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 is the initial office action has been issued in response to patent application, 19/196893, filed on 02 May 2025 with a foreign priority date of 24 September 2024. Claims 1-12, as originally filed, are currently pending and have been considered below.
Information Disclosure Statement
The information disclosure statement filed 05/02/2025 and 09/16/2025 complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 and the information referred to therein has been considered as to the merits.
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 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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Herman et al. (US2022/0318425 A1, publish date 10/06/2022).
Claims 1, 11, 12:
With respect to claims 1, 11, 12, Herman et al. discloses a consent confirmation device/method (a computing device 702 for ensuring privacy consent for the handling of occupant vehicle data 106, 0051, Figure 7)/ a computer-readable, non-transitory storage medium storing a computer program for consent confirmation (storage 706, processor 704, Figure 7), which causes a processor to execute a process, the process comprising:
a processor configured to confirm whether or not an occupant of a vehicle consents to provision of data acquired in the vehicle when occupant identification information identifying the occupant does not match consenter identification information identifying a consenter who has consented to provision of the data (A storage maintains an identity database. A controller is programmed to identify a feature identification vector indicative of an identity of a vehicle occupant, query, using the feature identification vector, to identify the identity of the vehicle occupant, request consent for use of vehicle data responsive to the identity of the vehicle occupant not being indicated by the query as having consented to data collection, and upload vehicle data in accordance with whether the consent was granted for the vehicle occupant, 0003) (the vehicle 102 determines whether a consenting occupant is identified, If not, control passes to operation 212 to display a consent request., the vehicle 102 displays the consent request, 0031-0033, Figure 2) (Figure 3).
Claim 2:
With respect to claim 2, Herman et al. discloses wherein the processor is further configured to determine whether or not the occupant identification information matches the consenter identification information in the vehicle (consenting occupant identified, Figure 2, 204, 206).
Claim 3:
With respect to claim 3, Herman et al. discloses wherein the processor is further
configured to manage the data, and store the data in a storage device of the vehicle but not provide the data outside of the vehicle, either until it has been determined that the occupant identification information matches the consenter identification information, or until it can be confirmed that the occupant has consented to provision of the data (identification of & consent by the occupant, 0017) (transmission of data based on consent, 0018) (storage of vehicle data, 0019) ( Figure 7 management unit and storage device).
Claim 4:
With respect to claim 4, Herman et al. discloses wherein the processor is further
configured to discard the data when the occupant identification information and the consenter identification information do not match and the occupant has not consented to provision of the data (the vehicle 102 discards personal information in the vehicle data 106 with respect to the occupant. This may be done, for example, in accordance with privacy settings 112 of the vehicle occupant. 0036)
Claim 5:
With respect to claim 5, Herman et al. discloses wherein the processor is further
configured to determine that the occupant identification information matches the consenter identification information when the occupant identification information satisfies determination condition generated based on the consenter identification information (The determination condition of the confirming unit, the control, is the matching od feature identification vectors, 0003).
Claim 6:
With respect to claim 6, Herman et al. discloses wherein the consenter identification information includes identification information for multiple consenters, and the processor is further configured to generate the determination condition based on identification information from the multiple consenters (a driver may consent, thereby allowing driver behavior to be transmitted but a passenger setting the radio station may not consent, such that the system would not send data on media analytics or full debug data in case of an infotainment system issue, 0050).
Claim 7:
With respect to claim 7, Herman et al. discloses wherein the consenter identification information includes terminal identification information identifying a terminal of the consenter, a parking location of the vehicle, registered country information for the vehicle, owner information for the vehicle, biometric information for the consenter or vehicle operation information for the consenter (other instances other metrics may be used to determine feature identification vectors to use to identify occupants, 0047) (vehicle location, vehicle data, speech recognition event, Figure 4)
Claim 8:
With respect to claim 8, Herman et al. discloses wherein the data acquired in the
vehicle includes specific data which specify the occupant (maintain feature identification vectors associated with an occupant account that include information that may be used to identify the occupant. a facial identification vector including information for, in an example, visually identifying an occupant using an image captured from an in-vehicle camera. In another example, the feature identification vector may include other information, such as a combination of various driver behavior data, 0023).
Claim 9:
With respect to claim 9, Herman et al. discloses wherein the processor is further
configured to register the occupant identification information as the consenter identification information when it has been confirmed that the occupant has consented to provision of the data (the vehicle 102 stores the consent with the occupant features in the identity database 110. Accordingly, the next time the occupant uses the vehicle 102, the vehicle 102 may recognize that the user has consented , 0035).
Claim 10:
With respect to claim 10, Herman et al. discloses wherein the processor is further
configured to provide the data outside of the vehicle when the occupant identification
information matches the consenter identification information (if the occupant has consented, what specific elements of data may be offloaded from the vehicle 102 when the occupant is located within the vehicle 102, 0024).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, see PTO Form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Helai Salehi whose telephone number is 571-270-7468. The examiner can normally be reached on Monday - Friday from 9 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Jeff Pwu, can be reached on 571-272-6798. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HELAI SALEHI/ Examiner, Art Unit 2433
/JEFFREY C PWU/ Supervisory Patent Examiner, Art Unit 2433
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