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 .
This communication is in response to application No. 18/817,550 Driver Blood Alcohol Content Verification for Non-Assisted, Assisted, and Automated Driving Systems; filed on 08/28/2024 with an After Final response filed on 6/25/2026. Claims 1-18 and 20-21 are currently pending and have been examined. Claim 19 has been cancelled by amendment. Claims 1-18 and 20-21 have been rejected as follows.
Response to Amendment
Regarding the 35 U.S.C. 112(b) rejections; claim 16 has been amended to correct the issue. Therefore the 112 rejection of claim 16 has been withdrawn.
Response to Arguments
Applicant’s arguments, see beginning on page 12, with regards to claim 1, filed 06/25/2026, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Newberry (US 2018/0116605 A1) in view of Newberry (US 2018/0116605 A1) in view of Kim (KR 102664525 B1) and further in view of Yooh Joohoon (KR 20240126120 A). Paragraph 77 of Yooh Joohoon describes the display as displaying an error message or a message guiding the user to touch the finger correctly if the fingerprint recognition is not performed correctly.
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.
Claim(s) 1-7, 9-17, 20-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Newberry (US 2018/0116605 A1) in view of Kim (KR 102664525 B1) and further in view of Yooh Joohoon (KR 20240126120 A).
Regarding claim 1, Newberry discloses;
A driver blood alcohol content (BAC) verification system for a host vehicle, the driver BAC verification system comprising: (Newberry discloses a biometric control module and sensor for a vehicle. Paragraph 17)
a device (biosensor 100) comprising a fingerprint sensor configured to detect a fingerprint of a first vehicle occupant, (Paragraph 180 discloses a fingerprint sensor)
a transdermal BAC sensor (biosensor 100, circuit 110 and biosensor central control module 2210; paragraphs 89-90, 234) configured to detect a BAC level of the first vehicle occupant concurrently with the fingerprint sensor detecting the fingerprint; and
a control module (vehicle control system 2502; paragraph 235-236, fig. 34) configured to, based on the fingerprint and the BAC level, verify that the BAC level is below a set threshold for being impaired, and in response to the BAC level being below the set threshold, permit the first vehicle occupant to drive the host vehicle,
Newberry discloses a camera (camera 250; paragraph 85) as part of the sensor and using it to determine a fingerprint, but does not suggest using the camera to capture a different anatomical feature in addition to the fingerprint. Further, Newberry does not disclose checking an anatomical feature and a fingerprint for a vehicle occupant utilizing a camera and determining the anatomical feature and fingerprint do not match a pair stored in memory. However, Kim teaches;
check an anatomical feature and the fingerprint for the first vehicle occupant based on outputs from a camera (photo unit 200) monitoring a driver seat of the host vehicle and the fingerprint sensor (fingerprint recognition unit 300), the anatomical feature being different than the fingerprint, (Paragraph 41 of Kim describes utilizing the fingerprint and driver’s facial recognition to identify the driver.)
based on the outputs, determine that the anatomical feature and the fingerprint do not match an anatomical feature and fingerprint pair stored in memory for the first vehicle occupant, (Paragraph 38 describes a first photography unit which photographs the driver’s face. Paragraph 41 describes a fingerprint recognition unit which scans the driver’s fingerprint information and determines driver identity.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Newberry to include checking an anatomical feature and the fingerprint for the first vehicle occupant based on outputs from a camera monitoring a driver seat of the host vehicle and the fingerprint sensor, based on the outputs, determining that the anatomical feature and the fingerprint do not match an anatomical feature and fingerprint pair stored in memory for the first vehicle occupant, generating a message instructing a person in the driver seat of the host vehicle to touch the device, as taught by Kim, as the references and the claimed invention are directed to vehicle control systems. As disclosed by Kim, it is well known for a vehicle control system to include checking an anatomical feature and the fingerprint for the first vehicle occupant based on outputs from a camera monitoring a driver seat of the host vehicle and the fingerprint sensor, based on the outputs, determining that the anatomical feature and the fingerprint do not match an anatomical feature and fingerprint pair stored in memory for the first vehicle occupant, generating a message instructing a person in the driver seat of the host vehicle to touch the device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Newberry to include checking an anatomical feature and the fingerprint for the first vehicle occupant based on outputs from a camera monitoring a driver seat of the host vehicle and the fingerprint sensor, based on the outputs, determining that the anatomical feature and the fingerprint do not match an anatomical feature and fingerprint pair stored in memory for the first vehicle occupant, generating a message instructing a person in the driver seat of the host vehicle to touch the device, as taught by Kim, as such a modification would provide the ability to eliminate the risk of drunk driving (paragraph 16 of Kim).
Further, Newberry does not disclose generating a message instructing a person in the driver seat to touch the device. However, Yooh Joohoon (KR 20240126120 A) teaches,
generate a message instructing a person in the driver seat of the host vehicle to touch the device. (Paragraph 77 describes the display (195) as displaying an error message or a message guiding the user to touch the finger correctly if the fingerprint recognition is not performed correctly.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Newberry to include generating a message instructing a person in the driver seat to touch the device as taught by Yooh Joohoon, as the references and the claimed invention are directed to driver informational displays. As disclosed by Yooh Joohoon, it is well known for a driver informational display to include generating a message instructing a person in the driver seat to touch the device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Newberry to include generating a message instructing a person in the driver seat to touch the device as taught by Yooh Joohoon, as such a modification would provide the ability to process a missing or partial fingerprint reading from the fingerprint reader. (paragraph 77 of Yooh Joohoon).
Regarding claim 2, Newberry in view of Kim discloses;
wherein the control module is configured to permit the first vehicle occupant to drive the host vehicle in response to verifying that the anatomical feature and the fingerprint are for the first vehicle occupant. (Paragraph 41 of Kim describes utilizing the fingerprint and driver’s facial recognition to identify the driver. Paragraph 43 describes an integrated control unit as preventing vehicle operation based on detected blood alcohol concentration and driver identity. The ability to prevent vehicle operation, necessarily includes the ability to allow vehicle operation under the prescribed requirements.)
Regarding claim 3, Newberry in view of Kim discloses;
wherein the anatomical feature is a face of the first vehicle occupant in the driver seat of the host vehicle; (Paragraph 38 describes a first photography unit which photographs the driver’s face.)
the device is configured to detect another fingerprint subsequent to the person in the driver seat touching the device; (Paragraph 41 describes a fingerprint recognition unit which scans the driver’s fingerprint information and determines driver identity.)
the control module (integrated control unit 400; Kim, paragraph 43) is configured to compare the face and the another fingerprint (fingerprint recognition unit 300; paragraph 41) to a stored face and fingerprint pair for the first vehicle occupant, and permit the first vehicle occupant to drive the host vehicle in response to verifying that the face and fingerprint are for the first vehicle occupant. (Paragraph 38 describes a first photography unit which photographs the driver’s face. Paragraph 41 describes a fingerprint recognition unit which scans the driver’s fingerprint information. Paragraph 43 describes an integrated control unit as preventing vehicle operation based on detected blood alcohol concentration and driver identity. The ability to prevent vehicle operation, necessarily includes the ability to allow vehicle operation under the prescribed requirements.)
Regarding claim 4, Newberry in view of Kim discloses;
further comprising a camera (first photographing unit 200; Kim, paragraph 38) configured to detect an anatomical feature of a second vehicle occupant in the driver seat of the host vehicle, wherein
the control module (integrated control unit 400; Kim, paragraph 43) is configured to compare the detected anatomical feature and the detected fingerprint (fingerprint recognition unit 300; Kim, paragraph 41) to a stored anatomical feature and fingerprint pair for the second vehicle occupant, and, in response to determining that the detected fingerprint is not a fingerprint of the second vehicle occupant, at least one of i) limit driving operations, ii) maintain the host vehicle in a parked state, iii) disable driving operation of the host vehicle, and iv) transition to an autonomous drive mode. (Kim, paragraph 38 describes a first photography unit which photographs the driver’s face. Paragraph 41 describes a fingerprint recognition unit which scans the driver’s fingerprint information. Paragraph 30 describes prohibiting a vehicle start when replacement driver fraud has been detected through the use of driver verification utilizing the camera and fingerprint scanner. Paragraph 43 describes an integrated control unit as preventing vehicle operation based on detected blood alcohol concentration and driver identity. The ability to prevent vehicle operation, necessarily includes the ability to allow vehicle operation under the prescribed requirements.)
Regarding claim 5, Newberry in view of Kim discloses;
further comprising a camera (first photographing unit 200; Kim, paragraph 38) configured to detect a face of a second vehicle occupant in the driver seat of the host vehicle, wherein
the control module (integrated control unit 400; Kim, paragraph 43) is configured to compare the detected face and the detected fingerprint (fingerprint recognition unit 300; Kim, paragraph 41) to a stored face and fingerprint pair for the second vehicle occupant, and, in response to determining that the detected fingerprint is not a fingerprint of the second vehicle occupant, at least one of i) limit driving operations, ii) maintain the host vehicle in a parked state, iii) disable driving operation of the host vehicle, and iv) transition to an autonomous drive mode. (Kim, paragraph 38 describes a first photography unit which photographs the driver’s face. Paragraph 41 describes a fingerprint recognition unit which scans the driver’s fingerprint information. Paragraph 30 describes prohibiting a vehicle start when replacement driver fraud has been detected through the use of driver verification utilizing the camera and fingerprint scanner. Paragraph 43 describes an integrated control unit as preventing vehicle operation based on detected blood alcohol concentration and driver identity. The ability to prevent vehicle operation, necessarily includes the ability to allow vehicle operation under the prescribed requirements.)
Regarding claim 6, Newberry discloses;
wherein the control module (vehicle control system 2502) is configured to detect that the first vehicle occupant is in the driver seat and is touching the fingerprint sensor and identify the first vehicle occupant based on the fingerprint detected by the fingerprint sensor. (biosensor 100). (Paragraph 216 describes vehicle user authorization of vehicle functions through the use of fingerprint verification. This would establish a driver in the seat, with fingerprint information.)
Regarding claim 7, Newberry discloses;
wherein: the device is a start and stop switch of the host vehicle that is used to start the host vehicle when a brake pedal of the host vehicle is pressed; and the control module is configured, in response to the BAC level exceeding the set threshold, at least one of i) prevent starting of the host vehicle, ii) maintain the host vehicle in parked state, and iii) limit operations of the host vehicle. (fig. 34 and paragraphs 234-236 describe the control module as controlling the vehicle to prevent the ignition system from starting the vehicle or the transmission from being shifted to allow the vehicle to move. A brake interlock mechanism, which prevents a vehicle from starting without the operator first depressing the brake pedal, is a well-known device in the industry and would have been known to a practitioner of the art before the effective filing date of the claimed invention.)
Regarding claim 9, Newberry discloses;
wherein the control module is configured to display the BAC level to the first vehicle occupant. (Fig. 41 discloses an in vehicle display of driver info including BAC level. Paragraph 197 describes the biosensor displaying health information on the vehicle display.)
Regarding claim 10, Newberry in view of Kim discloses;
wherein the control module is configured to: detect that a driver of the host vehicle has changed from the first vehicle occupant to a second vehicle occupant;
detect a second fingerprint (fingerprint recognition unit 300; Kim, paragraph 41), a second BAC level and a second anatomical feature (first photographing unit 200; Kim, paragraph 38) of the second vehicle occupant; and
permit the second vehicle occupant to drive the host vehicle in response to verifying that the detected second fingerprint and the second anatomical feature are of the second vehicle occupant, and the second BAC level of the second vehicle occupant is below the set threshold. (Kim, paragraph 38 describes a first photography unit which photographs the driver’s face. Paragraph 41 describes a fingerprint recognition unit which scans the driver’s fingerprint information. Paragraph 43 describes an integrated control unit as preventing vehicle operation based on detected blood alcohol concentration and driver identity. The ability to prevent vehicle operation, necessarily includes the ability to allow vehicle operation under the prescribed requirements. Paragraph 30 describes prohibiting a vehicle start when replacement driver fraud has been detected through the use of driver verification utilizing the camera and fingerprint scanner. Verification results which match a driver’s photograph to their fingerprint and a BAC level below the set threshold, allow for vehicle operation.)
Regarding claim 11, Newberry discloses;
A driver blood alcohol content (BAC) verification method for a host vehicle, the driver BAC verification method comprising: (Newberry discloses a biometric control module and sensor for a vehicle. Paragraph 17)
detecting a fingerprint of a first vehicle occupant; (Paragraph 180 discloses a fingerprint sensor)
detecting a BAC level of the first vehicle occupant concurrently with the detecting of the fingerprint; (biosensor 100, circuit 110 and biosensor central control module 2210; paragraphs 89-90, 234)
based on the fingerprint and the BAC level, verifying that the BAC level is below a set threshold for being impaired; and in response to the BAC level being below the set threshold, permitting the first vehicle occupant to drive the host vehicle (Paragraph 234-236 and fig. 34 describe a method of controlling vehicle operation in response to blood alcohol level.)
placing the host vehicle in an automated driving mode for autonomous driving, in response to driver identity and driver condition. (Paragraph 243 describes the biosensor control module as initiating a self-driving mode in response to an unconscious or unresponsive driver.)
Newberry discloses determining biometric information for a vehicle operator, but does not disclose determining the identity of the operator and therefore does not disclose a method for detecting a switching of seats between two individuals. However, a new operator would generate new biometric information, including a BAC level, and would likewise trigger appropriate vehicle actions. Kim teaches a method for determining operator identity and thereby authenticating a second occupant.
detecting switching of seats by the first vehicle occupant and a second vehicle occupant via one or more cameras; (Kim, paragraph 43 describes verification of driver identity by camera.)
in response to detecting the switching of seats, i) checking an anatomical feature and fingerprint detected for the second vehicle occupant to authenticate the second vehicle occupant, and ii) check a BAC level of the second vehicle occupant;
in response to the second vehicle occupant being authenticated and the BAC level of the second vehicle occupant being below the set threshold, permitting the second vehicle occupant to drive the host vehicle; (Newberry, fig. 34 and paragraphs 234-236 describe the control module as controlling the vehicle ignition system to prevent starting the vehicle, or the transmission from being shifted to allow the vehicle to drive. Kim, paragraph 43, describes regular verification of the driver through the camera and the fingerprint scanner and the ability prevent vehicle operation based on detected blood alcohol concentration and driver identity. This regular reverification process would detect a switching of seats by the first vehicle occupant and a second vehicle occupant, verify their identity, their BAC and determine appropriate vehicle actions.)
detecting a face change due to a change in drivers while the host vehicle is being driven and, in response to the detected change in drivers and the second vehicle occupant at least one of not being authenticated and the BAC level of the second vehicle occupant being above the set threshold, take predetermined action. (Kim, paragraph 38 describes a first photography unit which photographs the driver’s face. Paragraph 41 describes a fingerprint recognition unit which scans the driver’s fingerprint information. Paragraph 43 describes an integrated control unit as preventing vehicle operation based on detected blood alcohol concentration and driver identity. Paragraph 30 describes prohibiting a vehicle start when replacement driver fraud has been detected through the use of driver verification utilizing the camera and fingerprint scanner.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Newberry to include a process for detecting a switching of seats by the first vehicle occupant and a second vehicle occupant via one or more cameras, authenticate the second vehicle occupant, determine the BAC level of the second vehicle occupant being below the set threshold, permitting the second vehicle occupant to drive the host vehicle, or in response to the detected change in drivers and the second vehicle occupant at least one of not being authenticated and the BAC level of the second vehicle occupant being above the set threshold, take a predetermined action, as taught by Kim, as the references and the claimed invention are directed to vehicle control systems. As disclosed by Kim, it is well known for a vehicle control system to include a process for detecting a switching of seats by the first vehicle occupant and a second vehicle occupant via one or more cameras, authenticate the second vehicle occupant, determine the BAC level of the second vehicle occupant being below the set threshold, permitting the second vehicle occupant to drive the host vehicle or in response to the detected change in drivers and the second vehicle occupant at least one of not being authenticated and the BAC level of the second vehicle occupant being above the set threshold, take a predetermined action. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Newberry to include a process for detecting a switching of seats by the first vehicle occupant and a second vehicle occupant via one or more cameras, authenticate the second vehicle occupant, determine the BAC level of the second vehicle occupant being below the set threshold, permitting the second vehicle occupant to drive the host vehicle or in response to the detected change in drivers and the second vehicle occupant at least one of not being authenticated and the BAC level of the second vehicle occupant being above the set threshold, take a predetermined action, as taught by Kim, as such a modification would provide the ability to eliminate the risk of drunk driving (paragraph 16 of Kim).
Regarding claim 12, Newberry in view of Kim discloses;
further comprising: detecting an anatomical feature of the first vehicle occupant (first photographing unit 200; Kim, paragraph 38);
comparing the detected anatomical feature and the detected fingerprint (fingerprint recognition unit 300; Kim, paragraph 41) to a stored anatomical feature and fingerprint pair for the first vehicle occupant; and
permitting the first vehicle occupant to drive the host vehicle in response to verifying that the detected anatomical feature and detected fingerprint are for the first vehicle occupant. (Kim, paragraph 38 describes a first photography unit which photographs the driver’s face. Paragraph 41 describes a fingerprint recognition unit which scans the driver’s fingerprint information. Paragraph 43 describes an integrated control unit as preventing vehicle operation based on detected blood alcohol concentration and driver identity. The ability to prevent vehicle operation, necessarily includes the ability to allow vehicle operation under the prescribed requirements.)
Regarding claim 13, Newberry in view of Kim discloses;
further comprising: detecting a face (first photographing unit 200; Kim, paragraph 38) of the first vehicle occupant in a driver seat of the host vehicle;
comparing the detected face and the detected fingerprint (fingerprint recognition unit 300; Kim, paragraph 41) to a stored face and fingerprint pair for the first vehicle occupant; and permitting the first vehicle occupant to drive the host vehicle in response to verifying that the detected face and detected fingerprint are for the first vehicle occupant. (Kim, paragraph 38 describes a first photography unit which photographs the driver’s face. Paragraph 41 describes a fingerprint recognition unit which scans the driver’s fingerprint information. Paragraph 43 describes an integrated control unit as preventing vehicle operation based on detected blood alcohol concentration and driver identity. The ability to prevent vehicle operation, necessarily includes the ability to allow vehicle operation under the prescribed requirements.)
Regarding claim 14, Newberry in view of Kim discloses;
further comprising: comparing the detected anatomical feature and the detected fingerprint (fingerprint recognition unit 300; Kim, paragraph 41) for the second vehicle occupant to a stored anatomical feature and fingerprint pair for the second vehicle occupant; and
in response to determining that the detected fingerprint is not a fingerprint of the second vehicle occupant, at least one of i) limiting driving operations, ii) maintaining the host vehicle in a parked state, iii) disabling driving operation of the host vehicle, and iv) transitioning to an autonomous drive mode. (Newberry, fig. 34 and paragraphs 234-236 describe the control module as controlling the vehicle ignition system to prevent starting the vehicle, or the transmission from being shifted to allow the vehicle to drive. Kim, paragraph 43, describes regular verification of the driver through the camera and the fingerprint scanner and the ability prevent vehicle operation based on detected blood alcohol concentration and driver identity. This regular reverification process would detect a second occupant in the driver’s seat, verify their identity and determine appropriate vehicle actions.)
Regarding claim 15, Newberry in view of Kim discloses;
further comprising: comparing the detected anatomical feature (first photographing unit 200; Kim, paragraph 38) and the detected fingerprint (fingerprint recognition unit 300; Kim, paragraph 41) for the second vehicle occupant to a stored anatomical feature and fingerprint pair for the second vehicle occupant, wherein the anatomical feature of the second vehicle occupant is a face; and
in response to determining that the detected fingerprint for the second vehicle occupant is not a fingerprint of the second vehicle occupant, at least one of i) limiting driving operations, ii) maintaining the host vehicle in a parked state, iii) disabling driving operation of the host vehicle, and iv) transitioning to an autonomous drive mode. (Newberry, fig. 34 and paragraphs 234-236 describe the control module as controlling the vehicle ignition system to prevent starting the vehicle, or the transmission from being shifted to allow the vehicle to drive. Kim, paragraph 43, describes regular verification of the driver through the camera and the fingerprint scanner and the ability prevent vehicle operation based on detected blood alcohol concentration and driver identity. This regular reverification process would detect a second occupant in the driver’s seat, verify their identity and determine appropriate vehicle actions.)
Regarding claim 16, Newberry discloses;
detecting that the first vehicle occupant is in a driver seat and is touching the fingerprint sensor and identifying the first vehicle occupant based on the fingerprint detected by the fingerprint sensor (biosensor 100). (Paragraph 216 describes vehicle user authorization of vehicle functions through the use of fingerprint verification. This would establish a driver in the seat, with fingerprint information.)
Regarding claim 17, Newberry discloses;
further comprising, in response to the BAC level exceeding the set threshold, at least one of i) preventing starting of the host vehicle, ii) maintaining the host vehicle in parked state, and iii) limiting operations of the host vehicle, wherein a start and stop switch of the host vehicle comprises a fingerprint sensor for detecting the fingerprint and a transdermal sensor for detecting the BAC level, and the start and stop switch is used to start the host vehicle when a brake pedal of the host vehicle is pressed. (fig. 34 and paragraphs 234-236 describe the control module as controlling the vehicle to prevent the ignition system from starting the vehicle or the transmission from being shifted to allow the vehicle to move. A brake interlock mechanism, which prevents a vehicle from starting without the operator first depressing the brake pedal, is a well-known device in the industry and would have been known to a practitioner of the art before the effective filing date of the claimed invention.)
Regarding claim 20, Newberry in view of Kim discloses;
further comprising: detecting that a driver of the host vehicle has changed from the first vehicle occupant to the second vehicle occupant;
detecting a second fingerprint (fingerprint recognition unit 300; Kim, paragraph 41), a second BAC level and a second anatomical feature (first photographing unit 200; Kim, paragraph 38) of the second vehicle occupant; and
permitting the second vehicle occupant to drive the host vehicle in response to verifying that the detected second fingerprint and the second anatomical feature are of the second vehicle occupant, and the second BAC level of the second vehicle occupant is below the set threshold. (Kim, paragraph 38 describes a first photography unit which photographs the driver’s face. Paragraph 41 describes a fingerprint recognition unit which scans the driver’s fingerprint information. Paragraph 43 describes an integrated control unit as preventing vehicle operation based on detected blood alcohol concentration and driver identity. The ability to prevent vehicle operation, necessarily includes the ability to allow vehicle operation under the prescribed requirements. Paragraph 30 describes prohibiting a vehicle start when replacement driver fraud has been detected through the use of driver verification utilizing the camera and fingerprint scanner. Verification results which match a driver’s photograph to their fingerprint and a BAC level below the set threshold, allow for vehicle operation.)
Regarding claim 21, Newberry in view of Kim discloses;
further comprising a switch separate from the device and configured to start the host vehicle when pressed by the first vehicle occupant, (Paragraph 192 of Newberry describes the biosensor as consisting of a plurality of biosensors which are part of various control buttons with a key fob, an ignition control, and a gear shift given as examples. This would include an ignition switch which does not include a biosensor.)
wherein the control module is configured to determine whether the first vehicle occupant is authenticated based on output of the fingerprint sensor, (Kim, paragraph 41 describes a fingerprint recognition unit which scans the driver’s fingerprint information. Paragraph 43 describes an integrated control unit as preventing vehicle operation based on detected blood alcohol concentration and driver identity. The ability to prevent vehicle operation, necessarily includes the ability to allow vehicle operation under the prescribed requirements.)
prevent starting of the host vehicle via the switch when at least one of i) the first vehicle occupant is not authenticated, and ii) the first vehicle occupant has a BAC level above the set threshold. (Newberry, paragraph 192 describes collecting biosensor information from multiple touch sensors to obtain health information for the operator. Paragraph 216 of Newberry describes the vehicle control system as preventing starting of the ignition based on biosensor measurements.)
Claim(s) 8 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Newberry in view of Kim and further in view of Hicks (US 2022/0032769 A1).
Regarding claim 8, Newberry in view of Kim, discloses the features of claim 1, but does not disclose a mobile application configured to setup the driver BAC verification systems, however, Hicks teaches;
wherein the control module is configured to setup the driver BAC verification system via a mobile application implemented in a module of the host vehicle or in a mobile device (mobile device 31; paragraph 22) separate from the host vehicle. (Paragraph 22 of Hicks the use of a mobile device to control a vehicle control system with impaired driver prevention and biometric detection and to complete initial setup of the system.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Newberry in view of Kim to include a control module which is configured to setup the driver BAC verification system via a mobile application implemented in a module of the host vehicle or in a mobile device separate from the host vehicle as taught by Hicks, as the references and the claimed invention are directed to vehicle control systems. As disclosed by Hicks, it is well known for a control module to be configured to setup the driver BAC verification system via a mobile application implemented in a module of the host vehicle or in a mobile device separate from the host vehicle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Newberry in view of Kim to include a control module which is configured to setup the driver BAC verification system via a mobile application implemented in a module of the host vehicle or in a mobile device separate from the host vehicle as taught by Hicks, as such a modification would permit the user’s system to function only with their authorized vehicles. (paragraph 22 of Hicks).
Regarding claim 18, Newberry in view of Kim discloses the features of claim 11, but does not disclose a mobile application configured to setup the driver BAC verification systems, however, Hicks teaches;
further comprising setting up a driver BAC verification system, which is implementing the driver BAC verification method, via a mobile application implemented in a module of the host vehicle or in a mobile device (mobile device 31; paragraph 22) separate from the host vehicle. (Paragraph 22 of Hicks the use of a mobile device to control a vehicle control system with impaired driver prevention and biometric detection and to complete initial setup of the system.)
As described fully above (see claim 8), a person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Newberry in view of Kim to include the teachings of Hicks, as both the references and the claimed invention are directed to vehicle control systems and as disclosed by Hicks, it is well known for a vehicle control system to include the above features. A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Newberry in view of Kim to include the teachings of Hicks, as such a modification would permit the user’s system to function only with their authorized vehicles as described in paragraph 22 of Hicks.
Conclusion
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/SCOTT LAWRENCE STRICKLER/Examiner, Art Unit 3612
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614
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