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 .
Priority
Acknowledgment is made of applicant’s claim for priority under 35 U.S.C. 119 (e). The provisional Application No. 63/465,252, filed on 05/10/2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/03/2024 was filed and has been considered by the examiner.
Drawings
The drawings that were filed on 05/07/2024 have been considered by the examiner.
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.
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.
Claim(s) 1-2, 4, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Lisseman et al. (US 20190135325 A1), and herein after will be referred to as Lisseman, in view of Penilla et al. (US 20240105176 A1), herein after will be referred to as Penilla, and in further view of Shahidi et al. (US 20140313482 A1), herein after will be referred to as Shahidi.
Regarding Claim 1, Lisseman teaches a physiological state detection device applied to a transportation vehicle (A system for monitoring an occupant within a vehicle; [0042]), comprising:
a device casing module configured to be disposed on a steering wheel of the transportation vehicle (The OMS is coupled to a central portion of the steering wheel assembly; [0045]);
a signal control module disposed inside the device casing module (A processing unit can be located within the housing; [0066]);
an image capturing module disposed inside the device casing module and electrically connected to the signal control module (An imaging unit in electrical communication with a processing unit for signal analysis; [0041]);
a wireless transmission module disposed inside the device casing module and electrically connected to the signal control module (The output signal can comprise a Wi-Fi signal; [0088]);
an information providing module disposed inside the device casing module and electrically connected to the signal control module (An output signal providing multiple forms of feedback such as light, sound, or vibrations which are all types of information providing modules; [0089]); and
a power supply module disposed inside the device casing module and electrically connected to the signal control module (Wiring the system directly to the steering wheel assembly power source; [0071]);
wherein, when the image capturing module is optionally configured to be used, the image capturing module is allowed to be configured through the signal control module to continuously or discontinuously capture a plurality of facial images of a driver driving the transportation vehicle within a predetermined period, thereby obtaining a plurality of facial image signals respectively corresponding to the facial images of the driver (The imaging unit is configured to capture an image signal of the occupant area including the driver or vehicle occupant; [0050]);
wherein, when the wireless transmission module is optionally configured to be used, the wireless transmission module is allowed to be configured through the signal control module to transmit the facial image signals to an information processing system, thereby obtaining a physiological state signal corresponding to the facial image signals (Analyzing the camera signal to derive physiological responses; [0086]);
wherein, when the wireless transmission module is optionally configured to be used, the wireless transmission module is allowed to be configured through the signal control module to receive the physiological state signal that is obtained through processing by the information processing system (The processor must first determine “receive” a state before it can output a signal based on the state; [0087]);
wherein, when the power supply module is optionally configured to be used, the power supply module is allowed to be configured through the signal control module to supply power to the signal control module, the image capturing module, the wireless transmission module and the information providing module (The power is routed via processors (signal control module) to the other components of the system; [0113]);
Lisseman does not explicitly teach wherein, when the information providing module is optionally configured to be used, the information providing module is allowed to be configured through the signal control module to present the physiological state signal for reference by relevant personnel (Adjustments to the vehicle’s settings based on the driver’s state, which is a method of presenting the information; [0011]);
However, Penilla, in a similar field of endeavor teaches that the vehicle generates a response to the mood of the driver by making an adjustment to the setting of the vehicle where the response can make the driver calmer or reduce distractions. This teaching is equivalent to the information providing module presenting the physiological state signal relevant to the personnel.
Lisseman and Penilla are considered to be analogous to the claim invention because they are in the same field of vehicle occupant monitoring systems. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Lisseman to incorporate the teachings of adjusting a vehicle’s settings based on the mood of the driver as taught by Penilla based on the motivation to improve the analysis of image data by leveraging cloud processing and provide better feedback to the occupant.
Lisseman and Penilla does not explicitly teach wherein each of the facial images of the driver includes at least one scleral image with microvascular characteristics or at least one eyelid image with microvascular characteristics.
However, Shahidi, in a similar field of endeavor teaches a method to measure the human eye conjunctiva blood vessel diameter, velocity, and flow rate by analyzing images of the bulbar conjunctival microvasculature [0008]. This is equivalent to the claim limitation of a scleral image with microvascular characteristics because the conjunctiva is a transparent membrane covering the sclera and imaging is functionally identical to the microvascular characteristics.
Lisseman, Penilla, and Shahidi are considered to be analogous to the claim invention because they are in the same field of monitoring human physiological states using sensor data. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Lisseman and Penilla to incorporate the teachings of measuring the conjunctiva blood vessel diameter, velocity, and flow rate through image analysis of the bulbar conjunctival microvasculature as taught by Shahidi based on the motivation to improve the accuracy and reliability of the physiological monitoring function of the system.
Regarding Claim 2, Lisseman, Penilla, and Shahidi remains as applied above in claim 1. Lisseman further teaches the physiological state detection device further comprises an electrical connector module disposed inside the device casing module and electrically connected to the signal control module (Electrical connectors as part of the system, located on the housing and connected to the core components; [0100]);
wherein, when the electrical connector module is optionally configured to be used, the electrical connector module is allowed to be configured through the signal control module to communicate with an external system in a wired manner (Using connectors and a clock spring to electrically couple the imaging and processing units; [0096]);
wherein the physiological state detection device further comprises an automatic light supplement module disposed inside the device casing module and electrically connected to the signal control module, and the automatic light supplement module includes an ambient light detector and a light-filling component (The processing unit is configured to adjust the intensity of a light source based on ambient lighting conditions; [0054]);
wherein, when the ambient light detector is optionally configured to be used, the ambient light detector is allowed to be configured through the signal control module to detect an ambient light around the driver, thereby obtaining ambient light information (The intensity of the light source may be altered to compensate for ambient light; [0086]);
wherein, when the light-filling component is optionally configured to be used, the light-filling component is allowed to be configured through the signal control module to determine whether to provide a predetermined invisible light to the driver based on whether the ambient light information meets a predetermined requirement (The light source can comprise an infrared light source; [0053]);
wherein the physiological state detection device further comprises a biometric module disposed inside the device casing module and electrically connected to the signal control module, and the biometric module is configured as an iris recognition module, a sclera recognition module, a palmprint recognition module, a fingerprint recognition module or a facial recognition module (The system can determine occupant identification features as a facial recognition module; [0085]);
wherein, when the biometric module is configured as the iris recognition module or the sclera recognition module, the iris recognition module or the sclera recognition module is allowed to be configured through the signal control module to capture at least one iris image or sclera image of the driver, thereby identifying whether the driver is qualified to use the physiological state detection device (The system is configured to analyze the occupants eye movements and position; [0085]); wherein, when the biometric module is configured as the facial recognition module, the facial recognition module is allowed to be configured through the signal control module to capture at least one facial image of the driver, thereby identifying whether the driver is qualified to use the physiological state detection device (The camera system determines the occupant’s identification features by analyzing the head and eyes. This identifies the driver for qualification; [0085]).
Lisseman does not explicitly teach wherein, when the biometric module is configured as the fingerprint recognition module or the palmprint recognition module, the fingerprint recognition module or the palmprint recognition module is allowed to be configured through the signal control module to capture at least one fingerprint image or palmprint image of the driver, thereby identifying whether the driver is qualified to use the physiological state detection device.
However, Penilla teaches that fingerprint readers may be integrated into the electronics of the vehicle and perform an analysis of the fingerprints for matching and identification purposes [0166]. This teaching is equivalent to a fingerprint recognition to identify the driver to determine whether the driver is qualified to use the physiological state detection device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Lisseman to incorporate the teachings of a fingerprint reader for identification and matching purposes as taught by Penilla based on the motivation to improve the identification verification method by capturing the unique finger prints of the occupant.
Regarding Claim 4, Lisseman, Penilla, and Shahidi remains as applied above in claim 1. Lisseman further teaches wherein, when the wireless transmission module is optionally configured to be used, the wireless transmission module is allowed to be configured through the signal control module to transmit the physiological state signal to a near-end information providing module adjacent to the driver (Sending the occupant state signal wirelessly to another vehicle system, which is considered as a near-end module; [0088]).
Lisseman does not explicitly teach the information providing module is optionally configured to be used, the information providing module is allowed to be configured as an information display for displaying the physiological state signal, so that the information display is allowed to be configured to visually present the physiological state signal; the near-end information providing module is optionally configured to be used, the near-end information providing module is allowed to be configured as a near-end information display for displaying the physiological state signal, so that the near-end information display is allowed to be configured to visually present the physiological state signal; wherein, when the information processing system is configured to transmit the physiological state signal to a remote information providing module away from the driver, the remote information providing module is allowed to be configured as a remote information display for displaying the physiological state signal, so that the remote information display is allowed to be configured to visually present the physiological state signal.
However, Penilla teaches the vehicle comprises a dashboard and center console screens to visually provide information based on the physiological state [0040]. Penilla further teaches different sensed moods where the vehicle can display metrics and feedback on the GUI based on the mood detected [0151]-[0153]. This teaching is equivalent to the claimed limitation of the information providing module visually present the physiological state because the vehicle display is configured to provide information that visually presents the physiological state of the occupant. Penilla further teaches sending vehicle and user data to a cloud processing server for a user account [0014]. This is equivalent to the claimed limitation because the server is a remote information providing module away from the driver and a user could access their account information from a remote information display. It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to modify Lisseman to incorporate the teachings of the vehicle display configured to provide information that visually presents the physiological state detected and transmitting the data to the server for access on a remote information providing module as taught by Penilla based on the motivation to provide visual feedback and awareness to the driver or occupant. This provides the benefit of informing the driver of their detected state through the display of the vehicle or remote information device.
Regarding Claim 8, Lisseman teaches a physiological state detection device (A system for detecting an occupant’s state, which includes physiological state; [0041]), comprising:
a device casing module (The monitoring system is located within a housing; [0064]);
a signal control module disposed inside the device casing module (The processing unit can be located within the housing; [0066]);
an image capturing module disposed inside the device casing module and electrically connected to the signal control module (An imaging unit in electrical communication with a processing unit for signal analysis; [0041]); and
an information providing module disposed inside the device casing module and electrically connected to the signal control module (The OMS contains components to provide feedback such as light and sound; [0089]);
wherein, when the image capturing module is optionally configured to be used, the image capturing module is allowed to be configured through the signal control module to continuously or discontinuously capture a plurality of facial images of a driver within a predetermined period (The imaging unit is configured to capture an image signal of the occupant area including the driver or vehicle occupant; [0050]);
Lisseman does not explicitly teach wherein, when the information providing module is optionally configured to be used, the information providing module is allowed to be configured through the signal control module to present a physiological state signal corresponding to the facial images.
However, Penilla teaches the vehicle comprises a dashboard and center console screens to visually provide information based on the physiological state [0040]. Penilla further teaches different sensed moods where the vehicle can display metrics and feedback on the GUI based on the mood detected [0151]-[0153]. This teaching is equivalent to the claimed limitation of the information providing module configured to present the physiological state because the vehicle display is configured to provide information that presents the physiological state of the occupant. It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to modify Lisseman to incorporate the teachings of the vehicle display configured to provide information that presents the physiological state detected as taught by Penilla based on the motivation to provide visual feedback and awareness to the driver or occupant.
Lisseman and Penilla does not explicitly teach wherein each of the facial images of the driver includes at least one scleral image with microvascular characteristics or at least one eyelid image with microvascular characteristics.
However, Shahidi, in a similar field of endeavor teaches a method to measure the human eye conjunctiva blood vessel diameter, velocity, and flow rate by analyzing images of the bulbar conjunctival microvasculature [0008]. This is equivalent to the claim limitation of a scleral image with microvascular characteristics because the conjunctiva is a transparent membrane covering the sclera and imaging is functionally identical to the microvascular characteristics.
Lisseman, Penilla, and Shahidi are considered to be analogous to the claim invention because they are in the same field of monitoring human physiological states using sensor data. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Lisseman and Penilla to incorporate the teachings of measuring the conjunctiva blood vessel diameter, velocity, and flow rate through image analysis of the bulbar conjunctival microvasculature as taught by Shahidi based on the motivation to improve the accuracy and reliability of the physiological monitoring function of the system.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Lisseman in view of Penilla, and in view of Shahidi, as applied in claim 1, and in further view of Miller et al. (US 20060175549 A1), herein after will be referred to as Miller.
Regarding Claim 3, Lisseman, Penilla, and Shahidi remains as applied above in claim 1. Lisseman further teaches wherein the steering wheel of the transportation vehicle has a central portion and a peripheral portion surrounding the central portion (A steering wheel with a central hub (central portion) and a surrounding rim (peripheral position); [0044]);
wherein the device casing module includes a casing structure, and the casing structure is disposed on the central portion or the peripheral portion of the steering wheel in an external or embedded manner (The OMS is in a housing (casing structure) on the central portion (hub); [0045]);
wherein the image capturing module includes an angle-adjustable lens structure, and the angle-adjustable lens structure is configured to manually or automatically adjust an image capturing angle relative to the driver (Adjusting the imaging unit by rotating or zooming; [0090]);
wherein, when the image capturing module is optionally configured to be used, the image capturing module is allowed to be configured through the signal control module to manually or automatically adjust the image capturing angle of the angle-adjustable lens structure relative to the driver, until the facial image of the driver is completely captured by the image capturing module (Adjusting the system to account for changes in geometry and account for angle of rotation of the steering wheel assembly between the imaging unit and driver or occupant; [0092]);
wherein the physiological state signal includes heart rate, blood pressure, blood oxygen, lactate, blood sugar, sleepiness and alcohol concentration (Occupant’s state includes occupants physical conditions and electrocardial activity and rates; [0086]);
Lisseman and Penilla does not explicitly teach the number of the facial images obtained by the image capturing module within the predetermined period exceeds a predetermined value, thereby obtaining blood flow changes or spectral changes in capillaries of the driver's scleras or eyelids.
However, Shadhidi teaches measuring the velocity of red blood cells (a blood flow change) by tracking the movement of the blood cells along a vessel. Furthermore, the tracking of cells was done by following the movement across a series of image frames over time [0081]. This is equivalent to the claimed limitation because the tracking of blood flow change is done over a series of images. It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to modify Lisseman and Penilla to incorporate the teachings of tracking the movement of blood cells across a series of image frames over time to obtain the blood flow change as taught by Shadhidi based on the motivation to improve the accuracy of the physiological monitoring function of the system.
The prior art combination does not explicitly teach wherein the image capturing module includes at least one lower pixel facial image capturer and at least one higher pixel eye image capturer, and the at least one lower pixel facial image capturer is configured to confirm an eye position range of the driver to obtain eye position information, and the at least one higher pixel eye image capturer is configured to quickly and accurately capture the at least one scleral image or the at least one eyelid image of the driver based on the eye position information provided by the at least one lower pixel facial image capturer.
However, Miller teaches a dual-camera system that provides wide and narrow fields of view for situational awareness and recognition changes [0046]. The wide field of view camera provides situational awareness which provides the general position of a target (eye) and is analogous to a lower-resolution facial capturer, while a narrow field of view camera provides long detection or recognition ranges for accurately capturing specific features (scleral or eyelid image) and is analogous to a higher resolution eye capturer.
Lisseman, Penilla, Shahidi, and Miller are considered to be analogous to the claim invention because they are in the same field of imaging systems. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Lisseman, Penilla, and Shahidi to incorporate the teachings of a dual-camera system that provides wide and narrow fields of view as taught by Miller based on the motivation to improve the accuracy of the detection system by providing a low resolution camera to track the general position of the eye and a high resolution camera to accurately capture a scleral or eyelid image.
Claim 5 and 10 is rejected under 35 U.S.C. 103 as being unpatentable over Lisseman in view of Penilla, and in view of Shahidi, as applied in claim 1, and in further view of Busiashvili et al. (US 12089957 B1), herein after will be referred to as Busiashvili.
Regarding Claim 5, Lisseman, Penilla, and Shahidi remains as applied above in claim 1. Lisseman further teaches wherein, when the wireless transmission module is optionally configured to be used, the wireless transmission module is allowed to be configured through the signal control module to transmit the physiological state signal to a near-end information providing module adjacent to the driver (Sending the occupant state signal to another vehicle system, which is considered as a near-end module; [0088]).
Lisseman does not explicitly teach wherein, when the near-end information providing module is optionally configured to be used, the near-end information providing module is allowed to be configured as a temperature regulator for generating different temperatures based on changes in the physiological state signal, so that the temperature regulator is allowed to be configured to present the physiological state signal through body sensing.
However, Penilla discloses that the system can provide feedback to the user based on the detected state of the occupant and ask “Would you like me to open the windows for some fresh air?” and if no passenger is present and the driver does not respond, the system will turn the air conditioning on to stimulate the driver [00148]. This teaching is equivalent to the claimed limitation as the near-end information providing module is configured as a temperature regulator for generating different temperatures based on the changes in the physiological state because the system responds by turning on the air conditioning to stimulate a driver based on an unresponsive physiological state. It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to modify Lisseman to incorporate the teachings of turning on the air conditioning to stimulate the driver when the driver fails to respond as taught by Penilla based on the motivation to trigger the unresponsive driver from the detected physiological state. This provides the benefit of proactively identifying a potentially dangerous situation and stimulate the driver to become attentive to the road.
Lisseman, Penilla, and Shahidi does not explicitly teach the information providing module is optionally configured to be used, the information providing module is allowed to be configured as an information projector for projecting the physiological state signal to a predetermined area, so that the information projector is allowed to be configured to visually present the physiological state signal;
wherein, when the near-end information providing module is optionally configured to be used, the near-end information providing module is allowed to be configured as a near-end information projector for projecting the physiological state signal to a predetermined area, so that the near-end information projector is allowed to be configured to visually present the physiological state signal;
wherein, when the near-end information providing module is optionally configured to be used, the near-end information providing module is allowed to be configured as an aroma generator for generating different aromas based on changes in the physiological state signal, so that the aroma generator is allowed to be configured to present the physiological state signal in a smellable manner.
However, Busiashvili discloses a system that diagnosis a pulseless condition of the driver where a vehicle display can be a heads-up-display to show a message to the driver (Col 3 lines 59-62). Busiashvili further teaches that an alert can be provided on a visual display screen or the heads-up display when a pulseless condition exceeds a second pre-determined time interval (Col 5-6 lines 60-2). This teaching is equivalent to the claimed limitations projecting the physiological state signal to a predetermined area to visually present the physiological state signal because the detection of a pulseless condition, a physiological state, triggers the alert to be projected to the occupant. Furthermore, Busiashvili teaches that, upon detection of a pulseless condition exceeding the second pre-determined time interval, the vehicle can dispense an inhalant medication, such as ammonia vapor, within the vehicle cabin to reverse the pulseless condition of the driver (Col 4 lines 1-13). This teaching is equivalent to the claimed limitation of an aroma generator for generating different aromas based on the physiological state because the detection of a pulseless condition, a physiological state, triggers the release of an ammonia inhalant, which is a type of aroma.
Lisseman, Penilla, Shahidi, and Busiashvili are considered to be analogous to the claim invention because they are in the same field of monitoring physiological states. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Lisseman, Penilla, and Shahidi to incorporate the teachings of a heads up display to project the physiological states and dispensing an inhalant medication within the cabin of the vehicle as taught by Busiashvili based on the motivation to provide the physiological state information directly to the driver within the line of sight on the road and the attempt to reverse the pulseless condition of a driver by releasing an ammonia inhalant. This provides the benefit of a user-friendly method to display the detected physiological state to the driver without take the eyes off the road and the attempt to stimulate the driver.
Regarding Claim 10, Lisseman, Penilla, and Shahidi remains as applied above in claim 1. Lisseman further teaches configuring a physiological state detection device on a steering wheel of a transportation vehicle (The monitoring system directly onto a rotatable part of the steering wheel; [0015]);
identifying an identity of a driver driving the transportation vehicle through a biometric module of the physiological state detection device (Occupant’s identification features are determined by analyzing the face and eyes; [0085]);
processing the facial images by an information processing system, thereby obtaining a physiological state signal corresponding to the facial images (The OMS processes images to determine the occupant’s state; [0041]); and
presenting the physiological state signal by an information providing module of the physiological state detection device for reference by relevant personnel (An output signal based on the determined occupant state to the OMS; [0015]);
wherein, when the information providing module is allowed to be configured as a sound player for playing the physiological state signal, the sound player is allowed to be configured to audibly present the physiological state signal (The system can play a sound as a form of feedback; [0089]);
wherein, when the information providing module is allowed to be configured as a vibration generator for generating different vibration frequencies based on changes in the physiological state signal, the vibration generator is configured to tangibly present the physiological state signal (The system can provide vibration via haptic feedback device; [0089]).
Lisseman does not explicitly teach the information providing module is allowed to be configured as an information display for displaying the physiological state signal, the information display is allowed to be configured to visually present the physiological state signal.
However, Penilla teaches the vehicle comprises a dashboard and center console screens to visually provide information based on the physiological state [0040]. Penilla further teaches different sensed moods where the vehicle can display metrics and feedback on the GUI based on the mood detected [0151]-[0153]. This teaching is equivalent to the claimed limitation of the information providing module visually present the physiological state because the vehicle display is configured to provide information that visually presents the physiological state of the occupant. It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to modify Lisseman to incorporate the teachings of the vehicle display configured to provide information that visually presents the physiological state detected as taught by Penilla based on the motivation to provide visual feedback and awareness to the driver or occupant. This provides the benefit of informing the driver of their detected state through the display of the vehicle.
Lisseman and Penilla does not explicitly teach continuously or discontinuously capturing a plurality of facial images of the driver within a predetermined period by an image capturing module of the physiological state detection device, thereby obtaining blood flow changes or spectral changes in capillaries of the driver's scleras or eyelids.
However, Shadhidi teaches measuring the velocity of red blood cells (a blood flow change) by tracking the movement of the blood cells along a vessel. Furthermore, the tracking of cells was done by following the movement across a series of image frames over time [0081]. This is equivalent to the claimed limitation because the tracking of blood flow change is done over a series of images. It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to modify Lisseman and Penilla to incorporate the teachings of tracking the movement of blood cells across a series of image frames over time to obtain the blood flow change as taught by Shadhidi based on the motivation to improve the accuracy of the physiological monitoring function of the system.
Lisseman, Penilla, and Shahidi does not explicitly teach the information providing module is allowed to be configured as an information projector for projecting the physiological state signal to a predetermined area, the information projector is allowed to be configured to visually present the physiological state signal.
However, Busiashvili discloses a system that diagnosis a pulseless condition of the driver where a vehicle display can be a heads-up-display to show a message to the driver (Col 3 lines 59-62). Busiashvili further teaches that an alert can be provided on a visual display screen or the heads-up display when a pulseless condition exceeds a second pre-determined time interval (Col 5-6 lines 60-2). This teaching is equivalent to the claimed limitations projecting the physiological state signal to a predetermined area to visually present the physiological state signal because the detection of a pulseless condition, a physiological state, triggers the alert to be projected to the occupant.
Claim 6 and 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lisseman in view of Penilla, and in view of Shahidi, as applied in claim 1, and in further view of Lu et al. (US 11433906 B2), herein after will be referred to as Lu.
Regarding Claim 6, Lisseman, Penilla, and Shahidi remains as applied above in claim 1. Lisseman further teaches wherein, when the information providing module is optionally configured to be used, the information providing module is allowed to be configured as a sound player for playing the physiological state signal, so that the sound player is allowed to be configured to audibly present the physiological state signal (An output signal includes instructions for the OMS to play a sound; [0089]);
wherein, when the wireless transmission module is optionally configured to be used, the wireless transmission module is allowed to be configured through the signal control module to transmit the physiological state signal to a near-end information providing module adjacent to the driver (The output signal can be output via wireless transmission, such as Wi-Fi or the like, to another vehicle system to provide information about the occupant’s state; [0088]);
wherein, when the near-end information providing module is optionally configured to be used, the near-end information providing module is allowed to be configured as a near-end sound player for playing the physiological state signal, so that the near-end sound player is allowed to be configured to audibly present the physiological state signal (The output signal includes instructions for another vehicle system to play a sound; [0089]).
Lisseman, Penilla, and Shahidi does not explicitly teach the information processing system is configured to transmit the physiological state signal to a remote information providing module away from the driver, the remote information providing module is allowed to be configured as a remote sound player for playing the physiological state signal, so that the remote sound player is allowed to be configured to audibly present the physiological state signal.
However, Lu teaches a driver monitoring system that monitors the driver by using cameras and can generate an alert or warning to a remote system or control remote from the vehicle if the system determines a health issue with the driver (Col 3 lines 26-30). Furthermore, if abnormal heart conditions exceed a predetermine threshold, the system can generate an alert to a medical facility or service depending on the severity of the detected change (Col 4 lines 38-49). It is well-known that for an emergency alert to be effective at a remote location like a medical facility, the alert is an audible component such as a siren, chime, or synthesized voice. This teaching is equivalent to the claimed limitation because the system transmits the alert to a remote location away from the driver.
Lisseman, Penilla, Shahidi, and Lu are considered to be analogous to the claim invention because they are in the same field of monitoring physiological states. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Lisseman, Penilla, and Shahidi to incorporate the teachings of transmitting an alert or warning to a remote system, such as a medical facility or service, when abnormal heart conditions are detected as taught by Lu based on the motivation to provide medical assistance to the driver. This provides the benefit of an automated system to alert services to attend to the driver when the driver may not be capable of calling for help.
Regarding Claim 7, Lisseman, Penilla, and Shahidi remains as applied above in claim 1. Lisseman further teaches the information providing module is allowed to be configured as a vibration generator for generating different vibration frequencies based on changes in the physiological state signal, so that the vibration generator is configured to tangibly present the physiological state signal (The OMS provides tactile feedback to the driver via haptic feedback device; [0089]);
wherein, when the wireless transmission module is optionally configured to be used, the wireless transmission module is allowed to be configured through the signal control module to transmit the physiological state signal to a near-end information providing module adjacent to the driver (The output signal can be wirelessly transmitted to another vehicle system to provide information about the occupant’s state; [0088]);
wherein, when the near-end information providing module is optionally configured to be used, the near-end information providing module is allowed to be configured as a near-end vibration generator for generating different vibration frequencies based on changes in the physiological state signal, so that the near-end vibration generator is allowed to be configured to tangibly present the physiological state signal (The haptic feedback device can be disposed within the rim or hub of the steering wheel assembly; [0089]);
Lisseman, Penilla, and Shahidi does not explicitly teach wherein, when the information processing system is configured to transmit the physiological state signal to a remote information providing module away from the driver, the remote information providing module is allowed to be configured as a remote vibration generator for generating different vibration frequencies based on changes in the physiological state signal, so that the remote vibration generator is allowed to be configured to tangibly present the physiological state signal.
However, Lu teaches a driver monitoring system that monitors the driver by using cameras and can generate an alert or warning to a remote system or control remote from the vehicle if the system determines a health issue with the driver (Col 3 lines 26-30). Furthermore, if abnormal heart conditions exceed a predetermine threshold, the system can generate an alert to a remote server or device located remotely from the vehicle and can be transmitted to a medical facility or service depending on the severity of the detected change (Col 4 lines 38-49). It is well-known that for an emergency alert to be effective at a remote location like a medical facility or a personal device, the alert is commonly understood be multi-modal to use a combination of audible, visual, and tactile (vibration) notification to ensure that the alert is received on the remote alert device (pagers, smartphones, dispatch consoles). This teaching is equivalent to the claimed limitation because the system transmits the alert to a remote location away from the driver. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to modify Lisseman, Penilla, and Shahidi to incorporate the teachings of transmitting an alert or warning to a remote system, such as a medical facility or service, when abnormal heart conditions are detected as taught by Lu based on the motivation to inform emergency medical services to provide medical assistance to the driver. This provides the benefit of an automated system to alert services to attend to the driver when the driver may not be capable of calling for help.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lisseman in view of Penilla, in view of Shahidi, as applied in claim 8, in view of Miller, and in further view of Busiashvili.
Regarding Claim 9, Lisseman, Penilla, and Shahidi remains as applied above in claim 8. Lisseman further teaches the physiological state detection device further comprises an electrical connector module disposed inside the device casing module and electrically connected to the signal control module (Electrical connectors as part of the system, located on the housing and connected to the core components; [0100]);
wherein, when the electrical connector module is optionally configured to be used, the electrical connector module is allowed to be configured through the signal control module to communicate with an external system in a wired manner (Using connectors and a clock spring to electrically couple the imaging and processing units; [0096]);
wherein the physiological state detection device further comprises an automatic light supplement module disposed inside the device casing module and electrically connected to the signal control module, and the automatic light supplement module includes an ambient light detector and a light-filling component (The processing unit is configured to adjust the intensity of a light source based on ambient lighting conditions; [0054]);
wherein, when the ambient light detector is optionally configured to be used, the ambient light detector is allowed to be configured through the signal control module to detect an ambient light around the driver, thereby obtaining ambient light information (The intensity of the light source may be altered to compensate for ambient light; [0086]);
wherein, when the light-filling component is optionally configured to be used, the light-filling component is allowed to be configured through the signal control module to determine whether to provide a predetermined invisible light to the driver based on whether the ambient light information meets a predetermined requirement (The light source can comprise an infrared light source; [0053]);
wherein the physiological state detection device further comprises a biometric module disposed inside the device casing module and electrically connected to the signal control module, and the biometric module is configured as an iris recognition module, a sclera recognition module, a palmprint recognition module, a fingerprint recognition module or a facial recognition module (The system can determine occupant identification features as a facial recognition module; [0085]);
wherein, when the biometric module is configured as the iris recognition module or the sclera recognition module, the iris recognition module or the sclera recognition module is allowed to be configured through the signal control module to capture at least one iris image or sclera image of the driver, thereby identifying whether the driver is qualified to use the physiological state detection device (The system is configured to analyze the occupants eye movements and position; [0085]);
wherein, when the biometric module is configured as the facial recognition module, the facial recognition module is allowed to be configured through the signal control module to capture at least one facial image of the driver, thereby identifying whether the driver is qualified to use the physiological state detection device (The camera system determines the occupant’s identification features by analyzing the head and eyes. This identifies the driver for qualification; [0085]);
wherein the image capturing module includes an angle-adjustable lens structure, and the angle-adjustable lens structure is configured to manually or automatically adjust an image capturing angle relative to the driver (Adjusting the imaging unit by rotating or zooming; [0090]);
wherein, when the image capturing module is optionally configured to be used, the image capturing module is allowed to be configured through the signal control module to manually or automatically adjust the image capturing angle of the angle-adjustable lens structure relative to the driver, until the facial image of the driver is completely captured by the image capturing module (Adjusting the system to account for changes in geometry and account for angle of rotation of the steering wheel assembly between the imaging unit and driver or occupant; [0092]);
wherein the physiological state signal includes heart rate, blood pressure, blood oxygen, lactate, blood sugar, sleepiness and alcohol concentration (Occupant’s state includes occupants physical conditions and electrocardial activity and rates; [0086])
wherein, when the information providing module is allowed to be configured as a sound player for playing the physiological state signal, the sound player is allowed to be configured to audibly present the physiological state signal (The system can play a sound as a form of feedback; [0089]);
wherein, when the information providing module is allowed to be configured as a vibration generator for generating different vibration frequencies based on changes in the physiological state signal, the vibration generator is configured to tangibly present the physiological state signal (The system can provide vibration via haptic feedback device; [0089]);
wherein when the physiological state detection device is allowed to be configured to be electrically connected to an information processing system, the information processing system is allowed to be configured to process the facial images, thereby obtaining the physiological state signal corresponding to the facial images (An imaging unit in electrical communication with a processing unit that processes the image signal to determine the state; [0041]).
Lisseman does not explicitly teach wherein, when the biometric module is configured as the fingerprint recognition module or the palmprint recognition module, the fingerprint recognition module or the palmprint recognition module is allowed to be configured through the signal control module to capture at least one fingerprint image or palmprint image of the driver, thereby identifying whether the driver is qualified to use the physiological state detection device; wherein, when the information providing module is allowed to be configured as an information display for displaying the physiological state signal, the information display is allowed to be configured to visually present the physiological state signal.
However, Penilla teaches that fingerprint readers may be integrated into the electronics of the vehicle and perform an analysis of the fingerprints for matching and identification purposes [0166]. This teaching is equivalent to a fingerprint recognition to identify the driver to determine whether the driver is qualified to use the physiological state detection device. Penilla further teaches the vehicle comprises a dashboard and center console screens to visually provide informa