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 .
DETAILED ACTION
This Office action is in response to Applicant’s Amendments and Remarks filed on 11/7/2025.
Response to Arguments
Specification objections of the most recent Office action have been removed due to Applicant’s amendments.
Applicant’s arguments filed 11/7/2025, pg(s). 7-10, with respect to the prior art rejections to the pending claims have been considered but are moot in view of the newly formulated rejection necessitated by Applicant’s amendments.
Claim Objections
Claim(s) 3 is/are objected to because of the following informalities:
Claim(s) 3 recites the limitation “a swallowing processes of the user..”. While the scope of the claim(s) is reasonably ascertainable, the examiner suggests amending to “a swallowing process” or “swallowing processes” to be grammatically correct.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-2, 4-6, 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frye et al. (US 20180065642 A1).
Regarding claim 1, Frye teaches A method for creating an individual user profile in an event of an occurrence of motion sickness of a user of a motor vehicle by way of a support system of the motor vehicle, the method comprising:
providing an initial user profile for the user of the motor vehicle by way of an electronic computing device of the support system (“Control system 16 associates the selected vehicle system 78, the occupant health data, and the occupant state data in a unique occupant data profile to learn occupant preferences and effective recommendations.”, [0037], “The unique occupant data profile is specific to one occupant and more information is added to unique occupant data profile over time to increase the accuracy and effectiveness of the recommendations made by control system 16.”, [0064]);
capturing at least one characteristic (“occupant health data and occupant state”, [0043]) that currently characterizes the user of the motor vehicle by way of a capture device (“sensor system 14”, Fig. 2) of the support system (“Sensor system 14 measures occupant physiology, occupant behavior”, [0041], “Sensor system 14 includes the plurality of sensors as shown in FIGS. 3-10. Measurements from sensor system 14 are used to determine occupant health data and occupant state data as suggested in FIG. 3.”, [0043], “Sensor system 14 includes optical camera system 2”, [0044], “Optical camera system 26 is configured to change a field of view to detect occupant 13 when occupant 13 is in a plurality of positions as suggested in FIGS. 6 and 7.”, [0048]);
generating a user query regarding how the user is feeling by way of the electronic computing device (“Based on at least one of the occupant health data and the occupant state data, control system 16 identifies one or more of a plurality of vehicle systems 78 suitable to change at least one physiological characteristic or behavioral characteristic of occupant 13.”, [0036], Fig. 11B);
outputting the user query regarding how the user is feeling at an output device of the support system (“Control system 16 recommends to occupant 13 to activate the vehicle system(s) 78 based on the occupant health data and the occupant state data.”, [0036], Fig. 11B);
capturing an input of the user of the motor vehicle regarding how the user is feeling in response to the user query regarding how the user is feeling by way of an input device of the support system (“Vehicle system 78 may be activated…manually by occupant 13 in response to the recommendation.”, [0037], “Control system 16 activates a vehicle system 78 based on…input from the occupant…In another example, control system 16 recommends activating massage system 86 and activates massage system 86 based on occupant input or occupant health data.”, [0063], see “YES” and “NO” in Fig. 11B);
linking the input of the user of the motor vehicle regarding how the user is feeling to the at least one characteristic that currently characterizes the user of the motor vehicle by way of the electronic computing device (“Control system 16 is configured to associate activation of vehicle system 78 with the occupant health data and the occupant state data in a unique occupant data profile. The unique occupant data profile is specific to one occupant and more information is added to unique occupant data profile over time to increase the accuracy and effectiveness of the recommendations made by control system 16.”, [0064]); and
creating the individual user profile by adapting the initial user profile based on the input of the user of the motor vehicle regarding how the user is feeling linked to the at least one characteristic that currently characterizes the user of the motor vehicle by way of the electronic computing device (see “information is added to unique occupant data profile over time”, [0064] citation above, see also “The occupant health data, occupant state data, and learned occupant behaviors are associated in a unique occupant data profile associated with a single occupant. The control system adds information and trends to the unique occupant data profile over time to improve its occupant comfort and wellness recommendations.”, [0005]).
Regarding claim 2, Frye teaches The method according to claim 1, wherein
at least one current characteristic of an eye of the user of the motor vehicle is captured as the at least one characteristic that currently characterizes the user by way of an interior camera (“Sensor system 14 includes optical camera system 2”, [0044], “Control system 16 is configured to determine…occupant eye direction…an eye blink rate 94 of occupant 13… …occupant eye direction,…and the eye blink rate 94 of occupant 13 are determined based on signals from the optical camera system 26.”, [0053]).
Regarding claim 4, Frye teaches The method according to claim 1, wherein
a current sweat production of the user of the motor vehicle is captured as the at least one characteristic that currently characterizes the user of the motor vehicle by way of the capture device (“Control system 16 is configured to determine…occupant sweat level… The occupant sweat level is based on signals from the humidity sensor 36.”, [0053], “Sensor system 14…a humidity sensor 36”, [0044]).
Regarding claim 5, Frye teaches The method according to claim 1, wherein
a current motion of an upper body of the user of the motor vehicle is captured as the at least one characteristic that currently characterizes the user of the motor vehicle by way of the capture device (“Control system 16 is configured to determine occupant focus, occupant eye direction, occupant head position, an eye blink rate 94 of occupant 13…a hand position of occupant 13… …Occupant focus, occupant eye direction, occupant head position, and the eye blink rate 94 of occupant 13 are determined based on signals from the optical camera system 26…The hand position of occupant 13 is based on signals from the capacitive sensor 32 which determines steering wheel grasp.”, [0053]).
Regarding claim 6, Frye teaches The method according to claim 1, further comprising:
detecting motion sickness based on the individual user profile and initiating a countermeasure against detected motion sickness (“Control system 16 analyzes the occupant health data and occupant state data and determines recommendations for improving the wellness and/or comfort of occupant 13 as suggested in FIG. 11B.”, [0035], “Control system 16 activates a vehicle system 78 based on at least one of the occupant health data, the occupant state data, and input from the occupant.”, [0063]).
Regarding claim 8, Frye teaches The method according to claim 1, wherein the electronic computing device is provided with artificial intelligence (“Control system 16 determines occupant health data and occupant state data based on the signals generated by sensor system 14 as suggested in FIGS. 3 and 11A. Control system 16 determines data based on different experience levels as shown in FIG. 3. Occupant health data and occupant state data are provided in real-time. FIG. 3 provides one example of the signals and data used to determine the data of experience levels 1-4 and the machine learning and profile update level. Other examples of determining data based on different signals and data are within the scope of this disclosure and a number of examples are provided herein.”, [0052]).
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, 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frye et al. (US 20180065642 A1) in view of Rober et al. (US 20180089901 A1).
Regarding claim 3, Frye teaches The method according to claim 1, wherein
(“Sensor system 14 includes optical camera system 2”, [0044], “Control system 16 is configured to determine occupant focus, occupant eye direction, occupant head position, an eye blink rate 94 of occupant 13, a BCG or ECG (electrocardiogram) of occupant 13, a hand position of occupant 13, a center of mass of occupant 13, occupant sweat level, occupant skin temperature, an activity history of occupant 13, and a next calendar event of occupant 13 in experience level 1. Occupant focus, occupant eye direction, occupant head position, and the eye blink rate 94 of occupant 13 are determined based on signals from the optical camera system 26. BCG or ECG (electrocardiogram) of occupant 13 is determined based on signals from the piezoelectric sensor 28 and the electrode 30. The hand position of occupant 13 is based on signals from the capacitive sensor 32 which determines steering wheel grasp.”, [0053]).
Further, Rober teaches
a swallowing processes of the user of the motor vehicle is captured by capturing motion of a larynx of the user of the motor vehicle as the at least one characteristic that currently characterizes the user of the motor vehicle by way of an interior camera (“sensors and cameras in a VR projection device 720 or elsewhere in the vehicle 700 or on a passenger may be used to monitor the passenger for signs of motion sickness (e.g.,…swallowing”, [0057], Rober does not explicitly teach the motion of “a larynx”, however, this limitation is inherent since Rober teaches “sensors and cameras” are configured to detect “swallowing” [0057] where swallowing requires movement of the larynx, and thus is necessarily flows that the capturing the swallowing of the user of Rober comprises capturing motion of the larynx of the user).
Both Frye and Rober teach capturing motion of a user of a motor vehicle as at least one characteristic that currently characterizes the user of the motor vehicle by way of an interior camera. Rober further teaches the captured motion is swallowing of the user of the motor vehicle. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the invention of Frye with the teachings of Rober such that the capturing of motion of the user of Frye comprising capturing swallowing of the user, as suggested by Rober, with a reasonable expectation of success. The motivation for doing so would be “to monitor the passenger for signs of motion sickness” [0057] using the well-known signs which indicate the illness, as suggested by Rober [0057].
Claim(s) 7, 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Frye et al. (US 20180065642 A1) in view of Wan et al. (US 20190022347 A1).
Regarding claim 7, Frye teaches The method according to claim 6, further comprising:
observing the user of the motor vehicle during the countermeasure (see “control system 16 is configured to receive supplemental occupant-body signals and supplemental behavioral signals after activating the vehicle system.”, [0067] citation below); and
evaluating the countermeasure with regard to individual effectiveness, wherein the adapting the initial user profile takes into account the evaluating (“Control system 16 is configured to determine the effectiveness of activating vehicle system 78. Control system 16 monitors and analyzes the physiological and behavioral data of occupant 13 to determine the effect of vehicle systems 78 on occupant 13. In one example, control system 16 is configured to receive supplemental occupant-body signals and supplemental behavioral signals after activating the vehicle system. Control system 16 determines supplemental occupant health data based on the supplemental occupant-body signals and the supplemental behavioral signals. Control system 16 determines supplemental occupant state data based on the supplemental occupant health data.”, [0067], “The control system 16 is configured to associate activation of the vehicle system 78 with the supplemental occupant health data and the supplemental occupant state data in the unique occupant data profile to learn occupant behavior and preferences. Control system 16 compares the occupant health data and the supplemental occupant health data and associates changes to the occupant health data in the unique occupant data profile.”, [0069]), and wherein the evaluating includes:
capturing an input of the user of the motor vehicle regarding effectiveness of the countermeasure (“Control system 16 activates a vehicle system 78 based on…input from occupant 13”, [0068]).
Further, Wan teaches
wherein the evaluating includes:
generating a user query regarding effectiveness of the countermeasure by way of the electronic computing device (“Referring to FIG. 5, motion sickness mitigation at step 218 of the process 200 may include a number of steps as represented by the process 300. The process 300 may be initiated at step 302 when the process 200 proceeds to steps 216 and 218 from step 208, from step 230, or from step 232. In the current embodiment, process 300 may be initiated when the mitigation module 138 receives the mitigate signal 152 or 162. Proceeding to step 304, the process 300 adjusts vehicle performance and/or cabin conditions to mitigate motion sickness.”, [0058], “Proceeding to step 306, a determination is made as to whether the occupant chooses to adjust or override certain aspects of the mitigation regimen implemented at step 304. For example, the mitigation module provides an adjustment inquiry signal 178 to the interface 98 and the occupant may input changes through the interface 98 to modify the vehicle performance and or cabin condition mitigation measures.”, [0060]);
outputting the user query regarding effectiveness of the countermeasure at the output device of the support system (see “the mitigation module provides an adjustment inquiry signal 178 to the interface 98”, [0060] citation above);
capturing an input of the user of the motor vehicle regarding effectiveness of the countermeasure in response to the user query regarding effectiveness of the countermeasure (see “the mitigation module provides an adjustment inquiry signal 178 to the interface 98”, [0060] citation above, see also “The mitigation module 138 provides the adjustment inquiry signal 178, and receives the occupant inputs through the data input signal 146. In response to the occupant's selection communicated through the data input signal 146, the mitigation module 138 effects implementation of the selection through the vehicle performance signal 174, such as to the actuator system 30, the HVAC system 100, the lighting system 102, and/or the other vehicle systems.”, [0060]).
Both Frye and Wan teach observing a user of a motor vehicle during a countermeasure against detected motion sickness, evaluating the countermeasure with regard to individual effectiveness, and capturing an input of the user regarding the effectiveness of the countermeasure. Wan further teaches evaluating the countermeasure includes capturing an input of the user of the motor vehicle regarding effectiveness of the countermeasure in response to a user query regarding effectiveness of the countermeasure. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the invention of Frye with the teachings of Wan such that the evaluating of the countermeasure of Frye includes generating and receiving an input to a user query regarding effectiveness of the countermeasure, as suggested by Wan, with a reasonable expectation of success. The motivation for doing so would be to conduct “ongoing monitoring and evaluation” such that “the vehicle performance and/or cabin condition mitigation measures are adjusted according to the occupant's selections” [0060], as taught by Wan.
Regarding claim 9, Frye teaches (“control system 16”, Fig. 2]):
provide an initial user profile for a user of a motor vehicle (“Control system 16 associates the selected vehicle system 78, the occupant health data, and the occupant state data in a unique occupant data profile to learn occupant preferences and effective recommendations.”, [0037], “The unique occupant data profile is specific to one occupant and more information is added to unique occupant data profile over time to increase the accuracy and effectiveness of the recommendations made by control system 16.”, [0064]);
capture at least one characteristic (“occupant health data and occupant state”, [0043]) that currently characterizes the user of the motor vehicle by way of a capture device (“sensor system 14”, Fig. 2) (“At step 224, occupant state information is supplied to the driving induced motion sickness prediction module 134, such as through the occupant state input signal 160.”, [0051]);
generate a user query regarding how the user is feeling (“Based on at least one of the occupant health data and the occupant state data, control system 16 identifies one or more of a plurality of vehicle systems 78 suitable to change at least one physiological characteristic or behavioral characteristic of occupant 13.”, [0036], Fig. 11B);
output the user query regarding how the user is feeling at an output device (“Control system 16 recommends to occupant 13 to activate the vehicle system(s) 78 based on the occupant health data and the occupant state data.”, [0036], Fig. 11B);
capture an input of the user of the motor vehicle regarding how the user is feeling in response to the user query regarding how the user is feeling by way of an input device (“Vehicle system 78 may be activated…manually by occupant 13 in response to the recommendation.”, [0037], “Control system 16 activates a vehicle system 78 based on…input from the occupant…In another example, control system 16 recommends activating massage system 86 and activates massage system 86 based on occupant input or occupant health data.”, [0063], see “YES” and “NO” in Fig. 11B);
link the input of the user of the motor vehicle regarding how the user is feeling to the at least one characteristic that currently characterizes the user of the motor vehicle (“Control system 16 is configured to associate activation of vehicle system 78 with the occupant health data and the occupant state data in a unique occupant data profile. The unique occupant data profile is specific to one occupant and more information is added to unique occupant data profile over time to increase the accuracy and effectiveness of the recommendations made by control system 16.”, [0064]); and
adapt the initial user profile based on the input of the user of the motor vehicle regarding how the user is feeling linked to the at least one characteristic that currently characterizes the user of the motor vehicle to create an individual user profile (see “information is added to unique occupant data profile over time”, [0064] citation above, see also “The occupant health data, occupant state data, and learned occupant behaviors are associated in a unique occupant data profile associated with a single occupant. The control system adds information and trends to the unique occupant data profile over time to improve its occupant comfort and wellness recommendations.”, [0005]).
Further, Wan teaches A non-transitory computer-readable medium storing a computer program with program code that causes an electronic computing device to (“The memory device 116 may be any type of suitable memory. For example, the memory device 116 may include volatile and nonvolatile storage in read-only memory (ROM), random-access memory (RAM), and keep-alive memory (KAM), for example…The memory device 116 may be implemented using any of a number of known memory devices such as PROMs (programmable read-only memory), EPROMs (electrically PROM), EEPROMs (electrically erasable PROM), flash memory, or any other electric, magnetic, optical, or combination memory devices capable of storing data, some of which represent executable instructions, used by the controller 28.”, [0043]):
Both Frye and Wan teach an electronic computing device configured to adapt an initial user profile based on a user of a vehicle’s input. Wan further teaches the electronic computing device comprises a non-transitory computer-readable medium storing a computer program with program code that causes the electronic computing device to adapt the initial user profile. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the invention of Frye with the teachings of Wan such that the electronic computing device of Frye includes these well-known computing components, as suggested by Wan, with a reasonable expectation of success. This would achieve the predictable result of operating the computing device to perform the process of adapting the initial user profile. KSR International Co. v. Teleflex Inc. (KSR), 550 U.S. 398, 82 USPQ2d 1385 (2007)
Regarding claim 10, Frye teaches A support system that creates an individual user profile in an event of an occurrence of motion sickness of a user of a motor vehicle, the support system comprising:
a capture device (“sensor system 14”, Fig. 2, “Sensor system 14 includes the plurality of sensors as shown in FIGS. 3-10.”, [0043], “Sensor system 14 includes optical camera system 2”, [0044]);
an output device (“display 90”, Fig. 11B);
an input device (“display 90”, Fig. 11B); and
an electronic computing device that (“control system 16”, Fig. 2]), in operation:
provides an initial user profile for the user of the motor vehicle (“Control system 16 associates the selected vehicle system 78, the occupant health data, and the occupant state data in a unique occupant data profile to learn occupant preferences and effective recommendations.”, [0037], “The unique occupant data profile is specific to one occupant and more information is added to unique occupant data profile over time to increase the accuracy and effectiveness of the recommendations made by control system 16.”, [0064]);
captures at least one characteristic (“occupant health data and occupant state”, [0043]) that currently characterizes the user of the motor vehicle by way of the capture device (“Sensor system 14 measures occupant physiology, occupant behavior”, [0041], “Sensor system 14 includes the plurality of sensors as shown in FIGS. 3-10. Measurements from sensor system 14 are used to determine occupant health data and occupant state data as suggested in FIG. 3.”, [0043], “Sensor system 14 includes optical camera system 2”, [0044], “Optical camera system 26 is configured to change a field of view to detect occupant 13 when occupant 13 is in a plurality of positions as suggested in FIGS. 6 and 7.”, [0048]);
generates a user query regarding how the user is feeling (“Based on at least one of the occupant health data and the occupant state data, control system 16 identifies one or more of a plurality of vehicle systems 78 suitable to change at least one physiological characteristic or behavioral characteristic of occupant 13.”, [0036], Fig. 11B);
outputs the user query regarding how the user is feeling at the output device (“Control system 16 recommends to occupant 13 to activate the vehicle system(s) 78 based on the occupant health data and the occupant state data.”, [0036], Fig. 11B);
captures an input of the user of the motor vehicle regarding how the user is feeling in response to the user query regarding how the user is feeling by way of the input device (“Vehicle system 78 may be activated…manually by occupant 13 in response to the recommendation.”, [0037], “Control system 16 activates a vehicle system 78 based on…input from the occupant…In another example, control system 16 recommends activating massage system 86 and activates massage system 86 based on occupant input or occupant health data.”, [0063], see “YES” and “NO” in Fig. 11B);
links the input of the user of the motor vehicle regarding how the user is feeling to the at least one characteristic that currently characterizes the user of the motor vehicle (“Control system 16 is configured to associate activation of vehicle system 78 with the occupant health data and the occupant state data in a unique occupant data profile. The unique occupant data profile is specific to one occupant and more information is added to unique occupant data profile over time to increase the accuracy and effectiveness of the recommendations made by control system 16.”, [0064]); and
adapts the initial user profile based on the input of the user of the motor vehicle regarding how the user is feeling linked to the at least one characteristic that currently characterizes the user of the motor vehicle to create an individual user profile (see “information is added to unique occupant data profile over time”, [0064] citation above, see also “The occupant health data, occupant state data, and learned occupant behaviors are associated in a unique occupant data profile associated with a single occupant. The control system adds information and trends to the unique occupant data profile over time to improve its occupant comfort and wellness recommendations.”, [0005]).
Further, Wan teaches
an output device (“display device”, [0040, 0062], “A display device is any output device of the motion sickness mitigation system 22 that presents information to an occupant in visual, audible, tactile/haptic, or other form.”, [0062]);
an input device (“interface 98”, [0040, 0060], “The inputs may be received as alphanumeric entries, or a voice response system may be used. In a number of examples, the interface 98 may comprise one or more sensors associated with user interfaces such as vehicle touch screens, rotary knobs, buttons, and/or other types of user interfaces within the vehicle 20 for receiving inputs from an occupant.”, [0040]).
Both Frye and Wan teach a support system configured to adapt an initial user profile based on a user of a vehicle’s input. Wan further teaches the user input is received through an input device and user query prompting the user input is present through an output device. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the invention of Frye such that output device and the input device of Frye are two separate components, as suggested by Wan, with a reasonable expectation of success. The motivation for doing so would be to distinctly alert the user of the query, as suggested by Wan [0062] and to provide numerous options for receiving the user input, as suggested by Wan [0040].
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure: See Notice of References Cited.
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.
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/AMELIA VORCE/ Primary Examiner, Art Unit 3666