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 the Claims
This action is in response to the applicant’s filing on September 10, 2024. Claims 1-14 are pending and are examined below.
Priority
Acknowledgment is made of applicant’s claim for foreign priority to European Patent Application No. EP 22164873.6, filed March 28, 2022.
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 limitation(s) is/are: “system…arranged to,” in claim 12.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 this/these limitation(s) 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 2 and 3 are objected to because of the following informalities: the claims appear to contain several extraneous semi-colons. Appropriate correction is required.
Claim Rejections - 35 USC § 101
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.
Claims 1-14 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claims 1-14 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. Claims 1-14 are directed to the abstract idea of determining whether to transmit certain data on the basis of determining whether a user is inside a vehicle, which is an abstract idea under its broadest reasonable interpretation because the claimed invention is directed to an observation, evaluation and/or judgment as to whether to transmit data to a user. The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements are either directed to insignificant extra-solution activity, i.e., data gathering, and transmitting results, or generic hardware recited at a high level of generality, i.e., imaging device, pressure sensor, sensors, antennas, processing circuitry, memory, etc., that provide conventional functions that do not add meaningful limits to practicing the abstract idea.
Claim 1 recites a method for controlling notification of a status of a vehicle to a user, comprising: determining whether the user is inside the vehicle; and if the user is not inside the vehicle, determining whether the user is within a predetermined threshold distance from the vehicle; wherein if the user is within the predetermined threshold distance of the vehicle, de-activating a notification of the status of the vehicle to the user; and if the user is not within the predetermined threshold distance of the vehicle, activating a notification of the status of the vehicle to the user.
Under it its broadest reasonable interpretation, the claim recites a mental process because determining whether to transmit certain data on the basis of determining whether a user is inside a vehicle is an example of an observation, evaluation and/or judgment, and observations, evaluations and/or judgments are examples of abstract ideas. The additional element of issuing a notification is an example of insignificant post-solution activity.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements when considered both individually and as an ordered combination do not amount to significantly more than the abstract idea because looking at the limitations as an ordered combination adds nothing that is not already present when looking at the elements taken individually.
Claims 2-14 depend on claim 1 but do not render the claimed invention eligible because they are directed to insignificant additional elements including insignificant pre-solution activity, i.e., capturing an image, user detection, etc., additional mental steps directed to the above described observation, evaluation and/or judgment, i.e., determining whether to transmit or refrain from transmitting data on the basis of a time period and/or distance, etc., or generic hardware, imaging device, pressure sensor, sensors, antennas, processing circuitry, memory, etc.
Claims 1-14 are therefore not drawn to eligible subject matter as they are directed to an abstract idea without significantly more.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 9 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 contains the trademark/trade name “Wi-Fi.” Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe wireless communication and, accordingly, the identification/description is indefinite.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, and 7-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pennewitz et al., WO 2020126882 A1, hereinafter referred to as Pennewitz.
As to claim 1, Pennewitz discloses a method for controlling notification of a status of a vehicle to a user, comprising:
determining whether the user is inside the vehicle (Determine user position with respect to vehicle – See at least ¶53); and
if the user is not inside the vehicle, determining whether the user is within a predetermined threshold distance from the vehicle (Determine distance between user and vehicle – See at least ¶53);
wherein if the user is within the predetermined threshold distance of the vehicle, de-activating a notification of the status of the vehicle to the user (If user is within certain distance omit transmitting message – See at least); and
if the user is not within the predetermined threshold distance of the vehicle, activating a notification of the status of the vehicle to the user (If user is beyond predetermined threshold, transmit message – See at least ¶54).
As to claim 7, Pennewitz discloses determining whether the user is inside the vehicle is performed by means of a pressure sensor arranged in at least one seat of the vehicle, at least one interior imaging device in the vehicle, and/or at least one sensor or antenna arranged in the vehicle and configured to detect presence of a key associated with the vehicle and/or whether a vehicle door has been opened (Determine whether user has left vehicle based on door sensor data – See at least).
As to claim 8, Pennewitz discloses determining whether the user is within a threshold distance from the vehicle comprises measuring a distance between the vehicle and a key associated with the vehicle based on sensors/antennas arranged in the vehicle, determining a presence of the user in at least one image of the surroundings of the vehicle, wireless signal communication between the vehicle and the key associated with the vehicle and/or geopositioning of the vehicle and the key associated with the vehicle (Distance determined based on radio transmitter, i.e., “key” – See at least ¶59).
As to claim 9, Pennewitz discloses geopositioning comprises using GNSS positioning, mobile device tracking and/or Wi-Fi positioning (Conventional mobile device communication – See at least ¶56).
As to claim 10, Pennewitz discloses the status of the vehicle comprises a door lock status, a lighting system status, and/or a heating system status (Air conditioning notifications – See at least ¶36; Air conditioning device executes room temperature control and the like – See at least ¶35; Examiner notes air conditioning and the like is taken as analogous to “heating system status.”).
As to claim 11, Pennewitz discloses the notification of the vehicle status to the user comprises sending a signal to at least one mobile device associated with the vehicle (Mobile device – See at least ¶18).
As to claim 12, Pennewitz discloses a system for controlling notification of a status of a vehicle to a user, comprising: processing circuitry; and a memory, wherein said memory contains instructions executable by said processing circuitry; wherein the system is arranged to communicate with at least one sensor, antenna and/or imaging device arranged in the vehicle to receive data; wherein the system is configured to carry out the method according to claim 1 (Controller – See at least ¶4; Antenna – See at least ¶58-59).
As to claim 13, Pennewitz discloses a vehicle (Vehicle – See at least ¶12)
As to claim 14, Pennewitz discloses a non-transitory computer readable medium storing a computer program comprising instructions that, when the program is executed by a computer, cause the computer to carry out the method according to claim 1 (Computer program – See at least ¶128).
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.
Claims 2-4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Pennewitz et al., WO 2020126882 A1, in view of Harumoto et al., US 20050270152 A1, hereinafter referred to as Pennewitz, and Harumoto, respectively.
As to claim 2, Pennewitz fails to explicitly disclose:
if the user is not inside the vehicle, capturing at least one image of an environment surrounding the vehicle;
determining a presence of the user in the at least one image;
wherein if the user is present in the at least one image;
de-activating a notification of the status of the vehicle to the user; and
if the user is not present in the at least one image;
activating a notification of the status of the vehicle to the user.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Pennewitz and include the feature of the above determining presence of a user using a captured image and performing notification accordingly, with a reasonable expectation of success, because Harumoto teaches it is well-known and routine to use image processing to facilitate communication between a vehicle and user positioned outside the vehicle, like the communication of Pennewitz (See at least ¶56 of Harumoto).
As to claim 3, Pennewitz fails to explicitly disclose:
if the user is present in the at least one image, determining whether the user faces towards the vehicle within a predetermined time period;
wherein if the user faces towards the vehicle within a predetermined time period; de-activating a notification of the status of the vehicle to the user; and
if the user does not face towards the vehicle within a predetermined time period; activating a notification of the status of the vehicle to the user.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Pennewitz and include the feature of the above determination of in which direction a user is facing and performing notification accordingly, with a reasonable expectation of success, because Harumoto teaches it is well-known and routine to consider the direction user is facing with respect to a vehicle when determining which notifications to communicate between a vehicle and user positioned outside the vehicle, like the communication of Pennewitz (See at least ¶80 of Harumoto).
As to claim 4, Pennewitz fails to explicitly disclose determining the presence of the user in the at least one image and/or if the user faces towards the vehicle is performed using facial recognition. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Pennewitz and include the feature of determining the presence of the user in the at least one image, with a reasonable expectation of success, because Harumoto teaches it is well-known and routine to use image processing to facilitate communication between a vehicle and user positioned outside the vehicle, like the communication of Pennewitz (See at least ¶56 of Harumoto).
As to claim 6, Pennewitz fails to explicitly disclose the at least one image is captured using at least one imaging device arranged in the vehicle. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Pennewitz and include the feature of the at least one image is captured using at least one imaging device arranged in the vehicle, with a reasonable expectation of success, because Harumoto teaches it is well-known and routine to use image processing to facilitate communication between a vehicle and user positioned outside the vehicle, like the communication of Pennewitz (Camera - See at least ¶30 of Harumoto).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Pennewitz et al., WO 2020126882 A1, in view of Harumoto et al., US 20050270152 A1, as applied to claim 3 above, and further in view of Shimotani et al., US 20240096189 A1, hereinafter referred to as Pennewitz, Harumoto, and Shimotani, respectively.
As to claim 5, the combination of Pennewitz and Harumoto fails to explicitly disclose determining the presence of the user in the at least one image is performed by correlating a position of a person in the at least one image with a position of a key associated with the vehicle. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Pennewitz and Harumoto and include the feature of determining the presence of the user in the at least one image is performed by correlating a position of a person in the at least one image with a position of a key associated with the vehicle, with a reasonable expectation of success, because Shimotani teaches it is well-known and routine to use a combination of imagining and signals from a key fob to confirm presence of users outside a vehicle (See at least ¶49 and 51 of Shimotani).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Lail Kleinman whose telephone number is (571)272-6286. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey Jabr can be reached at (571)272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LAIL A KLEINMAN/Primary Examiner, Art Unit 3668
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