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 Objections
Claim 40 is objected to because of the following informalities: in line 1, “the camera disposed” appears to be “the camera is disposed”. Appropriate correction is required.
Remarks
The Office has cited particular columns, line numbers, paragraph numbers, references, or figures in the references applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses to fully consider the reference in entirety, as potentially teaching all or part of the claimed invention. See MPEP § 2141.02 and § 2123.
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(s) 1-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gieseke (US 20140336876 A1, hereinafter referred to as Gieseke) in view of Lee (US 20160148065 A1, Lee).
Regarding Claim 1, Gieseke discloses a vehicular cabin monitoring system, the vehicular cabin monitoring system comprising (para [0002]: "The present invention relates generally to a vehicle vision system for a vehicle and, more particularly, to a vehicle vision system that utilizes one or more cameras ... and head and eye tracking"; para [0004]: "provides a collision avoidance system or vision system or imaging system for a vehicle that utilizes one or more cameras ...
to capture image data representative of images exterior of the vehicle, and provides an augmented reality by using heads-up glasses ... and head and eye tracking to create a transparent view through the vehicle"; para [0005]: "Eye and head tracking for creating the view point is provided by an interior monitoring or vision system of the vehicle (such as a face and eye tracking camera or the like)");
a camera disposed within a cabin of a vehicle equipped with the vehicular cabin monitoring system, the camera viewing within an interior cabin of the vehicle, wherein the camera is operable to capture image data (para [0014]: "the vision system includes an interior monitoring camera 22 having an interior field of view to capture images or image data of and track or monitor the position of the driver's head and the direction that the driver's eyes are looking"; para [0024] : "such systems employ an infrared (IR) illumination source, such as IR light emitting diodes (LEDs) and an IR camera, and track the iris circle of the eye or eyes");
wherein the camera comprises an imager, and wherein the imager comprises a CMOS
imaging array having at least one million photosensors arranged in rows and columns (para [0004]: "one or more cameras (preferably one or more CMOS cameras) to capture image data representative of images exterior of the vehicle"; note: CMOS imaging arrays with at least one million photosensors are standard for high resolution eye tracking and interior monitoring, as lower resolutions would not suffice for detailed iris tracking as described in para [0024]);
an electronic control unit (ECU) comprising electronic circuitry and associated software, wherein the electronic circuitry includes an image processor operable to process image data captured by the camera (para [0013] : "The vision system 12 includes a control or electronic control unit (ECU) or processor 18 that is operable to process image data captured by the cameras"; para [0014]: "Responsive to image processing of image data captured by the interior monitoring camera, the system may determine the current driver's head and eye position/direction of view");
wherein image data captured by the camera is transferred to and is processed at the ECU (par [0013]: "The data transfer or signal communication from the camera to the ECU may comprise any suitable data or communication link, such as a vehicle network bus or the like of the equipped vehicle"; para [0014]: "Responsive to image processing of image data captured by the interior monitoring camera");
a light emitter operable to emit nonvisible light, wherein nonvisible light emitted by the light emitter, when electrically operated to emit nonvisible light, illuminates at least a portion of the interior cabin that is viewed by the camera (para [0024]: "such systems employ an infrared (IR) illumination source, such as IR light emitting diodes (LEDs) and an IR camera, and track the iris circle of the eye or eyes").
Gieseke does not disclose wherein the vehicular cabin monitoring system, with the light emitter electrically operated to emit nonvisible light, and via processing at the ECU of image data captured by the camera and transferred to the ECU, determines illuminance of nonvisible light at a region of interest within the illuminated portion of the interior cabin that is viewed by the camera; and wherein the vehicular cabin monitoring system, responsive to determining that the illuminance of nonvisible light at the region of interest is greater than a threshold illuminance, reduces intensity of nonvisible light emitted by the light emitter.
Lee discloses wherein the vehicular cabin monitoring system, with the light emitter electrically operated to emit nonvisible light (para [0033]), and via processing at the ECU of image data captured by the camera and transferred to the ECU, determines illuminance of nonvisible light at a region of interest within the illuminated portion of the interior cabin that is viewed by the camera (para [0004]: "in the case in which lighting is irradiated over an entire region of the face when the driver monitoring apparatus tracks a gaze, a plurality of reflection points are formed by glasses, accessories, the face, and the like, and it is difficult to distinguish the plurality of reflection points and cornea reflection points from each other"; para [0005]: "power of the illuminator needs to be increased in order to overcome the external light such as solar light, or the like. However, in this case, it is difficult to detect and track the face due to pixel saturation of a face region"; paras [0021]-[0022]: "it may be determined that an eye region is the irradiation range when the operation mode is not the eye tracking mode. In the determining of the irradiation range of the illuminator, it may be determined that the irradiation range is a pupil region in the case in which lighting reflection by glasses is generated at the time of irradiating light to the eye region"); and
wherein the vehicular cabin monitoring system, responsive to determining that the illuminance of nonvisible light at the region of interest is greater than a threshold illuminance, reduces intensity of nonvisible light emitted by the light emitter (para [0039]: "The controller 130 controls the illuminator 120 depending on a request of the driver state sensor 200 to adjust an irradiation range (a size of an irradiation region) and irradiation intensity (light intensity)"; para [0044]: "The driver monitoring camera 100 determines that the irradiation range is
a pupil region when lighting reflection by glasses is generated at the time of irradiating the light to the eye region, and controls the driving unit 123 of the illuminator 120 to adjust the irradiation range"; para [0047]: "in the case in which the lighting reflection is generated on the glasses worn by the user (driver), the eye tracking module 220 requests the driver monitoring camera 100 to decrease the irradiation range of the illuminator 120"; para [0039]: "The controller 130 controls the illuminator 120 depending on a request of the driver state sensor 200 to adjust an irradiation range ... and irradiation intensity (light intensity)").
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gieseke with those of Lee to determine illuminance of nonvisible light at a region of interest and reduce intensity when greater than a threshold, in order to improve reliability in monitoring the driver state by controlling irradiation range and intensity to avoid pixel saturation and distinguish reflections, as taught by Lee (paras [0005], [0044], [0057]).
Regarding Claim 2, Gieseke discloses the vehicular cabin monitoring system of claim 1, wherein the light emitter comprises a plurality of light emitting diodes (LEDs) (para [0024]: "an
infrared (IR) illumination source, such as IR light emitting diodes (LEDs)").
Regarding Claim 3, Gieseke discloses a plurality of LEDs for interior monitoring including driver eye tracking ([0024]).
Gieseke does not disclose wherein a first LED of the plurality of LEDs, when electrically operated to emit nonvisible light, emits nonvisible light for driver monitoring, and wherein a second LED of the plurality of LEDs, when electrically operated to emit nonvisible light, emits nonvisible light for occupant detection, and wherein the first LED and the second LED are different.
Lee discloses wherein a first LED of the plurality of LEDs, when electrically operated to emit nonvisible light, emits nonvisible light for driver monitoring, and wherein a second LED of the plurality of LEDs, when electrically operated to emit nonvisible light, emits nonvisible light for occupant detection, and wherein the first LED and the second LED are different (paras [0014]-[0015]: "The illuminator may be implemented by an array in which one or more light sources are arrayed. The illuminator may selectively turn on the one or more light sources"; para [0016]: "The operation mode may be one of a face tracking mode and an eye tracking mode"; para [0043]: "In the case in which the driver monitoring camera 100 is operated in the face tracking mode, it controls the illuminator 120 to irradiate light to a face region ... "; note: face tracking for broader occupant detection, eye tracking for specific driver monitoring).
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gieseke with those of Lee to use different LEDs for driver monitoring and occupant detection, in order to adjust illumination based on operation mode for improved reliability, as taught by Lee (paras [0009], [0044], [0057]).
Regarding Claim 4, Gieseke discloses all the features and limitations as discussed above but does not disclose wherein the second LED has a wider field of illumination than the first LED.
Lee discloses wherein the second LED has a wider field of illumination than the first LED ([0020]: "it may be determined that a face region is the irradiation range when the operation mode is the face tracking mode"; para [0021]: "it may be determined that an eye region is the irradiation range when the operation mode is ... eye tracking mode"; note: face mode is wider than eye mode).
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gieseke with those of Lee to have the second LED with wider field, in order to match illumination to the region of interest for each mode, as taught by Lee (paras [0009][0018]).
Regarding Claim 5, Gieseke discloses all the features and limitations as discussed above but does not disclose wherein the vehicular cabin monitoring system reduces intensity of nonvisible light emitted by the plurality of LEDs by disabling the first LED for driver monitoring and not disabling the second LED for occupant detection.
Lee discloses wherein the vehicular cabin monitoring system reduces intensity of nonvisible light emitted by the plurality of LEDs by disabling the first LED for driver monitoring and not disabling the second LED for occupant detection (para [0015] : ''The illuminator may selectively turn on the one or more light sources"; para [0018]: selective control per mode, implying disabling narrower for wider if needed; para [0022]: reduce to pupil from eye, disabling broader parts).
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gieseke with those of Lee to reduce by disabling specific LEDs, in order to selectively adjust for the region and avoid over-illumination, as taught by Lee.
Regarding Claim 6, Gieseke discloses all the features and limitations as discussed above but does not disclose wherein the vehicular cabin monitoring system, while the first LED is disabled and responsive to determining that the illuminance of nonvisible light at the region of interest is greater than the threshold illuminance for a threshold period of time, disables the second LED for occupant detection.
Lee discloses wherein the vehicular cabin monitoring system, while the first LED is disabled and responsive to determining that the illuminance of nonvisible light at the region of interest is greater than the threshold illuminance for a threshold period of time, disables the second LED for occupant detection (paras [0019]-[0021], [0044]: step-wise reduction from eye to pupil upon detecting reflection; paras [0020-[0021]: selective disabling; note: threshold period obvious to avoid rapid switching/flicker).
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gieseke with those of Lee to disable the second after first if still high for a period, in order to progressively reduce illumination for reliability and prevent persistent saturation, as taught by Lee.
Regarding Claim 7, Gieseke discloses all the features and limitations as discussed above but does not disclose wherein the vehicular cabin monitoring system reduces intensity of nonvisible light emitted by the plurality of LEDs based on adjusting power applied to at least one LED of the plurality of LEDs.
Lee discloses wherein the vehicular cabin monitoring system reduces intensity of nonvisible light emitted by the plurality of LEDs based on adjusting power applied to at least one LED of the plurality of LEDs (para [0005]: "power of the illuminator needs to be increased ... but... pixel saturation"; [0039]: "adjust.. . irradiation intensity (light intensity)").
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gieseke with those of Lee to reduce by adjusting power, in order to control intensity and avoid saturation, as taught by Lee.
Regarding Claim 8, Gieseke discloses all the features and limitations as discussed above but does not disclose wherein the vehicular cabin monitoring system reduces intensity of nonvisible light emitted by the plurality of LEDs by not powering at least one LED of the plurality of LEDs.
Lee discloses wherein the vehicular cabin monitoring system reduces intensity of nonvisible light emitted by the plurality of LEDs by not powering at least one LED of the plurality of LEDs ([0015]: "The illuminator may selectively turn on the one or more light sources").
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gieseke with those of Lee to reduce by not powering LEDs, in order to selectively control illumination, as taught by Lee.
Regarding Claim 9, Gieseke discloses wherein the region of interest is based on a location of the light emitter relative to the camera (note: IR source and camera for eye tracking, aligned for illumination of region viewed).
Lee discloses wherein the region of interest is based on a location of the light emitter relative to the camera (para [0011]: "The illuminator may include: a light source ... a lens ... a driving unit to adjust a position").
Regarding Claim 10, Gieseke discloses all the features and limitations as discussed above but does not disclose wherein, after reducing intensity of nonvisible light emitted by the light emitter, and responsive to determining that the illuminance of nonvisible light at the region of interest continues to be greater than the threshold illuminance for at least a threshold period of time, the vehicular cabin monitoring system disables the light emitter.
Lee discloses wherein, after reducing intensity of nonvisible light emitted by the light emitter, and responsive to determining that the illuminance of nonvisible light at the region of interest continues to be greater than the threshold illuminance for at least a threshold period of time, the vehicular cabin monitoring system disables the light emitter (paras [0019]-[0021], [0044]: step-wise adjustment upon persistent reflection; paras [0020-[0021]: turn off sources; note: disabling if still high obvious for safety/prevent damage).
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gieseke with those of Lee to disable after reduction if still high for period, in order to prevent ongoing issues like saturation, as taught by Lee.
Regarding Claim 11, Gieseke discloses all the features and limitations as discussed above but does not disclose wherein the vehicular cabin monitoring system disables the light emitter for a second threshold period of time.
Lee discloses wherein the vehicular cabin monitoring system disables the light emitter for a second threshold period of time (note: temporary disabling obvious to allow retry after condition clears, as persistent high illuminance may be transient; aligns with step-wise control in paras [0019]-[0021], [0044]).
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gieseke with those of Lee to disable for a period, in order to allow recovery and retest, preventing permanent shutdown.
Regarding Claim 12, Gieseke discloses all the features and limitations as discussed above but does not disclose wherein the determined illuminance of nonvisible light at the region of interest is greater than the threshold illuminance when a head of an occupant of the vehicle is within a threshold distance of the light emitter.
Lee discloses wherein the determined illuminance of nonvisible light at the region of interest is greater than the threshold illuminance when a head of an occupant of the vehicle is within a threshold distance of the light emitter (para [0009]: high reflection/saturation when intense light on face/eyes; note: closer head increases illuminance per inverse square law, triggering reduction as in [0009]).
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gieseke with those of Lee for high illuminance when head close, as closer proximity naturally increases detected brightness/reflection, motivating reduction for reliability and eye safety.
Regarding Claim 13, Gieseke discloses all the features and limitations as discussed above but does not disclose wherein the vehicular cabin monitoring system determines that the illuminance of nonvisible light at the region of interest is greater than the threshold illuminance based on determining that at least a threshold percentage of photosensors sensing the region of interest have a respective brightness value that is greater than a threshold photosensor brightness.
Lee discloses wherein the vehicular cabin monitoring system determines that the illuminance of nonvisible light at the region of interest is greater than the threshold illuminance based on determining that at least a threshold percentage of photosensors sensing the region of interest have a respective brightness value that is greater than a threshold photosensor brightness ([0005]: "pixel saturation of a face region"; note: saturation means high percentage of pixels over brightness threshold).
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gieseke with those of Lee to determine based on photosensor brightness, in order to detect over-illumination via saturation, as taught by Lee.
Regarding Claim 14, Gieseke discloses wherein the region of interest is determined via processing at the ECU of image data captured by the camera and transferred to the ECU ([0014]: image processing to determine head/eye position).
Regarding Claim 15, Gieseke discloses wherein, via processing at the ECU of image data captured by the camera and transferred to the ECU, the vehicular cabin monitoring system determines the eyes of an occupant of the vehicle ([0014]: determine eye position/direction; [0024]: track iris).
Regarding Claim 16, Gieseke discloses wherein the region of interest includes the eyes of the occupant of the vehicle ([0024]: track iris/eyes).
Regarding Claim 17, Gieseke discloses all the features and limitations as discussed above but does not disclose wherein the vehicular cabin monitoring system reduces intensity of nonvisible light emitted by the light emitter responsive to determining that the eyes of the occupant of the vehicle are within the region of interest when the determined illuminance of nonvisible light at the region of interest is greater than the threshold illuminance.
Lee discloses wherein the vehicular cabin monitoring system reduces intensity of nonvisible light emitted by the light emitter responsive to determining that the eyes of the occupant of the vehicle are within the region of interest when the determined illuminance of nonvisible light at the region of interest is greater than the threshold illuminance (para [0022]: reduce to pupil when reflection in eye region; paras [0047], [0055]: decrease if reflection on glasses).
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gieseke with those of Lee to reduce when eyes in region and high illuminance, in order to handle reflections in eye area, as taught by Lee).
Regarding Claim 18, Gieseke discloses all the features and limitations as discussed above but does not disclose wherein the vehicular cabin monitoring system does not reduce intensity of nonvisible light emitted by the light emitter responsive to determining that the eyes of the occupant of the vehicle are not within the region of interest.
Lee discloses wherein the vehicular cabin monitoring system does not reduce intensity of nonvisible light emitted by the light emitter responsive to determining that the eyes of the occupant of the vehicle are not within the region of interest (paras [0019]-[0022]: maintain wider for face if not eye mode; reduce only when reflection in eye).
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gieseke with those of Lee to not reduce if eyes not in region, in order to keep appropriate illumination for current mode, as taught by Lee).
Regarding Claim 19, Gieseke discloses all the features and limitations as discussed above but does not disclose wherein, when the determined illuminance of nonvisible light at the region of interest is greater than the threshold illuminance, the determined illuminance of nonvisible light is indicative of an object within a threshold distance of the light emitter.
Lee discloses wherein, when the determined illuminance of nonvisible light at the region of interest is greater than the threshold illuminance, the determined illuminance of nonvisible light is indicative of an object within a threshold distance of the light emitter (paras [0003]-[0005]: reflection points from glasses/accessories; note: higher reflection/saturation indicative of close object like face/glasses).
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Gieseke with those of Lee for high illuminance indicating close object, as closer objects cause stronger reflections per physics, motivating detection for adjustment.
Regarding Claim 20, Gieseke discloses wherein the object is the face of an occupant of the vehicle (para [0005]: face and eye tracking).
Regarding Claim 21, Gieseke discloses wherein the camera is disposed at a mirror head of an interior rearview mirror assembly, and wherein the camera is movable together and in tandem with the mirror head when a driver of the vehicle adjusts his or her rearward view (para [0013]: "shown in FIG. 1 as being part of or incorporated in or at an interior rearview mirror assembly 20 of the vehicle").
Regarding Claim 22, Gieseke discloses wherein the light emitter is disposed at the mirror head ([0024]: IR source for camera at mirror, implying co-location for alignment).
Regarding Claim 23, Gieseke discloses wherein the ECU is disposed at the interior rearview mirror assembly (para [0013]: control may be at mirror assembly).
Regarding Claim 24, Gieseke discloses wherein the ECU is disposed at the vehicle remote from the interior rearview mirror assembly (para [0013]: "the control and/or the display device may be disposed elsewhere at or in the vehicle").
Regarding Claim 25, Gieseke discloses wherein the ECU receives radar data captured by an in-cabin radar sensor, and wherein the vehicular cabin monitoring system monitors the interior cabin of the vehicle at least in part via processing at the ECU of the received radar data (para [0028]: "images taken instantaneously (real time) by the exterior field of view vehicle cameras and/or other environmental sensors of the vehicle, such as, for example, RADAR sensors ... "; note: radar for monitoring, applicable to interior).
Regarding Claim 26, Gieseke discloses a vehicular cabin monitoring system, the vehicular cabin monitoring system comprising (as per claim 1 mapping):
a camera disposed at a mirror head of an interior rearview mirror assembly that is disposed within a cabin of a vehicle equipped with the vehicular cabin monitoring system, wherein the camera is movable together and in tandem with the mirror head when a driver of the vehicle adjusts his or her rearward view, and wherein the mirror head includes a mirror reflective element (as per claim 21);
wherein the camera views within an interior cabin of the vehicle, and wherein the camera is operable to capture image data (as per claim 1);
wherein the camera comprises an imager, and wherein the imager comprises a CMOS
imaging array having at least one million photosensors arranged in rows and columns (as per claim 1);
an electronic control unit (ECU) comprising electronic circuitry and associated software, wherein the electronic circuitry includes an image processor operable to process image data captured by the camera (as per claim 1);
wherein image data captured by the camera is transferred to and is processed at the ECU (as per claim 1);
a light emitter disposed at the mirror head (as per claim 22);
wherein the light emitter is operable to emit nonvisible light, wherein nonvisible light
emitted by the light emitter, when electrically operated to emit nonvisible light, illuminates at least a portion of the interior cabin that is viewed by the camera, and wherein the light emitter comprises a plurality of light emitting diodes (LEDs) (as per claims 1 and 2).
Gieseke does not disclose wherein the vehicular cabin monitoring system, with the light emitter electrically operated to emit nonvisible light, and via processing at the ECU of image data captured by the camera and transferred to the ECU, determines illuminance of nonvisible light at a region of interest within the illuminated portion of the interior cabin that is viewed by the camera (as per claim 1, mapped to Lee);
disclose and wherein the vehicular cabin monitoring system, responsive to determining that the illuminance of nonvisible light at the region of interest is greater than a threshold illuminance, reduces intensity of nonvisible light emitted by the light emitter (as per claim 1, mapped to Lee).
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to combine as per claim 1.
Regarding Claim 27, the modified Gieseke discloses, wherein a first LED of the plurality of LEDs, when electrically operated to emit nonvisible light, emits nonvisible light for driver monitoring, and wherein a second LED of the plurality of LEDs, when electrically operated to emit nonvisible light, emits nonvisible light for occupant detection, and wherein the first LED and the second LED are different. As per claim 3, mapped to Lee.
Regarding Claim 28, the modified Gieseke discloses, wherein the second LED has a wider field of illumination than the first LED. As per claim 4, mapped to Lee.
Regarding Claim 29, the modified Gieseke discloses, wherein the vehicular cabin monitoring system reduces intensity of nonvisible light emitted by the plurality of LEDs by disabling the first LED for driver monitoring and not disabling the second LED for occupant detection. As per claim 5, mapped to Lee.
Regarding Claim 30, the modified Gieseke discloses, wherein the vehicular cabin monitoring system, while the first LED is disabled and responsive to determining that the illuminance of nonvisible light at the region of interest is greater than the threshold illuminance for a threshold period of time, disables the second LED for occupant detection. As per claim 6, mapped to Lee.
Regarding Claim 31, the modified Gieseke discloses, wherein the vehicular cabin monitoring system reduces intensity of nonvisible light emitted by the plurality of LEDs based on adjusting power applied to at least one LED of the plurality of LEDs. As per claim 7, mapped to Lee.
Regarding Claim 32, the modified Gieseke discloses, wherein the vehicular cabin monitoring system reduces intensity of nonvisible light emitted by the plurality of LEDs by not powering at least one LED of the plurality of LEDs. As per claim 8, mapped to Lee.
Regarding Claim 33, Gieseke discloses wherein the camera and the light emitter are disposed at a lower region of the mirror head below the mirror reflective element of the mirror head (para [0013]: at mirror assembly; note: lower region common for unobstructed view, obvious placement).
Regarding Claim 34, Gieseke discloses wherein the camera is disposed within the mirror head and views through the mirror reflective element of the mirror head (para [0013]: incorporated in mirror assembly; note: viewing through reflective element common in mirror-based systems for concealment).
Regarding Claim 35, Gieseke discloses a vehicular cabin monitoring system, the vehicular cabin monitoring system comprising (as per claim 1):
a camera disposed within a cabin of a vehicle equipped with the vehicular cabin monitoring system, the camera viewing within an interior cabin of the vehicle, wherein the camera is operable to capture image data (as per claim 1);
wherein the camera comprises an imager, and wherein the imager comprises a CMOS
imaging array having at least one million photosensors arranged in rows and columns (as per claim 1);
an electronic control unit (ECU) comprising electronic circuitry and associated software,
wherein the electronic circuitry includes an image processor operable to process image data captured by the camera (as per claim 1);
wherein image data captured by the camera is transferred to and is processed at the ECU (as per claim 1);
a light emitter operable to emit nonvisible light, wherein nonvisible light emitted by the light emitter, when electrically operated to emit nonvisible light, illuminates at least a portion of the interior cabin that is viewed by the camera, and wherein the light emitter is disposed at a mirror head of an interior rearview mirror assembly (as per claims 1 and 22);
wherein the ECU is disposed at the vehicle remote from the interior rearview mirror
assembly (as per claim 24).
Gieseke does not disclose wherein the vehicular cabin monitoring system, with the light emitter electrically operated to emit nonvisible light, and via processing at the ECU of image data captured by the camera and transferred to the ECU, determines illuminance of nonvisible light at a region of interest within the illuminated portion of the interior cabin that is viewed by the camera (as per claim 1, mapped to Lee);
wherein the vehicular cabin monitoring system, responsive to determining that
the illuminance of nonvisible light at the region of interest is greater than a threshold illuminance, reduces intensity of nonvisible light emitted by the light emitter (as per claim 1, mapped to Lee).
Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the claimed invention to combine as per claim 1.
Regarding Claim 36, the modified Gieseke discloses, wherein the region of interest is based on a location of the light emitter relative to the camera. As per claim 9.
Regarding Claim 37, the modified Gieseke discloses, wherein, after reducing intensity of nonvisible light emitted by the light emitter, and responsive to determining that the illuminance of nonvisible light at the region of interest continues to be greater than the threshold illuminance for at least a threshold period of time, the vehicular cabin monitoring system disables the light emitter. As per claim 10, mapped to Lee.
Regarding Claim 38, the modified Gieseke discloses, wherein the vehicular cabin monitoring system disables the light emitter for a second threshold period of time. As per claim 11, mapped to Lee.
Regarding Claim 39, the modified Gieseke discloses, wherein the determined illuminance of nonvisible light at the region of interest is greater than the threshold illuminance when a head of an occupant of the vehicle is within a threshold distance of the light emitter. As per claim 12, mapped to Lee.
Regarding Claim 40, the modified Gieseke discloses, wherein the camera disposed at the mirror head of the interior rearview mirror assembly, and wherein the camera is movable together and in tandem with the mirror head when a driver of the vehicle adjusts his or her rearward view (as per claim 21).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Biemer (US 20150009010 A1) discloses vehicle vision system with driver detection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL D CHANG whose telephone number is (571)272-1801. The examiner can normally be reached M-F 8-5 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Taningco can be reached at 5712728048. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANIEL D CHANG/ Primary Examiner, Art Unit 2844