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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fung et al. (2019/0241190).
Regarding applicant claim 1, Fung discloses a method, comprising:
collecting environmental status information inside a cabin of a vehicle during operation of the vehicle by a driver, the environmental status information related to environmental factors that may impact a cognitive load of the driver ([0223]-[0224] “imaging sensors, thermal sensors, temperature sensors, pressure sensors”);
collecting driver status information from a driver monitoring system (DMS) of the vehicle ([0225] “vehicle systems, monitor systems, sensors and sensor analysis”; [0273]-[0275]);
predicting a physiological state of the driver based on the environmental status information and the driver status information ([0272] “sensor analysis… can provide monitoring information and can determine one or more driver states of the driver of the motor vehicle”); and
adjusting one or more environmental controls of the vehicle based on the predicted physiological state of the driver ([0503] “response system can control the electronic power steering system, the visual devices, audio devices, tactile devices, the climate control system and pretensioning system for a seat belt”).
Regarding applicant claim 2, Fung discloses wherein the driver status information includes at least one of:
identification information of the driver; output of a dashboard camera of the vehicle; seat occupancy data of the vehicle; interior illumination data of the vehicle; biometric data of the driver; a drowsiness assessment of the driver; a stress assessment of the driver; a distraction assessment of the driver; eye gaze data of the driver; head movement data of the driver; and data of a guided audio intervention system of the vehicle ([0283] “optical sensing devices… for example heart rate information, head movements, eye movements, facial movements, skin color”; [0284]-[0290]).
Regarding applicant claim 3, Fung discloses wherein the environmental status information includes at least one of: information from a navigational system of the vehicle; information from an in-vehicle infotainment (IVI) system of the vehicle; and information from one or more bus systems of the vehicle ([0723] “navigation system display screen or climate control display screen… can generate various sounds , words, music, alarms, or other kinds of sounds”).
Regarding applicant claim 4, Fung discloses wherein the information from the navigational system includes at least one of: a start of an active route of the vehicle; an end of the active route of the vehicle; a change of the active route of the vehicle; an added destination of the active route of the vehicle; an interactive mode selection of the navigational system; and a command by the driver to zoom in or zoom out of a map of the navigational system ([0723] “navigation system”; [0413]-[0414]).
Regarding applicant claim 5, Fung discloses wherein the information from the IVI system includes at least one of: a detection of an incoming phone call; a detection of an outgoing phone call; a radio station selection; a media source selection; a media track selection; and one or more settings of the IVI system ([0413]-[0414] “infotainment system… mobile phone; hands free”).
Regarding applicant claim 6, Fung discloses wherein the information from the one or more bus systems of the vehicle includes sensor data of the vehicle, the sensor data including at least one of: exterior camera data of the vehicle; proximity sensor data of the vehicle; radar data of the vehicle; lidar data of the vehicle; in-cabin sensor data; vehicle speed data; steering wheel angle data; brake pedal position data; accelerator pedal position data; a status of one or more lights of the vehicle; a status of a windshield wiper of the vehicle; a status of a turn indicator of the vehicle; a status of a sun roof of the vehicle; a status of an engine of the vehicle; and one or more instrument cluster warnings of the vehicle ([0225] “vehicle systems, monitor systems, sensors and sensor analysis”; [0273]-[0275]; [0394] “Vehicular monitoring system and sensors… camera, radar, laser sensors, ).
Regarding applicant claim 7, Fung discloses wherein adjusting the one or more environmental controls of the vehicle based on the predicted physiological state of the driver includes at least one of: adjusting a lighting of the cabin; adjusting a temperature of the cabin; and adjusting an audio signal generated by an audio system of the vehicle ([0503] “response system can control the electronic power steering system, the visual devices, audio devices, tactile devices, the climate control system and pretensioning system for a seat belt”).
Regarding applicant claim 8, Fung discloses wherein adjusting the audio signal further includes at least one of: adjusting a volume of the audio signal; and terminating the audio signal and initiating a different audio signal ([0503] “response system can control the electronic power steering system, the visual devices, audio devices, tactile devices, the climate control system and pretensioning system for a seat belt”).
Regarding applicant claim 9, Fung discloses wherein adjusting the one or more environmental controls of the vehicle based on the predicted physiological state of the driver includes adjusting the one or more environmental controls based upon at an output of least one of: a machine learning (ML) model; and a statistical model; and wherein the environmental status information and the driver status information are inputs into the at least one of the ML model and the statistical model ([0503] “response system can control the electronic power steering system, the visual devices, audio devices, tactile devices, the climate control system and pretensioning system for a seat belt”).
10. The method of claim 1, wherein adjusting the one or more environmental controls of the vehicle based on the predicted physiological state of the driver further includes adjusting the one or more environmental controls based on a classification of the driver ([0503] “response system can control the electronic power steering system, the visual devices, audio devices, tactile devices, the climate control system and pretensioning system for a seat belt”).
Regarding applicant claim 11,Fung discloses a method, comprising:
using a trained machine learning (ML) model to predict a physiological state of a driver of a vehicle based on: a detected physiological state of the driver, the detected physiological state being detected from a driver monitoring system (DMS) of the vehicle ([0476] “pattern learning machine algorithms can be used to track data associated with an identified drier and pattern learning can be used to modify different vehicle systems”); and
one or more pieces of environmental status information, the environmental status information including data relevant to the physiological state of the driver ([0272] “sensor analysis… can provide monitoring information and can determine one or more driver states of the driver of the motor vehicle”); and
based on the predicted physiological state, adjusting one or more environmental controls of a cabin of the vehicle ([0503] “response system can control the electronic power steering system, the visual devices, audio devices, tactile devices, the climate control system and pretensioning system for a seat belt”).
Regarding applicant claim 12, Fung discloses further includes one or more of: data of an in-vehicle infotainment (IVI) system of the vehicle; data of a navigation system of the vehicle; and data from one or more bus systems of the vehicle ([0413]-[0414] “infotainment system… mobile phone; hands free”; [0723] “navigation system display screen or climate control display screen… can generate various sounds , words, music, alarms, or other kinds of sounds”).
Regarding applicant claim 13, Fung discloses wherein the data of the IVI system includes at least one of: a detection of an incoming phone call; a detection of an outgoing phone call; a radio station selection; a media source selection; a media track selection; and one or more settings of the IVI system ([0413]-[0414] “infotainment system… mobile phone; hands free”); wherein the data of the navigation system includes at least one of: a start of an active route of the vehicle; an end of the active route of the vehicle; a change of the active route of the vehicle; an added destination of the active route of the vehicle; an interactive mode selection of the navigation system; and a command by the driver to zoom in or zoom out of a map of the navigation system ([0723] “navigation system display screen or climate control display screen… can generate various sounds , words, music, alarms, or other kinds of sounds”); and wherein the data from one or more bus systems of the vehicle includes at least one of: exterior camera data of the vehicle; proximity sensor data of the vehicle; radar data of the vehicle; lidar data of the vehicle ([0225] “vehicle systems, monitor systems, sensors and sensor analysis”; [0273]-[0275]; [0394] “Vehicular monitoring system and sensors… camera, radar, laser sensors); in-cabin sensor data; vehicle speed data; steering wheel angle data; brake pedal position data; accelerator pedal position data; a status of one or more lights of the vehicle; ([0503] “response system can control the electronic power steering system, the visual devices, audio devices, tactile devices, the climate control system and pretensioning system for a seat belt”); a status of a windshield wiper of the vehicle; a status of a turn indicator of the vehicle; a status of a sun roof of the vehicle; a status of an engine of the vehicle; and one or more instrument cluster warnings of the vehicle ([0225] “vehicle systems, monitor systems, sensors and sensor analysis”; [0273]-[0275]; [0394] “Vehicular monitoring system and sensors… camera, radar, laser sensors).
Regarding applicant claim 14, Fung discloses wherein adjusting the one or more environmental controls of the vehicle based on the predicted physiological state of the driver includes at least one of: adjusting a lighting of the cabin; adjusting a temperature of the cabin ([0503] “climate control can change the cabin or driver temperature to effect the drowsiness of the driver); and adjusting a volume of an audio signal generated by an audio system of the vehicle; and terminating the audio signal and initiating a different audio signal ([0723] “navigation system display screen or climate control display screen… can generate various sounds , words, music, alarms, or other kinds of sounds”). .
Regarding applicant claim 15, Fung discloses wherein adjusting the one or more environmental controls of the cabin of the vehicle further includes:
in a first condition, where the predicted physiological state exceeds a threshold physiological state, adjusting the one or more environmental controls ([0503] “climate control can change the cabin or driver temperature to effect the drowsiness of the driver); and in a second condition, where the predicted physiological state does not exceed the threshold physiological state, not adjusting the one or more environmental controls ([0723] “navigation system display screen or climate control display screen… can generate various sounds , words, music, alarms, or other kinds of sounds”)..
Regarding applicant claim 16, Fung discloses wherein the threshold physiological state is a threshold physiological state specific to the driver ([0528] “physiological driver state… for example heart information can be analyzed to determine if a heart rate (beats per minute) coincides with a particular physiological driver state” ).
Regarding applicant claim 17, Fung discloses a system of a vehicle, comprising: one or more processors having executable instructions stored in a non-transitory memory that, when executed, cause the one or more processors to:
predict a level of stress of a driver of the vehicle based on data including environmental sensor data of a cabin of the vehicle and a detected physiological state of the driver ([0272] “sensor analysis… can provide monitoring information and can determine one or more driver states of the driver of the motor vehicle”),
the detected physiological state being detected from at least an output of a dashboard camera of the vehicle ([0272] “sensor analysis… can provide monitoring information and can determine one or more driver states of the driver of the motor vehicle”); and
based on the predicted level of stress of the driver, adjust one or more controls of the vehicle ([0503] “response system can control the electronic power steering system, the visual devices, audio devices, tactile devices, the climate control system and pretensioning system for a seat belt”).
Regarding applicant claim 18, Fung discloses wherein the predicted level of stress is determined using at least one of: a machine learning (ML) model; and a statistical model; and wherein the environmental sensor data and an estimated physiological state of the driver are inputs into the at least one of the ML model and the statistical model; and wherein the ML model is trained using the environmental sensor data and the detected physiological state of the driver collected under controlled conditions as inputs into the ML model, and a measured physiological state of the driver as ground truth data, the measured physiological state measured during the controlled conditions ([0476] “pattern learning machine algorithms can be used to track data associated with an identified drier and pattern learning can be used to modify different vehicle systems”).
Regrading applicant claim 19, Fung discloses wherein the environmental sensor data includes at least one of:
a detection of an incoming phone call; a detection of an outgoing phone call; a radio station selection; a media source selection; a media track selection; and one or more settings of the IVI system ([0413]-[0414] “infotainment system… mobile phone; hands free”); wherein the data of the navigation system includes at least one of: a start of an active route of the vehicle; an end of the active route of the vehicle; a change of the active route of the vehicle; an added destination of the active route of the vehicle; an interactive mode selection of the navigation system; and a command by the driver to zoom in or zoom out of a map of the navigation system ([0723] “navigation system display screen or climate control display screen… can generate various sounds , words, music, alarms, or other kinds of sounds”); and wherein the data from one or more bus systems of the vehicle includes at least one of: exterior camera data of the vehicle; proximity sensor data of the vehicle; radar data of the vehicle; lidar data of the vehicle ([0225] “vehicle systems, monitor systems, sensors and sensor analysis”; [0273]-[0275]; [0394] “Vehicular monitoring system and sensors… camera, radar, laser sensors); in-cabin sensor data; vehicle speed data; steering wheel angle data; brake pedal position data; accelerator pedal position data; a status of one or more lights of the vehicle; ([0503] “response system can control the electronic power steering system, the visual devices, audio devices, tactile devices, the climate control system and pretensioning system for a seat belt”); a status of a windshield wiper of the vehicle; a status of a turn indicator of the vehicle; a status of a sun roof of the vehicle; a status of an engine of the vehicle; and one or more instrument cluster warnings of the vehicle ([0225] “vehicle systems, monitor systems, sensors and sensor analysis”; [0273]-[0275]; [0394] “Vehicular monitoring system and sensors… camera, radar, laser sensors).
Regarding applicant claim 20, Fung discloses wherein the adjustment of the one or more controls of the vehicle based on the predicted level of stress of the driver includes at least one of: adjusting a lighting of the cabin; adjusting a temperature of the cabin; adjusting a volume of an audio signal generated by an audio system of the vehicle; and terminating the audio signal and initiating a different audio signal ([0503] “response system can control the electronic power steering system, the visual devices, audio devices, tactile devices, the climate control system and pretensioning system for a seat belt”).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAE LENNY LOUIE whose telephone number is (571)272-5195. The examiner can normally be reached M-F 6AM-3PM.
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/W.L.L/ Examiner, Art Unit 3661
/PETER D NOLAN/ Supervisory Patent Examiner, Art Unit 3661