DETAILED ACTION
This is the first Office action on the merits and is responsive to the papers filed 02/28/2024 and 04/28/2024. Claims 1-21 are currently pending and examined below.
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 .
Drawings
The drawings were received on 04/28/2024. These drawings are acceptable.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a dynamic factor acquisition module that acquires a plurality of dynamic factors information from vehicle and driver during the autonomous driving” in claims 1, 7 and 14 (as dynamic factor acquisition module 120 in Figs. 1-2 and the corresponding paragraphs in the as-filed specification);
“a static eyes-off-road time module characterized by generating a static eyes-off-road time for the driver allowing driver’s eye gaze to be away from the road in front of the autonomous driving vehicle” in claims 1-2 (as static eyes-off-road time module 400 in Fig. 1-2 and the corresponding paragraphs in the as-filed specification);
“a dynamic eyes-off-road factor process module characterized by generating a dynamic eyes-off-road adjustment factor” in claims 1, 7 and 14 (as dynamic eyes-off-road factor process module 300 in Figs. 1-2 and 5 and the corresponding paragraphs in the as-filed specification);
“an eyes-off-road time adjustment module characterized by making adjustment on the static eyes-off-road time for the driver based on the dynamic eyes-off-road adjustment factor and generating an allowed eyes-off-road time for the driver” in claims 1 and 5-6 (as eyes-off-road time adjustment module 450 in Figs. 1-2 and 5 and the corresponding paragraphs in the as-filed specification);
“an eye-gaze recognition module is characterized by recognizing a state of eye-gaze detected by the driver monitor system” in claim 2 (as eye-gaze recognition module 410/410’ in Figs. 1-4 and the corresponding paragraphs in the as-filed specification);
“a static eyes-off-road time assessment module is characterized by determining the static eyes-off-road time for the driver based on the state of eye-gaze” in claim 2 (as static eyes-off-road time assessment module 420/420’ in Figs. 1-4 and the corresponding paragraphs in the as-filed specification);
“a dynamic eyes-off-road factor analysis module” in claims 7 and 14 (as dynamic eyes-off-road factor analysis module 310 in Figs. 1-2 and 5 and the corresponding paragraphs in the as-filed specification);
“a dynamic factor recognition module in electrical communication with the dynamic factor acquisition module and characterized by recognizing a state of one of the plurality of the dynamic factors acquired by the dynamic factor acquisition module” in claims 7 and 14 (as dynamic factor recognition module 312 in Figs. 5-6 and the corresponding paragraphs in the as-filed specification);
“a dynamic factor assessment module in electrical communication with the dynamic factor recognition module and characterized by assessing a dynamic eyes-off-road time factor based on the state of the dynamic factor” in claims 7 and 14 (as dynamic factor assessment module 314 in Figs. 5-6 and the corresponding paragraphs in the as-filed specification); and
“a dynamic eyes-off-road factors consolidation module” in claims 7 and 14 (as dynamic eyes-off-road factors consolidation module 320 in Figs. 1-2 and 5 and the corresponding paragraphs in the as-filed specification).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8-13 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 8, the recitation “the upper limit being greater than or equal to 1” is unclear. It is unclear because the upper bound being a value being greater than or equal to 1 is unbounded. The scope of the invention is thus indefinite. For the purpose of the examination, the Examiner will treat the upper limit as 1.
Claims 9-13 are rejected as they depend upon rejected claim 8.
Appropriate corrections are required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-21 are rejected under 35 U.S.C. 101 because
Step 1: Claims 1-21 are directed to an eyes-off-road driving assistance system or method. The claims fall within at least one of the four categories of patent eligible subject matter because the claims recite a system (a machine) or a method (a process). Step 1: Yes.
Step 2A – prong 1: Claims 1 and 21 recite the limitations, of determining whether the vehicle is in a state that requires monitoring driver’s attention, calculating dynamic eyes-off-road time adjustment for each factor, calculating static eyes-off-road time based on the eye-gaze location or eye-gaze direction, combining dynamic and static calculations to obtain final eyes-off-road time allowed for the driver, monitoring duration of driver’s eye gaze off-road, determining whether the driver looks at the road during allowed eyes-off-road time, and determining whether the driver’s eyes-off-road gaze duration is longer than allowed eyes-off-road time. These limitations, as drafted, are simple processes that, under its broadest reasonable interpretation, cover performance of the limitations in the mind but for the recitation of a generic computer. That is, other than “by a system”, whether it be an eyes-off-road driving assistance system or modules connected through electrical connections in the eyes-off-road driving assistance system, nothing in the claims preclude the steps from practically being performed in the mind. For example, other than “by a system” language, the claims encompass a person looking at data collected and forming a simple judgement. The mere nominal recitation of “by a system” does not take the claim limitations out of the mental process grouping. Thus, claims 1 and 21 are directed to mental process. Step 2A – Prong 1: Yes.
Step 2A- Prong 2: Claims 1 and 21 recite additional elements of a sensor system, a driver monitor system, a driver warning system and a human-machine interface (HMI) system performing the limitations of acquiring dynamic eyes-off-road factors, detecting driver’s eye-gaze location or eye-gaze direction, monitoring duration of driver’s eye gaze off-road, and issuing warning to driver when the driver’s eyes-off-road gaze duration is longer than allowed. These additional elements are recited at a high level of generality, therefore acting as generic computer components to perform the abstract idea. The additional elements are claimed generically and operating in their ordinary capacities and do not use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, such that the claims are more than mere instructions to apply the exception using generic computer components. Accordingly, even in combination, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Step 2A – Prong 2: No.
Step 2B: As discussed with respect to step 2A Prong Two, the additional elements in the claims amounts to no more than mere instructions to apply the exception using generic computer components. The same analysis applies here in 2B, i.e., mere instructions to apply an exception using a generic computer cannot integrate a judicial exception into a practical application at Step 2A or provide an inventive concept in Step 2B. The claims are ineligible. Step 2B: No.
Therefore, claims 1 and 21 are ineligible under 35 U.S.C 101.
Claims 2-20 do not contain limitations that render them subject matter eligible under 35 U.S.C. 101.
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 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.
Claims 1-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deng et al. (AU 2024200040 A1; hereinafter Deng).
Regarding claim 1, Deng discloses:
An eyes-off-road driving assistance system (Fig. 2: eyes-off driving assistance system 200) for an automatic driving vehicle (Fig. 2: vehicle 100, [0032] “an automatic driving or semi-automatic driving vehicle”) equipped with a sensor system (Fig. 2: sensor system 140) comprising plurality of sensors ([0034] sensors) for sensing the driving environment wherein the vehicle is operating autonomously ([0034] “the plurality of sensors will be configured to sense each piece of dynamic factor information affecting vehicle driving”), a driver monitor system (Fig. 2: driver monitor system (DMS) 110) providing driver eye-gaze information of a driver ([0032] “the eyes focusing information of the driver acquired by the driver monitor system of the vehicle”), a driver warning system (Fig. 2: driver alarm system 130) providing warning signals to the driver ([0035] “the driver alarm system outputs alarm information to the driver through a related information output device”) and an autonomous driving human-machine interface (HMI) system (Fig. 2: automatic driving HMI system 150) comprising an eyes-off-road time monitor (Fig. 2: eyes-off time monitor 155) that monitors a time that driver’s eye gaze is off the road ([0035] “the eyes-off time monitor in the automatic driving HMI system monitors the eyes-off time of the driver in real time”) and a dynamic factor acquisition module (Fig. 2: dynamic factor recognition module 312) that acquires a plurality of dynamic factors information from vehicle and driver during the autonomous driving ([0053] “the dynamic factor recognition module is configured to recognize each piece of dynamic factor information to determine each dynamic factor state corresponding to each piece of dynamic factor information”), said eyes-off-road driving assistance system comprising:
a static eyes-off-road time module (Fig. 2: static eyes-off time module 400) characterized by generating a static eyes-off-road time for the driver allowing driver’s eye gaze to be away from the road in front of the autonomous driving vehicle ([0033] “The static eyes-off time module in the eyes-off driving assistance system is configured..to determine the static eyes-off time allowance corresponding to the eyes focusing information. The static eyes-off time allowance is an initial time that the eyes of the driver are allowed to leave the road in front of the vehicle”),
a dynamic eyes-off-road factor process module (Fig. 2: dynamic eyes-off factor processing module 300) characterized by generating a dynamic eyes-off-road adjustment factor ([0034] “the dynamic eyes-off factor processing module in the eyes-off driving assistance system is configured..to determine a dynamic eyes-off time adjustment factor corresponding to each piece of dynamic factor information”),
an eyes-off-road time adjustment module (Fig. 2: eyes-off time adjustment module 450) characterized by making adjustment on the static eyes-off-road time for the driver based on the dynamic eyes-off-road adjustment factor and generating an allowed eyes-off-road time for the driver ([0035] “the eyes-off time adjustment module in the eyes-off driving assistance system receives the static eyes-off time allowance and the dynamic eyes-off time adjustment factor which are respectively determined by the static eyes-off time module and the dynamic eyes-off factor processing module in the eyes-off driving assistance system, and calculate the received static eyes-off time allowance and dynamic eyes-off time adjustment factor to determine the corresponding allowed eyes-off time”),
wherein:
the static eyes-off-road time module is in electrical communication with the driver monitor system and receives driver’s eye gaze information from the driver monitor system ([0033] “The static eyes-off time module in the eyes-off driving assistance system is configured to receive the eyes focusing information of the driver acquired by the driver monitor system of the vehicle”), the static eyes-off-road time module generates the static eyes-off-road time information based on the driver’s eye gaze information ([0033] “so as to determine the static eyes-off time allowance corresponding to the eyes focusing information”), and the static eyes-off-road time module is also in electrical communication with the eyes-off-road time adjustment module and sends the static eyes-off-road time information to the eyes-off-road adjustment module ([0035] “the eyes-off time adjustment module in the eyes-off driving assistance system receives the static eyes-off time allowance..determined by the static eyes-off time module..in the eyes-off driving assistance system”),
the dynamic eyes-off-road factor process module is in electric communication with the dynamic factor acquisition module and receives the plurality of dynamic factor information from the vehicle and the driver during the autonomous driving ([0034] “the dynamic eyes-off factor processing module in the eyes-off driving assistance system is configured to receive each piece of dynamic factor information affecting vehicle driving, where the each piece of dynamic factor information is acquired by the dynamic eyes-off factor acquisition module in the automatic driving HMI (Human Machine Interface) system of the vehicle”), the dynamic eyes-off-road factor process module generates the dynamic eyes-off-road adjustment factor based on the plurality of dynamic factor information ([0034] “to determine a dynamic eyes-off time adjustment factor corresponding to each piece of dynamic factor information”), and the dynamic eyes-off-road factor process module is also in electrical communication with the eyes-off-road time adjustment module and sends the dynamic eyes-off-road adjustment factor to the eyes-off-road time adjustment module ([0035] “the eyes-off time adjustment module in the eyes-off driving assistance system receives..the dynamic eyes-off time adjustment factor..determined by..the dynamic eyes-off factor processing module in the eyes-off driving assistance system”), and
the eyes-off-road time adjustment module is in electrical communication with the static eyes-off-road time module and the dynamic eyes-off-road factor process module to receive the static eyes-off-road time information and the dynamic eyes-off-road adjustment factor ([0035] “the eyes-off time adjustment module in the eyes-off driving assistance system receives the static eyes-off time allowance and the dynamic eyes-off time adjustment factor which are respectively determined by the static eyes-off time module and the dynamic eyes-off factor processing module in the eyes-off driving assistance system, and calculate the received static eyes-off time allowance and dynamic eyes-off time adjustment factor to determine the corresponding allowed eyes-off time”), the eyes-off-road time adjustment module is also in electrical communication with the eyes-off-road time monitor of the autonomous driving HMI system and sends the allowed eyes-off-road time information to the eyes-off-road time monitor ([0035] “After the eyes-off time adjustment module in the eyes-off driving assistance system obtains the allowed eyes-off time of the driver by calculation, the calculated allowed eyes-off time of the driver is sent to the automatic driving HMI system”).
Regarding claim 2, Deng discloses:
wherein the static eyes-off-road time module further comprises an eye-gaze recognition module (Fig. 2: eyes focusing recognition module 410) and a static eyes-off-road time assessment module (Fig. 2: static eyes-off time evaluation module 420),
wherein:
the eye-gaze recognition module is characterized by recognizing a state of eye-gaze detected by the driver monitor system ([0038] “the eyes focusing recognition module is configured to parse the eyes focusing information, so as to determine an eyes focusing state corresponding to the eyes focusing information and generate a recognizable eyes focusing feature with state information of the eyes focusing state”), and
the static eyes-off-road time assessment module is characterized by determining the static eyes-off-road time for the driver based on the state of eye-gaze ([0038] “the static eyes-off time evaluation module is configured to determine the static eyes-off time allowance corresponding to the recognizable eyes focusing feature according to the recognizable eyes focusing feature”).
Regarding claim 3, Deng discloses:
wherein the state of eye-gaze is characterized by location ([0043] “the eyes focusing state in the above-mentioned eyes focusing recognition module is expressed in..a specific position on which the eyes are focused”).
Regarding claim 4, Deng discloses:
wherein the state of eye-gaze is characterized by direction ([0043] “the eyes focusing state in the above-mentioned eyes focusing recognition module is expressed in..a specific direction on which the eyes are focused”).
Regarding claim 5, Deng discloses:
wherein the eyes-off-road time adjustment module generates the allowed eyes-off-road time from the static eyes-off-road time and the dynamic eyes-off-road adjustment factor by multiplying the dynamic eyes-off-road adjustment factor to the static eyes-off-road time ([0075] formula 3 multiplies x5 and x6, x5 is the static eyes-off time allowance, x6 is the dynamic eyes-off time adjustment factor).
Regarding claim 6, Deng discloses:
wherein the eyes-off-road time adjustment module generates the allowed eyes-off-road time from the static eyes-off-road time and the dynamic eyes-off-road adjustment factor by adding the dynamic eyes-off-road adjustment factor to the static eyes-off-road time ([0074] formula 1 sums x1 and x2, x1 is the static eyes-off time allowance, x2 is the dynamic eyes-off time adjustment factor, [0075] formula 2 sums x3 and x4, x3 is the static eyes-off time allowance, x4 is the dynamic eyes-off time adjustment factor).
Regarding claim 7, Deng discloses:
wherein the dynamic eyes-off-road factor process module further comprises a dynamic eyes-off-road factor analysis module (Fig. 2: dynamic eyes-off factor analysis module 310) and a dynamic eyes-off-road factors consolidation module (Fig. 2: dynamic eyes-off factor integration module 320),
wherein:
the dynamic eyes-off-road factor analysis module further comprises:
a dynamic factor recognition module (Fig. 6: dynamic factor recognition module 312) in electrical communication with the dynamic factor acquisition module and characterized by recognizing a state of one of the plurality of the dynamic factors acquired by the dynamic factor acquisition module ([0054] “the dynamic factor recognition module in the dynamic eyes-off factor analysis module is configured to receive each piece of dynamic factor information acquired by the dynamic eyes-off factor acquisition module in the automatic driving HMI system, and recognize each piece of received dynamic factor information to determine the dynamic factor state corresponding to each piece of dynamic factor information”), and
a dynamic factor assessment module (Fig. 6: dynamic factor evaluation module 314) in electrical communication with the dynamic factor recognition module and characterized by assessing a dynamic eyes-off-road time factor based on the state of the dynamic factor ([0059] “the dynamic factor evaluation module configured to determine each dynamic eyes-off time evaluation factor corresponding to each dynamic factor state according to the corresponding relationship between the dynamic factor state of each dynamic factor and the dynamic eyes-off time evaluation factor as well as each dynamic factor state”) wherein the dynamic eyes-off-road time factor is assigned a time factor value ranging from a predetermined lower limit to a predetermined upper limit ([0060] “each dynamic eyes-off time evaluation factor in the dynamic factor evaluation module is a nondimensional quantity of which a lower limit is 0 and an upper limit is 1”), said dynamic factor assessment module is further in electrical communication with the dynamic eyes-off-road factors consolidation module and sends the dynamic eyes-off-road time factor assessment to the dynamic eyes-off-road factors consolidation module ([0059] “The dynamic eyes-off factor analysis module generates the dynamic eyes-off time evaluation factor and sends the generated dynamic eyes-off time evaluation factor to the dynamic eyes-off factor integration module”).
Regarding claim 8, Deng discloses:
wherein the time factor value is a unitless scaler with the lower limit being zero and the upper limit being greater than or equal to 1 ([0060] “each dynamic eyes-off time evaluation factor in the dynamic factor evaluation module is a nondimensional quantity of which a lower limit is 0 and an upper limit is 1”).
Regarding claim 9, Deng discloses:
wherein the plurality of dynamic factors ([0077] dynamic traffic factor) comprises a traffic factor, of which the state comprises one of “No traffic”, “Low traffic”, “Medium traffic”, “Medium-high traffic”, “High traffic” and “Crash” by order of such listing sequence herein ([0077] “no traffic, low traffic, medium traffic, medium-high traffic, high traffic, and traffic accident”), wherein the dynamic factor assessment module assesses the dynamic eyes-off-road time factor with a higher value for the state listed in the earlier order of the sequence and a lower value for the state listed in the later order of this sequence ([0079] “traffic congestion means that a shorter allowed eyes-off time needs to be provided for the driver, and smooth traffic means that a longer allowed eyes-off time may be provided for the driver”).
Regarding claim 10, Deng discloses:
wherein the plurality of dynamic factors comprises a road factor ([0077] dynamic road factor), of which the state comprises one of “Straight road”, “Low curvature”, “Medium curvature”, “Medium-high curvature”, “High curvature” and “Construction” by order of such listing sequence herein ([0077] “no curvature, low curvature, medium curvature, medium-high curvature, high curvature, and road construction”), wherein the dynamic factor assessment module assesses the dynamic eyes-off-road time factor with a higher value for the state listed in the earlier order of the sequence and a lower value for the state listed in the later order of this sequence ([0080] “a wide straight road in the same direction means that a longer eyes-off time may be provided for the driver, and a bent and narrow road means that a shorter allowed eyes-off time needs to be provided for the driver”).
Regarding claim 11, Deng discloses:
wherein the plurality of dynamic factors comprises an environmental factor ([0077] dynamic environment factor), of which the state comprises one of “Clear weather”, “Wind”, “Rain”, “Snow”, “Fog” and “Icy surface” by order of such listing sequence herein ([0077] “no environmental impact, wind, rain, snow, fog and ice”), wherein the dynamic factor assessment module assesses the dynamic eyes-off-road time factor with a higher value for the state listed in the earlier order of the sequence and a lower value for the state listed in the later order of this sequence ([0081] “a sunny weather means that a longer eyes-off time may be provided for the driver, and a precipitation, rainy, snowy, foggy or icy weather means that a shorter allowed eyes-off time needs to be provided for the driver”).
Regarding claim 12, Deng discloses:
wherein the plurality of dynamic factors comprises a vehicle factor ([0077] dynamic vehicle factor), of which the state comprises one of “No issues”, “Minor issue”, “Medium issue”, “Important issue” and “Critical issue” by order of such listing sequence herein ([0077] “no problem, a little problem, a moderate problem, and a serious problem”), wherein the dynamic factor assessment module assesses the dynamic eyes-off-road time factor with a higher value for the state listed in the earlier order of the sequence and a lower value for the state listed in the later order of this sequence ([0082] “if the vehicle has any problem, which means that a shorter allowed eyes-off time will be provided for the driver”).
Regarding claim 13, Deng discloses:
wherein the plurality of dynamic factors comprises a driver factor ([0077] dynamic driver factor), of which the state comprises one of “Alert driver”, “Low sleepiness”, “Medium sleepiness”, “High sleepiness” and “Unconscious” by order of such listing sequence herein ([0077] “awake, low drowsiness, moderate drowsiness, high drowsiness and unconsciousness”), wherein the dynamic factor assessment module assesses the dynamic eyes-off-road time factor with a higher value for the state listed in the earlier order of the sequence and a lower value for the state listed in the later order of this sequence ([0083] “a more serious injury means a shorter allowed eyes-off time, a less serious injury means a longer allowed eyes-off time”).
Regarding claim 14, Deng discloses:
wherein the dynamic eyes-off-road factor process module further comprises a dynamic eyes-off-road factor analysis module (Fig. 2: dynamic eyes-off factor analysis module 310) and a dynamic eyes-off-road factors consolidation module (Fig. 2: dynamic eyes-off factor integration module 320),
wherein:
the dynamic eyes-off-road factor analysis module further comprises:
a dynamic factor recognition module (Fig. 6: dynamic factor recognition module 312) in electrical communication with the dynamic factor acquisition module and characterized by recognizing a state of one of the plurality of the dynamic factors acquired by the dynamic factor acquisition module ([0054] “the dynamic factor recognition module in the dynamic eyes-off factor analysis module is configured to receive each piece of dynamic factor information acquired by the dynamic eyes-off factor acquisition module in the automatic driving HMI system, and recognize each piece of received dynamic factor information to determine the dynamic factor state corresponding to each piece of dynamic factor information”), and
a dynamic factor assessment module (Fig. 6: dynamic factor evaluation module 314) in electrical communication with the dynamic factor recognition module and characterized by assessing a dynamic eyes-off-road time factor based on the state of the dynamic factor ([0059] “the dynamic factor evaluation module configured to determine each dynamic eyes-off time evaluation factor corresponding to each dynamic factor state according to the corresponding relationship between the dynamic factor state of each dynamic factor and the dynamic eyes-off time evaluation factor as well as each dynamic factor state”) wherein the dynamic eyes-off-road time factor is assigned a time factor value ranging from a predetermined upper limit to a predetermined lower limit ([0060] “each dynamic eyes-off time evaluation factor in the dynamic factor evaluation module is a nondimensional quantity of which a lower limit is 0 and an upper limit is 1”), said dynamic factor assessment module is further in electrical communication with the dynamic eyes-off-road factors consolidation module and sends the dynamic eyes-off-road time factor assessment to the dynamic eyes-off-road factors consolidation module ([0059] “The dynamic eyes-off factor analysis module generates the dynamic eyes-off time evaluation factor and sends the generated dynamic eyes-off time evaluation factor to the dynamic eyes-off factor integration module”).
Regarding claim 15, Deng discloses:
wherein the time factor value has a unit of time with the lower limit being a negative number ([0093] “each dynamic eyes-off time evaluation factor is a time-dimensional quantity of which a lower limit is a negative number”).
Regarding claim 16, Deng discloses:
wherein the plurality of dynamic factors comprises a traffic factor ([0077] dynamic traffic factor), of which the state comprises one of “No traffic”, “Low traffic”, “Medium traffic”, “Medium-high traffic”, “High traffic” and “Crash” by order of such listing sequence herein ([0077] “no traffic, low traffic, medium traffic, medium-high traffic, high traffic, and traffic accident”), wherein the dynamic factor assessment module assesses the dynamic eyes-off-road time factor with a higher value for the state listed in the earlier order of the sequence and a lower value for the state listed in the later order of this sequence ([0079] “traffic congestion means that a shorter allowed eyes-off time needs to be provided for the driver, and smooth traffic means that a longer allowed eyes-off time may be provided for the driver”).
Regarding claim 17, Deng discloses:
wherein the plurality of dynamic factors comprises a road factor ([0077] dynamic road factor), of which the state comprises one of “Straight road”, “Low curvature”, “Medium curvature”, “Medium-high curvature”, “High curvature” and “Construction” by order of such listing sequence herein ([0077] “no curvature, low curvature, medium curvature, medium-high curvature, high curvature, and road construction”), wherein the dynamic factor assessment module assesses the dynamic eyes-off-road time factor with a higher value for the state listed in the earlier order of the sequence and a lower value for the state listed in the later order of this sequence ([0080] “a wide straight road in the same direction means that a longer eyes-off time may be provided for the driver, and a bent and narrow road means that a shorter allowed eyes-off time needs to be provided for the driver”).
Regarding claim 18, Deng discloses:
wherein the plurality of dynamic factors comprises an environmental factor ([0077] dynamic environment factor), of which the state comprises one of “Clear weather”, “Wind”, “Rain”, “Snow”, “Fog” and “Icy surface” by order of such listing sequence herein ([0077] “no environmental impact, wind, rain, snow, fog and ice”), wherein the dynamic factor assessment module assesses the dynamic eyes-off-road time factor with a higher value for the state listed in the earlier order of the sequence and a lower value for the state listed in the later order of this sequence ([0081] “a sunny weather means that a longer eyes-off time may be provided for the driver, and a precipitation, rainy, snowy, foggy or icy weather means that a shorter allowed eyes-off time needs to be provided for the driver”).
Regarding claim 19, Deng discloses:
wherein the plurality of dynamic factors comprises a vehicle factor ([0077] dynamic vehicle factor), of which the state comprises one of “No issues”, “Minor issue”, “Medium issue”, “Important issue” and “Critical issue” by order of such listing sequence herein ([0077] “no problem, a little problem, a moderate problem, and a serious problem”), wherein the dynamic factor assessment module assesses the dynamic eyes-off-road time factor with a higher value for the state listed in the earlier order of the sequence and a lower value for the state listed in the later order of this sequence ([0082] “if the vehicle has any problem, which means that a shorter allowed eyes-off time will be provided for the driver”).
Regarding claim 20, Deng discloses:
wherein the plurality of dynamic factors comprises a driver factor ([0077] dynamic driver factor), of which the state comprises one of “Alert driver”, “Low sleepiness”, “Medium sleepiness”, “High sleepiness” and “Unconscious” by order of such listing sequence herein ([0077] “awake, low drowsiness, moderate drowsiness, high drowsiness and unconsciousness”), wherein the dynamic factor assessment module assesses the dynamic eyes-off-road time factor with a higher value for the state listed in the earlier order of the sequence and a lower value for the state listed in the later order of this sequence ([0083] “a more serious injury means a shorter allowed eyes-off time, a less serious injury means a longer allowed eyes-off time”).
Regarding claim 21, Deng discloses:
A method for operating the eyes-off-road driving assistance system ([0087] eyes-off driving assistance method) as in Claim 1 comprising steps of
determining whether the vehicle is in a state that requires monitoring driver’s attention ([0002] “when an automatic driving control system believes that the driver needs to take over a control right of a vehicle.”),
acquiring dynamic eyes-off-road factors ([0034] “the plurality of sensors will be configured to sense each piece of dynamic factor information affecting vehicle driving”),
calculating dynamic eyes-off-road time adjustment for each factor ([0034] “the dynamic eyes-off factor processing module in the eyes-off driving assistance system is configured..to determine a dynamic eyes-off time adjustment factor corresponding to each piece of dynamic factor information”),
detecting driver’s eye-gaze location or eye-gaze direction ([0032] “the eyes focusing information of the driver acquired by the driver monitor system of the vehicle”, [0043] “the eyes focusing state in the above-mentioned eyes focusing recognition module is expressed in two different forms which are respectively a specific position on which the eyes are focused and a specific direction on which the eyes are focused”),
calculating static eyes-off-road time based on the eye-gaze location or eye-gaze direction ([0033] “The static eyes-off time module in the eyes-off driving assistance system is configured..to determine the static eyes-off time allowance corresponding to the eyes focusing information. The static eyes-off time allowance is an initial time that the eyes of the driver are allowed to leave the road in front of the vehicle”),
combining dynamic and static calculations to obtain final eyes-off-road time allowed for the driver ([0035] “the eyes-off time adjustment module in the eyes-off driving assistance system receives the static eyes-off time allowance and the dynamic eyes-off time adjustment factor which are respectively determined by the static eyes-off time module and the dynamic eyes-off factor processing module in the eyes-off driving assistance system, and calculate the received static eyes-off time allowance and dynamic eyes-off time adjustment factor to determine the corresponding allowed eyes-off time”),
monitoring duration of driver’s eye gaze off-road ([0087] “a monitored eyes-off time of the driver”),
determining whether the driver looks at the road during allowed eyes-off-road time ([0087] “the eyes-off time monitor compares the allowed eyes-off time with a monitored eyes-off time of the driver to obtain a comparison result”),
determining whether the driver’s eyes-off-road gaze duration is longer than allowed eyes-off-road time ([0087] “the eyes-off time monitor compares the allowed eyes-off time with a monitored eyes-off time of the driver to obtain a comparison result”), and
issuing warning to driver when the driver’s eyes-off-road gaze duration is longer than allowed ([0087] “gives an alarm to the driver according to the comparison result”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Shojima (US 20210039678 A1) discloses a driver state determination device; and
Nath et al. (US 10752253 B1) discloses a driver awareness detection system.
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/PAYSUN WU/Examiner, Art Unit 3665
/DONALD J WALLACE/Primary Examiner, Art Unit 3665