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 .
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) 1-6, 9-15, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Freiburger (US 2011/0220469 A1), and further in view of Zhu (US 2010/0127627 A1).
Consider claim 9, Freiburger teaches, a system Freiburger teaches, “vehicle user controls, and more particularly relates to switch assemblies that provide outputs configurable by user defined functions (e.g., lights, sirens, radio, etc.).” See ¶ 0002, comprising:
a processor, Freiburger teaches, “the translation module 24 includes control circuitry, shown as a controller 30 having a microprocessor 32 and memory 34… Stored within memory 34 and executable by microprocessor 32 is a switch command processing routine 100 and one or more user defined vehicle functions 200.” See ¶ 0030 configured to:
reassign control of an upfitter switch from a first system to a second system, responsive to occurrence of a vehicle-detectable trigger event, Freiburger teaches, “[w]ith the mode control switch 90 actuated in the first position A patrol mode, mode A operates the CAN bus switch mapping in a first mode in which the switches and switch positions operate a first set of allocated functions which may include those mode A functions shown in block 92. While operating in mode A, switch 1 position 1 (S1, P1) controls the radar, switch 1 position 2 (S1, P2) controls the digital video camera, switch 2 position 1 (S2, P1) controls the police radio, and switch 2 position 2 (S2, P2) controls the public announcement speaker. In contrast, when the mode control switch 90 is actuated in position B, mode B labeled lights and siren, provides functions in the CAN bus switch mapping 2 mode shown in block 94. While operation in mode B, switch 1 position 1 (S1, P1) controls the code 3 lights which include all lights on, switch 1 position 2 (S1, P2) controls the code 2 lights which include all rear lights, switch 2 position 1 (S2, P1) controls the code 1 lights which include the front lights, and the switch 2 position 2 (S2, P2) controls the takedown lights which typically include the center lights on the light bar of an emergency vehicle” See ¶ 0040;
With respect to, determine that a current upfitter switch setting between at least two states is set to a control state [[different from an actual state]] of the second system, following the reassigning, Freiburger teaches, “the mode control switch 90 allows a user to select two different modes of the switch assembly such that additional functionality may be achieved with the switches by designating a desired mode of operation. It should further be appreciated that the mode control switch 90 may include more than two positions, such that additional functions may be controlled with the switch assembly.” See ¶ 0040,
With respect to, determine that a switch setting between at least two states is set to a control state different from an actual state of the second system, in an analogous art, Zhu teaches, “[a]pparatus and methods are provided for guarding against unintended exposure to light from a light-emitting device used to direct light to a subject for detection by a light detector. A sensor signal indicative of light detected by the light detector is sampled.” See abstract. Zhu teaches, “Power switch 44 may incorporate a lever, a push button, a toggle, a rocker switch or any suitable mechanism which switches power on and off, and engages with guard 42 to prevent unintended exposure of light emerging from ports 23.” See ¶ 0038. Zhu teaches, “mechanical interlock that prevents operation of a switch that must be switched on to supply power to at least the part of the apparatus that powers light emitters 20; An electronic circuit 70 that monitors at least electrical current being supplied to light emitters 20 and shuts off the current supplied to light emitters 20 if the electronic circuit detects that one or more of light emitters 20 is operating in a continuous wave mode (or in a mode that does not match a pattern being monitored for by the circuit);” See ¶ 0068-0071; and
With respect to, prevent control of the second system via the upfitter switch until the actual state of the second system matches the control state, Zhu teaches, “light-emitting apparatus has multiple redundant systems for preventing damaging exposure to light including two or more of, and preferably all three of: A mechanical interlock that prevents operation of a switch that must be switched on to supply power to at least the part of the apparatus that powers light emitters 20; An electronic circuit 70 that monitors at least electrical current being supplied to light emitters 20 and shuts off the current supplied to light emitters 20 if the electronic circuit detects that one or more of light emitters 20 is operating in a continuous wave mode (or in a mode that does not match a pattern being monitored for by the circuit); and, A data processor that monitors one or more inputs and inhibits the operation of light emitters 20 by way of an interface 54 if any of the conditions fails to be satisfied.” See ¶ 0068-0071.
It would have been obvious to one of ordinary skilled in the art at the time of invention (effective filing date for AIA application) to modify the invention of Freiburger and use an “apparatus has multiple redundant systems for preventing damaging” the system that is “in a mode that does not match a pattern being monitored for by the circuit” as suggested by Zhu, See ¶ 0068-0071, in an effort to prevent the user from being in a “dangerous” See ¶ 0005, situation.
Consider claim 1, a method comprising:
reassigning control of an upfitter switch from a first system to a second system, responsive to occurrence of a vehicle-detectable trigger event;
determining that a current upfitter switch setting between at least two states is set to a control state different from an actual state of the second system, following the reassigning; and
preventing control of the second system via the upfitter switch until the actual state of the second system matches the control state, See rejection of claim 9.
Consider claim 2, the method of claim 1, wherein the control state is set to any other state other than an off state and the actual state is off, and wherein the preventing ceases at least responsive to toggle of the upfitter switch control state to off, Freiburger teaches, “mode control switch 90 has a first position A, which in one example is designated as a patrol mode, and a second position B, which in this example is designated as lights and siren. With the mode control switch 90 actuated in the first position A patrol mode, mode A operates the CAN bus switch mapping in a first mode in which the switches and switch positions operate a first set of allocated functions which may include those mode A functions shown in block 92.” See ¶ 0040.
Consider claim 3, the method of claim 1, further comprising issuing an in-vehicle alert responsive to determining that the control state and actual state do not match, Zhu teaches, “In the event of a YES decision at block 84 (indicating that a pulse was not detected but ought to have been detected) method 80 proceeds to block 85 which inhibits operation of light emitters 20 and block 86 which generates a message (such as a display, warning light, sound, etc.) indicating to users what has occurred.” See ¶ 0075, 0077, 0086, 0088.
Consider claim 4, the method of claim 1, wherein the method further includes presenting a plurality of second systems for selection and wherein the second system is a system indicated by selection of one of the plurality of second systems, Freiburger teaches, “the mode control switch 90 is a separate switch located on the vehicle 10, such as on the dash or on the steering wheel or at another location that is within reach of the user, to control a plurality of modes of the switch assembly… when the mode control switch 90 is actuated in position B, mode B labeled lights and siren, provides functions in the CAN bus switch mapping 2 mode shown in block 94. While operation in mode B, switch 1 position 1 (S1, P1) controls the code 3 lights which include all lights on, switch 1 position 2 (S1, P2) controls the code 2 lights which include all rear lights, switch 2 position 1 (S2, P1) controls the code 1 lights which include the front lights, and the switch 2 position 2 (S2, P2) controls the takedown lights which typically include the center lights on the light bar of an emergency vehicle.” See ¶ 0040.
Consider claim 5, the method of claim 4, wherein the presenting includes presenting via an in-vehicle display. Examiner takes Official notice that it is well known in the prior art to present the warning for the driver at an in-vehicle display.
Consider claim 6, the method of claim 4, wherein the presenting includes presenting via a mobile device display. Examiner takes Official notice that it is well known in the prior art to present the warning for the driver via a mobile device display.
Consider claim 10, the system of claim 9, wherein the control state is set to any other state other than an off state and the actual state is off, and wherein the processor is configured to cease the prevention at least responsive to toggle of the upfitter switch control state to off, See rejection of claim 2.
Consider claim 11, the system of claim 9, wherein the processor is further configured to issue an in-vehicle alert responsive to determining that the control state and actual state do not match, See rejection of claim 3.
Consider claim 12, the system of claim 9, wherein the processor is further configured to present a plurality of second systems for selection and wherein the second system is a system indicated by selection of one of the plurality of second systems, See rejection of claim 4.
Consider claim 13, the system of claim 12, wherein the presentation includes presentation via an in-vehicle display, See rejection of claim 5.
Consider claim 14, the system of claim 9, wherein the processor is further configured to instruct presentation of a plurality of second systems for selection and wherein the second system is a system indicated by selection of one of the plurality of second systems, See rejection of claim 4. Examiner takes Official notice it is well known in the prior art for the vehicle to instruct presentation of systems for selection.
Consider claim 15, the system of claim 14, wherein the presentation occurs via a mobile device, See rejection of claim 6.
Consider claim 18, a non-transitory storage medium storing instructions that, when executed by a processor, (Freiburger teaches, “the translation module 24 includes control circuitry, shown as a controller 30 having a microprocessor 32 and memory 34. The controller 30 may otherwise be configured to include other analog and/or digital circuitry for processing and storing various routines and data. Memory 34 may include random access memory (RAM), read-only memory (ROM), electronically erasable programmable read-only memory (EEPROM), or other known electronic storage medium. Stored within memory 34 and executable by microprocessor 32 is a switch command processing routine 100 and one or more user defined vehicle functions 200.” See ¶ 0030 ) cause the processor to perform a method comprising: reassigning control of an upfitter switch from a first system to a second system, responsive to occurrence of a vehicle-detectable trigger event; determining that a current upfitter switch setting between at least two states is set to a control state different from an actual state of the second system, following the reassigning; and preventing control of the second system via the upfitter switch until the actual state of the second system matches the control state, See rejection of claim 1.
Consider claim 19, the storage medium of claim 18, wherein the control state is set to any other state other than an off state and the actual state is off, and wherein the preventing ceases at least responsive to toggle of the upfitter switch control state to off, See rejection of claim 2.
Consider claim 20, the storage medium of claim 18, the method further comprising issuing an in-vehicle alert responsive to determining that the control state and actual state do not match, See rejection of claim 3.
Claim(s) 7-8, and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Freiburger (US 2011/0220469 A1), in view of Zhu (US 2010/0127627 A1), and further in view Seki (US 2018/0057006 A1).
Consider claim 7, the method of claim 1, wherein the trigger event includes an environmental condition, (i.e. incident data captured by the external sensors of the vehicle) detected by a vehicle, In an analogous art, Seki teaches, “controller is configured to propel the vehicle autonomously to a pickup location to pick up a passenger, and to turn on the main switch if the passenger is detected within a predetermined area at the pickup location.” See ¶ 0006, Seki teaches, “main controller 38 carries out calculations based on the incident data or information from the internal sensor 42 and the external sensor 55 as well as the preinstalled data,” See ¶ 0043, “The vehicle Ve may be operated autonomously without a driver to pick up a passenger at a desired pickup location by entering a desired pickup time and location into the main controller 38. To this end, the main controller 38 automatically turns on the main switch 41 at a time calculated based on the desired pickup time and location.” See ¶ 0054.
It would have been obvious to one of ordinary skilled in the art at the time of invention (effective filing date for AIA application) to modify the combination of Freiburger-Zhu and trigger a switch state in response to the predefined environment and location of vehicle as suggested by Seki ¶ 0043 and 0054, in an effort to “vehicle to promptly launch” the switch in response to the trigger conditions.
Consider claim 8, the method of claim 1, wherein the trigger event includes a vehicle location corresponding to at least one predefined location with which the second system is preassocaited, Seki teaches, “The vehicle Ve may be operated autonomously without a driver to pick up a passenger at a desired pickup location by entering a desired pickup time and location into the main controller 38. To this end, the main controller 38 automatically turns on the main switch 41 at a time calculated based on the desired pickup time and location.” See ¶ 0054.
Consider claim 16, the system of claim 9, wherein the trigger event includes an environmental condition detected by a vehicle, See rejection of claim 7.
Consider claim 17, the system of claim 9, wherein the trigger event includes a vehicle location corresponding to at least one predefined location with which the second system is preassocaited, See rejection of claim 8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Omer S. Khan whose telephone number is (571)270-5146. The examiner can normally be reached 10:00 am to 8:00 pm EST.
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/Omer S Khan/ Primary Examiner, Art Unit 2686