DETAILED ACTION
Response to Amendment
The arguments filed on 1/27/26 have been entered
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
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.
Claim(s) 1-5, 7-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riedel et al (US PG Pub no. 2017/0282856) in view of Kato et al (US PG Pub No. 2020/0391696).
Regarding claim 1, Riedel teaches A wearable system communicatively coupled with a vehicle, comprising:
A wearable device (102 figure 1) configured to acquire physiological data from a user; and
one or more processors (304 figure 2 and 3) communicatively coupled with the vehicle and the finger-worn wearable ring device, the one or more processors configured to:
determine that the user is positioned within a determined proximity of the vehicle based, at least in part, on a communication detected between the vehicle and the wearable device; (410 figure 4 414 figure 4 paragraph 46-47)
retrieve the physiological data measured from the user via the finger-worn wearable ring device based, at least in part, on the determination that the user is positioned within the determined proximity of the vehicle; and (702 figure 7 paragraph 52)
transmit, to the vehicle, a signal configured to cause the vehicle to selectively adjust one or more operational parameters of the vehicle based at least in part on the physiological data. (figure 7 710 yes/no 714 if heart rate are similar paragraph 53 yes allow communication… paragraph 57-59 authorized to implement table 3 and personalized vehicle settings in vehicle. Also 834 figure 8c paragraph 42 for more concise explanation)
Riedel does not explicitly teach however Kato teaches that the wearable device is a finger worn wearable ring (1 figure 1 abstract)
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Ridel based on the teachings of Kato to teach that the wearable device is a finger worn wearable ring. The motivation would e to determine is user is authorized (abstract).
Regarding claim 2, Riedel teaches wherein the one or more processors are further configured to:
compare the physiological data collected via the finger-worn wearable ring device to a stored user profile associated with the user, wherein transmitting the signal to selectively adjust the one or more operational parameters (table 1 and 2 paragraph 36-39) is based at least in part on the physiological data collected via the finger-worn wearable ring device matching baseline physiological data associated with the stored user profile, and wherein the selective adjustment of the one or more operational parameters is in accordance with a set of configured operational parameters associated with the stored user profile. (834 figure 8c paragraph 61 paragraph 42 see for more concise explanation).
Regarding claim 3, Riedel teaches wherein the set of configured operational parameters is from a plurality of sets of configured operational parameters, and wherein each set of configured operational parameters is associated with a different vehicle type. (paragraph 43 examiner interprets different vehicle type as different geographical locations that vehicle is parked then in paragraph 44 sophia returns to car and operational parameter like climate control, mood, radio are adjusted for Sophia or Jackson)
Regarding claim 4, Riedel teaches wherein the set of configured operational parameters is from a plurality of sets of configured operational parameters, and wherein each set of configured operational parameters is associated with a different position of the user within the vehicle (paragraph 35 and 43 sophia or Jackson are different position of user. User = operation ID. Position is automotive operator).
Regarding claim 5, Riedel teaches wherein, to transmit the signal configured to cause the vehicle to selectively adjust the one or more operational parameters, the one or more processors are further configured to:
transmit the signal configured to cause the vehicle to selectively adjust the one or more operational parameters in a first portion of the vehicle based at least in part on a first position of the user within the vehicle; or (paragraph 35 position is automotive operator. User = operation ID)
transmit the signal configured to cause the vehicle to selectively adjust the one or more operational parameters in a second portion of the vehicle based at least in part on a second position of the user within the vehicle. (figure 7 714 gather operator heart rate, to then enable communication then 834 figure 8c; paragraph 42 for a more concise explanation)
Regarding claim 7, Riedel teaches wherein, to transmit the signal configured to cause the vehicle to selectively adjust the one or more operational parameters, the one or more processors are further configured to:
transmit the signal configured to cause the vehicle to selectively adjust the one or more operational parameters a configured duration after the physiological data satisfies one or more trigger conditions. (paragraph 45 operates current biometric; adjust entertainment content or sports suspension 834 figure 8c or 916 figure 9 or 1012 figure 10).
Regarding claim 8, Riedel teaches wherein the one or more trigger conditions comprises the user waking up, the user completing a workout, or the user completing one or more routine actions (paragraph 45 end of business day driver stressed… soothing music).
Regarding claim 9, Riedel teaches wherein the one or more processors are further configured to:
identify a physiological state of the user, a psychological state of the user, or both, based at least in part on the physiological data, wherein the selective adjustment of the one or more operational parameters of the vehicle is based at least in part on the physiological state of the user, the psychological state of the user, or both. (paragraph 45 see claim 8).
Regarding clam 10, Riedel teaches wherein the physiological state of the user, the psychological state of the user, or both, are associated with a mode from a plurality of modes, and wherein each mode of the plurality of modes is associated with a different selective adjustment of the one or more operational parameters of the vehicle (paragraph 45 see claim 8).
Regarding claim 11, Riedel teaches wherein the one or more processors are further configured to:
receive an indication of a destination of the user; and (paragraph 64 driving to work)
determine a navigational route (paragraph 64 coffee order ready as approaches Emma coffee is the route) from a current position of the user to the destination based at least in part on the physiological data, wherein the one or more operational parameters of the vehicle comprises one or more route determination settings. (916 figure 9 paragraph 64 auto company can ask operator whether he/she wishes to purchase coffee from Emma coffee shop on her way to her place of business)
Regarding claim 12, Riedel teaches wherein the one or more processors are further configured to:
receive an indication of an incoming message, an incoming call, or both; and
determine whether or not to cause one or more components of the vehicle to alert the user of the incoming message, the incoming call, or both, based at least in part on the physiological data and based at least in part on determining that the user is driving the vehicle, wherein the one or more operational parameters of the vehicle comprises one or more alert settings. (1014 figure 10).
Regarding claim 13, Riedel teaches wherein the one or more processors are further configured to:
determine that the user is experiencing an altered state of consciousness based at least in part on the physiological data, wherein the signal is configured to cause the vehicle to disable the one or more operational parameters based at least in part on the user experiencing the altered state of consciousness. (712 figure 7 heart rate doesn’t match signature don’t unlock door).
Regarding claim 14, Riedel teaches wherein the one or more operational parameters of the vehicle comprise a vehicle seat setting, a mirror setting, a vehicle climate control setting, an interior lighting setting, a driving performance profile associated with the vehicle, or any combination thereof (table 2 paragraph 38).
Regarding claim 15, Riedel teaches wherein the one or more processors are further configured to:
retrieve second physiological data measured from a second user via a second wearable device based at least in part on determining that the second user is positioned in the determined proximity of the vehicle; and
transmit, to the vehicle, a second signal configured to cause the vehicle to selectively adjust one or more second operational parameters of the vehicle based at least in part on the second physiological data. (paragraph 38-39 operator profile and ID).
Regarding claim 16, Riedel teaches wherein the one or more processors are further configured to:
detect, via the vehicle, a presence of a second user within the vehicle; and
transmit, to the vehicle, a second signal configured to cause the vehicle to selectively adjust one or more second operational parameters of the vehicle based at least in part on detecting the presence of the second user, wherein the selective adjustment of the one or more second operational parameters is in accordance with a default set of operational parameters based at least in part on failing to retrieve physiological data associated with the second user.(paragraph 38-39 and 35).
Regarding claim 17, Riedel teaches wherein the one or more processors are further configured to transmit the signal prior to the user entering the vehicle (paragraph 35 figure 4, 7, 8c).
Regarding claim 18, Riedel teaches wherein the one or more processors are further configured to transmit the signal based at least in part on the user entering the vehicle (paragraph 45).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Riedel et al (US PG Pub no. 2017/0282856) and Kato et al (US PG Pub No. 2020/0391696) in view of Jain (US PG Pub No. 2017/0375477)
Regarding claim 6, Riedel does not explicitly teach however Jain teaches wherein the first position is a driver position, and wherein the second position is a passenger position (abstract 404 -> 408 414 figure 4).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify Riedel and Kato based on the teachings of Jain to teach wherein the first position is a driver position, and wherein the second position is a passenger position. The motivation would be to accurately detect if person is driver or passenger (Jain paragraph 1 and 12)
Response to Arguments
Applicant's arguments filed 1/27/26 have been fully considered but they are not persuasive.
Regarding applicants arguments on page 9 paragraph 1 applicant states that Riedel states that two separate process without any indication or suggestion of the two processes being inter-relteaed… Riedel does not teach… retrieving physiological data… based on user position proximity of vehicle.
Examiner disagrees and asks applicant to refer to paragraph 44-45 where driver biometric data is read based on the proximity of vehicle. Paragraph 42, 57-59 also provides information about data collected.
Conclusion
THIS ACTION IS MADE FINAL. 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 GEORGE C. JIN whose telephone number is (571)272-9898. The examiner can normally be reached 9AM-6PM.
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/GEORGE C JIN/Primary Examiner, Art Unit 3747