DETAILED ACTION
Applicant’s arguments, filed on 11/07/2025, have been fully considered. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Applicants have amended their claims, filed on 11/07/2025, and therefore rejections newly made in the instant office action have been necessitated by amendment.
Claims 1-3, 6-8, 10-11, and 13-16 are the current claims hereby under examination.
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 .
Claim Rejections - 35 USC § 103
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 7-8, 10, and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Naito (JP 2015150150) in view of Kinoshita (WO 2019124087), Heneghan (WO 2015054134), Nakayama (WO 2006054542), and Kobayashi (JP 2017065504). Citations to JP 2015150150, WO 2019124087, WO 2006054542, and JP 2017065504 will refer to the English Machine Translations that accompany this Office Action.
Regarding independent claim 1, Naito teaches a fatigue estimation system (Abstract: “To provide an information providing device and program which can provide notification that a person is in a fatigue state by appropriately determining the fatigue state of the person”) comprising:
an information output device that outputs information regarding locations of body parts of a subject (Abstract: “A terminal device 4 includes a detection part 52 for detecting a state of a person”); and
an estimation device that estimates a posture of the subject based on the information output by the information output device ([0047]: “The detection unit 52 detects the state of the person 14 based on the observation data about the person 14. In the present embodiment, the detection unit 52 includes a first posture detection unit 520 that detects the posture of the person”), and estimates a fatigue level of the subject based on the posture estimated and a duration of the posture estimated ([0055]: “The determination unit 54 determines the degree of fatigue of the person 14 based on the state detected by the detection unit 52”; [0067]: “the judgment unit 54 determines, for each level of fatigue level, the duration of that state of fatigue level within the judgment period”), wherein:
the estimation device:
while detecting the posture changes; estimates the fatigue level with respect to a time period during which the posture continues to change ([0085]: “When the difference between the distance d1 and the distance d2 is larger than a predetermined threshold, the determination unit 54 compares the posture of the person 14 with a reference posture (in this example, a posture where d1≈d2 is set as a reference posture). It is determined that the posture is leaning forward or backrest. Then, the determination unit 54 determines the degree of fatigue according to the previous degree of leaning or backrest. That is, it is determined that the greater the degree of leaning or the backrest, the greater the degree of fatigue”; [0086]: “the degree of leaning is determined and the degree of fatigue is determined depending on whether the difference between the distance d1 and the distance d2 exceeds the thresholds Tha1, Tha2, Tha3 (where Tha1 <Tha2 <Tha3). The Further, the degree of backrest and the degree of fatigue are determined depending on whether or not the difference between the distance d1 and the distance d2 exceeds the threshold values Thb1, Thb2, Thb3 (where Thb1 <Thb2 <Thb3)”; [0092]: “the determination unit 54 calculates the degree of forward leaning and the degree of backrest from the reference posture based on the statistic deviation amount. For example, it has been experimentally known that the average value of the pressure value decreases when the user leans on a desk or a chair back against a standard posture. Further, it has been experimentally known that the kurtosis decreases in the forward posture, the center of gravity moves backward in the posture of the backrest, and the pressure value in the vicinity of both of them decreases. Further, it has been experimentally understood that the peak value decreases when the tired state is reached. It is expected that the posture will be judged from the deviation amount of the statistics so that the experimentally grasped result is reflected”; [0063]:“The determination unit 54 of the present embodiment determines the degree of fatigue of the person 14 based on a series of states of the person 14 within a predetermined period (hereinafter referred to as a determination target period) detected by the detection unit 52. . That is, it is not determined whether the person's 14 fatigue level has reached a predetermined standard fatigue level based on the state of the person 14 at a certain moment, but a series of states in the determination target period of the person 14”).
However, Naito does not teach wherein the estimation device estimates the fatigue level using a linear decreasing function indicating the fatigue level with respect to a time period during which the posture continues to change, wherein in the linear decreasing function used for the estimation of the fatigue level, the fatigue level decreases per unit time as an amount of the change in the posture increases.
Kinoshita discloses a biological state estimating device. Specifically, Kinoshita teaches the fatigue level decreases per unit time as an amount of the change in the posture increases ([0040]: “Possible driver movements include, for example, … changing the driving posture to reduce fatigue.”). Naito and Kinoshita are analogous arts as they both measure parameters to estimate the fatigue level of the user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include a change in posture indicating reduced fatigue from Kinoshita into the device from Naito, as the device from Naito detects the degree of posture change over time, but not the amount of changes in posture time, and including change of posture indicating reduced fatigue from Kinoshita allows the device to account for the reduction in fatigue that comes from the user changing their posture.
However, the Naito/Kinoshita combination does not teach the decreasing function as a linear function.
Heneghan teaches a fatigue monitoring and management system. Specifically, Heneghan teaches estimating the fatigue level using a linear function ([44]: “Use of a linear model to monitor fatigue (and daytime sleepiness levels) based on the last 24, 48, 72 hours and longer past periods”; [52]: “the assessment generating may include applying a linear classifier to the one or more data sources”). Naito, Kinoshita, and Heneghan are analogous arts as they all measure parameters to estimate the fatigue level of the user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the use of a linear function from Heneghan into the Naito/Kinoshita combination as the combination is silent on the type of function used to determine the fatigue level, and Heneghan discloses a suitable function in an analogous device.
However, the Naito/Kinoshita/Heneghan combination does not teach while not detecting the posture changes; calculates, using a musculo-skeletal model or measured data, an estimated value of at least one of an amount of load imposed on a muscle, an amount of load imposed on a joint, or a blood flow rate of the subject which results from keeping of the posture estimated, estimates the fatigue level using an increasing function indicating the fatigue level within respect to the duration of the posture estimated, wherein in the increasing function used for the estimation of the fatigue level, the fatigue level increases per unit time as the corrected estimated value increases.
Nakayama discloses a fatigue judgement system. Specifically, Nakayama teaches while not detecting the posture changes; calculates, using a musculo-skeletal model or measured data, an estimated value of at least one of an amount of load imposed on a muscle, an amount of load imposed on a joint, or a blood flow rate of the subject which results from keeping of the posture estimated, estimates the fatigue level with respect to the duration of the posture estimated, wherein in the increasing function used for the estimation of the fatigue level, the fatigue level increases per unit time as the corrected estimated value increases ([0024]: “The inventor also noticed that blood flow is closely related to heart rate, and that when the heart rate decreases, the blood flow also decreases, and when one becomes tired and sleepy, the heart rate also decreases”; [0086]: “fatigue level is determined based on changes in posture (Figure 2) and blood flow (Figure 7)”. The device monitors the blood flow over time, and a greater decrease in blood flow indicates a higher fatigue level.). Naito, Kinoshita, Heneghan, and Nakayama are analogous arts as they all measure parameters to estimate the fatigue level of the user.
However, the Naito/Kinoshita/Heneghan/Nakayama combination does not teach the increasing function as a linear function.
Specifically, Heneghan teaches estimating the fatigue level using a linear function ([44]: “Use of a linear model to monitor fatigue (and daytime sleepiness levels) based on the last 24, 48, 72 hours and longer past periods”; [52]: “the assessment generating may include applying a linear classifier to the one or more data sources”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the use of a linear function from Heneghan into the Naito/Kinoshita/Heneghan/Nakayama combination as the combination is silent on the type of function used to determine the fatigue level, and Heneghan discloses a suitable function in an analogous device.
However, the Naito/Kinoshita/Heneghan/Nakayama combination does not teach the fatigue estimation system further comprises a chair that lowers the fatigue level of the subject by promoting blood circulation of the subject by performing at least one of: application of a voltage to the subject; incrementation of pressure applied to the subject; application of a vibration to the subject; incrementation of a temperature applied to the subject; or changing an arrangement of parts of the chair, to actively change the posture of the subject using the chair, in response to receiving a recovery signal, which is generated by the estimation device in response to detecting that the fatigue level is equal to or higher than a recovery threshold.
Kobayashi discloses a seat control apparatus that determines a user’s fatigue level and moves a seat in response to a fatigue level being detected. Specifically, Kobayashi teaches the fatigue estimation system further comprises a chair that lowers the fatigue level of the subject by promoting blood circulation of the subject by performing at least one of:
application of a voltage to the subject;
incrementation of pressure applied to the subject;
application of a vibration to the subject;
incrementation of a temperature applied to the subject; or
changing an arrangement of parts of the chair,
to actively change the posture of the subject using the chair, in response to receiving a recovery signal, which is generated by the estimation device in response to detecting that the fatigue level is equal to or higher than a recovery threshold ([0014]: “The seat motion control unit 15 controls the seat motion of the seat 3 on which the occupant is seated according to the estimation result by the body state estimation unit 13. Specifically, when the occupant's physical state is a fatigue sign state, the seat motion control unit 15 performs control so that the seat 3 performs a fatigue suppression exercise that suppresses occupant fatigue. Further, when the occupant is in a fatigued state, the seat 3 is controlled to perform a fatigue recovery exercise for recovering the occupant's fatigue”; [0017]: “The actuator 23 moves the seat cushion 33 of the seat 3 shown in FIG. 2 in the front-rear direction and the up-down direction of the vehicle according to drive control by the seat control device”). Naito, Kinoshita, Heneghan, Nakayama, and Kobayashi are analogous arts as they all measure parameters to estimate the fatigue level of the user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention by incorporating the seat motion control unit from Kobayashi into the system of the Naito/Kinoshita/Heneghan/Nakayama combination, as it allows the user to be moved with the intent to wake up the user or decrease their fatigue level, keeping them safe and alert.
Regarding claim 2, the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination teaches the fatigue estimation system according to claim 1, wherein the information output device is an imaging device that captures an image of the subject and outputs the image as the information (Naito, [0038]: “the first photographing device 6 is a camera equipped with a distance image sensor, and is configured to photograph a distance image, and photographs the person 14 seated on the chair 12 from the front of the person 14. Thereby, three-dimensional data is obtained from the first photographing device 6 as photographing data”), and the estimation device estimates the posture of the subject based on the image output by the imaging device (Naito, [0038]: “The first photographing device 6 is a camera that photographs a seated person in order to determine the posture of the person”).
Regarding claim 7, the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination teaches the fatigue estimation system according to claim 4, wherein the estimation device (i) calculates the estimated value for each of two or more body parts including a first part (Naito, [0038]: “The first photographing device 6 is a camera that photographs a seated person in order to determine the posture of the person”) and a second part (Naito, [0040]: “The second photographing device 8 is a camera that photographs the face of the person 14 in order to determine the facial expression of the person 14”) among the body parts of the subject, and (ii) estimates, for one posture of the subject, at least a first fatigue level of the first part based on the estimated value calculated for the first part (Naito, [0140]: “the determination unit 54 determines the fatigue level as one of 1 to 4 based on the detection result of the first posture detection unit 520”) and a second fatigue level of the second part based on the estimated value calculated for the second part (Naito, [0103]: “the fatigue level is determined based on the detection result of the facial expression detection unit 526”).
Regarding claim 8, the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination teaches the fatigue estimation system according to claim 1, further comprising: a pressure sensor that outputs a pressure distribution indicating a distribution of pressure given to a detection face of the pressure sensor (Naito, [0041]: “The pressure measuring device 10 is a measuring device that measures pressure applied to a seating surface on which a person is seated”), wherein the estimation device corrects the estimated posture of the subject based on the pressure distribution output by the pressure sensor, and calculates the estimated value required for keeping the corrected posture (Naito, [0047]: “The detection unit 52 detects the state of the person 14 based on the observation data about the person 14. In the present embodiment, the detection unit 52 includes a first posture detection unit 520 that detects the posture of the person 14 based on the shooting data obtained by the first shooting device 6, and the person 14 based on the measurement data obtained by the pressure measurement device 10”).
Regarding claim 10, the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination teaches the fatigue estimation system according to claim 1, further comprising: a display device that displays, to the subject, a warning message as a result of the estimation of the fatigue level (Naito, [0125]: “the information providing unit 56 provides the person 14 with the information on the provided content read in step 210. For example, when the read information is display information, it is displayed on the UI unit 28”; [0056]: “The information providing unit 56 provides information to the person 14 by, for example, voice, music, alarm sound, display, or the like”), the display of the warning message being triggered by the fatigue level of the subject reaching a first threshold, the fatigue level being estimated by the estimation device (Naito, [0067]: “the judgment unit 54 determines, for each level of fatigue level, the duration of that state of fatigue level within the judgment period, regardless of which of the detection units 520-526 detected that level of fatigue level, and judges whether the value calculated based on the determined duration exceeds a predetermined threshold value. If the fatigue level exceeds a predetermined threshold, the judgment unit 54 judges that the fatigue level of the person 14 satisfies the predetermined fatigue level standard, and if the fatigue level is equal to or less than the predetermined threshold, the judgment unit 54 judges that the fatigue level of the person 14 does not satisfy the predetermined fatigue level standard”).
Regarding independent claim 13, Naito teaches an estimation device (Abstract: “To provide an information providing device and program which can provide notification that a person is in a fatigue state by appropriately determining the fatigue state of the person”) comprising:
an obtainer that obtains information regarding locations of body parts of a subject (Abstract: “A terminal device 4 includes a detection part 52 for detecting a state of a person”);
a posture estimator that estimates a posture of the subject based on the information obtained by the obtainer ([0047]: “The detection unit 52 detects the state of the person 14 based on the observation data about the person 14. In the present embodiment, the detection unit 52 includes a first posture detection unit 520 that detects the posture of the person”) ; and
a fatigue estimator that estimates a fatigue level of the subject based on duration of the posture estimated by the posture estimator ([0055]: “The determination unit 54 determines the degree of fatigue of the person 14 based on the state detected by the detection unit 52”), wherein: the fatigue estimator:
while detecting the posture changes; estimates the fatigue level with respect to a time period during which the posture continues to change ([0085]: “When the difference between the distance d1 and the distance d2 is larger than a predetermined threshold, the determination unit 54 compares the posture of the person 14 with a reference posture (in this example, a posture where d1≈d2 is set as a reference posture). It is determined that the posture is leaning forward or backrest. Then, the determination unit 54 determines the degree of fatigue according to the previous degree of leaning or backrest. That is, it is determined that the greater the degree of leaning or the backrest, the greater the degree of fatigue”; [0086]: “the degree of leaning is determined and the degree of fatigue is determined depending on whether the difference between the distance d1 and the distance d2 exceeds the thresholds Tha1, Tha2, Tha3 (where Tha1 <Tha2 <Tha3). The Further, the degree of backrest and the degree of fatigue are determined depending on whether or not the difference between the distance d1 and the distance d2 exceeds the threshold values Thb1, Thb2, Thb3 (where Thb1 <Thb2 <Thb3)”; [0092]: “the determination unit 54 calculates the degree of forward leaning and the degree of backrest from the reference posture based on the statistic deviation amount. For example, it has been experimentally known that the average value of the pressure value decreases when the user leans on a desk or a chair back against a standard posture. Further, it has been experimentally known that the kurtosis decreases in the forward posture, the center of gravity moves backward in the posture of the backrest, and the pressure value in the vicinity of both of them decreases. Further, it has been experimentally understood that the peak value decreases when the tired state is reached. It is expected that the posture will be judged from the deviation amount of the statistics so that the experimentally grasped result is reflected”; [0063]:“The determination unit 54 of the present embodiment determines the degree of fatigue of the person 14 based on a series of states of the person 14 within a predetermined period (hereinafter referred to as a determination target period) detected by the detection unit 52. . That is, it is not determined whether the person's 14 fatigue level has reached a predetermined standard fatigue level based on the state of the person 14 at a certain moment, but a series of states in the determination target period of the person 14”).
However, Naito does not teach wherein the estimation device estimates the fatigue level using a linear decreasing function indicating the fatigue level with respect to a time period during which the posture continues to change, wherein in the linear decreasing function used for the estimation of the fatigue level, the fatigue level decreases per unit time as an amount of the change in the posture increases.
Kinoshita discloses a biological state estimating device. Specifically, Kinoshita teaches the fatigue level decreases per unit time as an amount of the change in the posture increases ([0040]: “Possible driver movements include, for example, … changing the driving posture to reduce fatigue.”). Naito and Kinoshita are analogous arts as they both measure parameters to estimate the fatigue level of the user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include a change in posture indicating reduced fatigue from Kinoshita into the device from Naito, as the device from Naito detects the degree of posture change over time, but not the amount of changes in posture time, and including change of posture indicating reduced fatigue from Kinoshita allows the device to account for the reduction in fatigue that comes from the user changing their posture.
However, the Naito/Kinoshita combination does not teach the decreasing function as a linear function.
Heneghan teaches a fatigue monitoring and management system. Specifically, Heneghan teaches estimating the fatigue level using a linear function ([44]: “Use of a linear model to monitor fatigue (and daytime sleepiness levels) based on the last 24, 48, 72 hours and longer past periods”; [52]: “the assessment generating may include applying a linear classifier to the one or more data sources”). Naito, Kinoshita, and Heneghan are analogous arts as they all measure parameters to estimate the fatigue level of the user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the use of a linear function from Heneghan into the Naito/Kinoshita combination as the combination is silent on the type of function used to determine the fatigue level, and Heneghan discloses a suitable function in an analogous device.
However, the Naito/Kinoshita/Heneghan combination does not teach while not detecting the posture changes; calculates, using a musculo-skeletal model or measured data, an estimated value of at least one of an amount of load imposed on a muscle, an amount of load imposed on a joint, or a blood flow rate of the subject which results from keeping of the posture estimated, estimates the fatigue level using an increasing function indicating the fatigue level within respect to the duration of the posture estimated, wherein in the increasing function used for the estimation of the fatigue level, the fatigue level increases per unit time as the corrected estimated value increases.
Nakayama discloses a fatigue judgement system. Specifically, Nakayama teaches while not detecting the posture changes; calculates, using a musculo-skeletal model or measured data, an estimated value of at least one of an amount of load imposed on a muscle, an amount of load imposed on a joint, or a blood flow rate of the subject which results from keeping of the posture estimated, estimates the fatigue level with respect to the duration of the posture estimated, wherein in the increasing function used for the estimation of the fatigue level, the fatigue level increases per unit time as the corrected estimated value increases ([0024]: “The inventor also noticed that blood flow is closely related to heart rate, and that when the heart rate decreases, the blood flow also decreases, and when one becomes tired and sleepy, the heart rate also decreases”; [0086]: “fatigue level is determined based on changes in posture (Figure 2) and blood flow (Figure 7)”. The device monitors the blood flow over time, and a greater decrease in blood flow indicates a higher fatigue level.). Naito, Kinoshita, Heneghan, and Nakayama are analogous arts as they all measure parameters to estimate the fatigue level of the user.
However, the Naito/Kinoshita/Heneghan/Nakayama combination does not teach the increasing function as a linear function.
Specifically, Heneghan teaches estimating the fatigue level using a linear function ([44]: “Use of a linear model to monitor fatigue (and daytime sleepiness levels) based on the last 24, 48, 72 hours and longer past periods”; [52]: “the assessment generating may include applying a linear classifier to the one or more data sources”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the use of a linear function from Heneghan into the Naito/Kinoshita/Heneghan/Nakayama combination as the combination is silent on the type of function used to determine the fatigue level, and Heneghan discloses a suitable function in an analogous device.
However, the Naito/Kinoshita/Heneghan/Nakayama combination does not teach the fatigue estimation system further comprises a chair that lowers the fatigue level of the subject by promoting blood circulation of the subject by performing at least one of: application of a voltage to the subject; incrementation of pressure applied to the subject; application of a vibration to the subject; incrementation of a temperature applied to the subject; or changing an arrangement of parts of the chair, to actively change the posture of the subject using the chair, in response to receiving a recovery signal, which is generated by the estimation device in response to detecting that the fatigue level is equal to or higher than a recovery threshold.
Kobayashi discloses a seat control apparatus that determines a user’s fatigue level and moves a seat in response to a fatigue level being detected. Specifically, Kobayashi teaches in response to detecting that the fatigue level is equal to or higher than a recovery threshold, the estimation device further configured to transmit a recovery signal to a chair that lowers the fatigue level of the subject by promoting blood circulation of the subject by performing at least one of:
application of a voltage to the subject;
incrementation of pressure applied to the subject;
application of a vibration to the subject;
incrementation of a temperature applied to the subject; or changing an arrangement of parts of the chair,
to actively change the posture of the subject using the chair, in response to receiving the recovery signal ([0014]: “The seat motion control unit 15 controls the seat motion of the seat 3 on which the occupant is seated according to the estimation result by the body state estimation unit 13. Specifically, when the occupant's physical state is a fatigue sign state, the seat motion control unit 15 performs control so that the seat 3 performs a fatigue suppression exercise that suppresses occupant fatigue. Further, when the occupant is in a fatigued state, the seat 3 is controlled to perform a fatigue recovery exercise for recovering the occupant's fatigue”; [0017]: “The actuator 23 moves the seat cushion 33 of the seat 3 shown in FIG. 2 in the front-rear direction and the up-down direction of the vehicle according to drive control by the seat control device”). Naito, Kinoshita, Heneghan, Nakayama, and Kobayashi are analogous arts as they all measure parameters to estimate the fatigue level of the user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention by incorporating the seat motion control unit from Kobayashi into the system of the Naito/Kinoshita/Heneghan/Nakayama combination, as it allows the user to be moved with the intent to wake up the user or decrease their fatigue level, keeping them safe and alert.
Regarding independent claim 14, Naito teaches an fatigue estimation method (Abstract: “To provide an information providing device and program which can provide notification that a person is in a fatigue state by appropriately determining the fatigue state of the person”) comprising:
obtaining information regarding locations of body parts of a subject (Abstract: “A terminal device 4 includes a detection part 52 for detecting a state of a person”);
estimating a posture of the subject based on the information obtained in the obtaining ([0047]: “The detection unit 52 detects the state of the person 14 based on the observation data about the person 14. In the present embodiment, the detection unit 52 includes a first posture detection unit 520 that detects the posture of the person”); and
estimating a fatigue level of the subject based on a duration of the posture estimated in the estimating of the posture ([0055]: “The determination unit 54 determines the degree of fatigue of the person 14 based on the state detected by the detection unit 52”), wherein
in estimating the fatigue level:
while detecting the posture changes; estimates the fatigue level with respect to a time period during which the posture continues to change ([0085]: “When the difference between the distance d1 and the distance d2 is larger than a predetermined threshold, the determination unit 54 compares the posture of the person 14 with a reference posture (in this example, a posture where d1≈d2 is set as a reference posture). It is determined that the posture is leaning forward or backrest. Then, the determination unit 54 determines the degree of fatigue according to the previous degree of leaning or backrest. That is, it is determined that the greater the degree of leaning or the backrest, the greater the degree of fatigue”; [0086]: “the degree of leaning is determined and the degree of fatigue is determined depending on whether the difference between the distance d1 and the distance d2 exceeds the thresholds Tha1, Tha2, Tha3 (where Tha1 <Tha2 <Tha3). The Further, the degree of backrest and the degree of fatigue are determined depending on whether or not the difference between the distance d1 and the distance d2 exceeds the threshold values Thb1, Thb2, Thb3 (where Thb1 <Thb2 <Thb3)”; [0092]: “the determination unit 54 calculates the degree of forward leaning and the degree of backrest from the reference posture based on the statistic deviation amount. For example, it has been experimentally known that the average value of the pressure value decreases when the user leans on a desk or a chair back against a standard posture. Further, it has been experimentally known that the kurtosis decreases in the forward posture, the center of gravity moves backward in the posture of the backrest, and the pressure value in the vicinity of both of them decreases. Further, it has been experimentally understood that the peak value decreases when the tired state is reached. It is expected that the posture will be judged from the deviation amount of the statistics so that the experimentally grasped result is reflected”; [0063]:“The determination unit 54 of the present embodiment determines the degree of fatigue of the person 14 based on a series of states of the person 14 within a predetermined period (hereinafter referred to as a determination target period) detected by the detection unit 52. . That is, it is not determined whether the person's 14 fatigue level has reached a predetermined standard fatigue level based on the state of the person 14 at a certain moment, but a series of states in the determination target period of the person 14”).
However, Naito does not teach wherein the estimation device estimates the fatigue level using a linear decreasing function indicating the fatigue level with respect to a time period during which the posture continues to change, wherein in the linear decreasing function used for the estimation of the fatigue level, the fatigue level decreases per unit time as an amount of the change in the posture increases.
Kinoshita discloses a biological state estimating device. Specifically, Kinoshita teaches the fatigue level decreases per unit time as an amount of the change in the posture increases ([0040]: “Possible driver movements include, for example, … changing the driving posture to reduce fatigue.”). Naito and Kinoshita are analogous arts as they both measure parameters to estimate the fatigue level of the user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include a change in posture indicating reduced fatigue from Kinoshita into the device from Naito, as the device from Naito detects the degree of posture change over time, but not the amount of changes in posture time, and including change of posture indicating reduced fatigue from Kinoshita allows the device to account for the reduction in fatigue that comes from the user changing their posture.
However, the Naito/Kinoshita combination does not teach the decreasing function as a linear function.
Heneghan teaches a fatigue monitoring and management system. Specifically, Heneghan teaches estimating the fatigue level using a linear function ([44]: “Use of a linear model to monitor fatigue (and daytime sleepiness levels) based on the last 24, 48, 72 hours and longer past periods”; [52]: “the assessment generating may include applying a linear classifier to the one or more data sources”). Naito, Kinoshita, and Heneghan are analogous arts as they all measure parameters to estimate the fatigue level of the user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the use of a linear function from Heneghan into the Naito/Kinoshita combination as the combination is silent on the type of function used to determine the fatigue level, and Heneghan discloses a suitable function in an analogous device.
However, the Naito/Kinoshita/Heneghan combination does not teach while not detecting the posture changes; calculates, using a musculo-skeletal model or measured data, an estimated value of at least one of an amount of load imposed on a muscle, an amount of load imposed on a joint, or a blood flow rate of the subject which results from keeping of the posture estimated, estimates the fatigue level using an increasing function indicating the fatigue level within respect to the duration of the posture estimated, wherein in the increasing function used for the estimation of the fatigue level, the fatigue level increases per unit time as the corrected estimated value increases.
Nakayama discloses a fatigue judgement system. Specifically, Nakayama teaches while not detecting the posture changes; calculates, using a musculo-skeletal model or measured data, an estimated value of at least one of an amount of load imposed on a muscle, an amount of load imposed on a joint, or a blood flow rate of the subject which results from keeping of the posture estimated, estimates the fatigue level with respect to the duration of the posture estimated, wherein in the increasing function used for the estimation of the fatigue level, the fatigue level increases per unit time as the corrected estimated value increases ([0024]: “The inventor also noticed that blood flow is closely related to heart rate, and that when the heart rate decreases, the blood flow also decreases, and when one becomes tired and sleepy, the heart rate also decreases”; [0086]: “fatigue level is determined based on changes in posture (Figure 2) and blood flow (Figure 7)”. The device monitors the blood flow over time, and a greater decrease in blood flow indicates a higher fatigue level.). Naito, Kinoshita, Heneghan, and Nakayama are analogous arts as they all measure parameters to estimate the fatigue level of the user.
However, the Naito/Kinoshita/Heneghan/Nakayama combination does not teach the increasing function as a linear function.
Specifically, Heneghan teaches estimating the fatigue level using a linear function ([44]: “Use of a linear model to monitor fatigue (and daytime sleepiness levels) based on the last 24, 48, 72 hours and longer past periods”; [52]: “the assessment generating may include applying a linear classifier to the one or more data sources”).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the use of a linear function from Heneghan into the Naito/Kinoshita/Heneghan/Nakayama combination as the combination is silent on the type of function used to determine the fatigue level, and Heneghan discloses a suitable function in an analogous device.
However, the Naito/Kinoshita/Heneghan/Nakayama combination does not teach the fatigue estimation system further comprises a chair that lowers the fatigue level of the subject by promoting blood circulation of the subject by performing at least one of: application of a voltage to the subject; incrementation of pressure applied to the subject; application of a vibration to the subject; incrementation of a temperature applied to the subject; or changing an arrangement of parts of the chair, to actively change the posture of the subject using the chair, in response to receiving a recovery signal, which is generated by the estimation device in response to detecting that the fatigue level is equal to or higher than a recovery threshold.
Kobayashi discloses a seat control apparatus that determines a user’s fatigue level and moves a seat in response to a fatigue level being detected. Specifically, Kobayashi teaches the fatigue estimation further comprises, in response to detecting that the fatigue level is equal to or higher than a recovery threshold, causing a chair that lowers the fatigue level of the subject by promoting blood circulation of the subject by performing at least one of:
application of a voltage to the subject;
incrementation of pressure applied to the subject;
application of a vibration to the subject;
incrementation of a temperature applied to the subject; or changing an arrangement of parts of the chair ([0014]: “The seat motion control unit 15 controls the seat motion of the seat 3 on which the occupant is seated according to the estimation result by the body state estimation unit 13. Specifically, when the occupant's physical state is a fatigue sign state, the seat motion control unit 15 performs control so that the seat 3 performs a fatigue suppression exercise that suppresses occupant fatigue. Further, when the occupant is in a fatigued state, the seat 3 is controlled to perform a fatigue recovery exercise for recovering the occupant's fatigue”; [0017]: “The actuator 23 moves the seat cushion 33 of the seat 3 shown in FIG. 2 in the front-rear direction and the up-down direction of the vehicle according to drive control by the seat control device”). Naito, Kinoshita, Heneghan, Nakayama, and Kobayashi are analogous arts as they all measure parameters to estimate the fatigue level of the user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention by incorporating the seat motion control unit from Kobayashi into the system of the Naito/Kinoshita/Heneghan/Nakayama combination, as it allows the user to be moved with the intent to wake up the user or decrease their fatigue level, keeping them safe and alert.
Regarding claim 15, the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination teaches the estimation device according to claim 13, wherein the estimation device causes a recovery device to lower the fatigue level of the subject by promoting blood circulation of the subject, in response to the fatigue level of the subject estimated by the fatigue estimator reaching a threshold (Kobayashi, [0014]: “The seat motion control unit 15 controls the seat motion of the seat 3 on which the occupant is seated according to the estimation result by the body state estimation unit 13. Specifically, when the occupant's physical state is a fatigue sign state, the seat motion control unit 15 performs control so that the seat 3 performs a fatigue suppression exercise that suppresses occupant fatigue. Further, when the occupant is in a fatigued state, the seat 3 is controlled to perform a fatigue recovery exercise for recovering the occupant's fatigue”; [0017]: “The actuator 23 moves the seat cushion 33 of the seat 3 shown in FIG. 2 in the front-rear direction and the up-down direction of the vehicle according to drive control by the seat control device”).
Regarding claim 16, the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination teaches the estimation device according to claim 14, further comprising causing a recovery device to lower the fatigue level of the subject by promoting blood circulation of the subject, in response to the fatigue level of the subject estimated reaching a threshold (Kobayashi, [0014]: “The seat motion control unit 15 controls the seat motion of the seat 3 on which the occupant is seated according to the estimation result by the body state estimation unit 13. Specifically, when the occupant's physical state is a fatigue sign state, the seat motion control unit 15 performs control so that the seat 3 performs a fatigue suppression exercise that suppresses occupant fatigue. Further, when the occupant is in a fatigued state, the seat 3 is controlled to perform a fatigue recovery exercise for recovering the occupant's fatigue”; [0017]: “The actuator 23 moves the seat cushion 33 of the seat 3 shown in FIG. 2 in the front-rear direction and the up-down direction of the vehicle according to drive control by the seat control device”).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination as applied to claim 1 above, and further in view of Sone (US 20100137748).
Regarding claim 3, the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination teaches the fatigue estimation system according to claim 1. However, the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination does not disclose wherein the information output device is a location sensor that is worn by the subject on a predetermined body part of the subject and that outputs, as the information, location information regarding a spatial location of the predetermined body part, and the estimation device estimates the posture of the subject based on the location information output by the location sensor.
Sone discloses a fatigue estimation device that uses a body motion detector to detect a user’s activity level and estimates fatigue from these measurements. Specifically, Sone teaches wherein the information output device is a location sensor that is worn by the subject on a predetermined body part of the subject and that outputs, as the information, location information regarding a spatial location of the predetermined body part ([0176]: “The wristwatch including the body motion detection section 2 does not differ from a normal wristwatch in appearance and can show the time. However, the wristwatch including the body motion detection section 2 is different from a normal wristwatch in that the acceleration sensor 4, the first data storage section 5 and the data transmitting section 6 which are shown in FIG. 1 are provided in the wristwatch including the body motion detection section 2.”), and the estimation device estimates the posture of the subject based on the location information output by the location sensor (Abstract: “A body motion detection section (2) for continuously detecting the frequency of a user's activity as an activity level is provided. The activity level detected by the body motion detection section (2) is outputted to a fatigue detection section (3) for estimating a user's fatigue level on the basis of the activity level.”). Naito, Kinoshita, Heneghan, Nakayama, Kobayashi, and Sone are analogous arts as they all measure parameters to estimate the fatigue level of the user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to use the body motion detector from Sone as the information output device from the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination as Sone provides another way to measure the user’s posture and location that provides valuable information to determine the user’s fatigue. Incorporating the body motion detectors with the system provides a different type of measurement that can provide different, helpful information in determining fatigue level of a user.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination as applied to claim 1 above, and further in view of Shimizu (JP 2017023311). Citations to JP 2017023311 will refer to the English Machine Translation that accompanies this Office Action.
Regarding claim 6, the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination teaches the fatigue estimation system according to claim 1. However, the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination does not teach the system further comprising: a receiving device that receives, as input, personal information including at least one of age, sex, height, weight, a muscle mass, a stress level, a proportion of fat in a body, or proficiency in performing exercise, wherein when calculating the estimated value required for keeping the estimated posture, the estimation device corrects the estimated value based on the personal information received as the input by the receiving device.
Shimizu discloses a fatigue determination device that measures physical parameters of the user to estimate their fatigue level. Specifically, Shimizu teaches the device further comprising: a receiving device that receives, as input, personal information including at least one of age, sex, height, weight, a muscle mass, a stress level, a proportion of fat in a body, or proficiency in performing exercise, wherein when calculating the estimated value required for keeping the estimated posture, the estimation device corrects the estimated value based on the personal information received as the input by the receiving device ([0034]: “The input unit 111, under the control of the calculation/control unit 114, acquires physical identification information such as age, sex, height, and other input information input in accordance with the user's operation”). Naito, Kinoshita, Heneghan, Nakayama, Kobayashi, and Shimizu are analogous arts as they all measure parameters to estimate the fatigue level of the user.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the personal information from Shimizu into the system of the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination, as it gives the system more information that can allow the system to make a more accurate estimation of the user’s fatigue level.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination as applied to claim 1 above, and further in view of Wexler (US 11030917).
Regarding claim 11, the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination teaches the fatigue estimation system according to claim 1. However, the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination does not teach the system further comprising: a display device that displays, to the subject, a recommended posture that achieves at least one of a less amount of load imposed on a muscle, a less amount of load imposed on a joint, or a higher blood flow rate of the subject which results from keeping of the recommended posture, compared to an amount of load imposed on the muscle, an amount of load imposed on the joint, or a blood flow rate of the subject which results from keeping of the estimated posture, the display of the recommended posture being triggered by the fatigue level of the subject reaching a second threshold, the fatigue level being estimated by the estimation device.
Wexler discloses a system to monitor posture of a user. Specifically, Wexler teaches the system further comprising: a display device that displays, to the subject, a recommended posture that achieves at least one of a less amount of load imposed on a muscle, a less amount of load imposed on a joint, or a higher blood flow rate of the subject which results from keeping of the recommended posture, compared to the amount of load imposed on the muscle, the amount of load imposed on the joint, or the blood flow rate of the subject which results from keeping of the estimated posture (Column 25, lines 35-39: “if the processor determines that a posture of the user is a poor posture, the processor may generate feedback indicating the identification of the poor posture to the user and/or including recommendations on how to improve and/or correct the posture”), the display of the recommended posture being triggered by the fatigue level of the subject reaching a second threshold, the fatigue level being estimated by the estimation device (Column 25, lines 35-36: “the processor determines that a posture of the user is a poor posture”. The system has a required threshold to determine if the user has poor posture in order to determine if the processor provides a recommended posture.). Naito and Wexler are analogous arts as they are both systems that monitor parameters of a user to determine the user’s position.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to include the recommended posture from Wexler into the system of the Naito/Kinoshita/Heneghan/Nakayama/Kobayashi combination, as it allows the user to fix their posture. By including the recommended posture, the user can change their posture to improve their health and also to keep themselves more alert.
Response to Arguments
Applicant's arguments with regards to the decreasing function have been fully considered but they are not persuasive. Applicant argues that Kinoshita does not teach the decreasing function. However, as stated in the rejection above, Kinoshita is not the only reference used to teach this limitation, and the combination of Naito and Kinoshita needs to be considered, as this is what is relied upon in the limitation. Naito teaches evaluating posture changes over time ([0085]: “When the difference between the distance d1 and the distance d2 is larger than a predetermined threshold, the determination unit 54 compares the posture of the person 14 with a reference posture (in this example, a posture where d1≈d2 is set as a reference posture). It is determined that the posture is leaning forward or backrest. Then, the determination unit 54 determines the degree of fatigue according to the previous degree of leaning or backrest. That is, it is determined that the greater the degree of leaning or the backrest, the greater the degree of fatigue”; [0086]: “the degree of leaning is determined and the degree of fatigue is determined depending on whether the difference between the distance d1 and the distance d2 exceeds the thresholds Tha1, Tha2, Tha3 (where Tha1 <Tha2 <Tha3). The Further, the degree of backrest and the degree of fatigue are determined depending on whether or not the difference between the distance d1 and the distance d2 exceeds the threshold values Thb1, Thb2, Thb3 (where Thb1 <Thb2 <Thb3)”; [0092]: “the determination unit 54 calculates the degree of forward leaning and the degree of backrest from the reference posture based on the statistic deviation amount. For example, it has been experimentally known that the average value of the pressure value decreases when the user leans on a desk or a chair back against a standard posture. Further, it has been experimentally known that the kurtosis decreases in the forward posture, the center of gravity moves backward in the posture of the backrest, and the pressure value in the vicinity of both of them decreases. Further, it has been experimentally understood that the peak value decreases when the tired state is reached. It is expected that the posture will be judged from the deviation amount of the statistics so that the experimentally grasped result is reflected”; [0063]:“The determination unit 54 of the present embodiment determines the degree of fatigue of the person 14 based on a series of states of the person 14 within a predetermined period (hereinafter referred to as a determination target period) detected by the detection unit 52. . That is, it is not determined whether the person's 14 fatigue level has reached a predetermined standard fatigue level based on the state of the person 14 at a certain moment, but a series of states in the determination target period of the person 14”), which equates to a function, and Kinoshita teaches that a change in posture can decrease fatigue ([0040]: “Possible driver movements include, for example, … changing the driving posture to reduce fatigue.”), therefore the combination of Naito and Kinoshita are used to teach that the changes in posture over time show a decrease in fatigue level.
Additionally, Applicant's arguments with regards to the increasing function have been fully considered but they are not persuasive. Applicant states that Nakayama does not teach the increasing function. However, as stated in the rejection above, Nakayama teaches that a greater value of a decreasing blood flow indicates a higher fatigue level ([0024]: “The inventor also noticed that blood flow is closely related to heart rate, and that when the heart rate decreases, the blood flow also decreases, and when one becomes tired and sleepy, the heart rate also decreases”; [0086]: “fatigue level is determined based on changes in posture (Figure 2) and blood flow (Figure 7)”. The device monitors the blood flow over time, and a greater decrease in blood flow indicates a higher fatigue level.) and teaches monitoring changes in blood flow over time, therefore it teaches on the increasing function. Applicant claims that the present invention estimates a specific fatigue level caused by blood blow rate based on posture changes, however this explicitly is not what is claimed. The independent claims clearly indicate that the blood flow rate is used to estimate fatigue level when the device is not detecting posture changes, therefore this limitation is not required to be taught by the prior art.
Applicant’s arguments with respect to the linear functions in the independent claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/E.K.M./Examiner, Art Unit 3791
/MATTHEW KREMER/Primary Examiner, Art Unit 3791