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 .
Examiner’s Note
Examiner has cited particular paragraphs/columns and line numbers or figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicants’ definition which is not specifically set forth in the claims.
Response to Amendment
The amendment filed 7/25/2025 has been entered. Claims 1-16, 18-21, and 23-25 remain pending in the application.
Response to Arguments
Applicant's arguments filed 7/25/2025 have been fully considered but they are not persuasive.
Regarding the rejection of the claims under U.S.C. 103, applicant argues that the Ljungblad reference fails to discloser the limitations of Claim 17, which have now been incorporated into the independent claims. Specifically, the applicant points to the limitations to cease operating to determine the carbon dioxide level at the interior portion of the vehicle when the vehicle is parked and the determined temperature of the interior portion of the vehicle is below the first threshold temperature but above the second threshold temperature, saying that the Ljungblad reference fails to disclose this as the reference only discloses such a pause in CO2 detection in a standby mode- which is triggered via a lack of vehicle occupants rather than during the vehicle occupation as is claimed in the amended claims and previously-examined Claim 17. However, the examiner disagrees as the Ljungblad reference discloses a system capable of performing all of the claimed functions of the applicant’s currently-written claims. As explained in the previous rejection, the system capable of sensing data less frequently is capable of reducing said frequency to zero, ceasing operation. A system capable of ceasing operation in response to Co2 reading is further capable of ceasing operation in response to other nominal readings, such as temperature remaining within acceptable range. The examiner examines the claims in view of MPEP 2114 I-IV, which explains that a prior art may read on a functional limitation that is an inherent characteristic of the prior art, as the examiner considers to be the case here. The claims as written are systems, and as such unlike method claims the prior art which is capable of performing the functions described in the limitations reads on the claim limitations even if the function is not recited in the same order of operation or in response to the same inputs as claimed. Ion this case, as the system of Ljungblad is capable of reducing the frequency of carbon dioxide detection to 0, and capable of not performing functions in response to temperature not exceeding a first and second threshold, the Ljungblad system is inherently capable of performing the claimed limitations and therefore reads on the claim. As such, the examiner maintains that the rejection is proper, see updated rejections of the claims below in response to claim amendments.
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, 4-7, 9, 10, 15, 16, 18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Ljungblad (US 20240051370), herein after referred to as Ljungblad, in view of Wittliff (US 20170190233), herein after referred to as Wittliff.
Regarding Claim 1, Ljungblad discloses:
an air sensing device disposed at a vehicular component, (see at least [0014] “a sensor unit arranged to analyze air from the compartment”)
wherein the vehicular component is disposed at an interior portion of a vehicle equipped with the vehicular cabin monitoring system; (see at least [0065] “A sensor unit 2 is included to measure these entities at one or several representative locations within the compartment 1”)
wherein the air sensing device captures sensor data representative of a sample of air at the vehicular component; (see at least [0105] “ the sensor unit 2 is positioned within the vehicle compartment in such a manner that the temperature of the inlet air flow is representative of the compartment temperature.”)
an electronic control unit (ECU) comprising electronic circuitry and associated software, (see at least [0068] “A control and communication unit, CCU, 3 is adapted to exchange control and sensor signals with sensor unit 2.”)(*Examiner interprets the CCU as an ECU equivalent having an alternative name)
wherein the electronic circuitry comprises a data processor (see at least [0068] “The CCU is typically a multipurpose digital processor ”)
wherein the vehicular cabin monitoring system, based on processing at the ECU of sensor data captured by the air sensing device, determines a carbon dioxide level at the interior portion of the vehicle; (see at least [0084] “ the sensor unit 2 continuously, or semi continuously, monitors the air quality of the air in the vehicle compartment at least by determining the CO.sub.2 concentration.”)
wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating and based on the determined carbon dioxide level at the interior portion of the vehicle, is operable to determine occupancy of the vehicle; (see at least [0058] “The park mode differs from the two previous modes by the absence of a driver, focusing on the possible presence of a child or a pet accidently left behind. Detection is enabled by monitoring the compartment CO.sub.2 concentration,”)
is operable to determine a temperature at the interior portion of the vehicle; (see at least [0105] “Preferably, the sensor unit 2 is positioned within the vehicle compartment in such a manner that the temperature of the inlet air flow is representative of the compartment temperature.”)
and wherein the first threshold temperature is higher than the second threshold temperature (see at least [0090] “ the temperature is held within a temperature range LL.sub.2<T<UL.sub.2”)
wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating and based on the determined carbon dioxide level at the interior portion of the vehicle, determines occupancy of the vehicle; (see at least [0058] “The park mode differs from the two previous modes by the absence of a driver, focusing on the possible presence of a child or a pet accidently left behind. Detection is enabled by monitoring the compartment CO.sub.2 concentration,”)
wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating (see at least [0089] “The park mode comprises the steps:”)
and responsive to determining presence of an occupant at the interior portion of the vehicle, (see at least [0092] “an increase in the CO.sub.2 concentration could be taken as an indication of a presence of a child or pet being left behind in the vehicle.”)
triggers an alert: (see at least [0092] “ If the rate of change of the CO.sub.2 concentration is above a predetermined value an indication or alarm may be issued without the concentration being above the predetermined upper limit value, UL.sub.3.”)
and wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating (see at least [0089] “The park mode comprises the steps:" [0093] "23:3 an optional step may be provided wherein the system is placed in a standby mode."”)
and based on the determined temperature of the interior portion of the vehicle being within a range of a threshold temperature, (see at least [0090] “the HVAC system controlled so that the temperature is held within a temperature range LL.sub.2<t<</t<UL.sub.2”)
ceases capturing sensor data with the carbon dioxide sensing device. (see at least [0093] “During the standby mode the CO.sub.2 level is determined less frequently than in the previous steps and the HVAC system may not be activated or activated only if needed to perform the determination of the CO.sub.2 level.") (*Examiner interprets a system capable of sensing data less frequently is capable of reducing said frequency to zero, ceasing operation. A system capable of ceasing operation in response to Co2 reading is further capable of ceasing operation in response to other nominal readings, such as temperature remaining within acceptable range)
wherein, when the vehicle is operating, (see at least [0081] “The drive mode 22 is entered when and only when the vehicle is being driven.”)
the vehicular cabin monitoring system operates, via processing at the ECU of sensor data captured by the air sensing device (see at least [0083] “The drive mode comprises the steps: [0084] 22:1 the sensor unit 2 continuously, or semi continuously, monitors the air quality of the air in the vehicle compartment”)
to determine the carbon dioxide level at the interior portion of the vehicle; (see at least [0084] “at least by determining the CO.sub.2 concentration.”)
and wherein the vehicular cabin monitoring system, when the vehicle is operating (see at least [0081] “The drive mode 22 is entered when and only when the vehicle is being driven.”)
and based on the determined carbon dioxide level at the interior portion of the vehicle, (see at least [0084] “22:1 the sensor unit 2 continuously, or semi continuously, monitors the air quality of the air in the vehicle compartment at least by determining the CO.sub.2 concentration.”)
controls a heating, ventilation, and air conditioning (HVAC) system of the vehicle. (see at least [0084] “If the CO.sub.2 concentration is above a predetermined value, UL.sub.1 the CCU 3 will communicate with the HVAC control unit 4 to increase the amount of ventilation,”)
Ljungblad does not explicitly disclose:
wherein the vehicular cabin monitoring system, via processing at the ECU of sensor data captured by a temperature sensor of the vehicle,
wherein, when the vehicle is parked and not operating, and responsive to the determined temperature at the interior portion of the vehicle being at or above a first threshold temperature or at or below a second threshold temperature, to determine the carbon dioxide level at the interior portion of the vehicle
While not explicitly disclosing, Ljungblad makes obvious:
wherein the vehicular cabin monitoring system, via processing at the ECU of sensor data captured by a temperature sensor of the vehicle,
The limitation is obvious to a person having ordinary skill in the art at the time of the claimed invention as the Ljungblad reference does describe (see at least [0105] “The sensor unit 2 is preferably provided with at least one temperature sensor”). The reference is capable of determining the temperature of the air, therefore a person having ordinary skill in the art would consider it obvious that the measured data may processed by a processor, and that the ECU is an obvious processor for performing the task.
In the same field of endeavor, Wittliff discloses:
wherein, when the vehicle is parked and not operating, (see at least [Fig. 4] [0055] “ At decision diamond 102, the program logic may verify if the vehicle is parked.”)
and responsive to the determined temperature at the interior portion of the vehicle being at or above a first threshold temperature or at or below a second threshold temperature, to determine the carbon dioxide level at the interior portion of the vehicle (see at least [0056] “At step 104, the dongle may query the vehicle communication system to gather the interior cabin temperature. If the temperature is lower than a threshold temperature value, then the logic flow may return to start. If the temperature is above the threshold temperature value, then the logic flow may progress. At step 106, the dongle may provide whether the carbon dioxide level in the interior cabin is above a threshold CO2 value.”)
The above pieces of prior art are considered analogous as they both represent inventions in the vehicle HVAC field. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Ljungblad to determine the carbon dioxide level responsive to the determined temperature at the interior portion of the vehicle being at or above a first threshold temperature or at or below a second threshold temperature level at the interior portion of the vehicle when the vehicle is parked and not operating, as taught by Wittliff to determine whether a response signal should be sent [0058].
Regarding Claim 4, modified Ljungblad discloses the limitations of Claim 1, and Ljungblad further discloses:
wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating and based on a determination that the carbon dioxide level at the interior portion of the vehicle is increasing, determines presence of the occupant at the interior portion of the vehicle. (see at least [0058] “The park mode differs from the two previous modes by the absence of a driver, focusing on the possible presence of a child or a pet accidently left behind. Detection is enabled by monitoring the compartment CO.sub.2 concentration" [0092] " an increase in the CO.sub.2 concentration could be taken as an indication of a presence of a child or pet being left behind in the vehicle”)
Regarding Claim 5, modified Ljungblad discloses the limitations of Claim 1, and Ljungblad further discloses:
wherein the alert comprises one selected from the group consisting of (i) activating an alarm of the vehicle, (ii) flashing a light of the vehicle and (iii) sending an alert to a smart phone of a user of the vehicle. (see at least [0098] “ As already described in relation to FIG. 2a, audible and visual alarms will be issued ”)
Regarding Claim 6, modified Ljungblad discloses the limitations of Claim 1, and Ljungblad further discloses:
and wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating, (see at least [0088] “The park mode is entered”)
triggers the alert responsive to the determined temperature being greater than the first threshold temperature or less than the second threshold temperature that is less than the first threshold temperature. (see at least [0088] “ the temperature and CO.sub.2 concentration is being monitored with the purpose of detecting any child or pet being left behind and locked within the vehicle and if the temperature rises to dangerous levels. The HVAC system may be put into operation as long as there is power available. If not, the control and communication unit will activate and transmit an alarm signal”)
Regarding Claim 7, modified Ljungblad discloses the limitations of Claim 1, and Ljungblad further discloses:
and wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating, (see at least [0088] “The park mode is entered”)
and responsive to the determined temperature being between the first threshold temperature and the second threshold temperature, does not trigger the alert. (see at least [0088] “ the temperature and CO.sub.2 concentration is being monitored with the purpose of detecting any child or pet being left behind and locked within the vehicle and if the temperature rises to dangerous levels. The HVAC system may be put into operation as long as there is power available. If not, the control and communication unit will activate and transmit an alarm signal") (*Examiner interprets a system which raises alarm if the temperature is at an unsafe level, as not activating an occupancy alert when the temperature is within threshold. Especially see paragraph 0092, in which an occupancy alert sans other factors is an alternative embodiment)
Regarding Claim 9, modified Ljungblad discloses the limitations of Claim 1, and Ljungblad further discloses:
wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating (see at least [0087] “if the CCU 3 detects that the driving session has ended the system may enter a park mode”)
and based on a determination that the carbon dioxide level at the interior portion of the vehicle is not increasing, determines absence of the occupant at the interior portion of the vehicle. (see at least [0093] “The standby mode should be activated only if there are clear indications that no humans or animals are in the vehicle compartment. The clear indication being at least that the CO.sub.2 level has not increased during a predetermined time period.”)
Regarding Claim 10, modified Ljungblad discloses the limitations of Claim 1, and Ljungblad further discloses:
wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating (see at least [0089] “The park mode comprises the steps:" [0093] "23:3 an optional step may be provided wherein the system is placed in a standby mode."”)
and responsive to determining absence of the occupant at the interior portion of the vehicle, (see at least [0093] “The standby mode should be activated only if there are clear indications that no humans or animals are in the vehicle compartment.”)
ceases operating to determine the carbon dioxide level at the interior portion of the vehicle (see at least [0093] “During the standby mode the CO.sub.2 level is determined less frequently than in the previous steps and the HVAC system may not be activated or activated only if needed to perform the determination of the CO.sub.2 level.") (*Examiner interprets a system capable of sensing data less frequently is capable of reducing said frequency to zero, ceasing operation)
Regarding Claim 15, modified Ljungblad discloses the limitations of Claim 1, and Ljungblad further discloses:
wherein the vehicle comprises an electric vehicle. (see at least [0079] “immobilization or restricted drivability of the vehicle by means affecting the functioning of the throttle, ... and the electronic driving control unit of an electric vehicle”)
Regarding Claim 16, modified Ljungblad discloses the limitations of Claim 1, and Ljungblad further discloses:
wherein the vehicle comprises a combustion engine. (see at least [0079] “immobilization or restricted drivability of the vehicle by means affecting the functioning of the throttle, gear box or other components of a vehicle driven by fossil fuels”)
Regarding Claim 18, Ljungblad discloses:
an air sensing device disposed at a vehicular component, (see at least [0014] “a sensor unit arranged to analyze air from the compartment”)
wherein the vehicular component is disposed at an interior portion of a vehicle equipped with the vehicular cabin monitoring system; (see at least [0065] “A sensor unit 2 is included to measure these entities at one or several representative locations within the compartment 1”)
wherein the air sensing device captures sensor data representative of a sample of air at the vehicular component; (see at least [0105] “ the sensor unit 2 is positioned within the vehicle compartment in such a manner that the temperature of the inlet air flow is representative of the compartment temperature.”)
an electronic control unit (ECU) comprising electronic circuitry and associated software, (see at least [0068] “A control and communication unit, CCU, 3 is adapted to exchange control and sensor signals with sensor unit 2.”)
wherein the electronic circuitry comprises a data processor (see at least [0068] “The CCU is typically a multipurpose digital processor ”)
wherein the vehicular cabin monitoring system, based on processing at the ECU of sensor data captured by the air sensing device, is configured to determine a carbon dioxide level at the interior portion of the vehicle; (see at least [0084] “ the sensor unit 2 continuously, or semi continuously, monitors the air quality of the air in the vehicle compartment at least by determining the CO.sub.2 concentration.”)
is operable to determine a temperature at the interior portion of the vehicle; (see at least [0105] “Preferably, the sensor unit 2 is positioned within the vehicle compartment in such a manner that the temperature of the inlet air flow is representative of the compartment temperature.”)
and wherein the first threshold temperature is higher than the second threshold temperature (see at least [0090] “ the temperature is held within a temperature range LL.sub.2<T<UL.sub.2”)
wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating and based on the determined carbon dioxide level at the interior portion of the vehicle, determines occupancy of the vehicle; (see at least [0058] “The park mode differs from the two previous modes by the absence of a driver, focusing on the possible presence of a child or a pet accidently left behind. Detection is enabled by monitoring the compartment CO.sub.2 concentration,”)
wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating (see at least [0089] “The park mode comprises the steps:”)
and responsive to determining presence of an occupant at the interior portion of the vehicle, (see at least [0092] “an increase in the CO.sub.2 concentration could be taken as an indication of a presence of a child or pet being left behind in the vehicle.”)
triggers an alert: (see at least [0092] “ If the rate of change of the CO.sub.2 concentration is above a predetermined value an indication or alarm may be issued without the concentration being above the predetermined upper limit value, UL.sub.3.”)
and wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating (see at least [0089] “The park mode comprises the steps:" [0093] "23:3 an optional step may be provided wherein the system is placed in a standby mode."”)
and based on the determined temperature of the interior portion of the vehicle being within a range of a threshold temperature, (see at least [0090] “the HVAC system controlled so that the temperature is held within a temperature range LL.sub.2<t<</t<UL.sub.2”)
ceases capturing sensor data with the carbon dioxide sensing device. (see at least [0093] “During the standby mode the CO.sub.2 level is determined less frequently than in the previous steps and the HVAC system may not be activated or activated only if needed to perform the determination of the CO.sub.2 level.") (*Examiner interprets a system capable of sensing data less frequently is capable of reducing said frequency to zero, ceasing operation. A system capable of ceasing operation in response to Co2 reading is further capable of ceasing operation in response to other nominal readings, such as temperature remaining within acceptable range)
wherein, when the vehicle is operating, (see at least [0081] “The drive mode 22 is entered when and only when the vehicle is being driven.”)
the vehicular cabin monitoring system operates, via processing at the ECU of sensor data captured by the air sensing device (see at least [0083] “The drive mode comprises the steps: [0084] 22:1 the sensor unit 2 continuously, or semi continuously, monitors the air quality of the air in the vehicle compartment”)
to determine the carbon dioxide level at the interior portion of the vehicle; (see at least [0084] “at least by determining the CO.sub.2 concentration.”)
wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating (see at least [0087] “if the CCU 3 detects that the driving session has ended the system may enter a park mode
and based on a determination that the carbon dioxide level at the interior portion of the vehicle is not increasing, determines absence of an occupant at the interior portion of the vehicle; (see at least [0093] “The standby mode should be activated only if there are clear indications that no humans or animals are in the vehicle compartment. The clear indication being at least that the CO.sub.2 level has not increased during a predetermined time period.”)
wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating (see at least [0087] “if the CCU 3 detects that the driving session has ended the system may enter a park mode”)
and based on a determination that the carbon dioxide level at the interior portion of the vehicle is increasing, determines presence of the occupant at the interior portion of the vehicle; (see at least [0092] “an increase in the CO.sub.2 concentration could be taken as an indication of a presence of a child or pet being left behind in the vehicle”)
wherein, when the vehicle is operating, the vehicular cabin monitoring system operates, via processing at the ECU of sensor data captured by the air sensing device to determine the carbon dioxide level at the interior portion of the vehicle: (see at least [0083] “The drive mode comprises the steps:" [0084] "22:1 the sensor unit 2 continuously, or semi continuously, monitors the air quality of the air in the vehicle compartment at least by determining the CO.sub.2 concentration.”)
and wherein the vehicular cabin monitoring system, when the vehicle is operating (see at least [0081] “The drive mode 22 is entered when and only when the vehicle is being driven.”)
and based on the determined carbon dioxide level at the interior portion of the vehicle, (see at least [0084] “22:1 the sensor unit 2 continuously, or semi continuously, monitors the air quality of the air in the vehicle compartment at least by determining the CO.sub.2 concentration.”)
controls a heating, ventilation, and air conditioning (HVAC) system of the vehicle. (see at least [0084] “If the CO.sub.2 concentration is above a predetermined value, UL.sub.1 the CCU 3 will communicate with the HVAC control unit 4 to increase the amount of ventilation,”)
Ljungblad does not explicitly disclose:
wherein the vehicular cabin monitoring system, via processing at the ECU of sensor data captured by a temperature sensor of the vehicle,
wherein, when the vehicle is parked and not operating, and responsive to the determined temperature at the interior portion of the vehicle being at or above a first threshold temperature or at or below a second threshold temperature, the air sensing device-captures sensor data and the vehicular cabin monitoring system operates, via processing at the ECU of sensor data captured by the air sensing device, to determine the carbon dioxide level at the interior portion of the vehicleWhile not explicitly disclosing, Ljungblad makes obvious:
wherein the vehicular cabin monitoring system, via processing at the ECU of sensor data captured by a temperature sensor of the vehicle,
The limitation is obvious to a person having ordinary skill in the art at the time of the claimed invention as the Ljungblad reference does describe (see at least [0105] “The sensor unit 2 is preferably provided with at least one temperature sensor”). The reference is capable of determining the temperature of the air, therefore a person having ordinary skill in the art would consider it obvious that the measured data may processed by a processor, and that the ECU is an obvious processor for performing the task.
In the same field of endeavor, Wittliff discloses:
wherein, when the vehicle is parked and not operating, (see at least [Fig. 4] [0055] “ At decision diamond 102, the program logic may verify if the vehicle is parked.”)
and responsive to the determined temperature at the interior portion of the vehicle being at or above a first threshold temperature or at or below a second threshold temperature, the air sensing device-captures sensor data and the vehicular cabin monitoring system operates, via processing at the ECU of sensor data captured by the air sensing device, to determine the carbon dioxide level at the interior portion of the vehicle (see at least [0020] “the automobile has an on-board vehicle computer and at least one vehicle-based sensor providing first sensor data to the on-board vehicle computer.” [0056] “At step 104, the dongle may query the vehicle communication system to gather the interior cabin temperature. If the temperature is lower than a threshold temperature value, then the logic flow may return to start. If the temperature is above the threshold temperature value, then the logic flow may progress. At step 106, the dongle may provide whether the carbon dioxide level in the interior cabin is above a threshold CO2 value.”)
The above pieces of prior art are considered analogous as they both represent inventions in the vehicle HVAC field. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Ljungblad to determine the carbon dioxide level responsive to the determined temperature at the interior portion of the vehicle being at or above a first threshold temperature or at or below a second threshold temperature level at the interior portion of the vehicle when the vehicle is parked and not operating, as taught by Wittliff to determine whether a response signal should be sent [0058].
Regarding Claim 21, modified Ljungblad discloses the limitations of Claim 18, and Ljungblad further discloses:
wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating (see at least [0089] “The park mode comprises the steps:" [0093] "23:3 an optional step may be provided wherein the system is placed in a standby mode."”)
and responsive to determining absence of the occupant at the interior portion of the vehicle, (see at least [0093] “The standby mode should be activated only if there are clear indications that no humans or animals are in the vehicle compartment.”)
ceases operating to determine the carbon dioxide level at the interior portion of the vehicle (see at least [0093] “During the standby mode the CO.sub.2 level is determined less frequently than in the previous steps and the HVAC system may not be activated or activated only if needed to perform the determination of the CO.sub.2 level.") (*Examiner interprets a system capable of sensing data less frequently is capable of reducing said frequency to zero, ceasing operation)
Claims 2 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ljungblad (US 20240051370), herein after referred to as Ljungblad, in view of Wittliff (US 20170190233), herein after referred to as Wittliff, and Lindahl (US 20120182242), herein after referred to as Lindahl.
Regarding Claim 2, modified Ljungblad discloses the limitations of Claim 1, but Ljungblad does not disclose:
wherein the vehicular component comprises an interior rearview mirror assembly of the vehicle.
In the same field of endeavor, Lindahl discloses:
wherein the vehicular component comprises an interior rearview mirror assembly of the vehicle. (see at least [0005] “The present invention provides an interior rearview mirror assembly” [0097] “a vehicle cabin air monitor can be incorporated into an interior mirror assembly,”)
The above pieces of prior art are considered analogous as they both represent inventions in the vehicle component field. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Ljungblad to have the vehicular monitoring component comprise a interior rearview mirror assembly, as taught by Lindahl to incorporate user controllable functions into the rearview mirror [0005].
Regarding Claim 19, modified Ljungblad discloses the limitations of Claim 18, but Ljungblad does not disclose:
wherein the vehicular component comprises an interior rearview mirror assembly of the vehicle.
In the same field of endeavor, Lindahl discloses:
wherein the vehicular component comprises an interior rearview mirror assembly of the vehicle. (see at least [0005] “The present invention provides an interior rearview mirror assembly” [0097] “a vehicle cabin air monitor can be incorporated into an interior mirror assembly,”)
The above pieces of prior art are considered analogous as they both represent inventions in the vehicle component field. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Ljungblad to have the vehicular monitoring component comprise a interior rearview mirror assembly, as taught by Lindahl to incorporate user controllable functions into the rearview mirror [0005].
Claims 3 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ljungblad (US 20240051370), herein after referred to as Ljungblad, in view of Wittliff (US 20170190233), herein after referred to as Wittliff, and Wu (US 20220126457), herein after referred to as Wu.
Regarding Claim 3, modified Ljungblad discloses the limitations of Claim 1, but Ljungblad does not disclose:
wherein the air sensing device comprises a nondispersive infrared (NDIR) sensor.
In the same field of endeavor, Wu discloses:
wherein the air sensing device comprises a nondispersive infrared (NDIR) sensor. (see at least [0027] “CH4, CO2 and CO are special cases requiring a different type of sensor called nondispersive infrared sensor (NDIR) that works on light absorption rather than ionization. Thus in some instances, the first gas sensor 142 can include a PID, a NDIR, or a combination of both PID and NDIR.”)
The above pieces of prior art are considered analogous as they both represent inventions in the vehicle gas detection field. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Ljungblad to incorporate an NDIR sensor, as taught by Wu to measure carbon dioxide [0027].
Regarding Claim 20, modified Ljungblad discloses the limitations of Claim 18, but Ljungblad does not disclose:
wherein the air sensing device comprises a nondispersive infrared (NDIR) sensor.
In the same field of endeavor, Wu discloses:
wherein the air sensing device comprises a nondispersive infrared (NDIR) sensor. (see at least [0027] “CH4, CO2 and CO are special cases requiring a different type of sensor called nondispersive infrared sensor (NDIR) that works on light absorption rather than ionization. Thus in some instances, the first gas sensor 142 can include a PID, a NDIR, or a combination of both PID and NDIR.”)
The above pieces of prior art are considered analogous as they both represent inventions in the vehicle gas detection field. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Ljungblad to incorporate an NDIR sensor, as taught by Wu to measure carbon dioxide [0027].
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ljungblad (US 20240051370), herein after referred to as Ljungblad, in view of Wittliff (US 20170190233), herein after referred to as Wittliff, and Haskew (US 20170294100 ), herein after referred to as Haskew.
Regarding Claim 8, modified Ljungblad discloses the limitations of Claim 5, and Ljungblad further discloses:
determines (i) the temperature at the interior portion of the vehicle, (see at least [0105] “Preferably, the sensor unit 2 is positioned within the vehicle compartment in such a manner that the temperature of the inlet air flow is representative of the compartment temperature.”)
and wherein the vehicular cabin monitoring system, triggers the alert (see at least [0092] “an indication or alarm may be issued without the concentration being above the predetermined upper limit value, UL.sub.3.”)
Ljungblad does not explicitly disclose:
wherein the vehicular cabin monitoring system, via processing at the ECU of sensor data captured by the temperature sensor of the vehicle,
and (ii) a rate of change of the temperature at the interior portion of the vehicle,
responsive to the determined rate of change being greater than a threshold rate of change.
The limitation “wherein the vehicular cabin monitoring system, via processing at the ECU of sensor data captured by the temperature sensor of the vehicle,” is obvious to a person having ordinary skill in the art at the time of the claimed invention as the Ljungblad reference does describe (see at least [0105] “The sensor unit 2 is preferably provided with at least one temperature sensor”). The reference is capable of determining the temperature of the air, therefore a person having ordinary skill in the art would consider it obvious that the measured data may processed by a processor, and that the ECU is an obvious processor for performing the task.
In the same field of endeavor, Haskew discloses:
and (ii) a rate of change of the temperature at the interior portion of the vehicle, (see at least [0023] “combining data that determines whether the vehicle is parked with data regarding temperature and carbon dioxide level rates of change,”)
responsive to the determined rate of change being greater than a threshold rate of change. (see at least [0030] “The system also enters the alarm mode if the rate of increase in carbon dioxide levels exceeds a second predetermined carbon dioxide threshold, which is lower than the first predetermined carbon dioxide threshold, and the temperature (or rate of temperature rise) exceeds a predetermined temperature threshold according to some implementations.”)
The above pieces of prior art are considered analogous as they both represent inventions in the vehicle control field. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Ljungblad to activate an occupancy alert in response to measured rate of temperature rise, as taught by Haskew to alert the user to a child left behind in dangerous conditions [0030].
Claims 11-14 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Ljungblad (US 20240051370), herein after referred to as Ljungblad, in view of Goel (US 20210309073), herein after referred to as Goel.
Regarding Claim 11, modified Ljungblad discloses the limitations of Claim 1, and Ljungblad further discloses:
wherein the vehicular cabin monitoring system, when the vehicle is operating (see at least [0083] “The drive mode comprises the steps:" [0084] "22:1 the sensor unit 2 continuously, or semi continuously, monitors the air quality of the air”)
and responsive to determining that the carbon dioxide level at the interior portion of the vehicle is greater than a first threshold carbon dioxide level, [changes or adjusts recirculation operation] (see at least [0035] “increase the external air intake if the determined carbon dioxide level is above a first predetermined upper level”)
Ljungblad does not explicitly disclose:
disables a recirculation feature of the HVAC system.
In the same field of endeavor, Goel discloses:
disables a recirculation feature of the HVAC system. (see at least [0043] “the recirculation mode in turned off to bring in fresh air from outside to lower CO2 levels in the vehicle cabin space.”)
The above pieces of prior art are considered analogous as they both represent inventions in the vehicle recirculation control field. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Ljungblad to disable a recirculation feature of the HVAC system, as taught by Goel to bring in fresh air and decrease CO2 levels [0043].
Regarding Claim 12, modified Ljungblad discloses the limitations of Claim 11, and Ljungblad further discloses:
wherein the vehicular cabin monitoring system, when the vehicle is operating (see at least [0041] “the second mode is a drive mode”)
and responsive to determining that the carbon dioxide level at the interior portion of the vehicle is less than a second threshold carbon dioxide level, (see at least [0035] “reduce the external air intake if the carbon dioxide level is below a first predetermined lower level.”)
and wherein the second threshold carbon dioxide level is less than the first threshold carbon dioxide level. (see at least [Fig.2a, Item 22:1])
Ljungblad does not explicitly disclose:
and with the recirculation feature of the HVAC system disabled
enables the recirculation feature of the HVAC system,
In the same field of endeavor, Goel discloses:
and with the recirculation feature of the HVAC system disabled (see at least [Fig. 6] (*Examiner interprets the system of Goel as capable of enabling the recirculation from a previously-disabled state below the second threshold (2000PPM) as this value is cited as "Recirculation ON" in the chart.
enables the recirculation feature of the HVAC system, (see at least [0043] “When CO2 levels have reached 1000 PPM, recirculation mode is turned on. Once again, CO2 levels reach 2000 PPM, and the outside air acceptability is found to be not acceptable, so CO2 levels are allowed to keep rising.") (*Examiner considers this to demonstrate the Goel system is capable of the limitation to "enable" the recirculation below the second threshold (here, 2000 PPM). The recirculation is activated below a third threshold (1000 PPM) but remains active under the second.)”)
The above pieces of prior art are considered analogous as they both represent inventions in the vehicle recirculation control field. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Ljungblad to re-enable the recirculation feature of a vehicle HVAC system in response to CO2 level below a threshold, as taught by Goel to balance the air quality outside the vehicle and inside the vehicle to benefit occupant health [0029].
Regarding Claim 13, modified Ljungblad discloses the limitations of Claim 1, and Ljungblad further discloses:
wherein the vehicular cabin monitoring system, when the vehicle is operating (see at least [0083] “The drive mode comprises the steps:" [0084] "22:1 the sensor unit 2 continuously, or semi continuously, monitors the air quality of the air”)
and responsive to determining that the carbon dioxide level at the interior portion of the vehicle is less than a first threshold carbon dioxide level, (see at least [0023] “reduce the external air intake if the carbon dioxide level is below a second predetermined lower level.”)
Ljungblad does not explicitly disclose:
activates a recirculation feature of the HVAC system.
In the same field of endeavor, Goel discloses:
activates a recirculation feature of the HVAC system. (see at least [0043] “When CO2 levels have reached 1000 PPM, recirculation mode is turned on. Once again, CO2 levels reach 2000 PPM, and the outside air acceptability is found to be not acceptable, so CO2 levels are allowed to keep rising.") (*Examiner considers this to demonstrate the Goel system is capable of the limitation to "enable" the recirculation below the second threshold (here, 2000 PPM). The recirculation is activated below a third threshold (1000 PPM) but remains active under the second.)”)
The above pieces of prior art are considered analogous as they both represent inventions in the vehicle recirculation control field. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Ljungblad to re-enable the recirculation feature of a vehicle HVAC system in response to CO2 level below a threshold, as taught by Goel to balance the air quality outside the vehicle and inside the vehicle to benefit occupant health [0029].
Regarding Claim 14, modified Ljungblad discloses the limitations of Claim 13, and Ljungblad further discloses:
wherein the vehicular cabin monitoring system, when the vehicle is operating and with the recirculation feature of the HVAC system activated (see at least [0083] “The drive mode comprises the steps:" [0084] "CCU 3 will communicate with the HVAC control unit 4 to decrease the amount of ventilation or change to recirculation.")”)
and responsive to determining that the carbon dioxide level at the interior portion of the vehicle is greater than a second threshold carbon dioxide level, (see at least [0035] “increase the external air intake if the determined carbon dioxide level is above a first predetermined upper level”)
and wherein the second threshold carbon dioxide level is greater than the first threshold carbon dioxide level. (see at least [Fig.2a, Item 22:1])
Ljungblad does not explicitly disclose:
deactivates the recirculation feature of the HVAC system,
In the same field of endeavor, Goel discloses:
deactivates the recirculation feature of the HVAC system, (see at least [0043] “the recirculation mode in turned off to bring in fresh air from outside to lower CO2 levels in the vehicle cabin space.”)
The above pieces of prior art are considered analogous as they both represent inventions in the vehicle recirculation control field. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the teachings of Ljungblad to deactivate a recirculation feature of the HVAC system, as taught by Goel to bring in fresh air and decrease CO2 levels [0043].
Regarding Claim 23, Ljungblad discloses:
an air sensing device disposed at a vehicular component, (see at least [0014] “a sensor unit arranged to analyze air from the compartment”)
wherein the vehicular component is disposed at an interior portion of a vehicle equipped with the vehicular cabin monitoring system; (see at least [0065] “A sensor unit 2 is included to measure these entities at one or several representative locations within the compartment 1”)
wherein the air sensing device captures sensor data representative of a sample of air at the vehicular component; (see at least [0105] “ the sensor unit 2 is positioned within the vehicle compartment in such a manner that the temperature of the inlet air flow is representative of the compartment temperature.”)
an electronic control unit (ECU) comprising electronic circuitry and associated software, (see at least [0068] “A control and communication unit, CCU, 3 is adapted to exchange control and sensor signals with sensor unit 2.”)(*Examiner interprets the CCU as an ECU equivalent having an alternative name)
wherein the electronic circuitry comprises a data processor (see at least [0068] “The CCU is typically a multipurpose digital processor ”)
wherein the vehicular cabin monitoring system, based on processing at the ECU of sensor data captured by the air sensing device, is operable to determine a carbon dioxide level at the interior portion of the vehicle; (see at least [0084] “ the sensor unit 2 continuously, or semi continuously, monitors the air quality of the air in the vehicle compartment at least by determining the CO.sub.2 concentration.”)
is operable to determine a temperature at the interior portion of the vehicle; (see at least [0105] “Preferably, the sensor unit 2 is positioned within the vehicle compartment in such a manner that the temperature of the inlet air flow is representative of the compartment temperature.”)
and wherein the first threshold temperature is higher than the second threshold temperature (see at least [0090] “ the temperature is held within a temperature range LL.sub.2<T<UL.sub.2”)
wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating and based on the determined carbon dioxide level at the interior portion of the vehicle, determines occupancy of the vehicle; (see at least [0058] “The park mode differs from the two previous modes by the absence of a driver, focusing on the possible presence of a child or a pet accidently left behind. Detection is enabled by monitoring the compartment CO.sub.2 concentration,”)
wherein the vehicular cabin monitoring system, when the vehicle is parked and not operating (