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 .
Status of Claims
This Office Action is in response to the application filed on 18 June 2025. Claims 12-31 are presently pending and are presented for examination. Claims 1-11 were previously cancelled.
Information Disclosure Statement
The Information Disclosure Statement(s) was/were submitted on 18 June 2025. The submission(s) is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the Information Disclosure Statement(s) is/are being considered by the Examiner.
Priority
Acknowledgement is made of applicant’s claim for foreign priority based on an application DE102024118464.7 filed in Federal Republic of Germany on 28 June 2024.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim(s) 12-13, 18*, 22-24, 26, and 31 is/are objected to because of the following informalities:
Claim 12: “wherein the component is movable” should be “wherein the at least one component is movable”;
Claim 13: “to be executed by the component” should be “to be executed by the at least one component”;
Claim 18* (the second claim 18) should be claim 19;
Claim 22: “detectable by the sensor” should be “detectable by the at least one sensor”;
Claim 22: “wherein the sensor is positioned” should be “wherein the at least one sensor is positioned”;
Claim 23: “executed by the component” should be “executed by the at least one movable component”;
Claim 24: “detected by the sensor” should be “detected by the at least one sensor”;
Claim 26: “detect the multiple components by the sensor” should be “detect the multiple components by the at least one sensor”; and
Claim 31: “wherein the sensor” should be “wherein the at least one sensor”.
Appropriate correction is required.
Specification
The disclosure is objected to because of the following informalities:
Paragraph 00066: “…a movable vehicle (side) window 28F…” should be “…a movable vehicle (side) window 28D…” to match FIG. 1.
Appropriate correction is required.
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.
Claim(s) 12-21 is/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.
Claim 12 recites the limitation "the sensor" in the third line of the claim. There is insufficient antecedent basis for this limitation in the claim. As claims 13-21 depend on claim 12, they are similarly rejected.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claim(s) 12-31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US-20190114924-A1, hereinafter “Bergquist”.
Regarding claim 22, and analogous claim 12: Bergquist discloses A system (Bergquist, para. 0009: “…an ego vehicle [i.e., A system] detecting a communicating vehicle by means of wireless vehicle to vehicle communication…”) comprising:
at least one sensor (Bergquist, para. 0009: “…the ego vehicle detecting a vehicle by means of a sensor onboard the ego vehicle [i.e., at least one sensor]…”);
a system control device coupled to the sensor (Bergquist, para. 0031: “The ego vehicle 10 comprises an on-board sensor 16, a vehicle to vehicle communication unit 18, and an electronic control unit 20...The on-board sensor 16 [i.e., at least one sensor], the vehicle to vehicle communication unit 18, and the optional GPS receiver 22 may be connected to the electronic control unit 20 [i.e., a system control device coupled to the sensor].”); and
a vehicle including a vehicle control device (Bergquist, para. 0032: “The communicating vehicle 12 [i.e., a vehicle] also comprises a vehicle to vehicle communication unit 24 and an electronic control unit 26 [i.e., a vehicle control device]…The electronic control unit 26 may perform or control various steps of the present method.”) and
at least one movable component, the at least one movable component being detectable by the sensor and coupled to the vehicle control device (Bergquist, para. 0015: “The action may be at least one of an acceleration profile, a steering profile [i.e., at least one movable component…coupled to the vehicle control device], and flashing at least one rear light of the communicating vehicle. The at least one rear light may for example be the brake lights of the communicating vehicle. Another action may be the communicating vehicle altering its lateral position relative to a lane marker, and this may be detected by the aforementioned camera [i.e., the at least one movable component being detectable by the sensor].”);
wherein the sensor is positioned to detect the vehicle and to detect a movement pattern executed by the at least one movable component of the vehicle (Bergquist, para. 0015: “The action may be at least one of an acceleration profile, a steering profile, and flashing at least one rear light of the communicating vehicle. The at least one rear light may for example be the brake lights of the communicating vehicle. Another action may be the communicating vehicle altering its lateral position relative to a lane marker, and this may be detected by the aforementioned camera [i.e., the sensor is positioned to detect the vehicle and to detect a movement pattern executed by the at least one movable component of the vehicle].”);
the system control device and the vehicle control device are couplable to one another (Bergquist, para. 0018: “…the ego vehicle [i.e., the system control device] receiving information from the communicating vehicle [i.e., the vehicle control device] by means of wireless vehicle to vehicle communication [i.e., the system control device and the vehicle control device are couplable to one another]…”);
the vehicle control device is programmed to control the at least one movable component of the vehicle to execute a movement pattern based on an identifier (Bergquist, para. 0009: “…the ego vehicle sending an identification request [i.e., based on an identifier] to the communicating vehicle by means of wireless vehicle to vehicle communication, wherein the identification request instructs the communicating vehicle to perform an action [i.e., the vehicle control device is programmed to control the at least one movable component of the vehicle to execute a movement pattern]…”; para. 0015: “The action may be at least one of an acceleration profile, a steering profile, and flashing at least one rear light of the communicating vehicle [i.e., the vehicle control device is programmed to control the at least one movable component of the vehicle to execute a movement pattern]. The at least one rear light may for example be the brake lights of the communicating vehicle. Another action may be the communicating vehicle altering its lateral position relative to a lane marker [i.e., the vehicle control device is programmed to control the at least one movable component of the vehicle to execute a movement pattern], and this may be detected by the aforementioned camera.”);
the system control device is programmed to: read the identifier from a database including respective identifiers and vehicle types, the database being independent of data about individual vehicles (Bergquist, para. 0022: “The invention also relates to a computer program comprising program code [i.e., the system control device is programmed to] means for performing steps of the first or second aspect of the invention when said program is run on a computer.”; para. 0023: “The invention also relates to a computer readable medium carrying a computer program comprising program code means for performing steps of the first or second aspect of the invention when said program product is run on a computer [i.e., read the identifier from a database including respective identifiers and vehicle types, the database being independent of data about individual vehicles].”);
forward the identifier to the vehicle control device (Bergquist, para. 0020: “The method may further comprise: the communicating vehicle receiving [i.e., forward…to the vehicle control device] the identification request [i.e., the identifier] from the ego vehicle, and performing the action.”); and
identify the vehicle based on the detected movement pattern independently of a license plate of the vehicle (Bergquist, para. 0038: “Having received the identification request from the ego vehicle 10 (via the vehicle to vehicle communication unit 24), the communicating vehicle 12 automatically performs the requested action, i.e. accelerates according to the acceleration profile.”; para. 0039: “The ego vehicle 10 then determines whether or not the preceding vehicle 14 performed the predetermined action that the communicating vehicle 12 was requested to perform...To determine whether the preceding vehicle 14 performed the predetermined action, the ego vehicle 10 compares the received data with data from the on-board sensor 16 for the period defined by aforementioned start and end times. That is, the ego vehicle 10 compares the received acceleration and velocity of the communicating vehicle 12 with any varying distance to the preceding vehicle detected by the on-board sensor 16 for the period when the action is or was performed. If the data match, the ego vehicle 10 determines that the preceding vehicle 14 did perform the predetermined action, whereby the ego vehicle 10 concludes that the communicating vehicle 12 and the following vehicle 14 are the same (FIG. 1a ) [i.e., identify the vehicle based on the detected movement pattern independently of a license plate of the vehicle]. On the other hand, if the data do not match, the ego vehicle 10 determines that the preceding vehicle 14 did not perform the predetermined action, whereby the ego vehicle 10 concludes that the communicating vehicle 12 and the following vehicle 14 are not the same (FIG. 1b ) [i.e., identify the vehicle based on the detected movement pattern independently of a license plate of the vehicle].”).
Regarding claim 23, and analogous claim 13: Bergquist discloses The system of claim 22,
wherein a distinct movement pattern to be executed by the component is stored in the identifier (Bergquist, para. 0009: “…the ego vehicle detecting a vehicle by means of a sensor onboard the ego vehicle; the ego vehicle sending an identification request to the communicating vehicle by means of wireless vehicle to vehicle communication, wherein the identification request instructs the communicating vehicle to perform an action [i.e., a distinct movement pattern to be executed by the component is stored in the identifier]…”; para. 0016: “The action may be predetermined. That is, the action may have been decided offline, and the identification request only tells the communicating vehicle to perform that action. Alternatively the identification request may also include a description of the action to be performed [i.e., a distinct movement pattern to be executed by the component is stored in the identifier]. In another alternative, the identification request may instruct the communicating vehicle to perform any action.”), and
the vehicle control device is further programmed to: ascertain the distinct movement pattern based on the received identifier (Bergquist, para. 0020: “…the communicating vehicle [i.e., the vehicle control device] receiving the identification request [i.e., the received identifier] from the ego vehicle, and performing the action [i.e., ascertain the distinct movement pattern].”); and
control the at least one movable component to execute the distinct movement pattern (Bergquist, para. 0038: “Having received the identification request from the ego vehicle 10 (via the vehicle to vehicle communication unit 24), the communicating vehicle 12 [i.e., the vehicle control device] automatically performs the requested action [i.e., execute the distinct movement pattern], i.e. accelerates according to the acceleration profile [i.e., control the at least one movable component to execute the distinct movement pattern].”).
Regarding claim 24, and analogous claim 14: Bergquist discloses The system of claim 23,
wherein the system control device is further programmed to identify the vehicle by comparing the movement pattern detected by the sensor with the distinct movement pattern that is stored in the identifier (Bergquist, para. 0039: “The ego vehicle 10 [i.e., the system control device] then determines whether or not the preceding vehicle 14 performed the predetermined action that the communicating vehicle 12 was requested to perform. To this end, the ego vehicle 10 receives data from the communicating vehicle 12 via wireless vehicle to vehicle communication, which data is related to the predetermined action. In this embodiment, where the predetermined action is an acceleration profile, the received data includes acceleration and velocity of the communicating vehicle 12. To determine whether the preceding vehicle 14 performed the predetermined action, the ego vehicle 10 compares the received data with data from the on-board sensor 16 for the period defined by aforementioned start and end times [i.e., programmed to identify the vehicle by comparing the movement pattern detected by the sensor with the distinct movement pattern that is stored in the identifier]. That is, the ego vehicle 10 compares the received acceleration and velocity of the communicating vehicle 12 with any varying distance to the preceding vehicle detected by the on-board sensor 16 for the period when the action is or was performed. If the data match, the ego vehicle 10 determines that the preceding vehicle 14 did perform the predetermined action, whereby the ego vehicle 10 concludes that the communicating vehicle 12 and the following vehicle 14 are the same (FIG. 1a ) [i.e., programmed to identify the vehicle by comparing the movement pattern detected by the sensor with the distinct movement pattern that is stored in the identifier]. On the other hand, if the data do not match, the ego vehicle 10 determines that the preceding vehicle 14 did not perform the predetermined action, whereby the ego vehicle 10 concludes that the communicating vehicle 12 and the following vehicle 14 are not the same (FIG. 1b ) [i.e., programmed to identify the vehicle by comparing the movement pattern detected by the sensor with the distinct movement pattern that is stored in the identifier].”).
Regarding claim 25, and analogous claim 15: Bergquist discloses The system of claim 22,
wherein the movement pattern includes at least one frequency-dependent or amplitude-dependent variation of a movement of the at least one movable component of the vehicle (Bergquist, para. 0015: “The action may be at least one of an acceleration profile, a steering profile, and flashing at least one rear light of the communicating vehicle [i.e., the movement pattern includes at least one frequency-dependent or amplitude-dependent variation of a movement of the at least one movable component of the vehicle]. The at least one rear light may for example be the brake lights of the communicating vehicle. Another action may be the communicating vehicle altering its lateral position relative to a lane marker [i.e., the movement pattern includes at least one frequency-dependent or amplitude-dependent variation of a movement of the at least one movable component of the vehicle], and this may be detected by the aforementioned camera.”).
Regarding claim 26, and analogous claim 16: Bergquist discloses The system of claim 22,
wherein the at least one movable component includes multiple components (Bergquist, para. 0015: “The action may be at least one of an acceleration profile, a steering profile [i.e., wherein the at least one movable component includes multiple components], and flashing at least one rear light of the communicating vehicle. The at least one rear light may for example be the brake lights of the communicating vehicle. Another action may be the communicating vehicle altering its lateral position relative to a lane marker [i.e., wherein the at least one movable component includes multiple components], and this may be detected by the aforementioned camera.”),
wherein the vehicle control device is further programmed to execute the movement pattern by the multiple components (Bergquist, para. 0015: “Another action may be the communicating vehicle altering its lateral position relative to a lane marker [i.e., the vehicle control device is further programmed to execute the movement pattern by the multiple components], and this may be detected by the aforementioned camera.”), and
the system control device is further programmed to detect the multiple components by the sensor (Bergquist, para. 0015: “Another action may be the communicating vehicle altering its lateral position relative to a lane marker, and this may be detected by the aforementioned camera [i.e., the system control device is further programmed to detect the multiple components by the sensor].”).
Regarding claim 27, and analogous claim 17: Bergquist discloses The system of claim 22,
wherein the system control device and the vehicle control device are wirelessly couplable to one another (Bergquist, para. 0018: “…the ego vehicle [i.e., the system control device] receiving information from the communicating vehicle [i.e., the vehicle control device] by means of wireless vehicle to vehicle communication [i.e., are wirelessly couplable to one another]…”).
Regarding claim 28, and analogous claim 18: Bergquist discloses The system of claim 22,
wherein the system control device is further programmed to identify the vehicle based on a vehicle recognition means associated with the vehicle, the vehicle recognition means being further associated with the identifier (Bergquist, para. 0017: “Determining whether or not the vehicle detected by the sensor performed said action may further be based on data received from the communicating vehicle via wireless vehicle to vehicle communication, which received data is related to the action [i.e., the vehicle recognition means being further associated with the identifier], and wherein the ego vehicle [i.e., the system control device] compares the received data with data from the sensor for determining whether or not the vehicle detected by the sensor performed the action [i.e., to identify the vehicle based on a vehicle recognition means associated with the vehicle]. Determining whether or not the vehicle detected by the sensor performed the action may alternatively or complementary be done by the ego vehicle comparing data from the sensor with a description of the action. If the data and the description match, the vehicles are the same [i.e., to identify the vehicle].”).
Regarding claim 29, and analogous claim 19: Bergquist discloses The system of claim 22,
wherein the at least one movable component includes at least one of a wiper, a vehicle wheel, an exterior mirror, a sliding sun window, or a vehicle window (Bergquist, para. 0015: “The action may be at least one of an acceleration profile, a steering profile, and flashing at least one rear light of the communicating vehicle. The at least one rear light may for example be the brake lights of the communicating vehicle. Another action may be the communicating vehicle altering its lateral position relative to a lane marker [i.e., wherein the at least one movable component includes at least one of…a vehicle wheel], and this may be detected by the aforementioned camera.”).
Regarding claim 30, and analogous claim 20: Bergquist discloses The system of claim 22,
wherein the system control device is further programmed to detect the vehicle in relation to a predetermined detection space (Bergquist, FIGs. 1a and 1b; para. 0012: “The vehicle detected by the sensor may be a preceding vehicle directly ahead of the ego vehicle [i.e., the system control device is further programmed to detect the vehicle in relation to a predetermined detection space].”; para. 0030: “FIGS. 1a-b show a vehicle 10 and a communicating vehicle 12. The vehicle 10 may perform at least some of the steps of the present method, and is subsequently referred to as ego vehicle 10. The communicating vehicle 12 in FIG. 1a is also designated with reference sign 14, meaning that it is a preceding vehicle directly ahead of the ego vehicle 10 [i.e., the system control device is further programmed to detect the vehicle in relation to a predetermined detection space]. That is, there are no other vehicle(s) between the ego vehicle 10 and the communicating vehicle 12. The preceding vehicle 14 is typically in the same lane as the ego vehicle 10 [i.e., the system control device is further programmed to detect the vehicle in relation to a predetermined detection space].”).
Regarding claim 31, and analogous claim 21: Bergquist discloses The system of claim 22,
wherein the sensor includes at least one of a camera, radar, ultrasound, or LiDAR (Bergquist, para. 0014: “The sensor onboard the ego vehicle may be at least one of a radar, a lidar device, a camera, and one or more ultrasonic detectors.”).
Additional Relevant Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN-118182354-A (2024-06-14) | A vehicle diagnosis request is sent to a vehicle to test components with commanded target actions. The results of the actions are sent back to the initiating terminal.
DE-102022209336-A1 (2024-03-14) | “A first aspect of the invention relates to a system for supporting identification of a specific vehicle from a plurality of vehicles, comprising a central control unit with a radio transmission unit, and a communication module with an action module for a respective vehicle, the central control unit being designed to be a to assign the pattern of window positions and/or exterior mirror positions assigned to the respective vehicle and to transmit the assigned pattern to the respective communication module via the radio transmission unit, the respective action module being designed to detect the pattern received via the communication module and to determine the window positions and/or according to the received pattern. or adjust the exterior mirror positions of the vehicle with this action module.”
DE-102016200794-A1 (2017-07-27) | “Sending a request via a wireless communication network formed within a parking lot for a predetermined motor vehicle that the predetermined motor vehicle should perform a predetermined action, checking, after sending the request, whether a motor vehicle inside the parking lot has carried out or carried out the predetermined action, if the checking reveals that a motor vehicle within the parking lot is performing or has performed the predetermined action, authenticating the motor vehicle as the predetermined motor vehicle and locating the predetermined motor vehicle at a current position of the motor vehicle.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Leah N Miller whose telephone number is (703)756-1933. The examiner can normally be reached M-Th 8:30am - 5:30pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached at (571) 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.N.M./Examiner, Art Unit 3663
/ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663
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