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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claim 1, 8, 15 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and claim 2, claim 8 and claim 9, claim 15 and claim 16 of US 12190728. Although the claims at issue are not identical, they are not patentably distinct from each other because they are obvious variation of each other.
Current Application
US 12190728
A computer-implemented method for providing virtual reality (VR) alerts to a driver of an autonomous vehicle, the computer-implemented method comprising: receiving, via one or more processors, an indication that a driver of a vehicle is accessing a VR feed on a VR display, wherein the VR feed comprises a VR movie or a VR video game; receiving, via the one or more processors, an indication that the vehicle is driving in an autonomous mode; and providing, via the one or more processors,
a VR alert to the driver by (i) stopping the VR feed, and (ii) displaying the VR alert on the VR display.
2. The computer-implemented method of claim 1, wherein providing the VR alert comprises, via the one or more processors, overlaying the VR alert onto the VR feed.
3. The computer-implemented method of claim 1, wherein the VR alert comprises an indication that the driver should take control of the vehicle.
4. The computer-implemented method of claim 1, wherein the VR alert comprises an indication of a distance to an upcoming area.
5. The computer-implemented method of claim 1, wherein: providing the VR alert comprises presenting, via the one or more processors, a request to the driver to receive training for traversing an upcoming area; and the computer-implemented method further comprises: in response to the driver accepting the request to receive the training, providing, via the one or more processors, the training for traversing the upcoming area on the VR display.
6. The computer-implemented method of claim 1, wherein the VR alert is color coded based upon a distance to an upcoming area.
8. A computer system configured to provide virtual reality (VR) alerts to a driver of an autonomous vehicle, the computer system comprising one or more local or remote processors, transceivers, and/or sensors configured to: receive an indication that a driver of a vehicle is accessing a VR feed on a VR display, wherein the VR feed comprises a VR movie or a VR video game; receive an indication that the vehicle is driving in an autonomous mode; and
provide a VR alert to the driver by (i) stopping the VR feed, and (ii) displaying the VR alert on the VR display.
9. The computer system of claim 8, wherein providing the VR alert comprises overlaying the VR alert onto the VR feed.
10. The computer system of claim 8, wherein the VR alert comprises an indication that the driver should take control of the vehicle.
11. The computer system of claim 8, wherein the VR alert comprises an indication of a distance to an upcoming area.
12. The computer system of claim 8, wherein: providing the VR alert comprises presenting a request to the driver to receive training for traversing an upcoming area; and the one or more local or remote processors, transceivers, and/or sensors are further configured to: in response to the driver accepting the request to receive the training, provide the training for traversing the upcoming area on the VR display.
13. The computer system of claim 8, wherein the VR alert is color coded based upon a distance to an upcoming area.
15. A computer device for providing virtual reality (VR) alerts to a driver of an autonomous vehicle, the computer device comprising: one or more processors; and one or more non-transitory memories coupled to the one or more processors; the one or more non-transitory memories including computer executable instructions stored therein that, when executed by the one or more processors, cause the one or more processors to: receive an indication that a driver of a vehicle is accessing a VR feed on a VR display, wherein the VR feed comprises a VR movie or a VR video game; receive an indication that the vehicle is driving in an autonomous mode; and
provide a VR alert to the driver by (i) stopping the VR feed, and (ii) displaying the VR alert on the VR display.
16. The computer device of claim 15, wherein providing the VR alert comprises overlaying the VR alert onto the VR feed.
17. The computer device of claim 15, wherein the VR alert comprises an indication that the driver should take control of the vehicle.
18. The computer device of claim 15, wherein the VR alert comprises an indication of a distance to an upcoming area.
19. The computer device of claim 15, wherein the VR alert is color coded based upon a distance to an upcoming area.
1. A computer-implemented method for providing virtual reality (VR) alerts to a driver of an autonomous vehicle, the method comprising: receiving, via one or more processors, an indication that a driver of a vehicle is accessing a VR feed on a VR display; receiving, via the one or more processors, an indication that the vehicle is driving in an autonomous mode; providing, via the one or more processors, a VR alert to the driver through the VR display warning the driver of an upcoming area, wherein the VR alert comprises a request to the driver to switch the vehicle to a manual mode; and in response to the driver accepting the request to switch to the manual mode, switching, via the one or more processors, control of the vehicle from the autonomous mode to the manual mode.
2. The computer-implemented method of claim 1, wherein: the VR feed comprises a VR movie or a VR video game; and providing the VR alert comprises, via the one or more processors: (i) stopping the VR feed, and (ii) displaying the VR alert on the VR display.
3. The computer-implemented method of claim 1, wherein providing the VR alert comprises, via the one or more processors, overlaying the VR alert onto the VR feed.
4. The computer-implemented method of claim 1, wherein the VR alert comprises an indication that the driver should take control of the vehicle.
5. The computer-implemented method of claim 1, wherein the VR alert comprises an indication
of a distance to the upcoming area.
6. The computer-implemented method of claim 1, wherein: providing the VR alert comprises presenting, via the one or more processors, a request to the driver to receive training for traversing the upcoming area; and the method further comprises: in response to the driver accepting the request to receive the training, providing, via the one or more processors, the training for traversing the upcoming area on the VR display.
7. The computer-implemented method of claim 1, wherein the VR alert is color coded based upon a distance to the upcoming area.
8. A computer system configured to provide virtual reality (VR) alerts to a driver of an autonomous vehicle, the computer system comprising one or more local or remote processors, transceivers, and/or sensors configured to: receive an indication that a driver of a vehicle is accessing a VR feed on a VR display; receive an indication that the vehicle is driving in an autonomous mode; provide a VR alert to the driver through the VR display warning the driver of an upcoming area, wherein the VR alert comprises a request to the driver to switch the vehicle to a manual mode; and in response to the driver accepting the request to switch to the manual mode, switch control of the vehicle from the autonomous mode to the manual mode.
9. The computer system of claim 8, wherein: the VR feed comprises a VR movie or a VR video game; and providing the VR alert comprises: (i) stopping the VR feed, and (ii) displaying the VR alert on the VR display.
10. The computer system of claim 8, wherein providing the VR alert comprises overlaying the VR alert onto the VR feed.
11. The computer system of claim 8, wherein the VR alert comprises an indication that the driver should take control of the vehicle.
12. The computer system of claim 8, wherein the VR alert comprises an indication of a distance to the upcoming area.
13. The computer system of claim 8, wherein: providing the VR alert comprises presenting a request to the driver to receive training for traversing the upcoming area; and the one or more local or remote processors, transceivers, and/or sensors are further configured to: in response to the driver accepting the request to receive the training, provide the training for traversing the upcoming area on the VR display.
14. The computer system of claim 8, wherein the VR alert is color coded based upon a distance to the upcoming area.
15. A computer device for providing virtual reality (VR) alerts to a driver of an autonomous vehicle, the computer device comprising: one or more processors; and one or more non-transitory memories coupled to the one or more processors; the one or more non-transitory memories including computer executable instructions stored therein that, when executed by the one or more processors, cause the one or more processors to: receive an indication that a driver of a vehicle is accessing a VR feed on a VR display; receive an indication that the vehicle is driving in an autonomous mode; provide a VR alert to the driver through the VR display warning the driver of an upcoming area, wherein the VR alert comprises a request to the driver to switch the vehicle to a manual mode; and in response to the driver accepting the request to switch to the manual mode, switch control of the vehicle from the autonomous mode to the manual mode.
16. The computer device of claim 15, wherein: the VR feed comprises a VR movie or a VR video game; and providing the VR alert comprises: (i) stopping the VR feed, and (ii) displaying the VR alert on the VR display.
17. The computer device of claim 15, wherein providing the VR alert comprises overlaying the VR alert onto the VR feed.
18. The computer device of claim 15, wherein the VR alert comprises an indication that the driver should take control of the vehicle.
19. The computer device of claim 15, wherein the VR alert comprises an indication of a distance to the upcoming area.
20. The computer device of claim 15, wherein the VR alert is color coded based upon a distance to the upcoming area.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3, 7-10, 14-17, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lake-Schaal (US 20240335738) in view of Boule (US 20180334175).
Regarding claim 1 Lake-Schaal teaches a computer-implemented method (fig.2) for providing virtual reality (VR) alerts ([0126] to a driver of an autonomous vehicle ([0023]), the computer-implemented method comprising: receiving,
via one or more processors, an indication that a driver of a vehicle is accessing a VR feed on a VR display, wherein the VR feed comprises a VR movie or a VR video game ([0069]);
receiving, via the one or more processors (fig.2, 214), an indication that the vehicle is driving in an autonomous mode ([0023] [0072]); and
Lake-Schaal is silent on providing, via the one or more processors, a VR alert to the driver by (i) stopping the VR feed, and (ii) displaying the VR alert on the VR display.
However, Boule teaches providing, via the one or more processors (fig.3, 310), a VR alert to the driver by (i) stopping the VR feed (fig. 6J-6K, [0007] fig. 7A), and (ii) displaying the VR alert on the VR display (fig. 6J-6K).
Therefore, it would have been obvious to one of the ordinary skilled in the art to combine Lake-Schaal in light of Boule teaching so that it may include providing, via the one or more processors, a VR alert to the driver by (i) stopping the VR feed, and (ii) displaying the VR alert on the VR display.
The motivation is to provide method that includes, while the device is in communication with an alert system integrated into a vehicle that is operating with at least a respective degree of autonomous control, displaying, on the display, a user interface that is unrelated to operating the vehicle.
Regarding claim 2 Lake-Schaal in view of Boule teach wherein providing the VR alert comprises, via the one or more processors, overlaying the VR alert onto the VR feed (Boule: fig. 6J-6K).
Regarding claim 3 Lake-Schaal in view of Boule teach wherein the VR alert comprises an indication that the driver should take control of the vehicle (Boule: fig. 6F).
Regarding claim 7 Lake-Schaal teach herein the VR feed comprises the VR video game ([0069]).
Regarding claim 8 Lake-Schaal in view of Boule teach computer system (fig.2) configured to provide virtual reality (VR) alerts ([0126]) to a driver of an autonomous vehicle ([0023]), the computer system comprising one or more local or remote processors, transceivers ([0247] The apparatus 2500 may include a transceiver 2512 configured as a wireless transmitter/receiver), and/or sensors ([0247] apparatus 2500 may include, or may be connected to, one or more biometric sensors 2514) configured to:
receive an indication that a driver of a vehicle is accessing a VR feed on a VR display, wherein the VR feed comprises a VR movie or a VR video game ([0069]);
receive an indication that the vehicle is driving in an autonomous mode ([0023] [0072]);
Lake-Schaal is silent on provide a VR alert to the driver by (i) stopping the VR feed, and (ii) displaying the VR alert on the VR display.
However, Boule teaches provide a VR alert to the driver by (i) stopping the VR feed (fig. 6J-6K, [0007] fig. 7A), and (ii) displaying the VR alert on the VR display (fig. 6J-6K).
Therefore, it would have been obvious to one of the ordinary skilled in the art to combine Lake-Schaal in light of Boule teaching so that it may include provide a VR alert to the driver by (i) stopping the VR feed, and (ii) displaying the VR alert on the VR display.
The motivation is to provide method that includes, while the device is in communication with an alert system integrated into a vehicle that is operating with at least a respective degree of autonomous control, displaying, on the display, a user interface that is unrelated to operating the vehicle.
Regarding claim 9 Lake-Schaal in view of Boule teach wherein providing the VR alert comprises overlaying the VR alert onto the VR feed (Boule: fig. 6J-6K).
Regarding claim 10 the limitations are similar to the limitations of claim 3 so rejected same way.
Regarding claim 14 Lake-Schaal in view of Boule teach wherein the VR feed comprises the VR movie.
Regarding claim 15 Lake-Schaal in view of Boule teach a computer device (fig.2) for providing virtual reality (VR) alerts ([0126]) to a driver of an autonomous vehicle ([0023]), the computer device comprising: one or more processors (fig.2); and one or more non-transitory memories (fig.2) coupled to the one or more processors; the one or more non-transitory memories including computer executable instructions stored therein that, when executed by the one or more processors, cause the one or more processors ([0287]).
The other limitations are similar to the limitations of claim 8 so rejected same way.
Regarding claim 16 the limitations are similar to the limitations of claim 9 so rejected same way.
Regarding claim 17 the limitations are similar to the limitations of claim 10 so rejected same way.
Regarding claim 20 the limitations are similar to the limitations of claim 7 so rejected same way.
Claim(s) 4, 11, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lake-Schaal (US 20240335738) in view of Boule (US 20180334175) as claim 1 above and further in view of Bandi (US 11405763).
Regarding claim 4 Lake-Schaal is silent on wherein the VR alert comprises an indication of a distance to an upcoming area.
However, Bandi teaches wherein the VR alert comprises an indication of a distance to an upcoming area (col.9, Responsive to the vehicle 102 entering or being headed into a tolled area, the STA 202 may provide an alert to the user as HMI feedback 214 via the HMI 114. This alert may indicate, for instance, the upcoming toll area, a distance from the toll area, a cost for entering the toll areas, etc.).
Therefore, it would have been obvious to one of the ordinary skilled in the art to combine Lake-Schaal in light of Bandi teaching so that it may include wherein the VR alert comprises an indication of a distance to an upcoming area.
The motivation is to provide driver warning of toll usage message indicative of the tolled roadway usage.
Regarding claim 11 the limitations are similar to the limitations of claim 4 so rejected same way.
Regarding claim 18 the limitations are similar to the limitations of claim 11 so rejected same way.
Claim(s) 5, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lake-Schaal (US 20240335738) in view of Boule (US 20180334175) as claim 1 above and further in view of Lobato (US 20150241235).
Regarding claim 5 Lake-Schaal is silent on a request to the driver to receive training for traversing an upcoming area; and the computer-implemented method further comprises: in response to the driver accepting the request to receive the training, providing, via the one or more processors, the training for traversing the upcoming area on the VR display.
However, Lobato teaches a request to the driver to receive training for traversing an upcoming area; and the computer-implemented method further comprises: in response to the driver accepting the request to receive the training, providing, via the one or more processors (fig.1), the training for traversing the upcoming area on the VR display (fig.2).
Therefore, it would have been obvious to one of the ordinary skilled in the art to combine Lake-Schaal in light of Lobato teaching so that it may include a request to the driver to receive training for traversing an upcoming area; and the computer-implemented method further comprises: in response to the driver accepting the request to receive the training, providing, via the one or more processors, the training for traversing the upcoming area on the VR display.
The motivation is to provide an in-vehicle system and method for selecting and displaying on a roadmap upcoming waypoints and associated information, including an estimated time to arrival at the waypoints.
Regarding claim 12 the limitations are similar to the limitations of claim 5 so rejected same way.
Claim(s) 6, 13, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lake-Schaal (US 20240335738) in view of Boule (US 20180334175) as claim 1 above and further in view of Woodell (US 8773299).
Regarding claim 6 Lake-Schaal is silent on wherein the VR alert is color coded based upon a distance to an upcoming area.
However, Woodell teaches wherein the VR alert is color coded based upon a distance to an upcoming area (col:6, warning (audible or visual) can be made to the pilot. The warning can be color coded based upon the distance from aircraft 300).
Therefore, it would have been obvious to one of the ordinary skilled in the art to combine Lake-Schaal in light of Woodell teaching so that it may include wherein the VR alert is color coded based upon a distance to an upcoming area.
The motivation is to provide a system and method to determine obstacle.
Regarding claim 13 the limitations are similar to the limitations of claim 6 so rejected same way.
Regarding claim 19 the limitations are similar to the limitations of claim 13 so rejected same way.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20190383631
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/TOWFIQ ELAHI/ Primary Examiner, Art Unit 2625