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 .
DETAILED ACTION
This action is responsive to applicant’s filing of 7/3/2024. Claims 1-20 are pending and rejected.
Priority
Applicant’s claim of priority to application 17634046 filed 2/9/22, now patent 12032670,
Which claims priority to application of PCT/US2021/0587001 filed 11/10/2021 which claims priority to applications 63/191476 filed 5/21/2021 and application 63/112147 filed 11/10/2020 is acknowledged.
Information Disclosure Statement
2. The information disclosure statement filed 7/3/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. The EPO search report dated 1/29/2029 is not supplied.
Claim Rejections - 35 USC § 101
1. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
2. Claims 1-20 are rejected under 35 USC 101 as not being directed to statutory subject matter. The claimed invention is directed to an abstract idea. The claims are directed at merely associating an image with a driver, determining whether the image depicts the first driver, or combining images. The claim is broad enough to entail any “processing.” Accordingly, it would be reasonable to classify this delaying as a mental process, as for instance not processing an obscured person until I had a better view of them. All of these are directed at abstract ideas which can easily be performed as mental steps. Associating is a step which can be performed in one’s mind. Nor does it perform an act claiming a real world activity such as moving the car upon driver login via the facial recognition. The claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) abstract ideas of associating, determining, or whether a driver is authorized to drive a vehicle. This judicial exception is not integrated into a practical application because the claims are directed to mere concepts of associating or determining if an image is that of an authorized driver. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because applicant does not expressly claim a real world activity such as performing the moving the vehicle.
Allowable Subject Matter
Claims 1-20 distinguish over the prior art and would be allowable upon overcoming the 101 Subject Matter Rejections.
In particular, the prior art does not disclose delaying the visual login of the driver as a result of an obstruction between the driver and the camera.
Of particular interest is Siconni et al. (US20200057487) which teaches a delay to sync facial images in order to detect driver fatigue. Siconni et al. does not delay processing as a result of an obstruction between the driver and the camera.
Of further interest is Gleesen-May (WO2018009567) which teaches using a delay to see progressive driver facial feature changes to detect driver fatigue (¶60). Gleesen-May does not delay processing as a result of an obstruction between the driver and the camera.
Of further interest is Turgeman et al. (US20180314816) which injects a delay in processing password character gap entries by a driver and comparing to previous logins to detect fraudulent login attempts (¶156). Turgeman et al. does not delay processing as a result of an obstruction between the driver and the camera.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL E BUTLER whose telephone number is (571)272-6937.
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/M.E.B/ Examiner, Art Unit 3655
/JACOB S. SCOTT/ Supervisory Patent Examiner, Art Unit 3655
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