DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. This office action is in response to application number 18/560,725 filed on 11/14/2023, in
which claims 1-17 and 19-24 are presented for examination.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 06/20/2024 have been received
and considered.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
6. Claims 1-17, 19-22, and 24 are rejected under 35 USC §102(a)(1) as being clearly anticipated by (US 11192420 B2) to Anderson et al. (hereinafter Anderson).
Regarding claim 1, Anderson discloses A method of operating a vehicle, the method comprising: (a) transporting an occupant of the vehicle over a road surface, wherein the occupant is seated on a seat in the vehicle; (Anderson Column 11, line number 26-30: “As also shown in FIG. 1, in some embodiments, a vehicle 2 may also include a second suspension system 16 associated with a second portion of the vehicle 14. In the depicted embodiment, the second portion of vehicle corresponds to a seat in which an occupant may be seated.”) (Anderson Column 15, line number 5-8: “For example, in the figure, a vehicle 130 is travelling along a road surface 131 that has peaks at 133a and 133b that are a distance L apart.”) (b) with a first sensor, measuring a road-surface-induced disturbance of a portion of the vehicle; (Anderson Column 28, line number 20-40: “First, motion of one or more portions of a vehicle may be monitored at 221 using any appropriate arrangement of sensors including, for example, accelerometers oriented in desired directions, three axes accelerometers, gyroscopes, a vehicle velocimeter, IMUs, or any other type of sensor. These sensors may be sensitive to movements within a desired operating frequency range of the vehicle. As detailed further below, once the motion is detected by the sensors, a signal is transmitted to a controller of the vehicle and/or a motion mitigation system, such as a suspension system, to determine if the motions may correspond to an event pattern associated with motion sickness or other situation using an appropriate event pattern recognition algorithm at 222. The controller may also receive road data 223 that may be used to help identify event patterns and/or locations that may cause motion sickness. As noted previously, road data provided to the controller may include, but is not limited to, location related information such as traffic conditions, road features and topology, look ahead sensor data, speed limit ranges, and other appropriate types of information from any appropriate sensor or database.”) (c) based on the measurements in step (b), determining an aspect of a motion of the occupant's head with a first model that relates the motion of the occupant's head to the road-surface-induced disturbance in step (b); (Anderson Column 27, line number 52-56: “This pattern detection may be used to identify any desired event patterns related to vehicle motion including, for example, roll, pitch, heave, road surface irregularities, acceleration, braking, a combination of the foregoing, as well as any other appropriate type of motion.”) (Anderson Column 31, line number 13-32: “In one embodiment, a particular event pattern, that occurs over a preset threshold time period, may be deemed to be likely to cause motion sickness based on, for example, the dynamics of a vehicle or movement of a passenger's head and/or torso. The models may involve empirical and/or mathematical relationships. For example, in an embodiment, one cycle of up and down motion of a vehicle body at a frequency between 0.3-0.4 Hz with a magnitude of 0.5 cm to 2 cm may be identified as a pattern that may induce motion sickness. If this pattern is repeated more than a preset number of times over a period of, for example, 5 minutes, a determination may be made that motion sickness is likely. Alternatively or additionally, a particular vehicle motion that results in side to side movement of a passenger's head at a frequency between 0.4-0.5 Hz with a magnitude of less than 2 cm may be identified as a pattern that may induce motion sickness. If this pattern is repeated more than a preset number of times over a threshold time period of, for example, 5 minutes, a determination may be made that motion sickness is likely.”) (d) based on the determination in step (c), (Anderson Column 31, line number 42-60: “In the above embodiments, the comparisons between the detected motions of the vehicle and/or occupant with one or more previously identified events and/or pattern templates may be based on instantaneous and/or average data that characterizes motion of the vehicle body, seats, and/or one or more portions of a passenger's body (e.g. torso, head, etc.) that occur over a period of time. If real time data from a vehicle matches or is similar to a previously obtained template over a certain period of time, for example up to 10 minutes, it may be used as an indication that there is a likelihood of motion sickness occurring on a particular route. Data obtained when developing the templates and during operation may be collected using one or more sensors such as, for example, cameras and accelerometers that capture the dynamics of the vehicle and/or one or more passengers. A determination of the likelihood of motion sickness may be based on the rate at which the patterns are repeated and/or the duration of the period of their occurrence.”) controlling a motion of the seat with a microprocessor-based controller; (Anderson Column 20, line number 8-22: “FIG. 9 illustrates a watercraft 180 where a seat suspension system 181 reduces the magnitude of oscillations or other motions that reach occupant 182 seated in the associated seat. In some embodiments the actuator may be used to mitigate primarily oscillations and movements within the frequency range associated with motion sickness. Depending on the particular embodiment, the seat suspension system may be used to mitigate motion within a frequency range associated with motion sickness when requested by a vehicle occupant. Additionally, the suspension system may be used to mitigate motion in the motion sickness frequency range when an event pattern is recognized by a vehicle and/or suspension system controller that is associated with an increased likelihood of motion sickness as described further below.”) and (e) controlling the aspect of the motion determined in (c) with the motion in step (d). (Anderson Column 14, line number 25-29: “Additionally, in some instances it may be beneficial for a controller to take into account physiological parameters and/or movements of a vehicle occupant during operation. Therefore, in one embodiment, a controller may receive data about, for example, the movements of the head ”) (Anderson Column 27, line number 25-32: “The vehicle controller receives sensor information from one or more sensors through a sensor interface 198 and also communicates with one or more vehicle occupants by means of one or more occupant inputs via a user interface 199. By controlling the active suspension system, the seat and other vehicle sub-systems, the vehicle controller is able to control the frequency and phase of road induced disturbances that are felt by an occupant 200.”) (Anderson Column 30, line number 36-39: “For example, if a camera monitors head motions of an occupant, and a correlation is identified that undesirable head motion occurs at a particular location in a road”)
Regarding claim 2, Anderson discloses The method of claim 1, wherein the aspect of a motion of the occupant's head is selected from the group consisting of pitch motion of the occupant's head, roll motion of the occupant's head, and heave motion of the occupant's head. (Anderson Column 7, line number 30-38: “Typically, designers have recognized that there is a higher likelihood of experiencing motion sickness symptoms, including nausea and dizziness, if a person, or a vehicle with an occupant inside, is exposed to lateral disturbances and/or vertical oscillations at low frequencies between about 0.05 Hz-0.5 Hz. However, the inventors have determined that motion sickness may also occur due to motions in various directions such as heave, pitch, and/or roll at higher frequencies such as, for example, in the range of 0.5 Hz-10 Hz.”) (Anderson Column 9, line number 3-13: “For example, in one embodiment, the event or events may be determined at least in part using information such as forces and/or accelerations applied to the vehicle as determined by one or more sensors associated with an active suspension system. Additionally, in some embodiments, an event, or events, may be determined at least in part using information such as forces and/or accelerations applied to an occupants head and/or torso based on measurements and or predetermined transfer functions that relate vehicle motion to the motion of an occupants head and/or torso.”) (Note: The Vehicles motion is applied to the head of the occupant as the car is driven over road disturbances)
Regarding claim 3, Anderson discloses The method of claim 1, wherein the controlling of the aspect in step (e) includes controlling an amplitude of the motion. (Anderson Column 18, line number 19-29: “In embodiments where one or more active suspension systems are used in a vehicle, the one or more active suspension systems may be used to introduce desirable motions or suppress certain undesirable motions in one or more portions of the vehicle relative other portions of the vehicle and/or to an absolute reference frame. For example, one or more seats within a vehicle may be moved in a manner that would promote sleep and/or increased drowsiness in a baby or an infant. This motion may be at a predetermined frequency and/or amplitude, selected by another individual and/or automatically by a controller.”) (Anderson Column 41, line number 43-49: “The frequency and amplitude of a motion induced in a portion of a vehicle may be selected by a controller based on the level of danger involved. For example, if an accident is highly likely if a maneuver, such as a lane change or turn, is completed, the vibration may be more intense, such as having a higher amplitude and/or frequency, than if the danger is not as severe.”)
Regarding claim 4, Anderson discloses The method of claim 3, wherein the amplitude is controlled in a frequency range between 1 Hz and 9 Hz. (Anderson Column 19, line number 25-35: “However, under certain circumstances, this may result in large amplitude relative motion between different structures inside the vehicle compartment which may either be disturbing and/or lead to unwanted contact between a structure and an occupant of the vehicle. Therefore, in some embodiments the motion of different structures within a passenger compartment, or other portion of a vehicle, may be controlled in different frequency ranges and the relative motion between those structures may be limited to be less than or equal to a relative movement threshold.”) (Anderson Column 13, line number 55-61: “For example, during at least one mode of operation a suspension system may be operated to further reduce motion transmitted to a portion of a vehicle as compared to another mode of operation within a frequency range equal to or between 0.05 Hz and 10 Hz, or any sub-portion thereof as described elsewhere within this disclosure.”)
Regarding claim 5, Anderson discloses The method of claim 3, wherein the amplitude is controlled in a frequency range between 3 Hz and 8 Hz. (Anderson Column 19, line number 25-35: “However, under certain circumstances, this may result in large amplitude relative motion between different structures inside the vehicle compartment which may either be disturbing and/or lead to unwanted contact between a structure and an occupant of the vehicle. Therefore, in some embodiments the motion of different structures within a passenger compartment, or other portion of a vehicle, may be controlled in different frequency ranges and the relative motion between those structures may be limited to be less than or equal to a relative movement threshold.”) (Anderson Column 13, line number 55-61: “For example, during at least one mode of operation a suspension system may be operated to further reduce motion transmitted to a portion of a vehicle as compared to another mode of operation within a frequency range equal to or between 0.05 Hz and 10 Hz, or any sub-portion thereof as described elsewhere within this disclosure.”)
Regarding claim 6, Anderson discloses The method of claim 1, wherein a seat actuator, interposed between the seat and a vehicle floor, is used to control the motion of the seat in step (d). (Anderson Column 19, line number 60-62: “FIG. 8 illustrates a vehicle 170 with an active suspension system that includes actuators 171a and 171b. The vehicle also includes a seat suspension system 172.”)
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Regarding claim 7, Anderson discloses The method of claim 1, wherein a vehicle active suspension actuator interposed between an unsprung mass of the vehicle and a sprung mass of the vehicle, (Anderson Column 55, line number 26-33: “In one embodiment, a vehicle, equipped with one or more sensors, may be used to record road-induced effects in a vehicle. These recorded effects may include, for example, wheel (unsprung mass) motions and/or vehicle body (sprung mass) motions which may include roll, pitch and/or heave. The recorded information may include relative displacement between one or more wheels or wheel assemblies and one or more points on the vehicle body.”) is used to control the motion of the seat in step (d). (Anderson Column 4, line number 59-64: “FIG. 8 is a schematic representation of an active suspension system used to mitigate low frequency oscillations of a first platform (such as a passenger seat) that is supported by a second platform (such as the sprung mass of a vehicle), where the high frequency motions of the second platform are shown to be mitigated by an active suspension system;”)
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Regarding claim 8, Anderson discloses The method of claim 1, wherein the first model includes a first transfer function that relates a movement of the occupant's head to a movement of the seat. (Anderson Column 31, line number 42-48:“In the above embodiments, the comparisons between the detected motions of the vehicle and/or occupant with one or more previously identified events and/or pattern templates may be based on instantaneous and/or average data that characterizes motion of the vehicle body, seats, and/or one or more portions of a passenger's body (e.g. torso, head, etc.) that occur over a period of time.”) (Note: Comparisons between the motion of an occupants head and motion of a seat is used as a transfer function.)
Regarding claim 9, Anderson discloses The method of claim 8, wherein the first model includes a second transfer function that relates the movement of the seat to a movement of the sprung mass. (Anderson Column 11, line number 26-28: “As also shown in FIG. 1, in some embodiments, a vehicle 2 may also include a second suspension system 16 associated with a second portion of the vehicle 14.”) (Note: A suspension system that connects the seat to the car is considered a transfer function.)
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Regarding claim 10, Anderson discloses The method of claim 9, wherein the first model includes a third transfer that relates the movement of the sprung mass to a movement of the unsprung mass. (Anderson Column 61, line number 33-36: “The difference between the vehicle motion and the road-induced motion of the vehicle wheels may be shown on the HMI display to illustrate the effectiveness of the active suspension system.”) (Note: The difference between wheel motion and vehicle motion is a fundamental concept in suspension systems transfer function.)
Regarding claim 11, Anderson discloses The method of claim 1, wherein the microprocessor-based controller in (d) includes feedback controller that receives information from the first model. (Anderson Column 28, line number 41-49: “At 226 information from one or more of the event pattern recognition algorithm 222, passenger inputs 224, and information from a database or separate vehicle that the vehicle is in communication with may be used to decide if one or more events have been present for a sufficient threshold duration and/or have a sufficiently severe magnitude that corrective action should be taken to mitigate the impact of these motions and/or situations on a vehicle occupant, see 226.”) (Anderson Column 28, line number 62-67: “Once it has been decided that an appropriate corrective action should be implemented, a controller of the vehicle and/or a sub-portion of the vehicle, such as a suspension system, may implement any appropriate motion and/or motion sickness medication strategy including those described herein at 229.”)
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Regarding claim 12, Anderson discloses A method of operating an active suspension system of a vehicle, the method comprising: receiving a signal indicative of a motion of an occupant of the vehicle; operating at least one actuator of the active suspension system at least partially based on the signal. (Anderson Column 14, line number 28-37: “Therefore, in one embodiment, a controller may receive data about, for example, the movements of the head and/or torso as well as various physical parameters of one or more occupants. A controller may also receive information from one or more occupants indicative of their identity and/or comfort level through an input device such as a dial, button, touch pad, or similar type of input to permit an occupant to directly input information to the controller that may be used to in determining how to control a suspension system of the vehicle.”) (Anderson Column 15, line number 28-32: “Additionally, in some embodiments, the controller may use an active suspension or other actuators associated with a portion of the vehicle to induce motion in the vehicle in a direction other than in the direction of travel.”) (Note: Active suspension used actuators)
Regarding claim 13, Anderson discloses The method of claim 12, wherein the signal is at least partially based on the output of a sensor. (Anderson Column 14, line number 28-37: “Therefore, in one embodiment, a controller may receive data about, for example, the movements of the head and/or torso as well as various physical parameters of one or more occupants. A controller may also receive information from one or more occupants indicative of their identity and/or comfort level through an input device such as a dial, button, touch pad, or similar type of input to permit an occupant to directly input information to the controller that may be used to in determining how to control a suspension system of the vehicle.”) (Anderson Column 30, line number 36-37: “camera monitors head motions of an occupant”)
Regarding claim 14, Anderson discloses The method of claim 12,wherein the signal is at least partially based on the output of a model. (Anderson Column 2, line number 1-12: “In another embodiment, a vehicle includes an active suspension system and an active suspension system controller in electrical indication with the active suspension system. The vehicle also includes at least one sensor or an input in electrical communication with the controller, where the controller detects an increased likelihood of motion sickness of an occupant of the vehicle using information from the at least one sensor or input. Further, the controller operates the active suspension system to mitigate motion in a first frequency range to a greater degree when an increased likelihood of motion sickness of the occupant has been detected.”) (Anderson Column 31, line number 42-60: “In the above embodiments, the comparisons between the detected motions of the vehicle and/or occupant with one or more previously identified events and/or pattern templates may be based on instantaneous and/or average data that characterizes motion of the vehicle body, seats, and/or one or more portions of a passenger's body (e.g. torso, head, etc.) that occur over a period of time. If real time data from a vehicle matches or is similar to a previously obtained template over a certain period of time, for example up to 10 minutes, it may be used as an indication that there is a likelihood of motion sickness occurring on a particular route. Data obtained when developing the templates and during operation may be collected using one or more sensors such as, for example, cameras and accelerometers that capture the dynamics of the vehicle and/or one or more passengers. A determination of the likelihood of motion sickness may be based on the rate at which the patterns are repeated and/or the duration of the period of their occurrence.”)
Regarding claim 15, Anderson discloses The method of claim 12,wherein the motion of the occupant is a motion of the occupant's head. (Anderson Column 14, line number 28-37: “Therefore, in one embodiment, a controller may receive data about, for example, the movements of the head and/or torso as well as various physical parameters of one or more occupants. A controller may also receive information from one or more occupants indicative of their identity and/or comfort level through an input device such as a dial, button, touch pad, or similar type of input to permit an occupant to directly input information to the controller that may be used to in determining how to control a suspension system of the vehicle.”)
Regarding claim 16, Anderson discloses The method of claim 12,wherein the motion of the occupant is a motion of the occupant's eye. (Anderson Column 22, line number 26-32: “In some embodiments, if vehicle sensors and/or available data indicate that, due to recently experienced motion patterns, a situation is likely that may cause discomfort (such as, for example, motion sickness), a vehicle and/or suspension controller may take preventive measures to mitigate the situation using any of the motion and/or motion sickness mitigation methods and systems described herein.”) (Anderson Column 33, line number 25-37: “In yet another embodiment, video monitoring of one or more vehicle occupants may again be used to determine the likelihood of motion sickness. However, in this embodiment, the eyes of a person looking at an object such as a computer screen, or other display, may be monitored and the relative movement of the person's eyes and the display may be determined. Based on this information, the amount of retinal slip an occupant is experiencing while viewing the display may be determined. The amount and/or the frequency of retinal slip and the duration of the period over which it occurs may be compared to predetermined thresholds for these quantities. Based on this comparison, motion sickness mitigation procedures may be instituted.”)
Regarding claim 17, Anderson discloses The method of claim 12, wherein the motion of the occupant is at least partially based on predictive information about an upcoming road. (Anderson Column 40, line number 25-36: “During operation, the overall path (e.g. road choices) that an autonomous and/or a semi-autonomous vehicle will take is typically determined before the vehicle proceeds on the path. This knowledge can be used by a vehicle controller to forewarn vehicle occupants about certain maneuvers which may help to alleviate or reduce the occurrence of motion sickness within the vehicle occupants. In one such embodiment, for example, vehicle occupants may be informed of a direction and/or magnitude of an upcoming turn by, for example, the controller causing the vehicle to gradually “lean into” the turn (i.e. roll toward the center of the turn) a certain distance before the turn begins.”)
Regarding claim 19, Anderson discloses A method of operating a vehicle, the method comprising: (a) transporting an occupant of the vehicle over a road surface, wherein the occupant is seated on a seat in the vehicle and performing a focal visual task; (Anderson Column 11, line number 26-30: “As also shown in FIG. 1, in some embodiments, a vehicle 2 may also include a second suspension system 16 associated with a second portion of the vehicle 14. In the depicted embodiment, the second portion of vehicle corresponds to a seat in which an occupant may be seated.”) (Anderson Column 52, line number 62-Column 53, line number 4: “In addition to the above, the inventors have appreciated that eye movement caused by a person's visual ocular reflex (VOR) may lead to motion sickness when an occupant of a vehicle in motion is reading or focused on an image or object in a vehicle. This may be caused by disparity between the shift in the focal point of a reader's eyes as a result of VOR and the actual position of the text, image or object that is being focused on. The VOR adjusts the focal point based on the assumption that the object being focused on, such as a computer screen, or other display, is inertially fixed.”) (b) with a first sensor, measuring a road-surface-induced disturbance of a portion of the vehicle; (Anderson Column 28, line number 20-40: “First, motion of one or more portions of a vehicle may be monitored at 221 using any appropriate arrangement of sensors including, for example, accelerometers oriented in desired directions, three axes accelerometers, gyroscopes, a vehicle velocimeter, IMUs, or any other type of sensor. These sensors may be sensitive to movements within a desired operating frequency range of the vehicle. As detailed further below, once the motion is detected by the sensors, a signal is transmitted to a controller of the vehicle and/or a motion mitigation system, such as a suspension system, to determine if the motions may correspond to an event pattern associated with motion sickness or other situation using an appropriate event pattern recognition algorithm at 222. The controller may also receive road data 223 that may be used to help identify event patterns and/or locations that may cause motion sickness. As noted previously, road data provided to the controller may include, but is not limited to, location related information such as traffic conditions, road features and topology, look ahead sensor data, speed limit ranges, and other appropriate types of information from any appropriate sensor or database.”) (c) based on the measurements in step (b), determining, with a first model, a value of a parameter associated with a motion of an eye of the occupant during performance of the focal visual task wherein the first model relates the motion of the occupant's eye to the disturbance in step (b); (Anderson Column 33, line number 27-37: “However, in this embodiment, the eyes of a person looking at an object such as a computer screen, or other display, may be monitored and the relative movement of the person's eyes and the display may be determined. Based on this information, the amount of retinal slip an occupant is experiencing while viewing the display may be determined. The amount and/or the frequency of retinal slip and the duration of the period over which it occurs may be compared to predetermined thresholds for these quantities. Based on this comparison, motion sickness mitigation procedures may be instituted.”) (Anderson Column 33, line number 38-43:“The Inventors have appreciated that it may be possible to mitigate motions transmitted to one or more portions of the vehicle by moving a mass in an appropriate correction to apply a force to the desired portion of the vehicle that opposes road induced forces and disturbances transmitted to that portion of the vehicle.”) (d) based on the determination in step (c), (Anderson Column 33, line number 27-37: “However, in this embodiment, the eyes of a person looking at an object such as a computer screen, or other display, may be monitored and the relative movement of the person's eyes and the display may be determined. Based on this information, the amount of retinal slip an occupant is experiencing while viewing the display may be determined. The amount and/or the frequency of retinal slip and the duration of the period over which it occurs may be compared to predetermined thresholds for these quantities. Based on this comparison, motion sickness mitigation procedures may be instituted.”) controlling a motion of the seat with a microprocessor-based controller; (Anderson Column 20, line number 8-22: “FIG. 9 illustrates a watercraft 180 where a seat suspension system 181 reduces the magnitude of oscillations or other motions that reach occupant 182 seated in the associated seat. In some embodiments the actuator may be used to mitigate primarily oscillations and movements within the frequency range associated with motion sickness. Depending on the particular embodiment, the seat suspension system may be used to mitigate motion within a frequency range associated with motion sickness when requested by a vehicle occupant. Additionally, the suspension system may be used to mitigate motion in the motion sickness frequency range when an event pattern is recognized by a vehicle and/or suspension system controller that is associated with an increased likelihood of motion sickness as described further below.”) (Anderson Column 53, line number 10-19: “In some embodiments, this conflict between the position of an image on a display and the changes in an occupant's focal point due to VOR may be alleviated by reducing the movement of a vehicle body in the frequency range between 1 Hz and 10 Hz. Additionally or alternatively, the movement of a one or more sub-portions of a vehicle and/or a passenger compartment of the vehicle may be mitigated in this frequency range as well. For example, a seat, a desk, and/or work surface may include a suspension system that mitigates motions of these structures within this frequency range.”) and (e) controlling the value of the parameter determined in (c) with the motion in step (d). (Anderson Column 20, line number 8-22: “FIG. 9 illustrates a watercraft 180 where a seat suspension system 181 reduces the magnitude of oscillations or other motions that reach occupant 182 seated in the associated seat. In some embodiments the actuator may be used to mitigate primarily oscillations and movements within the frequency range associated with motion sickness. Depending on the particular embodiment, the seat suspension system may be used to mitigate motion within a frequency range associated with motion sickness when requested by a vehicle occupant. Additionally, the suspension system may be used to mitigate motion in the motion sickness frequency range when an event pattern is recognized by a vehicle and/or suspension system controller that is associated with an increased likelihood of motion sickness as described further below.”) (Anderson Column 53, line number 10-19: “In some embodiments, this conflict between the position of an image on a display and the changes in an occupant's focal point due to VOR may be alleviated by reducing the movement of a vehicle body in the frequency range between 1 Hz and 10 Hz. Additionally or alternatively, the movement of a one or more sub-portions of a vehicle and/or a passenger compartment of the vehicle may be mitigated in this frequency range as well. For example, a seat, a desk, and/or work surface may include a suspension system that mitigates motions of these structures within this frequency range.”)
Regarding claim 20, Anderson discloses The method of claim 19, wherein the parameter in step (c) is selected from the group consisting of fixation rate, a forward saccade ratio, a saccade amplitude, a backward saccade amplitude, vision error, and VOR suppression. (Anderson Column 53, line number 10-14: “In some embodiments, this conflict between the position of an image on a display and the changes in an occupant's focal point due to VOR may be alleviated by reducing the movement of a vehicle body in the frequency range between 1 Hz and 10 Hz.”)
Regarding claim 21, Anderson discloses The method of claim 19, wherein a seat actuator interposed between the seat and a vehicle floor is used to control the motion of the seat in step (d). (Anderson Column 19, line number 60-62: “FIG. 8 illustrates a vehicle 170 with an active suspension system that includes actuators 171a and 171b. The vehicle also includes a seat suspension system 172.”)
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Regarding claim 22, Anderson discloses The method of claim 19, wherein a vehicle active suspension actuator interposed between an unsprung mass of the vehicle and a sprung mass of the vehicle (Anderson Column 55, line number 26-33: “In one embodiment, a vehicle, equipped with one or more sensors, may be used to record road-induced effects in a vehicle. These recorded effects may include, for example, wheel (unsprung mass) motions and/or vehicle body (sprung mass) motions which may include roll, pitch and/or heave. The recorded information may include relative displacement between one or more wheels or wheel assemblies and one or more points on the vehicle body.”) is used to control the motion of the seat in step (d). (Anderson Column 4, line number 59-64: “FIG. 8 is a schematic representation of an active suspension system used to mitigate low frequency oscillations of a first platform (such as a passenger seat) that is supported by a second platform (such as the sprung mass of a vehicle), where the high frequency motions of the second platform are shown to be mitigated by an active suspension system;”)
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Regarding claim 24, Anderson discloses The method of claim 19, wherein first model includes a second transfer function that relates a movement of the occupant's head to a movement of the seat. (Anderson Column 31, line number 42-48: “In the above embodiments, the comparisons between the detected motions of the vehicle and/or occupant with one or more previously identified events and/or pattern templates may be based on instantaneous and/or average data that characterizes motion of the vehicle body, seats, and/or one or more portions of a passenger's body (e.g. torso, head, etc.) that occur over a period of time.”) (Note: Comparisons between the motion of an occupants head and motion of a seat is used as a transfer function.)
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.
7. Claims 23 are rejected under 35 USC §103 as being unpatentable over (US 11192420 B2) to Anderson et al. (hereinafter Anderson) in view of Krueger (US 20160167672 A1).
Regarding claim 23, Anderson discloses claim 19, accordingly the rejection of claim 19 is incorporated above.
Anderson does not disclose The method of claim 19, wherein first model includes a first transfer function that relates a movement of the occupant's eye to the motion of the occupant's head.
However, Krueger does teach The method of claim 19, wherein first model includes a first transfer function that relates a movement of the occupant's eye to the motion of the occupant's head. (Krueger Paragraph 0096: “A Fourier transform converts arbitrary motion into a series of sinusoidal motions at various frequencies. This allows a graph of input motion and output motion as a function of time (i.e. in the time domain) to be converted into a graph that shows the gain and phase response plotted as a function of frequency (i.e. the response in the frequency domain). A Fourier transform can convert a comparison of random natural motion (linear and/or rotational) of the head and the eyes into information that shows the gain and phase response of the eyes to movement of the head.”)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Anderson to include The method of claim 19, wherein first model includes a first transfer function that relates a movement of the occupant's eye to the motion of the occupant's head taught by Krueger. This would have been for the benefit to provide a more efficient system and method to measure and mitigate indicators of unhealthiness in provocative environments that are created through vehicle motion. [Krueger Paragraph 0040]
Conclusion
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/K.J.H./Junior Patent Examiner, Art Unit 3664
/KITO R ROBINSON/Supervisory Patent Examiner, Art Unit 3664