attribute if the vehicle is on or not then a second image gets taken as the systems cycles).
As per claim 2, Chiu teaches, an information processing apparatus including a controller configured to perform: acquiring user identification information that is identification information of a user of a vehicle and an authentication face image that is an image of a face of the user for authentication (Chiu, ¶[0012] “compare the face image with a plurality of face images prestored in a database, and issue an alarm for theft if the face image cannot does not match any of the plurality of face images prestored in the database.” This represents user identification ); acquiring vehicle identification information that is identification information of the vehicle associated with the user identification information (Chiu, ¶[0012] “determined to be inside the vehicle, obtain the face image of the at least one human from the images or video inside the vehicle, compare the face image with a plurality of face images prestored in a database, and issue an alarm for theft if the face image cannot does not match any of the plurality of face images prestored in the database. If the face image matches at least one of the plurality of face images and the environment data inside the vehicle does not meet the preset threshold, an alarm for help is issued. If the similarity between the face image and the image prestored in the database is greater than a preset percentage, it is determined that the face image matches the image prestored in the database. The preset percentage can be ninety percent. The biometric recognition method is prior art, which is not described in detail.” By having that data base and knowing that the vehicle is being stolen or not this is vehicle identification information); acquiring information on an attribute of the vehicle associated with the vehicle identification information (Chiu, fig.1 201 running the vehicle is connected the vehicle identification of those particular users); and generating a processed authentication face image by processing the authentication face image according to the information on the attribute of the vehicle (Chiu, ¶[0012] “If the face image matches at least one of the plurality of face images and the environment data inside the vehicle does not meet the preset threshold, an alarm for help is issued. If the similarity between the face image and the image prestored in the database is greater than a preset percentage, it is determined that the face image matches the image prestored in the database. The preset percentage can be ninety percent. The biometric recognition method is prior art, which is not described in detail.” This represents generating a processed authentication face image by processing the authentication face image according to the information on the attribute of the vehicle as that attribute gives a pass to the face being able to be identified ).
As per claims 3 and 12, Chiu teaches, the information processing apparatus according to claim 2, wherein the controller stores the processed authentication face image in a memory so as to be usable for face authentication when the user uses the vehicle (Chiu, ¶ [0030] “In one embodiment, when the vehicle-mounted terminal 101 determines that the at least one human is inside the vehicle according to the biometric recognition method, the vehicle-mounted terminal 101 compares the face image with a plurality of face images in the database.” There is a database for the images therefore the controller stores the processed authentication face image in a memory so as to be usable for face authentication when the user uses the vehicle, see also 301 fig.3 storage device).
As per claim 4, Chiu teaches, the information processing apparatus according to claim 1, wherein the controller acquires the user identification information and the authentication face image from a terminal of the user (Chui, fig.1 103 terminal device would be the user’s and this is how it is able to identify, as well as 101 terminal which is also the user’s terminal).
As per claims 5 and 14, Chiu teaches, the information processing apparatus according to claim 2, wherein the controller transmits the processed authentication face image corresponding to the user identification information in response to a request for transmission of the processed authentication face image corresponding to the user identification information (Chui, fig.2 201-202 the request for transmission is after the vehicle is identified).
As per claims 6 and 15, Chiu teaches, the information processing apparatus according to claim 2, wherein the controller generates the processed authentication face image in response to a request for transmission of the processed authentication face image corresponding to the user identification information (Chiu, ¶ [0030] “In one embodiment, when the vehicle-mounted terminal 101 determines that the at least one human is inside the vehicle according to the biometric recognition method, the vehicle-mounted terminal 101 compares the face image with a plurality of face images in the database. If the face image does not match any face image in the database, the vehicle-mounted terminal 101 issues the alarm for theft, the theft alarm includes, but is not limited to, reporting to the Police. When the alarm for theft is issued, the location information is transmitted to the Police for catching the thief quickly.” The checking would be controller generates the processed authentication face image in response to a request for transmission of the processed authentication face image corresponding to the user identification information since the system is able to request that face image for authentication and that serves as the authentication itself).
As per claim 7, Chiu teaches, the information processing apparatus according to claim 2, wherein the controller generates the processed authentication face image in response to acquisition of the user identification information and the authentication face image from a terminal of the user (Chui, fig.1 103 terminal device would be the user’s and this is how it is able to identify, as well as 101 terminal which is also the user’s terminal).
As per 8, Chiu teaches, the information processing apparatus according to claim 2, wherein the controller generates the processed authentication face image by reflecting a color of a glass of the vehicle (Chiu, fig.2 there is video in step 204 therefore inherently reflection a color of a glass of the vehicle gets used by the video if there is sun out for example ).
As per claims 9 and 18, Chiu teaches, the information processing apparatus according to claim 2, wherein the controller generates the processed authentication face image by processing the authentication face image as an image captured through a glass of the vehicle according to the information on the attribute of the vehicle (Chiu, fig.1 101 the terminal is on the vehicle therefore it would be through a glass of even the Lense or the vehicle).
As per claims 10 and 19, Chiu teaches, the information processing apparatus according to claim 2, wherein the controller further performs: acquiring information on a vehicle type associated with the vehicle identification information (Chiu, fig.2 201 environment of the vehicle represents a vehicle type, on/off type); storing, in response to generation of the processed authentication face image, the processed authentication face image in a memory in association with the user identification information and the information on the vehicle type (Chiu, fig.3 storage device 301 represents storage and the faces get stored in a database, see ¶[0012] The vehicle-mounted terminal 101 can further determine whether at least one human is inside the vehicle by recognizing the images or video inside the vehicle according to a biometric recognition method, if the at least one human is determined to be inside the vehicle, obtain the face image of the at least one human from the images or video inside the vehicle compare the face image with a plurality of face images prestored in a database” with the vehicle type being on/off ); and generating, in response to acquisition of the information on the vehicle type, the processed authentication face image when a first processed authentication face image with the same user identification information and the same information on the vehicle type associated with the processed authentication face image is not stored in the memory (Chui, fig.2 when not in the database then alarm in step 202 gets issued); and associating, in response to acquisition of the information on the vehicle type, the first processed authentication face image with the information on the vehicle type and the user identification information, instead of generating the processed authentication face image, when the first processed authentication face image is stored in the memory ( Chiu, fig.2 the first face types are in a database, the vehicle type being on or off and the user identification being the face, ¶[0030] “In one embodiment, when the vehicle-mounted terminal 101 determines that the at least one human is inside the vehicle according to the biometric recognition method, the vehicle-mounted terminal 101 compares the face image with a plurality of face images in the database. If the face image does not match any face image in the database, the vehicle-mounted terminal 101 issues the alarm for theft, the theft alarm includes, but is not limited to, reporting to the Police. When the alarm for theft is issued, the location information is transmitted to the Police for catching the thief quickly.” The first face that of the user is stored in the database ).
As per claim 13, Chui traches, the information processing method according to claim 11, further causing the computer to acquire the user identification information and the authentication face image from a terminal of the user (Chui, fig.1 103 terminal device would be the user’s and this is how it is able to identify, as well as 101 terminal which is also the user’s terminal).
As per claim 16, Chui teaches, the information processing method according to claim 11, further causing the computer to generate the processed authentication face image in response to acquisition of the user identification information and the authentication face image from a terminal of the user (Chui, fig.1 103 terminal device would be the user’s and this is how it is able to identify, as well as 101 terminal which is also the user’s terminal).
As per claim 17, Chiu teaches, the information processing method according to claim 11, further causing the computer to generate the processed authentication face image by reflecting a color of a glass of the vehicle (Chiu, fig.2 there is video in step 204 therefore inherently reflection a color of a glass of the vehicle gets used by the video if there is sun out for example).
Remarks
Ghannam (US 2023/0281949) is also of particular interest and should be considered if amending the claims. As disclosed in ¶[0073] “For example, the vehicle computer 110 can actuate sensor(s) 115 positioned to face the user, e.g., when the user is inside and/or outside of the passenger cabin 200. The vehicle computer 110 can actuate various sensors 115 to obtain corresponding types of biometric data.” Could be a 103 rejection with the current art relied upon and in some cases read on the current subject matter.
Conclusion
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/SANTIAGO GARCIA/Primary Examiner, Art Unit 2673
/SG/
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