DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
2. Applicant's arguments filed 11/04/2025 have been fully considered but they are not persuasive.
3. Applicant argues the amended claim(s) 1 is/are allowable over Mueller et al. (US-20180267620-A1). Applicant continues, the amended features of claim 1 are not obvious over the cited art because the placement of the display device ahead of the front seat and facing the front seat and able to determine a gesture performed by a hand of a passenger which has not released a steering wheel is a new capability not disclosed or enabled by the cited art. Thus, the claimed features are not a mere rearrangement of known elements. The cited art does not disclose detecting gestures of a hand holding a steering wheel. Further, Muller in paragraph [0031] and [0032] discloses that the body part should be removed from the sensing region to end and confirm commands. This does not allow for recognizing gestures by a hand on a steering wheel, because the hand must remain on the steering wheel for safety reasons and cannot be removed from the sensing area. The other cited art does not remedy this deficiency of Muller. Accordingly, the cited art does not disclose or suggest the above-mentioned amended features of claim 1 in combination with the other features of claim 1.
4. Indeed, Mueller does not teach the newly amended feature(s) of “determines a gesture performed by a hand of the passenger which has not released a steering wheel of the vehicle based on the reflected radio wave received by the receiver.” As such, this amendment has necessitated additional reference Kim et al. (KR-101513540-B1) which teaches, in brief, a vehicle control device and method, and more particularly, to a vehicle control device and method by recognizing gestures of a hand holding a steering wheel while driving a vehicle ([0001]) which includes an infrared image acquisition unit for acquiring an input image by photographing the interior of a vehicle to detect a driver's hand gesture; an image preprocessing unit for receiving and normalizing the input image and separating a foreground and a background in a preset manner; a reference gesture learning unit for storing features of at least one reference hand gesture designated in advance and a gesture command corresponding to the at least one reference hand gesture; a hand gesture recognition unit for receiving the foreground and the background separated by the image preprocessing unit, determining a steering wheel area from the received background, and selecting a reference hand gesture corresponding to the driver's hand gesture included in the foreground among the at least one reference hand gesture when a portion of the foreground and the steering wheel area overlap, and acquiring the gesture command corresponding to the selected reference hand gesture; and a control command execution unit for performing a preset operation in response to the gesture command applied from the hand gesture recognition unit ([0044]). Examiner notes, for a device to recognize gestures of a hand holding a steering wheel while driving a vehicle, the radar or the infrared image acquisition unit must be located in a place that can detect the driver’s hand and facing the front seat which is taught by Mueller (Applicant is referred to the rejection of claim 1 in Claim Rejections - 35 USC § 103 section).
5. As such, Mueller, in view of Kim, teaches each and every limitation of these claims and this argument is moot.
Claim Rejections - 35 USC § 103
6. 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.
7. Claim(s) 9
is/are rejected under 35 U.S.C. 103 as being unpatentable over Mueller et al. (US-20180267620-A1) in view of Kim et al. (KR-101513540-B1).
8. Claim(s) 1, and 7
is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mueller et al. (US-20180267620-A1).
In regards to claim 1
, Mueller teaches A driver monitoring system comprising: ([0007] At least one radar unit in the passenger compartment of the motor vehicle for sensing a position of a body part of a person and/or a movement of the body part in the passenger compartment on the basis of the reflection respectively received by the at least one radar unit. Examiner notes, a person encompasses the driver and sensing a position of a body part of a person and/or a movement of the body part in the passenger compartment is monitoring the driver of the vehicle.)
a display device disposed in such a way as to face a front seat in a location in a vehicle ahead of the front seat (Figs.1-2, [0028] A display device 16 is provided in the vehicle which is arranged in a center console or a dashboard of the motor vehicle 1. Examiner notes, a display device arranged in a center console or a dashboard of the motor vehicle necessarily faces a front seat of the vehicle and it is located in a location ahead of the front seat.)
a passenger detection device to detect a passenger in the vehicle in which the display device is disposed, the passenger detection device comprising: (Figs.1-2, [0027] The motor vehicle 1 has a radar unit 2. A sensing region 4 of the radar unit 2 is oriented in an interior or passenger compartment 5 of the motor vehicle 1. A person 6 situated in the passenger compartment 5. The sensing region 4 is determined by a radar signal 9, which is emitted into the passenger compartment 5 by the antenna 3. A body fluid in the body part 7, that is to say the body cells or bloodstream of the body part 7, reflects the radar signal 9, as a result of which a reflection 10 is returned to the antenna 3. The radar unit 2 thus receives the reflection 10 and generate a reflection signal 11 depending on the reflection 10. A control device 12 identifies a position 13 of the body part 7 in the sensing region 4 and/or the movement 8 on the basis of the reflection signal 11. The radar unit 2 is the passenger detection device to detect a passenger in the vehicle in which the display device is disposed.)
a transmitter mounted on the display device, to transmit a radio wave to an interior of the vehicle; and (Figs. 1-2, [0027] A sensing region 4 of the radar unit 2 is oriented in an interior or passenger compartment 5 of the motor vehicle 1. The sensing region 4 is determined by a radar signal 9, which is emitted into the passenger compartment 5 by the antenna 3 which is the receiver mounted on the display device. A body fluid in the body part 7, that is to say the body cells or bloodstream of the body part 7, reflects the radar signal 9, as a result of which a reflection 10 is returned to the antenna 3. The radar unit 2 thus receives the reflection 10 and generate a reflection signal 11 depending on the reflection 10. The antenna 3 acts as the transmitter.)
a receiver mounted on the display device, to receive a reflected radio wave of the radio wave transmitted by the transmitter ([0027] A sensing region 4 of the radar unit 2 is oriented in an interior or passenger compartment 5 of the motor vehicle 1. The sensing region 4 is determined by a radar signal 9, which is emitted into the passenger compartment 5 by the antenna 3 which is the receiver mounted on the display device. A body fluid in the body part 7, that is to say the body cells or bloodstream of the body part 7, reflects the radar signal 9, as a result of which a reflection 10 is returned to the antenna 3. The radar unit 2 thus receives the reflection 10 and generate a reflection signal 11 depending on the reflection 10. The antenna 3 is also the receiver mounted on the display device, to receive a reflected radio wave of the radio wave transmitted by the transmitter.),
state determination circuitry to determine a state of the passenger on a basis of the reflected radio wave received by the receiver; and (Figs. 1-2, [0027] A body fluid in the body part 7, that is to say the body cells or bloodstream of the body part 7, reflects the radar signal 9, as a result of which a reflection 10 is returned to the antenna 3. The radar unit 2 thus receives the reflection 10 and generate a reflection signal 11 depending on the reflection 10. A control device 12 identifies a position 13 of the body part 7 in the sensing region 4 and/or the movement 8 on the basis of the reflection signal 11. The control device 12 acts as the state determination circuitry which determines a state of the passenger on a basis of the reflected radio wave received by the receiver.)
control circuitry to perform control based on the state of the passenger determined by the state determination circuitry, wherein the state determination circuitry determines a gesture performed by a hand of the passenger (Fig. 3, [0032] Fig. 3 shows a gesture which is recognized on the basis of the reflection signal 11. In this case, the fingers 21, 22 are brought into contact by bringing together 23. This symbolizes clicking using a mouse button. When the bringing together 23 is identified, the adjustment value 19 is blocked, that is to say that it remains unchanged independently of further reflection signals 11. The person 6 can then move the body part 7 out of the sensing region 4. The gesture can also be provided for confirming a menu selection. Examiner notes, as mentioned above, the gesture of the driver is recognized on the basis of the reflection signal which is determining a gesture performed by a hand of the passenger which has not released a steering wheel of the vehicle based on the reflected radio wave received by the receiver, especially when the driver used one hand for the gesture while keeps the other hand on the steering wheel.)
the display device includes a display and an outer frame surrounding an outer edge of the display, and (Fig. 5, [0034] The radar unit 2 is fitted to an edge 26 of the active region, that is to say the display surface 24 of the display device 16. In this case, it is arranged behind a glass pane 27 that also covers and/or protects the display surface 24 which acts as the outer frame surrounding an outer edge of the display.)
the transmitter and the receiver are mounted on at least one of: an upper side of the outer frame, a lower side of the outer frame, and a back surface side of the display in a state where the display device is disposed. (Fig. 5, [0034] The radar unit 2 is fitted to an edge 26 of the active region, that is to say the display surface 24 of the display device 16. In this case, it is arranged behind a glass pane 27 that also covers and/or protects the display surface 24 which acts as the outer frame surrounding an outer edge of the display. The edge 26 of the active region of the display surface encompasses the upper side, the lower side, the right side or the left side of the outer frame.)
Mueller does not teach determines a gesture performed by a hand of the passenger which has not released a steering wheel of the vehicle based on the reflected radio wave received by the receiver.
However, Kim teaches a vehicle control device and method, and more particularly, to a vehicle control device and method by recognizing gestures of a hand holding a steering wheel while driving a vehicle ([0001]) which includes an infrared image acquisition unit for acquiring an input image by photographing the interior of a vehicle to detect a driver's hand gesture; an image preprocessing unit for receiving and normalizing the input image and separating a foreground and a background in a preset manner; a reference gesture learning unit for storing features of at least one reference hand gesture designated in advance and a gesture command corresponding to the at least one reference hand gesture; a hand gesture recognition unit for receiving the foreground and the background separated by the image preprocessing unit, determining a steering wheel area from the received background, and selecting a reference hand gesture corresponding to the driver's hand gesture included in the foreground among the at least one reference hand gesture when a portion of the foreground and the steering wheel area overlap, and acquiring the gesture command corresponding to the selected reference hand gesture; and a control command execution unit for performing a preset operation in response to the gesture command applied from the hand gesture recognition unit ([0044]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the invention of Mueller by incorporating the teachings of Kim, such that the passenger’s gestures of a hand holding a steering wheel while driving a vehicle are recognized.
The motivation to modify is that, as acknowledged by Kim, s to provide various convenient functions that can be used while driving ([0002]) which one of ordinary skill would have recognized allows the passenger to control the devices in the vehicle is a safe manner without being distracted.
In regards to claim 7
, Mueller, as modified by Kim, teaches The driver monitoring system according to claim 1, further comprising an imaging device disposed in such a way as to be able to image the front seat. ([0005] In order to sense persons in the interior of a motor vehicle in a non-contact fashion, a camera is used. If the actuation of operating devices is involved, a non-contact operational control is realized by capacitive sensors or infrared sensors. Camera-based gesture recognition is used in the motor vehicle for identifying an actuation of an operating element. As mentioned above, Mueller suggests a camera is used for passenger detection.)
9. Claim(s) 9
is/are rejected under 35 U.S.C. 103 as being unpatentable over Mueller et al. (US-20180267620-A1) in view of Kim et al. (KR-101513540-B1) and further in view of Brankovic et al. (US-20170039835-A1).
In regards to claim 9
, Mueller, as modified by Kim, teaches The driver monitoring system according to claim 1.
Mueller, as modified by Kim, does not teach wherein the state determination circuitry determines heartbeat or respiration of the passenger on a basis of the reflected radio wave received by the receiver.
However, Brankovic teaches an apparatus 100 and a method of operation of the apparatus for seat occupancy detection ([0029], Figs. 1-2). Apparatus 100 is preferably integrated in the vehicle, having Line-of-Sight (LOS) between the system and the human body ([0065]). Present invention has innovative approach of integrating complete RF functionalities of the mm-wave radar (30-300 GHz) within a system-on-chip, including complete mm-wave frequency synthesis, fabricated in standard silicon process. Digital signal processing is using single digital processing HW for simultaneous processing of both heartbeat and respiratory signals ([0044]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the motor vehicle with at least one radar unit of Mueller, as already modified by Kim, by incorporating the teachings of Brankovic, such that digital signal processing is used for simultaneous processing of both heartbeat and respiratory signals from the reflected waves of the radar unit.
The motivation to modify is that, as acknowledged by Brankovic, to improve safety by providing new features and additionally, economic benefits by avoiding unnecessary air bag activation and to offer an alternative to currently commonly used systems integrated in car seats with more features and with lower or same cost ([0009]) which one of ordinary skill would have recognized allows the passengers of the car to stay safe.
Conclusion
10. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Poupyrev (US-10139916-B2) teaches wide-field radar-based gesture recognition.
Ben Khadhra et al. (WO-2018096053-A1) teaches a polarimetric radar system for detecting and classifying objects e.g. human, animals, and inanimate objects, positioned in an interior of a vehicle e.g. passenger cars, lorries and buses.
Khlifi (DE-102016219517-B4) teaches a motor vehicle, comprising at least one seat for a person in an interior space, at least one radar sensor directed to the seat in the interior and a control device evaluating the radar data of the radar sensor for determining a passenger information on the seat descriptive occupant information.
Diewald (WO-2015022358-A1) teaches a method for sensing occupancy status within an automotive vehicle uses a radar sensor system.
11. 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).
12. 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.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Preston J Miller whose telephone number is (703)756-1582. The examiner can normally be reached Monday through Friday 7:30 AM - 4:30 PM EST.
14. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
15. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ramya P Burgess can be reached at (571) 272-6011. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/P.J.M./Examiner, Art Unit 3661
/RAMYA P BURGESS/Supervisory Patent Examiner, Art Unit 3661
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