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 action is in response to the amendments filed on 08/08/2025, in which claims 1, 2 and 6-15, are amended. Claims 1-15 are rejected.
Response to Arguments
Applicant’s arguments, see REMARKS, filed 08/08/2025, with respect to the interpretation of the claims under 35 USC §112f have been fully considered and are persuasive. Therefore, the previous interpretations have been withdrawn.
Applicant’s arguments with respect to the rejection of the claims 1-6 and 10-15 under 35 USC §101 have been fully considered and are persuasive. Therefore, the previous rejections have been withdrawn.
Applicant’s arguments with respect to the rejection of the claims 1-15 under 35 USC §103 have been fully considered and are persuasive. Therefore, the previous rejections have been withdrawn. However, a new rejection is presented below in view of Breed et al.
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.
Claim(s) 1-2 and 6-15 are rejected under 35 U.S.C. 103 as being unpatentable over Karlsson et al. (US 2020/0254904 A1, “Karlsson”) in view of Anderson et al. (US 2017/0136842 A1, “Anderson”).
Regarding claims 1, 14, and 15, Karlsson discloses vehicle occupant position detection and teaches:
A physical function inspection device comprising: (The vehicle occupant posture detection (OPD) system, method, and algorithm described herein ultimately detect and utilize occupant posture information, rather than simple seat information, and can be used in combination with other seat and vehicle sensors to provide both occupant posture and position in a vehicle such that safety and restraint systems can be fine-tuned – See at least ¶ [0014])
a processor configured to execute non-transitory computer executable instructions stored in a memory to: (Preferably, the OPD algorithm 26 described herein is implemented as coded instructions stored in a memory and executed by a processor – See at least ¶ [0021])
[] a target person for physical function inspection from passengers of a vehicle; (Referring now specifically to FIG.1, when a vehicle occupant 10 is seated in a vehicle seat 12, i.e., a target person, including a seat bottom 14 (i.e., a seat pan and/or cushion frame) and a seat back 16, the angle (Q) between the torso line 18 and the femoral line 20 of the occupant 10 in the Z-plane is an important indicator of occupant posture – See at least ¶ [0015])
to detect behavior of the target person (The OPD algorithm 26, which preferably forms part of a broader DA or AD system 28, uses a, b, and/or o to generally characterize pelvic and iliac crest position, i.e., behavior of the target vehicle – See at least ¶ [0018]) when the vehicle is traveling; [] and (As a, b, and q effectively fully characterize occupant posture, in a manageable and efficient manner, the knowledge of a, b, and q can be used to default to or suggest comfortable seat settings, or limit seat settings, as well as to pre-position a seat in a safe configuration in advance of an impending impact event, i.e., while the vehicle is traveling, (or avoid an unsafe configuration altogether) – See at least ¶ [0016])
evaluate a physical function of the target person based on the detected behavior of the target person; and (The OPD algorithm 26, which preferably forms part of a broader DA or AD system 28, uses a, b, and/or o to generally characterize pelvic and iliac crest position, both of which are important to characterizing occupant posture, i.e., a physical function, and ensuring occupant comfort and safety – See at least ¶ [0018])
Karlsson does not explicitly teach that a target person is selected for physical function inspection. However, Anderson discloses methods and systems for controlling vehicle body motion and occupant experience and teaches:
select a target person for physical function inspection from passengers of a vehicle; (One or more unique profiles may also be created and saved to a local and/or remotely located database to indicate personal suspension preferences previously input or determined for one or more occupants. For example, an occupant may be prone to motion sickness and may prefer a ride experience focused on comfort instead of speed. Each occupant can save a profile within the vehicle. Prior to the start of a trip, each occupant can indicate their presence to the vehicle, which will allow the vehicle to consider driving preferences based on the information stored in the local and/or remotely located database related to each indicated occupant before making decisions. In instances where individual seats are associated with separate secondary suspension systems. A performance profile can be set for each individual seat which will behave uniquely for each passenger according to personal preferences – See at least ¶ [0148])
Karlsson does not explicitly teach, but Anderson further teaches:
control operation of the vehicle by change a shaking of the vehicle (In addition to using vehicle gestures for greetings and communicating information, in some embodiments, the active Suspension system of a vehicle may be used to induce motion in a vehicle that is at least partially covered with snow in order to clear at least some of the snow from the vehicle. The induced motion may be a rocking or shaking motion at various frequencies in one or more bands ranging from about 1 Hz to 10 Hz, although other frequencies both greater than and less than those noted above may be used as the disclosure is not so limited. This Snow removal process may be controlled from outside the vehicle by, for example, means of a key fob or a cell phone application in wireless communication with the vehicle through a blue tooth or a wireless network connection – See at least ¶ [0199]) when the physical function inspection of the target person is performed according to the behavior of the target person or an input by the target person. (In some embodiments, vehicle sensors such as optical or infrared cameras located within and outside the vehicle may detect gestures of occupants and/or persons located outside of the vehicle as commands or signals. For example, occupants may use certain predetermined and/or prerecorded hand or body gestures to lock or unlock doors. Additionally, in Some embodiments, such gestures by recognized persons made be used to also alter various settings in the vehicle. Persons may be recognized as having authorization to make these changes either through facial recognition, an input pass code, a pass code gesture detected by the vehicle, or any appropriate type of identification method and/or device – See at least ¶ [0198])
In summary, Karlsson teaches identifying a passenger in a seat, then determining their body geometry to find a posture of the passenger. From the determined posture the system can then recommend or implement vehicle seat positions to increase the comfort level of the occupant. Karlsson does not explicitly teach that a target passenger is “selected” for the determination of their posture. However, Anderson discloses methods and systems for controlling vehicle body motion and occupant experience and teaches that each seat can have a specific profile for each rider. Therefore, a target is selected to apply the appropriate profile.
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the vehicle occupant posture detection of Karlsson to provide for the methods and systems for controlling vehicle body motion and occupant experience, as taught in Anderson, to provide cues that help enhance situational awareness of the vehicle occupants and/or help mitigate motion sickness. (At Anderson ¶ [0082])
The combination of Karlsson and Anderson does not explicitly teach detect behavior of the target person when the vehicle is traveling by comparing a load sensor signal from at least one load sensor in any of a seat bottom, a strap, or a floor of the vehicle to an acceleration of the vehicle. However, Breed discloses vehicular restraint system control system and method using multiple optical imagers and teaches:
detect behavior of the target person when the vehicle is traveling by comparing a load sensor signal from at least one load sensor in any of a seat bottom, a strap, or a floor of the vehicle to an acceleration of the vehicle (By comparing the output of various sensors in the vehicle, it is possible to determine activities that are affecting parts of the vehicle while not affecting other parts. For example, by monitoring the vertical accelerations of various parts of the vehicle and comparing these accelerations with the output of strain gage load cells placed on the seat support structure, a characterization can be made of the occupancy of the seat. Not only can the weight of an object occupying the seat be determined, but also the gross motion of such an object can be ascertained and thereby an assessment can be made as to whether the object is a life form such as a human being – See at least ¶ [1183]; Examiner notes that the load sensor 766 is attached to the floor of the vehicle via the support structure anchored to the floor – See at least Fig. 164)
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the vehicle occupant posture detection of Karlsson and Anderson to provide for the vehicular restraint system control system and method using multiple optical imagers, as taught in Breed, to provide a seat weight measuring apparatus having advantages including that the production cost and the assembling cost of such apparatus is lower than existing apparatus. (At Breed ¶ [0099])
Regarding claim 2, Karlsson further teaches:
wherein the processor detects behaviors of the passengers based on an output of the load sensor provided in the vehicle. (Referring now specifically to FIG. 2, using a, b, and q to fully characterize occupant posture, one angle measuring device 23, such as an electromechanical sensor, i.e., a load sensor, camera, or the like, is incorporated in the seat back 16 to measure a, and one angle measuring device 24, such as an electromechanical sensor, camera, or the like, is incorporated in the seat bottom 14 (i.e., the seat pan and/or cushion frame) to measure ß – See at least ¶ [0017])
Regarding claim 5, the combination of Karlsson and Anderson does not explicitly teach, but Breed further teaches:
wherein the load sensor is provided on a floor of the vehicle. (load sensor 766 is attached to the floor of the vehicle via the support structure anchored to the floor – See at least Fig. 164)
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the vehicle occupant posture detection of Karlsson and Anderson to provide for the vehicular restraint system control system and method using multiple optical imagers, as taught in Breed, to provide a seat weight measuring apparatus having advantages including that the production cost and the assembling cost of such apparatus is lower than existing apparatus. (At Breed ¶ [0099])
Regarding claim 6, Karlsson further teaches:
wherein the processor detects the behavior of the target person based on an image generated by an in-vehicle camera provided in the vehicle. (Referring now specifically to FIG. 2, using a, b, and q to fully characterize occupant posture, one angle measuring device 23, such as an electromechanical sensor, camera, i.e., based on an image, or the like, is incorporated in the seat back 16 to measure a, and one angle measuring device 24, such as an electromechanical sensor, camera, or the like, is incorporated in the seat bottom 14 (i.e., the seat pan and/or cushion frame) to measure ß – See at least ¶ [0017])
Regarding claim 7, Karlsson does not explicitly teach, but Anderson further teaches:
wherein the processor controls operation of the vehicle, (FIG. 10 illustrates a block diagram of one embodiment of a control system 190 for an autonomous vehicle that is equipped with an active vehicle Suspension system 192, an active seat suspension system 193, and/or one or more vehicle subsystems 191 (e.g. throttle, braking system, steering system, etc.) – See at least ¶ [0141])
wherein the processor changes a shaking of the vehicle when the physical function inspection of the target person is performed according to the behavior of the target person or an input by the target person. (Typically, designers have recognized that there is a higher likelihood of experiencing motion sickness symptoms, including nausea and dizziness, if a person, or a vehicle with an occupant inside, is exposed to lateral disturbances and/or vertical oscillations at low frequencies between about 0.05 HZ-0.5 Hz. However, the inventors have determined that motion sickness may also occur due to motions in various directions such as heave, pitch, and/or roll at higher frequencies such as, for example, in the range of 0.5 HZ-10 Hz. Further, a person’s sensitivity to motions within this frequency range may be exacerbated if they are performing certain tasks such as reading, watching a video, playing a video game, or other activities in an environment where they are at least partially decoupled from controlling or otherwise being aware of the movement of their immediate environment as might occur in a vehicle. Consequently, one or more Suspension systems, or movement mitigation devices, associated with one or more portions of a vehicle may be operated in order to mitigate motion to a vehicle occupant within either one, or both, of these frequency ranges to a greater degree in one or more modes of operation than is typically done in a vehicle – See at least ¶ [0075] and [0099])
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the vehicle occupant posture detection of Karlsson and Breed to provide for the methods and systems for controlling vehicle body motion and occupant experience, as taught in Anderson, to provide cues that help enhance situational awareness of the vehicle occupants and/or help mitigate motion sickness. (At Anderson ¶ [0082])
Regarding claim 8, Karlsson does not explicitly teach, but Anderson further teaches:
wherein the processor controls acceleration and deceleration of the vehicle, and change the shaking of the vehicle by changing an upper limit of acceleration and deceleration of the vehicle. (Depending on the road surface varying accelerations will cause motion sickness or other issues. In one example, at 40 mph the occupant will experience vibrations known to cause motion sickness. However, over the same road section the vehicle traveling at 65 mph will not experience vibrations known to cause motion sickness. The system may adjust the speed of the vehicle to prevent vibration frequencies known to cause motion sickness or other discomforts – See at least ¶ [0101]-[0103])
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the vehicle occupant posture detection of Karlsson and Breed to provide for the methods and systems for controlling vehicle body motion and occupant experience, as taught in Anderson, to provide cues that help enhance situational awareness of the vehicle occupants and/or help mitigate motion sickness. (At Anderson ¶ [0082])
Regarding claim 9, Karlsson does not explicitly teach, but Anderson further teaches:
wherein the processor changes the shaking of the vehicle by changing a damping force generated by a variable damping force damper provided in the vehicle. (Elaborating on the above noted embodiment regarding masking the road disturbances transmitted to a vehicle body using an active Suspension. In one such embodiment, the active suspension system of a vehicle may be used to alter the frequency and/or phase of vehicle motion in order to reduce the likelihood of motion sickness. For example, the active suspension system may induce motion in the vehicle body in addition to the road induced movement transmitted to the vehicle body to change a frequency of the overall movement experienced by a vehicle occupant. These induced motions by the active suspension system may include pitch, roll, and heave motions of the vehicle body – See at least ¶ [0103])
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the vehicle occupant posture detection of Karlsson and Breed to provide for the methods and systems for controlling vehicle body motion and occupant experience, as taught in Anderson, to provide cues that help enhance situational awareness of the vehicle occupants and/or help mitigate motion sickness. (At Anderson ¶ [0082])
Regarding claim 10, Karlsson further teaches:
wherein the processor notifies the passenger of information regarding the physical function inspection. (The method 34 can further include providing an occupant alert via the conventional or novel occupant interface 30 that informs the occupant of whether or not he or she has chosen a seating configuration that promotes good posture, i.e., information regarding the physical function inspection, and therefore comfort and safety – See at least ¶ [0024])
Regarding claim 11, Karlsson further teaches:
wherein the processor notifies the target person of the evaluation result of the physical function. (The method 34 can further include providing an occupant alert via the conventional or novel occupant interface 30 that informs the occupant of whether or not he or she has chosen a seating configuration that promotes good posture, and therefore comfort and safety, i.e., the evaluation results – See at least ¶ [0024])
Regarding claim 12, Karlsson does not explicitly teach, but Anderson further teaches:
wherein the processor notifies the passenger of the target person. (If a systems detects the presence of a child seat or young children in the vehicle, special instructions may be given. The system may also test if a child seat is properly secured and notify occupants if an unsafe condition exists – See at least ¶ [0241]; Examiner notes that the target in this situation is a child and the notification is provided to the occupants of the vehicle.)
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the vehicle occupant posture detection of Karlsson and Breed to provide for the methods and systems for controlling vehicle body motion and occupant experience, as taught in Anderson, to provide cues that help enhance situational awareness of the vehicle occupants and/or help mitigate motion sickness. (At Anderson ¶ [0082])
Regarding claim 13, Karlsson does not explicitly teach, but Anderson further teaches:
wherein the processor notifies the target person of a start of the physical function inspection. (if vehicle sensors detect that a crash or accident is imminent, occupants may also be notified to brace for impact or to assume a particular position or to fasten seatbelts. Occupants may be made aware of such procedures at the beginning of a ride or when a new passenger enters the vehicle. The methods by which occupants can brace themselves for an impact that will provide the best chance of promoting passenger safety may be explained automatically to any new occupant by means of a video presentation – See at least ¶ [0241]; Examiner notes that the instructions for crashing can be considered the start of the physical function inspection.)
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the vehicle occupant posture detection of Karlsson and Breed to provide for the methods and systems for controlling vehicle body motion and occupant experience, as taught in Anderson, to provide cues that help enhance situational awareness of the vehicle occupants and/or help mitigate motion sickness. (At Anderson ¶ [0082])
Claim(s) 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Karlsson in view of Anderson and Breed, as applied to claim 1, and in further view of Johnson et al. (US 2006/0217864 A1, “Johnson”).
Regarding claim 3, Karlsson discloses that the load sensor may be associated with the vehicle seat. The combination Karlsson, Anderson, and Breed does not explicitly teach that the load sensor is provided on a seating surface of a seat of a vehicle. However, Johnson discloses weight measuring systems and methods for vehicles and teaches:
wherein the load sensor is provided on a seating surface of a seat of the vehicle. (As shown in FIG. 18D, one or more SAW strain gages 171 could also be placed on the bottom surface or support pan 178 of the cushion or foam layer 161 in order to measure the deflection of the bottom surface which is representative of the weight of the occupying item on the seat or the pressure applied by the occupying item to the seat. An interrogator 169 could also be used in this embodiment – See at least ¶ [0443])
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the vehicle occupant posture detection of Karlsson, Anderson, and Breed to provide for the weight measuring systems and methods for vehicles, as taught in Johnson, to enhance the evaluation of the seated-state of the seat or the occupancy of the vehicle. (At Johnson ¶ [0191])
Regarding claim 4, the combination of Karlsson, Anderson, and Breed does not explicitly teach, but Johnson further teaches:
wherein the load sensor is provided on a strap of the vehicle. (There are many other methods by which SAW devices can be used to determine the weight and/or weight distribution of an occupying item other than the methods described above and all such uses of SAW strain sensors for determining the weight and weight distribution of an occupant are contemplated. For example, SAW devices with appropriate straps can be used to measure the deflection of the seat cushion top or bottom caused by an occupying item, or if placed on the seat belts, the load on the belts can determined wirelessly and powerlessly – See at least ¶ [0498])
Therefore it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to have modified the vehicle occupant posture detection of Karlsson, Anderson, and Breed to provide for the weight measuring systems and methods for vehicles, as taught in Johnson, to enhance the evaluation of the seated-state of the seat or the occupancy of the vehicle. (At Johnson ¶ [0191])
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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/C.L.C./Examiner, Art Unit 3662
/IG T AN/Primary Examiner, Art Unit 3662