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
This action is in response to communications filed on 3/26/2025. Accordingly, claims 1-20 are pending.
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 following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: receiver module to, analyzer module to, content monitoring module to, and database building module to in claim 1; and receiver module to, content identification module to, content blocking module to and rendering module to in claim 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 this/these limitation(s) 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 it/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 it/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.
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.
Claims 1- 20—in particular Independent claims 1, 6 & 11—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. The following language in the claims below are not clearly understood and as such render the claims indefinite:
As per claims 1, 6 & 11: the claims recite “at least one of: modify and block media content recommendations for safe driving”; however, a set of choices is not present to select one of. It is unclear what applicant intended with this claim language, for purposes of examining the examiner will interpret this limitation to mean rendering of any media content.
Furthermore, regarding claims 3, 8 and 18: the claims recite the limitation of a “normal vehicle driving data” without clarifying what distinguishes a normal data from abnormal data. As such the examiner will interpret this to be any data related to the vehicle.
As per claims 2-5, 7-10, and 12-20 all depend from claims 1, 6 and 11 and as such rejected for having the same deficiencies as those presented above with respect to claims 1, 6 & 11.
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.
Claims 1- 20—in particular Independent claims 1, 6 & 11—are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claims recite receiving, analyzing, determining, fetching and mapping data. These limitations, as drafted, are processes that, under its broadest reasonable interpretation, covers performance of the limitations in the mind. But for the database/memory language, the claims encompass a user simply comparing the collected data to a predetermined/configurable threshold in his/her mind. The mere nominal recitation of a generic processor and/or memory does not take the claim limitation out of the mental processes grouping. Thus, the claims recite a mental process which is an abstract idea.
This judicial exception is not integrated into a practical application. The claims recite the elements of receiving, analyzing, determining, fetching and mapping and that a generic computer preform these steps. The receiving, analyzing, determining steps are recited at a high level of generality (i.e., as a general means of receiving/transmitting and storing data for use in the fetching and mapping steps), and as such they amount to mere data gathering, which is a form of insignificant extra-solution activity. The processor that performs the fetching and mapping steps is recited at a high level of generality, and merely automates the fetching and mapping steps. Each of the additional limitations are no more than mere instructions to apply the exception using a generic computer component (the processor/module/controller). The combination of these additional elements are no more than mere instructions to apply the exception using a generic computer component (the processor/module). Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application. The claims are directed to an abstract idea.
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed with respect to Step 2A Prong Two, the additional elements in the claim amount to no more than mere instructions to apply the exception using a generic computer component. The same analysis applies here in 2B and does not provide an inventive concept.
For the receiving, analyzing, determining, fetching and mapping steps were considered extra-solution activity in Step 2A, this has been re-evaluated in Step 2B and determined to be well-understood, routine, conventional activity in the field. The background does not provide any indication that the processor is anything other than a generic, off-the-shelf computer component, and the Symantec, TLI, and OIP Techs. court decisions (MPEP 2106.05(d)(II)) indicate that mere collection or receipt of data over a network is a well‐understood, routine, and conventional function when it is claimed in a merely generic manner (as it is here). For these reasons, there is no inventive concept. The claim is not patent eligible.
As per claims 2-5, 7-10, and 12-20 all depend from claims 1, 6 and 11 and as such rejected for having the same deficiencies as those presented above with respect to claims 1, 6 & 11.
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 113968224A (hereinafter 224).
224 discloses:
1: A database management system for dynamic content adaptation for safe driving, the database management system comprises:
a receiver module to receive vehicle driving data (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various driving modes—soothing, aggressive etc.);
an analyzer module to analyze the received vehicle driving data to determine one or more parameters pertaining to dangerous driving (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various driving modes—soothing, aggressive etc.);
a content monitoring module to (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various music styles—comfortable, aggressive etc.):
determine media content being played at each instance corresponding to the determined one or more parameters (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various music styles—comfortable, aggressive etc.);
fetch metadata corresponding to the determined media content (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various music styles according to music data); and
a database building module to map, in a database, a type of media content based on the fetched metadata with the determined one or more parameters for dynamic content adaptation to at least one of: modify and block media content recommendations for safe driving (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; matching driving modes and music style/content being played inside the vehicle).
2: wherein the vehicle driving data corresponds to at least one of: speed, acceleration, deceleration, steering wheel movements, location, turn signal, brakes, horn, camera, collision sensors, and dippers (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; driving mode to take into consideration the speed of the vehicle, acceleration and/or multiplication of acceleration related to driving mode).
3: wherein the analyzer module is further configured to compare the received vehicle driving data with normal vehicle driving data to determine the one or more parameters pertaining to dangerous driving (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various driving modes).
4: wherein the one or more parameters include at least one of: overspeeding, frequent lane changing, enabling of collision warnings, sudden acceleration, frequent use of brakes, excessing honking, and excessive use of dippers (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various driving modes—aggressive mode, soothing, relaxing etc.).
5: wherein the type of media content corresponds to at least one of: genre, singer, volume, intensity, title, duration, and repetitiveness (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various music styles according to music data).
6: A database management method for dynamic content adaptation for safe driving, the database management method comprises: receiving vehicle driving data; analyzing the received vehicle driving data to determine one or more parameters pertaining to dangerous driving; determining media content being played at each instance corresponding to the determined one or more parameters; fetching metadata corresponding to the determined media content; and mapping, in a database, a type of media content based on the fetched metadata with the determined one or more parameters for dynamic content adaptation to at least one of: modify and block media content recommendations for safe driving (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; see claim 1 above).
7: wherein the vehicle driving data corresponds to at least one of: speed, acceleration, deceleration, steering wheel movements, location, turn signal, brakes, horn, camera, collision sensors, and dippers (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various driving modes).
8: further comprises comparing the received vehicle driving data with normal vehicle driving data to determine the one or more parameters pertaining to dangerous driving (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various driving modes).
9: wherein the one or more parameters include at least one of: overspeeding, frequent lane changing, enabling of collision warnings, sudden acceleration, frequent use of brakes, excessing honking, and excessive use of dippers (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various driving modes).
10: wherein the type of media content corresponds to at least one of: genre, singer, volume, intensity, title, duration, and repetitiveness (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various music styles according to music data).
11: A dynamic content adaptation system for safe driving, the dynamic content adaptation system comprises: a receiver module to: receive media content to be played on an infotainment system of a vehicle; and fetch metadata corresponding to the received media content; a content identification module to identify a type of media content based at least on the fetched metadata; a content blocking module to: correlate the type of media content with one or more types of media content stored in a database; identify the media content to be played as a potentially dangerous media content for driving based on the correlation; and a rendering module to at least one of: modify and block the identified media content from rendering on the infotainment system of the vehicle for safe driving (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; see claim 1).
12: wherein the media content is received from at least one of: a content provider, an Over-The-Top (OTT) platform, a content broadcaster, a third-party device, a Frequency Modulation (FM) broadcaster, and an Amplitude Modulation (AM) broadcaster (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various music styles according to music data).
13: wherein when the media content is received from at least one of: the content provider, the Over-The-Top (OTT) platform, the content broadcaster, and the third-party device, then the fetched metadata for identifying the type of media content includes at least one of: embedded srt file, embedded teletext, title details, artist details, genre details, time details, and intensity details (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various music styles according to music data).
14: wherein when the media content is received from at least one of: the FM broadcaster and the AM broadcaster, then the content identification module is further configured to: add a delay of a pre-defined time interval before the media content is played on the infotainment system of the vehicle; analyze the media content by at least one of: audio decoding of the media content, video decoding of the media content, audio decoding of introductory content by Radio Jockey (RJ), and video decoding of introductory content by Video Jockey (VJ); and identify the type of media content based on the analyzed media content (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various music styles according to music data).
15: wherein modifying the identified media content before rendering on the infotainment system of the vehicle for safe driving corresponds to at least one of: decreasing volume, increasing volume, increasing speed, decreasing speed, muting, skipping the identified media content, pausing, and stopping (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various music styles according to music data).
16: wherein the database is built by a database management system by: receiving vehicle driving data; analyzing the received vehicle driving data to determine one or more parameters pertaining to dangerous driving; determining media content being played at each instance corresponding to the determined one or more parameters; fetching metadata corresponding to the determined media content; and mapping, in the database, a type of media content based on the fetched metadata with the determined one or more parameters for dynamic content adaptation to at least one of: modify and block media content recommendations for safe driving (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various music styles according to driving style).
17: wherein the vehicle driving data corresponds to at least one of: speed, acceleration, deceleration, steering wheel movements, location, turn signal, brakes, horn, camera, collision sensors, and dippers (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various driving styles).
18: wherein the analyzer module is further configured to compare the received vehicle driving data with normal vehicle driving data to determine the one or more parameters pertaining to dangerous driving (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various driving styles).
19: wherein the one or more parameters include at least one of: overspeeding, frequent lane changing, enabling of collision warnings, sudden acceleration, frequent use of brakes, excessing honking, and excessive use of dippers (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various driving styles).
20: wherein the type of media content corresponds to at least one of: genre, singer, volume, intensity, title, duration, and repetitiveness (see 224 at least fig. 1-7 and Abstract & Background & Disclosure of Invention; various music styles according to driving style).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
DE102010015742B4, directed towards a Method and System for adjusting content for an occupant of a vehicle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MACEEH ANWARI whose telephone number is 571-272-7591. The examiner can normally be reached on 9-9:30.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Angela Ortiz can be reached on 571-272-1206. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MACEEH . ANWARI
Primary Examiner
Art Unit 3663
/MACEEH ANWARI/ Primary Examiner, Art Unit 3663
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