Detailed Office Action
Status of Claims
This Office Action is in response to the Applicant’s amendments and remarks filed 04/02/2026. The applicant has amended claims 1-10. Applicant has newly added Claims 11-14. Claims 1-14 are presently pending and are presented for examination.
Response to Amendment
The amendment filed 04/02/2026 has been entered. Claims 1-14 remain pending in the application.
Reply to Applicant’s Remarks
Applicant’s remarks filed 04/02/2026 have been fully considered and are addressed as follows:
Claim Interpretation Under 35 U.S.C. 112(f):
Applicant’s amendments to the claims filed 04/02/2026 have put the claims in position to no longer be interpreted under 35 U.S.C. 112(f) interpretation previously set forth, therefore the interpretation under 112(f) has been withdrawn.
Claim Rejections Under 35 U.S.C. 101:
Applicant’s amendments to the claims filed 04/02/2026 have overcome the 35 U.S.C. 101 rejections previously set forth. Regarding the applicant’s argument regarding when the viewed as a whole, the recited claim elements provide meaning full limitations and therefore provide significantly more than the abstract idea, the Examiner finds the argument persuasive. Therefore, the rejections have been withdrawn.
Claim Rejections Under 35 U.S.C. 102/103:
Applicant’s arguments, see Arguments/Remarks, filed 04/02/2026, with regard to the rejections of Claim 1-10 under 35 U.S.C. 102/103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection are made in view of newly found prior art reference(s).
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.
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, 2, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Tayama (WO 2017038486 A1) in view of Bunyan Roy James (GB 2373614 A). Hereafter referred to as Tayama and James respectively.
Regarding Claim 1, Tayama teaches a vehicle personalization setting system (see at least Tayama [English Translation, Abstract] Provided is an automobile user information management system capable of controlling functions of an automobile according to the preference of individual users on board. A cloud server (3) stores user information based on each user of an automobile, in association with biometric information of each of the users. When biometric information of a user on board has been authenticated by a biometric authentication means (8), a control unit (2) in an automobile (12) downloads, from the cloud server (3), user information on the basis of the authenticated biometric information. The control unit (2) then controls the function of the automobile in accordance with the downloaded biometric information)
comprising:
a first processor with a first memory; and a second processor with a second memory (see at least Tayama [English Translation pg.2 para.6, pg.3 para.3] The control unit 7 includes a computer including a CPU, a ROM, and a RAM…The control unit 2 is a main control unit of the automobile 12 composed of a CPU, and performs control processing of each electrical equipment)
wherein the first processor is configured to set personalization setting information of at least one in-vehicle instrument for each recognized individual (see at least Tayama [English Translation pg.3 para.3, pg.3 para.7] The control unit 2 is a main control unit of the automobile 12 composed of a CPU, and performs control processing of each electrical equipment…the control unit 2 includes a wireless communication unit 18 that performs short-range wireless communication with the portable device 1, a door and trunk door lock drive unit 19, a seat drive mechanism unit 20, an audio device 21, a navigation device 22, and an in-vehicle air conditioner)
the second processor is further configured to:
communicate with a vehicle exterior server placed outside a vehicle in which the at least one in-vehicle instrument is mounted (see at least Tayama [English Translation pg.4 para.6, pg.2 para.3] The cloud server 3 includes a user information database 3a that stores biometric information and user information detected by the control unit 2 in association with each other…The control unit 2 and the cloud server 3 are connected via a communication network 6)
and the second processor is further configured to acquire the personalization setting information for each individual, the information being stored in the vehicle exterior server based on the recognized individual (see at least Tayama [English Translation pg.2 para.3-4, pg.3 para.8, and pg.4 para.6] The biometric recognition sensor 4 detects biometric information peculiar to the user, such as a fingerprint, a finger vein pattern, and a heartbeat. The biometric recognition sensor 4 in this example is a fingerprint sensor. When a person presses the tip of a finger against a detection unit arranged on the case surface of the portable device 1, the fingerprint pattern is detected as biometric information…The user information management means 14 detects user information in association with the biological information transmitted from the portable device 1. As user information in this case, for example, the position of the seat, the address of the home or work, the frequently visited place, the store, the air conditioning environment in the car, the inter-vehicle distance with the preceding vehicle according to the speed of the car, the brake operation…The cloud server 3 includes a user information database 3a that stores biometric information and user information detected by the control unit 2 in association with each other…The control unit 2 and the cloud server 3 are connected via a communication network 6)
and store the acquired personalization setting information in a storage (see at least Tayama [English Translation pg.5 para.6] user information is stored, it is downloaded and the air conditioning temperature in the vehicle, audio volume, seat position, etc. are set to conditions according to the user based on the acquired user information)
and the second processor controls an audio instrument in a vehicle via an in-vehicle network based on the set personalization setting information stored in a storage in the vehicle (see at least Tayama [English Translation Abstract, pg.5 para.6, pg.7 para.9, pg.7 para.4] If user information is stored, it is downloaded and the air conditioning temperature in the vehicle, audio volume, seat position, etc. are set to conditions according to the user based on the acquired user information...the control unit 2 extracts the common music from the music information of each person downloaded from the cloud server 3, so that the music that the user likes in common can be reproduced from the audio device 21....a control unit (2) in an automobile (12) downloads, from the cloud server (3)...the user information sent to the cloud server 3 is downloaded by access from the control unit 2 of the automobile).
However, Tayama does not explicitly teach wherein the first processor is further configured to determine a delay situation of the at least one individual obtained by recognizing an individual by the second processor, and change a content of the stored personalization setting information acquired from the vehicle exterior server according to the delay situation of individual recognition; and
when determining the delay situation acquired by recognizing the at least one individual, the first processor determines whether a timing of recognizing the at least one individual is earlier than a predetermined timing.
James, in the same field as the endeavor, teaches wherein the first processor is further configured to determine a delay situation of the at least one individual obtained by recognizing an individual by the second processor, and change a content of the stored personalization setting information acquired from the vehicle exterior server according to the delay situation of individual recognition (see at least James [English Translation Abstract and pg.4 para.12-13, pg.4 para.5-6] If the authentication is successful, the device allows the vehicle to be started. If the response from the authentication server is delayed, the vehicle may be started, but if the authentication check then fails, an on-line check will be compulsory the next time an attempt is made to start the vehicle....Thus, it can be seen that if there is a delay in authentication for any reason, the vehicle may be allowed to start without waiting for authentication...the authentication server sets the vehicle's "authentication mandatory" flag, to indicate that it is not permissible to start the vehicle again without receiving a successful response from the authentication server…authentication was successful, the portable device sends a "go ahead" message to the on-board computer, allowing it to start the vehicle engine…After the engine has started, the portable device enters a "drive" mode, in which it can perform a number of functions, including: displaying information about places of interest, places to eat etc., that conform to any preferences that may have been entered by the driver prior to the journey) The disclosure in James teaches determining a delay situation when attempting to identify an individual in a vehicle, the disclosure further teaches changing the content of stored personalization settings when the system when setting the authentication mandatory flag and changing content of stored personalized display settings
when determining the delay situation acquired by recognizing the at least one individual, the first processor determines whether a timing of recognizing the at least one individual is earlier than a predetermined timing(see at least James [English Translation Abstract pg.3 para.14-15, pg.4 para.12-13] If the authentication is successful, the device allows the vehicle to be started. If the response from the authentication server is delayed, the vehicle may be started, but if the authentication check then fails, an on-line check will be compulsory the next time an attempt is made to start the vehicle…it can be seen that if there is a delay in authentication for any reason, the vehicle may be allowed to start without waiting for authentication…If a response is received within a predetermined time-out period (say three seconds), the portable device determines from the response whether the authentication checks were successful) .
Therefore, 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 system set forth in Tayama to contain a system for wherein the first processor is further configured to determine a delay situation of the at least one individual obtained by recognizing an individual by the second processor, and change a content of the stored personalization setting information acquired from the vehicle exterior server according to the delay situation of individual recognition; and when determining the delay situation acquired by recognizing the at least one individual, the first processor determines whether a timing of recognizing the at least one individual is earlier than a predetermined timing with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the user experience of a vehicle utilizing a user identification system by allowing the user to avoid the wait while the system is busy identifying and use features of the vehicle right away as discussed in James (see at least James [English Translation pg.4 para.12-13] delay in authentication for any reason, the vehicle may be allowed to start without waiting for authentication).
Regarding Claim 2, Tayama in view of James teaches all limitations of Claim 1 as set forth above. Tayama further teaches further comprising a plurality of individuals (see at least Tayama [English Translation pg.7 para.5] in the case of the same car, even if the users are different, the in-vehicle environment and the conditions of automatic driving according to the users can be provided for each user)
when recognizing the at least one individual, the vehicle personalization setting system checks the recognized individual against the plurality of individuals acquired from the vehicle exterior server and sets the personalization setting information for a corresponding individual among the plurality of individuals (see at least Tayama [English Translation pg.2 para.9 and pg.7 para.4-5] When the fingertip touches the biometric recognition sensor 4, the biometric authentication unit 8 compares the detected biometric information with the registered biometric information stored in the registered biometric information storage unit 11 and determines whether or not they match each other. Determine. If they match, the authentication flag 8a provided in the RAM is set…even if the users are different, the in-vehicle environment and the conditions of automatic driving according to the users can be provided for each user…the user information sent to the cloud server 3 is downloaded by access from the control unit 2 of the automobile).
However, Tayama does not explicitly teach wherein when the second processor determines that the individual recognition has been delayed, the second processor acquires the personalization setting information for the plurality of individuals, the personalization setting information being stored in the vehicle exterior server.
James, in the same field as the endeavor, teaches teach wherein when the second processor determines that the individual recognition has been delayed, the second processor acquires the personalization setting information for the plurality of individuals, the personalization setting information being stored in the vehicle exterior server (see at least James [English Translation Abstract and pg.4 para.12-13, pg.4 para.5-6] If the authentication is successful, the device allows the vehicle to be started. If the response from the authentication server is delayed, the vehicle may be started, but if the authentication check then fails, an on-line check will be compulsory the next time an attempt is made to start the vehicle....Thus, it can be seen that if there is a delay in authentication for any reason, the vehicle may be allowed to start without waiting for authentication…authentication was successful, the portable device sends a "go ahead" message to the on-board computer, allowing it to start the vehicle engine…After the engine has started, the portable device enters a "drive" mode, in which it can perform a number of functions, including: displaying information about places of interest, places to eat etc., that conform to any preferences that may have been entered by the driver prior to the journey…checks for vehicle authorization are carried out in a remote authentication server computer. Hence, permissions for drivers to use vehicles can be changed centrally at the authentication server, without the necessity for exchanging or recalling the individual devices. The authentication server computer may also perform other checks, beyond merely checking that the portable device is authorized for to this vehicle).
Therefore, 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 system set forth in Tayama to contain a system for wherein when the second processor determines that the individual recognition has been delayed, the second processor acquires the personalization setting information for the plurality of individuals, the personalization setting information being stored in the vehicle exterior server with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the flexibility of the personalization setting system by allowing it to interface with multiple individuals by storing personalized setting information for multiple individuals.
Regarding Claim 8, Tayama teaches a vehicle personalization setting method (see at least Tayama [English Translation, Abstract] Provided is an automobile user information management system capable of controlling functions of an automobile according to the preference of individual users on board. A cloud server (3) stores user information based on each user of an automobile, in association with biometric information of each of the users. When biometric information of a user on board has been authenticated by a biometric authentication means (8), a control unit (2) in an automobile (12) downloads, from the cloud server (3), user information on the basis of the authenticated biometric information. The control unit (2) then controls the function of the automobile in accordance with the downloaded biometric information)
comprising:
a first processor with a first memory; and a second processor with a second memory (see at least Tayama [English Translation pg.2 para.6, pg.3 para.3] The control unit 7 includes a computer including a CPU, a ROM, and a RAM…The control unit 2 is a main control unit of the automobile 12 composed of a CPU, and performs control processing of each electrical equipment)
wherein the first processor is configured to set personalization setting information of at least one in-vehicle instrument for each recognized individual (see at least Tayama [English Translation pg.3 para.3, pg.3 para.7] The control unit 2 is a main control unit of the automobile 12 composed of a CPU, and performs control processing of each electrical equipment…the control unit 2 includes a wireless communication unit 18 that performs short-range wireless communication with the portable device 1, a door and trunk door lock drive unit 19, a seat drive mechanism unit 20, an audio device 21, a navigation device 22, and an in-vehicle air conditioner)
the second processor is further configured to:
communicate with a vehicle exterior server placed outside a vehicle in which the at least one in-vehicle instrument is mounted (see at least Tayama [English Translation pg.4 para.6, pg.2 para.3] The cloud server 3 includes a user information database 3a that stores biometric information and user information detected by the control unit 2 in association with each other…The control unit 2 and the cloud server 3 are connected via a communication network 6)
causing:
the second processor to acquire the personalization setting information for each individual, the information being stored in the vehicle exterior server based on the recognized individual (see at least Tayama [English Translation pg.2 para.3-4, pg.3 para.8, and pg.4 para.6] The biometric recognition sensor 4 detects biometric information peculiar to the user, such as a fingerprint, a finger vein pattern, and a heartbeat. The biometric recognition sensor 4 in this example is a fingerprint sensor. When a person presses the tip of a finger against a detection unit arranged on the case surface of the portable device 1, the fingerprint pattern is detected as biometric information…The user information management means 14 detects user information in association with the biological information transmitted from the portable device 1. As user information in this case, for example, the position of the seat, the address of the home or work, the frequently visited place, the store, the air conditioning environment in the car, the inter-vehicle distance with the preceding vehicle according to the speed of the car, the brake operation…The cloud server 3 includes a user information database 3a that stores biometric information and user information detected by the control unit 2 in association with each other…The control unit 2 and the cloud server 3 are connected via a communication network 6)
and store the acquired personalization setting information in a storage (see at least Tayama [English Translation pg.5 para.6] user information is stored, it is downloaded and the air conditioning temperature in the vehicle, audio volume, seat position, etc. are set to conditions according to the user based on the acquired user information)
and the second processor controls an audio instrument in a vehicle via an in-vehicle network based on the set personalization setting information stored in a storage in the vehicle (see at least Tayama [English Translation Abstract, pg.5 para.6, pg.7 para.9, pg.7 para.4] If user information is stored, it is downloaded and the air conditioning temperature in the vehicle, audio volume, seat position, etc. are set to conditions according to the user based on the acquired user information...the control unit 2 extracts the common music from the music information of each person downloaded from the cloud server 3, so that the music that the user likes in common can be reproduced from the audio device 21....a control unit (2) in an automobile (12) downloads, from the cloud server (3)...the user information sent to the cloud server 3 is downloaded by access from the control unit 2 of the automobile).
However, Tayama does not explicitly teach wherein the first processor is further configured to determine a delay situation of individual recognition by the by the second processor, and change a content of the stored personalization setting information acquired from the vehicle exterior server according to the delay situation of individual recognition; and
when determining the delay situation acquired by recognizing the at least one individual, the first processor determines whether a timing of recognizing the at least one individual is earlier than a predetermined timing.
James, in the same field as the endeavor, teaches wherein the first processor is further configured to determine a delay situation of individual recognition by the by the second processor, and change a content of the stored personalization setting information acquired from the vehicle exterior server according to the delay situation of individual recognition (see at least James [English Translation Abstract and pg.4 para.12-13, pg.4 para.5-6] If the authentication is successful, the device allows the vehicle to be started. If the response from the authentication server is delayed, the vehicle may be started, but if the authentication check then fails, an on-line check will be compulsory the next time an attempt is made to start the vehicle....Thus, it can be seen that if there is a delay in authentication for any reason, the vehicle may be allowed to start without waiting for authentication...the authentication server sets the vehicle's "authentication mandatory" flag, to indicate that it is not permissible to start the vehicle again without receiving a successful response from the authentication server…authentication was successful, the portable device sends a "go ahead" message to the on-board computer, allowing it to start the vehicle engine…After the engine has started, the portable device enters a "drive" mode, in which it can perform a number of functions, including: displaying information about places of interest, places to eat etc., that conform to any preferences that may have been entered by the driver prior to the journey) The disclosure in James teaches determining a delay situation when attempting to identify an individual in a vehicle, the disclosure further teaches changing the content of stored personalization settings when the system when setting the authentication mandatory flag and changing content of stored personalized display settings
when determining the delay situation acquired by recognizing the at least one individual, the first processor determines whether a timing of recognizing the at least one individual is earlier than a predetermined timing(see at least James [English Translation Abstract pg.3 para.14-15, pg.4 para.12-13] If the authentication is successful, the device allows the vehicle to be started. If the response from the authentication server is delayed, the vehicle may be started, but if the authentication check then fails, an on-line check will be compulsory the next time an attempt is made to start the vehicle…it can be seen that if there is a delay in authentication for any reason, the vehicle may be allowed to start without waiting for authentication…If a response is received within a predetermined time-out period (say three seconds), the portable device determines from the response whether the authentication checks were successful) .
Therefore, 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 system set forth in Tayama to contain a system for wherein the first processor is further configured to determine a delay situation of the at least one individual obtained by recognizing an individual by the second processor, and change a content of the stored personalization setting information acquired from the vehicle exterior server according to the delay situation of individual recognition; and when determining the delay situation acquired by recognizing the at least one individual, the first processor determines whether a timing of recognizing the at least one individual is earlier than a predetermined timing with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the user experience of a vehicle utilizing a user identification system by allowing the user to avoid the wait while the system is busy identifying and use features of the vehicle right away as discussed in James (see at least James [English Translation pg.4 para.12-13] delay in authentication for any reason, the vehicle may be allowed to start without waiting for authentication).
Claims 3 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Tayama (WO 2017038486 A1) in view of Chen (DE 102017222900 A1). Hereafter referred to as Tayama and Chen respectively.
Regarding Claim 3, Tayama teaches a vehicle personalization setting system (see at least Tayama [English Translation, Abstract] Provided is an automobile user information management system capable of controlling functions of an automobile according to the preference of individual users on board. A cloud server (3) stores user information based on each user of an automobile, in association with biometric information of each of the users. When biometric information of a user on board has been authenticated by a biometric authentication means (8), a control unit (2) in an automobile (12) downloads, from the cloud server (3), user information on the basis of the authenticated biometric information. The control unit (2) then controls the function of the automobile in accordance with the downloaded biometric information)
comprising:
a first processor with a first memory; and a second processor with a second memory (see at least Tayama [English Translation pg.2 para.6, pg.3 para.3] The control unit 7 includes a computer including a CPU, a ROM, and a RAM…The control unit 2 is a main control unit of the automobile 12 composed of a CPU, and performs control processing of each electrical equipment)
wherein the first processor is configured to set personalization setting information of at least one in-vehicle instrument for each recognized individual (see at least Tayama [English Translation pg.3 para.3, pg.3 para.7] The control unit 2 is a main control unit of the automobile 12 composed of a CPU, and performs control processing of each electrical equipment…the control unit 2 includes a wireless communication unit 18 that performs short-range wireless communication with the portable device 1, a door and trunk door lock drive unit 19, a seat drive mechanism unit 20, an audio device 21, a navigation device 22, and an in-vehicle air conditioner)
the second processor is further configured to:
communicate with a vehicle exterior server placed outside a vehicle in which the at least one in-vehicle instrument is mounted (see at least Tayama [English Translation pg.4 para.6, pg.2 para.3] The cloud server 3 includes a user information database 3a that stores biometric information and user information detected by the control unit 2 in association with each other…The control unit 2 and the cloud server 3 are connected via a communication network 6)
acquire the personalization setting information for the vehicle instrument, the information being stored in the vehicle exterior server based on the at least one individual recognized by the second processor (see at least Tayama [English Translation pg.2 para.4, pg.3 para.8, and pg.4 para.6] The biometric recognition sensor 4 detects biometric information peculiar to the user, such as a fingerprint, a finger vein pattern, and a heartbeat. The biometric recognition sensor 4 in this example is a fingerprint sensor. When a person presses the tip of a finger against a detection unit arranged on the case surface of the portable device 1, the fingerprint pattern is detected as biometric information…The user information management means 14 detects user information in association with the biological information transmitted from the portable device 1. As user information in this case, for example, the position of the seat, the address of the home or work, the frequently visited place, the store, the air conditioning environment in the car, the inter-vehicle distance with the preceding vehicle according to the speed of the car, the brake operation)
the first processor is further configured to:
when the second processor recognizes the at least one individual, check the recognized individual against an individual according to the personalization setting information acquired from the vehicle exterior server (see at least Tayama [English Translation pg.2 para.9] When the fingertip touches the biometric recognition sensor 4, the biometric authentication unit 8 compares the detected biometric information with the registered biometric information stored in the registered biometric information storage unit 11 and determines whether or not they match each other. Determine. If they match, the authentication flag 8a provided in the RAM is set)
when a corresponding individual for check of the recognized individual has been matched, set personalization setting information for the vehicle instrument of the checked individual (see at least Tayama [English Translation pg.3 para.7-8, pg.4 para.10, and pg.5 para.3] The user information management means 14 detects user information in association with the biological information transmitted from the portable device 1. As user information in this case, for example, the position of the seat, the address of the home or work, the frequently visited place, the store, the air conditioning environment in the car…the control unit 2 includes a wireless communication unit 18 that performs short-range wireless communication with the portable device 1, a door and trunk door lock drive unit 19, a seat drive mechanism unit 20, an audio device 21, a navigation device 22, and an in-vehicle air conditioner.23 etc. It is connected with vehicle equipment…When the biometric authentication unit 8 confirms that the biometric information is registered by matching the biometric information (“YES” in step S2), the control unit 7 establishes a wireless communication connection with the control unit 2 of the automobile 12…the control unit 2 outputs a door lock release signal to the door lock drive unit 19 to release the door lock when authentication with the portable device 1 is established)
the second processor controls an audio instrument in a vehicle via an in-vehicle network based on the set personalization setting information stored in a storage in the vehicle (see at least Tayama [English Translation Abstract, pg.5 para.6, pg.7 para.9, pg.7 para.4] If user information is stored, it is downloaded and the air conditioning temperature in the vehicle, audio volume, seat position, etc. are set to conditions according to the user based on the acquired user information...the control unit 2 extracts the common music from the music information of each person downloaded from the cloud server 3, so that the music that the user likes in common can be reproduced from the audio device 21....a control unit (2) in an automobile (12) downloads, from the cloud server (3)...the user information sent to the cloud server 3 is downloaded by access from the control unit 2 of the automobile).
However, while Tayama teaches a system for recognizing a user in order to set that user’s corresponding vehicle setting information based on their personalization settings or preferences, it does not explicitly teach wherein the personalization settings are acquired while the user is being recognized. Therefore Tayama does not explicitly teach wherein the second processor is further configured to: acquire the personalization setting information of the vehicle instrument of the at least one individual while the second processor recognizes the at least one individual, the personalization setting information being stored in the outside vehicle exterior server.
Chen, in the same field as the endeavor, teaches wherein the second processor is further configured to: acquire the personalization setting information of the vehicle instrument of the at least one individual while the second processor recognizes the at least one individual, the personalization setting information being stored in the outside vehicle exterior server (see at least Chen [English Translation pg.13 para.1, pg.7 para.3, pg.5 para.6] the driver recognition settings application 104 during the execution phase of the driver recognition setting application 104 as discussed below, access the vehicle setup profile associated with the vehicle owner when the vehicle owner is recognized as a driver and one or more command signals to the ECU 112 send to one or more of the variety of vehicle systems 118 be controlled to execute the preferred settings of the vehicle owner as indicated in the vehicle settings profile associated with the vehicle owner...The communication unit 116 can work with one or more components of the operating environment 100 and / or additional systems and components outside the operating environment 100 communicate. The communication unit 116 may include one or more transmitters…that may be used for wired and wireless connections and communication over various protocols....the driver recognition settings application 104 on a head unit 106 of the vehicle 102 One or more wearable computing devices (wearable device) 108 connected to the vehicle 102 or one or more portable electronic devices (portable device) 110 connected to the wearable device 108 and / or the vehicle 102 communicate, or a combination thereof) The disclosure in Chen teaches where the vehicle profile associated with a user can be accessed during the driver recognition phase.
Therefore, 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 system set forth in Tayama to contain a system for wherein the second processor is further configured to: acquire the personalization setting information of the vehicle instrument of the at least one individual while the second processor recognizes the at least one individual, the personalization setting information being stored in the outside vehicle exterior server with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving vehicle handling characteristics and safety by more reliably providing user’s preferred settings while driving as discussed in Chen (see at least Chen [English Translation pg.4 para.7] to improve, but not limit, the vehicle, handling characteristics, and / or safety).
Regarding Claim 9, Tayama teaches a vehicle personalization setting method (see at least Tayama [English Translation, Abstract] Provided is an automobile user information management system capable of controlling functions of an automobile according to the preference of individual users on board. A cloud server (3) stores user information based on each user of an automobile, in association with biometric information of each of the users. When biometric information of a user on board has been authenticated by a biometric authentication means (8), a control unit (2) in an automobile (12) downloads, from the cloud server (3), user information on the basis of the authenticated biometric information. The control unit (2) then controls the function of the automobile in accordance with the downloaded biometric information)
comprising:
a first processor with a first memory; and a second processor with a second memory (see at least Tayama [English Translation pg.2 para.6, pg.3 para.3] The control unit 7 includes a computer including a CPU, a ROM, and a RAM…The control unit 2 is a main control unit of the automobile 12 composed of a CPU, and performs control processing of each electrical equipment)
wherein the first processor is configured to set personalization setting information of at least one in-vehicle instrument for each recognized individual (see at least Tayama [English Translation pg.3 para.3, pg.3 para.7] The control unit 2 is a main control unit of the automobile 12 composed of a CPU, and performs control processing of each electrical equipment…the control unit 2 includes a wireless communication unit 18 that performs short-range wireless communication with the portable device 1, a door and trunk door lock drive unit 19, a seat drive mechanism unit 20, an audio device 21, a navigation device 22, and an in-vehicle air conditioner)
the second processor is further configured to:
communicate with a vehicle exterior server placed outside a vehicle in which the at least one in-vehicle instrument is mounted (see at least Tayama [English Translation pg.4 para.6, pg.2 para.3] The cloud server 3 includes a user information database 3a that stores biometric information and user information detected by the control unit 2 in association with each other…The control unit 2 and the cloud server 3 are connected via a communication network 6)
causing:
the first processor is further configured to:
check the recognized individual against an individual according to the personalization setting information acquired from the vehicle exterior server when the second processor has identified the at least one individual (see at least Tayama [English Translation pg.2 para.9] When the fingertip touches the biometric recognition sensor 4, the biometric authentication unit 8 compares the detected biometric information with the registered biometric information stored in the registered biometric information storage unit 11 and determines whether or not they match each other. Determine. If they match, the authentication flag 8a provided in the RAM is set)
the second processor controls an audio instrument in a vehicle via an in-vehicle network based on the set personalization setting information stored in a storage in the vehicle (see at least Tayama [English Translation Abstract, pg.5 para.6, pg.7 para.9, pg.7 para.4] If user information is stored, it is downloaded and the air conditioning temperature in the vehicle, audio volume, seat position, etc. are set to conditions according to the user based on the acquired user information...the control unit 2 extracts the common music from the music information of each person downloaded from the cloud server 3, so that the music that the user likes in common can be reproduced from the audio device 21....a control unit (2) in an automobile (12) downloads, from the cloud server (3)...the user information sent to the cloud server 3 is downloaded by access from the control unit 2 of the automobile).
However, while Tayama teaches a system for recognizing a user in order to set that user’s corresponding vehicle setting information based on their personalization settings or preferences, it does not explicitly teach wherein the personalization settings are acquired while the user is being recognized. Therefore Tayama does not explicitly teach wherein the second processor is further configured to: acquire the personalization setting information of the vehicle instrument of the at least one individual while the second processor recognizes the at least one individual, the personalization setting information being stored in the outside vehicle exterior server.
Chen, in the same field as the endeavor, teaches wherein the second processor is further configured to: acquire the personalization setting information of the vehicle instrument of the at least one individual while the second processor recognizes the at least one individual, the personalization setting information being stored in the outside vehicle exterior server (see at least Chen [English Translation pg.13 para.1, pg.7 para.3, pg.5 para.6] the driver recognition settings application 104 during the execution phase of the driver recognition setting application 104 as discussed below, access the vehicle setup profile associated with the vehicle owner when the vehicle owner is recognized as a driver and one or more command signals to the ECU 112 send to one or more of the variety of vehicle systems 118 be controlled to execute the preferred settings of the vehicle owner as indicated in the vehicle settings profile associated with the vehicle owner...The communication unit 116 can work with one or more components of the operating environment 100 and / or additional systems and components outside the operating environment 100 communicate. The communication unit 116 may include one or more transmitters…that may be used for wired and wireless connections and communication over various protocols....the driver recognition settings application 104 on a head unit 106 of the vehicle 102 One or more wearable computing devices (wearable device) 108 connected to the vehicle 102 or one or more portable electronic devices (portable device) 110 connected to the wearable device 108 and / or the vehicle 102 communicate, or a combination thereof) The disclosure in Chen teaches where the vehicle profile associated with a user can be accessed during the driver recognition phase.
Therefore, 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 system set forth in Tayama to contain a system for wherein the second processor is further configured to: acquire the personalization setting information of the vehicle instrument of the at least one individual while the second processor recognizes the at least one individual, the personalization setting information being stored in the outside vehicle exterior server with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving vehicle handling characteristics and safety by more reliably providing user’s preferred settings while driving as discussed in Chen (see at least Chen [English Translation pg.4 para.7] to improve, but not limit, the vehicle, handling characteristics, and / or safety).
Claims 4 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Tayama (WO 2017038486 A1) in view of Nakayama et al (JP 2011118561 A) and Todasco et al (US 20170291614 A1). Hereafter referred to as Tayama, Nakayama, and Todasco respectively.
Regarding Claim 4, Tayama teaches a vehicle personalization setting system (see at least Tayama [English Translation, Abstract] Provided is an automobile user information management system capable of controlling functions of an automobile according to the preference of individual users on board. A cloud server (3) stores user information based on each user of an automobile, in association with biometric information of each of the users. When biometric information of a user on board has been authenticated by a biometric authentication means (8), a control unit (2) in an automobile (12) downloads, from the cloud server (3), user information on the basis of the authenticated biometric information. The control unit (2) then controls the function of the automobile in accordance with the downloaded biometric information)
comprising:
a first processor with a first memory; and a second processor with a second memory (see at least Tayama [English Translation pg.2 para.6, pg.3 para.3] The control unit 7 includes a computer including a CPU, a ROM, and a RAM…The control unit 2 is a main control unit of the automobile 12 composed of a CPU, and performs control processing of each electrical equipment)
wherein the second processor is further configured to:
communicate with a vehicle exterior server placed outside a vehicle in which the at least one in-vehicle instrument is mounted (see at least Tayama [English Translation pg.4 para.6, pg.2 para.3] The cloud server 3 includes a user information database 3a that stores biometric information and user information detected by the control unit 2 in association with each other…The control unit 2 and the cloud server 3 are connected via a communication network 6)
the second processor is further configured to acquire the personalization setting information for a vehicle instrument, the information being stored in the vehicle exterior server based on the individual recognized by the second processor (see at least Tayama [English Translation pg.2 para.3-4, pg.3 para.8, and pg.4 para.6] The biometric recognition sensor 4 detects biometric information peculiar to the user, such as a fingerprint, a finger vein pattern, and a heartbeat. The biometric recognition sensor 4 in this example is a fingerprint sensor. When a person presses the tip of a finger against a detection unit arranged on the case surface of the portable device 1, the fingerprint pattern is detected as biometric information…The user information management means 14 detects user information in association with the biological information transmitted from the portable device 1. As user information in this case, for example, the position of the seat, the address of the home or work, the frequently visited place, the store, the air conditioning environment in the car, the inter-vehicle distance with the preceding vehicle according to the speed of the car, the brake operation…The cloud server 3 includes a user information database 3a that stores biometric information and user information detected by the control unit 2 in association with each other…The control unit 2 and the cloud server 3 are connected via a communication network 6)
the second processor controls an audio instrument in a vehicle via an in-vehicle network based on the set personalization setting information stored in a storage in the vehicle (see at least Tayama [English Translation Abstract, pg.5 para.6, pg.7 para.9, pg.7 para.4] If user information is stored, it is downloaded and the air conditioning temperature in the vehicle, audio volume, seat position, etc. are set to conditions according to the user based on the acquired user information...the control unit 2 extracts the common music from the music information of each person downloaded from the cloud server 3, so that the music that the user likes in common can be reproduced from the audio device 21....a control unit (2) in an automobile (12) downloads, from the cloud server (3)...the user information sent to the cloud server 3 is downloaded by access from the control unit 2 of the automobile).
However, Tayama does not explicitly teach wherein the first processor is further configured to set, from the personalization setting information acquired by the second processor, the personalization setting information for the vehicle instrument of the individual recognized by the first processor different from the second processor when a specific reliability of the individual recognized by the second processor is lower than a predetermined value.
Nakayama, in the same field as the endeavor, teaches wherein the first processor is further configured to set, from the personalization setting information acquired by the second processor, the personalization setting information for the vehicle instrument of the individual recognized by the first processor different from the second processor when a specific reliability of the individual recognized by the second processor is lower than a predetermined value (see at least Nakayama [English Translation pg.4 para.2] When the biometric authentication information read and inputted is lower than a set threshold value, the personal identification number requested by the personal identification number requesting means is inputted from the personal identification number input unit to identify the person).
Therefore, 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 system set forth in Tayama to contain a system for wherein the first processor is further configured to set, from the personalization setting information acquired by the second processor, the personalization setting information for the vehicle instrument of the individual recognized by the first processor different from the second processor when a specific reliability of the individual recognized by the second processor is lower than a predetermined value with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving both the usability and reliability of the system by including a backup identification method when the primary method is displaying signs of unreliability.
Further, Tayama does not explicitly teach when a specific reliability of the at least one recognized individual is not lower than a predetermined value, the first processor executes an activation process of a subscription function.
Todasco, in the same field as the endeavor, teaches when a specific reliability of the at least one recognized individual is not lower than a predetermined value, the first processor executes an activation process of a subscription function (see at least Todasco [Abstract, ¶ 13-16] A user may check-in to a vehicle so that the vehicle identifies the user, such as through providing identification to the vehicle using biometrics…Once the user is detected in the vehicle, the vehicle's device may set or load parameters for the user and access and/or determine restrictions on use of the vehicle by the user. In various other embodiments, the user exerting control of the vehicle may set standardized restrictions for the vehicle, or may set restrictions based on user parameters (e.g., age, health, etc.). The user parameters may also be based on information associated with the user, such as subscriptions...restriction may be associated with…use of a service associated with the vehicle (e.g., OnStar®, toll road payments, etc.). For example, the restrictions may include…media playback using the onboard computing device of the vehicle, radio or media stations available using the onboard computing device of the vehicle...Once the restrictions are accessed and/or determined, the restrictions may be enforced on usage of the vehicle by the user. Thus, the user may be prevented from utilizing the vehicle in a way that violates the restrictions. For example, the user may be prevented from utilizing a satellite radio of the vehicle).
Therefore, 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 system set forth in Tayama to contain a system for when a specific reliability of the at least one recognized individual is not lower than a predetermined value, the first processor executes an activation process of a subscription function with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the monitoring and usage of vehicle systems and services.
Regarding Claim 10, Tayama teaches a vehicle personalization setting method (see at least Tayama [English Translation, Abstract] Provided is an automobile user information management system capable of controlling functions of an automobile according to the preference of individual users on board. A cloud server (3) stores user information based on each user of an automobile, in association with biometric information of each of the users. When biometric information of a user on board has been authenticated by a biometric authentication means (8), a control unit (2) in an automobile (12) downloads, from the cloud server (3), user information on the basis of the authenticated biometric information. The control unit (2) then controls the function of the automobile in accordance with the downloaded biometric information)
comprising:
a first processor with a first memory; and a second processor with a second memory (see at least Tayama [English Translation pg.2 para.6, pg.3 para.3] The control unit 7 includes a computer including a CPU, a ROM, and a RAM…The control unit 2 is a main control unit of the automobile 12 composed of a CPU, and performs control processing of each electrical equipment)
wherein the second processor is further configured to:
communicate with a vehicle exterior server placed outside a vehicle in which the at least one in-vehicle instrument is mounted (see at least Tayama [English Translation pg.4 para.6, pg.2 para.3] The cloud server 3 includes a user information database 3a that stores biometric information and user information detected by the control unit 2 in association with each other…The control unit 2 and the cloud server 3 are connected via a communication network 6)
causing:
the second processor is further configured to acquire the personalization setting information for a vehicle instrument, the information being stored in the vehicle exterior server based on the individual recognized by the second processor (see at least Tayama [English Translation pg.2 para.3-4, pg.3 para.8, and pg.4 para.6] The biometric recognition sensor 4 detects biometric information peculiar to the user, such as a fingerprint, a finger vein pattern, and a heartbeat. The biometric recognition sensor 4 in this example is a fingerprint sensor. When a person presses the tip of a finger against a detection unit arranged on the case surface of the portable device 1, the fingerprint pattern is detected as biometric information…The user information management means 14 detects user information in association with the biological information transmitted from the portable device 1. As user information in this case, for example, the position of the seat, the address of the home or work, the frequently visited place, the store, the air conditioning environment in the car, the inter-vehicle distance with the preceding vehicle according to the speed of the car, the brake operation…The cloud server 3 includes a user information database 3a that stores biometric information and user information detected by the control unit 2 in association with each other…The control unit 2 and the cloud server 3 are connected via a communication network 6)
the first processor to set personalization setting information of the vehicle instrument of the recognized individual from the personalization setting information acquired by the second processor (see at least Tayama [English Translation pg.3 para.7-8, pg.4 para.10, and pg.5 para.7] The user information management means 14 detects user information in association with the biological information transmitted from the portable device 1. As user information in this case, for example, the position of the seat, the address of the home or work, the frequently visited place, the store, the air conditioning environment in the car, the inter-vehicle distance with the preceding vehicle according to the speed of the car, the brake operation…the control unit 2 includes a wireless communication unit 18 that performs short-range wireless communication with the portable device 1, a door and trunk door lock drive unit 19, a seat drive mechanism unit 20, an audio device 21, a navigation device 22, and an in-vehicle air conditioner.23 etc. It is connected with vehicle equipment…When the biometric authentication unit 8 confirms that the biometric information is registered by matching the biometric information (“YES” in step S2), the control unit 7 establishes a wireless communication connection with the control unit 2 of the automobile 12….If user information is stored, it is downloaded and the air conditioning temperature in the vehicle, audio volume, seat position, etc. are set to conditions according to the user based on the acquired user information).
wherein the second processor controls an audio instrument in a vehicle via an in-vehicle network based on the set personalization setting information stored in a storage in the vehicle (see at least Tayama [English Translation Abstract, pg.5 para.6, pg.7 para.9, pg.7 para.4] If user information is stored, it is downloaded and the air conditioning temperature in the vehicle, audio volume, seat position, etc. are set to conditions according to the user based on the acquired user information...the control unit 2 extracts the common music from the music information of each person downloaded from the cloud server 3, so that the music that the user likes in common can be reproduced from the audio device 21....a control unit (2) in an automobile (12) downloads, from the cloud server (3)...the user information sent to the cloud server 3 is downloaded by access from the control unit 2 of the automobile).
However, Tayama does not explicitly teach wherein the first processor different from the second processor to recognize the at least one individual when a specific reliability of the at least one individual recognized by the second processor is lower than a predetermined value.
Nakayama, in the same field as the endeavor, teaches wherein the first processor different from the second processor to recognize the at least one individual when a specific reliability of the at least one individual recognized by the second processor is lower than a predetermined value (see at least Nakayama [English Translation pg.4 para.2] When the biometric authentication information read and inputted is lower than a set threshold value, the personal identification number requested by the personal identification number requesting means is inputted from the personal identification number input unit to identify the person).
Therefore, 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 system set forth in Tayama to contain a system for wherein the first processor different from the second processor to recognize the at least one individual when a specific reliability of the at least one individual recognized by the second processor is lower than a predetermined value with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving both the usability and reliability of the system by including a backup identification method when the primary method is displaying signs of unreliability.
Further, Tayama does not explicitly teach when a specific reliability of the at least one recognized individual is not lower than a predetermined value, the first processor executes an activation process of a subscription function.
Todasco, in the same field as the endeavor, teaches when a specific reliability of the at least one recognized individual is not lower than a predetermined value, the first processor executes an activation process of a subscription function (see at least Todasco [Abstract, ¶ 13-16] A user may check-in to a vehicle so that the vehicle identifies the user, such as through providing identification to the vehicle using biometrics…Once the user is detected in the vehicle, the vehicle's device may set or load parameters for the user and access and/or determine restrictions on use of the vehicle by the user. In various other embodiments, the user exerting control of the vehicle may set standardized restrictions for the vehicle, or may set restrictions based on user parameters (e.g., age, health, etc.). The user parameters may also be based on information associated with the user, such as subscriptions...restriction may be associated with…use of a service associated with the vehicle (e.g., OnStar®, toll road payments, etc.). For example, the restrictions may include…media playback using the onboard computing device of the vehicle, radio or media stations available using the onboard computing device of the vehicle...Once the restrictions are accessed and/or determined, the restrictions may be enforced on usage of the vehicle by the user. Thus, the user may be prevented from utilizing the vehicle in a way that violates the restrictions. For example, the user may be prevented from utilizing a satellite radio of the vehicle).
Therefore, 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 system set forth in Tayama to contain a system for when a specific reliability of the at least one recognized individual is not lower than a predetermined value, the first processor executes an activation process of a subscription function with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the monitoring and usage of vehicle systems.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Tayama (WO 2017038486 A1) in view of Nakayama et al (JP 2011118561 A), Todasco et al (US 20170291614 A1), and Uchida et al (JP 2007245842 A). Hereafter referred to as Tayama, Nakayama, Todasco, and Uchida respectively.
Regarding Claim 5, Tayama in view of Nakayama and Todasco teaches all limitations of Claim 4 as set forth above. However, Tayama does not explicitly teach wherein the first processor is configured to perform a password authentication managed by an in-vehicle instrument mounted in the vehicle or a two-step authentication by an authentication server.
Uchida, in the same field as the endeavor, teaches teach wherein the first processor is configured to perform a password authentication managed by an in-vehicle instrument mounted in a vehicle or a two-step authentication by an authentication server (see at least Uchida [English Translation, pg.4 para.7-8, pg.7 para.2] The driver identification unit 22 includes, for example, a switch that receives a driver's operation. The driver can select himself / herself by operating the switch, and the driver is identified according to the operation. An operation panel or the like that allows the driver to input a code symbol or the like may be provided to recognize the input code symbol or the like…The driver identifying means 22 can also identify the driver using hardware such as a driver's ID card and biometric authentication such as a driver's fingerprint, palm print, iris, voice print, and the like. As the driver's ID card, for example, when the driver's license is digitized in the future, the driver's license may be used....in all vehicles in which the individualization unit 20A is mounted and the parameter group can be used in the same manner, traveling control using parameters associated with individual drivers is possible. Therefore, it is possible to always obtain suitable driving conditions even when driving another vehicle).
Therefore, 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 system set forth in Tayama to contain a system for wherein the first processor is configured to perform a password authentication managed by an in-vehicle instrument mounted in a vehicle or a two-step authentication by an authentication server with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving both the usability and reliability of the system by including a backup identification method when the primary method is displaying signs of unreliability, a password is often used as a last resort due to its reliability.
Regarding Claim 6, Tayama in view of Nakayama and Todasco teaches all limitations of Claim 4 as set forth above. However, Tayama does not explicitly teach where in the first processor compares the personalization setting information managed by an in-vehicle instrument mounted in the vehicle and activates a personalization function when the personalization setting information is matched.
Uchida, in the same field as the endeavor, teaches wherein the first processor compares the personalization setting information managed by an in-vehicle instrument mounted in a vehicle and activates a personalization function when the personalization setting information is matched (see at least Uchida [English Translation, pg.4 para.9, pg.7 para.2] The parameter creating unit 24 includes, for example, an input device that receives an operation of a driver or the like. The parameter creation unit 24 creates a parameter that is optimal for the profile, for example, by executing a calculation based on the attribute (profile) of the driver input by the input device. Examples of driver attributes include the age, sex, and driving history of the driver...for each driver, the parameter storage means 21B storing the parameter group is prepared, and the parameters of the driver are set to the electronic control devices…For this reason, traveling control using parameters associated with individual drivers is possible in all vehicles in which the individualization unit 20B is mounted and the parameter group can be similarly used. Therefore, even when another vehicle is driven, it is possible to always obtain the optimum driving condition).
Therefore, 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 system set forth in Tayama to contain a system for wherein the first processor compares the personalization setting information managed by an in-vehicle instrument mounted in a vehicle and activates a personalization function when the personalization setting information is matched with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of paring the personal settings that are stored for each driver with the correct driver currently using the vehicle mounted device as discussed in Uchida.
Regarding Claim 7, Tayama in view of Nakayama and Todasco teaches all limitations of Claim 4 as set forth above. However, Tayama does not explicitly teach wherein the first processor is configured to acquire identification information of a user for recognizing the at least one individual, the identification information being managed in an in-vehicle instrument mounted in the vehicle.
Uchida, in the same field as the endeavor, teaches wherein the first processor is configured to acquire identification information of a user for recognizing the at least one individual, the identification information being managed in an in-vehicle instrument mounted in the vehicle (see at least Uchida [English Translation pg.4 para.7-8] the driver identification unit 22 includes, for example, a switch that receives a driver's operation. The driver can select himself / herself by operating the switch, and the driver is identified according to the operation. An operation panel or the like that allows the driver to input a code symbol or the like may be provided to recognize the input code symbol or the like…The driver identifying means 22 can also identify the driver using hardware such as a driver's ID card and biometric authentication such as a driver's fingerprint, palm print, iris, voice print, and the like. As the driver's ID card, for example, when the driver's license is digitized in the future, the driver's license may be used).
Therefore, 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 system set forth in Tayama to contain a system for wherein the first processor is configured to acquire identification information of a user for recognizing the at least one individual, the identification information being managed in an in-vehicle instrument mounted in a vehicle with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the personal identification system by including a second system that functions the same as the primary system to allow for redundancy and reliability of the system as a whole.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Tayama (WO 2017038486 A1) in view of Bunyan Roy James (GB 2373614 A) and Ohashi et al (US 20220332283 A1). Hereafter referred to as Tayama, James, and Ohashi respectively.
Regarding Claims 11 and 12, Tayama in view of James teaches all limitations of the system of Claim 1 and the method of Claim 8. However, Tayama does not explicitly teach wherein after activation, the first processor receives information indicating an execution start timing of a process of recognizing the at least one individual, and determines whether the timing of recognizing the at least one individual is earlier than the predetermined timing based on a reception timing of receiving the information.
Ohashi, in the same field as the endeavor, teaches wherein after activation, the first processor receives information indicating an execution start timing of a process of recognizing the at least one individual, and determines whether the timing of recognizing the at least one individual is earlier than the predetermined timing based on a reception timing of receiving the information (see at least Ohashi [¶ 6, 104] conforms to second wireless communication standards, wherein, when the authentication process is not finished within a specified time, the control section performs control to re-execute the authentication process without waiting for the specified process to be finished…in a case where the control section 135 has received the authentication process result within the specified time in step S302 (S302: Yes), the control section 135 decides whether or not authenticity of portable equipment is verified based on the authentication process result ).
Therefore, 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 system set forth in Tayama to contain a system for wherein after activation, the first processor receives information indicating an execution start timing of a process of recognizing the at least one individual, and determines whether the timing of recognizing the at least one individual is earlier than the predetermined timing based on a reception timing of receiving the information with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving both the security and speed of the vehicle user identification system as discussed in Ohashi (see at least Ohashi [¶ 5] to achieve both of improvement of security and reduction of a time required for retry).
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Tayama (WO 2017038486 A1) in view of Chen (DE 102017222900 A1) and Todasco et al (US 20170291614 A1). Hereafter referred to as Tayama, Chen, and Todasco respectively.
Regarding Claim 13 and 14, Tayama in view of Chen teaches all limitations of the system of Claim 3 and the method of Claim 9. However, Tayama does not explicitly teach wherein the personalization setting information is subscription purchase state information related to subscription service.
Todasco, in the same field as the endeavor, teaches wherein the personalization setting information is subscription purchase state information related to subscription service (see at least Todasco [Abstract, ¶ 13-16] A user may check-in to a vehicle so that the vehicle identifies the user, such as through providing identification to the vehicle using biometrics…Once the user is detected in the vehicle, the vehicle's device may set or load parameters for the user and access and/or determine restrictions on use of the vehicle by the user. In various other embodiments, the user exerting control of the vehicle may set standardized restrictions for the vehicle, or may set restrictions based on user parameters (e.g., age, health, etc.). The user parameters may also be based on information associated with the user, such as subscriptions...restriction may be associated with…use of a service associated with the vehicle (e.g., OnStar®, toll road payments, etc.). For example, the restrictions may include…media playback using the onboard computing device of the vehicle, radio or media stations available using the onboard computing device of the vehicle...Once the restrictions are accessed and/or determined, the restrictions may be enforced on usage of the vehicle by the user. Thus, the user may be prevented from utilizing the vehicle in a way that violates the restrictions. For example, the user may be prevented from utilizing a satellite radio of the vehicle…Other applications 114 may include payment applications and/or services, for example, applications/services that may provide…purchases made by a user in the vehicle).
Therefore, 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 system set forth in Tayama to contain a system for wherein the personalization setting information is subscription purchase state information related to subscription service with reasonable expectation of success. One of ordinary skill in the art would have been motivated to make such a modification for benefit of improving the monitoring and usage of vehicle systems and services.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JOSEPH A YANOSKA whose telephone number is (703)756-5891. The examiner can normally be reached M-F 9:00am to 5:00pm (Pacific Time).
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/JOSEPH ANDERSON YANOSKA/Examiner, Art Unit 3664
/RACHID BENDIDI/ Supervisory Patent Examiner, Art Unit 3664
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