DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/21/2025, 01/07/2026 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-9, 13-17, and 19 are rejected under 35 U.S.C. 102 (a)(1) (a)(2) as being anticipated by HERMINA MARTINEZ (US PGPUB: US 20190355178 A1, hereinafter “HERMINA”).
Regarding independent claim 1, HERMINA teaches: A method for providing an interactive virtual environment within a vehicle, the method comprising: (HERMINA − [0003] Example embodiments of the present disclosure relate to providing a shared vehicle experience between one or more occupants of a vehicle and one or more remote users through presentation of audiovisual content that includes aspects of a virtual world generated using a model of a vehicle interior. [0004] Example embodiments of the present disclosure relate to using an avatar to represent a remote user as a virtual passenger in a vehicle.)
acquiring sensor data by at least one vehicle sensor; (HERMINA − [0032] The vehicle may include various types of interior sensors that can be used to capture information about an occupant.)
processing, by a processing device, the sensor data to determine occupant data associated with an occupant inside the vehicle; (HERMINA − [0031-0032] For example, the interior sensors may be used to determine a seated location and a bodily movement of the occupant. Examples of bodily movements include, but are not limited to, head movements, eye movements, lip movements, facial expressions, and gestures performed using a hand and/or arm (e.g., pointing to an object in the exterior environment). [0040] The interior sensors 214 capture bodily movements of vehicle occupants and sound produced by the occupants. [0038] FIG. 2 is a simplified block diagram of a system 200 implementing features described earlier with respect to FIG. 1.)
configuring, by a processing device, an interactive virtual environment using the occupant data; (HERMINA − [0005] Example embodiments of the present disclosure relate to using an avatar to represent an occupant. [0062] At step 416, the vehicle system 210 may capture and send at least a portion of the exterior video stream together with occupant information to a computer device for generating output for the remote user, e.g., transmitting the exterior video stream and occupant information to the VR system 230 or the server 220. The occupant information is analogous to the remote user information in that the occupant information may indicate bodily movements of one or more occupants, and can therefore be used in a similar fashion to create augmented video comprising an avatar of an occupant. [0079] At step 716, avatars of each occupant in the vehicle and each remote user are added to the VR environment.)
and displaying the interactive virtual environment to the occupant by a vehicle display. (HERMINA − [0013] FIG. 3 shows an example of a digital rearview mirror displaying an avatar. [0019] FIG. 8 shows a virtual vehicle scene generated based on a 3D model of a vehicle interior. [0043] FIG. 3 shows an example of a digital rearview mirror 300 displaying an avatar 310 of a remote user as a virtual passenger within a vehicle interior 320.)
Regarding dependent claim 2, depends on claim 1, HERMINA teaches: wherein the at least one vehicle sensor is selected from a group consisting of an in-cabin camera, a fatigue detection sensor, a seat-embedded pressure sensor, a smartphone-enabled Near Field Communication (NFC) or Bluetooth sensor, a digital key sensor, and an in-cabin radar sensor. (HERMINA − [0027] For example, an automobile may be equipped with interior cameras (e.g., in-cabin time-of-flight cameras) for detecting seating occupancy; in-vehicle microphones for hands-free telephony, noise-dependent volume control, and/or voice recognition functions; a digital rearview mirror display; exterior cameras that capture video or still images of the exterior environment (e.g., a rear camera that supports a parking assist function or provides images for a digital rearview mirror); and/or exterior ranging sensors to support object detection.)
Regarding dependent claim 4, depends on claim 1, HERMINA teaches: wherein processing, by the processing device, the sensor data comprises determining an identity of the occupant, (HERMINA − [0008] The occupant information indicates a location of one or more occupants in the vehicle and a bodily movement of the one or more occupants while the augmented video stream is being displayed in the vehicle.)
and the occupant data includes identification data representing the identity of the occupant. (HERMINA − [0067] At step 512, occupant information indicating bodily movement of one or more occupants in the vehicle and a location of each occupant are received, e.g., by the server 220. Additionally or alternatively, the occupant information may indicate a location (e.g., a seat position) of each occupant or identify each occupant (e.g., by actual name or username).)
Regarding dependent claim 5, depends on claim 1, HERMINA teaches: further comprising: obtaining, based on the occupant data, a 3D-model representing a meeting area external to the vehicle and a 3D-model representing the occupant, (HERMINA − [0073-0079] [0073] FIGS. 6A and 6B show example locations for virtual cameras used for rendering, based on a 3D vehicle model, views for the remote user and the occupant. In FIG. 6A, a virtual camera 605 is positioned in a rear of the vehicle (e.g., behind an unoccupied passenger seat) to render the scene observable from the viewpoint of a virtual passenger sitting in the same position. The rendered scene may include a 3D model of the vehicle, one or more images/video streams of the external environment and one or more avatars of the occupants. [0074] In FIG. 6B, a virtual camera 610 is positioned in the front of the vehicle (e.g., at approximately the same location as a rearview mirror) to render the scene observable through the rearview mirror. The rendered scene may include a 3D model of the vehicle, one or more images/video streams of the external environment, one or more avatars of the occupants and/or the virtual passenger.) and configuring the interactive virtual environment depicting the 3D-models of the meeting area and the occupant. (HERMINA − [0073-0079] [0075] FIG. 7 is a flowchart of a method 700 for constructing a VR environment according to an embodiment. The method 700 can be performed at the server 220 which, as explained earlier, can be located in either vehicle system 210 or VR system 230, duplicated in both locations, or located physically separate from both the vehicle system 210 and the VR system 230. [0079] At step 716, avatars of each occupant in the vehicle and each remote user are added to the VR environment.)
Regarding dependent claim 6, depends on claim 1, HERMINA teaches: further comprising: notifying a person external to the vehicle, with which the occupant intends to communicate, of the presence of the occupant in the virtual environment. (HERMINA − [0070-0071] [0070] At step 516, the VR system 230 captures and sends information indicating bodily movement of the remote user to a computer device of the occupant, e.g., transmitting remote user information to the vehicle system 210 via the server 220. The VR system 230 may also capture sound from the remote user to generate and send an audio stream to the computer device of the occupant. The information sent from the VR system 230 can be used to generate an augmented video stream and/or an audio stream for the occupant, e.g., according to the method of FIG. 4. [0071] The VR system 230 presents the captured media content to the remote user, e.g., on a virtual display (in which case the captured media content may be integrated into the augmented video stream displayed in step 510) or on a separate display device such as an external monitor.)
Regarding dependent claim 7, depends on claim 6, HERMINA teaches: further comprising: obtaining a 3D-model representing a person and configuring the interactive virtual environment using the 3D-model of the person. (HERMINA − [0073-0079] [0075] FIG. 7 is a flowchart of a method 700 for constructing a VR environment according to an embodiment. The method 700 can be performed at the server 220 which, as explained earlier, can be located in either vehicle system 210 or VR system 230, duplicated in both locations, or located physically separate from both the vehicle system 210 and the VR system 230. [0079] At step 716, avatars of each occupant in the vehicle and each remote user are added to the VR environment.)
Regarding dependent claim 8, depends on claim 7, HERMINA teaches: wherein obtaining the 3D-model of the person comprises: communicating at least part of the occupant data over a communication network; and receiving, in response to the communicating, over the communication network, the 3D-model representing the further person. (HERMINA − [0073-0079] [0075] FIG. 7 is a flowchart of a method 700 for constructing a VR environment according to an embodiment. The method 700 can be performed at the server 220 which, as explained earlier, can be located in either vehicle system 210 or VR system 230, duplicated in both locations, or located physically separate from both the vehicle system 210 and the VR system 230. [0079] At step 716, avatars of each occupant in the vehicle and each remote user are added to the VR environment. [0083] FIG. 9 shows the rendering of media content from various in-vehicle display devices onto a virtual reality environment for display to a remote user 900 wearing a VR headset 905. The in-vehicle display devices can include a digital rearview mirror 910, a left digital mirror 920, a right digital mirror 930, a head-up display (HUD) 940, an instrument cluster 950, an infotainment system 960, and a smart device 970. Media presented on each of these display devices can be transmitted to the server 220 for mirroring onto the VR headset 905 or some other display device of the remote user 900.)
Regarding dependent claim 9, depends on claim 6, HERMINA teaches: wherein the displayed interactive environment comprises avatars derived from the 3D-models of the occupant and the person. (HERMINA − [0031] The layout of the vehicle can be stored in a three-dimensional (3D) model, which can be captured through optical scanning or built using other 3D modeling techniques. The 3D model can be generated in advance of a communication session between an occupant and the remote user, so that the 3D model is available for use in creating a virtual replica of the vehicle interior.)
Regarding dependent claim 13, depends on claim 1, HERMINA teaches: wherein the vehicle display device is selected from a group consisting of: an integrated infotainment screen; a heads-up display (HUD) projected onto the windshield of the vehicle; a digital instrument cluster; a rear-seat entertainment screen; or a detachable tablet or mobile device docked within the vehicle. ([0083] FIG. 9 shows the rendering of media content from various in-vehicle display devices onto a virtual reality environment for display to a remote user 900 wearing a VR headset 905. e in-vehicle display devices can include a digital rearview mirror 910, a left digital mirror 920, a right digital mirror 930, a head-up display (HUD) 940, an instrument cluster 950, an infotainment system 960, and a smart device 970.)
Regarding independent claim 14, HERMINA teaches: A computing device integrated in a vehicle, comprising a processing unit and memory, wherein the memory comprises instructions that, when executed by the processing unit, cause the computing device to perform the following operations recited in claim 14 for the same reasons discussed above with respect to claim 1. (HERMINA – [0038-0040] see also the citations set forth above for claim 1).
Regarding dependent claim 15, depends on claim 14, HERMINA teaches: A vehicle comprising the computing device of claim 14. (HERMINA – [0038-0040] [0038] FIG. 2 is a simplified block diagram of a system 200 implementing features described earlier with respect to FIG. 1. The system 200 includes a vehicle system 210, a server 220, and a VR system 230. The vehicle system 210, the server 220, and the VR system 230 may each include one or more computer processors that execute instructions for providing the functionalities described herein. However, the processing steps in the system 200 or in any of the methods described herein may be embodied in hardware (e.g., processors or circuits) or in a combination of hardware, software and/or firmware.)
Regarding independent claim 16, HERMINA teaches: A system for providing an interactive virtual environment within a vehicle, the system comprising: at least one vehicle sensor to acquire sensor data; and at least one processing device programmed to recited in claim 16 for the same reasons discussed above with respect to claim 1. (HERMINA – [0038-0040] see also the citations set forth above for claim 1).
Regarding dependent claim 17, depends on claim 16, HERMINA teaches: wherein the at least one vehicle sensor is selected from a group consisting of an in-cabin camera, a fatigue detection sensor, a seat-embedded pressure sensor, a smartphone-enabled NFC Near Field Communication (NFC) or Bluetooth sensor, a digital key sensor, and an in-cabin radar sensor. (HERMINA − [0027] For example, an automobile may be equipped with interior cameras (e.g., in-cabin time-of-flight cameras) for detecting seating occupancy; in-vehicle microphones for hands-free telephony, noise-dependent volume control, and/or voice recognition functions; a digital rearview mirror display; exterior cameras that capture video or still images of the exterior environment (e.g., a rear camera that supports a parking assist function or provides images for a digital rearview mirror); and/or exterior ranging sensors to support object detection.)
Regarding dependent claim 19, depends on claim 16, HERMINA teaches: wherein the at least one processing device is further programmed to receive the sensor data that includes information corresponding to determining an identity of the occupant, (HERMINA − [0008] The occupant information indicates a location of one or more occupants in the vehicle and a bodily movement of the one or more occupants while the augmented video stream is being displayed in the vehicle.)
and the occupant data includes identification data representing the identity of the occupant. (HERMINA − [0067] At step 512, occupant information indicating bodily movement of one or more occupants in the vehicle and a location of each occupant are received, e.g., by the server 220. Additionally or alternatively, the occupant information may indicate a location (e.g., a seat position) of each occupant or identify each occupant (e.g., by actual name or username).)
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.
Claim(s) 3, 10, 11, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over HERMINA MARTINEZ (US PGPUB: US 20190355178 A1, hereinafter “HERMINA”) in view of Ricci (US PGPUB: US 20140309806 A1).
Regarding dependent claim 3, depends on claim 1, HERMINA does not explicitly teach: detecting entry of the occupant into the vehicle, and the occupant data includes an indication of the presence of occupant in a cabin of the vehicle
However, Ricci teaches: detecting entry of the occupant into the vehicle, and the occupant data includes an indication of the presence of occupant in a cabin of the vehicle. (Ricci − [0043] receiving, by the device discovery daemon, information from an on board vehicle sensor that a new occupant has entered the vehicle; [0575] A person may enter the vehicle space 108. One or more sensors 242 may then identify that a person is sitting within the vehicle 104, in step 1308. For example, sensors 242 in a seat, may determine that some new amount of weight has been registered.)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of HERMINA and Ricci as each of the inventions are related to detecting and obtaining information associated with occupants of a vehicle. Adding the teaching of Ricci provides HERMINA with detecting entry of an occupant into the vehicle and determining the presence of the occupant within the vehicle cabin. Therefore, providing the benefit of determining when an occupant is present within the vehicle for providing occupant related vehicle functionality.
Regarding dependent claim 10, depends on claim 6, HERMINA teaches: an inside living area, which is represented as a meeting area within the virtual environment. (HERMINA – [0002-0003] [0002] Telecommunication technology has enabled people to communicate with each other while being in different locations. a remote user at different location communication/interacting with the vehicle occupant in the shared environment)
HERMINA does not explicitly teach: wherein the occupant is the driver of the vehicle, the person is a family member or friend of the occupant located in an inside living area
However, Ricci teaches: wherein the occupant is the driver of the vehicle, the person is a family member or friend of the occupant located in (Ricci − [0209] The relevant information can include one or more of a persona of a selected person not currently in the vehicle, a message from a friend or family member of the vehicle occupant, a current activity of the friend and/or family member, a location [0343] The profile data 252 can be any type of data associated with at least one user 216 including family members [0345] The profile data 252 may include one or more user accounts. family status, and/or combinations thereof, etc.).)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shared virtual environment of HERMINA to include a friend or family member of the vehicle occupant, as taught by RICCI, in order to facilitate communication and interaction between the vehicle occupant and a known remote person based on information associated with the remote person.
Regarding dependent claim 11, depends on claim 6, HERMINA does not explicitly teach: further comprising: retrieving a preferred communication channel for the person, which enables the person to interact with the occupant within the vehicle's interactive virtual environment; and configuring the interactive virtual environment using the preferred communication channel.
However, Ricci teaches: further comprising: retrieving a preferred communication channel for the person, which enables the person to interact with the occupant within the vehicle's interactive virtual environment; and configuring the interactive virtual environment using the preferred communication channel. (Ricci – [0343] The profile data 252 can be any type of data associated with at least one user 216 including communication preferences; [0473] Further, the profile identification module 848 may be configured to control components of the system 800 based on user profile information. The preference is retrieved and used; after identifying the relevant user profile, and may control system components using the profile information; [0680] an external friend/family member through instant message, email, voicemail, missed phone calls, current activity/location etc.)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to modify the virtual environment of HERMINA to retrieve and use a preferred communication channel, as taught by RICCI, in order personalize communication between the vehicle occupant and the remote person based on user communication preferences and thereby facilitate interaction using an appropriate communication preference.
Regarding dependent claim 18, depends on claim 16, HERMINA does not explicitly teach: detecting entry of the occupant into the vehicle, and the occupant data includes an indication of the presence of occupant in a cabin of the vehicle
However, Ricci teaches: wherein the at least one processing device is further programmed to receive the sensor data that includes information corresponding to detecting entry of the occupant into the vehicle, and wherein the occupant data includes an indication of a presence of occupant in a cabin of the vehicle. (Ricci − [0043] receiving, by the device discovery daemon, information from an on board vehicle sensor that a new occupant has entered the vehicle; [0575] A person may enter the vehicle space 108. One or more sensors 242 may then identify that a person is sitting within the vehicle 104, in step 1308. For example, sensors 242 in a seat, may determine that some new amount of weight has been registered.)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of HERMINA and Ricci as each of the inventions are related to detecting and obtaining information associated with occupants of a vehicle. Adding the teaching of Ricci provides HERMINA with detecting entry of an occupant into the vehicle and determining the presence of the occupant within the vehicle cabin. Therefore, providing the benefit of determining when an occupant is present within the vehicle for providing occupant related vehicle functionality.
Claim(s) 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over HERMINA MARTINEZ (US PGPUB: US 20190355178 A1, hereinafter “HERMINA”) in view of Lu (PGPUB: US 20230286524 A1).
Regarding dependent claim 12, depends on claim 1, HERMINA does not explicitly teach: further comprising: acquiring additional sensor data from at least one vehicle sensor monitoring external traffic conditions surrounding the vehicle; processing the sensor data and the additional sensor data to determine an attention score quantifying the degree of attention required by the occupant in response to external traffic conditions; and configuring the interactive virtual environment to visually represent the attention score.
However, Lu teaches: further comprising: acquiring additional sensor data from at least one vehicle sensor monitoring external traffic conditions surrounding the vehicle; (Lu – [0076] sensor 426 gather data surrounding the vehicle and identify conditions including traffic conditions)
processing the sensor data and the additional sensor data to determine an attention score quantifying the degree of attention required by the occupant in response to external traffic conditions; (Lu − [0078] In some embodiments, display manager 430 can generate a focus score. The focus score can be a representation of the amount of attention the driver of the vehicle should use to drive. In general, the higher the level of automation, the lower the focus score. In some embodiments, the focus score can be based on a driving mode of the vehicle, environmental factors, driver experience, traffic, and the like. [0090] At operation 506, display manager 430 generates/calculates a focus score. In some embodiments, the focus score can represent an amount of attention the driver should put into driving. Said differently, the focus score can represent a minimum focus required to safely operate the vehicle. The minimum focus can be correlated with a maximum distraction factor. In some embodiments, the focus score can be represented as a number, a vector, and/or other similar representations. In some embodiments, the focus score is a number that is less than or equal to 1. [0092] For example, more traffic can require higher focus relative to low or no traffic. In some embodiments, the factors used in the focus score can be based on data in driver profile 432 and/or historical data 434.)
and configuring the interactive virtual environment to visually represent the attention score. (Lu − [0081] In some embodiments, display manager 430 can obscure or attempt to obscure the distraction. Display manager alters/obscures displayed AR content based on the focus score.)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to modify the virtual environment of HERMINA to process occupant sensor data and additional sensor data of traffic condition to determine an attention score, as taught by Lu, in order to reduce driver distraction by adapting visually displayed content according to the amount of attention required to safely operate the vehicle under current traffic conditions.
Regarding dependent claim 20, depends on claim 16, HERMINA does not explicitly teach: wherein: the at least one vehicle sensor acquires additional sensor data in response to monitoring external traffic conditions surrounding the vehicle; and the at least one processing device is further programmed to: process the sensor data and the additional sensor data to determine an attention score quantifying a degree of attention required by an occupant in response to the external traffic conditions; and configure the interactive virtual environment to visually represent the attention score.
However, Lu teaches: wherein: the at least one vehicle sensor acquires additional sensor data in response to monitoring external traffic conditions surrounding the vehicle; (Lu – [0076] sensor 426 gather data surrounding the vehicle and identify conditions including traffic conditions)
and the at least one processing device is further programmed to: process the sensor data and the additional sensor data to determine an attention score quantifying a degree of attention required by an occupant in response to the external traffic conditions; (Lu − [0078] In some embodiments, display manager 430 can generate a focus score. The focus score can be a representation of the amount of attention the driver of the vehicle should use to drive. In general, the higher the level of automation, the lower the focus score. In some embodiments, the focus score can be based on a driving mode of the vehicle, environmental factors, driver experience, traffic, and the like. [0090] At operation 506, display manager 430 generates/calculates a focus score. In some embodiments, the focus score can represent an amount of attention the driver should put into driving. Said differently, the focus score can represent a minimum focus required to safely operate the vehicle. The minimum focus can be correlated with a maximum distraction factor. In some embodiments, the focus score can be represented as a number, a vector, and/or other similar representations. In some embodiments, the focus score is a number that is less than or equal to 1. [0092] For example, more traffic can require higher focus relative to low or no traffic. In some embodiments, the factors used in the focus score can be based on data in driver profile 432 and/or historical data 434.)
and configure the interactive virtual environment to visually represent the attention score. (Lu − [0081] In some embodiments, display manager 430 can obscure or attempt to obscure the distraction. Display manager alters/obscures displayed AR content based on the focus score.)
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to modify the virtual environment of HERMINA to process occupant sensor data and additional sensor data of traffic condition to determine an attention score, as taught by Lu, in order to reduce driver distraction by adapting visually displayed content according to the amount of attention required to safely operate the vehicle under current traffic conditions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Prakah-Asante US 20170043781 A1 discloses evaluating a driver’s attention based on driver head pose and interaction with vehicle information system.
Thompson US 20170293809 A1 discloses a driver assistance system utilizing vehicle sensors, cameras, audio data and network communication to provide vehicle and driver information to a remote user.
Valli US 20190132554 A1 discloses a three-dimensional telepresence system for generating and presenting representation of participants within a virtual environment.
Stefan US 20200148225 A1 discloses determining an attention requirement level of a vehicle driver based on a plurality of attention-related parameters.
Gaidon US 20260169551 A1 discloses a multimodal input abstraction framework that process perception, sensor, and virtual world data to predict user interaction within a virtual environment.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARL E BARNES JR whose telephone number is (571)270-3395. The examiner can normally be reached Monday-Friday 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Stephen Hong can be reached at (571) 272-4124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CARL E BARNES JR/Examiner, Art Unit 2178
/STEPHEN S HONG/Supervisory Patent Examiner, Art Unit 2178
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