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 .
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 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.
Claims status
In the amendment filed on July 21, 2025, claims 16-20 are newly added, and claims 5-7 have been amended. Therefore, claims 1-20 are currently pending for examination.
Claim Rejections - 35 USC § 103
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-3, 5, 8, 10-13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ono (JP2013257883A – see the attached copy of machine translation) in view of Baek et al. (Baek: US 20210152209 A1).
Regarding Claim 1, Ono teaches a system for a vehicle, the system comprising
at least one detector for radiation (Par 39, a radio wave sensor 17 is provided to detect approach to the vehicle and loitering or wandering around the outside of the vehicle.);
at least one sensor, the at least one sensor including at least one sensor for vibration or acceleration (Par 29, abnormality detection sensor 11 can be any of the various types that are incorporated into conventional vehicle theft alarms, such as a vibration sensor or tilt sensor that detects the swaying or tilt of the vehicle, an acceleration sensor or impact sensor that detects impacts to the vehicle, a );
a control and evaluation unit connected to the at least one detector and the at least one sensor, configured to receive and evaluate signals from the at least one detector (Par 41, at least the radio wave sensor 17 and the control unit 18 are in operation so as to be able to monitor the movement of objects around the vehicle (approach or wandering of unauthorized persons, etc.); and
the control and evaluation unit further configured to activate the at least one sensor if the control and evaluation unit determines from the signals received from the at least one detector that an entity is approaching the vehicle (Par 41, if the control unit 18 detects, based on the output of the radio wave sensor 17, that an object is approaching or wandering around (repeated approach and departure in a short period of time, or the object remains within a certain range, etc.),it will turn on the power supply to the CCD camera 10 at that stage. Furthermore, the abnormality detection sensor 11 also starts operating).
Ono does not explicitly disclose the detector for radiation is in the visible or the infrared portion of the electromagnetic spectrum.
However, the preceding limitation is known in the art of vehicular sensing devices. Baek teaches an antenna module (Fig. 5, 350) mounted on the front window of a vehicle and further teaches the detector for radiation is in the infrared portion of the electromagnetic spectrum as well as radio frequency for detecting a person or object approaching the vehicle (Par 97, The proximity sensor 358 is a device for detecting a person or object approaching the vehicle 1 by using, for example, infrared or RF signals).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Baek as a known alternative to the radio frequency in the base vehicular sensing devices with the predictable result of detecting the approaching person or object.
Regarding Claim 2, the combination of Ono and Baek teaches the system according to claim 1, wherein the at least one detector includes at least one camera operating in the visible range or the infrared range of the electromagnetic spectrum (Baek: par 97).
Regarding Claim 3, the combination of Ono and Baek teaches the system according to claim 1, wherein the system further comprises at least one camera in addition to the at least one detector, and the control and evaluation unit is further configured to activate the at least one camera if the control and evaluation unit determines that an entity is approaching the vehicle (Ono: Par 41, if the control unit 18 detects, based on the output of the radio wave sensor 17, that an object is approaching or wandering around (repeated approach and departure in a short period of time, or the object remains within a certain range, etc.),it will turn on the power supply to the CCD camera 10 at that stage ).
Regarding Claim 5, the combination of Ono and Baek teaches the system according to claim 1, wherein the at least one sensor includes at least one body sound sensor (Ono: Par 43, microphone 13) or at least one inertial sensor.
Regarding Claim 8, the combination of Ono and Baek teaches the system according to claim 1, further comprising wherein the control and evaluation unit is further configured to trigger a warning signal if the control and evaluation unit determines that a contact between the entity and the vehicle is likely (Ono: par 34, when the control unit 18 detects a suspicious person such as an intruder based on a signal from the abnormality detection sensor 11, it outputs a siren or other warning sound or a warning message using voice from the speaker 15, and turns on or flashes the lamp 16 to warn or intimidate the suspicious person and Par 29, The abnormality detection sensor 11 is a sensor for detecting the approach of a suspicious person who may be committing mischief or vehicle break-in, or an intrusion into the vehicle cabin, ).
Regarding Claim 10, the combination of Ono and Baek teaches the vehicle including a system according to claim 1 (Ono: Par 27, ).
Regarding Claim 11, the combination of Ono and Baek teaches the vehicle according to claim 10, configured to activate the system when the vehicle is in parking position (Ono: par 58, security camera function when the vehicle is parked).
Regarding Claim 12, the combination of Ono and Baek teaches the vehicle according to claim 10, and further teaches wherein at least one of the at least one detector is installed on the wind shield near a rear-view mirror of the vehicle (Baek: Fig. 5, B, 350) but does not explicitly disclose integrating into a rear-view mirror of the vehicle.
However, it has been held that forming in one piece an article which has formerly formed in two pieces put together involves only routine skill in the art. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to integrate the detector into the rear view mirror in order to reduce the cost of material.
Regarding Claim 13, Ono teaches a method for monitoring a vehicle, the method including the steps:
operating at least one detector for radiation, the detector provided on board of the vehicle (Par 39, a radio wave sensor 17 is provided to detect approach to the vehicle and loitering or wandering around the outside of the vehicle);
evaluating signals from the detector to determine if an entity is approaching the vehicle (Par 41, at least the radio wave sensor 17 and the control unit 18 are in operation so as to be able to monitor the movement of objects around the vehicle (approach or wandering of unauthorized persons, etc.); and
activating at least one sensor for vibration or acceleration on board of the vehicle (Par 29, abnormality detection sensor 11 can be any of the various types that are incorporated into conventional vehicle theft alarms, such as a vibration sensor or tilt sensor that detects the swaying or tilt of the vehicle, an acceleration sensor or impact sensor that detects impacts to the vehicle,) if it is determined in the previous step that an entity is approaching the vehicle (Par 41, if the control unit 18 detects, based on the output of the radio wave sensor 17, that an object is approaching or wandering around (repeated approach and departure in a short period of time, or the object remains within a certain range, etc.),it will turn on the power supply to the CCD camera 10 at that stage. Furthermore, the abnormality detection sensor 11 also starts operating).
Ono does not explicitly disclose the detector for radiation is in the visible or the infrared portion of the electromagnetic spectrum.
However, the preceding limitation is known in the art of vehicular sensing devices. Baek teaches an antenna module (Fig. 5, 350) mounted on the front window of a vehicle and further teaches the detector for radiation is in the infrared portion of the electromagnetic spectrum as well as radio frequency for detecting a person or object approaching the vehicle (Par 97, The proximity sensor 358 is a device for detecting a person or object approaching the vehicle 1 by using, for example, infrared or RF signals).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Baek as a known alternative to the radio frequency in the base vehicular sensing devices with the predictable result of detecting the approaching person or object.
Regarding Claim 15, the combination of Ono and Baek teaches the method according to claim 13, further comprising the step: triggering a warning signal if it is determined that a contact between the entity and the vehicle is likely (Ono: par 34, when the control unit 18 detects a suspicious person such as an intruder based on a signal from the abnormality detection sensor 11, it outputs a siren or other warning sound or a warning message using voice from the speaker 15, and turns on or flashes the lamp 16 to warn or intimidate the suspicious person and Par 29, The abnormality detection sensor 11 is a sensor for detecting the approach of a suspicious person who may be committing mischief or vehicle break-in, or an intrusion into the vehicle cabin).
7. Claims 9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Ono in view of Baek further in view of Agata (US 20220410675 A1).
Regarding Claim 9, the combination of Ono and Baek teaches the system according to claim 1, further comprising wherein the system includes at least one camera (Ono: par 7, camera), and the system is configured to store image data from the at least one camera (Par 30, The control unit 18 records the image captured by the CCD camera 10 as an image file in a predetermined storage means. ).
The combination of Ono and Baek does not explicitly disclose image data are captured within a time-interval stretching from a predefined temporal distance before to a predefined temporal distance after a contact between the vehicle and the entity.
However, the preceding limitation is known in the art of vehicular monitoring systems. Agata teaches a vehicle recorder including a recording control unit that records event data in response to a detection of the event (abstract) and further teaches storing image data from the at least one camera captured within a time-interval stretching from a predefined temporal distance before to a predefined temporal distance after an abnormal event (Agata: par [0048] When the event detection unit 26 detects an event, the recording control unit 28 records event data in a recording medium. Image data captured by the camera 12 over a predetermined period of time before and after the point of time of detection of the event is recorded as event data).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Agata for the benefit of preventing unnecessary event data from being recorded (Agata: Par 68).
Regarding Claim 14, the combination of Ona and Baek teaches the method according to claim 13, further comprising the steps: capturing image data with at least one camera on board of the vehicle if it is determined that an entity is approaching the vehicle; storing image data captured with the camera (Ono: Par 48, A specific condition for starting photography/recording may be to continuously output an approach detection or wandering detection for a predetermined period of time and Par 30, The control unit 18 records the image captured by the CCD camera 10 as an image file in a predetermined storage means.)
The combination of Ono and Baek does not explicitly disclose wherein the image data stored pertain to a time-interval stretching from a predefined temporal distance before to a predefined temporal distance after a contact between the vehicle and the entity.
However, the preceding limitation is known in the art of vehicular monitoring systems. Agata teaches a vehicle recorder including a recording control unit that records event data in response to a detection of the event (abstract) and further teaches storing image data from the at least one camera captured within a time-interval stretching from a predefined temporal distance before to a predefined temporal distance after an abnormal event (Agata: par [0048] When the event detection unit 26 detects an event, the recording control unit 28 records event data in a recording medium. Image data captured by the camera 12 over a predetermined period of time before and after the point of time of detection of the event is recorded as event data).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Agata for the benefit of preventing unnecessary event data from being recorded (Agata: Par 68).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ono in view of Baek further in view of Izumikawa (JP 2015168972 A, see the attached copy of machine translation).
Regarding Claim 4, the combination of Ono and Baek teaches the system according to claim 1, but does not explicitly disclose the at least one detector includes at least one of a thermoelectric or a pyroelectric detector.
However, the preceding limitation is known in the art of vehicular sensing devices. Izumikawa teaches using pyroelectric infrared sensor for detecting the presence of a human in the vicinity of a construction vehicle (Par 6 and Fig. 2-3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide pyroelectric detector as a known type detector in the base infrared sensor with the predictable result of detecting a person near the vehicle.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ono in view of Baek further in view of Blackley (US 20160361972 A1).
Regarding Claim 6, the combination of Ono and Baek teaches the system according to claim 1, but does not explicitly disclose wherein the at least one sensor further includes at least one of a capacitive sensor, a conductive sensor and an ultrasonic sensor.
However, the preceding limitation is known in the art of sensing devices. Blackley teaches using at least one of a capacitive sensor, a conductive sensor or an ultrasonic sensor for detecting acceleration (par [0083] The mechanical sensor can be configured to detect displacement, velocity, acceleration, force, torque, pressure, mass, flow, acoustic wavelength, and amplitude. Exemplary mechanical sensors include, but are not limited to, displacement microsensors, capacitive and inductive displacement sensors, optical displacement sensors, ultrasonic displacement sensors, pyroelectric, velocity and flow microsensors, transistor flow microsensors, acceleration microsensors, piezoresistive microaccelerometers, force, pressure and strain microsensors, and piezoelectric crystal sensors. … The electrical sensor can be configured to detect charge, current, voltage, resistance, conductance, capacitance, inductance, dielectric permittivity, polarization and frequency.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a capacitive sensor, a conductive sensor and an ultrasonic sensor as a known type detector in the base acceleration sensor with the predictable result of acceleration of the monitored object.
Claims 7 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Ono in view of Baek further in view of Niemann et al. (Niemann: US 20150091718).
Regarding Claim 7, the combination of Ono and Baek teaches the system according to claim 1, but does not explicitly disclose wherein the control and evaluation unit is further configured to calculate at least one envelope curve based on the signals received from the at least one sensor and to classify a contact between the vehicle and the entity based on signals received from the at least one sensor based on characteristics of the at least one envelope curve.
However, Niemann teaches a method for classifying damage incidents and/or contact incidents on motor vehicles, the different forms of damage incident shall be detected, evaluated and classified by way of detecting and evaluating at least one impact sound signal (abstract) and further teaches wherein the control and evaluation unit is further configured to calculate at least one envelope curve based on the signals received from the at least one sensor (Fig. 2-3 and Par 16, A more accurate classification of the impact sound signals is effected by examining the time progression of the amplitude envelope of the impact sound signal. ) and to classify a contact between the vehicle and the entity based on signals received from the at least one sensor based on characteristics of the at least one envelope curve (Par 40-41, dent, scratch and see also Par 6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Niemann in order to allow the percentage of erroneous damage messages to be reduced (Niemann: Par 12).
Regarding Claim 16, the combination of Ono, Baek and Niemann teaches the method according to claim 13, but does not explicitly disclose calculating at least one envelope curve based on the signals received from the at least one sensor; and classifying a contact between the vehicle and the entity based on characteristics of the at least one envelope curve.
However, Niemann teaches a method for classifying damage incidents and/or contact incidents on motor vehicles, the different forms of damage incident shall be detected, evaluated and classified by way of detecting and evaluating at least one impact sound signal (abstract) and further teaches calculating at least one envelope curve based on the signals received from the at least one sensor; (Fig. 2-3 and Par 16, A more accurate classification of the impact sound signals is effected by examining the time progression of the amplitude envelope of the impact sound signal. ) and classifying a contact between the vehicle and the entity based on characteristics of the at least one envelope curve (Par 40-41, dent, scratch and see also Par 6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Niemann in order to allow the percentage of erroneous damage messages to be reduced (Niemann: Par 12).
Regarding Claim 17, the combination of Ono, Baek and Niemann teaches the method according to claim 13, but does not explicitly disclose wherein the characteristics of the at least one envelope curve include a shape and an amplitude of the envelope curve.
However, Niemann teaches a method for classifying damage incidents and/or contact incidents on motor vehicles, the different forms of damage incident shall be detected, evaluated and classified by way of detecting and evaluating at least one impact sound signal (abstract) and further teaches wherein the characteristics of the at least one envelope curve include a shape and an amplitude of the envelope curve (Niemann: Fig. 2-3 and par 25, f the amplitude envelope of the impact sound signal has an elongated shape, but lies below the previously defined threshold value, a closer definition of this impact sound signal is difficult, and the signal is classified as being undefined).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Niemann in order to allow the percentage of erroneous damage messages to be reduced (Niemann: Par 12).
Regarding Claim 18, the combination of Ono, Baek and Niemann teaches the system according to claim 7, wherein the characteristics of the at least one envelope curve include at least one of: a combination of shape and an amplitude of the envelope curve, or an amplitude of a peak in the envelope curve that is above a predetermined threshold, and a width of the peak which is below a predefined maximal width (Niemann: Par 24, the amplitude envelope drops to 10% of the maximum within less than 0.4 seconds. If a plastic deformation has occurred the amplitude envelope decays within a time window of 0.4 seconds. Preferably a time window of 0.3 seconds is chosen, in which the amplitude envelope drops completely in order to assign the signal to a plastic deformation. And see also Par 25).
Regarding Claim 19, the combination of Ono, Baek and Niemann teaches the system according to claim 7, wherein the characteristics of the at least one envelope curve include an amplitude of a peak in the envelope curve that is above a predetermined threshold, and a width of the peak which is below a predefined maximal width (Niemann: Par 24, the amplitude envelope drops to 10% of the maximum within less than 0.4 seconds. If a plastic deformation has occurred the amplitude envelope decays within a time window of 0.4 seconds. Preferably a time window of 0.3 seconds is chosen, in which the amplitude envelope drops completely in order to assign the signal to a plastic deformation. And see also Par 25).
Claims 20 is rejected under 35 U.S.C. 103 as being unpatentable over Ono in view of Baek and Niemann further in view of Siddiqui (US 20190111876).
Regarding Claim 20, the combination of Ono, Baek and Niemann teaches the system according to claim 7, but does not explicitly disclose wherein the at least one sensor includes at least two sensors, each sensor of the at least two sensors having a position, and wherein the control and evaluation unit is further configured to estimate a location of the contact on the vehicle based on signals from the at least two sensors and based on the positions of the at least two sensors.
However, Siddiqui teaches a method of identifying a vehicle collision event via one or more sensors disposed in one or more sensor circuits affixed to a vehicle body of a vehicle (abstract) and further teaches wherein the at least one sensor includes at least two sensors, each sensor of the at least two sensors having a position, and wherein the control and evaluation unit is further configured to estimate a location of the contact on the vehicle based on signals from the at least two sensors and based on the positions of the at least two sensors (Par [0037] In other examples, the main input from the sensors to the state machine is from a grid of accelerometers where a microcontroller triangulates the location of impact on the bumper from multiple sensor data. In certain examples, the actuating sensors are a grid of accelerometers, infra-sound microphones, and see also par 52 and Par 54 ).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Siddiqui in order to detect collision data accurately and store to be shared with the third party (Siddiqui: Par 24).
Response to Arguments
Applicant's arguments filed on July 21, 2025 have been fully considered but they are not persuasive.
On page 7 of the Applicant’s Response, applicants argue that “A person having ordinary skill would not turn to the solution of Ono, which employs a (relatively high-power consuming) radio wave proximity sensor using a radio wave Doppler in order to provide the low-power consuming detector function of the present claimed invention. Additionally, Baek describes: "The proximity sensor 358 is a device for detecting a person or object approaching the vehicle 1 by using, for example, infrared or RF signals." However, Baek's description is in the context of "a high frequency communication apparatus for vehicle capable of controlling another device using a cable and an antenna module." Baek includes no description or suggestion of a relatively low- power consumption detector for radiation in the visible or infrared portion of the electromagnetic spectrum, and which a person might be motivated to substitute for the radio wave proximity sensor of Ono to arrive at the present claimed invention.”
In response, Examiner respectfully disagrees because (a) the claim does not recite any requirement for low power consumption. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). (b) Baek clearly teaches the infrared detector is alternative to the RF detector for object detection and Ono does not teach away from using any infrared detector from proximity detection.
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 extension fee 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 date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nay Tun whose telephone number is (571)270-7939. The examiner can normally be reached on Mon-Thurs from 9:00-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's Supervisor, Curtis Kuntz can be reached on (571) 272-7499. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/Nay Tun/Primary Examiner, Art Unit 2687