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 § 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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 2020/0118409) in view of Correa Ramirez et al. (US 2020/0178887).
Regarding claims 1, 10, Yang discloses a method for detecting a living being, in particular for detecting a small child in a vehicle (abstract), the method comprising: providing, via a transmitter, a signal that is influenced by the living being (fig. 6); providing the signal to a receiver that provides the signal to a first decision module (fig. 6, page 6, [0068]); using, via the first decision module, the signal to ascertain whether a vital state of a living being is present (page 6, [0068]); providing the signal to a second decision module if a living being is ascertained, the second decision module ascertaining whether the living being is an adult (fig. 6, [page 6, [0068]). Claim 10, a transmitter designed to provide a signal or an ultra-wideband signal (page 3, [0041]).
Yang discloses all the limitations set forth above but fails to explicitly disclose outputting a warning signal via a signal generator if it is ascertained that the living being is not an adult.
However, Correa Ramirez discloses outputting a warning signal via a signal generator if it is ascertained that the living being is not an adult (technique may be used with a wake-up alarm system to prevent pets from sleeping on a bed in page 19, [0164]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was first filed to incorporate the features of Correa Ramirez within the system of Yang in order to preclude an infant from being left in a vehicle thereby maximizing the safety of the system.
Regarding claim 2, Yang discloses wherein the signal is an ultra-wideband signal (page 3, [0041]).
Regarding claim 3, Yang discloses wherein the first decision module comprises a Fourier transform (page 3, [0041]).
Regarding claim 4, Yang discloses wherein the second decision module is based on a learning algorithm (page 3, 0041]).
Regarding claim 5, Yang discloses wherein the second decision module decides whether the living being is an adult or a small child based on a respiratory rate and/or a heart rate of the living being (page 3, [0046-0048]).
Regarding claim 6, Yang discloses wherein the respective decision module is integrated into a control device or a control device of the vehicle (fig. 6).
Regarding claim 7, Yang discloses wherein the signal is provided to a third decision module, wherein the third decision module ascertains whether the living being is a small child (page 3, [0046-0048]).
Regarding claim 8, Yang discloses wherein a warning signal is output if a small child is detected and/or if it is ascertained that the living being is not an adult (page 3, [0046-0048]).
Regarding claim 9, Yang discloses wherein the third decision module comprises a Fourier transform and/or a learning algorithm (page 3, [0041]).
Regarding claim 11, Yang discloses a third decision module, wherein the third decision module ascertains whether the living being is a small child based on the signal provided (page 3, [0046-0048]).
Regarding claim 12, Yang discloses a vehicle comprising the device (fig. 6).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Tran (US 2008/0001735) discloses mesh network…….appliance.
Amman et al. (US 2022/0223145) discloses speech filtering for masks.
Kydar (US 2017/0299718) discloses detection…….signal.
Beach et al. (US 11,230,246) discloses vehicle occupancy monitor.
Santarone et al. (US 2020/0104433) discloses method……smart device.
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DP
September 17, 2025
/DANIEL PREVIL/ Primary Examiner, Art Unit 2685