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 Objections
Claims 8 and 13 objected to because of the following informalities:
Claim 8: “…upon determining the actuation signal…” should read – …upon determining an actuation signal… – .
Claim 13: “…wherein the key-fob comprising a microphone configured to receive the voice command, wherein the system being configured for…” should read – …wherein the key-fob comprises a microphone configured to receive a voice command, wherein the system is configured for… – .
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 9 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 contains the trademark/trade name “Bluetooth”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe communication functions of the system, however the Bluetooth standard is a trade name which describes a communication standard which is potentially subject to change by its owner. Therefore, the communication standard recited in claims 9 by referencing “Bluetooth” is indefinite.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-3, 6, 7, and 9-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Freund (U.S. Patent Application Publication 2023/0182686).
Regarding claim 1, Freund teaches a method of commanding an action of a vehicle with a key-fob of the vehicle communicatively connected to the vehicle, the method comprising: receiving a voice command at a microphone of the key-fob (Paragraph 0041 In step 1108, a microphone in the fob hears the command. For example, there may be a microphone on the fob that detects the audible speech from the user.); transmitting, by the key-fob, to the vehicle a signal associated to the voice command (Paragraph 0045 Next, in step 1116, the fob or the cloud communicates a requested action to the vehicle. For example, if the ASR system is located in the fob or the cloud, the ASR system transmits a wireless signal to the vehicle requesting that the rear gate be opened.); and performing, by the vehicle, a corresponding action upon receiving the signal associated to the voice command from the key-fob (Paragraph 0046 In a final step 1118, the vehicle responds to the requested action with an appropriate action. For example, the vehicle may respond to the request that the rear gate be opened by opening the gate.).
Regarding claim 2, Freund teaches the method of claim 1 as set forth above. Freund further teaches wherein the action comprises at least one of an ignition, a parking, a door locking and/or a door unlocking (Paragraph 0049 The signal may request that the motor vehicle unlock its driver's door.).
Regarding claim 3, Freund teaches the method of claim 1 as set forth above. Freund further teaches wherein the method comprises determining, by the key-fob or by the vehicle, an actuation signal which commands the corresponding action (Paragraph 0044 In step 1114, the ASR system interprets the spoken command into a vehicle action. For example, the ASR system may interpret the spoken command as a command to open the rear gate.).
Regarding claim 6, Freund teaches the method of claim 1 as set forth above. Freund further teaches executing a voice recognition to authenticate a person providing the voice command (Paragraph 0043 In a next step 1112, the system uses voice biometrics to confirm that the spoken command is from an authorized user. For example, a biometric system in the fob, in the vehicle, or at a remote location may determine and/or confirm that the voice spoken into the fob is the voice of a user who has permission to issue commands.).
Regarding claim 7, Freund teaches the method of claim 1 as set forth above. Freund further teaches transmitting the signal to the vehicle upon determining that the voice command stems from an authorized person, wherein the voice recognition is performed by the key-fob (Paragraph 0043 In a next step 1112, the system uses voice biometrics to confirm that the spoken command is from an authorized user. For example, a biometric system in the fob, in the vehicle, or at a remote location may determine and/or confirm that the voice spoken into the fob is the voice of a user who has permission to issue commands.).
Regarding claim 9, Freund teaches the method of claim 1 as set forth above. Freund further teaches wherein the voice command is provided by a person located outside the vehicle, and/or the transmitting of the signal to the vehicle is performed via Bluetooth (Paragraph 0038 In a first step 1102, a vehicle detects a fob in close proximity. For example, a user may press a pushbutton on his fob, which causes a wireless signal to be transmitted to the vehicle. By virtue of receiving the wireless signal, the vehicle may detect that a fob is nearby.).
Regarding claim 10, Freund teaches a key-fob communicatively connected to a vehicle and configured for performing the method of claim 1, the key-fob comprising a microphone configured to receive the voice command (Paragraph 0032 Pushbutton/microphone combo subassembly 22 includes a pushbutton or tactile switch 24 and a microphone 30...).
Regarding claim 11, Freund teaches the system of claim 10 as set forth above. Freund further teaches a button configured for activating and/or stopping the reception of the voice command (Paragraph 0038 For example, a user may press a pushbutton on his fob, which causes a wireless signal to be transmitted to the vehicle. By virtue of receiving the wireless signal, the vehicle may detect that a fob is nearby. Paragraph 0039 Next, in step 1104, the vehicle wakes up a relevant automatic speech recognition (ASR) subsystem, which may be a dedicated subsystem or a subsystem that is hooked up via the cloud.).
Regarding claim 12, Freund teaches a vehicle configured for performing the method of claim 1 (Paragraph 0036 FIG. 8 illustrates a motor vehicle 32 suitable for having a pushbutton/microphone combo system of the present invention installed thereon.).
Regarding claim 13, Freund teaches a system comprising: a vehicle (Paragraph 0036 FIG. 8 illustrates a motor vehicle 32 suitable for having a pushbutton/microphone combo system of the present invention installed thereon.); and a key-fob communicatively connected to the vehicle, wherein the key-fob comprising a microphone configured to receive the voice command, wherein the system being configured for performing the method of claim 1 (Paragraph 0032 Pushbutton/microphone combo subassembly 22 includes a pushbutton or tactile switch 24 and a microphone 30...).
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) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freund in view of Camhi (U.S. Patent Application Publication 2020/0047687).
Regarding claim 4, Freund teaches the method of claim 3 as set forth above. However, Freund does not teach wherein determining the actuation signal comprises applying a neural network configured to receive as input the signal and to output the actuation signal.
Camhi, in the same field of endeavor, teaches a key system for a vehicle which is capable of receiving voice commands from a user. The system uses a neural network to determine a command signal to transmit to the vehicle based on the voice input (Paragraph 0061 The natural speech processing engine 135 can use one or more models (e.g., neural networks) developed through training using one or more datasets associated with one or more users (e.g., using voice commands recorded during an enrollment process via the microphone(s) and the speech module 115 for instance). The natural speech processing engine 135 can apply at least a portion of a voice command 160 as input through a model, and obtain an output with an interpretation (and a corresponding probability of correctness of the interpretation for instance) of the input. The natural speech processing engine 135 can provide an output or an interpretation of the operational command for instance, to the speech module 115, or to the command processing engine 140 for further processing. For example, the speech module 115 can translate the interpretation into instructions that ECUs 120 of the vehicle 105 can understand.).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention and with a reasonable expectation of success, to have modified Freund with the teachings of Camhi which teaches using a neural network to determine a command signal to transmit to the vehicle based on the voice input in order to directly translate a voice command of the user to a command for the vehicle (See Camhi Paragraph 0061 For example, the speech module 115 can translate the interpretation into instructions that ECUs 120 of the vehicle 105 can understand.).
Regarding claim 5, Freund teaches the method of claim 3 as set forth above. However, Freund does not teach wherein determining the actuation signal comprises applying, by the key-fob, a deterministic algorithm.
Camhi, in the same field of endeavor, teaches a key system for a vehicle which is capable of receiving voice commands from a user. The system uses a neural network to determine a command signal to transmit to the vehicle based on the voice input (Paragraph 0061 The natural speech processing engine 135 can use one or more models (e.g., neural networks) developed through training using one or more datasets associated with one or more users (e.g., using voice commands recorded during an enrollment process via the microphone(s) and the speech module 115 for instance). The natural speech processing engine 135 can apply at least a portion of a voice command 160 as input through a model, and obtain an output with an interpretation (and a corresponding probability of correctness of the interpretation for instance) of the input. The natural speech processing engine 135 can provide an output or an interpretation of the operational command for instance, to the speech module 115, or to the command processing engine 140 for further processing. For example, the speech module 115 can translate the interpretation into instructions that ECUs 120 of the vehicle 105 can understand.).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention and with a reasonable expectation of success, to have modified Freund with the teachings of Camhi which teaches using a neural network to determine a command signal to transmit to the vehicle based on the voice input in order to directly translate a voice command of the user to a command for the vehicle (See Camhi Paragraph 0061 For example, the speech module 115 can translate the interpretation into instructions that ECUs 120 of the vehicle 105 can understand.).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freund in view of Irvin (U.S. Patent 6,424,056).
Regarding claim 8, Freund teaches the method of claim 1 as set forth above. However, Freund does not teach outputting a feedback signal upon determining that the voice command stems from an authorized person and/or upon determining the actuation signal, wherein the feedback signal comprising at least one of: activating one or more LEDs placed on the vehicle and/or one or more LEDs placed on the key-fob, and outputting a sound from the vehicle and/or a sound from the key-fob.
Irvin, in the same field of endeavor, teaches a key system for a vehicle which is capable of receiving voice commands from a user. The system includes an indicator which provides an acknowledgement signal to the user when the system determines an actuation signal for the vehicle (Col 4 line 39 If the remote unit 12 receives an acknowledgement signal responsive to a transmitted user command, the remote unit activates indicator 24 to inform the user that the acknowledgement signal was received (block 112). Such indication can be made by generating an audible tone, turning on a light, synthesizing speech, or outputting text or graphics to a display device.).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention and with a reasonable expectation of success, to have modified Freund with the teachings of Irvin which teaches an indicator which provides an acknowledgement signal to the user when the system determines an actuation signal for the vehicle in order to provide confirmation to the user that the desired command was successful (See Irvin Col 4 line 42 Such indication can be made by generating an audible tone, turning on a light, synthesizing speech, or outputting text or graphics to a display device. In the latter case, the display could further display status information contained in the acknowledgement signal.).
Conclusion
The prior art made of the record and not relied upon is considered pertinent to
applicant’s disclosure.
Grgac – U.S. Patent Application Publication 2021/0174793
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/PATRICK DANIEL MOHL/Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666