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 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.
Claims 21,22,24-27,29-34 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wei (fig 16;US 20200359908 A1).
Regarding claim 21, Wei discloses a system for monitoring health of one or more users of a two-wheeled vehicle(para 0196, fig 16), the system comprising: at least one sensor(1604) disposed at one or more locations on the vehicle(para 0197), each of the at least one sensor configured to generate a heartrate detection signal upon contact with each of the one or more users(para 0198), wherein the heartrate detection signal is indicative of a heart rate of the corresponding one or more users(para 0198); and a control unit(1606, para 0197-0199), disposed in the vehicle and communicably coupled to each of the at least one sensor, the control unit configured to: receive, the heartrate detection signal from the at least one sensor(para 0197-0199); compute, health parameters corresponding to each of the one or more users based on the heartrate detection signal; compare, the computed health parameters with reference health parameters; and alert, the one or more users prior to starting of the vehicle(para 0198; as soon as the hands grasp the handlebar information of the rider is detected), when at least one computed health parameter deviates from the corresponding reference health parameter(para 0197-0199).
Regarding claim 22, Wei discloses wherein the health parameters computed by the control unit comprises at least one of: Spo2 levels, heart rate variability(para 0198), maximum heart rate, target heart rate, Body Mass Index (BMI), Tachycardia, Bradycardia, average Inter-beat-intervals and a root mean square of successive differences between normal heartbeats (RMSSD).
Regarding claim 24, Wei discloses wherein the control unit is configured to alert the one or more users via at least one of a visual alert, a tactile alert and an audible alert(para 0199).
Regarding claim 25, Wei discloses wherein the control unit is communicably coupled to an instrument cluster of the vehicle, the instrument cluster being capable of alerting the one or more users, and the instrument cluster comprises a display unit(alert unit; para 0199) configured to one of: display, the health parameters corresponding to the one or more users upon computation by the control unit; and visually alert, the one or more users when at least one computed health parameter deviates from the corresponding reference health parameter(para 0199).
Regarding claim 26, Wei discloses wherein the at least one sensor and the control unit are communicably coupled to a battery module(1609) of the vehicle.
Regarding claim 27, Wei discloses wherein the system is capable of being activated via one of: a switch(1610) mounted on a handlebar of the vehicle(para 0201), a voice command from the one or more users, and by contacting the at least one sensor via a fingertip of the one or more users.
Regarding claim 29, Wei discloses wherein the at least one sensor is disposed on a handlebar(para 0198) for monitoring health parameters of a rider of the vehicle or on a seat for monitoring health parameters of a pillion rider of the vehicle.
Regarding claim 30, Wei discloses wherein the control unit is configured to monitor the health parameters of the one or more user periodically for a predetermined duration of time(para 0197).
Regarding claim 31, Wei discloses a method of monitoring health of one or more users of a two-wheeled vehicle(para 0198-0200), comprising: receiving, by a control unit(1606), a heartrate detection signal(para 0198) from at least one sensor(1604), the at least one sensor being disposed at one or more locations on the vehicle, wherein each of the at least one sensor is configured to generate the heartrate detection signal upon contact with each of the one or more users(para 0198), the heartrate detection signal being indicative of a heart rate of the corresponding one or more users; computing(para 0199), by the control unit, health parameters corresponding to each of the one or more users based on the heartrate detection signal(para 0199); comparing, by the control unit, the computed health parameters with reference health parameters; and alerting(para 0199), by the control unit, the one or more users prior to starting of the vehicle(para 0198), when at least one computed health parameter deviates from the corresponding reference health parameter.
Regarding claim 32, Wei discloses alerting(para 0199), by the control unit via an instrument cluster(para 0200) of the vehicle the one or more users, when at least one computed health parameter deviates from the corresponding reference health parameter.
Regarding claim 33, Wei discloses displaying(para 0199), by the control unit via a display unit(alert unit) of the instrument cluster one of: the health parameters corresponding to the one or more users upon computation by the control unit; and the one or more users when at least one computed health parameter deviates from the corresponding reference health parameter.
Regarding claim 34, Wei discloses comprising, activating, by the control unit, a system for monitoring the health of the one or more users via one of: a switch(1610) mounted on a handlebar of the vehicle(para 0201), a voice command from the one or more users and by contacting the at least one sensor via a fingertip of the one or more users.
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 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) 23,28,35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wei(fig 16;US 20200359908 A1) in view of Shabnam(US 20210195981 A1)
Regarding claim 23, Wei discloses a control unit(1606, para 0200, 0201) . However, he does not disclose a memory unit. Shabnam discloses a similar health monitoring system wherein a control unit is communicably coupled to a memory unit for storing data pertaining to the reference health parameters and the computed health parameters(para 0012,0013). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wei such that the system comprises a memory unit coupled to the control unit to provide a localized source of stored information of instant access.
Regarding claim 28, Wei does not specify the control unit can prevent the starting of the vehicle. However, Shabnam discloses a similar health monitoring system wherein the control unit(108) is adapted to disconnect an ignition system of the vehicle from a battery module for preventing starting of the vehicle by the one or more users(para 0042), when at least one computed health parameter deviates from the corresponding reference health parameter (para 0042). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wei such that the control unit prevents the starting of the vehicle when irregular health patterns are detected to prevent potentially dangerous situations as the user’s focus is affected.
Regarding claim 35, Wei does not specify the control unit can prevent the starting of the vehicle. However, Shabnam discloses a similar health monitoring system wherein the control unit(108) is adapted to disconnect an ignition system of the vehicle from a battery module for preventing starting of the vehicle by the one or more users(para 0042), when at least one computed health parameter deviates from the corresponding reference health parameter (para 0042). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Wei such that the control unit prevents the starting of the vehicle when irregular health patterns are detected to prevent potentially dangerous situations as the user’s focus is affected.
Conclusion
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SHAMS . DHANANI
Examiner
Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614