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 .
Status of Claims
Claims 1-10 filed on 09/27/2024 have been examined.
This Office Action is in response to the Applicant’s amendments and remarks filed on 05/01/2026. Claims 4, 8, and 10 have been amended. Claims 11 and 12 have been added to the claim set. Claims 1-12 are currently pending and addressed below.
Response to Remarks/Arguments
Applicant’s accompanying amendments and arguments, on page 6-8 of the Applicant Arguments/Remarks (hereinafter referred to as the “Remarks”), filed 05/01/2026, with respect to the rejection of independent claim 1 under 35 U.S.C. 102 stating “… With respect to claim 1, it is believed that the anticipation rejection based on Ishibashi et al. US 20180334097 Al ("Ishibashi") is incorrect and should be withdrawn for at least the following reasons… Ishibashi does not disclose this claimed sequence… Ishibashi does not disclose initializing a counter and incrementing that counter based on successive detections of stationary postures. Instead, Ishibashi measures whether a detected state persists for a certain period of time and, after a state change, begins counting elapsed time in that state… Claim 1 also requires detection of a first stationary posture persisting longer than a first defined duration, followed by detection of a second stationary posture persisting longer than a second defined duration, with each such detection causing counter incrementation… But Ishibashi does not disclose the claimed two-event posture sequence in which separate stationary-posture detections are counted as distinct events and accumulated in a counter. In this manner, Ishibashi is directed to elapsed-time tracking after entry into a state, not to counting distinct occurrences of repeated stationary postures… additionally requires "comparing the counter value with a threshold" and "when the counter value equals the threshold, generating an alert signal to assist the driver." Ishibashi does not disclose such a comparison. Rather, Ishibashi transitions between a normal state, an attention-attracting state, and a warning state based on head position regions and elapsed determination time periods (Ishibashi [0038]-[0043]). Specifically, there is no disclosure in Ishibashi of comparing a counter of repeated stationary-posture detections to a threshold of the same to determine when an alert should be generated, since Ishibashi does not detect repeated stationary-postures… Accordingly, Ishibashi fails to teach or suggest at least the following limitations of claim 1: (i) initializing a counter and incrementing that counter based on successive stationary-posture detections; (ii) detecting first and second stationary postures, each persisting longer than a respective defined duration, and treating those detections as counted events; (iii) comparing the counter value with a threshold and generating the alert signal when the threshold is reached. For at least the above reasons, Ishibashi does not disclose every limitation of claim 1. Thus, claim 1 is patentably distinct over Ishibashi, and the rejection of claim 1 under 35 U.S.C. 102 as anticipated by Ishibashi should be withdrawn…” have been considered and are not persuasive.
Firstly, the Examiner submits that “initializing a counter” and “incrementing the counter by one value”, recited in claim 1, are broad limitations and are not specifically defined within the currently recited claim to require that the counter counts the number of distinct events and accumulated in a counter or number of distinct occurrences of repeated stationary postures, and then compare a counter of repeated stationary-posture detections to a threshold of the same to determine when an alert should be generated, as provided in the arguments above. Therefore, under the broadest reasonable interpretation of recited claim 1, any device that starts counting and keeps monitoring an increment of a unit that the device is counting may read on the broad limitations of “initializing a counter” and “incrementing the counter by one value” provided that the limitations are not further defined in the recited claim 1.
Secondly, the Examiner also notes that claim 1 does not specifically recite and require that the steps have to be performed in a specific sequential order. Rather, steps a through h of claim 1 can be interpreted as a list of functions to be performed by the claimed invention with the steps being performed in any order, as the claim does not specify a particular order for performing the steps.
Moreover, under the broadest reasonable interpretation of recited claim 1 as provided below in the Office Action, the Examiner maintains that Ishibashi discloses a method for assisting the driving of a vehicle implemented by an assistance system (See at least Abstract of Ishibashi – “… A monitoring system includes: a monitoring device that outputs a warning when detecting abnormality of a monitoring target person in an interior of a vehicle…”) comprising a controller (See at least [0027] of Ishibashi – “… The arithmetic unit 33 is a portion that integrally controls the components of the monitoring system 1… performs … state monitoring of the monitoring target person … a warning output… includes an electronic circuit … a known microcomputer …”), a seat (See at least [0024] of Ishibashi – “… The monitoring device 3 … monitors the state of the driver sitting on the driver's seat …”), at least one sensor for detecting the movement of an occupant of the seat (See at least [0025] – “… The detection unit 31 detects the state of the monitoring target person … is constituted of a detector such as a stereo camera …” and [0032] of Ishibashi – “…the determination unit 33a may perform state determination of the monitoring target person OB based on movement of the head part of the monitoring target person …”), and at least one seat equipment item capable of operating in a plurality of operating modes (See at least [0026] – “… output unit 32 may include at least one of a speaker that outputs auditory information such as a voice and a warning sound, a display that outputs visual information such as an image and a character, a device that outputs tactile information such as …vibration of a seat… “ and [0041] of Ishibashi – “… If the determination unit 33a determines … the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person … to output auditory information … may control the output unit 32 to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person …” Examiner notes that the seat equipment operates in a plurality of operating modes, i.e., either outputting auditory, visual, or tactile information when needing to attract attention of the person or not outputting information), the method comprising the following steps:
a) initializing a counter (See at least [0040]-[0041] of Ishibashi – “… the determination unit 33a determines whether the control cycle is the first control cycle … the determination unit 33a starts to count the elapsed time after the state is changed … the determination unit 33a resets count of the elapsed time…”);
b) detecting a first stationary posture of the occupant for a period longer than a first defined duration (See at least [0041] of Ishibashi – “… When the position of the head part of the monitoring target person OB is returned to the normal region T1 and remains in the normal region T1 for a certain time or more, and it is determined that the monitoring target person OB is in the normal state in a subsequent control cycle, the determination unit 33a resets count of the elapsed time…”);
c) incrementing the counter by one value (See at least [0040]-[0041] of Ishibashi – “… the determination unit 33a determines whether the control cycle is the first control cycle after the state is changed … If it is determined that the control cycle is not the first control cycle after the state is changed … proceeds to the next control cycle… the determination unit 33a starts to count the elapsed time after the state is changed… and continues to count the elapsed time…”);
d) controlling the operation of the at least one seat equipment item in an operating mode (See at least [0026] – “… output unit 32 may include at least one of a speaker that outputs auditory information such as a voice and a warning sound, a display that outputs visual information such as an image and a character, a device that outputs tactile information such as …vibration of a seat… “ and [0041] of Ishibashi – “… If the determination unit 33a determines … the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person … to output auditory information … may control the output unit 32 to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person …”);
f) when a second stationary posture is detected for longer than a second defined duration, incrementing the counter by one value (See at least [0038]-[0041] of Ishibashi – “… The determination unit 33a determines whether the head part of the monitoring target person OB is positioned in the attention attracting region T2 for a certain time or more to determine whether the monitoring target person OB is in the attention attracting state … when the position of the head part of the monitoring target person OB remains in the attention attracting region T2 in a subsequent control cycle, the determination unit 33a does not reset the count of the elapsed time, and continues to count the elapsed time…”);
g) comparing the counter value with a threshold (See at least [0039]-[0041] of Ishibashi – “… the determination unit 33a determines whether a warning state determination period set in advance has elapsed after the state is changed to the attention attracting state … If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32…”);
h) when the counter value equals the threshold, generating an alert signal to assist the driver (See at least [0038]-[0041] of Ishibashi – “… The determination unit 33a determines whether the head part of the monitoring target person OB is positioned in the attention attracting region T2 for a certain time or more to determine whether the monitoring target person OB is in the attention attracting state… If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person… controls the output unit 32 to output auditory information such as “Concentrate on checking the situation” by voice … for attracting attention of the monitoring target person … may control the output unit 32 to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person …”).
Therefore, the Examiner maintains the rejections of independent claim 1, and the corresponding dependent claims under 35 U.S.C. 102 and 103, as provided below.
Examiner note to help applicant overcome the art on record:
Applicant may overcome the art on record by amending independent claims 1 and 11-12, with cited reference sections that support the amendments provided in the Application Specification [0072], to specifically recite “… c) incrementing the counter by one value and a clock is stopped…”
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.
(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.
Claims 1-3, 6-7, and 9-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishibashi et al. US 20180334097 A1 (“Ishibashi”).
For claim 1, Ishibashi discloses a method for assisting the driving of a vehicle implemented by an assistance system (See at least Abstract of Ishibashi – “… A monitoring system includes: a monitoring device that outputs a warning when detecting abnormality of a monitoring target person in an interior of a vehicle…”) comprising a controller (See at least [0027] of Ishibashi – “… The arithmetic unit 33 is a portion that integrally controls the components of the monitoring system 1… performs … state monitoring of the monitoring target person … a warning output… includes an electronic circuit … a known microcomputer …”), a seat (See at least [0024] of Ishibashi – “… The monitoring device 3 … monitors the state of the driver sitting on the driver's seat …”), at least one sensor for detecting the movement of an occupant of the seat (See at least [0025] – “… The detection unit 31 detects the state of the monitoring target person … is constituted of a detector such as a stereo camera …” and [0032] of Ishibashi – “…the determination unit 33a may perform state determination of the monitoring target person OB based on movement of the head part of the monitoring target person …”), and at least one seat equipment item capable of operating in a plurality of operating modes (See at least [0026] – “… output unit 32 may include at least one of a speaker that outputs auditory information such as a voice and a warning sound, a display that outputs visual information such as an image and a character, a device that outputs tactile information such as …vibration of a seat… “ and [0041] of Ishibashi – “… If the determination unit 33a determines … the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person … to output auditory information … may control the output unit 32 to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person …” Examiner notes that the seat equipment operates in a plurality of operating modes, i.e., either outputting auditory, visual, or tactile information when needing to attract attention of the person or not outputting information), the method comprising the following steps:
a) initializing a counter (See at least [0040]-[0041] of Ishibashi – “… the determination unit 33a determines whether the control cycle is the first control cycle … the determination unit 33a starts to count the elapsed time after the state is changed … the determination unit 33a resets count of the elapsed time…”);
b) detecting a first stationary posture of the occupant for a period longer than a first defined duration (See at least [0041] of Ishibashi – “… When the position of the head part of the monitoring target person OB is returned to the normal region T1 and remains in the normal region T1 for a certain time or more, and it is determined that the monitoring target person OB is in the normal state in a subsequent control cycle, the determination unit 33a resets count of the elapsed time…”);
c) incrementing the counter by one value (See at least [0040]-[0041] of Ishibashi – “… the determination unit 33a determines whether the control cycle is the first control cycle after the state is changed … If it is determined that the control cycle is not the first control cycle after the state is changed … proceeds to the next control cycle… the determination unit 33a starts to count the elapsed time after the state is changed… and continues to count the elapsed time…”);
d) controlling the operation of the at least one seat equipment item in an operating mode (See at least [0026] – “… output unit 32 may include at least one of a speaker that outputs auditory information such as a voice and a warning sound, a display that outputs visual information such as an image and a character, a device that outputs tactile information such as …vibration of a seat… “ and [0041] of Ishibashi – “… If the determination unit 33a determines … the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person … to output auditory information … may control the output unit 32 to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person …”);
f) when a second stationary posture is detected for longer than a second defined duration, incrementing the counter by one value (See at least [0038]-[0041] of Ishibashi – “… The determination unit 33a determines whether the head part of the monitoring target person OB is positioned in the attention attracting region T2 for a certain time or more to determine whether the monitoring target person OB is in the attention attracting state … when the position of the head part of the monitoring target person OB remains in the attention attracting region T2 in a subsequent control cycle, the determination unit 33a does not reset the count of the elapsed time, and continues to count the elapsed time…”);
g) comparing the counter value with a threshold (See at least [0039]-[0041] of Ishibashi – “… the determination unit 33a determines whether a warning state determination period set in advance has elapsed after the state is changed to the attention attracting state … If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32…”);
h) when the counter value equals the threshold, generating an alert signal to assist the driver (See at least [0038]-[0041] of Ishibashi – “… The determination unit 33a determines whether the head part of the monitoring target person OB is positioned in the attention attracting region T2 for a certain time or more to determine whether the monitoring target person OB is in the attention attracting state… If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person… controls the output unit 32 to output auditory information such as “Concentrate on checking the situation” by voice … for attracting attention of the monitoring target person … may control the output unit 32 to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person …”).
For claim 2, Ishibashi discloses wherein when the counter value is below the threshold (See at least [0040]-[0041] of Ishibashi – “… If it is determined that the warning state determination period has not elapsed after the state is changed to the attention attracting state… If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting…”), the method comprises the following steps:
- controlling a change in the operating mode of the at least one seat equipment item and controlling the operation of the at least one seat equipment item in the changed operating mode (See at least [0040]-[0041] of Ishibashi – “… If it is determined that the warning state determination period has not elapsed after the state is changed to the attention attracting state… If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting… the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person … controls the output unit 32 to output auditory information such as “Concentrate on checking the situation” by voice … for attracting attention of the monitoring target person…”), and
- returning to step f) (See at least [0041] of Ishibashi – “…the determination unit 33a starts to count the elapsed time after the state is changed to the attention attracting state… when the position of the head part of the monitoring target person OB remains in the attention attracting region T2 in a subsequent control cycle, the determination unit 33a … continues to count the elapsed time…” and Fig. 4 of Ishibashi – Return block).
For claim 3, Ishibashi discloses wherein the assistance system comprises a plurality of seat equipment items (See at least [0026] – “… output unit 32 may include at least one of a speaker that outputs auditory information such as a voice and a warning sound, a display that outputs visual information such as an image and a character, a device that outputs tactile information such as …vibration of a seat… “ and [0041] of Ishibashi – “… If the determination unit 33a determines … the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person … to output auditory information … may control the output unit 32 to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person …”), and wherein when the counter value is below the threshold (See at least [0040]-[0041] of Ishibashi – “… If it is determined that the warning state determination period has not elapsed after the state is changed to the attention attracting state… If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting…”), the method comprises the following steps:
- controlling the operation of another seat equipment item (See at least [0040]-[0041] of Ishibashi – “… If it is determined that the warning state determination period has not elapsed after the state is changed to the attention attracting state… If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting… the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person … to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person…”), and
- returning to step f) (See at least [0041] of Ishibashi – “…the determination unit 33a starts to count the elapsed time after the state is changed to the attention attracting state… when the position of the head part of the monitoring target person OB remains in the attention attracting region T2 in a subsequent control cycle, the determination unit 33a … continues to count the elapsed time…” and Fig. 4 of Ishibashi – Return block).
For claim 6, Ishibashi discloses wherein the method further comprises the following steps:
i) detecting a movement of the seat occupant after a second stationary posture is detected (See at least [0041]-[0043] of Ishibashi – “… the determination unit 33a starts to count the elapsed time after the state is changed to the attention attracting state. When the position of the head part of the monitoring target person OB is returned to the normal region T1 and remains in the normal region T1 for a certain time or more, and it is determined that the monitoring target person OB is in the normal state… the determination unit 33a determines whether the monitoring target person OB is in the warning state based on the detection result of the monitoring target person … The determination unit 33a determines whether the head part of the monitoring target person OB is positioned in the warning region T3 for a certain time or more to determine whether the monitoring target person OB is in the warning state… If it is determined that the monitoring target person OB is not in the warning state (No at Step ST5), the determination unit 33a determines that the monitoring target person OB is in the normal state…”),
j) determining the duration between the start of operation of the at least one seat equipment item, and/or the start of operation of the other seat equipment item, and the detection of the occupant's movement (See at least [0048] of Ishibashi – “…the operation controller 33b determines whether a support starting determination period set in advance has elapsed after the state is changed to the warning state, that is, determines whether the warning has continued for the support starting determination period set in advance …”);
k) generating an output signal representative of the determined duration (D) (See at least [0049] of Ishibashi – “… If it is determined that the support starting determination period has elapsed after the state is changed to the warning state at Step ST10 (Yes at Step ST10), the operation controller 33b advances the process to Step ST11… In this case, the operation controller 33b outputs the support request signal to the vehicle ECU 107 …”),
l) returning to step a) (See at least [0049] of Ishibashi – “…the operation controller 33b outputs the support request signal to the vehicle ECU 107 … The arithmetic unit 33 then ends the current control cycle, and proceeds to the next control cycle…” and Fig. 4 of Ishibashi – Return block).
For claim 7, Ishibashi discloses wherein the assistance system further comprises a display screen suitable for displaying images (See at least [0026] of Ishibashi – “… output unit 32 may include at least … a display that outputs visual information such as an image and a character…”), and wherein the method further comprises a step of modifying the display parameters of the image content displayed on the display screen, when the determined duration is greater than a first limit value (See at least [0038]-[0041] of Ishibashi – “… The determination unit 33a determines whether the head part of the monitoring target person OB is positioned in the attention attracting region T2 for a certain time or more to determine whether the monitoring target person OB is in the attention attracting state… If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32 … to output visual information… to output information for attracting attention of the monitoring target person …”).
For claim 9, Ishibashi discloses wherein the assistance system further comprises a speaker and/or display screen (See at least [0026] of Ishibashi – “… output unit 32 may include at least one of a speaker that outputs auditory information such as a voice and a warning sound, a display that outputs visual information such as an image and a character…”), and wherein the method further comprises a step of displaying and/or audio broadcasting a value representative of the determined duration and/or counter values (See at least [0040]-[0041] of Ishibashi – “… If it is determined that the warning state determination period has not elapsed after the state is changed to the attention attracting state… If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting… the operation controller 33b controls the output unit 32 to output auditory information such as “Concentrate on checking the situation” by voice…”).
For claim 10, Ishibashi discloses a driving assistance system for a vehicle (See at least Abstract of Ishibashi – “… A monitoring system includes: a monitoring device that outputs a warning when detecting abnormality of a monitoring target person in an interior of a vehicle…”), the system comprising a seat (See at least [0024] of Ishibashi – “… The monitoring device 3 … monitors the state of the driver sitting on the driver's seat …”), at least one sensor for detecting the movement of an occupant of the seat (See at least [0025] – “… The detection unit 31 detects the state of the monitoring target person … is constituted of a detector such as a stereo camera …” and [0032] of Ishibashi – “…the determination unit 33a may perform state determination of the monitoring target person OB based on movement of the head part of the monitoring target person …”), and at least one seat equipment item capable of operating in a plurality of operating modes and a controller configured to implement the assistance method according to claim 1 (See at least [0026]-[0027] – “… output unit 32 may include at least one of a speaker that outputs auditory information such as a voice and a warning sound, a display that outputs visual information such as an image and a character, a device that outputs tactile information such as …vibration of a seat… The arithmetic unit 33 is a portion that integrally controls the components of the monitoring system 1… performs … state monitoring of the monitoring target person … a warning output… includes an electronic circuit … a known microcomputer …” and [0041] of Ishibashi – “… If the determination unit 33a determines … the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person … to output auditory information … may control the output unit 32 to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person …” Examiner notes that the seat equipment operates in a plurality of operating modes, i.e., either outputting auditory, visual, or tactile information when needing to attract attention of the person or not outputting information).
For claim 11, Ishibashi discloses a method for assisting the driving of a vehicle implemented by an assistance system (See at least Abstract of Ishibashi – “… A monitoring system includes: a monitoring device that outputs a warning when detecting abnormality of a monitoring target person in an interior of a vehicle…”) comprising a controller (See at least [0027] of Ishibashi – “… The arithmetic unit 33 is a portion that integrally controls the components of the monitoring system 1… performs … state monitoring of the monitoring target person … a warning output… includes an electronic circuit … a known microcomputer …”), a seat (See at least [0024] of Ishibashi – “… The monitoring device 3 … monitors the state of the driver sitting on the driver's seat …”), at least one sensor for detecting the movement of an occupant of the seat (See at least [0025] – “… The detection unit 31 detects the state of the monitoring target person … is constituted of a detector such as a stereo camera …” and [0032] of Ishibashi – “…the determination unit 33a may perform state determination of the monitoring target person OB based on movement of the head part of the monitoring target person …”), and at least one seat equipment item capable of operating in a plurality of operating modes (See at least [0026] – “… output unit 32 may include at least one of a speaker that outputs auditory information such as a voice and a warning sound, a display that outputs visual information such as an image and a character, a device that outputs tactile information such as …vibration of a seat… “ and [0041] of Ishibashi – “… If the determination unit 33a determines … the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person … to output auditory information … may control the output unit 32 to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person …” Examiner notes that the seat equipment operates in a plurality of operating modes, i.e., either outputting auditory, visual, or tactile information when needing to attract attention of the person or not outputting information), the method comprising the following steps:
a) initializing a counter (See at least [0040]-[0041] of Ishibashi – “… the determination unit 33a determines whether the control cycle is the first control cycle … the determination unit 33a starts to count the elapsed time after the state is changed … the determination unit 33a resets count of the elapsed time…”);
b) detecting a first stationary posture of the occupant for a period longer than a first defined duration (See at least [0041] of Ishibashi – “… When the position of the head part of the monitoring target person OB is returned to the normal region T1 and remains in the normal region T1 for a certain time or more, and it is determined that the monitoring target person OB is in the normal state in a subsequent control cycle, the determination unit 33a resets count of the elapsed time…”);
c) incrementing the counter by one value (See at least [0040]-[0041] of Ishibashi – “… the determination unit 33a determines whether the control cycle is the first control cycle after the state is changed … If it is determined that the control cycle is not the first control cycle after the state is changed … proceeds to the next control cycle… the determination unit 33a starts to count the elapsed time after the state is changed… and continues to count the elapsed time…”);
d) controlling the operation of the at least one seat equipment item in an operating mode (See at least [0026] – “… output unit 32 may include at least one of a speaker that outputs auditory information such as a voice and a warning sound, a display that outputs visual information such as an image and a character, a device that outputs tactile information such as …vibration of a seat… “ and [0041] of Ishibashi – “… If the determination unit 33a determines … the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person … to output auditory information … may control the output unit 32 to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person …”);
f) when a second stationary posture is detected for longer than a second defined duration, incrementing the counter by one value (See at least [0038]-[0041] of Ishibashi – “… The determination unit 33a determines whether the head part of the monitoring target person OB is positioned in the attention attracting region T2 for a certain time or more to determine whether the monitoring target person OB is in the attention attracting state … when the position of the head part of the monitoring target person OB remains in the attention attracting region T2 in a subsequent control cycle, the determination unit 33a does not reset the count of the elapsed time, and continues to count the elapsed time…”);
g) comparing the counter value with a threshold (See at least [0039]-[0041] of Ishibashi – “… the determination unit 33a determines whether a warning state determination period set in advance has elapsed after the state is changed to the attention attracting state … If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32…”);
h) when the counter value equals the threshold, generating an alert signal to assist the driver (See at least [0038]-[0041] of Ishibashi – “… The determination unit 33a determines whether the head part of the monitoring target person OB is positioned in the attention attracting region T2 for a certain time or more to determine whether the monitoring target person OB is in the attention attracting state… If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person… controls the output unit 32 to output auditory information such as “Concentrate on checking the situation” by voice … for attracting attention of the monitoring target person … may control the output unit 32 to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person …”);
wherein when the counter value is below the threshold (See at least [0040]-[0041] of Ishibashi – “… If it is determined that the warning state determination period has not elapsed after the state is changed to the attention attracting state… If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting…”), the method comprises the following steps:
- controlling a change in the operating mode of the at least one seat equipment item and controlling the operation of the at least one seat equipment item in the changed operating mode (See at least [0040]-[0041] of Ishibashi – “… If it is determined that the warning state determination period has not elapsed after the state is changed to the attention attracting state… If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting… the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person … controls the output unit 32 to output auditory information such as “Concentrate on checking the situation” by voice … for attracting attention of the monitoring target person…”); and
- returning to step f) (See at least [0041] of Ishibashi – “…the determination unit 33a starts to count the elapsed time after the state is changed to the attention attracting state… when the position of the head part of the monitoring target person OB remains in the attention attracting region T2 in a subsequent control cycle, the determination unit 33a … continues to count the elapsed time…” and Fig. 4 of Ishibashi – Return block).
For claim 12, Ishibashi discloses a method for assisting the driving of a vehicle implemented by an assistance system (See at least Abstract of Ishibashi – “… A monitoring system includes: a monitoring device that outputs a warning when detecting abnormality of a monitoring target person in an interior of a vehicle…”) comprising a controller (See at least [0027] of Ishibashi – “… The arithmetic unit 33 is a portion that integrally controls the components of the monitoring system 1… performs … state monitoring of the monitoring target person … a warning output… includes an electronic circuit … a known microcomputer …”), a seat (See at least [0024] of Ishibashi – “… The monitoring device 3 … monitors the state of the driver sitting on the driver's seat …”), at least one sensor for detecting the movement of an occupant of the seat (See at least [0025] – “… The detection unit 31 detects the state of the monitoring target person … is constituted of a detector such as a stereo camera …” and [0032] of Ishibashi – “…the determination unit 33a may perform state determination of the monitoring target person OB based on movement of the head part of the monitoring target person …”), and at least one seat equipment item capable of operating in a plurality of operating modes (See at least [0026] – “… output unit 32 may include at least one of a speaker that outputs auditory information such as a voice and a warning sound, a display that outputs visual information such as an image and a character, a device that outputs tactile information such as …vibration of a seat… “ and [0041] of Ishibashi – “… If the determination unit 33a determines … the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person … to output auditory information … may control the output unit 32 to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person …” Examiner notes that the seat equipment operates in a plurality of operating modes, i.e., either outputting auditory, visual, or tactile information when needing to attract attention of the person or not outputting information), the method comprising the following steps:
a) initializing a counter (See at least [0040]-[0041] of Ishibashi – “… the determination unit 33a determines whether the control cycle is the first control cycle … the determination unit 33a starts to count the elapsed time after the state is changed … the determination unit 33a resets count of the elapsed time…”);
b) detecting a first stationary posture of the occupant for a period longer than a first defined duration (See at least [0041] of Ishibashi – “… When the position of the head part of the monitoring target person OB is returned to the normal region T1 and remains in the normal region T1 for a certain time or more, and it is determined that the monitoring target person OB is in the normal state in a subsequent control cycle, the determination unit 33a resets count of the elapsed time…”);
c) incrementing the counter by one value (See at least [0040]-[0041] of Ishibashi – “… the determination unit 33a determines whether the control cycle is the first control cycle after the state is changed … If it is determined that the control cycle is not the first control cycle after the state is changed … proceeds to the next control cycle… the determination unit 33a starts to count the elapsed time after the state is changed… and continues to count the elapsed time…”);
d) controlling the operation of the at least one seat equipment item in an operating mode (See at least [0026] – “… output unit 32 may include at least one of a speaker that outputs auditory information such as a voice and a warning sound, a display that outputs visual information such as an image and a character, a device that outputs tactile information such as …vibration of a seat… “ and [0041] of Ishibashi – “… If the determination unit 33a determines … the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person … to output auditory information … may control the output unit 32 to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person …”);
f) when a second stationary posture is detected for longer than a second defined duration, incrementing the counter by one value (See at least [0038]-[0041] of Ishibashi – “… The determination unit 33a determines whether the head part of the monitoring target person OB is positioned in the attention attracting region T2 for a certain time or more to determine whether the monitoring target person OB is in the attention attracting state … when the position of the head part of the monitoring target person OB remains in the attention attracting region T2 in a subsequent control cycle, the determination unit 33a does not reset the count of the elapsed time, and continues to count the elapsed time…”);
g) comparing the counter value with a threshold (See at least [0039]-[0041] of Ishibashi – “… the determination unit 33a determines whether a warning state determination period set in advance has elapsed after the state is changed to the attention attracting state … If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32…”);
h) when the counter value equals the threshold, generating an alert signal to assist the driver (See at least [0038]-[0041] of Ishibashi – “… The determination unit 33a determines whether the head part of the monitoring target person OB is positioned in the attention attracting region T2 for a certain time or more to determine whether the monitoring target person OB is in the attention attracting state… If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person… controls the output unit 32 to output auditory information such as “Concentrate on checking the situation” by voice … for attracting attention of the monitoring target person … may control the output unit 32 to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person …”);
wherein the assistance system comprises a plurality of seat equipment items (See at least [0026] – “… output unit 32 may include at least one of a speaker that outputs auditory information such as a voice and a warning sound, a display that outputs visual information such as an image and a character, a device that outputs tactile information such as …vibration of a seat… “ and [0041] of Ishibashi – “… If the determination unit 33a determines … the state is changed to the attention attracting state … the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person … to output auditory information … may control the output unit 32 to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person …”), and wherein when the counter value is below the threshold (See at least [0040]-[0041] of Ishibashi – “… If it is determined that the warning state determination period has not elapsed after the state is changed to the attention attracting state… If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting…”), the method comprises the following steps:
- controlling the operation of another seat equipment item (See at least [0040]-[0041] of Ishibashi – “… If it is determined that the warning state determination period has not elapsed after the state is changed to the attention attracting state… If the determination unit 33a determines that the control cycle is the first control cycle after the state is changed to the attention attracting… the operation controller 33b controls the output unit 32 to output information for attracting attention of the monitoring target person … to output visual information, tactile information, and the like to output information for attracting attention of the monitoring target person…”); and
- returning to step f) (See at least [0041] of Ishibashi – “…the determination unit 33a starts to count the elapsed time after the state is changed to the attention attracting state… when the position of the head part of the monitoring target person OB remains in the attention attracting region T2 in a subsequent control cycle, the determination unit 33a … continues to count the elapsed time…” and Fig. 4 of Ishibashi – Return block).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Ishibashi in view of Shimizu et al. US 20210101512 A1 (“Shimizu”).
For claim 4, Ishibashi discloses wherein the at least one seat equipment item comprises at least one vibrating device comprising a support and a vibrating element movable relative to the support (See at least [0026] of Ishibashi – “… output unit 32 may include at least … a device that outputs tactile information such as …vibration of a seat…” Examiner notes that the tactile devices on a seat vibrate and move relative to its installation surface on the seat to induce a vibration of the seat).
Ishibashi fails to specifically disclose wherein a step of controlling a change in the operating mode of the vibrating device comprises changing the vibration frequency of the vibrating element and/or changing the vibration amplitude of the vibrating element and/or changing the vibration duration.
However, Shimizu, in the same field of endeavor teaches wherein a step of controlling a change in the operating mode of the vibrating device comprises changing the vibration frequency of the vibrating element and/or changing the vibration amplitude of the vibrating element and/or changing the vibration duration (See at least [0103] – “… when it is determined as Yes in step S12, controller 160 drives actuators 140 with a vibration waveform for fatigue (S13). The vibration waveform for fatigue may be a vibration waveform that can recover the fatigue of the driver, and for example, may be a vibration having a frequency sufficient for improving the blood flow of the driver. The vibration waveform for fatigue has a higher frequency than the vibration waveform for alertness described later, and for example, the frequency may be 70 Hz or higher, more preferably 80 Hz or higher, and further preferably 90 Hz or higher…” and [0110] of Shimizu – “When the pressure distribution fluctuates in a constant cycle (Yes in S22), controller 160 drives actuators 140 with the vibration waveform for alertness … The vibration waveform for alertness has a lower frequency than the vibration waveform for fatigue, and the frequency is, for example, 50 Hz or less, more preferably 30 Hz or less, and further preferably 15 Hz or more and 30 Hz or less. In addition, the vibration waveform for alertness may be a vibration having a strength that can promote alertness to the driver. It should be noted that step S23 is an example of the control step…”). Thus, Ishibashi discloses a monitoring system for a person sitting in a seat of a vehicle that monitors different postures and movements of the person, durations of the detected postures, number of control cycles for the system, and outputs information for warning the person being monitored by outputting auditory, visual information or vibrating the seat when detection thresholds are met, while Shimizu teaches a system that controls vibration frequencies of seat actuators to recover a fatigue of a driver and uses different vibration frequencies to promote alertness to the driver.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method and driving assistance system as disclosed in Ishibashi to include the feature of changing the vibration frequency of the vibrating element as taught by Shimizu, with a reasonable expectation of success, in order to drive the actuators with a vibration waveform for fatigue that improves the blood flow of the driver and another waveform that does not cause a discomfort to the sitting driver as specified in at least [0103] and [0110] of Shimizu.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Ishibashi in view of Han et al. US 20240375553 A1 (“Han”).
For claim 5, Ishibashi discloses wherein the seat comprises a squab, a backrest hinged to the squab (See at least Fig. 3 of Ishibashi – seat backrest is attached to the seat cushion).
Ishibashi fails to specifically disclose wherein the at least one seat equipment item comprises an actuator capable of driving the pivoting of the backrest relative to the squab, and wherein the step of controlling the operation of the at least one seat equipment item comprises a step of controlling the driving in rotation of the backrest relative to the squab through an angle of between 3% and 6% of the total angular travel of the backrest by the actuator.
However, Han, in the same field of endeavor teaches wherein the at least one seat equipment item comprises an actuator capable of driving the pivoting of the backrest relative to the squab (See at least [0070] of Han – “… the second driving part 130 may include at least one of at least one motor that controls the reclining angle of the seat to a specific angle…”), and wherein the step of controlling the operation of the at least one seat equipment item comprises a step of controlling the driving in rotation of the backrest relative to the squab through an angle of between 3% and 6% of the total angular travel of the backrest by the actuator (See at least [0070] – “… the second driving part 130 may include at least one of at least one motor that controls the reclining angle of the seat to a specific angle…” and [0157] of Han – “… the seat control apparatus may control the reclining angle of the seat 550 in a range of a foremost angle point 510 to a rearmost angle point 520…” Examiner notes that the seat control apparatus is capable of controlling the driving in rotation of the backrest relative to the seat cushion through an angle of between 3% and 6% of the total angular travel of the backrest by the motor). Thus, Ishibashi discloses a monitoring system for a person sitting in a seat of a vehicle that monitors different postures and movements of the person, durations of the detected postures, number of control cycles for the system, and outputs information for warning the person being monitored by outputting auditory, visual information or vibrating the seat when detection thresholds are met, while Han teaches a seat control apparatus that uses a controller and a motor to control the reclining angle of a seat through a range of angles from a foremost angle to a rearmost angle.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the method and driving assistance system as disclosed in Ishibashi to include the feature of the at least one seat equipment item comprising an actuator capable of driving the pivoting of the backrest relative to the squab, and wherein the step of controlling the operation of the at least one seat equipment item comprises a step of controlling the driving in rotation of the backrest relative to the squab through an angle of between 3% and 6% of the total angular travel of the backrest by the actuator as taught by Han, with a reasonable expectation of success, in order to control the reclining angle of the seat in a range as specified in at least [0157] of Han.
Allowable Subject Matter
Claim 8 is objected to for containing allowable subject matter, but would be allowable if the claim rejections from previous sections of this office action were resolved.
The following is an Examiner’s statement of reasons for allowance:
The closest prior art of record is Ishibashi et al. US 20180334097 A1 (“Ishibashi”), Shimizu et al. US 20210101512 A1 (“Shimizu”), and Han et al. US 20240375553 A1 (“Han”).
Ishibashi discloses a monitoring system for a person sitting in a seat of a vehicle that monitors different postures and movements of the person, durations of the detected postures, number of control cycles for the system, and outputs information for warning the person being monitored by outputting auditory, visual information or vibrating the seat when detection thresholds are met.
Shimizu teaches a system that controls vibration frequencies of seat actuators to recover a fatigue of a driver and uses different vibration frequencies to promote alertness to the driver.
Han teaches a seat control apparatus that uses a controller and a motor to control the reclining angle of a seat through a range of angles from a foremost angle to a rearmost angle.
As to claim 8, the prior art of record, taken individually or in combination, fails to teach or suggest the following claimed subject matter:
“wherein the assistance system further comprises a communication interface, a speaker and/or a display screen, the communication interface being configured to communicate with a cell phone, and wherein when the determined duration is greater than a second limit value, the method comprises a step of delaying the display of at least one mini-message on the display screen and/or delaying the broadcasting of at least one audio message by the speaker, the mini-message and the audio message having been received by the cell phone”
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/M.J.H./Examiner, Art Unit 3668
/Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668
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