DETAILED ACTION
This action is in response to the initial filing filed on December 27, 2024, claims 1-20 have been examined this application.
Information Disclosure Statement
The Information Disclosure Statement (IDS) filed on 12/27/2024 has been acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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
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.
Claims 1-7, and 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over Gomez et al (US 2021/0245763 A1) in view of Maeda (US 2013/0148845 A1) and Ko et al (US 2016/0182892 A1).
Regarding Claim 1, Gomez teaches a control for an in-cabin monitoring system for a vehicle [0020-0021 for using radar to monitor the vehicle interior],
the in-cabin monitoring system including the control [0020-0021],
and a radar device configured to perform a radar measurement to acquire radar data, comprising circuitry configured to [0021 for receiving radar waves that have been transmitted by the radar transmitting unit and have been reflected by an object within the scene]:
obtain time-of-flight data and radar data [0002 for using multiple types of occupancy sensors with 0046 for using pressure sensors (means for using multiple sensor types for occupancy)];
perform, based on the time-of-flight data and the radar data, object/passenger monitoring in the cabin [0020-0021 and 0101 for quantified and tracked movements in the scene are related to an occupant or to external or internal disturbances].
Gomez fails to explicitly teach a time-of-flight device configured to perform a time-of-flight measurement to acquire time-of-flight data.
Maeda has a vehicle occupancy detection involves projecting modulated light onto an occupant from a light source outside of a vehicle (abstract) and teaches a time-of-flight device configured to perform a time-of-flight measurement to acquire time-of-flight data [0003 for detecting vehicle occupant using time of flight data].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the occupant position techniques, as disclosed by Gomez, further including the time of flight calculations as taught by Maeda for the purpose to determine a three-dimensional model of an interior of the vehicle based on the time-of-flight of the reflections (Maeda, 0003).
Gomez fails to explicitly teach detect, based on the time-of-flight data, a region of interest in the cabin; and adapt, based on the detected region of interest, an operation mode of the in-cabin monitoring system.
Ko has a camera system having a time-of-flight illuminator (abstract) and teaches detect, based on the time-of-flight data, a region of interest in the cabin [0028 for direct light to a smaller region within the field of view];
and adapt, based on the detected region of interest, an operation mode of the in-cabin monitoring system [0033 for determining which region of the field of view should be illuminated or scanned].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the occupant position techniques, as disclosed by Gomez, further including the region of interest calculations as taught by Ko for the purpose to consume only a portion of the field of view (Ko, 0033).
Regarding Claim 12, Gomez teaches a control method for an in-cabin monitoring system for a vehicle [0020-0021 for using radar to monitor the vehicle interior],
the in-cabin monitoring system including the control [0020-0021],
and a radar device configured to perform a radar measurement to acquire radar data, comprising [0021 for receiving radar waves that have been transmitted by the radar transmitting unit and have been reflected by an object within the scene]:
obtaining time-of-flight data and radar data [0002 for using multiple types of occupancy sensors with 0046 for using pressure sensors (means for using multiple sensor types for occupancy)];
performing, based on the time-of-flight data and the radar data, object/passenger monitoring in the cabin [0020-0021 and 0101 for quantified and tracked movements in the scene are related to an occupant or to external or internal disturbances].
Gomez fails to explicitly teach a time-of-flight device configured to perform a time-of- flight measurement to acquire time-of-flight data.
Maeda has a vehicle occupancy detection involves projecting modulated light onto an occupant from a light source outside of a vehicle (abstract) and teaches a time-of-flight device configured to perform a time-of-flight measurement to acquire time-of-flight data [0003 for detecting vehicle occupant using time of flight data].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the occupant position techniques, as disclosed by Gomez, further including the time of flight calculations as taught by Maeda for the purpose to determine a three-dimensional model of an interior of the vehicle based on the time-of-flight of the reflections (Maeda, 0003).
Gomez fails to explicitly teach detecting, based on the time-of-flight data, a region of interest in the cabin; and adapting, based on the detected region of interest, an operation mode of the in-cabin monitoring system.
Ko has a camera system having a time-of-flight illuminator (abstract) and teaches detecting, based on the time-of-flight data, a region of interest in the cabin [0028 for direct light to a smaller region within the field of view];
and adapting, based on the detected region of interest, an operation mode of the in-cabin monitoring system [0033 for determining which region of the field of view should be illuminated or scanned].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the occupant position techniques, as disclosed by Gomez, further including the region of interest calculations as taught by Ko for the purpose to consume only a portion of the field of view (Ko, 0033).
Regarding Claim 18, Gomez teaches an in-cabin monitoring system for a vehicle, comprising [0020-0021 for using radar to monitor the vehicle interior]:
a radar device configured to perform a radar measurement to acquire radar data [09020-0021];
and a control, including circuitry configured to [0021 for receiving radar waves that have been transmitted by the radar transmitting unit and have been reflected by an object within the scene]:
obtain time-of-flight data and radar data [0002 for using multiple types of occupancy sensors with 0046 for using pressure sensors (means for using multiple sensor types for occupancy)],
perform, based on the time-of-flight data and the radar data, object/passenger monitoring in the cabin [0020-0021 and 0101 for quantified and tracked movements in the scene are related to an occupant or to external or internal disturbances].
Gomez fails to explicitly teach a time-of-flight device configured to perform a time-of-flight measurement to acquire time-of-flight data.
Maeda has a vehicle occupancy detection involves projecting modulated light onto an occupant from a light source outside of a vehicle (abstract) and teaches a time-of-flight device configured to perform a time-of-flight measurement to acquire time-of-flight data [0003 for detecting vehicle occupant using time of flight data].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the occupant position techniques, as disclosed by Gomez, further including the time of flight calculations as taught by Maeda for the purpose to determine a three-dimensional model of an interior of the vehicle based on the time-of-flight of the reflections (Maeda, 0003).
Gomez fails to explicitly teach detect, based on the time-of-flight data, a region of interest in the cabin, and adapt, based on the detected region of interest, an operation mode of the in-cabin monitoring system.
Ko has a camera system having a time-of-flight illuminator (abstract) and teaches detect, based on the time-of-flight data, a region of interest in the cabin [0028 for direct light to a smaller region within the field of view];
and adapt, based on the detected region of interest, an operation mode of the in-cabin monitoring system [0033 for determining which region of the field of view should be illuminated or scanned].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the occupant position techniques, as disclosed by Gomez, further including the region of interest calculations as taught by Ko for the purpose to consume only a portion of the field of view (Ko, 0033).
Regarding Claim 19, Gomez teaches a vehicle, comprising an in-cabin monitoring system including [0020-0021 for using radar to monitor the vehicle interior]:
a radar device configured to perform a radar measurement to acquire radar data [0020-0021];
and a control, including circuitry configured to [0021 for receiving radar waves that have been transmitted by the radar transmitting unit and have been reflected by an object within the scene]:
obtain time-of-flight data and radar data [0002 for using multiple types of occupancy sensors with 0046 for using pressure sensors (means for using multiple sensor types for occupancy)],
perform, based on the time-of-flight data and the radar data, object/passenger monitoring in the cabin [0020-0021 and 0101 for quantified and tracked movements in the scene are related to an occupant or to external or internal disturbances].
Gomez fails to explicitly teach a time-of-flight device configured to perform a time-of-flight measurement to acquire time-of-flight data.
Maeda has a vehicle occupancy detection involves projecting modulated light onto an occupant from a light source outside of a vehicle (abstract) and teaches a time-of-flight device configured to perform a time-of-flight measurement to acquire time-of-flight data [0003 for detecting vehicle occupant using time of flight data].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the occupant position techniques, as disclosed by Gomez, further including the time of flight calculations as taught by Maeda for the purpose to determine a three-dimensional model of an interior of the vehicle based on the time-of-flight of the reflections (Maeda, 0003).
Gomez fails to explicitly teach detect, based on the time-of-flight data, a region of interest in the cabin, and adapt, based on the detected region of interest, an operation mode of the in-cabin monitoring system.
Ko has a camera system having a time-of-flight illuminator (abstract) and teaches detect, based on the time-of-flight data, a region of interest in the cabin [0028 for direct light to a smaller region within the field of view];
and adapt, based on the detected region of interest, an operation mode of the in-cabin monitoring system [0033 for determining which region of the field of view should be illuminated or scanned].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the occupant position techniques, as disclosed by Gomez, further including the region of interest calculations as taught by Ko for the purpose to consume only a portion of the field of view (Ko, 0033).
Regarding Claim 2 and 13, Gomez fails to explicitly teach adapting an operation mode includes adapting a data processing mode of the control and/or adapting a data acquisition mode of the time-of- flight device and/or the radar device.
Ko has a camera system having a time-of-flight illuminator (abstract) and teaches adapting an operation mode includes adapting a data processing mode of the control and/or adapting a data acquisition mode of the time-of-flight device and/or the radar device [0033 for intelligent recognition and determining which region of the field of view should be illuminated or scanned].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the occupant position techniques, as disclosed by Gomez, further including the region of interest calculations as taught by Ko for the purpose to consume only a portion of the field of view (Ko, 0033).
Regarding Claim 3 and 14, Gomez teaches the circuitry is configured to extract, based on the radar data, information regarding passenger presence and/or behavior of the passenger in the cabin using the detected region of interest as prior knowledge [0104 for trancing movements at the scene and monitoring vital signs].
Regarding Claim 4 and 15, Gomez teaches the circuitry is configured to detect, based on the sensor data, at least one sub-region of interest in the region of interest using the information extracted based on the radar data as prior knowledge [0049 for using regions of interest with range and azimuth].
Gomez fails to explicitly teach time of flight data.
Maeda has a vehicle occupancy detection involves projecting modulated light onto an occupant from a light source outside of a vehicle (abstract) and teaches a time-of-flight data [0003 for detecting vehicle occupant using time of flight data].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the occupant position techniques, as disclosed by Gomez, further including the time of flight calculations as taught by Maeda for the purpose to determine a three-dimensional model of an interior of the vehicle based on the time-of-flight of the reflections (Maeda, 0003).
Regarding Claim 5 and 16, Gomez teaches the circuitry is configured to extract, based on the time-of-flight data and the radar data, information regarding passenger presence and/or behavior of the passenger in the cabin in the sub-region of interest [0049 for several occupants at different range-angle regions of interest can be enabled, and simultaneous monitoring of vital signs of these occupants].
Regarding Claim 6 and 17, Gomez teaches adapting a data acquisition mode of the radar device includes adapting device parameters including at least one of a frame rate, a field of view, an angular/distance/velocity resolution and a power mode [0054 for using MIMO antenna configuration and 0059 for which range information, Doppler information and angle-of-arrival information can be derived].
Regarding Claim 7, Gomez fails to explicitly teach adapting a data acquisition mode of the time- of-flight device includes adapting device parameters including at least one of an integration time, a frame rate, a modulation frequency, a field of illumination, multi-wavelength light emission and a power mode.
Ko has a camera system having a time-of-flight illuminator (abstract) and teaches adapting a data acquisition mode of the time-of-flight device includes adapting device parameters including at least one of an integration time, a frame rate, a modulation frequency, a field of illumination, multi-wavelength light emission and a power mode [0026-0027 for more intense beam of light that can be directed to various regions of interest within the illuminator's field of view].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the occupant position techniques, as disclosed by Gomez, further including the region of interest calculations as taught by Ko for the purpose to generate a detectable signal at the image sensor (Ko, 0029).
Regarding Claim 11, Gomez teaches performing object/passenger monitoring includes detecting a presence of an object/passenger in the cabin, registration of the detected object/passenger, tracking of the detected object/passenger in the cabin and recognition of a behavior of the detected object/passenger [0035 for a presence of several occupants in the vehicle interior can be detected and their positions].
Regarding Claim 20, Gomez fails to explicitly teach the vehicle is a car, and wherein the time-of-flight device is installed at a middle top-roof position and the radar device is installed at the rear-mirror position.
Maeda has a vehicle occupancy detection involves projecting modulated light onto an occupant from a light source outside of a vehicle (abstract) and teaches the vehicle is a car, and wherein the time-of-flight device is installed at a middle top-roof position and the radar device is installed at the rear- mirror position [0014-0015 for installation outside the vehicle and using different sensor views].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the occupant position techniques, as disclosed by Gomez, further including the time of flight calculations as taught by Maeda for the purpose to determine a three-dimensional model of an interior of the vehicle based on the time-of-flight of the reflections (Maeda, 0003).
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Gomez et al (US 2021/0245763 A1) in view of Maeda (US 2013/0148845 A1) and Ko et al (US 2016/0182892 A1), as applied to Claim 1 above, and further in view of Li (US 2003/0201894 A1).
Regarding Claim 8, Gomez fails to explicitly teach the circuitry is configured to: put the radar device in a reduced power mode when a predetermined state of the vehicle is detected; and detect, based on radar data acquired in the reduced power mode, passenger presence in the cabin.
Li has a motion sensing system and method for detecting an occupant in a vehicle (abstract) and teaches the circuitry is configured to: put the radar device in a reduced power mode when a predetermined state of the vehicle is detected [0022 for generates a trigger signal, caused by large movement in the radar detecting zone];
and detect, based on radar data acquired in the reduced power mode, passenger presence in the cabin [0022 for working in energy savings mode].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the occupant position techniques, as disclosed by Gomez, further including the power calculations as taught by Li for the purpose o determine if the inside temperature is critically high to any trapped occupant (Li, 0022).
Regarding Claim 9, Gomez fails to explicitly teach the circuitry is configured to put, in response to the detection of passenger presence in the cabin, the time-of-flight device in a normal power mode for detecting a region of interest.
Ko has a camera system having a time-of-flight illuminator (abstract) and teaches the circuitry is configured to put, in response to the detection of passenger presence in the cabin, the time-of-flight device in a normal power mode for detecting a region of interest [0029 for avoiding excessive power consumption by the light source that generates the emitted light].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the occupant position techniques, as disclosed by Gomez, further including the region of interest calculations as taught by Ko for the purpose to generate a detectable signal at the image sensor (Ko, 0029).
Regarding Claim 10, Gomez fails to explicitly teach the circuitry is configured to put, in response to the detection of the region of interest, the radar device in a normal power mode.
Li has a motion sensing system and method for detecting an occupant in a vehicle (abstract) and teaches the circuitry is configured to put, in response to the detection of the region of interest, the radar device in a normal power mode [0022 for generates a trigger signal, caused by large movement in the radar detecting zone and working in energy savings mode].
It would have been obvious to a person of ordinary skill in the art before the effective filling date of the applicant’s invention for modifying the occupant position techniques, as disclosed by Gomez, further including the power calculations as taught by Li for the purpose o determine if the inside temperature is critically high to any trapped occupant (Li, 0022).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Metz et al (US 2014/0253688 A1) has a time-of-flight sensor device generates and analyzes a high-resolution depth map frame from a high-resolution image.
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/SAMARINA MAKHDOOM/
Examiner, Art Unit 3648
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