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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As per claim 10, it is unclear whether the vehicle of claim 10 is the same or different than the vehicle in claim 9 as “A vehicle” is recited in the preamble of claim 10 and “a vehicle” is also recited in the preamble of claim 9.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 7-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Prinz (US 2019/0061772).
As per claims 1, 9, and 10, Prinz discloses an emergency assistance system (system 10) for a vehicle (see at least para. 56 for vehicle) that includes at least one interior element (see at least para. 98 for sunroof), the emergency assistance system comprising:
a processor device (control unit 12); and
a memory storing program code (implied as this is a computer implemented method) that, when executed by the processor device, causes the emergency assistance system to:
detect an occupant state signal which signals that a specified pathological state of an occupant of the vehicle at least restricts an ability of the occupant to drive the vehicle to a specified extent (see at least para. 82-87 for receiving physiological parameters to determine state of health, state of well-being, or illness such as fatigue);
activate an emergency assistance system of the vehicle and provide an emergency signal to carry out at least one support measure for the occupant (see at least para. 98 for module 132 opens the windows or sunroof in response to state of health or well-being of the driver such as fatigue); and
while the emergency signal is present, control an adjustment drive of the at least one interior element (see at least para. 98 for module 132 opens the windows or sunroof in response to state of health or well-being of the driver such as fatigue; wherein the claim limitations do not require the support measure and control of the adjustment drive to be distinct),
wherein a position of the at least one interior element is adjusted to a specified target position (see at least para. 98 for module 132 opens the windows or sunroof in response to state of health or well-being of the driver such as fatigue; wherein the specified target position is open), and
wherein, in the specified target position, a movement space delimited by way of the at least one interior element is increased for entry and/or exit of the occupant (see at least para. 98 for module 132 opens the windows or sunroof in response to state of health or well-being of the driver such as fatigue; wherein having a window or sunroof open increases options for egress).
Re claim 7, Prinz further discloses wherein the occupant state signal is determined by capturing at least one vital sign and/or an attention parameter of the occupant (see at least para. 59 and 84 for camera to detect fatigue or nodding off).
Re claim 8, Prinz further discloses wherein the occupant state signal is captured by way of an interior camera of the vehicle and/or by way of a vital sign measuring device inside or outside the vehicle, and/or by way of an actuation sensor of the vehicle (see at least para. 59 and 84 for camera to detect fatigue or nodding off).
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Prinz in view of Meng (US 2019/0370577).
As per claim 6, Prinz is silent regarding, but Meng teaches wherein the at least one support measure comprises controlling a communication device assigned to the vehicle to send out an emergency call signal for an emergency service (see at least para. 178 for when fatigue is detected then calling a predetermined contact).
It would have been obvious to modify the system of Prinz with the features of Meng for guaranteeing the driver’s personal and/or property safety when the driver state is determined to be distracted by establishing communication to a predetermined contact.
Allowable Subject Matter
Claims 2-5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT NGUYEN whose telephone number is (571)272-4838. The examiner can normally be reached M-F 8AM - 4PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ANNA MOMPER can be reached at (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT T NGUYEN/PRIMARY EXAMINER, Art Unit 3619