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 .
Priority
Acknowledgment is made of priority based on Japanese Patent Application JP2024-053571 filed on March 28, 2024.
Information Disclosure Statement
Acknowledgment is made of the information disclosure statements filed on April 17, 2025. The U.S. patents and Foreign Patents have been considered.
Drawings
The drawings submitted on March 13, 2025 have been considered and accepted.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) ELEMENT IN CLAIM FOR A COMBINATION.—An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as "configured to" or "so that"; and
the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that: Claim 1 recites the limitation “an obtainer” and “a function controller.”
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-8 are 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.
In claims 1, 4, and 7, the term “capable” in “one or more lists of functions that are capable of being called,” is a relative term which renders the claim indefinite. The term “capable” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 2-6 are rejected under 35 U.S.C. 112(b) as they depend on claim 1.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because each of the claimed “an information management system” is a computer program per se (often referred to as “software per se”), see MPEP 2106.03. The claimed “an information management system” is not a judicial exception.
Claims 2-6 are rejected under 35 U.S.C. 101 as they depend on the rejected claim 1.
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sadakuni et al. (Pub. No. US 2024/0025431), hereinafter Sadakuni.
Claim 1. Sadakuni discloses an information management system that manages information stored in a mobile body (See Parag. [0002]; vehicle driving assistance system), the information management system comprising:
an obtainer that obtains an identification information item of a driver operating the mobile body (See Parag. [0063]; interior image recognizer 72 recognizes the face of the driver from the image captured by the interior camera 51. For example, the interior image recognizer 72 recognizes the face of the driver seated in the driver's seat using the image recognition algorithm described above … See also Parag. [0083-0084]);
a function library that stores, in association with each other, one or more identification information items of one or more drivers and one or more lists of functions that are capable of being called, the one or more identification information items including the identification information item, the one or more drivers including the driver (See Parag. [0063-0064]; the interior image recognizer 72 determines whether the driver whose face is recognized corresponds to any one of the registered drivers stored in the personalization table storage 80 (a function library). When the driver whose face is recognized corresponds to one of the registered drivers stored in the personalization table storage 80, the determiner 74 acquires from the personalization table storage 80 the driving assistance functions and the setting values thereof that are enabled for the corresponding registered driver … See also Parag. [0083-0084]); and
a function controller, wherein the function controller:
obtains a function information item related to a function for accessing an information item stored in the mobile body, the function being a function scheduled to be called by software executed in the mobile body (See Parag. [0064]; the determiner 74 acquires from the personalization table storage 80 the driving assistance functions and the setting values thereof that are enabled for the corresponding registered driver. Furthermore, based on the acquired setting values of the driving assistance functions, the determiner 74 controls the execution timing of the driving assistance functions, the amount of assisting operations, and the like, with respect to the alert controller 75 and the assisting operation controller 76. See also Parag. [0083-0084]);
determines whether the function related to the function information item is capable of being called, by referencing the function library using the identification information item of the driver operating the mobile body obtained and the function information item obtained; and calls the function based on a determination result obtained by the function controller (See Parag. [0065]; The personalization setter 81 performs personalization setting of the driving assistance functions for individual registered drivers who are drivers registered in the driver information register 82. The personalization setting includes enabling or disabling the plurality of driving assistance functions and changing the setting values of the enabled driving assistance functions … See Parag. [0092-0096]; When the registered driver stored in the the personalization table storage 80 changes the personalization settings, the personalization setter 81 executes the driving ability test on the driver if there is a new driving assistance function among the enabled driving assistance functions … the personalization setter 81 determines whether the driving assistance function that is switched from the disabled setting to the enabled setting is a new driving assistance function (S10). For example, the personalization table storage 80 stores the number of times each driving assistance function has been enabled for each registered driver as history data. In step S10, the history data are referenced by the personalization setter 81 … If the driving assistance function switched from the disabled setting to the enabled setting is not a new driving assistance function, the process flow ends in FIG. 7. On the other hand, if the driving assistance function switched from the disabled setting to the enabled setting is a new driving assistance function, the driving ability test is executed).
Claim 2. Sadakuni discloses the information management system according to claim 1,
Sadakuni further discloses wherein the identification information item of the driver operating the mobile body is obtained as a result of personal identification using an image obtained capturing the driver (See Parag. [0063]; interior image recognizer 72 recognizes the face of the driver from the image captured by the interior camera 51. For example, the interior image recognizer 72 recognizes the face of the driver seated in the driver's seat using the image recognition algorithm described above … See also Parag. [0083-0084]).
Claim 3. Sadakuni discloses the information management system according to claim 1,
Sadakuni further discloses wherein the identification information item of the driver operating the mobile body is obtained as a result of personal identification using communication with an identification device possessed by the driver (See Parag. [0083-0084]; when the driver performs a selection operation such as tapping the icon image, the driver information register 82 causes the input screen for the identification information of the driver to be displayed on the center display 40 via the display controller 92. The identification information may be, for example, an account name and password. Such identification information is stored in the personalization table storage 80. When the driver enters the identification information, the personalization setter 81 retrieves various setting data of the vehicle linked to the identification information from the personalization table storage 80).
Claim 4. Sadakuni discloses the information management system according to claim 1,
Sadakuni further discloses wherein a function information item is obtained for each scheduled call of a function by software executed in the mobile body, and each time a function information item is obtained, the function controller determines whether a function related to the function information item is capable of being called, and calls the function based on a determination result obtained by the function controller (See Parag. [0065]; The personalization setter 81 performs personalization setting of the driving assistance functions for individual registered drivers who are drivers registered in the driver information register 82. The personalization setting includes enabling or disabling the plurality of driving assistance functions and changing the setting values of the enabled driving assistance functions … See Parag. [0092-0096]; When the registered driver stored in the personalization table 80 the personalization settings, the personalization setter 81 executes the driving ability test on the driver if there is a new driving assistance function among the enabled driving assistance functions … the personalization setter 81 determines whether the driving assistance function that is switched from the disabled setting to the enabled setting is a new driving assistance function (S10). For example, the personalization table storage 80 stores the number of times each driving assistance function has been enabled for each registered driver as history data. In step S10, the history data are referenced by the personalization setter 81 … If the driving assistance function switched from the disabled setting to the enabled setting is not a new driving assistance function, the process flow ends in FIG. 7. On the other hand, if the driving assistance function switched from the disabled setting to the enabled setting is a new driving assistance function, the driving ability test is executed).
Claim 5. Sadakuni discloses the information management system according to claim 1,
Sadakuni further discloses wherein the identification information item of the driver operating the mobile body is obtained for each scheduled call of a function by software executed in the mobile body (See Parag. [0084]; When the driver enters the identification information, the personalization setter 81 retrieves various setting data of the vehicle linked to the identification information from the personalization table storage 80. The personalization setter 81 also displays the retrieved enable/disable settings and setting values of the various driving assistance functions on the center display 40 via the display controller 92. This allows the change of settings of the various driving assistance functions. See also Parag. [0064]), and
the function controller references the function library using an identification information item of a driver operating the mobile body that is newly obtained (See Parag. [0085-0087]; new registration of the driver can be carried out from the center display 40. For example, the driver information register 82 displays a new registration button image on the center display 40 via the display controller 92. When the driver who is an input person taps the new registration button image, the driver information register 82 displays the input screen for the name, account name, and password of the driver on the center display 40 via the display controller 92. On the other hand, the interior image recognizer 72 recognizes the face of the newly registered driver from the image captured by the interior camera 51. The driver information register 82 trims the recognized face image from the captured image and stores the image data in the personalization table storage 80 by linking the image data to the account name and the like).
Claim 6. Sadakuni discloses the information management system according to claim 1,
Sadakuni further discloses wherein the identification information item of the driver operating the mobile body is obtained after the mobile body is started (See Parag. [0083-0084]; when the driver performs a selection operation such as tapping the icon image, the driver information register 82 causes the input screen for the identification information of the driver to be displayed on the center display 40 via the display controller 92. The identification information may be, for example, an account name and password. Such identification information is stored in the personalization table storage 80. When the driver enters the identification information, the personalization setter 81 retrieves various setting data of the vehicle linked to the identification information from the personalization table storage 80), and
the function controller continues to use the identification information item obtained until the driver operating the mobile body leaves a seat (See Parag. [0063]; The interior image recognizer 72 recognizes the face of the driver from the image captured by the interior camera 51. For example, the interior image recognizer 72 recognizes the face of the driver seated in the driver's seat using the image recognition algorithm described above. Furthermore, the interior image recognizer 72 determines whether the driver whose face is recognized corresponds to any one of the registered drivers stored in the personalization table storage 80 … When the driver whose face is recognized corresponds to one of the registered drivers stored in the personalization table storage 80, the determiner 74 acquires from the personalization table storage 80 the driving assistance functions and the setting values thereof that are enabled for the corresponding registered driver. Furthermore, based on the acquired setting values of the driving assistance functions, the determiner 74 controls the execution timing of the driving assistance functions, the amount of assisting operations, and the like, with respect to the alert controller 75 and the assisting operation controller 76).
Claim 7. Sadakuni discloses an information management method for managing information stored in a mobile body, the information management method being executed by a computer, the information management method comprising:
obtaining an identification information item of a driver operating the mobile body (See Parag. [0063]; interior image recognizer 72 recognizes the face of the driver from the image captured by the interior camera 51. For example, the interior image recognizer 72 recognizes the face of the driver seated in the driver's seat using the image recognition algorithm described above … See also Parag. [0083-0084]);
obtaining a function information item related to a function for accessing an information item stored in the mobile body, the function being a function scheduled to be called by software executed in the mobile body (See Parag. [0064]; the determiner 74 acquires from the personalization table storage 80 the driving assistance functions and the setting values thereof that are enabled for the corresponding registered driver. Furthermore, based on the acquired setting values of the driving assistance functions, the determiner 74 controls the execution timing of the driving assistance functions, the amount of assisting operations, and the like, with respect to the alert controller 75 and the assisting operation controller 76. See also Parag. [0083-0084]);
determining whether the function related to the function information item is capable of being called, by referencing a function library that stores, in association with each other, one or more identification information items of one or more drivers and one or more lists of functions that are capable of being called, using the identification information item of the driver operating the mobile body obtained and the function information item obtained, the one or more identification information items including the identification information item, the one or more drivers including the driver; and calling the function based on a result of the determining (See Parag. [0063-0064]; the interior image recognizer 72 determines whether the driver whose face is recognized corresponds to any one of the registered drivers stored in the personalization table storage 80. When the driver whose face is recognized corresponds to one of the registered drivers stored in the personalization table storage 80, the determiner 74 acquires from the personalization table storage 80 the driving assistance functions and the setting values thereof that are enabled for the corresponding registered driver …. See Parag. [0065]; The personalization setter 81 performs personalization setting of the driving assistance functions for individual registered drivers who are drivers registered in the driver information register 82. The personalization setting includes enabling or disabling the plurality of driving assistance functions and changing the setting values of the enabled driving assistance functions … See Parag. [0092-0096]; When the registered driver stored in the personalization table storage 80 changes the personalization settings, the personalization setter 81 executes the driving ability test on the driver if there is a new driving assistance function among the enabled driving assistance functions … the personalization setter 81 determines whether the driving assistance function that is switched from the disabled setting to the enabled setting is a new driving assistance function (S10). For example, the personalization table storage 80 stores the number of times each driving assistance function has been enabled for each registered driver as history data. In step S10, the history data are referenced by the personalization setter 81 … If the driving assistance function switched from the disabled setting to the enabled setting is not a new driving assistance function, the process flow ends in FIG. 7. On the other hand, if the driving assistance function switched from the disabled setting to the enabled setting is a new driving assistance function, the driving ability test is executed, See also Parag. [0083-0084]).
Claim 8. Sadakuni discloses a non-transitory computer-readable recording medium having recorded thereon a program for causing a computer to execute the information management method according to claim 7 (See Parag. [0059]; the control program may be stored in a non-transitory computer-readable storage medium, such as a digital versatile disc (DVD), which is read and executed by the CPU).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (see PTO-form 892).
Liu (Pub. No. 2024//0416924) – to automobile (vehicle) transportation safety monitoring technologies, and specifically, to driving safety monitoring of operating vehicles such as road passenger transport, tourist passenger transport, hazardous chemical transport vehicles, freight vehicles, and school buses (See Parag. [0002]).
Penilla et al. (Patent No. US 9,916,071) – related to systems and methods for enabling passengers of vehicles to connect with electronics of the vehicle via mobile devices to access specific vehicle controls and cloud-based processing systems (See Col. 1 lines 56-59).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GHIZLANE MAAZOUZ whose telephone number is (571)272-8118. The examiner can normally be reached Telework M-F 7:30-5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip J Chea can be reached on 571-272-3951. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GHIZLANE MAAZOUZ/Examiner, Art Unit 2499
/PHILIP J CHEA/Supervisory Patent Examiner, Art Unit 2499
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