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
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 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) 1-13, 18-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elad (US 2022/0234534).
Claim 1: Elad discloses A vehicular radar sensing system, the vehicular radar sensing system comprising:
a radar sensor disposed at an interior cabin of a vehicle, wherein the radar sensor senses within the interior cabin of the vehicle (fig 1A, 1B element 104, para 0015);
wherein the radar sensor transmits radio signals and receives radio signals (fig 1A, 1B element 104, para 0015);
wherein radar data is captured based on the received radio signals (fig 1A, 1B element 104, para 0015);
an electronic control unit (ECU) comprising electronic circuitry and associated software (para 0015, 0019-0022)
wherein captured radar data is provided to the ECU (para 0015, 0019-0022)
wherein the electronic circuitry of the ECU comprises at least one data processor (para 0015, 0019-0022)
wherein the ECU is operable to process captured radar data provided to the ECU (para 0015, 0019-0022);
a reflector disposed at the interior cabin of the vehicle, wherein the reflector comprises a plurality of radar-reflective portions (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin),;
wherein each radar-reflective portion of the plurality of radar-reflective portions of the reflector reflects radio signals transmitted by the radar sensor toward a respective region of interest of a plurality of regions of interest within the interior cabin of the vehicle (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin),;
wherein the received radio signals include radio signals that reflect off the plurality of radar-reflective portions of the reflector toward the radar sensor (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin),; and
wherein the vehicular radar sensing system, via processing at the ECU of captured radar data, determines presence of an occupant of the vehicle at a region of interest of the plurality of regions of interest within the interior cabin of the vehicle (para 0015-0022)
Claim 2: Elad discloses the radar sensor is disposed at a dashboard of the vehicle (fig 1A, 1B element 104, para 0015);
Claim 3: Elad discloses the reflector is disposed at a headliner of the vehicle (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin)
Claim 4: Elad discloses each radar-reflective portion of the plurality of radar-reflective portions of the reflector comprises a respective plurality of radar-reflective elements (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin)
Claim 5: Elad discloses at least one radar-reflective element of the plurality of radar-reflective elements of a respective radar-reflective portion is a different size than at least one other radar-reflective element of the plurality of radar- reflective elements of the respective radar-reflective portion (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin)
Claim 6: Elad discloses the radar sensor uses beamforming to direct the transmitted radio signals toward the reflector (para 0015, 0019, 0021)
Claim 7: Elad discloses the plurality of regions of interest comprises at least one seat of the vehicle (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin)
Claim 8: Elad discloses the plurality of regions of interest comprises at least one row of seats of the vehicle (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin)
Claim 9: Elad discloses the reflector is disposed at a glass portion of the roof of the vehicle (para 0017 “sun roof”)
Claim 10: Elad discloses the transmitted radio signals from the radar sensor (i) reflect off a first radar-reflective portion of the reflector toward a first region of interest of the plurality of regions of interest within the interior cabin of the vehicle and (ii) reflect off a second radar-reflective portion of the reflector toward a second region of interest of the plurality of regions of interest within the interior cabin of the vehicle, and wherein the received radio signals include radio signals that reflect off the first radar-reflective portion and the second radar-reflective portion toward the radar sensor (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin)
Claim 11: Elad discloses the first region of interest comprises a seat of a first row of seats within the interior cabin of the vehicle, and wherein the second region of interest comprises a seat of a second row of seats within the interior cabin of the vehicle (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin)
Claim 12: Elad discloses the first region of interest comprises a seat of a second row of seats within the interior cabin of the vehicle, and wherein the second region of interest comprises a seat of a third row of seats within the interior cabin of the vehicle (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin)
Claim 13: Elad discloses the reflector comprises a passive reflector (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin)
Claim 18: Elad discloses A vehicular radar sensing system, the vehicular radar sensing system comprising:
a radar sensor disposed at a dashboard of a vehicle, wherein the radar sensor senses within the interior cabin of the vehicle (fig 1A, 1B element 104, para 0015);
wherein the radar sensor transmits radio signals and receives radio signals; wherein radar data is captured based on the received radio signals (fig 1A, 1B element 104, para 0015);
an electronic control unit (ECU) comprising electronic circuitry and associated software; wherein captured radar data is provided to the ECU (para 0015, 0019-0022)
wherein the electronic circuitry of the ECU comprises at least one data processor (para 0015, 0019-0022)
wherein the ECU is operable to process captured radar data provided to the ECU (para 0015, 0019-0022)
a reflector disposed at a headliner of the vehicle, wherein the reflector comprises a plurality of radar-reflective portions (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin),
wherein each radar-reflective portion of the plurality of radar-reflective portions of the reflector reflects radio signals transmitted by the radar sensor toward a respective region of interest of a plurality of regions of interest within the interior cabin of the vehicle (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin),
wherein the received radio signals include radio signals that reflect off the plurality of radar-reflective portions of the reflector toward the radar sensor (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin); and
wherein the vehicular radar sensing system, via processing at the ECU of captured radar data, determines presence of an occupant of the vehicle at a region of interest of the plurality of regions of interest within the interior cabin of the vehicle (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin),
Claim 19: Elad discloses each radar-reflective portion of the plurality of radar-reflective portions of the reflector comprises a respective plurality of radar-reflective elements (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin, fig 1B element 14 supplemental reflector)
Claim 20: Elad discloses at least one radar- reflective element of the respective plurality of radar-reflective elements of a respective radar-reflective portion is a different size than at least one other radar-reflective element of the respective plurality of radar-reflective elements of the respective radar-reflective portion (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin, fig 1B element 14 supplemental reflector)
Claim 21: Elad discloses the radar sensor uses beamforming to direct the transmitted radio signals toward the reflector (para 0015, 0019, 0021)
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.
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.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elad (US 2022/0234534) as applied to claims 1 above and further in view of in view of Brooks (US 4823402)
Claim 14: Elad discloses the reflector comprises an active reflector (para 0023), and wherein the active reflector adjusts one or more radar-reflecting elements of a plurality of radar-reflective elements of the reflector to adjust a reflecting direction of the transmitted radio signals incident at the one or more radar-reflective elements.
Elad does not specifically disclose wherein the active reflector adjusts one or more radar-reflecting elements of a plurality of radar-reflective elements of the reflector to adjust a reflecting direction of the transmitted radio signals incident at the one or more radar-reflective elements.
In the field of radar detection, Brooks discloses a beam deflection system incorporating an active reflector comprising plural reflective portions wherein the active reflector adjusts one or more radar-reflecting elements of a plurality of radar-reflective elements of the reflector to adjust a reflecting direction of the transmitted radio signals incident at the one or more radar-reflective elements (fig 2, 3, 6, col 4 line 58-col 5 line 7, col 7 lines 49-64).
It would have been obvious to modify the invention such that it comprised the above limitations, as taught by Brooks, in order to scan a desired field of view for target imaging and detection.
Claim(s) 15, 16, 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elad (US 2022/0234534) as applied to claims 1 and 18 above and further in view of Podkamien (US 2023/0168364).
Claim 15: Elad discloses Elad discloses does not specifically disclose the vehicular radar sensing system, responsive to determining the presence of the occupant at a region of interest of the plurality of regions of interest within the interior cabin of the vehicle, determines a health status of the occupant
In the same field of endeavor, Podkamien discloses a system for monitoring occupancy in the interior of a vehicle wherein the vehicular radar sensing system, responsive to determining the presence of the occupant at a region of interest of the plurality of regions of interest within the interior cabin of the vehicle, determines a health status of the occupant (para 0088)
It would have been obvious to modify the invention such that it comprised the above limitations as taught by Podkamien in order to alert emergency personell to health conditions of a driver or passenger (Podkamien para 0088)
Claim 16: Elad discloses Elad discloses does not specifically disclose the vehicular radar sensing system, responsive to determining the presence of the occupant at a region of interest of the plurality of regions of interest within the interior cabin of the vehicle, determines a health status of the occupant
In the same field of endeavor, Podkamien discloses the health status comprises at least one selected from the group consisting of (i) a heart rate of the occupant and (ii) a breathing rate of the occupant (para 0088)
It would have been obvious to modify the invention such that it comprised the above limitations as taught by Podkamien in order to alert emergency personell to health conditions of a driver or passenger (Podkamien para 0088)
Claim 22: Elad discloses does not specifically disclose the vehicular radar sensing system, responsive to determining the presence of the occupant at a region of interest of the plurality of regions of interest within the interior cabin of the vehicle, determines a health status of the occupant
In the same field of endeavor, Podkamien discloses a system for monitoring occupancy in the interior of a vehicle wherein the vehicular radar sensing system, responsive to determining the presence of the occupant at a region of interest of the plurality of regions of interest within the interior cabin of the vehicle, determines a health status of the occupant (para 0088)
It would have been obvious to modify the invention such that it comprised the above limitations as taught by Podkamien in order to alert emergency personell to health conditions of a driver or passenger (Podkamien para 0088)
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elad (US 2022/0234534) as applied to claim 1 above, and further in view of Podkamien (US 2023/0168364).
Claim 17: Elad discloses communication of image data to the ECU or other processing device (para 0020)
Elad does not specifically disclose the vehicular radar sensing system, responsive to determining the presence of the occupant at a region of interest of the plurality of regions of interest within the interior cabin of the vehicle, transmits a wireless communication to a user device of a user of the vehicle.
In the same field of endeavor, Podkamien discloses a system for monitoring occupancy in the interior of a vehicle wherein the vehicular radar sensing system, responsive to determining the presence of the occupant at a region of interest of the plurality of regions of interest within the interior cabin of the vehicle, transmits a wireless communication to a user device of a user of the vehicle (para 0024, 0213, 0217, 0224-0226)
It would have been obvious to modify the invention such that it comprised the above limitations, as taught by Podkamien, in order to alert a user or authority of the presence of an object or person within the vehicle (Podkamien para 0024, 0213, 0217, 0224-0226)
Claim(s) 23-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elad (US 2022/0234534) in view of Brooks (US 4823402)
Claim 23: Elad discloses A vehicular radar sensing system, the vehicular radar sensing system comprising:
a radar sensor disposed at an interior cabin of a vehicle, wherein the radar sensor senses within the interior cabin of the vehicle (fig 1A, 1B element 104, para 0015)
wherein the radar sensor transmits radio signals and receives radio signals (fig 1A, 1B element 104, para 0015);
wherein radar data is captured based on the received radio signals (fig 1A, 1B element 104, para 0015);
an electronic control unit (ECU) comprising electronic circuitry and associated software (para 0015, 0019-0022)
wherein captured radar data is provided to the ECU (para 0015, 0019-0022)
wherein the electronic circuitry of the ECU comprises at least one data processor (para 0015, 0019-0022)
wherein the ECU is operable to process captured radar data provided to the ECU (para 0015, 0019-0022)
a reflector disposed at the interior cabin of the vehicle, wherein the reflector comprises a plurality of radar-reflective portions (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin, fig 1B element 14 supplemental reflector)
wherein each radar-reflective portion of the plurality of radar-reflective portions of the reflector reflects radio signals transmitted by the radar sensor toward a respective region of interest of a plurality of regions of interest within the interior cabin of the vehicle (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin), and
wherein the plurality of regions of interest comprises at least one seat of the vehicle (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0016-0018 disclosing the use of reflective portions of the roof which may be shaped for desired directional characteristics an illumination of specific portions of the interior cabin)
wherein the reflector comprises an active reflector (para 0023).
wherein the received radio signals include radio signals that reflect off the plurality of radar-reflective portions of the reflector toward the radar sensor (para 0015-0018); and
wherein the vehicular radar sensing system, via processing at the ECU of captured radar data, determines presence of an occupant of the vehicle at a region of interest of the plurality of regions of interest within the interior cabin of the vehicle (para 0015-0022)
Elad discloses the use of active reflectors (para 0023).
Elad does not specifically disclose wherein the active reflector adjusts one or more radar-reflecting elements of a plurality of radar-reflective elements of the reflector to adjust a reflecting direction of the transmitted radio signals incident at the one or more radar-reflective elements.
In the field of radar detection, Brooks discloses a beam deflection system incorporating an active reflector comprising plural reflective portions wherein the active reflector adjusts one or more radar-reflecting elements of a plurality of radar-reflective elements of the reflector to adjust a reflecting direction of the transmitted radio signals incident at the one or more radar-reflective elements (fig 2, 3, 6, col 4 line 58-col 5 line 7, col 7 lines 49-64).
It would have been obvious to modify the invention such that it comprised the above limitations, as taught by Brooks, in order to scan a desired field of view for target imaging and detection.
Claim 24: Elad discloses the reflector is disposed at a glass portion of the roof of the vehicle (para 0017 “sun roof”)
Claim 25: Elad discloses the radar sensor uses beamforming to direct the transmitted radio signals toward the reflector (para 0015, 0019, 0021)
Claim 26: Elad discloses the transmitted radio signals from the radar sensor (i) reflect off a first radar-reflective portion of the reflector toward a first region of interest of the plurality of regions of interest within the interior cabin of the vehicle and (ii) reflect off a second radar-reflective portion of the reflector toward a second region of interest of the plurality of regions of interest within the interior cabin of the vehicle, and wherein the received radio signals include radio signals that reflect off the first radar-reflective portion and the second radar-reflective portion toward the radar sensor (fig 1A, 1B elements 110, fig 2 elements 206, 208, 210, para 0015-0022)
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elad (US 2022/0234534) in view of Brooks (US 4823402) as applied to claim 23 above, and further in view of Podkamien (US 2023/0168364).
Claim 27: Elad discloses communication of image data to the ECU or other processing device (para 0020)
Elad does not specifically disclose the vehicular radar sensing system, responsive to determining the presence of the occupant at a region of interest of the plurality of regions of interest within the interior cabin of the vehicle, transmits a wireless communication to a user device of a user of the vehicle.
In the same field of endeavor, Podkamien discloses a system for monitoring occupancy in the interior of a vehicle wherein the vehicular radar sensing system, responsive to determining the presence of the occupant at a region of interest of the plurality of regions of interest within the interior cabin of the vehicle, transmits a wireless communication to a user device of a user of the vehicle (para 0024, 0213, 0217, 0224-0226)
It would have been obvious to modify the invention such that it comprised the above limitations, as taught by Podkamien, in order to alert a user or authority of the presence of an object or person within the vehicle (Podkamien para 0024, 0213, 0217, 0224-0226)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additionally cited prior art comprises embodiments of vehicle occupancy detection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER M BYTHROW whose telephone number is (571)270-1468. The examiner can normally be reached on Monday-Friday 830am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Resha Desai can be reached at (571) 270-7792. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER M BYTHROW/Primary Examiner, Art Unit 3648
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