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 .
This final action is in response to Applicant’s filing dated May 22, 2026. Claims 1-5 are currently pending and have been considered, as provided in more detail below. Claim 5 has been newly added.
*Examiner Note: Claim language is bolded. Cited References and Applicant’s arguments are italicized. Examiner interpretations are preceded with an asterisk *.
Response to Arguments
Applicant’s arguments filed 5/22/26 have been considered but are moot because the arguments are directed toward subject matter that has not been previously considered and has necessitated a new ground of rejection as outlined below. While the new ground of rejection may rely on a previous reference applied in the prior rejection of record, a new additional reference has been added to the combination and introduced for Applicant’s consideration given the amended independent claim as discussed in detail below.
Response to Amendment
Regarding the rejections under 35 USC 103, amendments made to the claims have necessitated new grounds of rejection as outlined below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “at least initially” in newly added claim 5 is unclear and confusing. It is unclear whether the claim requires that the estimation result be obtained only at an initial portion of steering wheel use and subsequently retained as a static value or whether it requires continued/repeated estimation throughout the entire steering wheel use interval. It is also unclear what limiting effect “at least initially” has on the claim since the estimation result would be obtained throughout the entire period regardless. Clarification is required.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Shin (US 2013/0054090) in view of Fung (US 2012/0212353 A1).
Regarding claim 1, Shin discloses A vehicle controller (Fig. 4, 3300 and see at least para.
[0056] of Shin which describes “safe driving control module 3300 includes a handle controller 3302, an acceleration pedal controller 3304, a break controller 3306, a starting lock controller 3308, an automatic vehicle speed reduction controller 3310, and an automatic vehicle stop controller 3312”) comprising: a processer (Fig. 1, 200 and see at least para. [0043] of Shing which discloses “The emotion cognition processing apparatus 200 cognizes the user's emotion information and the vehicle's condition information from the sensing information that is provided by the multi-emotion sensor node 100”, *The emotion cognition processing apparatus includes processing circuitry which corresponds to the claimed processor) configured to estimate emotion of a driver (see at least para. [0043] of Shin which as discussed above describes “apparatus 200 cognizes the user's emotion information” , *The act of cognizing corresponds to determining/identifying the emotional state of the driver according to the broadest reasonable interpretation) based on biological information (see at least para. [0047] of Shin which discloses “The sensing information, as illustrated in FIG. 2, may include information about a pupil, face, skin conductance, oxygen saturation, voice, smell, body temperature, heart rate, etc which are sensed by their respective sensors“, *Examiner interprets this to be the biological information since para. [0014] of Applicant’s specification describes the biological information is, for example, an image of a driver captured by the camera of the sensor unit 14, but may be CO2 density of exhaled air of the driver measured by CO2 sensor of the sensor unit 14 or the heart rate of the driver) thereof;
Shin does disclose varying degrees of control which may correspond to determining an
intervention amount (see at least para. [0024] of Shin which discloses “the performing the selective safe driving service includes: displaying a drowsy driving state when a current condition of the driver is in the drowsy driving state; executing an ECU-linked process for controlling safe driving in the drowsy driving state to control a reduction in a vehicle speed, an intensity of a handle, or an intensity of a pedal in accordance with a drowsy intensity; performing a drowsy emotion service to perform guide broadcasting to a drowsy state with a vehicle terminal and ventilate air in the vehicle through the control of an air conditioning system; providing a music service for awaking drowsiness, and performing guide broadcasting for inducing parking of the vehicle onto a side road; continuously monitoring a drowsy state to induce parking of the vehicle onto the side road in operational connection to a maneuver patrol when the drowsy state is continuously maintained; controlling parking of the vehicle onto the side road to stop drowsy driving by linking up with the ECU; and informing the driver being awaked from the drowsy state to a drivable state”, *This corresponds to determining an intervention amount and determining a level or degree of control (i.e., reduction amount, intensity level). The reduction in speed, intensity of a handle or pedal in accordance with a drowsy intensity to be equivalent to determining the intervention amount, as broadly as recited in this claim because these are all examples of varying degrees of control) of a driving assistance function based on the estimation result (see at least para. [0025] of Shin which discloses “executing an ECU-linked process for controlling safe driving in a fatigued state to control a safe speed of the vehicle and control safe driving to a destination in operational connection with a vehicle terminal navigation when it is determined that the fatigue and health condition of the driver is not the undrivable state” , * Examiner interprets the ECU-linked process to be what determines the intervention amount of driving assistance function. Also see at least para. [0072] which discloses “executes an ECU-linked process for controlling safe driving in the drowsy driving state in operation S302, thereby controlling the reduction in a vehicle speed, the intensity of a handle, and the intensity of a pedal in accordance with a drowsy intensity in operations S304, S306 and S308, respectively”, Examiner interprets the determining of the intensity of handle and pedal, etc. to be the claimed determining an intervention amount of a driving assistance function based on the estimation result. Also see at least para. [0085] which discloses “when it is determined in operation S508 that the driver is continuously driving the vehicle in a drunk state, the safe driving service apparatus 300 executes the ECU-linked process in operation S510, controls the parking of the vehicle onto a side road in operation S512, and controls a starting lock such that the driver cannot drive the vehicle in the drunk state any longer in operation S51”),
Shin may not explicitly disclose an intervention amount of a driving assistance function
based on the estimation result, the driving assistance function is a power steering configured to assist a steering wheel with a predetermined amount of intervention, the predetermined amount of intervention is continuously variable based on the estimation result; and control the driving assistance function of the vehicle based on the determined intervention amount.
However, in the same field of endeavor, Fung discloses determining an intervention
amount of a driving assistance function based on the estimation result (see at least para. [0149] of Fung which discloses “the degree of power steering assistance provided by electronic power steering system 160 could be varied in proportion to the level of drowsiness” and see at least para. [0291] of Fung which discloses “when the driver is drowsy, as seen in FIG. 70, response system 199 may modify the operation of the CMBS 236 so that a warning 4530 is generated during a first warning stage of CMBS 236. In other words, CMBS 236 becomes more sensitive when the driver is drowsy. Moreover, as discussed below, the level of sensitivity may vary in proportion to the degree of drowsiness (indicated by the body state index)”), the driving assistance function is a power steering (see at least para. [0148] of Fung which discloses “power steering system 160 could be modified according to the level of drowsiness“) configured to assist a steering wheel with a predetermined amount of intervention (see at least para. [0203] of Fung which discloses “a predetermined level corresponding to an amount of power steering assistance that improves drivability and helps increase the driving comfort of the user” and see at least para. [0149] of Fung which discloses “the error between the yaw rate and the steering yaw rate determined by electronic stability control system 222 could be decreased in proportion to the level of drowsiness. In some cases, collision warning system 234 and lane departure system 240 could provide earlier warnings to a drowsy driver, where the timing of the warnings is modified in proportion to the level of drowsiness”), the predetermined amount of intervention is continuously variable based on the estimation result (see at least para. [0156] of Fung which discloses “how the body state index can be used to retrieve a control coefficient. A control coefficient may be any value used in determining a control parameter. In some cases, the control coefficient varies as a function of body state index and is used as an input for calculating the control parameter” and see at least para. [0157] of Fung which discloses “the control coefficient could vary linearly as a function of body state index. In other cases, the control coefficient could vary in a nonlinear manner as a function of body state index”); and control the driving assistance function of the vehicle based on the determined intervention amount (see at least para. [0201] of Fung which discloses “If the driver is turning the steering wheel, response system 199 proceeds to step 1510 where the power steering assistance is decreased”).
It would have been obvious to one of ordinary skill in the art before the effective filing date
of the claimed invention to modify the processor of Shin to include an intervention amount of a driving assistance function based on the estimation result, the driving assistance function is a power steering configured to assist a steering wheel with a predetermined amount of intervention, the predetermined amount of intervention is continuously variable based on the estimation result; and control the driving assistance function of the vehicle based on the determined intervention amount; as taught in Fung with a reasonable expectation of success because both Shin and Fung derive a driver-state estimation from overlapping biological and automatic sensor inputs (i.e., a heart rate) for the purpose of adjusting the degree of vehicle driving assistance to improve driving safety. In this connection, Fung expressly teaches that such state-based control parameters, including the degree of power steering assistance, may be scaled as a linear or nonlinear (i.e., continuous) function of the driver state index rather than in discrete steps so that applying Fung’s continuous scaling technique to Shin’s drowsy/emotion based intervention amount will result in a power steering intervention amount that is continuously variable based on an estimation result . See at least para. [0157] of Fung for motivation.
Regarding claim 2, Shin et al., as modified by Fung, disclose wherein the
processor (Fig. 1, 200 and see at least para. [0043] of Shin which discloses “The emotion cognition processing apparatus 200 cognizes the user's emotion information and the vehicle's condition information from the sensing information that is provided by the multi-emotion sensor node 100”, *Examiner interprets the emotion cognition processing apparatus to include the claimed processor) is configured to
estimate whether the emotion of the driver is comfortable (see at least para. [0051] of Shin which discloses “a driver emotion cognizer 2116 that analyzes information necessary for cognizing emotion on the basis of a driver's emotion conditions which have been sensed through the multi-channels”) based on the biological information (see at least para. [0113] of Shin which discloses “bio signals that are generated through the reaction of a person's autonomic nervous system in a driving environment to thereby cognize the emotions and driving conditions of a driver and passenger, and provides a safe driving control and service based on the cognized emotion information”, *Examiner interprets bio signals from a person’s nervous system to be biological information), and
increase the intervention amount of the driving assistance function when estimating that the emotion of the driver is comfortable (see at least para. [0016] of Shin which discloses “an engine control unit (ECU)-linked safe driving control module configured to control ECU-linked safe driving of a vehicle in accordance with to the emotion cognition information managed by the emotion information management unit; and an emotion care safe driving service module configured to provide an emotion care safe driving service to the vehicle when the vehicle is controlled by the ECU-linked safe driving control module”, *Examiner interprets that since the ECU control module is configured to control the safe driving of the vehicle, then the intervention amount of the driving assistance function is increased based on the emotion of the driver and see at least para. [0024] of Shin which discloses “the performing the selective safe driving service includes: displaying a drowsy driving state when a current condition of the driver is in the drowsy driving state; executing an ECU-linked process for controlling safe driving in the drowsy driving state to control a reduction in a vehicle speed, an intensity of a handle, or an intensity of a pedal in accordance with a drowsy intensity; performing a drowsy emotion service to perform guide broadcasting to a drowsy state with a vehicle terminal and ventilate air in the vehicle through the control of an air conditioning system; providing a music service for awaking drowsiness, and performing guide broadcasting for inducing parking of the vehicle onto a side road; continuously monitoring a drowsy state to induce parking of the vehicle onto the side road in operational connection to a maneuver patrol when the drowsy state is continuously maintained; controlling parking of the vehicle onto the side road to stop drowsy driving by linking up with the ECU; and informing the driver being awaked from the drowsy state to a drivable state”, *Examiner interprets the reduction in vehicle speed to be an increase in intervention since intervention occurs to change the speed. See at least para. [0025] of Shin which discloses “executing an ECU-linked process for controlling safe driving in a fatigued state to control a safe speed of the vehicle and control safe driving to a destination in operational connection with a vehicle terminal navigation when it is determined that the fatigue and health condition of the driver is not the undrivable state”).
Regarding claim 3, Shin et al., as modified by Fung, disclose wherein the
processor is configured to estimate whether the driver feels sleepy based on the biological information (see at least para. [0069] of Shin which describes “the condition of the driver into a drowsy driving state … in accordance with the analysis result of the emotion recognition information”, *Examiner interprets the drowsy driving state to be the same condition in which the driver feels sleepy and see at least para. [0010] of Shin which discloses “the multi-emotion sensor node includes at least one of a heart rate sensor, a skin reaction sensor, a body temperature sensor, a voice sensor, an image sensor, an acceleration sensor, and a slope sensor”, *Examiner interprets these sensors to measure biological information to use in the estimation of whether the driver feels sleepy), and
decrease the intervention amount of the driving assistance function (see at least para. [0072] of Shin which discloses “controlling the reduction in a vehicle speed, the intensity of a handle, and the intensity of a pedal in accordance with a drowsy intensity in operations S304, S306 and S308, respectively” and see Fig. 7 which describes “induce stop of vehicle onto side road” at S322 which implies based upon Examiner interpretation that the intervention amount will be decreased because of the stop in S322 and S324 since para. [0011] of Applicant’s specification describes “driving assistance functions, specifically, assistance of a force necessary for handling (power steering), assistance of a steering amount of a steering wheel, and assistance of an operation amount of an accelerator or a brake” to be the driving assistance function then the intervention amount of the driving assistance function will be decreased since there is a stop of the vehicle which results in a stop of the handling/power steering. Also, see at least para. [0075] of Shin which discloses “when the driver has been awaked from the drowsy state, the safe driving service apparatus 300 informs that the driver has been awaked from the drowsy state to a drivable state in operation S328, and ends the ECU-linked drowsiness awaking service process in operation S330”, *Examiner interprets that since the ECU-linked drowsiness awakening service process is ended, then the intervention amount is decreased)
when estimating that the driver feels sleepy (see at least para. [0024] of Shin which discloses “the performing the selective safe driving service includes: displaying a drowsy driving state when a current condition of the driver is in the drowsy driving state; executing an ECU-linked process for controlling safe driving in the drowsy driving state to control a reduction in a vehicle speed, an intensity of a handle, or an intensity of a pedal in accordance with a drowsy intensity; … continuously monitoring a drowsy state to induce parking of the vehicle onto the side road in operational connection to a maneuver patrol when the drowsy state is continuously maintained; controlling parking of the vehicle onto the side road to stop drowsy driving by linking up with the ECU”).
Regarding claim 4, Shin et al., as modified by Fung, disclose wherein the
processor is configured to estimate whether the driver is unable or inappropriate to drive (see at least para. [0025] of Shin which discloses “displaying a driver-fatigued state when a current condition of the driver is a fatigued or health-deteriorated state; executing a safe driving service process in accordance with a health condition of the driver to perform guide broadcasting for a fatigue and health condition… determining whether the fatigue and health condition reaches an undrivable threshold; reporting to an emergency service when it is determined that the fatigue and health condition of the driver is an undrivable state”, *Examiner interprets this as estimating whether the driver is unable or inappropriate to drive), and
increase the intervention amount of the driving assistance function when estimating that the driver is unable or inappropriate to drive (see at least para. [0024] of Shin which discloses “executing an ECU-linked process for controlling safe driving in the drowsy driving state to control a reduction in a vehicle speed, an intensity of a handle, or an intensity of a pedal in accordance with a drowsy intensity”, *Examiner interprets the reduction in vehicle speed to be an increase in intervention since intervention occurs to change the speed. See at least para. [0025] of Shin which discloses “executing an ECU-linked process for controlling safe driving in a fatigued state to control a safe speed of the vehicle and control safe driving to a destination in operational connection with a vehicle terminal navigation when it is determined that the fatigue and health condition of the driver is not the undrivable state”).
Regarding claim 5, as best understood, Shin et al., as modified by Fung, disclose wherein the
processor (Fig. 1, 200 and see at least para. [0043] of Shing which discloses “The emotion cognition processing apparatus 200 cognizes the user's emotion information and the vehicle's condition information from the sensing information that is provided by the multi-emotion sensor node 100”, *The emotion cognition processing apparatus includes processing circuitry which corresponds to the claimed processor) is configured to determine the intervention amount of the driving assistance function based on the estimation result obtained (see at least para. [0149] of Fung which discloses “the degree of power steering assistance provided by electronic power steering system 160 could be varied in proportion to the level of drowsiness”).
Fung further discloses that the predetermined amount of intervention is continuously
variable based on the estimation result (see at least para. [0156] of Fung which discloses “how the body state index can be used to retrieve a control coefficient. A control coefficient may be any value used in determining a control parameter. In some cases, the control coefficient varies as a function of body state index and is used as an input for calculating the control parameter” and see at least para. [0157] of Fung which discloses “the control coefficient could vary linearly as a function of body state index. In other cases, the control coefficient could vary in a nonlinear manner as a function of body state index”). Fung further discloses that this determination is obtained during, at least initially, an entire use of the steering wheel such that the predetermined amount of intervention is continuously variable based on the estimation result during an entire time that the steering wheel is in use, specifically in the context of power steering assistance. Fung discloses that its driver-state monitoring and power-steering assistance adjustment process is repeated on an ongoing basis instead of performed just once the response system 199 receives monitoring information and if the driver is not drowsy, returns to re-receive additional monitoring information (see at least para. [0147] of Fung which discloses “In step 444, response system 199 may determine if the driver is drowsy. If the driver is not drowsy, response system 199 may return back to step 442. If the driver is drowsy, response system 199 may proceed to step 446. In step 446, response system 199 may determine the level of drowsiness. As discussed above, the level of drowsiness could be represented by a numerical value or could be a discrete state labeled by a name or variable. In step 448, response system 199 may modify the control of one or more vehicle systems according to the level of drowsiness” and see at least para. [0215] of Fung which discloses “During step 2402, response system 199 receives drowsiness information. During step 2404, response system 199 determines if the driver is drowsy. If the driver is not drowsy, response system 199 returns to step 2402. If the driver is drowsy, response system 199 proceeds to step 2406 where a warning pulse is sent. In particular, the seatbelt may be tightened to help wake or alert the driver”. This loop continues through the operation of the vehicle for as long as the monitoring system remains active, such that the body state index and corresponding control parameters are repeatedly redetermined instead of fixed after a single determination), as broadly as recited. As best understood, and regardless of how the indefiniteness identified above is resolved, Fung’s repeated ongoing drowsiness-determination and power-steering adjustment loop, including its initial iteration discloses or renders obvious this limitation under either reasonable interpretation.
It would have been obvious to one of ordinary skill in the art before the effective filing date
of the claimed invention to further modify Shin, as modified by Fung such that the estimation result is obtained and the intervention amount is adjusted on an ongoing basis through the steering wheel use, as taught in Fung with a reasonable expectation of success because Fung’s own disclosed process is structured as a continuous monitoring loop for the purpose of ensuring driving assistance remains responsive to the driver’s current state throughout vehicle operation and applying that same continuous loop structure to the power steering specific embodiment would produce an intervention amount that remains responsive to the driver’s estimated state for the entire duration the steering wheel is in use.
Additional Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Oudeyer (US 2003/0055654 A1) discloses a method and device for detecting and recognizing an emotion from biological information such as voice signals with the apparatus including a processor that can be used to control a vehicle. French et al. (US 2012/0150430 A1) discloses an enhanced navigation system allowing navigation route and destination planning according to user-specified criteria for the emotion state of persons along the route, at the destination, or both. The enhancement is accomplished by receiving a set of human emotion metrics corresponding to one or more parts of a navigation plan and includes an enhanced controller that receives information, including the new user preferences regarding emotion states of users, accesses the route data manager to obtain suitable routes and destinations data.
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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/DANA D IVEY/Examiner, Art Unit 3662
/D.D.I/August 12, 2026
/JELANI A SMITH/Supervisory Patent Examiner, Art Unit 3662
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