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 Arguments
Applicant's arguments regarding the rejection of claims 1-2 and 5 under 35 U.S.C 102(a)(2) been fully considered but they are not persuasive. Specifically, it is challenged that Jin fails to disclose performance of the claimed operation after the occupant boards the vehicle, in order to adjust the temperature of the alcohol sensor for improved accuracy. The examiner has carefully considered applicant’s arguments and respectfully disagrees. In the disclosure of Jin, it is provided that the check unit is configured to detect whether or not a passenger is on board, and once it is detected, the module is configured to control the air conditioner of the vehicle to discharge air within a predetermined temperature to sterilize the inside of the breath test device (alcohol sensor). There are also further scenarios disclosed where the air conditioning is utilized once a passenger has been detected and the vehicle is in a closed state, where all the windows are closed for accurate measurement to ensure the driver's inebriation is checked in an indoor air circulation mode. The air conditioner is clearly activated after the occupants have boarded the vehicle ([0183]-[0185]) the hot air from the air conditioner is discharged directly into the breath device, which is indicative of the air conditioning being coupled to the blower and alcohol sensor. Moreover, in Fig.6, it is illustrated that the breath test device (alcohol sensor) and the air conditioner are directly coupled to one another, along with the control module with moderates all functionality. Additionally, the control module may control a cooling, or heating device included in the air conditioner on the basis of the humidity detected ([0196]). The passage recited is indicative of active air blowing and temperature adjustment triggered by humidity conditions detected once it is determined that the driver and passengers are present. There are recited methods of detecting driver inebriation while a driver is present (after they enter the vehicle) ([0021]-[0023]). As such, the rejection of claims 1-2 and 5 under 35 U.S.C 102(a)(2) is maintained.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 5, 7, and 9-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jung Yu Jin et al. (US20230041464A1), hereinafter referred to as Jin.
Regarding claim 1, Jin discloses:
A vehicle (see at least Jin, ¶ [0032]) comprising:
an alcohol sensor configured to detect an alcohol component included in exhaled breath of an occupant of the vehicle (see at least Jin, ¶¶ [0107] which discloses an alcohol sensor within a sensor unit configured to detect an alcohol component (concentration) included in the driver’s breath (respiration) of an occupant of the vehicle)
a blower configured to blow air (see at least Jin, ¶¶ [0019]-[0020] which discloses a blower (air conditioner) configured to blow air)
adjust a temperature of the air to be blown out from the blower after the occupant boards the vehicle (see at least Jin, ¶¶ [0018]-[0020], [0183]-[0186], which discloses the control module may control a cooling, or heating device included in the air conditioner on the basis of the humidity detected; [0021]-[0023], which discloses methods of detecting driver inebriation while a driver is present, after they enter the vehicle, this means adjust a temperature of the air to be blown out from the blower after the occupant boards the vehicle)
an air duct comprising one end coupled to the alcohol sensor and another end coupled to the blower, the air duct configured to flow the air blown out from the blower toward the alcohol sensor after the occupant boards the vehicle to adjust a temperature of the alcohol sensor to be within a predetermined temperature range for an improve accuracy detection of the alcohol component by the alcohol sensor (see at least Jin, Fig.6, which discloses the breath test device (alcohol sensor) and the air conditioner are directly coupled to one another, along with the control module with moderates all functionality, ¶¶ [0018]-[0019], [0183]-[0184], [0186]-[0188], [0190]-[0198] which discloses the air conditioner of the vehicle configured to discharge air within a predetermined temperature directly into the breath device, which is indicative of the air conditioning being coupled to the blower and alcohol sensor, this means an air duct comprising one end coupled to the alcohol sensor and another end coupled to the blower, the air duct configured to flow the air blown out from the blower toward the alcohol sensor after the occupant boards the vehicle to adjust a temperature of the alcohol sensor to be within a predetermined temperature range for an improve accuracy detection of the alcohol component by the alcohol sensor)
Regarding claim 2, Jin discloses the vehicle according to claim 1, further comprising a temperature sensor configured to perform a detection of a temperature of a vehicle compartment of the vehicle, wherein the blower is configured to adjust the temperature of the air to be blown out from the blower, based on a result of the detection performed by the temperature sensor (see at least Jin, ¶¶[0180]-[0184], [0221]-[0224] which discloses a temperature sensor (detecting the temperature) wherein the blower is configured to adjust the temperature (discharge air above a predetermined temperature) based on the detection result)
Regarding claim 5, Jin discloses the vehicle according to claim 1, further comprising a processor configured to control the vehicle, the processor being configured to allow the vehicle to travel when an amount of the alcohol component is equal to or less than a predetermined amount, and prevent the vehicle from traveling when the amount of the alcohol component is greater than the predetermined amount (see at least Jin, ¶ [0024]-[0025], [0129]-[0130], [0172]-[0173] which discloses the processor determining whether to allow or prevent the vehicle (operating or deactivating and locking the ignition) from traveling when the amount of alcohol component (occupant) is within an acceptable predetermined threshold)
Regarding claim 7, Jin discloses the vehicle according to claim 1, wherein the temperature of the air is adjusted based on a set temperature set by the occupant and a detected temperature of a vehicle compartment of the vehicle (see at least Jin, ¶¶ [0137]-[0138], [0183]-[0186] which discloses manually setting the temperature of the air quality control and predetermined temperature by the user, or system, for example to eighty five degrees)
Regarding claim 9, Jin discloses the vehicle according to claim 1, wherein the alcohol sensor and the air duct are provided inside a dashboard of the vehicle (see at least Fig.1, which discloses the alcohol sensor and air conditioning within the block of the car terminal, typically provided inside a dashboard of the vehicle)
Regarding claim 10, Jin discloses the vehicle according to claim 1, wherein the blower is air conditioner or defroster (see at least Jin, ¶¶ [0118] which discloses wherein the blower is an air conditioner)
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 3-4 under 35 U.S.C. 103 as being unpatentable over Jin in view of Sezanayev Gabriel et al. (US20130285816A1), hereinafter referred to as Gabriel.
Regarding claim 3, Jin discloses the vehicle according to claim 1, further comprising:
wherein the alcohol sensor and the air duct are provided in a space between the outer panel and the inner panel (see at least Jin, ¶¶ [0107]-[0109] which discloses the location of an alcohol sensor within a sensor unit configured to detect an alcohol component (concentration) included in the driver’s breath (respiration) of an occupant of the vehicle; ¶¶ [0180]-[0184] which discloses an air duct configured to flow the air blown from the blower toward the alcohol sensor to sanitize the inside of the device)
Jin is silent on, however, in the same field of endeavor, Gabriel teaches:
an outer panel opposed to outside of the vehicle and an inner panel opposed to a vehicle compartment of the vehicle and having an opening (see at least Gabriel, Fig.1 and 4 which discloses an outer panel opposed to the outside of the vehicle and an inner panel (door) opposed to a vehicle compartment of the vehicle and having an opening, ¶¶ [0019]-[0020] discloses alcohol sensors installed between an opening provided on the inner panel)
the opening is provided on the inner panel at a location corresponding to the alcohol sensor, and couples the vehicle compartment and the space (see at least Gabriel, Fig.1 and 4 which discloses an outer panel opposed to the outside of the vehicle and an inner panel (door) opposed to a vehicle compartment of the vehicle and having an opening, ¶¶ [0019]-[0020] discloses alcohol sensors installed between an opening provided on the inner panel)
It would have been obvious to a person of ordinary skill in the art to modify Jin to include an outer panel opposed to outside of the vehicle and an inner panel opposed to a vehicle compartment of the vehicle and having an opening and the opening is provided on the inner panel at a location corresponding to the alcohol sensor, and couples the vehicle compartment and the space as taught by Jin. The examiner would like to note that some form of sensor regarding measuring alcohol intake is integrated into the overall system of Jin, but not explicitly mentioned, but it is entirely possible (see at least Jin, ¶¶ [0118]-[0119]). Incorporating the teachings of Gabriel into the base device of Jin would allow for further adaptive control and drunk driving prevention as a result of the breath authentication.
Regarding claim 4, Jin is silent on, however, in the same field of endeavor, Gabriel teaches:
The vehicle according to claim 3, wherein the outer panel comprises a panel of an outer surface of a door of the vehicle, and the inner panel comprises a panel of an inner surface of the door of the vehicle (see at least Gabriel, Fig.1 and 4 which discloses an outer panel opposed to the outside of the vehicle and an inner panel (door) opposed to a vehicle compartment of the vehicle and having an opening, ¶¶ [0019]-[0020] discloses alcohol sensors installed between an opening provided on the inner panel)
It would have been obvious to a person of ordinary skill in the art to modify Jin to include the vehicle according to claim 3, wherein the outer panel comprises a panel of an outer surface of a door of the vehicle, and the inner panel comprises a panel of an inner surface of the door of the vehicle as taught by Jin. Incorporating the teachings of Gabriel into the base device of Jin would allow for further adaptive control and drunk driving prevention as a result of the breath authentication.
Regarding claim 6, Jin is silent on, however, in the same field of endeavor, Gabriel teaches: the vehicle according to claim 3, wherein the alcohol sensor is in contact with the inner panel and spaced apart from the outer panel (see at least Gabriel, Fig.1 and 4 which discloses an outer panel opposed to the outside of the vehicle and an inner panel (door) opposed to a vehicle compartment of the vehicle and having an opening, ¶¶ [0019]-[0020] discloses alcohol sensors installed between an opening provided on the inner panel)
It would have been obvious to a person of ordinary skill in the art to modify Jin to include wherein the alcohol sensor is in contact with the inner panel and spaced apart from the outer panel. Incorporating the teachings of Gabriel into the base device of Jin would allow for further adaptive control and drunk driving prevention as a result of the breath authentication.
Regarding claim 8, Jin is silent on, however, in the same field of endeavor, Gabriel teaches: the vehicle according to claim 1, wherein the alcohol sensor and the air duct are provided inside a front pillar of the vehicle (see at least Gabriel, Fig.1 and 4 which discloses an outer panel opposed to the outside of the vehicle and an inner panel (door) opposed to a vehicle compartment of the vehicle and having an opening, ¶¶ [0019]-[0020] discloses alcohol sensors installed between an opening provided on the inner panel)
It would have been obvious to a person of ordinary skill in the art to modify Jin to include the vehicle according to claim 1, wherein the alcohol sensor and the air duct are provided inside a front pillar of the vehicle. Incorporating the teachings of Gabriel into the base device of Jin would allow for further adaptive control and drunk driving prevention as a result of the breath authentication.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRSTEN JADE M SANTOS whose telephone number is (571)272-7442. The examiner can normally be reached Monday: 8:00 am - 4:00 pm, 6:00-8:00 pm (+ with flex).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachid Bendidi can be reached at (571) 272-4896. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIRSTEN JADE M SANTOS/Examiner, Art Unit 3664
/RACHID BENDIDI/Supervisory Patent Examiner, Art Unit 3664