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 with respect to claim(s) 1 and 11 under 5 U.S.C. 103 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.
Claim Rejections - 35 USC § 103
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.
Claims 1-4 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Singh et al. (US 2025/0108834 A1) in view of Maeda (US 2023/0293086 A1) and Li et al. (CN 114633758 A).
As to claims 1 and 10-11, Singh discloses an apparatus for controlling a vehicle, the apparatus comprising: at least one sensor (para. 0045, 0071) configured to obtain status data of a passenger of the vehicle and data related to a motion of the passenger (Fig. 3-4); and a processor configured to predict a motion sickness index of the passenger, by inputting the data related to the motion of the passenger into the selected motion sickness model (Fig. 5-6); control an operation of the vehicle based on the motion sickness index (Fig. 6). Singh does not explicitly disclose a processor configured to generate at least one motion sickness model, based on the status data of the passenger and the data related to the motion of the passenger, which are previously obtained, select a motion sickness model corresponding to the status data of the user, from among the at least one motion sickness model; allow an input of a misery scale for indicating a motion sickness extent sensed by the passenger and adjust at least one parameter of the at least one motion sickness model based on the misery scale. However, Maeda teaches a processor configured to generate at least one motion sickness model, based on the status data of the passenger and the data related to the motion of the passenger, which are previously obtained, select a motion sickness model corresponding to the status data of the user, from among the at least one motion sickness model (Fig. 3-5, 9-10). Therefore, given the teaching of Maeda, it would have been obvious to one skilled in the art before the effective filling date of the claimed invention, to have readily recognized the desirability and advantages of modifying method of Singh, by employing the well-known or conventional features of generating and selecting motion sickness model based on passenger, to determine the motion sickness index of user.
Li teaches allow an input of a misery scale for indicating a motion sickness extent sensed by the passenger and adjust at least one parameter of the at least one motion sickness model based on the misery scale (para. 0024-0025, 0057-0059). Therefore, given the teaching of Li, it would have been obvious to one skilled in the art before the effective filling date of the claimed invention, to have readily recognized the desirability and advantages of modifying method of Singh, by employing the well-known or conventional features of adjusting/updating the motion sickness model based on the misery scale input by the passenger, to provide a more accurate motion sickness model.
As to claims 2 and 12, Singh further teaches wherein the sensor obtains the status data of the passenger and the data related to the motion of the passenger (Fig. 3-4 and para. 0045, 0071).
As to claims 3 and 13, Singh further teaches wherein the status data includes: a seating position and a gaze direction (para. 0035, 0048, 0053, 0077).
As to claims 4 and 14, Singh further teaches wherein the processor is configured to: generate the at least one motion sickness model depending on the seating position of the passenger and the gaze direction of the passenger (Fig. 3-5, 9-10).
Claims 5-9 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Singh, Maeda and Li, as applied to claims 1 and 11 above, further in view of Kamiji et al. ("Modeling and Validation of Carsickness Mechanism", SICE Annual Conference 2007, September 17-20, 2007, Kagawa University, Japan, IDS).
As to claims 5 and 15, Singh, Maeda and Li do not explicitly teach wherein the processor is configured to: generate the motion sickness model to pre-process the data related to the motion of the passenger, input the pre-processed result into a conflict model, transform a conflict vector, which is output from the conflict model, into a sickness severity, and calculate a motion sickness index of the passenger, based on the sickness severity. However, Kamiji teaches wherein the processor is configured to: generate the motion sickness model to pre-process the data related to the motion of the passenger, input the pre-processed result into a conflict model, transform a conflict vector, which is output from the conflict model, into a sickness severity, and calculate a motion sickness index of the passenger, based on the sickness severity (Fig. 1). Therefore, given the teaching of Kamiji, it would have been obvious to one skilled in the art before the effective filling date of the claimed invention, to have readily recognized the desirability and advantages of modifying method of Singh and Maeda, by employing the well-known or conventional features of motion sickness model, to determine the motion sickness index of user.
As to claims 6 and 16, Kamiji further teaches wherein the processor is configured to: transform the conflict vector, which is output from the conflict model, into the motion sickness severity through a hill function (Fig. 1).
As to claims 7 and 17, Kamiji further teaches wherein the processor is configured to: calculate the motion sickness index of the passenger using a cumulation function based on the motion sickness severity (Fig. 1).
As to claims 8 and 18, Li further teaches wherein the at least one parameter included in the at least one motion sickness model is adjusted such that the motion sickness index output from the at least one motion sickness model follows the misery scale
As to claims 9 and 19, Kamiji further teaches the motion sickness model comprises a conflict model, a hill function, and a time cumulation function, wherein the time cumulation function includes at least one parameter, wherein the conflict model is configured to receive preprocessed data as an input and output a conflict vector, wherein the hill function is configured to convert the conflict vector into a motion sickness severity, and wherein the time cumulation function is configured to calculate the motion sickness index based on the motion sickness severity (Fig. 1).
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 Ce Li Li whose telephone number is (571)270-5564. The examiner can normally be reached M-F, 10AM-7PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter D Nolan can be reached at 571-270-7016. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CE LI . LI
Examiner
Art Unit 3661
/PETER D NOLAN/Supervisory Patent Examiner, Art Unit 3661
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