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 .
Response to Amendment
The amendment filed on 03/20/2026 is being entered. Claims 1, 3-5, 7-13 and 15-16 are pending. Claim 16 is new. Claims 2, 6, and 14 are cancelled. The amendment overcomes the previous rejections to the claims. However, after further search and consideration, the claims are rejected under 35 U.S.C. 103. Therefore, responsive to this amendment, this rejection has been made final.
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 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, 7-13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Onyekwelu (U.S. Publication No. 2021/0016731 A1) hereinafter Onyekwelu in view of Pertsel (U.S. Patent No. 11,498,500 B1) hereinafter Pertsel further in view of Toshiyuki et al. (JP Publication No. 2008120289 A) hereinafter Toshiyuki.
Regarding claim 1, Onyekwelu discloses a system for processing vehicle occupant data, the system comprising:
a plurality of vehicle inputs for receiving information associated with the vehicle [see Paragraphs 0040-0043 - discusses different sensor inputs that receive information from occupants associated with a vehicle], wherein at least one of the plurality of vehicle inputs includes an input from asee Paragraph 0040 - discusses a camera]; and
a controller for processing the vehicle information from the plurality of vehicle inputs and including functional blocks for performing processing functions [see Paragraph 0043 - discusses an analyzer that receives the information from the sensors, the analyzer includes functions of matching and determining for the sensor data and are executed on a processing circuits perform the functionalities], wherein the functional blocks include:
a characteristic determination block for determining, from the plurality of vehicle inputs, one or more occupant characteristics associated with the occupant [see Paragraph 0048 - discusses that characteristics of objects are determined from the sensor data (see Paragraph 0043 - discusses sensor data for objects are collected at the analyzer)], wherein the one or more occupant characteristics include one or more clothing characteristics associated with the occupant determined by processing images from the see Paragraph 0040 - discusses that the objects include clothing and are collected by the camera, and see Paragraph 0048 - discusses that characteristics are determined from the object - clothing characteristics];
an occupant profile block for building an occupant profile based on determined occupant characteristics, wherein the occupant profile includes occupant preferences associated with the one or more occupant characteristics [see Paragraph 0032 - discusses that a template (of a user profile) is created after an individual inputs their desired settings (preferences) and the template is stored with the characteristics that yielded the users desired settings, see Paragraph 0039 - discusses each template and vehicle settings are stored within a user profile]; and
a preference selection block for selecting an occupant preference from an occupant profile based on one or more occupant characteristics determined by the determination block, wherein the occupant characteristic includes at least the one or more clothing characteristics [see Paragraph 0052 - discusses determining adjustments to the vehicle according to the vehicle settings stored in the user profile, a template (in the user profile) is matched to the detected user characteristics, see Paragraph 0048 - discusses characteristics of an object (see Paragraph 0040 - discusses clothing characteristics) associated with a user are matched to a template (in the user profile) and leads to a selection of settings],
the preference selection block is configured to generate a command for the selected occupant preference [see Paragraph 0075 - discusses retrieving vehicle settings when a template match occurs, the vehicle settings are fetched (generated) before being transmitted],
the preference selection block is configured to transmit the command for controlling one or more settings [see Paragraph 0076 - discusses issuing a command to actuators (see Paragraph 0057 - discusses controlling a lift motor, a seat motor, a side mirror) based on the vehicle settings],
the preference selection block selects an occupant preference based on one or more currently detected occupant characteristics [see Paragraphs 0052-0053 - discusses the analyzer determining settings (preferences) based on data collected by the template matcher, object determiner, see Paragraph 0075 - discusses fetching settings based on the template].
However, Onyekwelu fails to disclose an interior cabin camera; and wherein the occupant profile block updates the occupant profile over time based on patters in the determined occupant characteristics.
Pertsel discloses an interior cabin camera that detects clothing characteristics of an occupant and processes images using a controller/processor [see Column 22 lines 59-67, Column 23 lines 1-2, see Column 27 lines 12-32, and see Figure 3 below - discusses detecting occupant characteristics (includes clothing) using a camera, and see Figure 3 below – depicts an interior camera 102b’].
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Figure 3 of Pertsel
Onyekwelu discloses the claimed invention except for an interior cabin camera. Pertsel discloses an interior cabin camera that detects characteristics of an occupant [see Column 22 lines 59-67, Column 23 lines 1-2, see Column 27 lines 12-32, and see Figure 3 above]. The functionality of each of the cameras is the same (detects characteristics of an occupant). The only difference is the location of the camera on the vehicle. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to modify the camera as taught by Onyekwelu to be installed on the interior cabin of the vehicle as taught by Pertsel since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Toshiyuki discloses updating an occupant profile block updates the occupant profile over time based on patterns in the determined occupant characteristics [see Paragraph 0018 – discusses that a personal behavior pattern database (occupant profile block) is updated by a behavior pattern storage unit, and see Paragraph 0032 – discusses that a behavior pattern accumulation unit associates a clothing pattern recognized by a camera 102 with a behavior pattern confirmed by a behavior pattern confirmation unit and stores it in the personal behavior pattern database, see Paragraphs 0024-0026 – discusses the behavior patterns, (1) If the occupant is wearing a suit in the morning, it is presumed that he is in the middle of commuting and the BGM is turned off (or plays a discreet song) so as not to obstruct driving. Controls such as changing the visual effect of the display of the meter and the in-vehicle navigation system to a calm cool color system are executed, (2) When the occupant is wearing sportswear or golf wear, since long-distance driving is expected, guidance regarding a gas station or convenience store is provided. For example, voice guidance such as “There is no petrol station at the end of the next petrol station, ** kilometers” may be performed. Moreover, you may perform control, such as transmitting traffic information more actively, (3) When the occupant takes off his jacket, it is estimated that the room temperature is high, and an instruction signal is transmitted to the air conditioner so as to slightly lower the set room temperature. Alternatively, an instruction signal is transmitted to the window ECU so that the window is slightly opened – therefore, a behavior is determined with the determined clothing and the clothing and behavior are then associated, stored, and updated].
Toshiyuki suggests providing occupants (crew) with sufficient service based on a clothing pattern [see Paragraphs 0004, 0010, and 0033].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to modify the occupant profile block as taught by Onyekwelu to update the occupant profile over time based on patterns in the determined occupant characteristics as taught by Toshiyuki in order to provide the occupants with a sufficient service based on a clothing pattern [Toshiyuki, see Paragraphs 0004, 0010, and 0033].
Regarding claim 3, Onyekwelu, Pertsel, and Toshiyuki disclose the invention with respect to claim 1. Onyekwelu further discloses wherein the plurality of vehicle inputs further include inputs from at least one of a user interface of the vehicle [see Paragraph 0042 - discusses a user interface (biometric scanner)], an audio sensor [see Paragraph 0041 - discusses a microphone (audio sensor)],
Regarding claim 4, Onyekwelu, Pertsel, and Toshiyuki disclose the invention with respect to claim 1. Onyekwelu further discloses wherein: the occupant preferences are associated with vehicle settings [see Paragraphs 0030, 0037 and 0052 - discusses vehicle settings], and the occupant profile associates the one or more occupant characteristics with vehicle information from at least one other vehicle input indicating a vehicle setting [the template (of the user profile) includes the occupant characteristics, see Paragraph 0075 - the template is stored with the characteristics that yielded the settings (see Paragraph 0032), see Paragraph 0046 - discusses comparing audio data received and matching to a template].
Regarding claim 5, Onyekwelu, Pertsel, and Toshiyuki disclose the invention with respect to claim 1. Onyekwelu further discloses wherein the preference selection block selects the occupant preference by comparing a determined clothing characteristic to the occupant profile to select an occupant preference from the occupant profile [see Paragraph 0026 - discusses matching characteristics (e.g. clothing, shoes) to the template stored within a user profile for the individual to determine vehicle setting (e.g. a template can specify that if the individual is wearing a particular outfit (e.g., gym attire), a particular set of vehicle settings is activated)].
Regarding claim 7, Onyekwelu, Pertsel, and Toshiyuki disclose the invention with respect to claim 6. Onyekwelu further discloses wherein the command for controlling the one or more settings is a command for controlling one or more vehicle settings of the vehicle [see Paragraph 0076 - discusses issuing a command to actuators (see Paragraph 0057 - discusses controlling a lift motor, a seat motor, a side mirror) based on the vehicle settings].
Regarding claim 8, Onyekwelu, Pertsel, and Toshiyuki disclose the invention with respect to claim 6. Onyekwelu further discloses wherein the controller further includes a feedback block for analyzing one or more vehicle inputs to identify a user’s response to the generated command [see Paragraphs 0031 and 0065-0068 - discusses applying vehicle settings (generated command), a user is then prompted (via an input) for feedback (whether the vehicle settings are satisfactory), the user then inputs the feedback (satisfactory or unsatisfactory)].
Regarding claim 9, Onyekwelu, Pertsel, and Toshiyuki disclose the invention with respect to claim 6. Onyekwelu further discloses wherein one of the occupant characteristics determined from at least one of the plurality of vehicle inputs includes the user’s response to the generated command [see Paragraphs 0068-0069 - discusses that the users response to generated command via the prompt (vehicle input) is used to adjust the template that is stored, the user provides additional data for the sensor and the settings are updated based on the additional sensor data, For example, if the dimensions of the user were inaccurate, the user can be prompted to exit the vehicle such that additional images can be collected and analyzed. The vehicle settings can then be adjusted based on the newly determined dimensions.].
Regarding claim 10, Onyekwelu, Pertsel, and Toshiyuki disclose the invention with respect to claim 1. Pertsel further discloses wherein the preference selection block is configured to generate a report based on a stored occupant profile for transmission to an external server [see Column 40 lines 14-33 - discusses uploading a user profile (report) to a server (cloud service),].
Pertsel suggests that when a user profile does not exists, then new data is provided for fleet learning [see Column 40 lines 14-33].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to modify the controller as taught by Onyekwelu to generate a report based on a stored occupant profile for transmission to an external server as taught by Pertsel in order to provide data to a server for fleet learning [Pertsel, see Column 40 lines 14-33].
Regarding claim 11, Onyekwelu, Pertsel, and Toshiyuki disclose the invention with respect to claim 1. Onyekwelu further discloses wherein the clothing characteristics includes at least one of: see Paragraph 0038 - discusses clothing characteristics include shoes, shorts (clothing type), and a template including the clothing style (gym)].
Regarding claim 12, Onyekwelu discloses a vehicle [see Figure 2 below - depicts a vehicle 200] comprising: the system of claim 1 [Onyekwelu, Pertsel, and Toshiyuki as cited in claim 1 discloses the invention, see below].
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Figure 2 of Onyekwelu
Onyekwelu discloses a system for processing vehicle occupant data, the system comprising:
a plurality of vehicle inputs for receiving information associated with the vehicle [see Paragraphs 0040-0043 - discusses different sensor inputs that receive information from occupants associated with a vehicle], wherein at least one of the plurality of vehicle inputs includes an input from asee Paragraph 0040 - discusses a camera]; and
a controller for processing the vehicle information from the plurality of vehicle inputs and including functional blocks for performing processing functions [see Paragraph 0043 - discusses an analyzer that receives the information from the sensors, the analyzer includes functions of matching and determining for the sensor data and are executed on a processing circuits perform the functionalities], the functional blocks including:
a characteristic determination block for determining, from the plurality of vehicle inputs, one or more occupant characteristics associated with a vehicle occupant [see Paragraph 0048 - discusses that characteristics of objects are determined from the sensor data (see Paragraph 0043 - discusses sensor data for objects are collected at the analyzer)], wherein the one or more occupant characteristics include one or more clothing characteristics associated with a vehicle occupant determined by processing images from the see Paragraph 0040 - discusses that the objects include clothing and are collected by the camera, and see Paragraph 0048 - discusses that characteristics are determined from the object - clothing characteristics];
an occupant profile block for building an occupant profile based on determined occupant characteristics, wherein the occupant profile includes occupant preferences associated with the one or more occupant characteristics [see Paragraph 0032 - discusses that a template (of a user profile) is created after an individual inputs their desired settings (preferences) and the template is stored with the characteristics that yielded the users desired settings, see Paragraph 0039 - discusses each template and vehicle settings are stored within a user profile]; and
a preference selection block for selecting an occupant preference from an occupant profile based on one or more occupant characteristics determined by the determination block, wherein the occupant characteristic includes at least the one or more clothing characteristics [see Paragraph 0052 - discusses determining adjustments to the vehicle according to the vehicle settings stored in the user profile, a template (in the user profile) is matched to the detected user characteristics, see Paragraph 0048 - discusses characteristics of an object (see Paragraph 0040 - discusses clothing characteristics) associated with a user are matched to a template (in the user profile) and leads to a selection of settings].
However, Onyekwelu fails to disclose an interior cabin camera.
Pertsel discloses an interior cabin camera that detects clothing characteristics of an occupant and processes images using a controller/processor [see Column 22 lines 59-67, Column 23 lines 1-2, see Column 27 lines 12-32, and see Figure 3 below - discusses detecting occupant characteristics (includes clothing) using a camera, and see Figure 3 below – depicts an interior camera 102b’].
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Figure 3 of Pertsel
Onyekwelu discloses the claimed invention except for an interior cabin camera. Pertsel discloses an interior cabin camera that detects characteristics of an occupant [see Column 22 lines 59-67, Column 23 lines 1-2, see Column 27 lines 12-32, and see Figure 3 above]. The functionality of each of the cameras is the same (detects characteristics of an occupant). The only difference is the location of the camera on the vehicle. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to modify the camera as taught by Onyekwelu to be installed on the interior cabin of the vehicle as taught by Pertsel since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claim 13 is analogous to claim 1 and is rejected as being unpatentable under 35 U.S.C. 103 over Onyekwelu in view of Pertsel in view of Toshiyuki.
Claim 15 is analogous to claim 1 and is rejected as being unpatentable under 35 U.S.C. 103 over Onyekwelu in view of Pertsel.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Onyekwelu in view of Pertsel in view of Toshiyuki further in view of Chien et al. (U.S. Publication No. 2023/0171865 A1) hereinafter Chien.
Regarding claim 16, Onyekwelu, Pertsel, and Toshiyuki disclose the invention with respect to claim 1.
However, the combination of Onyekwelu, Pertsel, and Toshiyuki fails to disclose wherein a command for controlling the one or more settings is a command for controlling one or more settings outside the vehicle.
Chien discloses wherein a command for controlling the one or more settings is a command for controlling one or more settings outside the vehicle [see Paragraphs 0011, 0018, 0049-0057 – discusses that controlling a lighting source outside of a vehicle based on user preferences of a user profile of a user that is driving in a vehicle].
Chien suggests illuminating dark zones, such as a predicted location where a user will be (for example house lights) [see Paragraph 0018].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to modify the settings that are controlled as taught by Onyekwelu to include settings that are controlled outside of a vehicle as taught by Toshiyuki in order to illuminate dark zones of a predicted location of where a user will be [Chien, see Paragraph 0018].
Response to Arguments
Applicants’ arguments appear to be directed solely to the amended subject matter, and are not persuasive, as noted supra in the rejections of that claimed subject matter.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/SHAYNE M. GILBERTSON/Examiner, Art Unit 3665
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