DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after 16 March 2013, is being examined under the first inventor to file provisions of the AIA . This Office action is in response to the application received on 02 September 2024. Claims 11-22 are pending.
Priority
The claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
The claim for foreign priority under 35 U.S.C. 119 (a)-(d) is acknowledged. A certified copy of the foreign priority application has been received.
Information Disclosure Statement
The IDSes received on 02 September 2024 have been considered.
Claim Objections
Claim 11 is objected to because of the following informalities: the claim does not end with a period. Appropriate correction is required.
Interpretation of Claims Under 35 USC 112(f)
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 claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f):
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f). The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) except as otherwise indicated in an Office action.
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) 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:
In claim 22:
"a control device configured to determine a parameter value [and] operate the vehicle" (a review of the specification does not disclose any corresponding structure).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) 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) applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) (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).
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.
As to claim 22, the limitation “control device configured to determine a parameter value [and] operate the vehicle” invokes 35 U.S.C. 112(f). However, the written description does not disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The specification only refers to the control device as a control device and does not disclose a structure corresponding to the control device. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f);
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 11-12, 14-16, and 19-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 11,597,340 B2 (Vardharajan).
As to claim 11, Vardharajan discloses a method of operating a vehicle comprising:
providing, by an infotainment system of the vehicle, entertainment content to an occupant of the vehicle, wherein the entertainment content is selected by the occupant (col 4 ln 40-44 - "An activity profile is selectable by a user and may be defined by a combination of cabin characteristics that controls a cabin configuration of a vehicle to provide a desired cabin experience", col 5 ln 41-44 - "examples of activity profiles may include [...] an Entertainment activity profile");
determining, by a control device, a parameter value for a trip of the vehicle, wherein the parameter value is based on the entertainment content (col 42 ln 45-50 - "The cabin systems 1110 may collectively (e.g., in the aggregate) operate to configure the vehicle's cabin to facilitate a performance of an activity at least in part by providing a certain cabin experience (e.g., creating an environment or ambience in the cabin). The performance of the activity can be facilitated during navigation of the vehicle"); and
operating the vehicle with the parameter value during the trip (col 42 ln 45-50).
As to claim 12, Vardharajan discloses the method according to claim 11, and further discloses the method further comprising:
determining, as the parameter value of the trip, a driving route for the trip (col 2 ln 44-49 - "receiving, by a first application associated with a vehicle [...] data indicative of an identity of a user. The method further includes receiving, by the first application, a request to navigate from a starting point to a destination point", col 2 ln 59 - "navigating the vehicle from the starting point to the destination point", col 5 ln 22-27 - "a rider(s) of the vehicle is able to utilize travel time more productively by applying (e.g., setting) an activity profile to the vehicle appropriate to adjust the vehicle's cabin to facilitate performance of a certain activity. In one example case, the vehicle is an autonomous vehicle", col 31 ln 62-63 - "when the preference while travelling is a meeting, a Meeting activity profile may be applied", col 32 ln 11-13 - "Each attendee may have a local Wi-Fi connection so that they maintain full connectivity during the meeting while travelling to a destination"); and
driving the vehicle on the driving route (col 5 ln 26-28 - "the vehicle is an autonomous vehicle or otherwise a vehicle that is driven without user intervention").
As to claim 14, Vardharajan discloses the method according to claim 11, and further discloses the method further comprising:
adjusting by the control device, at least one of an interior light of the vehicle, an air conditioning system of the vehicle, or a fragrance generator of the vehicle for the trip based on the entertainment content (col 5 ln 47-51 - "vehicle cabin systems [...] operate to configure the vehicle's cabin to facilitate a performance of an activity", col 5 ln 6-64 - "A cabin system may adjust a behavior, a location, and/or an orientation of cabin characteristics such as [...] illumination (e.g., lighting); [...] heating, ventilation, and air conditioning").
As to claim 15, Vardharajan discloses the method according to claim 11, and further discloses the method further comprising:
determining, by the control device, a position and/or a massage function of a seat of the vehicle for the trip based on the entertainment content (col 5 ln 47-51, col 5 ln 60-64 - "A cabin system may adjust a behavior, a location, and/or an orientation of cabin characteristics such as [...] furniture").
As to claim 16, Vardharajan discloses the method according of claim 11 and further discloses the method further comprising:
providing, by the infotainment system, a soundscape for the trip based on the entertainment content (col 5 ln 60-63 - "A cabin system may adjust a behavior, a location, and/or an orientation of cabin characteristics such as [...] audio").
As to claim 19, Vardharajan discloses the method according to claim 11, and further discloses the method further comprising:
storing, by the control device, a first assignment of the entertainment content to the parameter value (col 2 ln 6-11 - "The user device may transmit the activity profile to the vehicle, and the vehicle may apply the activity profile to effectuate a vehicle cabin configuration associated with the activity profile in order provide the user with the user's desired cabin experience").
As to claim 20, Vardharajan discloses the method according to claim 11, and further discloses the method further comprising:
detecting a vital parameter value of the occupant of the vehicle during the trip (col 15 ln 3-5 - "For a given user, the user profile may include an identity of the user (e.g., account username, name, contact information, biometrics, etc.)."); and
storing, by the control device, a second assignment of the entertainment content to the vital parameter value (col 15 ln 5-8 - "the user profile may include an activity profile and/or a user setting(s) provided by the user that the user intends to apply to vehicles").
As to claim 21, Vardharajan discloses the method according to claim 19, and further discloses the method further comprising:
determining, by the control device, for a further trip of the vehicle, a further parameter value for a further trip of the vehicle and operating the vehicle during the further trip with the further parameter value (col 11 ln 1-5 - "If the vehicle receives no response from the user device pertaining to a selected activity profile, the vehicle can apply a default activity profile (e.g., previously set by a manufacturer of the vehicle, a vehicle administrator, the user, or other party)", col 22 ln 17-18 - "the vehicle management system 155 may provide a vehicle timeshare scheduler service"); and
providing, by the infotainment system, a further entertainment content similar to the entertainment content for the occupant during the further trip depending on the stored first assignment (col 8 ln 45-52 - "as activity profiles are applied and user settings are applied on top of these activity profiles, the baseline cabin characteristics for each activity profile may be adjusted such that, over time, the number of user settings and/or degree of adjustments (e.g., amount of deviation from the user's preferences relative to the activity profile's baselines) provided by users are reduced").
As to claim 22, the claim recites limitations that correspond to the limitations recited by claim 11, therefore claim 22 is rejected on the same ground as claim 11.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 13 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Vardharajan in view of WO 2019/210986 A1 (Kühne et al.). The citations to Kühne that appear in this Office action are to a computer-generated English translation, which has been appended to the original document and placed in the application file.
As to claim 13, Vardharajan discloses the method according to claim 11.
Kühne teaches the limitations not expressly further disclosed by Vardharajan, namely:
the method further comprising:
determining, as the parameter value of the trip, a driving style for the trip (para [0014] - "if there are multiple routes to the destination, selecting the route that best suits the chosen entertainment offer can help ensure that the entertainment offer is perceived as particularly realistic with all senses"); and
driving the vehicle based on the driving style (para [0015] - "The control device according to the invention for operating a motor vehicle is designed to adapt the driving behavior of the motor vehicle to an entertainment offer displayed by means of a display device arranged in the motor vehicle and to control the motor vehicle autonomously according to the adapted driving behavior").
As of the effective filing date of the claimed invention, one of ordinary skill in the art would have been motivated to combine Vardharajan and Kühne because both relate to operating a vehicle according to a vehicle occupant's purpose in using the vehicle. The combination would yield predictable results according to the teachings of Kühne by providing a kinematic aspect of vehicle operation matching the occupant's purpose.
As to claim 17, Vardharajan discloses the method according to claim 11.
Kühne teaches the limitations not expressly further disclosed by Vardharajan, namely:
the method further comprising:
determining by the control device, the parameter value from a plurality of alternative parameter values based on metadata associated with the entertainment content (para [0014]).
See claim 13 for a statement of an obviousness rationale.
As to claim 18, Vardharajan discloses the method according to claim 11.
Kühne teaches the limitations not expressly further disclosed by Vardharajan, namely:
the method further comprising:
adapting, by the infotainment system, the entertainment content to a driving situation of the vehicle during the trip (para [0025] - "it may also be intended, for example, that the entertainment offer as such is also adapted to the respective driving dynamics of the motor vehicle 1 with regard to a virtual movement of the vehicle occupant within a virtual environment of the currently displayed entertainment offer").
As of the effective filing date of the claimed invention, one of ordinary skill in the art would have been motivated to combine Vardharajan and Kühne because both relate to operating a vehicle according to a vehicle occupant's purpose in using the vehicle. The combination would yield predictable results according to the teachings of Kühne by modifying a different aspect of the occupant's experience when a kinematic aspect is not able to be changed.
Conclusion
The prior art made of record on Form 892 (Notice of References Cited) and not relied upon generally relates to operating vehicle subsystems according to operator preferences, and therefore is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Todd Melton whose telephone number is (571)270-3871. The examiner can normally be reached weekdays, 9:30am - 6:00pm (Eastern time). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Navid Mehdizadeh can be reached at 571-272-7691. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TODD MELTON/Primary Examiner, Art Unit 3669