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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/10/26 has been entered.
Claim Rejections - 35 USC § 101
The instant invention is directed to a vehicle image sensor, and mobile device interaction to create a driving score via short range wireless. The invention is more than just the application of a generic computer to achieve an abstract idea.
DETAILED ACTION
Applicant filed an RCE On 2/10/26. claims 1-20 are pending; Claims 1, 8 and 15 are amended. No claims are canceled or added, therefore claims 1-20 remain. This action is a non-final office action.
Claim Rejections - 35 USC § 103
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) 1-20 are is/are rejected under 35 U.S.C. 103 as being unpatentable over
103(a) US Patent Publication to Stempora 20150025917
As per claim 1 Stempora discloses;
activating an image sensor associated with a vehicle in response to detecting a mobile device at the vehicle via a short range wireless communication,
(0096 one of the features of Stempora), wherein the image sensor oriented to capture images of a driver of the vehicle; Stempora (0075, 0105, in regards to the amended / argued element in 0114, Stempora says in one embodiment the portable device is a Bluetooth device that is paired to the vehicle and various other ways to link the phone and the vehicle, 0174, could be a portable external device)
wherein the image sensor is oriented to capture images of a driver of the vehicle and is separate from the mobile device;
Stempora (fig. 10 shows both mobile and vehicle sensor information being combined)
Stempora receiving, by the mobile device from the image sensor,
(separate image sensor in 0090, in 0079, a separate built in device can work with the mobile device, to 0080, it’s very open ended as to what Stempora can accomplish)
a first image depicting the driver Stempora (0009, image of the driver)
captured via the image sensor at a first time and a second image depicting the driver captured via the image sensor at a second time; (0145 cognitive capacity measuring, would be dune at various times to see changes)
analyzing, by the mobile device, the first image and the second image to detect (i) from the first image, a first hand or head position of the driver,
Stempora(head or hand is a choice, 0152, 0145)
and (ii) from the second image, a second hand or head position of the driver; determining (i) a first value representing a first risk of loss based on the first hand or head position and,
(ii) a second value representing a second risk of loss based on the second hand or head position; calculating, by the mobile device, a driving score based at least in part on first value and the second value; and displaying, by the mobile device, the driving score.
Stempora (0173, risk score based “in part” could be a little bit)
Here Stempora like applicant has multiple embodiments. However, in Stempora (0090) “and is separate from the mobile device,”
Furthermore, while applicant appears to be using two images for example to identify changes in the user it might be comparing the device and the image sensor or just two images from the image sensor, however Stempora watches for movement for example, 0272 without specifically saying two images because a video camera takes multiple images ( from Stempora like applicant “in one embodiment the vehicle or portable device …. Or an accessory or add on ….), thus it therefore have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Stempora in various manners contemplated to “more accurately assess risk” (0003)
Claims 8 and 15 are similar to claim 1.
As per claim 2, Stempora discloses; the computer-implemented method of claim 1, further comprising: generating (i) a first timestamp associated with capture of the first image, and (ii) a second timestamp associated with capture of the second image. Stempora(0052, it appears form applicant spec, the time stamps are just images being captured with the time attached, not first and second, these are just examples
Claims 9 and 16 are similar to claim 2
As per claim 3 Stempora discloses; The computer-implemented method of claim 2, wherein displaying the driving score comprises: displaying, by the mobile device, (i) the driving score, (ii) the first timestamp, and (iii) the second timestamp.
Stempora(0052, it appears form applicant spec, the time stamps are just images being captured with the time attached, not first and second, these are just examples, see 0198 for feedback to the individual display)
Claims 10, 17 are similar to claim 3
As per claim 4, Stempora discloses; The computer-implemented method of claim 1, wherein the image sensor is disposed within the vehicle. (claim 6 of parent)
Stempora (0201 of stempora, vehicle camera on the outside and falling asleep measured by a sensor)
Claim 11 is similar to claim 4
As per claim 5 Stempora discloses; The computer-implemented method of claim 1, wherein displaying the driving score comprises: displaying, by the mobile device, (i) the driving score as a number, and (ii) a label grade. (per applicant spec. label grade is good/fair/poor, letter grade etc., any will be ok, 0260 of Stempora risk profile… risk score)
Claims 12 and 18 are similar to claim 5.
As per claim 6, Stempora discloses;
The computer-implemented method of claim 1, wherein detecting (i) from the first image, the first hand or head position of the driver, and (ii) from the second image, the second hand or head position of the driver comprises: detecting (i) from the first image, whether a first hand of the driver is positioned on a steering wheel of the vehicle, and (ii) from the second image, whether a second hand of the driver is positioned on the steering wheel of the vehicle. (0157 can determine the hand positions, “or” is a choice)
Claims 13 and 19 are similar to claim 6.
As per claim 7 Stempora discloses; The computer-implemented method of claim 1, wherein detecting (i) from the first image, the first hand or head position of the driver, and (ii) from the second image, the second hand or head position of the driver comprises: detecting (i) from the first image, a first direction in which a head of the driver is looking, and (ii) from the second image, a second direction in which the head of the driver is looking.
Stempora (0091, eye monitoring, eyes are in the head, applicant specification supports “looking” but not the direction of looking, only that they are looking forward or not, 0023-26, it does not say they can determine any other direction of looking)
Claims 14 and 20 are similar to claim 7.
Response to Arguments
Applicant filed an RCE On 2/10/26. claims 1-20 are pending; Claims 1, 8 and 15 are amended. No claims are canceled or added, therefore claims 1-20 remain. This action is a non-final office action.
Rejection under 35 U.S.C. § 112- moot
Rejection under 35 U.S.C. § 103
Claims 1-20 stand rejected under 35 U.S.C. § 103 as allegedly being unpatentable over Stempora.
Independent claim 1 recites, in part, "activating an image sensor associated with a vehicle in response to detecting a mobile device at the vehicle via a short range wireless communication, wherein the image sensor is oriented to capture images of a driver of the vehicle and is separate from the mobile device."
Independent claims 8 and 15 recite similar features.
The Office appears to acknowledge that Stempora fails to explicitly describe or suggest "activating an image sensor associated with a vehicle in response to detecting a mobile device at the vehicle via a short range wireless communication,
wherein the image sensor is oriented to capture images of a driver of the vehicle and is separate from the mobile device," as recited by claim 1 and similarly recited by claims 8 and 15.
Present Action, p. 9. However, the Office alleges that claim 1 is still obvious because Stempora "includes elements in 0114 to link a mobile device to the vehicle automatically in many ways." Id. Applicant respectfully disagrees.
Here, in this context see fig. 10 where servers and portable devices feed into the modeling. On reviewing Stempora, see 0114, link to a portable device., even in 0115 from vehicle to operator, and vehicle to the portable device etc.
In particular, Stempora at paragraph [0114] describes that "the vehicle comprises a communication device selected from the group: radio transceiver, radio receiver, WiFi transceiver, Bluetooth transceiver, near field Communication device (such as RFID), optical communication component, and wired communication component" and that "pairing of the portable device and the Bluetooth device is automated via near field Communications technology that allows the vehicle operator to simply place the portable device near the Bluetooth device to pair it and identify the Vehicle Identification Number (VIN) of the vehicle." Stempora, para. [0114]. Stempora's paragraph [0114] further describes that "the vehicle communication component is used to determine location of the operator and/or one or more occupants within vehicle, provide a communication link to a portable device, provide a communication link to an external party, provide a communication link to a vehicle infrastructure network or exchange, or provide a communication link to a communication tower for cellular voice or data communication." Id. In other words, Stempora discusses establishing a communication link between the portable device and the vehicle. However, it is unclear how this communication link discloses or suggests "activating an image sensor . ..in response to detecting a mobile device at the vehicle via a short range wireless communication," as recited by claim 1, emphasis added.
Here, “activating” might not be literally in Stempora but, used to send auditory or visual information to determine the cognitive load including taking a picture of the user putting on makeup, 0169-70. Thus an image sensor is used to do this. It’s arguably a loss of privacy but, Stempora appears to consider this type of “spying” on the user to measure activity in the car.
The Office also cites paragraph [0096] of Stempora in connection to the above
features. In particular, Stempora at paragraph [0096] describes that "the vehicle or portable device (or an accessory or add-on in communication with the portable device or vehicle) receives information from one or more sensors, devices, or components related to the vehicle operator's cognitive information, such as cognitive capacity, using a RF (radio frequency) transmitter or transceiver built into a driver's license, wallet or purse, portable device, wireless phone (such as a smartphone with BluetoothTM, a keychain fob, or the vehicle's wireless communication system." Stempora, para. [0096]. In other words, Stempora discusses receiving information from sensors. However, it is unclear how receiving information from sensors discloses or suggests "activating an image sensor . .. in response to detecting a mobile device at the vehicle via a short range wireless communication," as recited by claim 1, emphasis added.
Accordingly, Stempora at least fails to disclose or suggest "activating an image sensor associated with a vehicle in response to detecting a mobile device at the vehicle via a short range wireless communication" as recited by claim 1, and similarly recited by claims 8 and 15. Dependent claims 2-7, 9-14, and 16-20 depend from independent claims 1, 8, and 15, respectively, and are therefore allowable for at least the same reasons as their respective independent claims. Accordingly, Applicant requests reconsideration and withdrawal of rejection under 35 U.S.C. § 103.
The argument is non persuasive, as wireless communication such as blue tooth, ie short range wireless is found in 0083 of Stempora.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. A search of IP.com revealed the following references;
IC-DEEP: A serious games based application to assess the ergonomics of in-vehicle information systems, IEEE 2012
User authentication using mobile phones for mobile payment, IEEE 2015
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/BRUCE I EBERSMAN/Primary Examiner, Art Unit 3693
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