DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim 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 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(s) 1 2 5 7 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over ISAMI (US-20220041067-A1) in view of ONUMA (US-20170028163-A1).
1. ISAMI (US-20220041067-A1) discloses A vehicle control system configured to control a vehicle, the vehicle control system comprising a single or plurality of processors[0011] The electric vehicle includes an accelerator pedal, a pseudo-clutch pedal, a pseudo-shifter, and a controller configured to control motor torque output by the electric motor. The controller includes, a memory, and a processor, wherein:
the single or plurality of processors is configured to acquire ****, using a sensor that is equipped in the vehicle[0039-41] an accelerator position sensor 32… a brake position sensor 34… pseudo-shift lever 26 is provided with a shift position sensor 36… pseudo-clutch pedal 28 is provided with a clutch position sensor 38… ; and
the single or plurality of processors is configured to ****.
ISAMI lacks distinctly disclosing the following underlined limitations:
… a physical fatigue degree of a driver of the vehicle
… actuate a massage apparatus when an actuation condition is satisfied, the massage apparatus being installed at a driver's seat of the vehicle, the actuation condition including at least a condition that the physical fatigue degree exceeds a first threshold
Regarding the limitation; “…a physical fatigue degree of a driver of the vehicle …actuate a massage apparatus when an actuation condition is satisfied, the massage apparatus being installed at a driver's seat of the vehicle, the actuation condition including at least a condition that the physical fatigue degree exceeds a first threshold”, ONUMA (US-20170028163-A1) discloses in a similar invention field of endeavor, a consideration for [0054] Further, there may be a structure in which the state (the heartbeat fluctuations) of the driver who is in the midst of driving are sensed by a state detecting device (not illustrated) such as an in-vehicle camera (not illustrated) or a sensor or the like that senses biomedical signals (the respiratory rate or the heartbeat rate or the like) of the driver, and, as shown in FIG. 6, when it is detected that the driver is in a tense state (the heartbeat fluctuations are larger than in the region that is the relaxed state), the massaging operation is started automatically, rather than by the driver operating the operation portion… an awakening effect can be imparted to the driver who is tending toward falling asleep (a light sleep of an extent of being overcome by drowsiness), by using the airbags 30
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include a physical fatigue degree of a driver of the vehicle and further to actuate a massage apparatus when an actuation condition is satisfied, the massage apparatus being installed at a driver's seat of the vehicle, the actuation condition including at least a condition that the physical fatigue degree exceeds a first threshold with a reasonable expectation for success, as taught by ONUMA, for the benefit of providing a system capable of monitoring driver/operator so as to determine alertness/awake state of the driver/operator and further configuring systems to have the relevant data (e.g. fatigue levels) to ensure safe driving conditions are maintained [0057]of effectively prevented from falling asleep at the wheel, and a suitable driving region (a relaxed state) can be maintained for the driver.
2. ISAMI (US-20220041067-A1) lacks The vehicle control system according to claim 1, wherein the actuation condition further includes a condition that the driver permits the actuation of the massage apparatus.
Regarding the limitation; ONUMA (US-20170028163-A1) discloses in a similar invention field of endeavor, a consideration for wherein the actuation condition further includes a condition that the driver permits the actuation of the massage apparatus[0053] Note that the positions of the airbags 30 that are inflated and contracted, and the timing (the predetermined time difference) of causing the inflation and expansion of the airbags 30, and the like can be changed by the driver operating the operation portion.
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include wherein the actuation condition further includes a condition that the driver permits the actuation of the massage apparatus with a reasonable expectation for success, as taught by ONUMA, for the benefit of providing an interface for which users may input and configure operational preferences.
5. ISAMI (US-20220041067-A1) discloses The vehicle control system according to claim 1, wherein the vehicle is a manual transmission vehicle that includes a clutch pedal[0040] The electric vehicle 10 further includes a pseudo-shift lever (pseudo-shifter) 26 and a pseudo-clutch pedal 28 as operation input devices… are devices that operate a manual transmission (MT).
7. ISAMI (US-20220041067-A1) discloses The vehicle control system according to claim 1, wherein:
the vehicle is a battery electric vehicle configured to use an electric motor as a dynamic power device for traveling, and includes a pseudo clutch pedal and a pseudo shift device[0040] The electric vehicle 10 further includes a pseudo-shift lever (pseudo-shifter) 26 and a pseudo-clutch pedal 28 as operation input devices;
the pseudo clutch pedal is operated at a time of operation of the pseudo shift device; a driving mode of the battery electric vehicle includes a three-pedal mode[0044] in which an output of the electric motor with respect to operation of an accelerator pedal is changed depending on the operation of the pseudo clutch pedal and the operation of the pseudo shift device[0053] The MT vehicle model 530 is a model that calculates the driving wheel torque obtained by the operation of the accelerator pedal 22, the pseudo-clutch pedal 28, and the pseudo-shift lever 26; and
in the three-pedal mode [0044] The traveling mode of the electric vehicle 10 includes an MT mode and an EV mode. The mode selection switch 42 is configured to be able to arbitrarily select either the MT mode or the EV mode. Although details will be described later, in the MT mode, the electric motor 2 is controlled in the control mode for driving the electric vehicle 10 like the MT vehicle (first mode). In the EV mode, the electric motor 2 is controlled in the normal control mode for the common electric vehicle (second mode)., ****.
ISAMI lacks distinctly disclosing the following underlined limitations:
… the single or plurality of processors is configured to acquire the physical fatigue degree,
… and to actuate the massage apparatus when the actuation condition is satisfied
Regarding the limitation; ONUMA (US-20170028163-A1) discloses in a similar invention field of endeavor, a consideration for [0054] Further, there may be a structure in which the state (the heartbeat fluctuations) of the driver who is in the midst of driving are sensed by a state detecting device (not illustrated) such as an in-vehicle camera (not illustrated) or a sensor or the like that senses biomedical signals (the respiratory rate or the heartbeat rate or the like) of the driver, and, as shown in FIG. 6, when it is detected that the driver is in a tense state (the heartbeat fluctuations are larger than in the region that is the relaxed state), the massaging operation is started automatically, rather than by the driver operating the operation portion… an awakening effect can be imparted to the driver who is tending toward falling asleep (a light sleep of an extent of being overcome by drowsiness), by using the airbags 30
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include acquire the physical fatigue degree of a driver of the vehicle and further to actuate a massage apparatus when an actuation condition is satisfied with a reasonable expectation for success, as taught by ONUMA, for the benefit of providing a system capable of monitoring driver/operator so as to determine alertness/awake state of the driver/operator and further configuring systems to have the relevant data (e.g. fatigue levels) to ensure safe driving conditions are maintained [0057]of effectively prevented from falling asleep at the wheel, and a suitable driving region (a relaxed state) can be maintained for the driver.
9. ISAMI (US-20220041067-A1) lacks The vehicle control system according to claim 7, wherein the massage apparatus includes a bearing-surface massage apparatus that is embedded in a bearing-surface seat of the driver's seat.
Regarding the limitation; ONUMA (US-20170028163-A1) discloses in a similar invention field of endeavor, a consideration for [0034] Plural airbags 30 that are respectively for massaging (refreshing) are provided at the interiors of the seat cushion 12 and the seatback 14 of the vehicle seat 10. Due to the respective airbags 30 inflating and pushing portions of the driver's body, the airbags 30 massage the lumbar region or the back portion and the femoral region or the like of the driver, and relax (refresh) the driver.
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include wherein the massage apparatus includes a bearing-surface massage apparatus that is embedded in a bearing-surface seat of the driver's seat with a reasonable expectation for success, as taught by ONUMA, for the benefit [0057]of effectively prevented from falling asleep at the wheel, and a suitable driving region (a relaxed state) can be maintained for the driver.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over ISAMI (US-20220041067-A1) and ONUMA (US-20170028163-A1), as applied to claim 1 above and further in view of NAKAGOSHI (US-20090048737-A1).
3. The modified system of ISAMI (US-20220041067-A1) lacks The vehicle control system according to claim 1, wherein the actuation condition further includes a condition that a speed of the vehicle is lower than a predetermined speed.
Regarding the limitation; NAKAGOSHI (US-20090048737-A1) discloses in a similar invention field of endeavor, a consideration for [0087-88] Next, concrete construction and operation of the awake state estimation device in accordance with the embodiment will be described. FIG. 8 is a block diagram showing a general construction of an awake state estimation device 10 in accordance with the embodiment. The awake state estimation device 10 includes a steering angle detection portion 101, a vehicle speed detection portion 102, a traveling path detection portion 103, a turn-signal detection portion 104, an ignition signal detection portion 105, a driver indication portion 106, an awake state estimation portion 107, a storage portion 108, and a warning portion 109… [0115] … if in step S1204 it is determined that the traveling speed is less than the vehicle speed threshold value SKV, the awake state estimation portion 107 proceeds to step S1208.
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include wherein the actuation condition further includes a condition that a speed of the vehicle is lower than a predetermined speed with a reasonable expectation for success, as taught by NAKAGOSHI, for the benefit of providing a system capable of monitoring driver/operator so as to determine alertness/awake state of the driver/operator and further configuring systems have the relevant data (e.g. vehicle speed) to ensure safe driving conditions are maintained.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over ISAMI (US-20220041067-A1) and ONUMA (US-20170028163-A1), as applied to claim 1 above and further in view of Matsunaga (US-20110125362-A1).
4. ISAMI (US-20220041067-A1) discloses The vehicle control system according to claim 1, wherein:
the sensor includes a[0039-41] an accelerator position sensor 32… a brake position sensor 34… pseudo-shift lever 26 ****; and
the single or plurality of processors is configured to[0011] The electric vehicle includes an accelerator pedal, a pseudo-clutch pedal, a pseudo-shifter, and a controller configured to control motor torque output by the electric motor. The controller includes, a memory, and a processor ****.
ISAMI lacks distinctly disclosing the following underlined limitations:
… muscle hardness meter that is installed at the driver's seat
… acquire the physical fatigue degree, based on
… a muscle hardness of the driver that is detected by the muscle hardness meter
Regarding the limitation; “…acquire the physical fatigue degree”, ONUMA (US-20170028163-A1) discloses in a similar invention field of endeavor, a consideration for [0054] Further, there may be a structure in which the state (the heartbeat fluctuations) of the driver who is in the midst of driving are sensed by a state detecting device (not illustrated) such as an in-vehicle camera (not illustrated) or a sensor or the like that senses biomedical signals (the respiratory rate or the heartbeat rate or the like) of the driver, and, as shown in FIG. 6, when it is detected that the driver is in a tense state (the heartbeat fluctuations are larger than in the region that is the relaxed state), the massaging operation is started automatically, rather than by the driver operating the operation portion… an awakening effect can be imparted to the driver who is tending toward falling asleep (a light sleep of an extent of being overcome by drowsiness), by using the airbags 30
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include acquire the physical fatigue degree with a reasonable expectation for success, as taught by ONUMA, for the benefit of providing a system capable of monitoring driver/operator so as to determine alertness/awake state of the driver/operator and further configuring systems have the relevant data (e.g. fatigue level) to ensure safe driving conditions are maintained [0057]of effectively prevented from falling asleep at the wheel, and a suitable driving region (a relaxed state) can be maintained for the driver.
Regarding the limitation; “…muscle hardness meter that is installed at the driver's seat… muscle hardness of the driver that is detected by the muscle hardness meter”, Matsunaga (US-20110125362-A1) discloses in a similar invention field of endeavor, a consideration for [0085-87] In addition, in FIG. 2, the musculoskeletal status detection unit 200 functions as a sensor for monitoring movements made by the operator that detects the musculoskeletal status of the operator (including a vehicle driver), and is composed by at least being provided with, for example, a camera 210, a contact sensor 220 and a non-contact sensor 230… In addition, the contact sensor 220 has the function of a contact-type motion sensor for directly sensing movement of the operator, and is installed on the operating member 500 that contacts the operator (such as on the operating lever 550, or the steering wheel 510 or seat occupied by the operator in the case of a vehicle)… [0093] various types of databases or tables (such as physical musculoskeletal information database 106a) housed in the storage unit 106 are storage devices such as a hard disk drive. For example, the storage unit 106 houses various types of programs, tables, files and databases used for various types of processing, information required for predicting operations by the operator (including a driver) (such as the antagonistic balance between physical joint constraints (range of motion) and muscle (such as the strength of flexure and extension for each joint))… physical musculoskeletal information database 106a is used when predicting whether or not the operator will operate the operating member 500 based on musculoskeletal status information acquired by the control unit 102… the musculoskeletal status information acquisition unit 102a acquires musculoskeletal status information of the operator (including a vehicle driver) by controlling the musculoskeletal status detection unit 200.
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include muscle hardness meter that is installed at the driver's seat measuring muscle hardness of the driver that is detected by the muscle hardness meter with a reasonable expectation for success, as taught by Matsunaga, for the benefit of [0093] predicting whether or not the operator will operate the operating member 500 based on musculoskeletal status information acquired by the control unit.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over ISAMI (US-20220041067-A1) and ONUMA (US-20170028163-A1), as applied to claim 5 above and further in view of SEKINE (US-20220063677-A1).
6. ISAMI (US-20220041067-A1) discloses The vehicle control system according to claim 5, wherein:
the sensor includes a clutch position sensor that detects operation of the clutch pedal[0042] The pseudo-clutch pedal 28 is provided with a clutch position sensor 38 for detecting depression amount Pc [%] which is an operation amount of the pseudo-clutch pedal 28. The clutch position sensor 38 is connected to the controller 50 by the in-vehicle network.; and
the single or plurality of processors is configured to acquire **** operation of the clutch pedal[0039-41] an accelerator position sensor 32… a brake position sensor 34… pseudo-shift lever 26 is provided with a shift position sensor 36… pseudo-clutch pedal 28 is provided with a clutch position sensor 38.
ISAMI lacks distinctly disclosing the following underlined limitations:
… acquire the physical fatigue degree,
… based on at least one of the number of times of the operation of the clutch pedal in a certain time and an operation time of the clutch pedal in the certain time.
Regarding the limitation; “…acquire the physical fatigue degree”, ONUMA (US-20170028163-A1) discloses in a similar invention field of endeavor, a consideration for [0054] Further, there may be a structure in which the state (the heartbeat fluctuations) of the driver who is in the midst of driving are sensed by a state detecting device (not illustrated) such as an in-vehicle camera (not illustrated) or a sensor or the like that senses biomedical signals (the respiratory rate or the heartbeat rate or the like) of the driver, and, as shown in FIG. 6, when it is detected that the driver is in a tense state (the heartbeat fluctuations are larger than in the region that is the relaxed state), the massaging operation is started automatically, rather than by the driver operating the operation portion… an awakening effect can be imparted to the driver who is tending toward falling asleep (a light sleep of an extent of being overcome by drowsiness), by using the airbags 30
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include acquire the physical fatigue degree with a reasonable expectation for success, as taught by ONUMA, for the benefit of providing a system capable of monitoring driver/operator so as to determine alertness/awake state of the driver/operator and further configuring systems have the relevant data (e.g. fatigue level) to ensure safe driving conditions are maintained [0057]of effectively prevented from falling asleep at the wheel, and a suitable driving region (a relaxed state) can be maintained for the driver.
Regarding the limitation; “…based on at least one of … an operation time of the … pedal in the certain time”, SEKINE (US-20220063677-A1) discloses in a similar invention field of endeavor, a consideration for [claim.1-2] A travel controller comprising a processor configured to: perform driving control of a vehicle at an autonomous driving level that is a first autonomous driving level in which a driver of the vehicle is not obligated to watch or a second autonomous driving level in which the driver is obligated to watch;… determine an attention level of the driver, based on an output of a sensor provided for the vehicle, the attention level being a level of attention to driving; and modify the predetermined period so as to be shorter when the determined attention level is high than when the determined attention level is low… wherein the processor determines the attention level higher when an output of the sensor is detected than when the output is not detected, the output indicating that the driver is in contact with a steering wheel or a pedal longer than a contact-time threshold, the steering wheel or the pedal being operated by the driver to drive the vehicle.
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include at least one of an operation time of the pedal in the certain time with a reasonable expectation for success, as taught by SEKINE, for the benefit of providing a system capable of monitoring driver/operator so as to determine alertness/awake state of the driver/operator and further configuring systems to have the relevant data (e.g. user input/operation) to ensure safe driving conditions are maintained
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over ISAMI (US-20220041067-A1) and ONUMA (US-20170028163-A1), as applied to claim 7 above and further in view of SEKINE (US-20220063677-A1).
8. ISAMI (US-20220041067-A1) discloses The vehicle control system according to claim 7, wherein:
the sensor includes a clutch position sensor configured to detect the operation of the pseudo clutch pedal[0042] The pseudo-clutch pedal 28 is provided with a clutch position sensor 38 for detecting depression amount Pc [%] which is an operation amount of the pseudo-clutch pedal 28. The clutch position sensor 38 is connected to the controller 50 by the in-vehicle network.; and
**** operation of the pseudo clutch pedal[0039-41] an accelerator position sensor 32… a brake position sensor 34… pseudo-shift lever 26 is provided with a shift position sensor 36… pseudo-clutch pedal 28 is provided with a clutch position sensor 38
****.
ISAMI lacks distinctly disclosing the following underlined limitations:
… single or plurality of processors is configured to acquire the physical fatigue degree,
… based on at least one of the number of times of the operation of the pseudo clutch pedal in a certain time and an operation time of the pseudo clutch pedal in the certain time
Regarding the limitation; “…acquire the physical fatigue degree”, ONUMA (US-20170028163-A1) discloses in a similar invention field of endeavor, a consideration for [0054] Further, there may be a structure in which the state (the heartbeat fluctuations) of the driver who is in the midst of driving are sensed by a state detecting device (not illustrated) such as an in-vehicle camera (not illustrated) or a sensor or the like that senses biomedical signals (the respiratory rate or the heartbeat rate or the like) of the driver, and, as shown in FIG. 6, when it is detected that the driver is in a tense state (the heartbeat fluctuations are larger than in the region that is the relaxed state), the massaging operation is started automatically, rather than by the driver operating the operation portion… an awakening effect can be imparted to the driver who is tending toward falling asleep (a light sleep of an extent of being overcome by drowsiness), by using the airbags 30
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include acquire the physical fatigue degree with a reasonable expectation for success, as taught by ONUMA, for the benefit of providing a system capable of monitoring driver/operator so as to determine alertness/awake state of the driver/operator and further configuring systems have the relevant data (e.g. fatigue level) to ensure safe driving conditions are maintained [0057]of effectively prevented from falling asleep at the wheel, and a suitable driving region (a relaxed state) can be maintained for the driver.
Regarding the limitation; “…based on at least one of … an operation time of the … pedal in the certain time”, SEKINE (US-20220063677-A1) discloses in a similar invention field of endeavor, a consideration for [claim.1-2] A travel controller comprising a processor configured to: perform driving control of a vehicle at an autonomous driving level that is a first autonomous driving level in which a driver of the vehicle is not obligated to watch or a second autonomous driving level in which the driver is obligated to watch;… determine an attention level of the driver, based on an output of a sensor provided for the vehicle, the attention level being a level of attention to driving; and modify the predetermined period so as to be shorter when the determined attention level is high than when the determined attention level is low… wherein the processor determines the attention level higher when an output of the sensor is detected than when the output is not detected, the output indicating that the driver is in contact with a steering wheel or a pedal longer than a contact-time threshold, the steering wheel or the pedal being operated by the driver to drive the vehicle.
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include at least one of an operation time of the pedal in the certain time with a reasonable expectation for success, as taught by SEKINE, for the benefit of providing a system capable of monitoring driver/operator so as to determine alertness/awake state of the driver/operator and further configuring systems to have the relevant data (e.g. user input/operation) to ensure safe driving conditions are maintained.
Claim(s) 10 11 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over ISAMI (US-20220041067-A1) and ONUMA (US-20170028163-A1), as applied to claim 7 above and further in view of NAKAGOSHI (US-20090048737-A1).
10. ISAMI (US-20220041067-A1) discloses The vehicle control system according to claim 7, wherein:
the driving mode of the battery electric vehicle[0044] The traveling mode of the electric vehicle 10 includes an MT mode and an EV mode. The mode selection switch 42 is configured to be able to arbitrarily select either the MT mode or the EV mode.. The mode selection switch 42 is connected to the controller 50 by the in-vehicle network. further includes a two-pedal mode in which the operation of the pseudo clutch pedal is not necessary[0058] in the EV mode, the operation of the pseudo-shift lever 26 and the operation of the pseudo-clutch pedal 28 are disabled.; and
the single or plurality of processors is further configured to switch the driving mode from the three-pedal mode to the two-pedal mode[0044] The mode selection switch 42 is connected to the controller 50 by the in-vehicle network,
when a mode switching condition is satisfied[0044], the mode switching condition including at least a condition **** during the three-pedal mode[0044, 0054],.
ISAMI lacks distinctly disclosing the following underlined limitations:
… the mode switching condition including at least a condition that the physical fatigue degree exceeds a second threshold during the three-pedal mode
Regarding the limitation; NAKAGOSHI (US-20090048737-A1) discloses in a similar invention field of endeavor, a consideration for [0087-88] Next, concrete construction and operation of the awake state estimation device in accordance with the embodiment will be described. FIG. 8 is a block diagram showing a general construction of an awake state estimation device 10 in accordance with the embodiment. The awake state estimation device 10 includes a steering angle detection portion 101, a vehicle speed detection portion 102, a traveling path detection portion 103, a turn-signal detection portion 104, an ignition signal detection portion 105, a driver indication portion 106, an awake state estimation portion 107, a storage portion 108, and a warning portion 109… [0016] … and may estimate that the driver is in the non-awake state if the standard deviation value is greater than or equal to the threshold value.
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include a condition that the physical fatigue degree exceeds a threshold with a reasonable expectation for success, as taught by NAKAGOSHI, for the benefit of providing a system capable of monitoring driver/operator so as to determine alertness/awake state of the driver/operator and further configuring systems have the relevant data (e.g. vehicle speed) to ensure safe driving conditions are maintained.
11. ISAMI (US-20220041067-A1) discloses The vehicle control system according to claim 10, wherein the mode switching condition further includes a condition that the driver permits the switching[0044, 0054, 0058] The mode selection switch 42 is connected to the controller 50 by the in-vehicle network from the three-pedal mode to the two-pedal mode.
12. ISAMI (US-20220041067-A1) discloses The vehicle control system according to claim 10, wherein the single or plurality of processors is configured to determine whether the mode switching condition is satisfied after the **** condition is satisfied[0044, 0054, 0058] The mode selection switch 42 is connected to the controller 50 by the in-vehicle network from the three-pedal mode to the two-pedal mode ****
ISAMI lacks distinctly disclosing the following underlined limitations:
… after the actuation condition is satisfied and
… the massage apparatus is actuated
Regarding the limitation; “…actuation condition is satisfied … the massage apparatus is actuated”, ONUMA (US-20170028163-A1) discloses in a similar invention field of endeavor, a consideration for [0054] Further, there may be a structure in which the state (the heartbeat fluctuations) of the driver who is in the midst of driving are sensed by a state detecting device (not illustrated) such as an in-vehicle camera (not illustrated) or a sensor or the like that senses biomedical signals (the respiratory rate or the heartbeat rate or the like) of the driver, and, as shown in FIG. 6, when it is detected that the driver is in a tense state (the heartbeat fluctuations are larger than in the region that is the relaxed state), the massaging operation is started automatically, rather than by the driver operating the operation portion… an awakening effect can be imparted to the driver who is tending toward falling asleep (a light sleep of an extent of being overcome by drowsiness), by using the airbags 30
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include an actuation condition is satisfied and the massage apparatus is actuated with a reasonable expectation for success, as taught by ONUMA, for the benefit of providing a system capable of monitoring driver/operator so as to determine alertness/awake state of the driver/operator and further configuring systems to have the relevant data (e.g. fatigue levels) to ensure safe driving conditions are maintained [0057]of effectively prevented from falling asleep at the wheel, and a suitable driving region (a relaxed state) can be maintained for the driver.
Claim(s) 13 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over ISAMI (US-20220041067-A1) and ONUMA (US-20170028163-A1) in view of NAKAGOSHI (US-20090048737-A1).
13. ISAMI (US-20220041067-A1) discloses A vehicle control system configured to control a battery electric vehicle that uses an electric motor as a dynamic power device for traveling, the vehicle control system comprising a single or plurality of processors[0011] The electric vehicle includes an accelerator pedal, a pseudo-clutch pedal, a pseudo-shifter, and a controller configured to control motor torque output by the electric motor. The controller includes, a memory, and a processor, wherein:
the battery electric vehicle includes a pseudo clutch pedal and a pseudo shift device; the pseudo clutch pedal is operated at a time of operation of the pseudo shift device[0053] …obtained by the operation of the accelerator pedal 22, the pseudo-clutch pedal 28, and the pseudo-shift lever 26 assuming that the electric vehicle 10 is equipped with the engine;
a driving mode of the battery electric vehicle includes a three-pedal mode in which an output of the electric motor with respect to operation of an accelerator pedal is changed depending on the operation of the pseudo clutch pedal and the operation of the pseudo shift device[0053] The MT vehicle model 530 is a model that calculates the driving wheel torque obtained by the operation of the accelerator pedal 22, the pseudo-clutch pedal 28, and the pseudo-shift lever 26 assuming that the electric vehicle 10 is equipped with the engine, the clutch, and the MT, and
a two-pedal mode[0058] …That is, in the EV mode, the operation of the pseudo-shift lever 26 and the operation of the pseudo-clutch pedal 28 are disabled in which the operation of the pseudo clutch pedal is not necessary[0044] The traveling mode of the electric vehicle 10 includes an MT mode and an EV mode. The mode selection switch 42 is configured to be able to arbitrarily select either the MT mode or the EV mode. Although details will be described later, in the MT mode, the electric motor 2 is controlled in the control mode for driving the electric vehicle 10 like the MT vehicle (first mode). In the EV mode, the electric motor 2 is controlled in the normal control mode for the common electric vehicle (second mode).;
the single or plurality of processors is configured to acquire ****, using a sensor that is equipped in the battery electric vehicle[0039-41] an accelerator position sensor 32… a brake position sensor 34… pseudo-shift lever 26 is provided with a shift position sensor 36… pseudo-clutch pedal 28 is provided with a clutch position sensor 38…;
and the single or plurality of processors is configured to switch the driving mode from the three-pedal mode to the two-pedal mode, when a mode switching condition is satisfied[0044] electric vehicle 10 is equipped with a mode selection switch 42. The mode selection switch 42 is a switch for selecting a traveling mode of the electric vehicle 10. The traveling mode of the electric vehicle 10 includes an MT mode and an EV mode, the mode switching condition including at least a condition **** during the three-pedal mode[0060] changeover switch 560 operates in accordance with the traveling mode selected by the mode selection switch 42. When the EV mode is selected by the mode selection switch 42, the changeover switch 560 connects to the motor torque command map 550 and outputs the motor torque Tev input from the motor torque command map 550 as a motor torque command value. When the MT mode is selected by the mode selection switch 42, the changeover switch 560 switches the connection destination to the required motor torque calculation unit 540.
ISAMI lacks distinctly disclosing the following underlined limitations:
… the single or plurality of processors is configured to acquire a physical fatigue degree of a driver of the battery electric vehicle
… the mode switching condition including at least a condition that the physical fatigue degree exceeds a threshold during the three-pedal mode
Regarding the limitation; “…a physical fatigue degree of a driver of the vehicle …actuate a massage apparatus when an actuation condition is satisfied, the massage apparatus being installed at a driver's seat of the vehicle, the actuation condition including at least a condition that the physical fatigue degree exceeds a first threshold”, ONUMA (US-20170028163-A1) discloses in a similar invention field of endeavor, a consideration for [0054] Further, there may be a structure in which the state (the heartbeat fluctuations) of the driver who is in the midst of driving are sensed by a state detecting device (not illustrated) such as an in-vehicle camera (not illustrated) or a sensor or the like that senses biomedical signals (the respiratory rate or the heartbeat rate or the like) of the driver, and, as shown in FIG. 6, when it is detected that the driver is in a tense state (the heartbeat fluctuations are larger than in the region that is the relaxed state), the massaging operation is started automatically, rather than by the driver operating the operation portion… an awakening effect can be imparted to the driver who is tending toward falling asleep (a light sleep of an extent of being overcome by drowsiness), by using the airbags 30
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include a physical fatigue degree of a driver of the vehicle and further to actuate a massage apparatus when an actuation condition is satisfied, the massage apparatus being installed at a driver's seat of the vehicle, the actuation condition including at least a condition that the physical fatigue degree exceeds a first threshold with a reasonable expectation for success, as taught by ONUMA, for the benefit of providing a system capable of monitoring driver/operator so as to determine alertness/awake state of the driver/operator and further configuring systems to have the relevant data (e.g. fatigue levels) to ensure safe driving conditions are maintained [0057]of effectively prevented from falling asleep at the wheel, and a suitable driving region (a relaxed state) can be maintained for the driver.
Regarding the limitation; “…that the physical fatigue degree exceeds a threshold”, NAKAGOSHI (US-20090048737-A1) discloses in a similar invention field of endeavor, a consideration for [0087-88] Next, concrete construction and operation of the awake state estimation device in accordance with the embodiment will be described. FIG. 8 is a block diagram showing a general construction of an awake state estimation device 10 in accordance with the embodiment. The awake state estimation device 10 includes a steering angle detection portion 101, a vehicle speed detection portion 102, a traveling path detection portion 103, a turn-signal detection portion 104, an ignition signal detection portion 105, a driver indication portion 106, an awake state estimation portion 107, a storage portion 108, and a warning portion 109… [0016] … and may estimate that the driver is in the non-awake state if the standard deviation value is greater than or equal to the threshold value.
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include a condition that the physical fatigue degree exceeds a threshold with a reasonable expectation for success, as taught by NAKAGOSHI, for the benefit of providing a system capable of monitoring driver/operator so as to determine alertness/awake state of the driver/operator and further configuring systems have the relevant data (e.g. vehicle speed) to ensure safe driving conditions are maintained.
14. ISAMI (US-20220041067-A1) discloses The vehicle control system according to claim 13, wherein the mode switching condition further includes a condition that the driver permits the switching from the three-pedal mode to the two-pedal mode[0044, 0054, 0058] The mode selection switch 42 is connected to the controller 50 by the in-vehicle network from the three-pedal mode to the two-pedal mode.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over ISAMI (US-20220041067-A1) and ONUMA (US-20170028163-A1) and NAKAGOSHI (US-20090048737-A1), as applied to claim 13 above and further in view of SEKINE (US-20220063677-A1).
15. ISAMI (US-20220041067-A1) discloses The vehicle control system according to claim 13, wherein: the sensor includes a clutch position sensor configured to detect the operation of the pseudo clutch pedal[0042] The pseudo-clutch pedal 28 is provided with a clutch position sensor 38 for detecting depression amount Pc [%] which is an operation amount of the pseudo-clutch pedal 28. The clutch position sensor 38 is connected to the controller 50 by the in-vehicle network;
and ****,
**** operation of the pseudo clutch pedal[0039-41] an accelerator position sensor 32… a brake position sensor 34… pseudo-shift lever 26
****.
ISAMI lacks distinctly disclosing the following underlined limitations:
… single or plurality of processors is configured to acquire the physical fatigue degree,
… based on at least one of the number of times of the operation of the pseudo clutch pedal in a certain time and an operation time of the pseudo clutch pedal in the certain time
Regarding the limitation; “…acquire the physical fatigue degree”, ONUMA (US-20170028163-A1) discloses in a similar invention field of endeavor, a consideration for [0054] Further, there may be a structure in which the state (the heartbeat fluctuations) of the driver who is in the midst of driving are sensed by a state detecting device (not illustrated) such as an in-vehicle camera (not illustrated) or a sensor or the like that senses biomedical signals (the respiratory rate or the heartbeat rate or the like) of the driver, and, as shown in FIG. 6, when it is detected that the driver is in a tense state (the heartbeat fluctuations are larger than in the region that is the relaxed state), the massaging operation is started automatically, rather than by the driver operating the operation portion… an awakening effect can be imparted to the driver who is tending toward falling asleep (a light sleep of an extent of being overcome by drowsiness), by using the airbags 30
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include acquire the physical fatigue degree with a reasonable expectation for success, as taught by ONUMA, for the benefit of providing a system capable of monitoring driver/operator so as to determine alertness/awake state of the driver/operator and further configuring systems have the relevant data (e.g. fatigue level) to ensure safe driving conditions are maintained [0057]of effectively prevented from falling asleep at the wheel, and a suitable driving region (a relaxed state) can be maintained for the driver.
Regarding the limitation; “…based on at least one of … an operation time of the … pedal in the certain time”, SEKINE (US-20220063677-A1) discloses in a similar invention field of endeavor, a consideration for [claim.1-2] A travel controller comprising a processor configured to: perform driving control of a vehicle at an autonomous driving level that is a first autonomous driving level in which a driver of the vehicle is not obligated to watch or a second autonomous driving level in which the driver is obligated to watch;… determine an attention level of the driver, based on an output of a sensor provided for the vehicle, the attention level being a level of attention to driving; and modify the predetermined period so as to be shorter when the determined attention level is high than when the determined attention level is low… wherein the processor determines the attention level higher when an output of the sensor is detected than when the output is not detected, the output indicating that the driver is in contact with a steering wheel or a pedal longer than a contact-time threshold, the steering wheel or the pedal being operated by the driver to drive the vehicle.
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of ISAMI to include at least one of an operation time of the pedal in the certain time with a reasonable expectation for success, as taught by SEKINE, for the benefit of providing a system capable of monitoring driver/operator so as to determine alertness/awake state of the driver/operator and further configuring systems to have the relevant data (e.g. user input/operation) to ensure safe driving conditions are maintained.
Conclusion
It should be noted that there exists prior art which is pertinent to significant though unclaimed features of the defined invention or directed to the state of art. The following is a brief description of relevant prior art cited but not applied:
Takahashi (US-9090256-B2) discloses in a similar invention, a consideration for a hybrid vehicle 100 according to the embodiment includes the engine 1, the clutch 2, a manual transmission 3, the motor 4, and an ECU 30. Further, the vehicle control device 1-1 according to the embodiment includes the engine 1, the motor 4, the clutch 2, and the ECU 30.
NISHIMINE (US-20220041062-A1) discloses in a similar invention, a consideration for [0039] The electric vehicle 10 includes an accelerator pedal 22 for inputting an acceleration request and a brake pedal 24 for inputting a braking request as an operation request input devices for inputting an operation requests to the electric vehicle 10 by the driver. The accelerator pedal 22 is provided with an accelerator position sensor 32 for detecting an accelerator opening degree Pap [%] which is an operation amount of the accelerator pedal 22. The brake pedal 24 is provided with a brake position sensor 34 for detecting a brake depression amount which is an operation amount of the brake pedal 24. The accelerator position sensor 32 and the brake position sensor 34 are connected to the controller 50 by the in-vehicle network.
[0040] The electric vehicle 10 further includes a pseudo-shift lever (pseudo-shifter) 26 and a pseudo-clutch pedal 28 as operation input devices. A shift lever (shifter) and a clutch pedal are devices that operate a manual transmission (MT), but, of course, the electric vehicle 10 is not equipped with the MT. The pseudo-shift lever 26 and the pseudo-clutch pedal 28 are dummies that differ from the original shift lever or clutch pedal.
See PTO-892: Notice of references cited.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JOHN MOSCOLA whose telephone number is (571)272-6944. The examiner can normally be reached M-F 7:30-5:30.
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, Abby Flynn can be reached on (571) 272-9855. 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.
/M.J.M./Examiner, Art Unit 3663
/ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663