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 .
DETAILED ACTION
Status of the Application
Claims 1-20 have been examined in this application. This communication is a Non Final Office Action on the on merits. The Information Disclosure Statement (IDS) filed on 1-20 has been acknowledged by the Office.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 8-11, 13-15, 17, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Penilla et al., hereinafter Penilla (Document ID: US 20160173568 A1).
Regarding claims 1 and 13, Penilla teaches a vehicle control apparatus and a vehicle control method comprising:
a memory storing at least one instruction (memory 1912); and
a processor (central processing unit 1914) configured to execute the at least one instruction to:
obtain, from a server and among a plurality of settings for controlling an interior environment of a vehicle, a setting specified by an input of a user of the vehicle, wherein the plurality of settings comprise at least one of an image, a sound, or a lighting state (see at least P [0035]: “receiving, by the server, a plurality of settings for the profile of a vehicle having the vehicle type… receiving, by the server, communication from the vehicle regarding inputs made to systems or functions (i.e., interfaces) of the vehicle, and the inputs occurring over time and communicated to the server from time to time”, as well as P [0080]: “The user profile may contain settings, such as selections of the user interface components associated with the system of the vehicle”. Finally, see P [0088] which details settings corresponding to an image, sound, and lighting state); and
control, based on the setting, at least one of:
a display of the vehicle to provide the image,
a speaker of the vehicle to provide the sound, or
a light source of the vehicle to provide lighting according to the lighting state (see at least P [0099] wherein once the user input is successful, “the vehicle the user attempted to log into has vehicle settings applied to it and the user is allowed to operate the vehicle”).
Regarding claims 2 and 14, Penilla teaches the vehicle control apparatus of claim 1, and the vehicle control method of claim 13, and Penilla further teaches that the setting further comprises at least one of:
a seat position of a seat of the vehicle,
an interior temperature of the vehicle, or
a window position of a window of the vehicle (see at least P [0012]: “temperature settings… seat settings”), and
wherein the processor is further configured to execute the at least one instruction to control, based on the setting, at least one of:
the seat according to the seat position,
an air conditioner of the vehicle according to the interior temperature of the vehicle, or
the window according to the window position (see at least P [0088] which describes adjustment to seat positions or HVAC settings, and P [0090] which moves the seat according to other profile types).
Regarding claims 3 and 15, Penilla teaches the vehicle control apparatus of claim 1, and the vehicle control method of claim 13, and Penilla further teaches that
the setting is recommended based on at least one user category of the user (see at least P [0100] wherein a user is categorized into different types: “FIG. 2 shows two different types of users and an example of how the user is organized”), and wherein the processor is configured to obtain the setting by:
obtaining the setting from the server via a communication device, of the vehicle, configured to perform wireless or wired communication (see at least P [0105]: “the user may access particular active settings managed by cloud services 120”, therefore the profile settings are set based on the user category from a cloud service through wireless communication).
Regarding claims 5 and 17, Penilla teaches the vehicle control apparatus of claim 1, and the vehicle control method of claim 13, and Penilla further teaches that the processor is further configured to execute the at least one instruction to:
obtain, among a second plurality of settings for controlling the interior environment, a second setting corresponding to driving information associated with the vehicle, wherein the second plurality of settings are stored in the vehicle control apparatus (see at least P [0109] wherein “the user may approach the vehicle so as to utilize the vehicle 200. In one embodiment, when the user approaches the vehicle, and comes in close proximity to the vehicle as detected by the geo-location of the user's mobile device, a pairing request can be detected.” See also P [0112]-[0113] wherein the user profile is added to the vehicle, which pertains to settings stored in the vehicle); and
control, based on the second setting, at least one of the display, the speaker, or the light source (See at least P [0113] wherein the pairing is initiated to pair “settings to the specific vehicle 200” See also P [0121] which specifies that “The settings can include, for example, temperature, radio settings, seat settings, meter settings, air settings, etc.”).
Regarding claim 8, Penilla teaches a system for providing a vehicle control service, the system comprising:
a vehicle control apparatus (controller 1804); and
a terminal of a user of a vehicle (see at least P [0080]: “user interface is provided by third-party applications”, wherein the user interface acts as a terminal of a user of a vehicle),
wherein the terminal is configured to:
transmit, to a server, a request to send, to the vehicle control apparatus and among a plurality of settings for controlling an interior environment of the vehicle, a setting specified by an input of the user (see at least P [0080]: “The user profile may contain settings, such as selections of the user interface components associated with the system of the vehicle”), wherein the plurality of settings comprise at least one of an image, a sound, or a lighting state (see at least P [0088] which details settings corresponding to an image, sound, and lighting state), and wherein the vehicle control apparatus is configured to:
receive, from the server (see at least P [0035]: “receiving, by the server, a plurality of settings for the profile of a vehicle having the vehicle type… receiving, by the server, communication from the vehicle regarding inputs made to systems or functions (i.e., interfaces) of the vehicle, and the inputs occurring over time and communicated to the server from time to time”); and
control, based on the setting, at least one of:
a display of the vehicle to provide the image,
a speaker of the vehicle to provide the sound, or
a light source of the vehicle to provide lighting according to the lighting state (see at least P [0099] wherein once the user input is successful, “the vehicle the user attempted to log into has vehicle settings applied to it and the user is allowed to operate the vehicle”).
Regarding claim 9, Penilla teaches the system of claim 8, and Penilla further teaches that the terminal is further configured to:
present, to the user via an application executing on the terminal, the plurality of settings (see at least P [0144]: “Depending on the app presented to the user 121, the input may trigger stored routines or functions on APP software or operating system level restricted stored routines or functions.” The user is thus presented with the plurality of settings which can change depending on the ap presented to the user).
Regarding claim 10, Penilla teaches the system of claim 8, and Penilla further teaches that the terminal is further configured to:
transmit a request for an authorization for a transaction associated with the setting (see at least P [0088]-[0089] which detail purchase settings and “requests from the vehicle” including for a transaction, and in conjunction with “comfort & HVAC settings (climate control, seat positions, seat heater/cooler, suspension/ride settings, entry lighting”).
Regarding claim 11, Penilla teaches the system of claim 8, and Penilla further teaches that at least one of the vehicle control apparatus or the server is further configured to:
classify, based on personal information of the user, the user into at least one category (see at least P [0084] as well as P [0100] wherein a user is categorized into different types: “FIG. 2 shows two different types of users and an example of how the user is organized”, and the personal info includes age, administrator status of a user, or type of driver such as mechanic or valet driver); and
generate, for the user and based on a preference of other users in the at least one category, at least one recommended setting for controlling the interior environment (see at least P [0086] wherein “Logins can have “role” specific settings and privileges” and “Additionally, every login may have settings that the user of the login can toggle to their liking”), and
wherein the terminal is further configured to:
provide, to the user, the at least one recommended setting (see at least P [0087]: “Logins can control all aspects of a vehicle's behavior and can be attributed to individuals or roles. These settings can be toggled via a network connected device such as a computer, web application, smart-phone or directly on the vehicle” P [0088] also establishes the number of interior settings that are changed and applied through the settings).
Regarding claim 20, Penilla the vehicle control method of claim 13, and Penilla further teaches that the settings further comprise:
one or more settings shared by a second user and customized by the second user (see at least P [0084]: “logins for his or her vehicle(s) for additional users such as his or her children, spouse, mechanic, and valet driver among other applications. Logins can be created for individuals or for roles such as the role of “child” where all users with the role “child” would have the same vehicle specifications applied to the vehicle they will be logging into. Similarly, the role of valet can be given and shared by any valet driver.” The second user has access to the same settings, but can customize them according to their preferences).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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, 6-7, 16, and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penilla in view of Sobhany (Document ID: US 20210261050 A1).
Regarding claims 4 and 16, Penilla teaches the vehicle control apparatus of claim 1, and the vehicle control method of claim 13, and Penilla further teaches in P [0145] that the user is provided information about updates to settings, but Penilla does not explicitly teach that the processor is further configured to execute the at least one instruction to:
obtain, via a user interface and among a second plurality of settings for controlling the interior environment, a second setting, wherein the second plurality of settings are stored in the vehicle control apparatus;
control, based on the second setting, at least one of the display, the speaker, or the light source; and
provide the user with information about the second setting.
Instead, Sobhany, whose invention pertains to improving the comfort and enjoyment of people riding in a vehicle, teaches in at least P [0062] the concept of trigger criteria/conditions that can obtain a second setting of the plurality of settings, and control the light source and speaker based on the second setting. For example: “Lighting configurations can mimic traffic signals outside the vehicle, such as outputting red light when the vehicle is approaching or waiting at a red traffic light and outputting green light when the traffic light changes to green” or “A first lighting configuration can be output while the vehicle is operated in self-driving mode, and a second lighting configuration can be output while the vehicle is operated in a manual driving mode.” The user is necessarily provided with information about the second setting based on the context it is applied to and the reason for the change.
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the user custom settings of Penilla with the secondary setting adjustment of Sobhany in order to improve the comfort and enjoyment of people riding in a vehicle as in P [0003] of Sobhany. It is important to note that the comfort and convenience systems and settings of Penilla are primarily directed towards a car that is configured for manual driving. Though Penilla discloses in P [0140] future forward car sharing methods and the use of an EV, Penilla does not teach the same sort of actions and flexibility as Sobhany, since the user is likely actively focused on driving. However, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to adapt the user preference settings of Penilla with a partially or fully autonomous vehicle as taught by Sobhany, as Sobhany specifically indicates that "partially or fully autonomous vehicles" are growing "in popularity", as reflected by the later publishing date of Sobhany. Therefore, such an embodiment involving a second setting would indicate potentially autonomous driving, but it would be obvious to one of ordinary skill in the art that adapting the system of Penilla with Sobhany would ultimately revolve around providing convenience, comfort, and support to the preferences of a vehicle driver or occupant, whether driving manually or autonomously.
Regarding claims 6 and 18, Penilla teaches the vehicle control apparatus of claim 1, and the vehicle control method of claim 13, but Penilla does not explicitly teach that
at least one of the image, the sound, or the lighting state is associated with a media content.
Instead, Sobhany teaches in at least P [0061] the use of media content to adjust lighting.
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the user custom settings of Penilla with the media content responsiveness of Sobhany in order to improve the comfort and enjoyment of people riding in a vehicle as in P [0003] of Sobhany. It is important to note that the comfort and convenience systems and settings of Penilla are primarily directed towards a car that is configured for manual driving. Though Penilla discloses in P [0140] future forward car sharing methods and the use of an EV, Penilla does not teach that a user would be consuming media content, since the user is likely actively focused on driving. However, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to adapt the user preference settings of Penilla with a partially or fully autonomous vehicle as taught by Sobhany, as Sobhany specifically indicates that "partially or fully autonomous vehicles" are growing "in popularity", as reflected by the later publishing date of Sobhany. Therefore, such an embodiment involving the consumption of media content would indicate potentially autonomous driving, but it would be obvious to one of ordinary skill in the art that adapting the system of Penilla with Sobhany would ultimately revolve around providing convenience, comfort, and support to the preferences of a vehicle driver or occupant.
Regarding claims 7 and 19, Penilla teaches the vehicle control apparatus of claim 1, and the vehicle control method of claim 13, but Penilla does not explicitly teach that the processor is further configured to execute the at least one instruction to:
obtain, among a second plurality of settings for controlling the interior environment, a second setting corresponding to context information indicating an activity performed by the user; and
control, based on the second setting, at least one of the display, the speaker, or the light source.
Instead, Sobhany teaches in P [0062] determining “whether the user is performing a specified activity inside the vehicle” and controlling light and sound settings accordingly, in addition to the general settings and controls.
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the user custom settings of Penilla with the user activity responsiveness of Sobhany in order to improve the comfort and enjoyment of people riding in a vehicle as in P [0003] of Sobhany. It is important to note that the comfort and convenience systems and settings of Penilla are primarily directed towards a car that is configured for manual driving. Though Penilla discloses in P [0140] future forward car sharing methods and the use of an EV, Penilla does not teach that a user would be performing an activity aside from driving, since the user is likely actively focused on driving. However, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to adapt the user preference settings of Penilla with a partially or fully autonomous vehicle as taught by Sobhany, as reflected by the later publishing date of Sobhany. Sobhany specifically indicates that "partially or fully autonomous vehicles" are growing "in popularity". Therefore, such an embodiment involving the performance of an activity would indicate potentially autonomous driving, but it would be obvious to one of ordinary skill in the art that adapting the system of Penilla with Sobhany would ultimately revolve around providing convenience, comfort, and support to the preferences of a vehicle driver or occupant.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Penilla in view of Ricci (Document ID: US 20140309892 A1).
Regarding claim 12, Penilla teaches the system of claim 8, and Penilla further teaches in at least P [0084] the ability to cater to multiple user preferences through different roles and preferences, but Penilla does not explicitly teach that the terminal is further configured to:
receive, from a second terminal associated with a second user, first information about at least one setting customized by the second user, wherein the setting specified by the input of the user is based on the first information;
transmit, to the second terminal, second information about at least one setting customized by the user to control the interior environment; and
transmit, to the server, the at least one setting customized by the user to control the interior environment.
Instead, Ricci, whose invention pertains to a vehicle ecosystem for provided enhanced comfort, teaches in at least P [0456] that user profiles are accessed from a device such as 212, which is a user interface device as a terminal. Then in P [0019] there is a process for “determining a second access priority of a second user associated with the infotainment system; and comparing the access priority of the user to the second access priority of the second user, wherein the adjustment is allowed when the access priority of the user is greater than the second access priority of the second user”. P [0458] further describes how this is implemented as a first user having essentially the final say over the settings of an infotainment system, and the second user, in this example a child, is denied access. The setting is thus adjusted accordingly.
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the user custom settings of Penilla with the multiple user evaluation and setting modification system of Ricci in order to resolve conflicts between different passenger preferences in a vehicle comfort adjustment system, as in P [0458] of Ricci.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Document ID: KR102004934B1
Invention pertains to designing a vehicle space by improving the utilization of vehicle space and configuring various electronic products included in the vehicle.
Document ID: US 20160359980 A1
Invention pertains to extrapolating user preferences from usage patterns in a vehicle.
Document ID: US 20200239002 A1
Invention pertains to generating emotional indications from a passenger of a vehicle to generate a contextual response.
Document ID: US 20140310788 A1
Invention pertains to generating, storing, and implementing user profiles that govern one or more vehicle functions.
Document ID: US 20190193712 A1
Invention pertains to determining a mode of a vehicle interior environment based on a specific user characteristic.
Document ID: US 10942034 B2
Invention pertains to resolving control conflicts between control requests received from multiple sources.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dairon Estevez whose telephone number is (703)756-4552. The examiner can normally be reached M-F 8:00AM - 4:00PM.
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/D.E./Examiner, Art Unit 3656
/KHOI H TRAN/Supervisory Patent Examiner, Art Unit 3656