Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This Office Action is an answer to pending claims filed on 4/27/2026. Claims 1-2, 4-21 are pending in this application; wherein claims 1, 8, 11, 13-15, 19-20 are amended; and claim 21 is new.
Response
3. The examiner withdraws 35 USC. 112 (a) & (b), and 35 USC. 103 rejections; therefore, applicant’s arguments are moot – new grounds of rejections are presented below.
Since insignificant limitations: operating a vehicle with different manners; the previous rationales and references for rejections of pending claims are still applicable.
A. Note: “a cue” can be reasonably interpreted as a signal sending from a remote server; therefore, a first cue and a different cue are merely “received signals” (see also US 11188070 B2 or US 10970747 B2), the cues/signals are insignificant for controlling a vehicle, there is no inventive concept for this limitation.
B. The examiner broadly interprets claimed “mode” is merely a common mode (not a specific mode as shown in applicant’s FIG. 3). Since claim 1 lines 3-4 recites “the vehicle is controllable in one or more of a number of operating modes”, this is interpreted as ” the vehicle is controllable in one common operating mode” and added limitation of “wherein the operating modes each define a unique set of actions that the vehicle may performed” is read as “wherein the operating mode defines a unique set of actions that the vehicle may performed” (applicant’s specification defines a unique set” with “ commands indicated by a cue” (see applicant’s specification para. [0061])- this is a very broad definition for an electronic command/signal) e.g., an autonomous mode to control a steering wheel according to a planned route, an autonomous mode controlling a brake according to a stop sign, or an autonomous mode to control a gas pedal on a highway,. etc. – see applicant’s specification para. [0061] “Various obedience or operating modes may be activated and implement by method 300, including both those listed in blocks 304, 306, 308, 310, 312, 314, and those operating modes listed in FIG. 2 (e.g., blocks 203, 223, and 229). The activation of any of these modes (e.g., a “yes” decision at the foregoing blocks) and operations (e.g. a command indicated by a different cue) performable within these modes may be controlled by set of unique data for each of these modes.”). It is submitted that cited art suggests these “sending” capabilities in an autonomous vehicle wherein claimed “different modes” are well-understood.
C. Per added dependent claim 21: Beauvais already suggests claimed “an operating modes operates a vehicle system in a manner different than another one of the operating modes” (e.g., operating a key fob for sounding an alarm or for remotely igniting a vehicle engine, for instance, ee Beauvais, claim 2). (see also US 11188070 B2 or US 10970747 B2)
Claim Rejections 35 USC. 103
The following is a quotation of 35 USC. 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 in the art to which the claimed invention pertains. Patentability shall not be negated by the manner m which the invention was made.
4. Claims 1-4, 7, 9, 12, 13, 19, and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over BEAUVAIS (US Pub. 20170197636 A1) in view of WILSON (US Pub. 20100185341 A1), in view of Losh’708 (US Pub 20180364708 A).
A. Regarding claims 1, and 19-20: BEAUVAIS suggests a method, a controller, and a medium to control an autonomously operable vehicle, comprising: (see BEAUVAIS, para. [0003],” However, for other vehicle control systems such as self- parking or unparking, a user may wish to activate these features without entering the vehicle. Furthermore, a user may find that certain features are more convenient to operate from outside of the vehicle. Accordingly, there is still a need in the art for a system and method to control certain vehicle features from outside of a vehicle by an authorized user”, (see BEAUVAIS, para.[0027]), “The vehicle control system obtains gesture commands through a vehicle camera system. More specifically, the vehicle control system obtains image information, such as digital still images, streaming video, and/or digital video, via one or more suitable cameras (or other imaging devices, such as an autonomous vehicle's LIDAR or RADAR system or other forms of topology processing systems) on, integrated into, or otherwise associated with the vehicle. At least one of the cameras is oriented so as to obtain image information from a user in the vicinity of the vehicle. In certain embodiments (and as described in detail below), the one or more cameras are in communication with and configured to transmit the obtained image information to the processor of the vehicle control system to enable the processor to analyze the image information. In other embodiments (and as described in detail below), the one or more cameras are in communication with and configured to transmit the obtained image information to a memory device, which subsequently stores the image information. The processor may review the image information by accessing the memory device.")
-receiving, by the vehicle, a signal indicating that the vehicle is controllable (see BEAUVAIS, para. [0005]) “Various embodiments of the present disclosure provide a system and method for activating a vehicle feature through gesture recognition and voice command by an authorized user. Generally, a vehicle control system of the present disclosure obtains gesture commands and voice commands from an authorized user and communicates with a body control module to complete the vehicle feature. More specifically, in certain embodiments, a processor of the vehicle control system is configured to initiate a feature activation mode of a vehicle control system, authenticate an authorized user, receive a gesture command and a voice command, determine a vehicle feature associated with the received gesture command and voice command, and activate the determined feature in response to the recognized gesture command and voice command (see BEAUVAIS, para. [0032]). “It should be appreciated that to capture the gesture command, in certain embodiments, the vehicle camera system includes a camera on the inside of the vehicle. In one such embodiment, a display system inside the vehicle displays the user's gesture so that the user may verify that the camera is accurately capturing the gesture command. In other embodiments, the vehicle camera system includes a camera located on the outside of the vehicle. In one such embodiment, a user may use a mobile device, which is in communication with the vehicle control system, to display the captured gesture command. In other embodiments, the vehicle includes various factory suggested gestures from which the user may select which gesture is associated to which feature and verify it.")
receiving, by the vehicle, a cue to operate the vehicle (e.g., a vehicle receiving different commands, see BEAUVAIS, para. [0013]). Various embodiments of the present disclosure provide a system and method for activating a vehicle feature through gesture recognition and voice command by an authorized user. Generally, a vehicle control system of the present disclosure obtains gesture commands and voice commands from an authorized user and communicates with a body control module to complete the vehicle feature. More specifically, in certain embodiments, a processor of the vehicle control system is configured to initiate a feature activation mode of a vehicle control system, authenticate an authorized user, receive a gesture command and a voice command, determine a vehicle feature associated with the received gesture command and voice command, and activate the determined feature in response to the recognized gesture command and voice command.")
receiving, by the vehicle, a first command; (see BEAUVAIS, para. [0013])
determining, by the vehicle, whether the first command is executable; (see BEAUVAIS, para. [0031]),”After the camera obtains the user's gesture command, the vehicle control system receives the recognized gesture information from the camera to a processor within the vehicle control system to determine the vehicle feature that corresponds to the recognized gesture, as indicated by step 108. The processor within the vehicle control system analyzes the gesture data to determine which vehicle feature the gesture is associated with. More specifically, in certain embodiments, the processor determines the associated vehicle feature by searching a memory within the vehicle control system where user gesture commands and the associated vehicle features are stored. It should be appreciated that in certain embodiments, the gesture commands and associated vehicle features are preconfigured by the factory. In other embodiments, the vehicle control system enables a user to customize certain gesture commands for certain vehicle features(see BEAUVAIS, para. [0042]),”In some cases, the software in the memory 204 includes one or more applications 210 that are associated with the feature activation system of the present disclosure. As an example, the memory 204 of the vehicle control system 400 (described in greater detail below) can be utilized to implement one or more databases, such as, for example, a vehicle database 214 configured to store information associated with the vehicle, including for example, gesture command and voice command information associated with certain vehicle features, diagnostic information received from the TCU 408, GPS information received from a GPS satellite and associated with the vehicle, and the like.")
performing, by the vehicle, the first command after the vehicle determines that the first command is executable. (see BEAUVAIS, para. [0051]), "In the illustrated embodiment, the VCS 400 includes a body control module (BCM) 404 for controlling and monitoring various electronic accessories in a body of the vehicle. In embodiments, the BCM 404 is an ECU that controls the doors of the vehicle, including locking, unlocking, opening, and/or closing said doors. In some embodiments, the BCM 404 also controls the power windows, power roof (e.g., moonroof, sunroof, convertible top, etc.), and interior lighting of the vehicle. The BCM may also be used for vehicle features such as self-park and un-park features. The BCM 404 may also control other electronically-powered components in the body of the vehicle, such as, for example, air-conditioning units, power mirrors, and power seats. The BCM 404 can be configured to implement the user's vehicle commands received through gesture commands and voice commands from the user that are related to the doors, windows, or other body components controlled by the BCM 404. (see BEAUVAIS, para. [0052]) "As shown in FIG. 3, the VCS 400 can further include a power train control module (PCM) 406 for controlling and monitoring the engine and transmission of the vehicle. In some embodiments, the PCM 406 can be separated into two separate ECUs, specifically an engine control unit and a transmission control unit. In either case the PCM 406 can be configured to control starting and stopping of the engine of the vehicle, including receiving commands to start the engine from gesture commands and voice commands from the user.")
BEAUVAIS does not disclose, but WILSON teaches: in one operating mode; (see WILSON, para.[0006]"A device is provided for activation of an operational mode. The device includes one or more detectors and a controller. The one or more detectors visually monitor one or more predetermined spatial locations, each of the one or more detectors corresponding to one of the one or more predetermined spatial locations. The controller is coupled to the one or more detectors and activates a predetermined operational mode in response to a current operational mode and a predetermined gesture detected within one of the one or more predetermined spatial locations."; see Wilson para.[ 0027],"Instead of the large item 104 triggering the vehicle operational mode to open the lift gate 110, the vehicle 100 may activate the vehicle operational mode in response to hands of the person 102 being placed at a predetermined position within the spatial location 108. Alternately, the vehicle 100 may activate the vehicle operational mode in response to recognition of a vehicle authenticated device, such as an authenticated key fob or cellular phone being sited at a predetermined position within the spatial location 108." see Wilson para.[0031] "The controller 220 is also coupled to operational mode actuators 230, 240, 260 for activating vehicle operational modes. The controller 220 generates activation signals in response a current operational mode of the controller 220 and a predetermined gesture determined from the information provided by the detectors 212, 214, 216, 218 to the controller 220. The controller 220 then provides the activation signals to selected ones of the operational mode actuators 230, 240, 260. The operational mode actuators 230, 240, 260 are selected by the controller 220 in response to the current operational mode of the controller 220, the predetermined gesture, and a predetermined spatial location in which one of the detectors 212, 214, 216, 218 identifies the predetermined gesture. For example, if the predetermined gesture is identified by the interior detector 212, the controller 220 provides an activation signal to one of vehicle interior actuators 230.") in one or more of the number of operating modes; (see WILSON, para. [0006]; [0027]; [0031]).
Applicant adds a limitation of “wherein the operating modes each define a unique set of actions that the vehicle may perform” (e.g., two discreet modes: an autonomous mode, or a manual mode are differently selected/applied); this insignificant mode/limitation is further suggested by Losh’708 para. [0002], [0006], [0022], [0045], and claim 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, the gesture determination for automated vehicle behavior of BEAUVAIS to implement with Wilson, and Losh’708 with different operational modes depending on the user location relative to the vehicle within WILSON to provide an effective localized gesture control for the vehicle operator that allows for different actions/gestures to actuate particular systems of the car rather than all systems in WILSON (para.[0027] and [0031]).
Regarding claim 2: BEAUVAIS in view of WILSON discloses the limitations within claim 1, BEAUVAIS further discloses:the cue and/or executable command is generated by a source other than the vehicle. (see BEAUVAIS, para. [0037],"It should be appreciated that such a configuration enables a user to activate and control certain vehicle features from outside of the vehicle. In certain situations, certain features are more convenient to activate from outside of the vehicle. For example, in one embodiment, a user approaches the user's vehicle in a parking lot where the vehicle is parked in a tight parking spot. The user may use the key fob to wake up the vehicle and authenticate that the user is an approved user. Then the user performs the requisite gesture to activate the feature. In this example embodiment, the gesture may be a series of hand gestures to the side view camera. Upon activation of the "unpark" feature, the user may use voice commands to guide the vehicle from outside. For example, the user may indicate through voice commands, which direction the user wishes the vehicle faces after pulling out of the tight parking spot. The vehicle may then be unparked without the user entering the vehicle.")
C. Regarding claim 4: A combination of BEAUVAIS , WILSON , and Losh’708 suggests the limitations within claim 1 and BEAUVAIS further discloses:
verifying, by the vehicle, the authentication of the source of either the cue and/or first command, prior to performing the command. (see at least BEAUVAIS, para.[0024], "After the vehicle control system receives an input from the user to imitate feature activation mode, the vehicle control system authenticates the user as indicated by block 104. More specifically, in certain embodiment where the feature activation mode is imitated by a key fob, the if the antenna detects the signal from the key fob, the antenna authenticates the key fob by verifying that the detected key fob is associated with the vehicle. In other embodiment where the vehicle control system is in feature activation mode continuously or after the user enables the feature activation mode from inside the vehicle, the vehicle control system authenticates a user prior to searching for the gesture command.").
D.Regarding claim 7:BEAUVAIS in view of WILSON and Losh’708 suggests the limitations within claim 1 and BEAUVAIS further discloses:
the first command is indicated by the cue received by the vehicle. (see at least BEAUVAIS, para.[0037], "It should be appreciated that such a configuration enables a user to activate and control certain vehicle features from outside of the vehicle. In certain situations, certain features are more convenient to activate from outside of the vehicle. For example, in one embodiment, a user approaches the user's vehicle in a parking lot where the vehicle is parked in a tight parking spot. The user may use the key fob to wake up the vehicle and authenticate that the user is an approved user. Then the user performs the requisite gesture to activate the feature. In this example embodiment, the gesture may be a series of hand gestures to the side view camera. Upon activation of the "un-park" feature, the user may use voice commands to guide the vehicle from outside. For example, the user may indicate through voice commands, which direction the user wishes the vehicle faces after pulling out of the tight parking spot. The vehicle may then be unparked without the user entering the vehicle.").
E. Regarding claim 9: BEAUVAIS in view of WILSON and Losh’708 suggests the limitations within claim 1 and BEAUVAIS also discloses:
- providing an indication, by the vehicle, of the reception of the cue and/or determination that the first command is executable. (see at least BEAUVAIS, para. [0035],"In this example embodiment, after determining the vehicle feature that the recognized gesture command is associated with, the process 100 includes awaiting further voice commands to complete the activated vehicle feature, as indicated by block 110. The voice command in combination with the gesture command notify the vehicle control system of the feature to activate and the manner in which to perform the feature. More specifically, in the example embodiment described above, after receiving the thumbs up gesture command, and determining that the thumbs up is associated with the self- park feature, the vehicle control system awaits voice commands to guide the vehicle with information about where to self park. In this example, the user may say voice commands such as "right" to indicate to the vehicle control system to have the vehicle self- park in the right side of a garage."; (see Beauvais para. [0036]), "After analyzing the gesture command and the voice command, the vehicle control system relays the user's command to a vehicle body control module to activate the vehicle feature associated with the user's command, as indicated by step 112. The vehicle body control module controls the vehicle feature. More specifically, when the user provides a gesture command and a voice command, the vehicle body control module to performs the feature activated by the gesture command. Such a configuration enables a user to control certain vehicle features through gesture commands and voice commands.")
F.Regarding claim 12:BEAUVAIS in view of WILSON and Losh’708 discloses the limitations within claim 1 and BEAUVAIS further discloses:
entering a conservation mode when the vehicle is not in receipt of an executable command. (see at least BEAUVAIS, para.[0028],"In certain embodiments, the camera system awaits the command for a designated period of time. If the designated period of time has elapsed, and the camera system does not receive a gesture command, the vehicle control system would time out (i.e., terminate the feature activation mode). More specifically, in certain embodiments, the camera system must receive a predetermined minimum amount of movement to keep from timing out. For example, if the vehicle user turns on the feature activation mode, and exits the vehicle, the user may then activate the feature (i.e., self-park) if the camera system receives some minimal movement within a predetermined period of time. In this embodiment, if the camera system receives the movement within the predetermined period of time, the vehicle control system remains in feature activation mode. If the camera does not receive an indication of a movement within the predetermined period of time, the vehicle control system will time out. Such a configuration enables a user to initiate the feature activation mode, exit the vehicle to move something out of the path of the vehicle, and perform a gesture to activate the self park feature without the vehicle control system timing out.").
Regarding claim 13: BEAUVAIS in view of WILSON and Losh’708 suggests the limit-ations within claim 1 and BEAUVAIS further discloses:
determining, by the vehicle, whether the first command is executable comprises (see BEAUVAIS, para.[0035], "In this example embodiment, after determining the vehicle feature that the recognized gesture command is associated with, the process 100 includes awaiting further voice commands to complete the activated vehicle feature, as indicated by block 110. The voice command in combination with the gesture command notify the vehicle control system of the feature to activate and the manner in which to perform the feature. More specifically, in the example embodiment described above, after receiving the thumbs up gesture command, and determining that the thumbs up is associated with the self-park feature, the vehicle control system awaits voice commands to guide the vehicle with information about where to self park. In this example, the user may say voice commands such as "right" to indicate to the vehicle control system to have the vehicle self- park in the right side of a garage.", see Beauvais para.[0036], "After analyzing the gesture command and the voice command, the vehicle control system relays the user's command to a the vehicle body control module to activate the vehicle feature associated with the user's command, as indicated by step 112. The vehicle body control module controls the vehicle feature. More specifically, when the user provides a gesture command and a voice command, the vehicle body control module to performs the feature activated by the gesture command. Such a configuration enables a user to control certain vehicle features through gesture commands and voice commands.")
determining a successful authentication of the source of the first command (see BEAUVAIS, para.[0013] "Various embodiments of the present disclosure provide a system and method for activating a vehicle feature through gesture recognition and voice command by an authorized user. Generally, a vehicle control system of the present disclosure obtains gesture commands and voice commands from an authorized user and communicates with a body control module to complete the vehicle feature. More specifically, in certain embodiments, a processor of the vehicle control system is configured to initiate a feature activation mode of a vehicle control system, authenticate an authorized user, receive a gesture command and a voice command, determine a vehicle feature associated with the received gesture command and voice command, and activate the determined feature in response to the recognized gesture command and voice command. (see BEAUVAIS, para.[0035]-[0036]).
and that the signal is a valid command (see BEAUVAIS, para. [0031]): “after the camera obtains the user's gesture command, the vehicle control system receives the recognized gesture information from the camera to a processor within the vehicle control system to determine the vehicle feature that corresponds to the recognized gesture, as indicated by step 108. The processor within the vehicle control system analyzes the gesture data to determine which vehicle feature the gesture is associated with. More specifically, in certain embodiments, the processor determines the associated vehicle feature by searching a memory within the vehicle control system where user gesture commands and the associated vehicle features are stored. It should be appreciated that in certain embodiments, the gesture commands and associated vehicle features are preconfigured by the factory. In other embodiments, the vehicle control system enables a user to customize certain gesture commands for certain vehicle features.”)
H. Per dependent claim 21: Beauvais already suggests claimed “an operating modes operates a vehicle system in a manner different than another one of the operating modes”(e.g., operating a key fob for sounding an alarm or for remotely igniting a vehicle engine, for instance, see Beauvais, claim 2).
5.Claims 5, 6, 10,11, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over BEAUVAIS in view of WILSON in view of Losh’708, further view of GAMMELGARD (US Pat11370391 B1).
A.Regarding claim 5: BEAUVAIS in view of WILSON, and Losh’708 discloses the limitations within claim 4 and BEAUVAIS further discloses:
if the vehicle is unable to verify the authentication of the source of either the cue and/or first command, (see at least BEAUVAIS para.[0024],"After the vehicle control system receives an input from the user to imitate feature activation mode, the vehicle control systemauthenticates the user as indicated by block 104. More specifically, in certain embodiment where the feature activation mode is imitated by a key fob, the if the antenna detects the signal from the key fob, the antenna authenticates the key fob by verifying that the detected key fob is associated with the vehicle. In other embodiment where the vehicle control system is in feature activation mode continuously or after the user enables the feature activation mode from inside the vehicle, the vehicle control system authenticates a user prior to searching for the gesture command."; (see at least BEAUVAIS para.[0037],"It should be appreciated that such a configuration enables a user to activate and control certain vehicle features from outside of the vehicle. In certain situations, certain features are more convenient to activate from outside of the vehicle. For example, in one embodiment, a user approaches the user's vehicle in a parking lot where the vehicle is parked in a tight parking spot. The user may use the key fob to wake up the vehicle and authenticate that the user is an approved user. Then the user performs the requisite gesture to activate the feature. In this example embodiment, the gesture may be a series of hand gestures to the side view camera. Upon activation of the "unpark" feature, the user may use voice commands to guide the vehicle from outside. For example, the user may indicate through voice commands, which direction the user wishes the vehicle faces after pulling out of the tight parking spot. The vehicle may then be unparked without the user entering the vehicle.").
BEAUVAIS does not disclose, but GAMMELGARD teaches:
transmitting, to an external authority, an indication of the failed verification (see GAMMELGARD, col 8 lines 26- 44, "In some embodiments, the client device includes an application for accessing vehicle profiles or telematics data. The method may further include providing, by the one or more processors, a prompt for entering identification information to the client device. The method may still further include receiving, by the one or more processors, the identification information. The method may yet further include verifying, by the one or more processors, the identity of a user of client device to ensure that the user is authorized to access the vehicle profile or telematics data. The method may include providing, by the one or more processors and after verifying the identity of the user of the client device, a prompt for a second predetermined authentication factor. The method may further include verifying, by the one or more processors, the second predetermined authentication factor. The method may still further include providing, by the one or more processors, access to the vehicle profile or telematics data in response to verifying the second predetermined authentication factor."; see GAMMELGARD, col 47 lines 12- 25, "In method 600A, the onboard vehicle computer 114 uploads a vehicle profile or telematics data to a database, including registration information (block 602A). The onboard vehicle computer 114 may then receive a request from a client device 110 within a threshold distance of the vehicle to access the vehicle profile or telematics device (block 604A). The onboard vehicle computer 114 may then authenticate a user of the client device to verify that the user is authorized to access the vehicle profile or telematics data for the autonomous or semi- autonomous vehicle 108 (block 606A). The onboard vehicle computer 114 may then provide access to the vehicle profile or telematics data to the client device 110 in response to authenticating the user (block 608A)."; Col 51 Lines 42-47, "In some embodiments, the vehicle onboard computer 114 transmits a notification in response to a failed verification. Depending on the implementation, the notification may be transmitted to the user mobile device 110 and/or to an additional device as designated by the owner of the autonomous or semi-autonomous vehicle 108.")
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, the authentication arrangement for activating gesture controls within a combination of BEAUVAIS, Wilson, and Losh’708 to implement a response for a failed user authentication which may include contacting outside authorities as within GAMMELGARD as to yield a more effective vehicle protection system that prevents unauthorized users from operating the vehicle.
B.Regarding claim 6: BEAUVAIS in view of WILSON and Losh’708 discloses the limitations within claim 4 and BEAUVAIS further discloses:
- if the vehicle is unable to verify the authentication of the source of either (see BEAUVAIS, para. [0024], "After the vehicle control system receives an input from the user to imitate feature activation mode, the vehicle control system authenticates the user as indicated by block 104. More specifically, in certain embodiment where the feature activation mode is imitated by a key fob, the if the antenna detects the signal from the key fob, the antenna authenticates the key fob by verifying that the detected key fob is associated with the vehicle. In other embodiment where the vehicle control system is in feature activation mode continuously or after the user enables the feature activation mode from inside the vehicle, the vehicle control system authenticates a user prior to searching for the gesture command"; see Beauvais para. [0037], “It should be appreciated that such a configuration enables a user to activate and control certain vehicle features from outside of the vehicle. In certain situations, certain features are more convenient to activate from outside of the vehicle. For example, in one embodiment, a user approaches the user's vehicle in a parking lot where the vehicle is parked in a tight parking spot. The user may use the key fob to wake up the vehicle and authenticate that the user is an approved user. Then the user performs the requisite gesture to activate the feature. In this example embodiment, the gesture may be a series of hand gestures to the side view camera. Upon activation of the "un-park" feature, the user may use voice commands to guide the vehicle from outside. For example, the user may indicate through voice commands, which direction the user wishes the vehicle faces after pulling out of the tight parking spot. The vehicle may then be unparked without the user entering the vehicle.") the cue and/or first command, (see at least BEAUVAIS, para.[0013], "Various embodiments of the present disclosure provide a system and method for activating a vehicle feature through gesture recognition and voice command by an authorized user. Generally, a vehicle control system of the present disclosure obtains gesture commands and voice commands from an authorized user and communicates with a body control module to complete the vehicle feature. More specifically, in certain embodiments, a processor of the vehicle control system is configured to initiate a feature activation mode of a vehicle control system, authenticate an authorized user, receive a gesture command and a voice command, determine a vehicle feature associated with the received gesture command and voice command, and activate the determined feature in response to the recognized gesture command and voice command" (see BEAUVAIS, para.[0037]
BEAUVAIS does not disclose, but GAMMELGARD teaches about:
- providing an indication at the vehicle, of the failed verification. (see GAMMELGARD, Col 51 lines 48- 68, "FIG. 6E depicts a diagram of an autonomous or semi- autonomous vehicle 108 with a communication component 122 located on the exterior of the autonomous or semi-autonomous vehicle 108. A user with mobile device 110 approaches the autonomous or semi-autonomous vehicle 108 and, upon coming within a threshold distance of the communication component 122, the client mobile device 110 begins communicating with the communication component 122. In some embodiments, communication may be via an NFC link, radio link, BLUETOOTH, Wi Fi, or other similar communication link."; (see GAMMELGARD Col 52 lines 1- 7, "If the vehicle onboard computer 114 fails to authenticate the user and/or mobile device 110, the mobile device 110 may display a notification that user authentication has failed 691. In some embodiments, the message may include an error message describing the reason behind the failure (e.g., insufficient permissions, no vehicle in range, incorrect identification information, etc.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, the authentication arrangement for activating gesture controls within a combination of BEAUVAIS, Wilson, and Losh’708 to implement a response for a failed user authentication which may include notifying the user of the failed authorization as within GAMMELGARD as to yield a more effective vehicle protection system that prevents unauthorized users from operating the vehicle.
C.Regarding claim 10: BEAUVAIS in view of WILSON discloses the limitations within claim 1 and BEAUVAIS does not disclose, but GAMMELGARD teaches:
- providing an indication, by the vehicle, that the first command is not executable. (see at least GAMMELGARD, Col 51 lines 48-68, "FIG. 6E depicts a diagram of an autonomous or semi-autonomous vehicle 108 with a communication component 122 located on the exterior of the autonomous or semi- autonomous vehicle 108. A user with mobile device 110 approaches the autonomous or semi- autonomous vehicle 108 and, upon coming within a threshold distance of the communication component 122, the client mobile device 110 begins communicating with the communication component 122. In some embodiments, communication may be via an NFC link, radio link, BLUETOOTH, Wi-Fi, or other similar communication link."; Col 52 lines 1-7, "If the vehicle onboard computer 114 fails to authenticate the user and/or mobile device 110, the mobile device 110 may display a notification that user authentication has failed 691. In some embodiments, the message may include an error message describing the reason behind the failure (e.g., insufficient permissions, no vehicle in range, incorrect identification information, etc
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, the authentication arrangement for activating gesture controls within a combination of BEAUVAIS, Wilson, and Losh’708 to implement a response for a failed user authentication which may include notifying the user of the failed authorization based on insufficient permissions as within GAMMELGARD as to yield a more effective vehicle protection system that prevents users from operating the vehicle in an unauthorized way.
D. Regarding claim 11: BEAUVAIS in view of WILSON and Losh’708 suggests the limitations within claim 1; and BEAUVAIS does not disclose, but GAMMELGARD teaches:
entering a protection mode in response to a second cue. (see GAMMELGARD, Col 73 line 66 - Col 74 line 6, "At block 1008, based upon the determination that the individual is not authorized to be in the vehicle 108, 182.1- 182.N, an alert may be transmitted, or a control of the vehicle 108, 182.1- 182.N may be adjusted. In some embodiments, the transmitting an alert or the adjusting control of the vehicle 108, 182.1- 182.N may comprise applying brakes of the vehicle 108, 182.1- 182.N, and/or opening a door of the vehicle 108, 182.1- 182.N."; Col 74 lines 7- 12, "In scenarios where it has been detected that theunauthorized individual is attempting to enter the vehicle 108, 182.1- 182.N, the adjusting control of the vehicle may include locking a door(s) of the vehicle 108, 182.1- 182.N, thereby preventing the unauthorized individual from entering the vehicle."; see GAMMELGARD Col 74 lines 43- 48, "In some embodiments, the transmitting an alert or the adjusting control of the vehicle 108, 182.1- 182.N may include activating anauditory alarm system (e.g., including speakers of the vehicle 108, 182.1- 182.N) of the vehicle 108, 182.1-182.N to inform passengers of the vehicle to exit the vehicle because of a dangerous situation.")
It would have been obvious to one of ordinary skill in the art before the effective filing
date of the claimed invention to modify, with a reasonable expectation of success, the authentication arrangement for activating gesture controls within a combination of BEAUVAIS, Wilson, and Losh’708 to implement a response for a failed user authentication which may include initiating an intrusion defense by blocking unauthorized access as within GAMMELGARD as to yield a more effective vehicle protection system that prevents unauthorized users from gaining access or control of a vehicle.
E.Regarding claim 14: BEAUVAIS in view of WILSON and Losh’708 discloses the limitations within claim 1 and BEAUVAIS further discloses:
determine whether the source of first command is authorized to issue the first command. (see at least BEAUVAIS, para.[0024], "After the vehicle control system receives an input from the user to imitate feature activation mode, the vehicle control system authenticates the user as indicated by block 104. More specifically, in certain embodiment where the feature activation mode is imitated by a key fob, the if the antenna detects the signal from the key fob, the antenna authenticates the key fob by verifying that the detected key fob is associated with the vehicle. In other embodiment where the vehicle control system is in feature activation mode continuously or after the user enables the feature activation mode from inside the vehicle, the vehicle control system authenticates a user prior to searching for the gesture command.").
BEAUVAIS does not disclose, but GAMMELGARD teaches:
referencing an access control list (see GAMMELGARD, Col 7 line 62 - Col 8 line 11, "In some embodiments, authenticating a user of the client device may include determining, by the one or more processors, at least one level of security to be applied to the vehicle profile or telematics data; categorizing, by the one or more processors, at least one subset of the vehicle profile or telematics data by the at least one level of security; designating, by the one or more processors, at least one class of individuals with authority to access the at least one level of security; receiving, by the one or more processors, a request from the user to access at least one subset of the vehicle profile or telematics data; determining, by the one or more processors, the user belongs to the at least one class of individuals with authority to access the at least one level of security for the at least one subset of the vehicle profile or telematics data; and/or providing, by the one or more processors, access to the at least one subset of the vehicle profile or telematics data." (see GAMMELGARD Col 51 lines 59- 67, "FIG. 6F depicts a diagram of two potential outcomes to the communication in FIG. 6E. When the user and/or mobile device 110 are successfully authenticated, the mobile devic 110 may display a notification that authentication was successful 690. In addition to the notification of success, the mobile device 110 may also display further information and/or options 692. In some embodiments, the further information and/or options may include a link to view and/or download the vehicle profile or telematics data."; Col 52 lines 1- 7, "If the vehicle onboard computer 114 fails to authenticate the user and/or mobile device 110, the mobile device 110 may display a notification that user authentication has failed 691. In some embodiments, the message may include an error message describing the reason behind the failure (e.g., insufficient permissions, no vehicle in range, incorrect identification information, etc.).")
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, the authentication mechanism for activating gesture controls within above combination of BEAUVAIS to implement the restriction access based on security levels and privilege authentication as within GAMMELGARD as to yield a more effective vehicle protection system that applies restrictions on what gestures a specific user is allowed to perform on the vehicle.
Regarding claim 15: BEAUVAIS in view of WILSON in further view of GAMMELGARD discloses the limitations within claim 14 and BEAUVAIS does not disclose, but GAMMELGARD teaches a determination that the source of the first command is not authorized to issue a first command (see at least GAMMELGARD, Col 51 lines 59- 67, "FIG. 6F depicts a diagram of two potential outcomes to the communication in FIG. 6E.When the user and/or mobile device 110 are successfully authenticated, the mobile device 110 may display a notification that authentication was successful 690. In addition to the notification of success, the mobile device 110 may also display further information and/or options 692. In some embodiments, the further information and/or options may include a link to view and/or download the vehicle profile or telematics data."; Col 52 lines 1- 7, "If the vehicle onboard computer 114 fails to authenticate the user and/or mobile device 110, the mobile device 110 may display a notification that user authentication has failed 691. In some embodiments, the message may include an error message describing the reason behind the failure (e.g., insufficient permissions, no vehicle in range, incorrect identification information, etc.). cause the vehicle to enter an observance mode. (see GAMMELGARD, Col 74 lines 7- 12, "In scenarios where it has been detected that the unauthorized individual is attempting to enter the vehicle 108, 182.1- 182.N, the adjusting control of the vehicle may include locking a door(s) of the vehicle 108, 182.1- 182.N, thereby preventing the unauthorized individual from entering the vehicle."; Col 74 lines 13- 20, "In some embodiments, the transmitting an alert or the adjusting control of the vehicle 108, 182.1- 182.N may include disabling the vehicle 108, 182.1- 182.N. For instance, the transmitting an alert or the adjusting control of the vehicle 108, 182.1- 182.N may comprise disabling the vehicle 108, 182.1- 182.N by: ceasing to supply power to at least one component of an engine of the vehicle; and/or applying brakes of the vehicle."; Col 74 lines 21- 30, "In some implementations, the transmitting an alert or the adjusting control of the vehicle 108, 182.1- 182.N may include sending an alert to a law enforcement agency. In some embodiments, the transmitting an alert or the adjusting control of the vehicle 108, 182.1- 182.N may include sending, to a law enforcement agency, a video stream depicting an interior of the vehicle. The alert may be transmitted to the law enforcement agency by any suitable technique; for instance, through the network 130, not through the audible.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, the authentication mechanism for activating gesture controls within a combination of BEAUVAIS with cited prior art to implement the restriction access based on privilege- level authentication and the transmitting video for attempted unauthorized access as within GAMMELGARD as to yield a more effective vehicle protection system that applies restrictions on what gestures a specific user is allowed to perform on the vehicle and records any intrusion attempts by unauthorized individuals.
6. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over BEAUVAIS
in view of WILSON in further view of Losh’708, and in view of LAVOIE (US 20150251693 A1).
A combination of BEAUVAIS, WILSON, and Losh’708 discloses the limitations within claim 1 and BEAUVAIS does not disclose, but LAVOIE teaches a feature of:
determining, by the vehicle, whether an executable second command has been received before the performance of the first command and prioritizing the performance of the second command over the performance of the first command. (e.g., performing forward/backward actions before turning a steering wheel, see LAVOIE, para.[0179],"Referring to FIGS. 34A and 34B, a user 3150 is shown performing a right turn gesture command relative to the facing direction of the user 3150. In this example, the user's hand/fist 3152 starts with the arms and hands closed as seen in FIG. 34A going from left to right of the user when the arm fully outstretches as seen in FIG. 34B. The user may continue the motion to continue to command the trailer to turn to the right repeatedly to continue the change in trailer trajectory to the right side. In response to the right turn gesture command, the trailer backup assist system may automatically change the trajectory to steer the trailer along a new path and control speed of the vehicle and may control acceleration and braking of the vehicle, according to one embodiment. According to another embodiment, the speed includingacceleration and braking of the vehicle may be controlled manually by a driver ofthe vehicle while the trailer backup assist system controls the steering.").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, the execution of gesture controls within BEAUVAIS to implement automatic changing of path based on newly received gestures as within LAVOIE to yield a more responsive vehicle gesture control system capable of rearranging trajectory as needed as to prevent incidents such as mistakenly backing up a trailer incorrectly as within LAVOIE.
7. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over BEAUVAIS in view of WILSON, in view of Losh’708 and further view of JULIATO (US 20210385239 A1).
BEAUVAIS in view of WILSON , and Losh’708 discloses the limitations within claim 1 and BEAUVAIS does not disclose, but JULIATO teaches a feature of entering a recovery mode if the vehicle is determined to be compromised (see JULIATO para.[0020],"Examples disclosed herein are directed to autonomous recovery techniques for online isolation and replacement of compromised controller ECUs. Examples disclosed herein are based on the following principle of operation: If a controller is compromised, that controller should be immediately disconnected from a communication bus and the recovery controller must be engaged within a control period. In contrast from prior systems, examples disclosed herein operate without plant shut down or human intervention. Examples disclosed herein utilize a network based intrusion detection system (IDS) (e.g., intrusion detector) (to immediately trigger the intrusion), an Active Attack Isolation module (e.g., a message neutralizer) (to switch the role of the original controller from authentic to malicious), and a spare controller (that keeps its state close to the original one and is therefore able to immediately take over control functionality). see JULIATO para.[0021], "Examples disclosed herein ensure system safety under adversarial influence by maintaining full closed loop control functionality through real time controller take over. Examples disclosed herein can be used as a wraparound to protect an existing (unsecure) controller with the addition of a control loop IDS (e.g., an intrusion detector), Active Attack Isolation module (e.g., message neutralizer), and a hot spare recovery controller on the network, as examples disclosed herein do not impose any architectural dependence on the originally deployed (unsecure) controller. Examples disclosed herein provide safety and security for autonomous vehicles. Thus, enabling an autonomous system to survive cyberattacks and continue to be safe and operational offers a crucial differentiation value to other automotive systems. Examples disclosed herein are directed to recovery of ECUs within safe time boundaries, and vehicle safety at, and beyond, the point of switching through maintenance of tight system state estimations and soft transition between the recovery and the original controllers without noticeable disturbances in the physical behavior of the system.")
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine, with a reasonable expectation of success, the authentication system of the vehicle within a combination of BEAUVAIS to include an intrusion detection and recovery to avoid attacks on the vehicle controls within JULIATO to yield a safer autonomous vehicle resilient to compromise by unauthorized users.
8. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over BEAUVAIS in view of WILSON in view of Losh’708 and further view of MEIJBURG (US 20200276973 A1).
A combination of BEAUVAIS, WILSON, Losh’708 discloses the limitations within claim 1 and BEAUVAIS does not disclose, but MEIJBURG teaches the first command overrides an autonomous mode of the vehicle. (see at least MEIJBURG, 1 0174, among the benefits and advantages of the embodiments disclosed herein are that different and complex motion constraints can be addressed by an AV system to prevent collisions with emergency vehicles and other objects. The technical effects of the disclosed embodiments increase navigational safety for the AV as well as for emergency vehicles, pedestrians, and other vehicles. Emergency situations can be addressed by the AV as well as by other vehicles when the AV broadcasts a message instructing other vehicles to undertake emergency operations. Communication between the AV and the emergency vehicle is established, such that the emergency vehicle can temporarily override the autonomous operation of the AV to assist the emergency vehicle in performing in the emergency mode. The overriding includes authenticating the emergency vehicle and authorizing the emergency vehicle a degree of control of the AV." 1 0175, "The sensors of the AV capture sensor data representing a structure of an object and transform the sensor data into physical operations for the AV. The physical operations increase lateral clearance for the emergency vehicle to attend to an emergency. The embodiments reduce the time for maneuvering by the AV and the emergency vehicle, and reduce the response time of the emergency vehicle. By temporarily overriding the original autonomous operation of the AV and placing the AV in an emergency operation mode, the time taken to maneuver for the emergency vehicle and the AV is reduced. Safety of the AV, the emergency vehicle, and other vehicles on the road is increased.").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, the automatic vehicle maneuvers based on gesture controls within a combination of BEAUVAIS, WILSON, Losh’708 to include an the detection of commands from emergency vehicles and overriding the autonomous operation to avoid increasing response time within MEIJBURG to yield a self-controlling vehicle that allows for emergency overrides of the intended user behavior.
9. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over BEAUVAIS, WILSON, Losh’708 further view of HYUNSANG (US Pub. 20220074242 A1).
A combination of BEAUVAIS, WILSON, Losh’708 discloses the limitations within claim 1 and BEAUVAIS does not disclose, but HYUNSANG teaches a feature of accessing a remote, external authority prior to performing the first command. (see HYUNSANG, para. [0061],"In the user authentication, the processor 140 determines whether the user 2 attempting to unlock the door is a registered driver based on the face image of the user 2. If user authentication is successful, the processor 140 may control the door locking device 160 to unlock the door 100."; see HYUNSANG, para. [0062],"The processor 140 may control the communication module 120 to transmit the face image of the user 2 captured by the camera 110 to the pre-registered mobile device 3 when user authentication fails a predetermined number of times."; see HYUNSANG, para. [0064], "The user 2 may check the face image of the user 2 displayed on the display of the mobile device 3 registered in advance, and may input a command to perform the emergency access mode to the mobile device 3 registered in advance. In the instant case, the emergency access mode may be a mode in which the door 100 is unlocked by another method when the registered driver himself or herself fails to authenticate the user for a preset number of times and access to the vehicle 1 is impossible.")
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, to use
the authentication mechanism for activating gesture controls within a combination of BEAUVAIS to include support for external user verification as within HYUSANG to effectively yield a vehicle capable of allowing for user access and control of vehicle systems without the need of pre-authentication.
Per dependent new claim 21: It is rejected under 35 U.S.C. 103 as being unpatentable over BEAUVAIS in view of WILSON, in view of Losh’708, and in view of Mangal et al (CN 115892013 A).
The rationales and references for a rejection of claim 1 are incorporated.
This claim requires a different selection between vehicle modes: an autonomous mode 14 and a manual mode 16. A combination of BEAUVAIS in view of WILSON, in view of Losh’708 may not expressly disclose that claimed feature; however, Mangal et al did (see Mangal et al pg. 7, 3rd para., “FIG. 1 shows a non-limiting example of system 10 for operating a vehicle (e.g., main vehicle 12). The main vehicle 12 may be characterized as an automatic vehicle. as used herein, the term automatic vehicle for characterizing the autonomous mode 14 (i.e., full automatic mode) operation of the vehicle, wherein the human operator of the main vehicle 12 (hereinafter referred to as operator 18) can only specify the destination to operate the main vehicle 12. However, complete automation is not the requirement of all time. For example, autonomous mode 14 may include when only the main vehicle 12 speed control is automatic but steering is controlled by the operator 18. As will be explained in more detail below, when the main vehicle 12 is converted from the autonomous mode 14 to the manual mode 16, some of the unique advantages of the system 10 described herein are found, wherein the degree or level of automation can only be the steering of the general control main vehicle 12, The accelerator and the human operator of the brake provide hearing or visual warning.”
It would have been obvious to one of ordinary skill in the art before the effective filing
date of the claimed invention to suggest a unique difference between vehicle performing modes from a combination of BEAUVAIS in view of WILSON with Losh’708, with Mangal et al’s difference between an autonomous mode and a manual mode because with a reasonable expectation of success, a unique difference between operating modes is defined by their names.
Conclusion
10. Claims 1-2, and 4-21 are still rejected. THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cuong H Nguyen whose telephone number is (571) 272-6759 (email address is cuong.nguyen@uspto.gov). The examiner can normally be reached on M - F: 9:30AM- 5:30PM. Examiner interviews are available via telephone, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bendidi Rachid can be reached on (571) 272-4896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PATER. Status information for unpublished applications is available through Private PAIR only, For more information about the PAIR system, see https//ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll- free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or S71-272- 1000.
/CUONG H NGUYEN/Primary Examiner, Art Unit 3664
