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 .
DETAILED ACTION
1. This communication is a first office action, non-final rejection on the merits. Claims 1-7, as originally filed, are currently pending and have been considered below.
Priority
2. The application is filed on 10/07/2024 but claims the benefit of foreign application number JP 2023-180045 filed on 10/19/2023.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 10/07/2024 has been considered. The submission is in compliance with the provisions of 37 CFR 1.97. Form PTO-1449 is signed and attached hereto.
Claim Interpretation
4. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
5. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “input unit”, “detection unit”, “determination unit”, “motion acquisition unit”, in claims 1-5.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
Double Patenting
6. Claims 1-2, and 6-7 of this application is patentably indistinct from claims 1-2, 8 and 9 of Application No. 18/908737. Pursuant to 37 CFR 1.78(e) or pre-AIA 37 CFR 1.78(b), when two or more applications filed by the same applicant contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
9. Claims 1-2, 6 and 7 of the copending application (18/908737) as shown in the table below contains every element of claims 1-2, 8 and 9 of the instant application.
Claims of instant application 18908748
Claims of copending application 18908737
1. An abnormality detection device comprising: an input unit that inputs motion information and biometric information on a driver of a vehicle, and behavior information on the vehicle;
a detection unit that detects an abnormal sign of the driver based on the motion information, the biometric information, and the behavior information; and
an abnormal sign determination unit that determines whether the driver shows an abnormal sign in a body based on a detection result of the detection unit.
2. The abnormality detection device according to claim 1, wherein the input unit includes a motion acquisition unit that acquires the motion information, a behavior acquisition unit that acquires the behavior information on the vehicle, and a biometric information acquisition unit that acquires the biometric information on the driver, the detection unit includes a motion detection unit that detects a motion indicating pain associated with a disease of the body of the driver based on the motion information acquired by the motion acquisition unit, a behavior detection unit that detects abnormal behavior of the vehicle based on the behavior information acquired by the behavior acquisition unit, and a biometric information detection unit that detects the biometric information that is the abnormal sign of the driver based on the biometric information acquired by the biometric information acquisition unit, and the abnormal sign determination unit determines that the driver shows an abnormal sign in the body in a case where one or more of the motion detection unit and the biometric information detection unit detect the abnormal sign of the driver as well as in a case where the behavior detection unit detects the abnormal sign of the driver.
6. An abnormality detection method comprising: an input process of inputting motion information and biometric information on a driver of a vehicle, and behavior information on the vehicle; a detection process of detecting an abnormal sign of the driver based on the motion information, the biometric information, and the behavior information; and an abnormal sign determination process of determining whether the driver shows an abnormal sign in a body based on a detection result in the detection process.
7. A storage medium storing an abnormality detection program that causes a computer to detect abnormality of a driver of a vehicle, the abnormality detection program causing the computer to execute processing comprising: an input process of inputting motion information and biometric information on a driver of a vehicle, and behavior information on the vehicle; a detection process of detecting an abnormal sign of the driver based on the motion information, the biometric information, and the behavior information; and an abnormal sign determination process of determining whether the driver shows an abnormal sign in a body based on a detection result in the detection process.
1. A vehicle control device comprising:
a detection unit that is configured to detect a motion of a driver of a vehicle, a behavior of the vehicle, and biological information of the driver;
an abnormal sign determination unit that is configured to determine whether there is an abnormal sign on the driver based on the motion of the driver, the behavior of the vehicle, and the biological information of the driver; and
a vehicle controller that is configured to perform different types of vehicle control according to a situation of the abnormal sign on the driver.
2. The vehicle control device according to claim 1, wherein the detection unit includes a posture detection unit that is configured to detect a posture in which the driver is in an abnormal state, a motion detection unit that is configured to detect a motion that is the abnormal sign on the driver, a vehicle behavior detection unit that is configured to detects an abnormal behavior of the vehicle associated with the abnormal sign on the driver, and a biological information detection unit that is configured to detect biological information that is the abnormal sign on the driver, the vehicle control device further includes an abnormality determination unit that is configured to determine whether the driver is in the abnormal state by using at least a detection result of the posture detection unit, and the vehicle controller is configured to activate driving assistance control for enhancing traveling safety of the vehicle from a time when it is determined that the driver has the abnormal sign to a time when it is determined that the driver is in the abnormal state.
8. A vehicle control method comprising: a detection step of detecting a motion of a driver of a vehicle, a behavior of the vehicle, and biological information of the driver; an abnormal sign determination step of determining whether there is an abnormal sign on the driver based on the motion of the driver, the behavior of the vehicle, and the biological information of the driver; and a vehicle control step of performing different types of vehicle control according to a situation of the abnormal sign on the driver.
9. A storage medium storing a vehicle control program for causing a computer to execute vehicle control, the vehicle control program including: a detection step of detecting a motion of a driver of a vehicle, a behavior of the vehicle, and biological information of the driver; an abnormal sign determination step of determining whether there is an abnormal sign on the driver based on the motion of the driver, the behavior of the vehicle, and the biological information of the driver; and a vehicle control step of performing different types of vehicle control according to a situation of the abnormal sign on the driver.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 101
6. 35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 7 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claims are directed to “storage medium storing an abnormality detection program”. Storage medium, as discussed in paragraph [019] of the specification, discusses control unit 3 includes a central processing unit (CPU), a read only memory (ROM), and a random access memory (RAM), and for example, loads the abnormality detection program stored in the ROM into the RAM and executes the program by the CPU to detect abnormality. However, while giving examples of different storage medium, paragraph [0019] specifically does not limit what can be included as storage medium. Therefore, the term storage medium is reasonably interpreted to include communication media, such as carrier waves, which are not considered to be statutory subject matter.
In order to correct this issue, the claims may be amended to positively identify the “Storage medium” to be non-transitory.
Claim Rejections - 35 USC § 102
7. 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.
8. Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Oba (US 20230339476 A1) (hereinafter Oba).
Regarding claim 1, Oba discloses an abnormality detection device (Fig. 21, para 211, detection unit 143 detecting the state of vehicle, states of vehicle to be detected include a velocity, an acceleration, a steering angle, presence/absence and details of an abnormality), comprising:
an input unit (Fig. 8, input 101) that inputs motion information and biometric information on a driver of a vehicle, and behavior information on the vehicle (Fig. 8, input 101, para 218, Situations of the vehicle to be recognized include position, posture, movement (such as velocity, acceleration, and the moving direction, observe and monitor presence/absence of an abnormality in vehicle (i.e., behavior information), para 189, data acquisition unit 102 includes a biological signal (Vital Signal) detector for obtaining observable biological activity information and biometric authentication using face, a fingerprint, the iris, the voiceprint, or the like);
a detection unit that detects an abnormal sign of the driver based on the motion information, the biometric information, and the behavior information (FIG. 5, detect behavior of driver in a moving apparatus, Fig. 8, situation analysis unit 131, para 241, biometric authentication using the face, a fingerprint, the iris, the voiceprint, or the like, para 284, biometric information to be used for the determination of alertness,, para 187-188, biological sensor that detects biological information about driver, data acquisition unit 102 for obtaining information about driver, detectors for detecting position and posture of driver, biological activity information that reflects an observable driving state (i.e., motion information), para 647, ToF sensor analyzes information about transition of upper body standing up, movement of body position, movement and transition of the driver's seat (i.e., motion information)); and
an abnormal sign determination unit that determines whether the driver shows an abnormal sign in a body based on a detection result of the detection unit (Fig. 8, Determination unit 155, para 273, determination unit 155 learns or determine driver's behavior pattern, para 222, detect situations of vehicle include behavior, abnormality, and the like. Situations of surroundings of vehicle include behaviors of moving objects, changes in signal states, changes in the environments, behaviors, physical conditions, and the like of the driver (i.e., abnormal sign of driver)).
Regarding claim 2, Oba discloses the abnormality detection device (Fig. 21, para 211, detection unit 143 detecting the state of vehicle, states of vehicle to be detected include a velocity, an acceleration, a steering angle, presence/absence and details of an abnormality) according to claim 1,
wherein the input unit includes a motion acquisition unit that acquires the motion information, a behavior acquisition unit that acquires the behavior information on the vehicle (Fig. 8, input 101, para 218, Situations of the vehicle to be recognized include position, posture, movement (such as velocity, acceleration, and the moving direction, observe and monitor presence/absence of an abnormality in vehicle (i.e., behavior information)), and
a biometric information acquisition unit that acquires the biometric information on the driver, the detection unit includes a motion detection unit that detects a motion indicating pain associated with a disease of the body of the driver based on the motion information acquired by the motion acquisition unit (para 187-188, biological sensor that detects biological information about driver, data acquisition unit 102 for obtaining information about driver, detectors for detecting position and posture of driver, biological activity information that reflects an observable driving state (i.e., motion information), para 647, ToF sensor analyzes information about transition of upper body standing up, movement of body position, movement and transition of the driver's seat (i.e., motion information), para 287, system detect fatigue from heartbeat, pulse wave, blood flow information, and changes in blood pressure, breathing, expiration, para 565, system detect driver a feeling of physical discomfort, para 189, data acquisition unit 102 includes a biological signal (Vital Signal) detector for obtaining observable biological activity information and biometric authentication using face, a fingerprint, the iris, the voiceprint, or the like),
a behavior detection unit that detects abnormal behavior of the vehicle based on the behavior information acquired by the behavior acquisition unit (para 640, system further analyzes the driver's behavior in response to this notification, para 656, system detects behaviors of the driver, para 207, detection unit 142 detecting information about vehicle, on the basis of data or signals from moving apparatus 100, detecting state of the driver, states of driver to be detected includes physical conditions, level of alertness, level of concentration, level of fatigue, gaze direction, eye movement, and the like), and
a biometric information detection unit that detects the biometric information that is the abnormal sign of the driver based on the biometric information acquired by the biometric information acquisition unit (FIG. 5, detect behavior of driver in a moving apparatus, Fig. 8, situation analysis unit 131, para 241, biometric authentication using the face, a fingerprint, the iris, the voiceprint, or the like, para 284, biometric information to be used for the determination of alertness), and
the abnormal sign determination unit determines that the driver shows an abnormal sign in the body in a case where one or more of the motion detection (Fig. 8, Determination unit 155, para 273, determination unit 155 determine driver's behavior pattern, para 222, detect situations of vehicle include behavior, abnormality, and the like. behaviors of moving objects, changes in states, changes in environments, behaviors, physical conditions, and the like of driver (i.e., abnormal sign of driver)) and
the biometric information detection unit detect the abnormal sign of the driver as well as in a case where the behavior detection unit detects the abnormal sign of the driver (para 823, person exhibits specific movement necessary for recognizing visual information, such as fine fixation, microsaccade, tremors, and drifting).
Regarding claim 3, Oba discloses the abnormality detection device according to claim 2, wherein the motion acquisition unit is a camera that captures an image of the driver, and the motion detection unit is configured to detect at least the motion indicating pain of the driver in a case where a disease of the driver causes pain (para 128, driver information acquisition unit 12 is formed with a camera that captures an image, para 222, detect situations of vehicle include behavior, abnormality, and the like. changes in states, behaviors, physical conditions, and the like of driver (i.e., sickness of driver), para 565, detected driver a feeling of physical discomfort,).
Regarding claim 4, Oba discloses the abnormality detection device according to claim 3, wherein the motion detection unit is configured to detect, as the motion indicating pain, at least a motion of holding a chest, a motion of holding a head, and a motion of holding a neck (para 218, Situations of vehicle recognized include position, posture, movement that determine motion characteristics, para 620, system determines driver's state of alertness which indicates driver is physically capable or state of withdrawal from consciousness in terms of mentality, para 582-584, determines state of alertness of drive, State in which Driver Napping, Lying down and driver in light sleep or deep sleep, para 287, system detect fatigue from heartbeat, pulse wave, blood flow information, and changes in blood pressure, breathing, expiration).
Regarding claim 5, Oba discloses the abnormality detection device according to claim 2, wherein the biometric information detection unit is configured to detect, as the biometric information generated by pain, at least an increase in the pulse rate by a predetermined value or more, an increase in the blood pressure by a predetermined value or more, and an increase in the respiratory rate by a predetermined number or more (para 187, acquisition unit 102 includes sensors for detecting biological information such as a heart rate, a pulse rate, a blood flow, breathing, psychosomatic correlation, sweating state, head postures/behaviors, eyes, staring, blinking, saccade, microsaccade, fixation, drifting, gazing, and iris pupillary reactions).
Regarding claim 6, Oba discloses an abnormality detection method (Fig. 21, para 211, detection unit 143 detecting the state of vehicle, states of vehicle to be detected include a velocity, an acceleration, a steering angle, presence/absence and details of an abnormality), comprising:
an input process of inputting motion information and biometric information on a driver of a vehicle, and behavior information on the vehicle (Fig. 8, input 101, para 218, Situations of the vehicle to be recognized include position, posture, movement (such as velocity, acceleration, and the moving direction, observe and monitor presence/absence of an abnormality in vehicle (i.e., behavior information), para 189, data acquisition unit 102 includes a biological signal (Vital Signal) detector for obtaining observable biological activity information and biometric authentication, fingerprint, the iris, the voiceprint, or the like);
a detection process of detecting an abnormal sign of the driver based on the motion information, the biometric information, and the behavior information (FIG. 5, detect behavior of driver in a moving apparatus, Fig. 8, situation analysis unit 131, para 241, biometric authentication using the face, a fingerprint, the iris, the voiceprint, or the like, para 284, biometric information to be used for the determination of alertness, para 187-188, biological sensor that detects biological information about driver, data acquisition unit 102 for obtaining information about driver, detectors for detecting position and posture of driver, biological activity information that reflects an observable driving state (i.e., motion information), para 647, ToF sensor analyzes information about transition of upper body standing up, movement of body position, movement and transition of the driver's seat (i.e., motion information)); and
an abnormal sign determination process of determining whether the driver shows an abnormal sign in a body based on a detection result in the detection process (Fig. 8, Determination unit 155, para 273, determination unit 155 learns or determine driver's behavior pattern, para 222, detect situations of vehicle include behavior, abnormality, and the like. Situations of surroundings of vehicle include behaviors of moving objects, changes in signal states, changes in the environments, behaviors, physical conditions, and the like of the driver (i.e., abnormal sign of driver)).
Regarding claim 7, Oba discloses a storage medium storing an abnormality detection program that causes a computer to detect abnormality of a driver of a vehicle (Fig. 21, para 211, detection unit 143 detecting the state of vehicle, states of vehicle to be detected include a velocity, an acceleration, a steering angle, presence/absence and details of an abnormality), the abnormality detection program causing the computer to execute processing (para 42, computer-readable format from a storage medium or a communication medium to an information processing device or a computer system that can execute various program codes) comprising:
an input process of inputting motion information and biometric information on a driver of a vehicle, and behavior information on the vehicle (Fig. 8, input 101, para 218, Situations of the vehicle to be recognized include position, posture, movement (such as velocity, acceleration, and the moving direction, observe and monitor presence/absence of an abnormality in vehicle (i.e., behavior information), para 189, data acquisition unit 102 includes a biological signal (Vital Signal) detector for obtaining observable biological activity information and biometric authentication using face, a fingerprint, the iris, the voiceprint, or the like);
a detection process of detecting an abnormal sign of the driver based on the motion information, the biometric information, and the behavior information (FIG. 5, detect behavior of driver in a moving apparatus, Fig. 8, situation analysis unit 131, para 241, biometric authentication using the face, a fingerprint, the iris, the voiceprint, or the like, para 284, biometric information to be used for the determination of alertness, para 187-188, biological sensor that detects biological information about driver, data acquisition unit 102 for obtaining information about driver, detectors for detecting position and posture of driver, biological activity information that reflects an observable driving state (i.e., motion information), para 647, ToF sensor analyzes information about transition of upper body standing up, movement of body position, movement and transition of the driver's seat (i.e., motion information)); and
an abnormal sign determination process of determining whether the driver shows an abnormal sign in a body based on a detection result in the detection process (Fig. 8, Determination unit 155, para 273, determination unit 155 learns or determine driver's behavior pattern, para 222, detect situations of vehicle include behavior, abnormality, and the like. Situations of surroundings of vehicle include behaviors of moving objects, changes in signal states, changes in the environments, behaviors, physical conditions, and the like of the driver (i.e., abnormal sign of driver)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mirza Alam whose telephone number is (469) 295-9286. The examiner can normally be reached on Monday-Thursday 7:30AM-6:00PM (EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Lim can be reached on 571-270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MIRZA F ALAM/Primary Examiner, Art Unit 2688