CTFR 18/854,102 CTFR 83391 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION This action is in response to communications filed on 3/12/2026. Claims 11 & 18 have been amended. Claims 15 has been canceled. No other claims have been amended, added, or canceled. Accordingly, claims 11-14 & 16- 20 are pending. Response to Arguments 07-37 AIA Applicant's arguments filed 3/ 12/2026 ha ve been fully considered but they are not persuasive. Ap plicant’s representative argues, in substance, that neither Schneider nor Sogen disclose utilizing a change in the sound that indicates the motor vehicle is entering the predetermined driving situation. In response to applicant’s argument the examiner respectfully disagrees. The examiner contends that Schneider discloses utilizing a microphone mounted on a vehicle to determine when passing through a tunnel, and Sogen discloses acquiring the traveling state of the vehicle, including its location, and activation and/or deactivation of an autonomous driving property based on the location. Hence, the examiner contends that the combination of Schneider’s—acoustic—detection of the vehicle passing through the tunnel with Sogen’s activation and/or deactivation of autonomous driving reads on the instantly contested limitation(s)/claim(s) . Claim Objections 07-29-01 AIA Claim 20 is objected to because of the following informalities: the claim is an independent claim written in dependent format . Appropriate correction is required. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claims 11-14 & 16- 20 are rejec ted under 35 U.S.C. 103 as being unpatentable over DE 101 26 666 A1 (hereinafter 666) in view of EP 3287334 B1 (hereinafter 334). As per claim 11, 666 discloses: a method for safeguarding automatic control of a motor vehicle, the method comprising the steps of: picking-up a sound from an area outside the motor vehicle (see 666 at least Abstract and fig. 1-2; microphone [1], acoustic noise from surroundings, looking for typical noises ) ; identifying that the sound indicates a predetermined driving situation (see 666 at least Abstract and fig. 1-2; microphone [1], acoustic noise from surroundings, looking for typical noises ) ; wherein the existence of the predetermined driving situation is identified based in part on a change in the sound that indicates the motor vehicle is entering the predetermined driving situation (see 666 at least Abstract and fig. 1-2; microphone [1], acoustic noise from surroundings, looking for typical noises—detecting typical tunnel sounds ) . 666 further discloses initiating various vehicle functions when the sound indicates the predetermined driving situation (see 666 at least Abstract and fig. 1-2; by activating and/or deactivating various vehicle functions/controls—switching window setting, adjusting headlight settings, switching AC settings, and even audio settings ) . However, 666 does not appear to explicitly disclose delivering a signal for deactivating the automatic control of a vehicle due to an approaching sections of potentially poor signal quality/hindered connectivity (i.e., such as construction area, tunnel etc.). Nevertheless, 334-who is in the same field of endeavor—discloses delivering a signal for deactivating the automatic control of a vehicle due to an approaching sections of potentially poor signal quality/hindered connectivity (i.e., such as construction area, tunnel etc.) (see 334 at least Abstract, and fig.1-10 and Summary of Invention; Autonomous driving prohibition sections due to some hinderance, release condition, and existence of obstacles) . One of ordinary skill in the art prior to the effective filing date of the given invention would have been motivated to combine 334’s release of automatic driving functions due to some hinderance and/or obstacle with those of 666’s determination of a vehicle entering a certain driving condition (i.e., entering a tunnel) in order to provide overall better user experience and an overall safer system (i.e., by relinquishing control of autonomous driving upon entering an uncertain/potentially obstructed area such as a tunnel—see 334 Summary of invention). Motivation to combine 666 with 334 not only comes from knowledge well known in the art, but also from 334 (see Summary of invention). Both 666 and 334 disclose claim 12: wherein the predetermined driving situation comprises use of a tunnel by the motor vehicle (see 666 at least Abstract and fig. 1-2; approaching tunnel and see 334 at least Abstract, and fig.1-10 and Summary of Invention) . Motivation to combine 666 with 334, in the instant claim, is the same as that in claim 11 above. Both 666 and 334 disclose claim 13: wherein existence of the predetermined driving situation is identified based on a frequency spectrum of the sound (see 666 at least Abstract and fig. 1-2; approaching tunnel and see 334 at least Abstract, and fig.1-10 and Summary of Invention) . Motivation to combine 666 with 334, in the instant claim, is the same as that in claim 11 above. Both 666 and 334 disclose claim 14: wherein the existence of the predetermined driving situation is identified based on relative levels of the sound in predetermined frequency bands (see 666 at least Abstract and fig. 1-2; approaching tunnel and see 334 at least Abstract, and fig.1-10 and Summary of Invention) . Motivation to combine 666 with 334, in the instant claim, is the same as that in claim 11 above. Both 666 and 334 disclose claim 16: wherein the existence of the predetermined driving situation is identified via machine learning (see 666 at least Abstract and fig. 1-2; approaching tunnel and see 334 at least Abstract, and fig.1-10 and Summary of Invention) . Motivation to combine 666 with 334, in the instant claim, is the same as that in claim 11 above. Both 666 and 334 disclose claim 17: further comprising the step of: additionally identifying that a geographical position of the motor vehicle cannot be determined via a vehicle receiver for signals of a satellite-assisted radio navigation system (see 666 at least Abstract and fig. 1-2; approaching tunnel and see 334 at least Abstract, and fig.1-10 and Summary of Invention; GPS receiver and autonomous driving) . Motivation to combine 666 with 334, in the instant claim, is the same as that in claim 11 above. As per claim 18, 666 discloses: An apparatus for safeguarding automatic control of a motor vehicle, the apparatus comprising: a sensor for picking-up a sound from an area outside the motor vehicle (see 666 at least Abstract and fig. 1-2; microphone [1], acoustic noise from surroundings, looking for typical noises ) ; a processor for identifying that the sound indicates a predetermined driving situation (see 666 at least Abstract and fig. 1-2; microphone [1], acoustic noise from surroundings, looking for typical noises ) ; and an interface for delivering a signal for deactivating the automatic control when the processor identifies that the sound indicates the predetermined driving situation (see 666 at least Abstract and fig. 1-2; approaching tunnel) ; wherein the existence of the predetermined driving situation is identified based in part on a change in the sound that indicates the motor vehicle is entering the predetermined driving situation (see 666 at least Abstract and fig. 1-2; microphone [1], acoustic noise from surroundings, looking for typical noises—detecting typical tunnel sounds ) . Motivation to combine 666 with 334, in the instant claim, is the same as that in claim 11 above. Both 666 and 334 disclose claim 19: wherein the sensor comprises a microphone in an interior of the motor vehicle (see 666 at least Abstract and fig. 1-2; approaching tunnel and see 334 at least Abstract, and fig.1-10 and Summary of Invention; GPS receiver and autonomous driving) . Motivation to combine 666 with 334, in the instant claim, is the same as that in claim 11 above. Both 666 and 334 disclose claim 20: A motor vehicle, comprising: an apparatus according to claim 18; and an automatic control apparatus, wherein the signal deactivates the automatic control apparatus (see 666 at least Abstract and fig. 1-2; approaching tunnel and see 334 at least Abstract, and fig.1-10 and Summary of Invention; GPS receiver and autonomous driving) . Motivation to combine 666 with 334, in the instant claim, is the same as that in claim 11 above. Conclusion 07-39 AIA 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. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MACEEH ANWARI whose telephone number is 571-272-7591. The examiner can normally be reached on Monday-Friday 7:30-5:00 PM ES. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Ortiz can be reached on 571-272-1206. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov . Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MACEEH ANWARI/Primary Examiner, Art Unit 3663 Application/Control Number: 18/854,102 Page 2 Art Unit: 3663 Application/Control Number: 18/854,102 Page 3 Art Unit: 3663 Application/Control Number: 18/854,102 Page 4 Art Unit: 3663 Application/Control Number: 18/854,102 Page 5 Art Unit: 3663 Application/Control Number: 18/854,102 Page 6 Art Unit: 3663 Application/Control Number: 18/854,102 Page 7 Art Unit: 3663
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