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 .
Claim Status
This Office Action is in response to communications filed on 9/18/2024. Claims 1-20 are pending for examination.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6, 9, 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno (U.S. Patent Application Pub. U.S. 2012/0245763 A1) in view of YOKOYAMA et al. (U.S. Patent Application Pub. 2024/0083446).
Regarding claim 1, Mizuno teaches a vehicle control device (Figs 1-8; drunk driving prevention system with on-vehicle component 100/100’ & external server 200 in Figs 1 & 5; ¶022-¶023) comprising:
a memory (Figs 1, 5, ¶024; a storage unit 104 and storage unit 204 per ¶032-¶035) configured to store program instructions (storage unit 104 may be constituted by a plurality of storage devices including a work memory (a RAM) and the like, also see ¶034- ¶035);
an alcohol sensor (an alcohol detection sensor 122) configured to measure a blood alcohol concentration (BAC) of a driver operating a host vehicle; and
a processor (Figs 1, 5, ¶024; calculation processing unit 102 and calculation processing unit 202 per ¶032-¶035) configured to execute the program instructions (¶024; calculation processing unit 102 may be constituted by a CPU or the like,
wherein the processor is configured to:
acquire driver information (¶028; fingerprint authentication unit 120 is preferably provided at a location where data on the fingerprint of a driver may be acquired. The fingerprint authentication unit 120 may be provided on, for example, a steering wheel. The fingerprint authentication unit 120 may acquire the latest data on the fingerprint of a driver on a predetermined cycle. This is because the driver may be replaced with another driver in between times. The fingerprint authentication unit 120 supplies the acquired data on the fingerprint of the driver to the calculation processing unit 102. The calculation processing unit 102 generates the driver identification information, which makes it possible to identify a driver, based on the data on the fingerprint of the driver, and stores the generated information into the storage unit 104);
acquire a region in which the host vehicle is located (¶027; calculation processing unit 102 detects a current position of the vehicle based on the positioning result of the GPS receiver 110. The calculation processing unit 102 generates vehicle current position information indicating the current position of the vehicle, and stores it into the storage unit 104), and legal limits for enforcing drunk driving corresponding to the region (¶035; storage unit 204 stores a plurality of criteria that relate to drunk driving and are different from one another as a result of geographical differences. This is because the criteria that relate to drunk driving (e.g., an alcohol concentration falling under drunk driving) are different from one another as a result of geographical differences (or differences among decrees, ordinances and the like resulting therefrom). The criteria may be created based on a decree, an ordinance, a regulation or the like. Accordingly, the criteria may be created for each area where a decree, an ordinance or the like is enacted. Any area unit may be used as long as it represents geographical ranges with different criteria; also see ¶036);
measure the BAC of the driver via the alcohol sensor (¶029; alcohol detection sensor 122 is disposed in the vicinity of a driver's seat to output a signal corresponding to an alcohol concentration in air. The calculation processing unit 102 detects an alcohol concentration in air in the vicinity of the driver's seat, namely, an alcohol concentration in an exhalation of the driver of the vehicle, based on an output signal of the alcohol detection sensor 122, and stores the detected alcohol concentration into the storage unit 104. By the same token, the calculation processing unit 102 may detect a latest alcohol concentration in an exhalation of a driver on a predetermined cycle);
identify whether the measured BAC falls within a BAC range in which the driver is subject to sanctions according to the legal limits, the BAC range being determined based on the driver information and the legal limits (Fig 3, S306-S308; Fig 7, S702-S706; Fig 8, S806-S809) and
control the host vehicle to come to a stop if the BAC falls within the BAC range (Fig 3; elements S308 – S316, Fig 7 S710; Fig 8; S810-S814).
Mizuno is silent on the acquired driver information comprising an age of the driver. YOKOYAMA from an analogous vehicular environment detection art teaches a vehicle 100 with driving operation detection unit 110, a GPS device 120, a driver information acquisition unit 130, an in-vehicle control device 150, and an indoor environment detection unit 180 (¶032). The driving operation detection unit 110 is a driving operation detection measure to detect an operation state of various types of driving operation provided in the vehicle 100 (¶034). The driver information acquisition unit 130 acquires driver information including an attribute of the driver of the vehicle 100 and vehicle type information of the vehicle 100. The driver information includes age, sex, and a driving history of the vehicle 100 of the driver, as the attribute of the driver (¶045-¶046). Likewise, YOKOYAMA teaches the concept of the acquired driver information comprising an age of the driver (¶045-¶046). Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine Mizuno’s vehicle control device with the concept of the acquired driver information comprising an age of the driver, as taught by YOKOYAMA in order to estimate and utilize for driving assistance a driving characteristic of a driver to perform driving operation of the vehicle.
Regarding claim 2, Mizuno and YOKOYAMA teach the vehicle control device of claim 1, and Mizuno further teaches, wherein the processor is configured to measure the BAC of the driver via the alcohol sensor upon determining closure of a door of a driver seat where the driver is located in the host vehicle (¶042; processing routine shown in FIG. 2 may be activated when the entrance of a user into the vehicle (which is detected, for example, from an on/off state of a door switch or by a load sensor embedded in a seat) is detected or when the driver grips the steering wheel (which is detected by, for example, a touch sensor or the like). After that, when driving is started, the processing routine may be executed on a predetermined cycle until the ignition switch is turned off).
Regarding claim 3, Mizuno and YOKOYAMA teach the vehicle control device of claim 2, and Mizuno further teaches wherein the processor is configured to: reacquire the driver information based on occurrence of a driver change event comprising at least one of opening of the door of the driver seat (¶042; processing routine shown in FIG. 2 may be activated when the entrance of a user into the vehicle (which is detected, for example, from an on/off state of a door switch or by a load sensor embedded in a seat) is detected; and
re-measure the BAC of the driver via the alcohol sensor (¶042; After that, when driving is started, the processing routine may be executed on a predetermined cycle until the ignition switch is turned off).
Regarding claim 4, Mizuno and YOKOYAMA teach the vehicle control device of claim 1, and Mizuno further teaches wherein the processor is configured to:
acquire at least one BAC limit included in legal limits for enforcing drunk driving corresponding to a specific area comprising the region in which the host vehicle is located (¶027; calculation processing unit 102 detects a current position of the vehicle based on the positioning result of the GPS receiver 110. The calculation processing unit 102 generates vehicle current position information indicating the current position of the vehicle, and stores it into the storage unit 104); and
re-measure the BAC of the driver via the alcohol sensor based on a change in at least one of the at least one BAC limit for enforcing drunk driving (¶042; processing routine shown in FIG. 2 may be activated when the entrance of a user into the vehicle (which is detected, for example, from an on/off state of a door switch or by a load sensor embedded in a seat) is detected or when the driver grips the steering wheel (which is detected by, for example, a touch sensor or the like). After that, when driving is started, the processing routine may be executed on a predetermined cycle until the ignition switch is turned off) or the region in which the host vehicle is located, or any combination thereof
Regarding claim 5, Mizuno and YOKOYAMA teach the vehicle control device of claim 1, and Mizuno further teaches wherein the processor is configured to
re-measure the BAC of the driver via the alcohol sensor based on, after or before the region in which the host vehicle is located has been changed (¶058; calculation processing unit 102 determines, based on the criteria received in the aforementioned step 304, whether the alcohol concentration is an alcohol concentration falling under drunk driving in the area to which the current vehicle position belongs. When the detected alcohol concentration is equal to or higher than the criterion in the area to which the current vehicle position belongs, a transition to step 310 is made), a BAC limit included in legal limits for enforcing drunk driving, which corresponds to the region after the change in region being smaller than a BAC limit included in legal limits for enforcing drunk driving, which corresponds to the region before the change in region (¶058; On the other hand, when the detected alcohol concentration is lower than the criterion in the area to which the current vehicle position belongs, a return to step 300 is made. Thus, even in the case where the detected alcohol concentration is equal to or higher than a criterion in another area, when the detected alcohol concentration is lower than a criterion in the area to which the current vehicle position belongs, the later-described fuel supply suspension processing, the later-described reporting processing, or the like (see steps 312, 314 and 316) is not performed).
Regarding claim 6, Mizuno and YOKOYAMA teach the vehicle control device of claim 1, and Mizuno teaches further comprising:
a camera (¶077; the fingerprint data are utilized as to the driver identification information in each of the foregoing embodiments of the invention, but other pieces of data on a living body (e.g., an image of a face photographed by an on-vehicle camera or the like) may be utilized),
wherein the processor (see claim 1) is configured to:
measure the BAC of the driver via the alcohol sensor upon determining that the driver information corresponds to the driver in an authentication method that comprises at least one of authentication via the camera and/or authentication via fingerprint recognition (¶077; the fingerprint data are utilized as to the driver identification information in each of the foregoing embodiments of the invention, but other pieces of data on a living body (e.g., an image of a face photographed by an on-vehicle camera or the like) may be utilized).
Regarding claim 9, Mizuno and YOKOYAMA teach the vehicle control device of claim 1, and Mizuno further teaches wherein the processor is configured to provide the driver with a notification for guiding the driver to measure the BAC based on a time at which the BAC needs to be measured (¶053; processing routine shown in FIG. 3 may be activated when a request to deactivate the immobilizer 132 is made. After that, when the immobilizer 132 is deactivated and the driving of the vehicle is started, the processing routine may be executed on a predetermined cycle until the ignition switch is turned off. Alternatively, the processing routine shown in FIG. 3 may be activated when the entrance of a user into the vehicle is detected or when a driver grips the steering wheel) or a time at which a BAC limit included in the legal limits changes (¶058; On the other hand, when the detected alcohol concentration is lower than the criterion in the area to which the current vehicle position belongs, a return to step 300 is made. Thus, even in the case where the detected alcohol concentration is equal to or higher than a criterion in another area, when the detected alcohol concentration is lower than a criterion in the area to which the current vehicle position belongs, the later-described fuel supply suspension processing, the later-described reporting processing, or the like (see steps 312, 314 and 316) is not performed).
Regarding claim 11, Mizuno and YOKOYAMA teach the vehicle control device of claim 1, and Mizuno further teaches wherein the processor is configured to:
measure the BAC via the alcohol sensor in response to the driver's operation for measuring the BAC (¶042; processing routine shown in FIG. 2 may be activated when the entrance of a user into the vehicle (which is detected, for example, from an on/off state of a door switch or by a load sensor embedded in a seat) is detected or when the driver grips the steering wheel (which is detected by, for example, a touch sensor or the like) or
measure the BAC via the alcohol sensor regardless of the driver's operation (¶042; when driving is started, the processing routine may be executed on a predetermined cycle until the ignition switch is turned off);.
Regarding claim 12, Mizuno and YOKOYAMA teach the vehicle control device of claim 1, and Mizuno further teaches wherein the processor is configured to:
measure the BAC of the driver via the alcohol sensor before turning on an ignition of the host vehicle (Fig 2; S210 – S214, Fig 3 S310 – S314, Fig 6 S610 – S614, Fig 8 S810- S814); and
provide the driver with a warning about drunk driving (¶049; calculation processing unit 102 may cause the display unit 108 to display a warning) and/or re-measure the blood alcohol concentration of the driver via the alcohol sensor after turning on the ignition (¶042; processing routine shown in FIG. 2 may be activated when the entrance of a user into the vehicle (which is detected, for example, from an on/off state of a door switch or by a load sensor embedded in a seat) is detected or when the driver grips the steering wheel (which is detected by, for example, a touch sensor or the like). After that, when driving is started, the processing routine may be executed on a predetermined cycle until the ignition switch is turned off).
Regarding claim 13, Mizuno teaches a vehicle control method (Figs 1-8; drunk driving prevention system with on-vehicle component 100/100’ & external server 200 in Figs 1 & 5; ¶022-¶023) comprising:
acquiring driver information (¶028; fingerprint authentication unit 120 is preferably provided at a location where data on the fingerprint of a driver may be acquired. The fingerprint authentication unit 120 may be provided on, for example, a steering wheel. The fingerprint authentication unit 120 may acquire the latest data on the fingerprint of a driver on a predetermined cycle. This is because the driver may be replaced with another driver in between times. The fingerprint authentication unit 120 supplies the acquired data on the fingerprint of the driver to the calculation processing unit 102. The calculation processing unit 102 generates the driver identification information, which makes it possible to identify a driver, based on the data on the fingerprint of the driver, and stores the generated information into the storage unit 104);
acquiring a region in which a host vehicle is located (¶027; calculation processing unit 102 detects a current position of the vehicle based on the positioning result of the GPS receiver 110. The calculation processing unit 102 generates vehicle current position information indicating the current position of the vehicle, and stores it into the storage unit 104), and legal limits for enforcing drunk driving corresponding to the region (¶035; storage unit 204 stores a plurality of criteria that relate to drunk driving and are different from one another as a result of geographical differences. This is because the criteria that relate to drunk driving (e.g., an alcohol concentration falling under drunk driving) are different from one another as a result of geographical differences (or differences among decrees, ordinances and the like resulting therefrom). The criteria may be created based on a decree, an ordinance, a regulation or the like. Accordingly, the criteria may be created for each area where a decree, an ordinance or the like is enacted. Any area unit may be used as long as it represents geographical ranges with different criteria; also see ¶036);
measuring the blood alcohol concentration (BAC)of the driver via an alcohol sensor (¶029; alcohol detection sensor 122 is disposed in the vicinity of a driver's seat to output a signal corresponding to an alcohol concentration in air. The calculation processing unit 102 detects an alcohol concentration in air in the vicinity of the driver's seat, namely, an alcohol concentration in an exhalation of the driver of the vehicle, based on an output signal of the alcohol detection sensor 122, and stores the detected alcohol concentration into the storage unit 104. By the same token, the calculation processing unit 102 may detect a latest alcohol concentration in an exhalation of a driver on a predetermined cycle);
identifying whether the measured BAC falls within a BAC range in which the driver is subject to sanctions according to the legal limits, the BAC range being determined based on the driver information and the legal limits (Fig 3, S306-S308; Fig 7, S702-S706; Fig 8, S806-S809); and
controlling the host vehicle to come to a stop if the BAC falls within the BAC range (Fig 3; elements S308 – S316, Fig 7 S710; Fig 8; S810-S814).
Mizuno is silent on the acquired driver information comprising an age of the driver. YOKOYAMA from an analogous vehicular environment detection art teaches a vehicle 100 with driving operation detection unit 110, a GPS device 120, a driver information acquisition unit 130, an in-vehicle control device 150, and an indoor environment detection unit 180 (¶032). The driving operation detection unit 110 is a driving operation detection measure to detect an operation state of various types of driving operation provided in the vehicle 100 (¶034). The driver information acquisition unit 130 acquires driver information including an attribute of the driver of the vehicle 100 and vehicle type information of the vehicle 100. The driver information includes age, sex, and a driving history of the vehicle 100 of the driver, as the attribute of the driver (¶045-¶046). Likewise, YOKOYAMA teaches the concept of the acquired driver information comprising an age of the driver (¶045-¶046). Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine Mizuno’s vehicle control method with the concept of the acquired driver information comprising an age of the driver, as taught by YOKOYAMA in order to estimate and utilize for driving assistance a driving characteristic of a driver to perform driving operation of the vehicle
Regarding claim 14, Mizuno and YOKOYAMA teach the vehicle control method of claim 13, and Mizuno further teaches wherein the measuring of the BAC of the driver via the alcohol sensor comprises measuring BAC of the driver via the alcohol sensor upon determining closure of a door of a driver seat where the driver is located in the host vehicle (¶042; processing routine shown in FIG. 2 may be activated when the entrance of a user into the vehicle (which is detected, for example, from an on/off state of a door switch or by a load sensor embedded in a seat) is detected or when the driver grips the steering wheel (which is detected by, for example, a touch sensor or the like). After that, when driving is started, the processing routine may be executed on a predetermined cycle until the ignition switch is turned off), and fastening of a seat belt of the driver seat.
Regarding claim 15, Mizuno and YOKOYAMA teach the vehicle control method of claim 14, and Mizuno teaches further comprising:
reacquiring the driver information based on occurrence of a driver change event comprising at least one of opening of the door of the driver seat is detected (¶042; processing routine shown in FIG. 2 may be activated when the entrance of a user into the vehicle (which is detected, for example, from an on/off state of a door switch or by a load sensor embedded in a seat); and
re-measuring the BAC of the driver via the alcohol sensor (¶042; After that, when driving is started, the processing routine may be executed on a predetermined cycle until the ignition switch is turned off).
Regarding claim 16, Mizuno and YOKOYAMA teach the vehicle control method of claim 13, and Mizuno teaches further comprising:
acquiring at least one BAC limit included in legal limits for enforcing drunk driving corresponding to a specific area comprising the region in which the host vehicle is located (¶027; calculation processing unit 102 detects a current position of the vehicle based on the positioning result of the GPS receiver 110. The calculation processing unit 102 generates vehicle current position information indicating the current position of the vehicle, and stores it into the storage unit 104); and
re-measuring the BAC of the driver via the alcohol sensor based on a change in BAC limit for enforcing drunk driving (¶042; processing routine shown in FIG. 2 may be activated when the entrance of a user into the vehicle (which is detected, for example, from an on/off state of a door switch or by a load sensor embedded in a seat) is detected or when the driver grips the steering wheel (which is detected by, for example, a touch sensor or the like). After that, when driving is started, the processing routine may be executed on a predetermined cycle until the ignition switch is turned off).
Regarding claim 17, Mizuno and YOKOYAMA teach the vehicle control method of claim 13, and Mizuno further teaches further comprising:
re-measuring the BAC of the driver via the alcohol sensor based on, after or before the region in which the host vehicle is located has been changed (¶058; calculation processing unit 102 determines, based on the criteria received in the aforementioned step 304, whether the alcohol concentration is an alcohol concentration falling under drunk driving in the area to which the current vehicle position belongs. When the detected alcohol concentration is equal to or higher than the criterion in the area to which the current vehicle position belongs, a transition to step 310 is made), a BAC limit included in legal limits for enforcing drunk driving, which corresponds to the region after the change in region being smaller than a BAC limit included in legal limits for enforcing drunk driving, which corresponds to the region before the change in region (¶058; On the other hand, when the detected alcohol concentration is lower than the criterion in the area to which the current vehicle position belongs, a return to step 300 is made. Thus, even in the case where the detected alcohol concentration is equal to or higher than a criterion in another area, when the detected alcohol concentration is lower than a criterion in the area to which the current vehicle position belongs, the later-described fuel supply suspension processing, the later-described reporting processing, or the like (see steps 312, 314 and 316) is not performed).
.
Regarding claim 18, Mizuno and YOKOYAMA teach the vehicle control method of claim 13, and Mizuno further teaches wherein the measuring of the BAC of the driver via the alcohol sensor comprises measuring the BAC of the driver via the alcohol sensor upon determining that the driver information corresponds to the driver in an authentication method that comprises at least one of authentication via the camera and/or authentication via fingerprint recognition (¶077; the fingerprint data are utilized as to the driver identification information in each of the foregoing embodiments of the invention, but other pieces of data on a living body (e.g., an image of a face photographed by an on-vehicle camera or the like) may be utilized).
Claims 8 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mizuno (U.S. Patent Application Pub. U.S. 2012/0245763 A1) in view of YOKOYAMA et al. (U.S. Patent Application Pub. 2024/0083446) further in view of Wang et al. (WO 2021219012).
Regarding claims 8 & 20, Mizuno and YOKOYAMA teach the vehicle control device of claim 1 / vehicle control method of claim 13, but both are silent on the features of claim 8 and claim 20. Wang from an analogous preventing drunk driving art, teaches the concept wherein a processor (computation processing device) is configured to:
acquire the driver information based on the driver's input for providing the driver information if the host vehicle comprises a public vehicle which multiple drivers are able to use (Pg 4, claim 5; method for preventing drunk driving according to any one of claims 1 to 5, characterized in that, when the vehicle is started for the first time, the method further comprises: when the weight on the co-seat is less than or equal to the preset weight, acquiring the driver’s fingerprint information and facial information). Therefore, it would have been obvious for one of ordinary skill in the art at the time of filing the invention to combine the device/method of Mizuno with the concept wherein a processor is configured to: acquire the driver information based on the driver's input for providing the driver information if the host vehicle comprises a public vehicle which multiple drivers are able to use, as taught by Wang in order for distinguishing accountability amongst drivers.
Allowable Subject Matter
Claims 7, 10 and 19 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 MANCIL H LITTLEJOHN JR whose telephone number is (571)270-3718. The examiner can normally be reached M-F 8:30-5 (CST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached at (571) 272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MANCIL LITTLEJOHN JR/Examiner, Art Unit 2685
/QUAN ZHEN WANG/Supervisory Patent Examiner, Art Unit 2685
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