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
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/09/2026 has been entered.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2, 5, 8, 12-16, 18, 19, 21, 28, 32, 34, 35, 38, 39, 41, and 43-46 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Peter Edmund Heinrich Hauser et al. (US 2017/0053460), hereinafter ‘Hauser’ in view of Marcus Christoph et al. (US 9953627), hereinafter ‘Christoph’, in view of Richard Paul Cox (US 20220383886), hereinafter ‘Cox’, in further view of Othman Alhanbali, SR (US 20200262332), hereinafter ‘Alhanbali’.
With regards to Claim 1, Hauser discloses:
An information capture device for vehicle monitoring (monitoring vehicle activity using a plurality of sensors [0002]; Fig.1, BLE Vehicle Activity Monitor; Fig.19, sensor computer 1900 [0188]), the device comprising
a. an external housing (housing 1902, Fig.19);
b. at least one internal power supply (Sensor computer 1900 may include one or more battery/power supply component [0198]);
c. at least one communication device (sensor computer 1900 may include one or more antennas, such as, antenna 1906, to support one or more radio transceivers. Supported radios and/or wireless communications systems, such as, NFC, Bluetooth, Bluetooth Low Energy, WiFi, or the like, or combination thereof. In some embodiments, SOC 1904 may be arranged to support one or more of the radio/wireless technologies discussed above [0195]); and
d. a sensing device to capture input information in relation to at least one measurable parameter relating to the vehicle (the sensor information may include one or more metrics associated with the current operation of the vehicle [0049]; The system may support a plurality of sensors (3), including but not limited to an accelerometer, … an ambient noise sensor, or other environmental sensors [0071]; environmental sensor 1910, Fig.19; Audio interface 1756 may be arranged to produce and receive audio signals such as the sound of a human voice. For example, audio interface 1756 may be coupled to a speaker and microphone (not shown) to enable telecommunication with others and/or generate an audio acknowledgement for some action. A microphone in audio interface 1756 can also be used for input to or control of client computer 1700, e.g., using voice recognition, detecting touch based on sound, and the like [0151]), wherein the sensing device is a vibration sensor configured to capture acoustic information regarding an operation and/or a condition of the vehicle (the sensor information may include one or more metrics associated with the current operation of the vehicle [0049]; vibration sensors located within the vehicle [0055]; the sensor may be used to directly measure the angle of the steering wheel in real-time, as well as vibrations that translate exclusively through the steering column and may be felt by the user under different driving conditions [0060]; The system may support a plurality of sensors (3), including but not limited to an accelerometer, gyroscope [0071]; the available data may be used in conjunction with the data created by the Connected BLE Vehicle Activity Monitor to create a picture of the user's specific vehicle environment, vehicular usage model, the condition of the vehicle, in-car schedule, and in-car behavior [0081]; FIG. 13A illustrates raw steering wheel position (roll of the steering wheel) including vibrations while driving as measured by an accelerometer installed on a steering wheel hub [0130]).
Hauser additionally discloses different frequencies of signals captured by a sensing device ([0094] and Fig.15) and capturing acoustic information within one or more cabin areas of the vehicle (At block 2104, in at least one of the various embodiments, sensor signals may be monitored. As described above, a sensor computer may include various sensors, such as, accelerometers and/or gyroscopes for detecting one or more signals, such as… internal sound/noise [0214]).
However, Hauser does not specifically disclose a broad-spectrum sensing device and the broad-spectrum sensing device is a vibration sensor configured to capture acoustic information within one or more cabin areas of the vehicle to characterize a level of potential internal acoustic distractions for a driver.
Christoph discloses a broad-spectrum sensing device and the broad-spectrum sensing device is a vibration sensor configured to capture acoustic information within one or more cabin areas of the vehicle (A broadband acceleration sensor is able to pick up engine noise up to at least 1.5 kHz, for example, at least 2 kHz as shown in FIG. 2 …Naturally, each acceleration sensor has sufficient dynamic range to capture all harmonics which are audible in the cabin, and has low distortion characteristics so that it outputs linear vibration signals, Col.4, Line 66-Col.5, Line 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hauser in view of Christoph to use a broadband sensing device as known in the art to capture input information in relation to at least one measurable parameter relating to the vehicle such as, for example, vehicle/driver/environment audio/vibration signals that are characterized by a broadband sound (audio/noise/vibration/motion/shock) spectrum as known in the art to predictably avoid missing important frequencies of interest such as to be able to effectively reduce “disturbing noise signal d[n] which represents the engine noise audible at the listening position within the vehicle cabin”, Christoph, Col.3, Lines 44-46).
Cox also discloses that the sensing device is a vibration sensor (motion sensor 110, Microphone 111, Fig.1) and it is configured to capture acoustic information within one or more cabin areas of the vehicle to characterize a level of potential internal acoustic distractions for a driver (capturing, by one or more microphones associated with a vehicle, indications of noise levels associated with an interior of the vehicle over a first interval of time; capturing, by one or more motion sensors associated with the vehicle, indications of vehicle motion over the first interval of time; analyzing, by a processor, the indications of the vehicle motion over the first interval of time to determine one or more instances of unsafe driving behavior over the first interval of time [0004]; a recommendation for mitigating the distracting effects of noises or sounds associated with the interior of the vehicle (e.g., rolling up windows, turning down music volume, etc.) [0033]; At least one instance in which the noise level associated with the interior of the vehicle exceeds the threshold noise level may be identified (block 314) [0043], i.e. “a level of potential internal acoustic distractions for a driver”, added by examiner).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hauser in view of Christoph and Cox to use a vibration sensor configured to capture acoustic information within one or more cabin areas of the vehicle to characterize a level of potential internal acoustic distractions for a driver to improve safety (drivers who are distracted are more likely to drive in unsafe ways and even get into vehicle accidents, Cox [0003]).
Hauser also does not specifically disclose that the information capture device comprising one or more magnetometers.
Alhanbali discloses a vehicle monitoring device comprising a magnetometer (Such orientational sensors 715 may take the form of magnetometers for determining orientation of the device 100 with reference to magnetic North and/or one or more electronic gyroscopic sensors for calculating the orientation of the device 100 with reference to 3 axes or rotation [0086]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hauser in view of Christoph, Cox, and Alhanbali to equip the information capture device with one or more magnetometers for determining orientation of the device to improve accuracy (As such, the device 100 is able to take into account variations in the orientation of the vehicle or mounting of the device 100 to adjust the lateral and vertical projection angles of the beam of light 103, Alhanbali [0087]).
With regards to Claim 2, Hauser additionally discloses capturing input information in relation to at least one measurable parameter relating to vehicle dynamics (FIG. 9 illustrates a Correlating Vibration and Acoustic Frequency of Engines in accordance with at least one of the various embodiments [0013]; the sensor may be used to directly measure the angle of the steering wheel in real-time, as well as vibrations that translate exclusively through the steering column and may be felt by the user under different driving conditions [0060]; a sensor computer may include various sensors, such as, accelerometers and/or gyroscopes for detecting one or more signals, such as, vibrations, shock, rotation, tilt, yaw, speed, acceleration, internal sound/noise, external sound/noise [0214]).
With regards to Claim 5, Hauser additionally discloses capturing input information in relation to at least one measurable parameter relating to occupant entry to and/or exit from the vehicle (the Connected BLE Vehicle Activity Monitor may detect if the vehicle has come to a complete stop and that the user has exited the vehicle [0075]).
With regards to Claim 8, Hauser additionally discloses sensing light [0154].
However, Hauser is silent with regards to external housing is provided with one or more optically transparent portions.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hauser in view of Christoph, Cox, and Alhanbali that the external housing is provided with one or more optically transparent portions to be able to place light detectors and/or photo/video equipment inside the device to securely capture corresponding optical signals of interest to improve functionality of the device.
With regards to Claim 12, Hauser additionally discloses that a plurality of sensors is provided within the housing to capture input information in relation to at least one measurable parameter relating to the vehicle (The learning engine may also use information from available sources including but not limited to a plurality of sensor inputs some of which may come from sensor computer 2004, while others may come from mobile computer 2008, and others may come from other vehicle systems and data sources [0236]; environment sensors 1910, Fig.19).
With regards to Claim 13, Hauser additionally discloses capturing input information from each of the plurality of sensors contemporaneously (By mounting the Vehicle Activity Monitor hardware in an ideal location inside the vehicle as shown in FIG. 2 such as directly on the steering wheel (11, 12, 13), or on the steering column (17), the sensor may be used to directly measure the angle of the steering wheel in real-time, as well as vibrations that translate exclusively through the steering column and may be felt by the user under different driving conditions [0060]; we can see that at 3600 RPM, the engine vibration is approximately 60.1 Hz (43) while the acoustic tone the engine makes is at approximately 59 Hz (44). Thus, by correlating engine noise frequency via the ambient noise sensor (3) and the frequency of the vibration via the accelerometer (3) of the Connected Bluetooth Low Energy Vehicle Activity Monitor of FIG. 1, the firmware can estimate the engine RPM and thus the manner in which the car is being driven [0094]).
With regards to Claim 14, Hauser further discloses performing cross-check for wheel anomalies when the input information captured contemporaneously from more than one sensor, as discussed in Claim 13, is analyzed (In at least one of the various embodiments, DFTs may be used to search for anomalous behavior. In some embodiments, an alert may be raised if the spectral power rises above a defined threshold in a given frequency range. For example, it may be observed that wheel imbalances may produce high spikes at characteristic frequencies (depending on wheel size) [0275]).
With regards to Claim 15, Hauser further discloses microphone to capture acoustic information within the vehicle and/or relating to the vehicle.
However, Hauser is silent with regards to a broad-spectrum microphone.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hauser in view of Christoph, Cox, and Alhanbali to use a broad-spectrum microphone to capture audio signals that are characterized by a broadband sound (audio/noise) spectrum as known in the art to predictably avoid missing important frequencies of interest within the vehicle and/or relating to the vehicle similar to vibration peaks shown in Fig.15.
With regards to Claim 16, Hauser in view of Christoph, Cox, and Alhanbali further discloses capturing a broad spectrum (Fig. 15).
However, Hauser is silent with regards to a broad-spectrum accelerometer.
Christoph discloses a broad-spectrum accelerometer as discussed in Claim 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hauser in view of Christoph, Cox, and Alhanbali to use a broad-spectrum accelerometer to capture vibration signals that are characterized by a broadband (audio/noise) spectrum as known in the art to predictably avoid missing important frequencies of interest within the vehicle and/or relating to the vehicle (see, for example, peaks at 12, 27 Hz in Fig. 15).
With regards to Claim 18, Hauser in view of Christoph, Cox, and Alhanbali discloses the invention as discussed in Claim 1.
Hauser additionally discloses the detection of an event occurrence leads to initializing capture of input information or triggers the storage of previously captured input information (if a change of more than 1 m/ŝ2 (positive or negative) is detected (starting from one of the three baseline speeds) a dataset may be collected by the sensor computer. In some embodiments, this may trigger an investigation of potential braking issues, such as rotor warping and brake wear [0219]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hauser in view of Christoph, Cox, and Alhanbali to initialize capture of the input information that lead to an event of interest or store it to control/correct/analyze the event/situation based on this knowledge.
With regards to Claim 19, Hauser in view of Christoph, Cox, and Alhanbali discloses the invention as discussed in Claim 1.
Hauser additionally discloses a portable computing device is proximate to the device (a system for monitoring vehicle operations that may include one or more network computers, one or more client computers (e.g., including, mobile computers, mobile telephones, or the like), and one or more sensor computers. In at least one of the various embodiments, if sensor information based on sensor data captured by the sensor computer installed in a vehicle is provided to the network computer, the network computer may perform various actions [0044]).
However, Hauser is silent with regards to one or more proximity sensor to detect when a portable computing device is proximate to the device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hauser in view of Christoph, Cox, and Alhanbali to include a proximity sensor to detect when a portable computing device is proximate to the device for example in situations when Bluetooth detection range needs to be maintained to provide reliable communications as discussed in [0089].
With regards to Claim 21, Hauser in view of Christoph, Cox, and Alhanbali discloses the invention as discussed in Claim 1.
Hauser additionally discloses that sensor information includes timestamps (the sensor information may include one or more metrics associated with the current operation of the vehicle. The metrics may include one or more of, timestamps [0049]).
However, Hauser is silent with regards to one or more real-time clock to timestamp captured input information on the device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hauser in view of Christoph, Cox, and Alhanbali to include one or more real-time clock as known in the art to provide an ability to timestamp captured input information as discussed above.
With regards to Claim 28, Hauser in view of Christoph, Cox, and Alhanbali discloses the invention as discussed in Claim 1.
Hauser additionally discloses capturing audio signals as discussed above.
However, Hauser is silent with regards to capturing information in a range of an audible frequency range of between 20 Hz to 20000 Hz.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hauser in view of Christoph, Cox, and Alhanbali to capture information in a range of an audible frequency range of between 20 Hz to 20000 Hz because this range is human frequency range as known in the art.
With regards to Claim 32, Hauser further discloses a multi-axis sensor (Sensor Circuit (3) containing a plurality of sensors such as a 9-axis accelerometer [0057]).
With regards to Claims 34 and 39, Hauser further discloses a system for vehicle monitoring, the system comprising the information capture device according to claim 1 and a portable computing device including at least one communication device to receive captured information from the information capture device and at least one information storage device, further comprising a server associated with at least one communication device to receive captured information from the device and a processor operating at least one software program to analyze the information captured by the information capture device (Figs. 16-20, 21-34; [0148, 0165, 0166, 0168]).
With regards to Claim 35, Hauser in view of Christoph, Cox, and Alhanbali discloses the invention as discussed in Claim 34.
Hauser additionally discloses employing different communication technologies (mobile computer 2008 and sensor computer 2004 may be arranged to communicate wirelessly using one or more wireless networking and/or communication technologies, such as, as Bluetooth, Bluetooth Low Energy, WiFi, NFC, or the like, or combination thereof. In at least one of the various embodiments, sensor computer 2004 may be arranged to be communicatively coupled to an on-board vehicle computer, including one or more electronic control unit computers. capturing audio signals as discussed above [0202]).
However, Hauser is silent with regards to when the portable computing device is within range of the in-vehicle information capture device and in a store and forward mode when the portable computing device is not within range of the information capture device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hauser in view of Christoph, Cox, and Alhanbali to detect when the portable computing device is within range of the in-vehicle information capture device and in a store and forward mode when the portable computing device is not within range of the information capture device to use corresponding communication technologies to transfer data such as when the proximity is sufficient, use the Bluetooth and when the distance prevents using a Bluetooth, use the WIFI, in one example, to avoid losing data.
With regards to Claim 38, Hauser discloses a system for vehicle monitoring comprising the information capture device according to claim 1 and a server associated with at least one communication device to receive captured information from the device and a processor operating at least one software program to analyze the information captured by the information capture device (Figs. 16-20, 21-34; [0203, 0205]).
With regards to Claim 41, Hauser in view of Christoph, Cox, and Alhanbali discloses the invention as discussed in Claim 34.
Hauser additionally discloses pattern recognition algorithms that are utilized to identify previously trained patterns of vehicle events based on information captured by the information capture device (Figs. 32 and 34; [0312]).
However, Hauser is silent with regards to utilizing frequency domain analysis to identify previously trained patterns of vehicle events based on information captured by the information capture device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hauser in view of Christoph, Cox, and Alhanbali to utilize frequency domain analysis to identify previously trained patterns of vehicle events based on information captured by the information capture device as another tool of pattern recognition based on frequency content and suitable for frequency-dependent events such as depicted on Fig. 15 with corresponding training as discussed above.
With regards to Claim 43, Hauser in view of Christoph, Cox, and Alhanbali discloses the claim limitation as discussed above with regards to Claims 1-4, 12-14, 34, and 41.
With regards to Claim 44, Hauser in view of Christoph, Cox, and Alhanbali discloses the claim limitation as discussed above with regards to Claims 43, 4, 18, and 41.
Hauser additionally discloses utilizing a learning algorithm [0033], a learning engine [0236].
With regards to Claim 45, Hauser discloses least two sensors are fixed relative to the vehicle for capture of information contemporaneously and analyzing the contemporaneously captured information as discussed in Claim 13 and, additionally in [0094].
With regards to Claim 46, Hauser discloses that the captured information is analyzed to detect events chosen from the group including speech, at least one door opening and/or closing, engine or other mechanical vibration, glass breakage and collision ([0013; 0075, 0094]).
Claim 25 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Hauser in view of Christoph, Cox, and Alhanbali, in further view of Robert V. Vanman et al. (US 2020/0322566), hereinafter ‘Vanman’.
Hauser in view of Christoph, Cox, and Alhanbali discloses the claimed invention as discussed in Claim 1.
Houser also discloses capturing information at different times as discussed above in Claim 21 and Figs. 13A, 13B, and 14 and storing captured information from at least one sensor [0045].
However, Hauser is silent with regards to storing captured information from at least one sensor from one or more timesteps before, during, and after an event using at least one circular buffer with at least one configurable duration and at least one configurable timestep frequency.
Vanman discloses using at least one circular buffer with at least one configurable duration (background recording can be implemented as one or more circular buffers that maintain a configurable duration of most recent media such as, for example, thirty seconds, sixty seconds, five minutes, etc. [0020]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hauser in view of Christoph, Cox, and Alhanbali, in further view of Vanman to use at least one circular buffer with at least one configurable duration as known in the art to create an event database that would comprise a full event pattern including time stepped data collected before, during, and after an event to use in a learning engine to identify /recognize patterns associated with event of interest.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 43 have been considered but are moot because the new ground of rejection necessitated by the amendment.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER SATANOVSKY whose telephone number is (571)270-5819. The examiner can normally be reached on M-F: 9 am-5 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Catherine Rastovski can be reached on (571) 270-0349. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER SATANOVSKY/
Primary Examiner, Art Unit 2857
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