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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07 January 2025 and 05 March 2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0016], line 9: A – comma – should be inserted prior to the term “such.”
Paragraph [0031], line 5: A – comma – should be inserted prior to the term “such” and after the term “motor.”
Paragraph [0033], line 3: A – comma – should be inserted prior to the term “such.”
Paragraph [0035], lines 7 and 12: A – comma – should be inserted prior to the term “such.”
Paragraph [0069], lines 6 and 33: The article – the – should be inserted prior to the term “doors.”
Paragraph [0069], lines 12 and 39: A – colon – should be inserted after the term “includes.”
Paragraph [0069], lines 13, 16, 19, 26, 40, 43, 46, and 53: A – semicolon – should replace each occurrence of a “comma.”
Paragraph [0070], lines 2, 7, 8, and 9: A – comma – should be inserted prior to the term “such.”
Appropriate correction is required.
Claim Objections
Claims 2-3 and 5-6 are objected to because of the following informalities:
Re claim 2, claim line 2: A – colon – should be inserted after the term “comprises.”
Re claim 2, claim lines 3, 6 and 9: A – semicolon – should replace each occurrence of a “comma.”
Re claim 3, claim line 4: A – semicolon – should replace the “comma.”
Re claim 5, claim line 2: A – colon – should be inserted after the term “comprises.”
Re claim 5, claim lines 3, 6, and 9: A – semicolon – should replace each occurrence of a “comma.”
Re claim 6, claim line 4: A – semicolon – should replace the “comma.”
Appropriate correction is required.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2011-240854 (Takeshi).
With respect to the limitations of claim 1, Takeshi discloses an alcohol detection apparatus comprising:
an alcohol sensor configured to detect an alcohol component included in exhaled breath of an occupant of a vehicle (an alcohol sensor (243) receives exhaled breath from a individual); and
a control circuit (ECU 100) configured to, based on a detection result of a door sensor (door sensor 245) configured to detect an open or closed state of a driver’s door of the vehicle, control the alcohol sensor not to perform an initialization operation (start of a drinking detection process, standing by until an interfering gas concentration drops below a reference value) in a period in which the driver’s door is in an open state, and control the alcohol sensor to perform the initialization operation after the driver’s door enters the closed state (a start intention, such as opening and closing a door of the vehicle, specifically the driver’s door, is detected by an intention detection means to initiate a drunk driving prevention control by the ECU 100 – paragraphs [0021-0022], [0039-0040], [0055], [0063],[0101-0102], and [0106] and Figures 1 and 5). Takeshi fails to disclose detecting the open or closed state of each of the doors of the vehicle; however, the Examiner argues that in light of connecting initialization to the driver’s door of the vehicle, one of ordinary skill in the art at the time of filing the invention is capable of tying initialization to all of the vehicle’s doors to prevent overriding of the system by allowing a passenger to activate the system if the driver is drunk or if the driver is sitting in a passenger seat.
Claims 1, 3-4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over GB 1468619 (Kanagawa-ku).
With respect to the limitations of claim 1, Kanagawa-ku discloses an alcohol detection apparatus comprising:
an alcohol sensor configured to detect an alcohol component included in exhaled breath of an occupant of a vehicle (an alcohol level detecting circuit (26) delivers a first output voltage V1 indicative of the concentration, if any, of alcohol contained in the exhaled air blown into a tube (10) – col. 3, lines 96-126 and Figures 1-2); and
a control circuit configured to, based on a detection result of a door sensor configured to detect an open or closed state of a driver’s door of the vehicle, control the alcohol sensor not to perform an initialization operation in a period in which the driver’s door is in an open state, and control the alcohol sensor to perform the initialization operation after the driver’s door enters the closed state (a power source (36) is connected across a normally open switch (38) which is linked with a switch responsive to a door sensor, such that the switch (38) is closed when the door of the vehicle is fully closed from an open condition; and a voltage is modified by a voltage regulator (40) when the switch (38) is closed. The alcohol level detecting circuit (26) is connected to first and second terminals of the voltage regulator (40), such that circuit is initialized when the door is closed – col. 4, lines 66-127 and Figure 3). Kanagawa-ku fails to disclose detecting the open or closed state of each of the doors of the vehicle; however, the Examiner argues that in light of connecting initialization to the driver’s door of the vehicle, one of ordinary skill in the art at the time of filing the invention is capable of tying initialization to all of the vehicle’s doors to prevent overriding of the system by allowing a passenger to activate the system if the driver is drunk or if the driver is sitting in a passenger seat.
With respect to the limitations of claim 3, Kanagawa-ku further discloses stopping supply of electric power to the alcohol sensor in the period in which one of more doors are in the open state (a power source (36) is connected across a normally open switch (38) which is linked with a switch responsive to a door sensor, such that the switch (38) is closed when the door of the vehicle is fully closed from an open condition; and a voltage is modified by a voltage regulator (40) when the switch (38) is closed. The alcohol level detecting circuit (26) is connected to first and second terminals of the voltage regulator (40), such that circuit is initialized when the door is closed – col. 4, lines 66-127 and Figure 3); and supply the electric power to the alcohol sensor after the door enters the closed state (power to alcohol level detecting circuit (26) is initialized when switch (38) is closed after receiving an indication that the door of the vehicle has been closed from an open state - col. 4, lines 66-127 and Figure 3). Kanagawa-ku fails to disclose detecting the closed state of all of the doors of the vehicle; however, the Examiner argues that in light of connecting initialization to the driver’s door of the vehicle, one of ordinary skill in the art at the time of filing the invention is capable of tying initialization to all of the vehicle’s doors to prevent overriding of the system by allowing a passenger to activate the system if the driver is drunk or if the driver is sitting in a passenger seat.
With respect to the limitations of claim 4, Kanagawa-ku discloses an alcohol detection apparatus comprising:
an alcohol sensor configured to detect an alcohol component included in exhaled breath of an occupant of a vehicle (an alcohol level detecting circuit (26) delivers a first output voltage V1 indicative of the concentration, if any, of alcohol contained in the exhaled air blown into a tube (10) – col. 3, lines 96-126 and Figures 1-2); and
a control circuit configured to, based on a detection result of a door lock sensor configured to detect a lock state of the driver’s door of the vehicle, control the alcohol sensor not to perform an initialization operation in a period in which the lock state of the door is in an unlocked state, and control the alcohol sensor to perform the initialization operation after the lock state of the driver’s door becomes a locked state (a power source (36) is connected across a normally open switch (38) which is linked with a switch responsive to a door sensor, such that the switch (38) is closed when the door of the vehicle is fully closed and locked from an open condition; and a voltage is modified by a voltage regulator (40) when the switch (38) is closed. The alcohol level detecting circuit (26) is connected to first and second terminals of the voltage regulator (40), such that circuit is initialized when the door is closed – col. 4, lines 66-127 and Figure 3). Kanagawa-ku fails to disclose detecting the locked state of all of the doors of the vehicle; however, the Examiner argues that in light of connecting initialization to the driver’s door of the vehicle, one of ordinary skill in the art at the time of filing the invention is capable of tying initialization to all of the vehicle’s doors to prevent overriding of the system by allowing a passenger to activate the system if the driver is drunk or if the driver is sitting in a passenger seat.
With respect to the limitations of claim 6, stopping supply of electric power to the alcohol sensor in the period in which the lock state of each of one or more of the doors is the unlocked state (a power source (36) is connected across a normally open switch (38) which is linked with a switch responsive to a door sensor, such that the switch (38) is closed when the door of the vehicle is fully closed and locked from an open condition; and a voltage is modified by a voltage regulator (40) when the switch (38) is closed. The alcohol level detecting circuit (26) is connected to first and second terminals of the voltage regulator (40), such that circuit is initialized when the door is closed – col. 4, lines 66-127 and Figure 3); and supplying the electric power to the alcohol sensor after the lock state of the driver’s door enters the locked state (power to alcohol level detecting circuit (26) is initialized when switch (38) is closed after receiving an indication that the door of the vehicle has been closed and locked from an open state - col. 4, lines 66-127 and Figure 3). Kanagawa-ku fails to disclose detecting the locked state of all of the doors of the vehicle; however, the Examiner argues that in light of connecting initialization to the driver’s door of the vehicle, one of ordinary skill in the art at the time of filing the invention is capable of tying initialization to all of the vehicle’s doors to prevent overriding of the system by allowing a passenger to activate the system if the driver is drunk or if the driver is sitting in a passenger seat.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter:
Prior art was not relied upon to reject claims 2 and 5 because the prior art of record fails to teach and/or make the following obvious:
Claim 2: Providing an apparatus wherein the alcohol sensor comprises a cover provided at the inlet and configured to take a first state of covering the inlet or a second state of exposing the inlet, and the control circuit is configured to bring a state of the cover into the first state in the period in which one or more of the doors are in the open state, and bring the state of the cover into the second state in a period in which all the doors are in the closed state in combination with all of the remaining limitations of the claim and all of the limitations of the base claim.
Claim 5: Providing an apparatus, wherein the alcohol sensor comprises a cover provided at the inlet and configured to take a first state of covering the inlet or a second state of exposing the inlet, and the control circuit is configured to bring a state of the cover into the first state in the period in which the lock state of each of one or more of the doors is the unlocked state, and bring the state of the cover into the second state in a period in which the lock state of each of all the doors is the locked state in combination with all of the remaining limitations of the claim and all of the limitations of the base claim.
Claims 2 and 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art to US 20210101482 discloses an interlock device that uses a signal that the door of a vehicle is closed as a precondition before energizing an alcohol sensor.
The prior art to JP 2010-0237842, KR 101535296, and CN204541378 disclose systems for unlocking a door when a breath value is below a threshold.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL SEAN LARKIN whose telephone number is 571-272-2198. The examiner can normally be reached M-F 9:00 AM - 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Sweeney can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL S LARKIN/ Primary Examiner, Art Unit 2855
