DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-5 are presented for examination on the merits.
Claim Rejections - 35 USC § 102
2. 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.
3. 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.
4. Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Beineke (CN 111873799 A).
As to claim 1, Beineke discloses in display method having claimed:
a. an alarm system to be mounted in a vehicle, the alarm system comprising: a display to be used for displaying information for an in-vehicle apparatus and an imager capable of acquiring an image including a face of a driver read on Col. 7, Para. 3, (detecting the first gaze, comprising using the sensor 16 to detect is directed to the at least one characteristic 22 presented on the one or more vehicle display 14 of the first gaze 18A. Referring back to the example shown in FIG. 4, the first gaze 18A is directed to the tire pressure warning icon on the meter display 14A at the left side of the steering wheel 24. For the purposes of illustration, the dashed lines around the icon are used to illustrate the object of interest; and it will be understood that the dashed line is not visible to the occupant 10. As described above, when the controller circuit 20 based on the image sequence captured by the camera detects the pause interval, determining the first gaze 18A. The controller circuit 20 indicates that the occupant 10 has selected the feature 22 (i.e., the selected feature 22B) based on the first gaze 18A to the occupant 10. In the example shown in FIG. 4, the controller circuit 20 is based on the layout of the instrument display 14A stored in the memory to determine the selected characteristic 22B in the line of sight. In the example, the controller circuit 20 indicates the selected feature 22B by highlighting the boundary of the selected feature 22B. In another example, the controller circuit 20 indicates the selected feature 22B by pulsing the brightness of the selected feature 22B. In yet another example, the controller circuit 20 indicates the selected feature 22B by amplifying or reducing the size of the selected feature 22B (i.e., pulsing the size of the selected feature 22B));
b. a controller configured to, upon determining, based on the image, that a situation in which the driver looks at the display has continued for a predetermined time period or longer read on Page 5, Para. 4, (the camera captures the sequence of images over time, the sequence of images including the eyes and the head of the occupant 10 to be processed by the controller circuit 20. In an example, the camera captures the image sequence at a frame rate between 10 frames per second (10 fps) and 60fps per second. It will be understood that the increased frame rate will capture an increased number of images of the eye and head, for processing by the controller circuit 20. The image indicates the position of the eye and the head, and the image sequence determines the pause interval, in the pause interval, the eye is kept in approximately the same position (about 2 degrees of allowable tolerance) reaches the defined duration. That is, the controller circuit 20 determines the pause interval by comparing the position of the eye in each subsequent image (i.e., frame) captured by the camera. For example, a camera having a frame rate of 10 fps, which captures two consecutive frames of the eye of the operator 10 in the same position, will generate a pause interval of 0.2 seconds (i.e. 200 ms (200 ms)) detected by the controller circuit 20);
c. display information regarding a travel condition of the vehicle on the display read on Page 5, Para. 4+, (the pause interval may be any duration, and in the example, the pause interval of about 200ms is long enough to determine that the occupant 10 is watching a specific feature 22. In the example, the pause interval is a fixed time period. In another example, the pause interval is a variable time period, and based on the number of features 22 displayed on the specific vehicle display 14 changes. In this example, compared with the vehicle display 14 having fewer display characteristics 22, the vehicle display 14 with a relatively large number of features 22 can enable longer pause intervals, to allow the passenger 10 to have sufficient time to search and find the particular characteristic 22 of interest. step 104, determining the shielded view, comprising using the controller circuit 20 to determine whether the one or more features 22 presented on at least one vehicle display 14 is at least partially shielded from the view of the passenger 10 (i.e., the partially sheltered feature 22A). In this example, due to the seating position of the occupant 10, the steering wheel position, the steering wheel size and the physical characteristics of the occupant 10 (e.g., height, head position, etc.), one or more of the features 22 on the vehicle display 14 can be at least partially occlusible from the view. In this example, feature 22 is a digital instrument on the instrument display 14A, which may indicate various operating conditions of the subsystem of the vehicle. In another example, the feature 22 is an icon that may provide information to the occupant 10, such as a warning associated with the vehicle subsystem. In another example, feature 22 is an information entertainment feature, such as a map, which shows the navigation information. In another example, the characteristic 22 is a camera image, such as those from the rear camera and/or other camera image of other vehicle-mounted camera).
As to claim 2, Beineke further discloses:
a. wherein the predetermined time period is set to a time period that differs according to the travel condition of the vehicle read on Page 5, Para. 4, (The controller circuit 20 then determines the gaze 18 associated with each pause interval, and stores the gaze 18 in the memory. That is, the controller circuit determines where the occupant 10 is looking at during each pause interval, and stores the information for later use. The pause interval may be any duration, and in the example, the pause interval of about 200ms is long enough to determine that the occupant 10 is watching a specific feature 22. In the example, the pause interval is a fixed time period. In another example, the pause interval is a variable time period, and based on the number of features 22 displayed on the specific vehicle display 14 changes. In this example, compared with the vehicle display 14 having fewer display characteristics 22, the vehicle display 14 with a relatively large number of features 22 can enable longer pause intervals, to allow the passenger 10 to have sufficient time to search and find the particular characteristic 22 of interest).
Claim Rejections - 35 USC § 103
5. 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.
6. 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 of this title, 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.
7. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Beineke in view of Kim (KR 20230050535 A).
As to claim 3, Beineke does not explicitly recite wherein the controller is configured to: acquire information on a travel speed of the vehicle; and display, on the display, the information on the travel speed and/or information indicating a change in travel speed as the information regarding the travel condition.
However, Kim in a display system and method for improving the safety cures deficiency by teaching that it may be beneficial wherein the controller is configured to: acquire information on a travel speed of the vehicle; and display, on the display, the information on the travel speed and/or information indicating a change in travel speed as the information regarding the travel condition read on Page 3, Para. 4, (the information inside the bus is state information inside the electric bus, and may include the number of passengers, getting on and off situation information for each stop, temperature and humidity information inside the electric bus, and the like. Real-time driver information is the driver's biometric information that can change according to the driver's condition, and may include the driver's gaze, visual acuity, motion, emotion, voice, drowsiness, and the like. Also, in the embodiment, the information collection module 100 may collect driving detailed information of the electric bus. The driving detailed information is data representing the driving state of the electric bus, such as the speed, acceleration, steering state, and deceleration state of the electric bus).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the display system and method for improving autonomous driving safety of electric bus of Kim into Beineke in order to provide a display module 400 may adjust the output position of driving information contents that the driver must check according to the direction of the driver's gaze. Specifically, when the driver's gaze is directed to the right in the right turn section, the driving information content may be output to the right area of the central information display.
8. Claim 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Beineke in view of Feit (US 10336323 B2).
As to claim 4, Beineke does not explicitly recite wherein the information regarding the travel condition includes an inter-vehicle distance between a vehicle that travels ahead of the vehicle and the vehicle, and the controller is configured to display, on the display, information on the inter-vehicle distance as the information regarding the travel condition when the inter-vehicle distance is shorter than a predetermined distance and/or when the inter-vehicle distance is reduced with a faster speed than a predetermined speed.
However, Feit in predictive human-machine interface using eye gaze technology cures deficiency by teaching that it may be beneficial wherein the information regarding the travel condition includes an inter-vehicle distance between a vehicle that travels ahead of the vehicle and the vehicle, and the controller is configured to display, on the display, information on the inter-vehicle distance as the information regarding the travel condition when the inter-vehicle distance is shorter than a predetermined distance and/or when the inter-vehicle distance is reduced with a faster speed than a predetermined speed read on Col. 6, Lines 34-49, (FIG. 6 is a flowchart of existing crash mitigation braking systems where eye gaze technology is not used. Existing systems detect whether a target vehicle is in front of the driver's vehicle 605 and determine the relative velocity of the target vehicle 610 relative to the driver's vehicle. If the target vehicle is moving faster 615, then no alert is given 625. If the target vehicle is moving slower, but within ten miles per hour (mph) (for example) of the driver's vehicle 620 then no alert is given 625. If the target vehicle is moving more than ten mph slower than the driver's vehicle 630 then existing systems determine the distance to the target vehicle 635 and generate an alert 645 if the distance is below an alert threshold 640. Otherwise 645, no alert provided 625. The alert threshold may vary depending upon the speed of the driver's vehicle or the difference in speed between the two vehicles).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the predictive human-machine interface using eye gaze technology, blind spot indicators and driver experience of Feit into Beineke in order to provide a to provide a warning of a dangerous driving situation and warnings of accidents that a driver knows will not occur.
As to claim 5, Feit further teaches:
a. wherein the in-vehicle apparatus is a navigation apparatus configured to provide guidance on a route that the vehicle is to travel, and the controller is configured to superimpose on information for the navigation apparatus displayed on the display and display the information regarding the travel condition read on Col. 16, Lines 1-12, ( In this embodiment, the eye gaze detection system works in conjunction with a phone connected to the system (via Bluetooth or some similar technology). In one embodiment, the eye gaze detection system is additionally configured to incorporate location information from a navigation system into the pre-recorded message).
Citation of pertinent Prior Arts
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: see PTO-892 Notice of References Cited.
Conclusion
10. If the claimed invention is amended, Applicant is respectfully requested to indicate the portion(s) of the specification, which dictate(s) the structure/description relied upon to assist the Examiner in proper interpretation of the amended language and also to verify and ascertain the metes and bounds of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fekadeselassie Girma whose telephone number is (571) 270-5886. The examiner can normally be reached on Monday thru Friday, 8:30 – 5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta W. Goins can be reached on (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Fekadeselassie Girma/
Primary Examiner Art Unit 2689