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
This Office Action is in response to communications filed November 28, 2025. Claims 1, 4, 5, 9, 12, 13 and 15 have been amended. Claims 1-15 are currently pending.
Claim Rejections - 35 USC § 112
All previous 35 USC § 112 rejections have been overcome by Applicant.
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.
Claim(s) 1 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (Kim; US Pub No. 2015/0328985 A1) in view of Kim et al. (Kim; US Pub No. 2009/0153499 A1).
As per claim 1, Kim (2015/0328985) a method for controlling a driver monitoring system, the method
comprising:
detecting a user (paragraph [0051], lines 8-9);
obtaining sensing data, which is an analog signal, for the detected user (paragraph [0051], lines 10-13; paragraph [0104], lines 1-4)… and
generating and transmitting a first vehicle control signal (paragraph [0021]) based on the converted sensing data (paragraph [0104], lines 1-4; paragraph [0192]),
wherein the sensing data is obtained through at least one contact sensor provided in a
vehicle (paragraph [0104]).
Kim (2015/0328985) does not expressly teach converting the sensing data into a digital signal when a difference between the sensing data and predetermined reference data is equal to or greater than a threshold value.
Kim (2009/0153499) teaches converting the sensing data into a digital signal when a difference between the sensing data and predetermined reference data is equal to or greater than a threshold value (paragraph [0062]).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the data processing as taught by Kim (2009/0153499), since Kim (2009/0153499) states in paragraph [0018] that such a modification would result in recognizing a touch action by a user on an object.
As per claim 15, (see rejection of claim 1 above) an apparatus for controlling a driver monitoring system, the apparatus comprising:
a sensor portion configured to detect a user and obtains sensing data, which is an analog
signal, for the detected user; and
a processor configured to, when a difference between the sensing data and
predetermined reference data is equal to or greater than a threshold value, convert the sensing
data into a digital signal and generate and transmit a vehicle control signal based on the
converted sensing data,
wherein the sensing data is obtained through at least one contact sensor provided in a
vehicle.
Claim(s) 2, 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (2015/0328985) in view of Kim (2009/0153499) as applied to claim 1 above, and further in view of Zwier et al. (Zwier; US Patent No. 10,614,694 B1).
As per claim 2, Kim (2015/0328985) in view of Kim (2009/0153499) teaches the method of claim 1.
Kim (2015/0328985) in view of Kim (2009/0153499) does not expressly wherein the at least one contact sensor is formed using a fabric electronic yarn.
Zwier teaches wherein the at least one contact sensor is formed using a fabric electronic yarn (col. 39, lines 46-49).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the smart fabric as taught by Zwier, since Zwier states in column 2, lines 52-55 that such a modification would result in placing tactile sensors within a vehicle which are easily accessible by a driver.
As per claim 13, Kim (2015/0328985) in view of Kim (2009/0153499), and further in view of Zwier, further teaches the method of claim 2, wherein the at least one contact sensor is built in at least one of a start button of the vehicle, a button built in the vehicle, or a button on a vehicle remote control device (Kim (2015/0328985), paragraph [0104]: a button built in the vehicle).
As per claim 14, Kim (2015/0328985) in view of Kim (2009/0153499), and further in view of Zwier, further teaches the method of claim 13, wherein the at least one contact sensor includes at least one of a first sensor of a first wavelength for measuring oxygen saturation, a second sensor of a second wavelength for measuring ethanol concentration, or a third sensor of a third wavelength for measuring pulse wave (Zwier, col. 37, lines 37-49: oxygen saturation).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (2015/0328985) in view of Kim (2009/0153499) and Zwier as applied to claim 2 above, and further in view of Nagashima et al. (Nagashima; US Pub No. 2020/0262452 A1)
As per claim 3, Kim (2015/0328985) in view of Kim (2009/0153499) and Zwier teaches the method of claim 2.
Kim (2015/0328985) in view of Kim (2009/0153499) and Zwier does not expressly teach wherein the at least one contact sensor is built on a handle of the vehicle.
Nagashima teaches wherein the at least one contact sensor is built on a handle of the vehicle (paragraph [0042], lines 3-5).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the contact sensor within a vehicle handle as taught by Nagashima, in order to monitor a driver’s contact with a steering component of a vehicle.
Claim(s) 4-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (2015/0328985) in view of Kim (2009/0153499), Zwier and Nagashima as applied to claim 3 above, and further in view of Cross (US Pub No. 2009/0156915 A1).
As per claim 4, Kim (2015/0328985) in view of Kim (2009/0153499), Zwier and Nagashima teaches the method of claim 3.
Kim (2015/0328985) in view of Kim (2009/0153499), Zwier and Nagashima does not expressly teach wherein the at least one contact sensor is disposed on the handle of the vehicle at predetermined intervals and disposed in an area other than an extended portion of a frame of the handle.
Cross teaches wherein the at least one contact sensor is disposed on the handle of the vehicle at predetermined intervals and disposed in an area other than an extended portion of a frame of the handle (Fig. 1, Steering Wheel 20, Sensors 30).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the sensor configuration as taught by Cross, since Cross states that such a modification would result in monitoring a driver condition while the driver is contact with any portion of the steering wheel.
As per claim 5, Kim (2015/0328985) in view of Kim (2009/0153499), Zwier and Nagashima, and further in view of Cross, further teaches the method of claim 3, wherein the at least one contact sensor includes a plurality of sensors (Cross, Fig. 1, Sensors 30), light receivers (Cross, paragraph [0014]), and signal generators (Zwier, col. 7, lines 43-44).
As per claim 6, Kim (2015/0328985) in view of Kim (2009/0153499), Zwier and Nagashima, and further in view of Cross, further teaches the method of claim 5, wherein the plurality of sensors includes one Mid- Infrared (MIR) sensor (Cross, paragraph [0051], line 17), one Near-Infrared (NIR) sensor (Cross, paragraph [0051], lines 14-15), and a sensor generating a first wavelength (Zwier, col. 37, lines 37-49).
As per claim 7, Kim (2015/0328985) in view of Kim (2009/0153499), Zwier and Nagashima, and further in view of Cross, further teaches the method of claim 5, wherein the plurality of sensors includes one MIR sensor (Cross, paragraph [0051], line 17), one NIR sensor (Cross, paragraph [0051], lines 14-15), a sensor generating a first wavelength (Zwier, col. 37, lines 37-49), and a sensor generating a second wavelength (Zwier, col. 90, lines 22-38).
As per claim 8, Kim (2015/0328985) in view of Kim (2009/0153499), Zwier and Nagashima, and further in view of Cross, further teaches the method of claim 5, wherein the plurality of sensors includes one IR sensor (Cross, paragraph [0014]), a sensor generating a first wavelength (Zwier, col. 37, lines 37-49) and a sensor generating a second wavelength (Zwier, col. 90, lines 22-38).
As per claim 9, Kim (2015/0328985) in view of Kim (2009/0153499), Zwier and Nagashima, and further in view of Cross, further teaches the method of claim 4, wherein the at least one contact sensor disposed on the handle has different configurations and placement intervals of each sensor according to a placement area (Cross, Fig. 1, Sensors 30).
As per claim 10, Kim (2015/0328985) in view of Kim (2009/0153499), Zwier and Nagashima, and further in view of Cross, further teaches the method of claim 5, wherein the plurality of sensors includes at least one of a first sensor of a first wavelength for measuring oxygen saturation (Zwier, col. 37, lines 37-49), a second sensor of a second wavelength for measuring ethanol concentration (Cross, paragraphs [0014], [0016]), and a third sensor of a third wavelength for measuring pulse wave (Zwier, col. 90, lines 22-38).
As per claim 11, Kim (2015/0328985) in view of Kim (2009/0153499), Zwier and Nagashima, and further in view of Cross, further teaches the method of claim 4, further comprising:
monitoring whether an access signal is sensed in the vehicle (Kim (2015/0328985), paragraph [0262]).
As per claim 12, Kim (2015/0328985) in view of Kim (2009/0153499), Zwier and Nagashima, and further in view of Cross, further teaches the method of claim 11, further comprising:
as a result of the monitoring, when the access signal is sensed in the vehicle, and the
sensing data is not obtained for a predefined time from the at least one contact sensor disposed on the handle of the vehicle at the predetermined intervals, generating and transmitting a second vehicle control signal (Nagashima, paragraphs [0015] & [0016]).
Response to Arguments
Applicant’s arguments with respect to the above claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 NAOMI J SMALL whose telephone number is (571)270-5184. The examiner can normally be reached Monday-Friday 8:30AM-5PM.
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/NAOMI J SMALL/Primary Examiner, Art Unit 2685