The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
Status of the Claims
This is in response to applicant’s amendment filed on 12/23/25. Claims 1-12 are pending in the application.
Continuing Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/28/26 has been entered.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claims 1-6 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Christl (US 20040176891 A1) in view of Funyak et al. (Funyak; US 20200290567 A1), further in view of TOMATSU et al. (Tomatsu; US 20160375798 A1).
Regarding Claim 1, Christl discloses a method for changing a seat occupancy status of at least one seat of a vehicle (Abstract), the method comprising:
detecting, by a control unit (Abstract computer unit, monitoring system), an actuation of at least one vehicle door of the vehicle ([0023] the monitoring system is additionally equipped with a switch or a sensor for detecting the opening state of at least one door of the vehicle) and a first seat occupancy status of the at least one seat ([0004] measurement system is part of a monitoring system which is additionally equipped with a device for detecting the occupancy state of a seat, in particular of the passenger seat, or else of a plurality of seats); and
after a Depending on whether one or more doors are open or closed, the computing unit receives this information… transitional probability between two occupancy classes is prescribed even when, after the closing of the door, the monitoring system is reactivated after a reset; [0062] No classification takes place while the door is open…After the closing of the door, transitions between the occupancy classes are very probable; [0066] By way of example, a person leans forward toward the dashboard in order to remove an object from the glove box. In this case, the surface of the person corresponds to a child seat directed rearward, so that a 3D camera classifies the person as a child seat and the airbag is deactivated because a reclassification is performed by the monitoring system already on the basis of this single measurement result; [0067] The person then leans back and takes up a normal seated position. The classification must then once again likewise be changed rapidly to "person" in order that the airbag is activated again. Therefore, it is necessary here to react very rapidly to an incorrect initial classification after the closing of the door), but doesn’t specify a predetermined period of time.
In the same field of endeavor, Funyak discloses a vehicle occupant detection system including a controller; a plurality of life detection sensors within an interior cabin of a mass-transit vehicle and are each associated with a life detection zone; a local warning system. The vehicle occupant detection system is configured to: acquire sensor data by scanning the life detection zone using the plurality of life detection sensors; determine whether an occupant is present based on the sensor data; and provide an indication to a user that an occupant is present.
Funyak discloses an actuation of a vehicle door of the vehicle ([0217] the scanning initiation event may be based on a door sensor that indicates whether the door is open or closed) and a first seat occupancy status [0243] alarm escalation process 730 is carried out in response to detecting an occupant as a result of the occupant detection scanning process), and changing an occupancy status from a first status to a second (escalated) status after a predetermined period of time ([0243] the first stage can include a first sub-stage in which an interior vehicle notification (e.g., the blinking red light of the occupant-present indicator 666) is provided for a first predetermined amount of time and, after this first predetermined amount of time, a second sub-stage can be carried out in which an exterior vehicle notification is provided; Fig 22).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Christl with Funyak using a predetermined period of time in order to provide a systematic escalation of safety measures as an unattended passenger is left in a vehicle for an increasing duration, Funyak ([0003]).
Regarding the new limitations Christl teaches transitioning a first seat occupancy status to a second seat occupancy status, wherein the second seat occupancy status differs from the first seat occupancy status in at least one of: whether the at least one seat is occupied, a type of occupant of the at least one seat, or whether the seat occupancy status of the at least one seat is known ([0023] Depending on whether one or more doors are open or closed, the computing unit receives this information… transitional probability between two occupancy classes is prescribed even when, after the closing of the door, the monitoring system is reactivated after a reset; [0062] No classification takes place while the door is open…After the closing of the door, transitions between the occupancy classes are very probable; [0066] By way of example, a person leans forward toward the dashboard in order to remove an object from the glove box. In this case, the surface of the person corresponds to a child seat directed rearward, so that a 3D camera classifies the person as a child seat and the airbag is deactivated because a reclassification is performed by the monitoring system already on the basis of this single measurement result; [0067] The person then leans back and takes up a normal seated position. The classification must then once again likewise be changed rapidly to "person" in order that the airbag is activated again. Therefore, it is necessary here to react very rapidly to an incorrect initial classification after the closing of the door), but doesn’t specify a predetermined period of time; but does NOT specify after a first predetermined period of time beginning at the actuation.
In the same field of endeavor, TOMATSU et al. (Tomatsu; US 20160375798 A1) discloses an occupant discrimination system of a vehicle seat includes: a load detecting portion disposed on a lower side of a seat and detecting a load acting on the seat; an occupant discrimination portion discriminating a state of an occupant among a no occupant, adult seated state, and child seat fixed states based on a load detected from the load detecting portion and a load continuation duration; and a door opening and closing detecting portion detecting an opening and closing state of a door, wherein the occupant discrimination portion changes the state transition condition from the no occupant or child seat fixed state to the adult seated state such that it is difficult to transition in a state in which the door is detected to be in an open state in comparison to a state in which the door is detected to be in a closed state.
Tomatsu discloses after a first predetermined period of time beginning at the actuation transitioning a first seat occupancy status to a second seat occupancy status (Claim 4 the occupant discrimination portion enables transition from the adult seated state to the child seat fixed state within a predetermined period from a time at which the door opening and closing detecting portion detects switching from the door open state to the closed state).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Christl with Funyak with Tomatsu using in order to improve performance of various safety devices and detection efficiency, as suggested by Tomatsu ([0003], [0065]).
Regarding Claim 2, Funyak discloses the control unit changes the second seat occupancy status to a third seat occupancy status after a second predetermined period of time ([0243] as indicated at 740, a SMS reply message is received. In a scenario where no response is received within a predetermined amount of time, then the alarm escalation process 730 can escalate to the third stage 736 in which the vehicle horn can be activated and/or another exterior vehicle notification can be provided).
Regarding Claim 3, Christl discloses the control unit changes the first seat occupancy status after the open-door
Funyak discloses the control unit changes the first seat occupancy status after the first predetermined period of time when the vehicle is in a parking mode at least for the first predetermined period of time ([0176] When a scanning initiation event is detected, the occupant detection scanning process can be carried out (or may be carried out after a predetermined amount of time (e.g., ten (10) minutes)). In one embodiment, the scanning initiation event is a mass-transit service change event, which is an event where the mass-transit vehicle is taken out of service…for example, either or both of detecting when the ignition is turned off and/or when the vehicle enters a parking state (e.g., a parking brake is engaged). The parking state is a state in which the vehicle is in a parking transmission gear (e.g., the Park gear of PRNDL) or when a parking brake of the vehicle is engaged).
3>Regarding Claim 4, Christl discloses the control unit changes the first seat occupancy status step-by-step ([0004], [0060]-[0067] door status is determined, seat status is determined, airbag is activated/deactivated).
Funyak also discloses the control unit changes the first seat occupancy status step-by-step (Fig 22, [0243]).
Regarding Claim 5, Christl discloses the control unit assigns the actuation of the at least one vehicle door to the at least one seat ([0060]-[0067]).
Regarding Claim 6, Christl discloses the control unit only changes the seat occupancy status when the first seat occupancy status and/or the second seat occupancy status corresponds to at least one predetermined seat occupancy status (Figure 1 describes conditions to determine whether an adult, a child or an empty seat is determined; [0046] The invention is explained in more detail below in an exemplary embodiment with reference to the drawing. The single figure shows association values (o) of occupancy classes for an adult P, a child seat K and an empty seat L as a function of time t and classification results (x) which are obtained with the aid of a classification algorithm using a plurality of measured association values (I), the current values).
Regarding Claim 9, Christl doesn’t specify that the control unit changes the seat occupancy status of the at least one seat when no change on the at least one seat of the vehicle is recognized by an interior sensor of the vehicle during the predetermined period of time.
Funyak discloses the control unit changes the seat occupancy status of the at least one seat when no change on the at least one seat of the vehicle is recognized by an interior sensor of the vehicle during the predetermined period of time ([0243] when the seat status remains occupied during the durations of the predetermined times the escalation notifications increase).
Regarding Claim 10, Christl discloses the control unit changes the seat occupancy status of the at least one seat when a child seat has been recognized by a vehicle sensor on the at least one seat ([0004]-[0005] occupancy state is represented with the aid of so-called occupancy classes. Each object within the vehicle which is detected by the monitoring system is allocated a discrete occupancy class. The occupancy classes are typically the following classes: 1. empty seat, 2. child seat, directed rearward, 3. child seat, directed forward).
Regarding Claim 11, Christl discloses a system for changing a seat occupancy status of at least one seat of a vehicle (Abstract), the system comprising:
a control unit ([0023] monitoring system, computing unit) that is configured:
to detect an actuation of at least one vehicle door of the vehicle ([0023] the monitoring system is additionally equipped with a switch or a sensor for detecting the opening state of at least one door of the vehicle. The computing unit is then connected to the switch or the sensor via a data line. Depending on whether one or more doors are open or closed, the computing unit receives this information) and a first seat occupancy status of the at least one seat ([0004] the monitoring system which is additionally equipped with a device for detecting the occupancy state of a seat, in particular of the passenger seat, or else of a plurality of seats or regions within the vehicle), and
after a the time it takes to open and close a door and reset), to change the first seat occupancy status to a second seat occupancy status ([0023] Depending on whether one or more doors are open or closed, the computing unit receives this information… transitional probability between two occupancy classes is prescribed even when, after the closing of the door, the monitoring system is reactivated after a reset; [0062] No classification takes place while the door is open…After the closing of the door, transitions between the occupancy classes are very probable; [0066] By way of example, a person leans forward toward the dashboard in order to remove an object from the glove box. In this case, the surface of the person corresponds to a child seat directed rearward, so that a 3D camera classifies the person as a child seat and the airbag is deactivated because a reclassification is performed by the monitoring system already on the basis of this single measurement result; [0067] The person then leans back and takes up a normal seated position. The classification must then once again likewise be changed rapidly to "person" in order that the airbag is activated again. Therefore, it is necessary here to react very rapidly to an incorrect initial classification after the closing of the door), but doesn’t specify a predetermined period of time.
Funyak discloses an actuation of a vehicle door of the vehicle ([0217] the scanning initiation event may be based on a door sensor that indicates whether the door is open or closed) and a first seat occupancy status [0243] alarm escalation process 730 is carried out in response to detecting an occupant as a result of the occupant detection scanning process), and changing an occupancy status from a first status to a second (escalated) status after a predetermined period of time ([0243] the first stage can include a first sub-stage in which an interior vehicle notification (e.g., the blinking red light of the occupant-present indicator 666) is provided for a first predetermined amount of time and, after this first predetermined amount of time, a second sub-stage can be carried out in which an exterior vehicle notification is provided; Fig 22).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Christl with Funyak using a predetermined period of time in order to provide a systematic escalation of safety measures as an unattended passenger is left in a vehicle for an increasing duration, as suggested by Funyak ([0003]).
Regarding the new limitations Christl teaches transitioning a first seat occupancy status to a second seat occupancy status, wherein the second seat occupancy status differs from the first seat occupancy status in at least one of: whether the at least one seat is occupied, a type of occupant of the at least one seat, or whether the seat occupancy status of the at least one seat is known ([0023] Depending on whether one or more doors are open or closed, the computing unit receives this information… transitional probability between two occupancy classes is prescribed even when, after the closing of the door, the monitoring system is reactivated after a reset; [0062] No classification takes place while the door is open…After the closing of the door, transitions between the occupancy classes are very probable; [0066] By way of example, a person leans forward toward the dashboard in order to remove an object from the glove box. In this case, the surface of the person corresponds to a child seat directed rearward, so that a 3D camera classifies the person as a child seat and the airbag is deactivated because a reclassification is performed by the monitoring system already on the basis of this single measurement result; [0067] The person then leans back and takes up a normal seated position. The classification must then once again likewise be changed rapidly to "person" in order that the airbag is activated again. Therefore, it is necessary here to react very rapidly to an incorrect initial classification after the closing of the door), but doesn’t specify a predetermined period of time; but does NOT specify after a first predetermined period of time beginning at the actuation.
Tomatsu discloses after a first predetermined period of time beginning at the actuation transitioning a first seat occupancy status to a second seat occupancy status (Claim 4 the occupant discrimination portion enables transition from the adult seated state to the child seat fixed state within a predetermined period from a time at which the door opening and closing detecting portion detects switching from the door open state to the closed state).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Christl with Funyak with Tomatsu using in order to improve performance of various safety devices and detection efficiency, as suggested by Tomatsu ([0003], [0065]).
Regarding Claim 12, Christl discloses a vehicle comprising the system according to claim 11 (Abstract, [0001]).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Christl, Funyak, and Tomatsu further in view of Schoenberg et al. (Schoenberg; US 20120232749 A1).
Regarding Claim 7, Christl doesn’t discloses the control unit changes an operating mode of at least one airbag of the vehicle with each change of the seat occupancy status ([[0060]-[0067]), but doesn’t specify a consumer (note: the Present Specification describes an electrical consumer as, for example, climate control [0024]).
In the same field of endeavor, Schoenberg discloses systems and methods which provide for an alarm or notification that a child is in a car seat. The systems generally determine if a child is in the seat and that the seat, and therefore the vehicle, is not in motion. Upon detecting both situations, the notification or alarm is activated. The system will generally provide for an alarm to a smartphone or other remote notification device to improve the likelihood that the alarm will be received.
Schoenberg discloses a control unit changes an operating mode of a consumer of a vehicle with the change of the seat occupancy status ([0108] if the system (200) detects a likely child (101) in car seat (100) scenario and an indication that there is a rising internal temperature, the vehicle (105) could be remotely started and windows could be lowered or the air conditioning system activated to quickly lower the temperature;).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Christl and Funyak with Schoenberg using a change in consumer mode in order to provide safety measures in a scenario where a child has been left unattended in a vehicle seat, as suggested by Schoenberg ([0008]).
Regarding Claim 8, Christl discloses the control unit changes an operating mode of an airbag of the vehicle with each change of the seat occupancy status ([0060]-[0067]), but doesn’t specify an electrical consumer.
Schoenberg discloses a control unit changes an operating mode of an electrical consumer of a vehicle with the change of the seat occupancy status ([0108]).
Response to Arguments
Applicant's arguments with respect to Claims 1-12 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S RUSHING whose telephone number is (571)270-5876. The examiner can normally be reached on 10-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK S RUSHING/Primary Examiner, Art Unit 2689