DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This action is a non-final rejection
Claims 1-20 are pending
Claims 1-20 are rejected under 35 USC § 112
Claims 1-20 are rejected under 35 USC § 101
Claims 1-20 are rejected under 35 USC § 103
Priority
Acknowledgement is made of Applicant’s claim for a foreign priority date of 12-8-2023
Claim Objections
Claim 8 is objected to because of the following informalities: claim 8 recites that it depends on claim 8. The Examiner corrected claim 8 to depend on claim 1 in this current office action. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: claim 9, 6th limitation recites: “presenting, via a display operably connected to said processor, said health management directive within a plurality of display windows of a display user interface, wherein said display is within located within a passenger area of a vehicle” which is not entirely grammatically correct. The word “within” should be cancelled. Appropriate correction is required.
Claim Rejections -Double Patenting
Instant US Application 18974768
US Publication US 20250191763 A1
(US Application 18974754)
1. A system for managing health in an automobile, comprising: a control board configured to manipulate a plurality of display windows of a display user interface; a computing device having a user interface and operably connected to said control board, wherein said computing device assists said control board; a display operably connected to said computing device and said control board, wherein said display is secured within a passenger area of a vehicle, wherein said display is configured to present said display user interface having said plurality of display windows, wherein said control board manipulates said plurality of display windows of said display user interface presented on said display; a medical device operably connected to at least one of said computing device or said control board, wherein said medical device is configured to measure medical data of a user within said vehicle; wherein said medical device transmits said medical data to said control board, a processor operably connected to said control board, computing device, and medical device; and a non-transitory computer-readable medium coupled to said processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising: determining an identity of said user associated with said medical device within said vehicle, retrieving a user profile having user data that pertains to said identity, receiving said medical data from said medical device; determining, via a machine learning technique, a health management directive based on said medical data and said user data; adjusting, via said machine learning technique, said health management directive based on said medical data; presenting, via said display, said health management directive within said plurality of display windows; presenting, via said display, said medical data within said plurality of display windows; organizing, via said control board, said plurality of display windows based on adjustments to said health management directive.
1. A system for managing health in a homeplace, comprising: a control board configured to manipulate a plurality of display windows of a display user interface; a computing device having a user interface and operably connected to said control board, wherein said computing device assists said control board; a display operably connected to said computing device and said control board, wherein said display is configured to present said display user interface having said plurality of display windows, wherein said control board manipulates said plurality of display windows of said display user interface presented on said display; a medical device operably connected to at least one of said computing device or said control board, wherein said medical device is configured to measure medical data of a user, wherein said medical device transmits said medical data to said control board; a processor operably connected to said control board, computing device, and medical device; and a non-transitory computer-readable medium coupled to said processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising: determining an identity of said user associated with said medical device, retrieving a user profile having user data that pertains to said identity, receiving said medical data from said medical device; determining, via a machine learning technique, a health management directive based on said medical data and said user data; adjusting, via said machine learning technique, said health management directive based on said medical data; presenting, via said display, said health management directive within said plurality of display windows; presenting, via said display, said medical data within said plurality of display windows; organizing, via said control board, said plurality of display windows based on adjustments to said health management directive.
2. The system of claim 1, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: determining a medical emergency based on said medical data; and alerting emergency services of said medical emergency; providing said emergency services with said vehicle's geolocation; and providing said emergency services with said medical data and said user data relevant to said medical emergency.
2. The system of claim 1, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: determining a medical emergency based on said medical data; and alerting emergency services of said medical emergency; providing said emergency services with said user's geolocation; and providing said emergency services with said medical data and said user data relevant to said medical emergency.
3. The system of claim 2, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: notifying emergency contacts of said medical emergency, wherein said emergency contacts are stored in said user profile of said user, notifying said emergency contacts of an identity of said emergency services notified about said medical emergency.
3. The system of claim 2, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: notifying emergency contacts of said medical emergency, wherein said emergency contacts are stored in said user profile of said user, notifying said emergency contacts of an identity of said emergency services notified about said medical emergency.
4. The system of claim 2, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: providing, via said display, instructions to said user or other vehicle occupants on immediate steps to take to address said medical emergency.
4. The system of claim 2, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: providing, via said display, instructions to said user or other users within a threshold distance of the user’s geolocation on immediate steps to take to address said medical emergency.
5. The system of claim 2, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: activating vehicle safety features when said medical emergency is determined (like hazard lights or pulling over to a safe location if the vehicle has autonomous capabilities).
5. The system of claim 2, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: activating home safety features when said medical emergency is determined.
6. The system of claim 1, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: monitoring said user's alertness based on said medical data; and generating a driving recommendation when said user's alertness falls below a predetermined threshold.
6. The system of claim 1, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: monitoring said user's alertness based on said medical data; and generating a driving recommendation when said user's alertness falls below a predetermined threshold.
7. The system of claim 1, further comprising a camera operably connected to at least one of said computing device or said control board, wherein said camera collects image data used to determine an identity of said user.
7. The system of claim 1, further comprising a camera operably connected to at least one of said computing device or said control board, wherein said camera collects image data used to determine an identity of said user.
8. The system of claim 8, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: receiving image data of said user from said camera; and analyzing, via said machine learning technique, said image data to confirm said identity of said user.
8. The system of claim 8, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: receiving image data of said user from said camera; and analyzing, via said machine learning technique, said image data to confirm said identity of said user.
9. A method for managing health in an automobile, comprising steps of: determining, by a processor, an identity of a user associated with a medical device within a vehicle; retrieving, by said processor, a user profile having user data that pertains to said identity; receiving, by said processor, medical data from said medical device; determining, via a machine learning technique, a health management directive based on said medical data and said user data; adjusting, via said machine learning technique, said health management directive based on said medical data; presenting, via a display operably connected to said processor, said health management directive within a plurality of display windows of a display user interface, wherein said display is within located within a passenger area of a vehicle; presenting, via said display, said medical data within said plurality of display windows; and organizing, via a control board operably connected to said processor, said plurality of display windows based on adjustments to said health management directive.
9. A method for managing health in a homeplace, comprising steps of: determining, by a processor, an identity of a user associated with a medical device; retrieving, by said processor, a user profile having user data that pertains to said identity; receiving, by said processor, medical data from said medical device; determining, via a machine learning technique, a health management directive based on said medical data and said user data; adjusting, via said machine learning technique, said health management directive based on said medical data; presenting, via a display operably connected to said processor, said health management directive within a plurality of display windows of a display user interface; presenting, via said display, said medical data within said plurality of display windows; and organizing, via a control board operably connected to said processor, said plurality of display windows based on adjustments to said health management directive
10. The method of claim 9, further comprising: determining, by the processor, a medical emergency based on said medical data; alerting, by the processor, emergency services of said medical emergency; providing, by the processor, said emergency services with said vehicle's geolocation; and providing, by the processor, said emergency services with said medical data and said user data relevant to said medical emergency.
10. The method of claim 9, further comprising: determining, by the processor, a medical emergency based on said medical data; alerting, by the processor, emergency services of said medical emergency; providing, by the processor, said emergency services with said user’s geolocation; and providing, by the processor, said emergency services with said medical data and said user data relevant to said medical emergency.
11. The method of claim 10, further comprising: notifying, by the processor, emergency contacts of said medical emergency, wherein said emergency contacts are stored in said user profile of said user; and notifying, by the processor, said emergency contacts of an identity of said emergency services notified about said medical emergency.
11. The method of claim 10, further comprising: notifying, by the processor, emergency contacts of said medical emergency, wherein said emergency contacts are stored in said user profile of said user; and notifying, by the processor, said emergency contacts of an identity of said emergency services notified about said medical emergency.
12. The method of claim 10, further comprising: providing, via said display, instructions to said user or other vehicle occupants on immediate steps to take to address said medical emergency.
12. The method of claim 10, further comprising: providing, via said display, instructions to said user or other users within a threshold distance of the user’s geolocation on immediate steps to take to address said medical emergency.
13. The method of claim 10, further comprising: activating, by the processor, vehicle safety features when said medical emergency is determined.
13. The method of claim 10, further comprising: activating, by the processor, home safety features when said medical emergency is determined.
14. The method of claim 9, further comprising: monitoring, by the processor, said user's alertness based on said medical data; and generating, by the processor, a driving recommendation when said user's alertness falls below a predetermined threshold.
14. The method of claim 9, further comprising: monitoring, by the processor, said user's alertness based on said medical data; and generating, by the processor, a driving recommendation when said user's alertness falls below a predetermined threshold.
15. The method of claim 9, further comprising: receiving, by the processor, image data of said user from a camera operably connected to said processor; and analyzing, via said machine learning technique, said image data to confirm said identity of said user.
15. The method of claim 9, further comprising: receiving, by the processor, image data of said user from a camera operably connected to said processor; and analyzing, via said machine learning technique, said image data to confirm said identity of said user.
16. A non-transitory computer readable medium containing instructions configured to manage health in an automobile, comprising: a non-transitory computer-readable medium coupled to a processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising: determining an identity of said user associated with a medical device within a vehicle; retrieving a user profile having user data that pertains to said identity; receiving medical data from said medical device; determining, via a machine learning technique, a health management directive based on said medical data and said user data; adjusting, via said machine learning technique, said health management directive based on said medical data; presenting, via a display located within a passenger are of said vehicle, said health management directive within said plurality of display windows; presenting, via said display, said medical data within said plurality of display windows; and organizing, via a control board operably connected to said display and said processor, said plurality of display windows based on adjustments to said health management directive, monitoring an alertness of said user based on said medical data; and generating a driving recommendation when said alertness of said user falls below a predetermined threshold.
16. A non-transitory computer readable medium containing instructions configured to manage health in a homeplace, comprising: a non-transitory computer-readable medium coupled to a processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising: determining an identity of said user associated with a medical device; retrieving a user profile having user data that pertains to said identity; receiving medical data from said medical device; determining, via a machine learning technique, a health management directive based on said medical data and said user data; adjusting, via said machine learning technique, said health management directive based on said medical data; presenting, via a display, said health management directive within said plurality of display windows; presenting, via said display, said medical data within said plurality of display windows; and organizing, via a control board operably connected to said display and said processor, said plurality of display windows based on adjustments to said health management directive, monitoring an alertness of said user based on said medical data; and generating a driving recommendation when said alertness of said user falls below a predetermined threshold.
17. The non-transitory computer-readable of claim 16, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: determining a medical emergency based on said medical data; alerting emergency services of said medical emergency; providing said emergency services with said vehicle's geolocation; and providing said emergency services with said medical data and said user data relevant to said medical emergency.
17. The non-transitory computer-readable of claim 16, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: determining a medical emergency based on said medical data; alerting emergency services of said medical emergency; providing said emergency services with said user’s geolocation; and providing said emergency services with said medical data and said user data relevant to said medical emergency.
18. The non-transitory computer-readable of claim 17, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: notifying emergency contacts of said medical emergency, wherein said emergency contacts are stored in said user profile of said user, notifying said emergency contacts of an identity of said emergency services notified about said medical emergency.
18. The non-transitory computer-readable of claim 17, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: notifying emergency contacts of said medical emergency, wherein said emergency contacts are stored in said user profile of said user, notifying said emergency contacts of an identity of said emergency services notified about said medical emergency.
19. The non-transitory computer-readable of claim 17, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: activating vehicle safety features when said medical emergency is determined (like hazard lights or pulling over to a safe location if the vehicle has autonomous capabilities).
19. The non-transitory computer-readable of claim 17, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: activating home safety features when said medical emergency is determined
20. The non-transitory computer-readable of claim 16, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: receiving image data of said user from a camera operably connected to said processor; and analyzing, via said machine learning technique, said image data to confirm said identity of said user.
20. The non-transitory computer-readable of claim 16, further comprising additional instructions, which, when executed by said processor, cause said processor to perform additional operations comprising: receiving image data of said user from a camera operably connected to said processor; and analyzing, via said machine learning technique, said image data to confirm said identity of said user.
Claims 1-20 of this application are patentably indistinct from claims 1-20 of U.S. Application No. 18974754. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee 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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) 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 www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 9 and 16 of the instant application are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 1, 9 and 16 of copending U.S. Application No. 18974754 to Hanson et. al. in view of paragraph [0027, 0028] of Bastide et. al. (US 20220176978 A1). This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to have modified “managing health in an automobile”; and “display is secured within a passenger area of a vehicle” recited in claims 1, 9 and 16 of Hanson to include paragraphs [0027, 0028] of Bastide, that recites providing medical care of a driver of a vehicle through the use of electronic displays within the vehicle, in order to provide medical care to a driver of a vehicle in case of a medical event with the help of medical advice provided by electronic displays located within the vehicle..
Dependent claims 2-8, 10-15 and 17-20 of the instant application are also provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claims 2-8, 10-15 and 17-20 of copending U.S. Application No. 18974754 to Hanson et. al. in view of Bastide et. al
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 6, 10, 14 and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 2, 10, 17 recite the limitation “said vehicle's geolocation” in the third limitation of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claims 6, 14 recite the limitation “said user's alertness” in the first and second limitations of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 101
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.
Claims 1-20 are not patent eligible because the claimed invention is directed to an abstract idea without significantly more.
Analysis
First, claims are directed to one or more of the following statutory categories: a system, a method, and a non-transitory computer readable medium. Regarding claims 1-20 the claims recite an abstract idea of “managing health in an automobile”.
Independent Claims 1, 9 and 16 are rejected under 35 U.S.C 101 based on the following analysis.
-Step 1 (Does the claim fall within a statutory category? YES): claims 1, 9 and 16 recite a system, a method, and a non-transitory computer readable medium of “managing health in an automobile”.
-Step 2A Prong One (Does the claim fall within at least one of the groupings of abstract ideas?: YES): The claimed invention:
determining, .., an identity of a user;
retrieving, .., a user profile having user data that pertains to said identity;
receiving, .., medical data ..;
determining, .., a health management directive based on said medical data and said user data;
adjusting, .., said health management directive based on said medical data;
presenting, .., said health management directive;
presenting, .., said medical data; and
organizing, .. based on adjustments to said health management directive;
monitoring an alertness of said user based on said medical data;
generating a driving recommendation when said alertness of said user falls below a predetermined threshold.
belonging to the grouping of mental processes under concepts performed in the human mind (including an observation, evaluation, judgement, opinion) as it recites “managing health in an automobile”. Alternatively, the selected abstract idea belongs to the grouping of certain methods of organizing human activity under managing personal behavior or relationships or interactions between people as it recites “managing health in an automobile”. (refer to MPP 2106.04(a)(2)). Accordingly this claim recites an abstract idea.
-Step 2A Prong Two (Are there additional elements in the claim that imposes a meaningful limit on the abstract idea? NO). Claims 1, 9 and 16 recite:
Claim 1
a control board configured to manipulate a plurality of display windows of a display user interface;
a computing device having a user interface and operably connected to said control board, wherein said computing device assists said control board;
a display operably connected to said computing device and said control board, wherein said display is secured within a passenger area of a vehicle, wherein said display is configured to present said display user interface having said plurality of display windows, wherein said control board manipulates said plurality of display windows of said display user interface presented on said display;
a medical device operably connected to at least one of said computing device or said control board, wherein said medical device is configured to measure medical data of a user within said vehicle;
wherein said medical device transmits said medical data to said control board, a processor operably connected to said control board, computing device, and medical device; and
a non-transitory computer-readable medium coupled to said processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising
medical device within said vehicle;
machine learning technique;
Claim 9
a processor;
a medical device within a vehicle;
machine learning technique;
a display operably connected to said processor;
a plurality of display windows;
a display user interface;
wherein said display is within located within a passenger area of a vehicle
a control board operably connected to said processor
Claim 16
A non-transitory computer readable medium containing instructions configured to manage health in an automobile;
a non-transitory computer-readable medium coupled to a processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations;
medical device;
machine learning technique;
display;
plurality of display windows;
control board operably connected to said display and said processor.
Amounting to mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. (refer to MPEP 2106.05(f)). Accordingly, these additional elements, when considered separately and as an ordered combination do not integrate the judicial exception/abstract idea into a “practical application” of the judicial exception because they do not impose any meaningful limit on practicing the judicial exception.
-Step 2B (Does the additional elements of the claim provide an inventive concept?: NO. As discussed previously with respect to Step 2A Prong Two, claims 1, 9 and 16 recite:
Claim 1
a control board configured to manipulate a plurality of display windows of a display user interface;
a computing device having a user interface and operably connected to said control board, wherein said computing device assists said control board;
a display operably connected to said computing device and said control board, wherein said display is secured within a passenger area of a vehicle, wherein said display is configured to present said display user interface having said plurality of display windows, wherein said control board manipulates said plurality of display windows of said display user interface presented on said display;
a medical device operably connected to at least one of said computing device or said control board, wherein said medical device is configured to measure medical data of a user within said vehicle;
wherein said medical device transmits said medical data to said control board, a processor operably connected to said control board, computing device, and medical device; and
a non-transitory computer-readable medium coupled to said processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising
medical device within said vehicle;
machine learning technique;
Claim 9
a processor;
a medical device within a vehicle;
machine learning technique;
a display operably connected to said processor;
a plurality of display windows;
a display user interface;
wherein said display is within located within a passenger area of a vehicle
a control board operably connected to said processor
Claim 16
A non-transitory computer readable medium containing instructions configured to manage health in an automobile;
a non-transitory computer-readable medium coupled to a processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations;
medical device;
machine learning technique;
display;
plurality of display windows;
control board operably connected to said display and said processor;
Amounting to mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. (refer to MPEP 2106.05(f)) Accordingly, even when viewed as a whole the claim does not provide an inventive concept (significantly more than the abstract idea) and hence the claim is ineligible.
Dependent Claims:
Step 2A Prong One: The following dependent claims recites additional limitations that further define the abstract idea of “managing health in an automobile”. The claim limitations include:
Claims 2, 10, 17:
determining, .., a medical emergency based on said medical data;
alerting, .., emergency services of said medical emergency;
providing, .., said emergency services ..; and
providing, .., said emergency services with said medical data and said user data relevant to said medical emergency.
Claims 3, 11, 18:
notifying, .., emergency contacts of said medical emergency, wherein said emergency contacts are stored in said user profile of said user; and
notifying, .., said emergency contacts of an identity of said emergency services notified about said medical emergency;
Claims 4, 12:
providing, .., instructions to said user or other vehicle occupants on immediate steps to take to address said medical emergency;
Claims 5, 13, 19: activating, .., vehicle safety features when said medical emergency is determined;
Claims 6, 14:
monitoring, .., said user's alertness based on said medical data; and
generating, .., a driving recommendation when said user's alertness falls below a predetermined threshold:
Claims 8, 15, 20:
receiving, .., image data of said user ..; and
analyzing, .., said image data to confirm said identity of said user.
Step 2A Prong Two (Are there additional elements in the claim that imposes a meaningful limit on the abstract idea? NO). The following dependent claims recite mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. (refer to MPEP 2106.05(f)). Accordingly, the claims as a whole do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. The claims include:
Claims 2, 10, 17:
processor;
vehicle's geolocation;
Claims 3, 11, 18: Processor;
Claims 4, 12: display;
Claims 5, 13, 19: processor;
Claims 6, 14: processor;
Claim 7: a camera operably connected to at least one of said computing device or said control board, wherein said camera collects image data used to determine an identity of said user;
Claims 8, 15, 20:
processor;
a camera operably connected to said processor;
machine learning technique.
Step 2B (Does the additional elements of the claim provide an inventive concept?: NO). As discussed previously with respect to Step 2A Prong Two, the following dependent claims recite mere instructions to implement an abstract idea on a computer, or merely use a computer as a tool to implement the abstract idea. (refer to MPEP 2106.05(f)). Accordingly, the claim does not provide an inventive concept (significantly more than the abstract idea) and hence the claim is ineligible. The claims include:
Claims 2, 10, 17:
processor;
vehicle's geolocation;
Claims 3, 11, 18: Processor;
Claims 4, 12: display;
Claims 5, 13, 19: processor;
Claims 6, 14: processor;
Claim 7: a camera operably connected to at least one of said computing device or said control board, wherein said camera collects image data used to determine an identity of said user;
Claims 8, 15, 20:
processor;
a camera operably connected to said processor;
machine learning technique
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or
non-obviousness.
Claims 1, 6-9, 14-16, 20 are rejected under 35 U.S.C. 103 as being un-patentable by Sadler et.al (US 20030204290 A1) hereinafter “Sadler” in view of Bastide et.al (US 20220176978 A1) hereinafter “Bastide”
Regarding claims 1, 9, 16 Sadler teaches:
a medical device operably connected to at least one of said computing device or said control board, wherein said medical device is configured to measure medical data of a user within said vehicle; (See at least [0019] via: “...With reference to FIG. 1, a biometric identification system (BIS) 10 for use in an automobile 12 (shown only as a partial interior view) is illustrated. BIS 10 includes a biometric sensor 14 mountable in a sensor module 16. Biometric sensor 14 may be any sensor that is capable of detecting the properties and characteristics of an occupant's skin...”)
wherein said medical device transmits said medical data to said control board, a processor operably connected to said control board, computing device, and medical device; (See at least [0020] via: “...Sensor module 16 may be mounted in various locations within a passenger compartment of automobile 12. For example, sensor module 16 may be mounted to a steering wheel 18 or to a center console 20 of a vehicle instrument panel 22. BIS 10 further includes and electronic control module 24, in communication with biometric sensor 10. Control Module 24 contains the necessary electronics to process identification data received from biometric sensor 10.and
a non-transitory computer-readable medium coupled to said processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising: (See at least [0020] via: “...electronic control module 24 may have control and processing circuitry, including microprocessors and electronic memory chips such as EEPROM or the like, for storing and executing program code capable of carrying-out biometric identification...”)
A non-transitory computer readable medium containing instructions configured to manage health in an automobile, comprising: (See at least [0020] via: “...electronic control module 24 may have control and processing circuitry, including microprocessors and electronic memory chips such as EEPROM or the like, for storing and executing program code capable of carrying-out biometric identification...”; in addition see at least [0080] via: “...Noninvasive measurement capability has numerous applications in an automobile, for instance securing information node, Ok-to-drive monitor, keyless entry, keyless start, driver health assessment, powertrain fluids assessment, and engine performance...”)
a non-transitory computer-readable medium coupled to a processor, wherein said non-transitory computer-readable medium contains instructions stored thereon, which, when executed by said processor, cause said processor to perform operations comprising: (See at least [0020] via: “...electronic control module 24 may have control and processing circuitry, including microprocessors and electronic memory chips such as EEPROM or the like, for storing and executing program code capable of carrying-out biometric identification...”)
determining, by a processor, an identity of a user associated with a medical device within a vehicle; (See at least [0005] via: “...a biometric identification system for detecting the identity of a vehicle occupant is provided...”; in addition see at least [0007] via: “...The system includes a module and a processor in communication with the module. The module is mounted in the vehicle. The module includes a biometric sensor..”)
retrieving, by said processor, a user profile having user data that pertains to said identity; (See at least [0005] via: “...The system positively identifies an occupant and associates a customized user profile with the occupant...”; in addition see at least [0007] via: “...The system includes a module and a processor in communication with the module. The module is mounted in the vehicle. The module includes a biometric sensor..”)
receiving, by said processor, medical data from said medical device; (See at least [0063] via: “... First aid telemetry link provides medical data to remote physician/assistant surgeon...”; in addition see at least [0007] via: “...The system includes a module and a processor in communication with the module. The module is mounted in the vehicle. The module includes a biometric sensor..”)
determining, [via a machine learning technique], a health management directive based on said medical data and said user data; (See at least [0063] via: “...Medication reminder prompts driver to take heart or asthma drugs. Glucose OK-to-drive check checks at start and during journey. Alcohol OK-to-drive check checks before setting off on journey. Drugs OK-to-drive check, checks before setting off on journey. Tie to "med alert" rescue feature...”)
adjusting, [via said machine learning technique], said health management directive based on said medical data; (See at least [0085] via: “...Person position: helps with accident management--... Heart rate. Health monitoring of driver e.g. for safety and better medical care: pulse pressure, breath rate (H2) CO2), O2 saturation of blood, and body temperature. Remote medical advice: let driver get help from remote medical staff while still in the car e.g. at accident. "Doc in a box": self-contained smart health guidance for driver. Baby/child monitoring e.g. temperature, O2 : avoids injury due to being left in car, or un-noticed illness on long journey...”)
However, Sadler is silent the following limitations that are taught by Bastide:
a control board configured to manipulate a plurality of display windows of a display user interface; a computing device having a user interface and operably connected to said control board, wherein said computing device assists said control board; (See at least [0056] via: “...Referring to FIG. 1, an exemplary networked computer environment 100 is depicted, according to at least one embodiment. The networked computer environment 100 may include client computing device 102, sensors 118, and a server 112 interconnected via a communication network 114. According to at least one implementation, the networked computer environment 100 may include a plurality of client computing devices 102, sensors 118, and servers 112, of which only one of each is shown for illustrative brevity...”)
a display operably connected to said computing device and said control board, wherein said display is secured within a passenger area of a vehicle, wherein said display is configured to present said display user interface having said plurality of display windows, wherein said control board manipulates said plurality of display windows of said display user interface presented on said display; (See at least [0077] via: “...Each of the sets of internal components 302 a, b also includes device drivers 340 to interface to computer display monitor 344, keyboard 342, and computer mouse 334. The device drivers 340, RAY drive or interface 332, and network adapter or interface 336 comprise hardware and software (stored in storage device 330 and/or ROM 324)...”; in addition see at least [0027] via: “...in a vehicle without autopilot and where the secondary authority is a passenger, the system may direct, verbally and/or using displays within the vehicle, the secondary authority to take control of the vehicle from the impaired or incapacitated user. .. In some embodiments, such as where the system is equipped with electronic display devices, the system may display information including medical data or vehicle data that pertains to the medical event...”)
via a machine learning technique; (See at least [0022] via: “... the system may distinguish between medical events based on medical data, and medical events based on vehicle data, to determine whether the medical event was caused by the user's medical condition or by an external obstacle or vehicle. In some embodiments, the system may use machine learning models and training data from past medical events detected by the system, as well as feedback from users, passengers, et cetera, to train a mathematical machine learning model and improve medical event detection over time...”)
presenting, via a display operably connected to said processor, said health management directive within a plurality of display windows of a display user interface, wherein said display is within located within a passenger area of a vehicle; (See at least [0027] via: “...in a vehicle without autopilot and where the secondary authority is a passenger, the system may direct, verbally and/or using displays within the vehicle, the secondary authority to take control of the vehicle from the impaired or incapacitated user. The system may instruct the secondary authority to perform emergency care on the user, for instance administering chest compressions or medication, adjusting the user to a more comfortable position, checking vitals, et cetera. In some embodiments, such as where the system is equipped with electronic display devices, the system may display information including medical data or vehicle data that pertains to the medical event and may be helpful to the secondary authority and/or to first responders on the scene. The system may also use the displays to indicate tasks or give advice on responding to the medical event...”)
presenting, via said display, said medical data within said plurality of display windows; (See at least [0027] via: “...in a vehicle without autopilot and where the secondary authority is a passenger, the system may direct, verbally and/or using displays within the vehicle, the secondary authority to take control of the vehicle from the impaired or incapacitated user. The system may instruct the secondary authority to perform emergency care on the user, for instance administering chest compressions or medication, adjusting the user to a more comfortable position, checking vitals, et cetera. In some embodiments, such as where the system is equipped with electronic display devices, the system may display information including medical data or vehicle data that pertains to the medical event and may be helpful to the secondary authority and/or to first responders on the scene. The system may also use the displays to indicate tasks or give advice on responding to the medical event...”) and
organizing, via a control board operably connected to said processor, said plurality of display windows based on adjustments to said health management directive. (See at least [0028] via: “..where the system monitors occupancy and has detected passengers within the vehicle, the system may monitor medical data of the passengers. The system may detect whether the passengers are experiencing a medical event, and may alert the user to the presence of a dangerous physiological or mental condition among the passengers that might threaten the health of one or more passengers and/or may impair the user's ability to operate the vehicle. In some embodiments, where the system detects emotional conditions in the passenger or passengers such as stress, panic, fear, anger, et cetera, the system may take steps to calm the passengers, for instance by playing calming music, dimming the lights, providing calming assurances and notifications, et cetera. In some embodiments, for example where the medical event is a collision or impact with the vehicle that affects all occupants of the vehicle, the system may request or execute actions to adjust seats and the internal geography of the vehicle to facilitate easier exit of the vehicle, for instance by sliding seats backward to give an occupant more room to move, unlocking doors, automatically releasing seatbelts, et cetera...”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Sadler with Bastide. Sadler teaches a system and method for detecting an identity of an occupant of a vehicle is disclosed whereby the system includes a sensor module mounted in a vehicle that has an occupant sensor for acquiring an image of a member of the vehicle occupant to identify the vehicle occupant. The method includes activating a vehicle occupant identification system, acquiring an image of a member of the vehicle occupant, comparing the acquired image of the member with at least one stored image of a member, determining whether the acquired image of the member matches the at least one stored image, and assessing whether the vehicle occupant has been identified. However, Sadler fails to disclose managing medical events affecting a driver or passenger of a vehicle based on sensor data with the use of machine learning techniques, by providing medical care and advice to a driver of a vehicle through the use of electronic displays within the vehicle as taught by Bastide. Combining Sadler and Bastide is helpful in providing medical care to a driver of a vehicle in case of a medical event with the help of medical advice provided by electronic displays located within the vehicle.
Regarding claims 6 and 14 Sadler and Bastide teach the invention as claimed and detailed above with respect to claims 1 and 9 respectively. Sadler also teaches:
monitoring, by the processor, said user's alertness based on said medical data; (See at least [0082] via: “...A small biometric system developed for automotive customers has broad applicability ..”; in addition see at least [0088] via: “... Driver health: checks alertness, awareness etc. to ensure driver is well enough to drive safety-..”; in addition see at least [0063] via: “...First aid telemetry link provides medical data to remote physician/assistant surgeon..”; in addition see at least [0064] via: “...Driver attention checks how safely and effectively driver is performing.... Driver drowsiness monitors state of alertness and sets alarm to warn driver...”) and
Nevertheless Sadler is silent the following limitation that is taught by Bastide:
generating, by the processor, a driving recommendation when said user's alertness falls below a predetermined threshold. (See at least [0028] via: “... where the system detects emotional conditions in the passenger or passengers such as stress, panic, fear, anger, et cetera, the system may take steps to calm the passengers, for instance by playing calming music, dimming the lights, providing calming assurances and notifications, et cetera...”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Sadler with Bastide. Sadler teaches a system and method for detecting an identity of an occupant of a vehicle is disclosed whereby the system includes a sensor module mounted in a vehicle that has an occupant sensor for acquiring an image of a member of the vehicle occupant to identify the vehicle occupant. The method includes activating a vehicle occupant identification system, acquiring an image of a member of the vehicle occupant, comparing the acquired image of the member with at least one stored image of a member, determining whether the acquired image of the member matches the at least one stored image, and assessing whether the vehicle occupant has been identified. However, Sadler fails to disclose managing medical events affecting a driver or passenger of a vehicle based on sensor data with the use of machine learning techniques, by providing medical care and advice to a driver of a vehicle through the use of electronic displays within the vehicle as taught by Bastide. Combining Sadler and Bastide is helpful in providing medical care to a driver of a vehicle in case of a medical event with the help of medical advice provided by electronic displays located within the vehicle.
Regarding claim 7 Sadler and Bastide teach the invention as claimed and detailed above with respect to claim 1. Sadler also teaches:
further comprising a camera operably connected to at least one of said computing device or said control board, wherein said camera collects image data used to determine an identity of said user. (See at least [0006] via: “...detecting an identity of an occupant of a vehicle is provided. The method includes activating a vehicle occupant identification system, acquiring an image (or spectroscopic template) of a member of the vehicle occupant, comparing the acquired image of the member with at least one stored image of a member, determining whether the acquired image of the member matches the at least one stored image, and assessing whether the vehicle occupant has been identified...”)
Regarding claims 8, 15 and 20 Sadler and Bastide teach the invention as claimed and detailed above with respect to claims 1, 9 and 16 respectively. Sadler also teaches:
receiving, by the processor, image data of said user from a camera operably connected to said processor; (See at least [0006] via: “... detecting an identity of an occupant of a vehicle is provided. The method includes activating a vehicle occupant identification system, acquiring an image (or spectroscopic template) of a member of the vehicle occupant..”; in addition see at least [0007] via: “... The module includes a biometric sensor .... The biometric sensor is mounted in the module for acquiring an image of a member of the vehicle occupant...”; in addition see at least [0007] via: “...The system includes a module and a processor in communication with the module. The module is mounted in the vehicle. The module includes a biometric sensor..”) and
analyzing, via said machine learning technique, said image data to confirm said identity of said user. (See at least [0006] via: “...comparing the acquired image of the member with at least one stored image of a member, determining whether the acquired image of the member matches the at least one stored image, and assessing whether the vehicle occupant has been identified...”; in addition see at least [0026] via: “... The image is converted to a mathematical model, and the model is matched against stored user models (templates). Authorized users would store mathematical models of their lightprints in the memory of the BIS for future verification...”; ... in addition see at least [0052] via: “...Image processing and feature extraction matching is conducted, at block 412. A determination as to whether the user has been identified is made, at block 414..”)
Claims 2-5, 10-13, 17-19 are rejected under 35 U.S.C. 103 as being un-patentable by Sadler in view of Bastide in further view of Vasylyev et.al (US 20240412720 A1) hereinafter “Vasylyev”
Regarding claims 2, 10 and 17, Sadler and Bastide teach the invention as claimed and detailed above with respect to claims 1, 9 and 16 respectively. However, Sadler is silent the following limitations that are taught by Bastide:
determining, by the processor, a medical emergency based on said medical data; (See at least [0070] via: “...At 212, event management program 110A, 110B, responsive to detecting a medical event affecting a passenger based on the sensor data... The event management program 110A, 110B may monitor medical data of the passengers. The event management program 110A, 110B may detect whether one or more passengers are experiencing a medical event, and may alert the user to the presence of a dangerous physiological or mental condition among the passengers that might threaten the health of one or more passengers and/or may impair the user's ability to operate the vehicle..”)
alerting, by the processor, emergency services of said medical emergency; (See at least [0070] via: “...Based on the detected medical event, event management program 110A, 110B may further instruct the user or non-afflicted passengers to drive the afflicted passenger to a medical facility or to stop the vehicle and summon medical professionals and/or administer emergency care...”; in addition see at least [0026] via: “...The system may ... contact emergency services, for instance through a phone connected to the vehicle's systems via a wired connection or a wireless communications channel such as Bluetooth, and may request to communicate additional helpful information to first responders such as the identity of the user and/or secondary authority, what the medical event was and any useful or relevant medical and/or vehicle data...” )
providing, by the processor, said emergency services [with said vehicle's geolocation]; (See at least [0070] via: “...Based on the detected medical event, event management program 110A, 110B may further instruct the user or non-afflicted passengers to drive the afflicted passenger to a medical facility or to stop the vehicle and summon medical professionals and/or administer emergency care...”; in addition see at least [0027] via: “.... The system may instruct the secondary authority to perform emergency care on the user, for instance administering chest compressions or medication, adjusting the user to a more comfortable position, checking vitals, et cetera. In some embodiments, such as where the system is equipped with electronic display devices, the system may display information including medical data or vehicle data that pertains to the medical event and may be helpful to the secondary authority and/or to first responders on the scene. The system may also use the displays to indicate tasks or give advice on responding to the medical event...”) and
providing, by the processor, said emergency services with said medical data and said user data relevant to said medical emergency. (See at least [0070] via: “...Based on the detected medical event, event management program 110A, 110B may further instruct the user or non-afflicted passengers to drive the afflicted passenger to a medical facility or to stop the vehicle and summon medical professionals and/or administer emergency care...”; in addition see at least [0027] via: “.... The system may instruct the secondary authority to perform emergency care on the user, for instance administering chest compressions or medication, adjusting the user to a more comfortable position, checking vitals, et cetera. In some embodiments, such as where the system is equipped with electronic display devices, the system may display information including medical data or vehicle data that pertains to the medical event and may be helpful to the secondary authority and/or to first responders on the scene. The system may also use the displays to indicate tasks or give advice on responding to the medical event...”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Sadler with Bastide. Sadler teaches a system and method for detecting an identity of an occupant of a vehicle is disclosed whereby the system includes a sensor module mounted in a vehicle that has an occupant sensor for acquiring an image of a member of the vehicle occupant to identify the vehicle occupant. The method includes activating a vehicle occupant identification system, acquiring an image of a member of the vehicle occupant, comparing the acquired image of the member with at least one stored image of a member, determining whether the acquired image of the member matches the at least one stored image, and assessing whether the vehicle occupant has been identified. However, Sadler fails to disclose managing medical events affecting a driver or passenger of a vehicle based on sensor data with the use of machine learning techniques, by providing medical or emergency care and advice to a driver of a vehicle through the use of electronic displays within the vehicle as taught by Bastide. Combining Sadler and Bastide is helpful in providing medical care to a driver of a vehicle in case of a medical event with the help of medical advice provided by electronic displays located within the vehicle.
However Sadler and Bastide are silent the following limitation that is taught by Vasylyev:
emergency services with said vehicle's geolocation (See at least [0402] via: “...assistant system 2 can proactively communicate with emergency services, sharing the vehicle's precise location-using GPS coordinates with a margin of error of less than 5 meters—and potentially critical data such as incident details gleaned from the recorded conversation. ..”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Sadler and Bastide with Vasylyev. Sadler teaches a system and method for detecting an identity of an occupant of a vehicle is disclosed whereby the system includes a sensor module mounted in a vehicle that has an occupant sensor for acquiring an image of a member of the vehicle occupant to identify the vehicle occupant. The method includes activating a vehicle occupant identification system, acquiring an image of a member of the vehicle occupant, comparing the acquired image of the member with at least one stored image of a member, determining whether the acquired image of the member matches the at least one stored image, and assessing whether the vehicle occupant has been identified. Bastide teaches: managing medical events affecting a driver or passenger of a vehicle based on sensor data with the use of machine learning techniques, by providing medical care and advice to a driver of a vehicle through the use of electronic displays within the vehicle. However neither Sadler or Bastide teach communicating with emergency services through a GPS service as taught by Vasylyev. Combining Sadler,Bastide and Vasylyev is helpful in providing medical care to a driver of a vehicle in case of a medical event if there is a need to communicate with external emergency services.
Regarding claims 3, 11 and 18, Sadler and Bastide teach the invention as claimed and detailed above with respect to claims 1, 9 and 16 respectively and Sadler, Bastide and Vasylyev teach the invention as claimed and detailed above with respect to claims 2, 10 and 17 respectively. However, Sadler and Vasylyev are silent the following claims as taught by that are taught by Bastide:
notifying, by the processor, emergency contacts of said medical emergency, wherein said emergency contacts are stored in said user profile of said user; (See at least [0066] via: “... where the medical event has impaired or incapacitated the driver or is in immediate danger of doing so, and time is critical, the event management program 110A, 110B may attempt to communicate simultaneously with multiple designated individuals on the list of secondary authorities with the aim of securing communication from at least one of them. In some embodiments, for instance where there is no list of individuals designated as potential secondary authorities, or no individuals will respond, the event management program 110A, 110B may execute actions autonomously, and/or may contact emergency services such as 911 and/or route control to an authority such as a remote healthcare proxy who may be empowered to act as a secondary authority capable of making decisions for the user and/or remotely controlling the user's vehicle. Once the event management program 110A, 110B has made contact with a secondary authority, the event management program 110A, 110B may alert the secondary authority to the occurrence of a possible medical event, and confirm the presence and nature of the medical event with the secondary authority. and
notifying, by the processor, said emergency contacts of an identity of said emergency services notified about said medical emergency. (See at least [0070] via: “...Based on the detected medical event, event management program 110A, 110B may further instruct the user or non-afflicted passengers to drive the afflicted passenger to a medical facility or to stop the vehicle and summon medical professionals and/or administer emergency care...”; in addition see at least [0026] via: “...The system may ... contact emergency services, for instance through a phone connected to the vehicle's systems via a wired connection or a wireless communications channel such as Bluetooth, and may request to communicate additional helpful information to first responders such as the identity of the user and/or secondary authority, what the medical event was and any useful or relevant medical and/or vehicle data...” )
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Sadler with Bastide. Sadler teaches a system and method for detecting an identity of an occupant of a vehicle is disclosed whereby the system includes a sensor module mounted in a vehicle that has an occupant sensor for acquiring an image of a member of the vehicle occupant to identify the vehicle occupant. The method includes activating a vehicle occupant identification system, acquiring an image of a member of the vehicle occupant, comparing the acquired image of the member with at least one stored image of a member, determining whether the acquired image of the member matches the at least one stored image, and assessing whether the vehicle occupant has been identified. However, Sadler fails to disclose managing medical events affecting a driver or passenger of a vehicle based on sensor data with the use of machine learning techniques, by providing medical care and advice to a driver of a vehicle through the use of electronic displays within the vehicle as taught by Bastide. Combining Sadler and Bastide is helpful in providing medical care to a driver of a vehicle in case of a medical event with the help of medical advice provided by electronic displays located within the vehicle.
Regarding claims 4 and 12, Sadler and Bastide teach the invention as claimed and detailed above with respect to claims 1 and 9 respectively and Sadler, Bastide and Vasylyev teach the invention as claimed and detailed above with respect to claims 2 and 10 respectively. However, Sadler and Vasylyev are silent the following claims as taught by that are taught by Bastide:
providing, via said display, instructions to said user or other vehicle occupants on immediate steps to take to address said medical emergency. (See at least [0027] via: “...in a vehicle without autopilot and where the secondary authority is a passenger, the system may direct, verbally and/or using displays within the vehicle, the secondary authority to take control of the vehicle from the impaired or incapacitated user. The system may instruct the secondary authority to perform emergency care on the user, for instance administering chest compressions or medication, adjusting the user to a more comfortable position, checking vitals, et cetera. ... where the system is equipped with electronic display devices, the system may display information including medical data or vehicle data that pertains to the medical event and may be helpful to the secondary authority and/or to first responders on the scene. The system may also use the displays to indicate tasks or give advice on responding to the medical event...”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Sadler with Bastide. Sadler teaches a system and method for detecting an identity of an occupant of a vehicle is disclosed whereby the system includes a sensor module mounted in a vehicle that has an occupant sensor for acquiring an image of a member of the vehicle occupant to identify the vehicle occupant. The method includes activating a vehicle occupant identification system, acquiring an image of a member of the vehicle occupant, comparing the acquired image of the member with at least one stored image of a member, determining whether the acquired image of the member matches the at least one stored image, and assessing whether the vehicle occupant has been identified. However, Sadler fails to disclose managing medical events affecting a driver or passenger of a vehicle based on sensor data with the use of machine learning techniques, by providing medical care and advice to a driver of a vehicle through the use of electronic displays within the vehicle as taught by Bastide. Combining Sadler and Bastide is helpful in providing medical care to a driver of a vehicle in case of a medical event with the help of medical advice provided by electronic displays located within the vehicle
Regarding claims 5, 13 and 19, Sadler and Bastide teach the invention as claimed and detailed above with respect to claims 1, 9 and 16 respectively and Sadler, Bastide and Vasylyev teach the invention as claimed and detailed above with respect to claims 2, 10 and 17 respectively. However, Sadler and Vasylyev are silent the following claims as taught by that are taught by Bastide:
activating, by the processor, vehicle safety features when said medical emergency is determined. (See at least [0014] via: “... address medical emergencies while driving; medical conditions or events capable of impairing one's ability to drive to varying degrees may strike while one is operating a vehicle, such as an epileptic seizure, difficulty breathing, cardiac arrest, vertigo, a stroke, et cetera. The power and intelligence of the personal assistant may be employed to respond to the event and take steps to mitigate harm to the user and to others on the road. Some have attempted to address the issue by allowing the virtual assistant to drive the vehicle in the event of a medical emergency, or to otherwise take control;..”; in addition see at least [0025] via: “...where there is no list of individuals designated as potential secondary authorities, or no individuals will respond, the system may execute actions autonomously, and/or may contact emergency services such as 911 and/or route control to an authority such as a remote healthcare proxy who may be empowered to act as a secondary authority capable of making decisions for the user and/or remotely controlling the user's vehicle...”; in addition see at least [0026] via: “...the system may close open compartments, and turn and adjust the user's seat to place the user in an optimal rearward facing position to minimize injury. In some embodiments, such as where the vehicle is equipped with an autopilot, the system may request to autonomously control the vehicle to guide it to safety. The system may request confirmation to contact emergency services, for instance through a phone connected to the vehicle's systems via a wired connection or a wireless communications channel such as Bluetooth, and may request to communicate additional helpful information to first responders such as the identity of the user and/or secondary authority, what the medical event was and any useful or relevant medical and/or vehicle data...”)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Sadler with Bastide. Sadler teaches a system and method for detecting an identity of an occupant of a vehicle is disclosed whereby the system includes a sensor module mounted in a vehicle that has an occupant sensor for acquiring an image of a member of the vehicle occupant to identify the vehicle occupant. The method includes activating a vehicle occupant identification system, acquiring an image of a member of the vehicle occupant, comparing the acquired image of the member with at least one stored image of a member, determining whether the acquired image of the member matches the at least one stored image, and assessing whether the vehicle occupant has been identified. However, Sadler fails to disclose managing medical events affecting a driver or passenger of a vehicle based on sensor data with the use of machine learning techniques, by providing medical care and advice to a driver of a vehicle through the use of electronic displays within the vehicle as taught by Bastide. Combining Sadler and Bastide is helpful in providing medical care to a driver of a vehicle in case of a medical event with the help of medical advice provided by electronic displays located within the vehicle
Prior Art Made of Record
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure, and is listed in the attached form PTO-892 (Notice of References Cited). Unless expressly noted otherwise by the Examiner, all documents listed on form PTO-892 are cited in their entirety.
Cochran (US 20080147246 A1) - Design For A Kiosk For A Vehicle Screening System- teaches: A vehicle screening method and system. A vehicle occupant can be identified utilizing one or more biometric identifiers input by or obtained from the vehicle occupant via a biometric input device. A barcode can also be provided by the vehicle occupant from a scanned card or other structure upon which the barcode is maintained. Additionally, a unique identification number can be provided by the user in order to match the unique identification number against a database of identification numbers, thereby permitting the vehicle occupant to be remotely screened and verified for entry into a secure facility based on the biometric identifier(s), the barcode and the unique identification number.
NAKAMURA (US 20240025363 A1) - OCCUPANT-DEPENDENT SETTING SYSTEM FOR VEHICLE, AND VEHICLE – teaches: An occupant-dependent setting system for a vehicle includes a setting processor, a server apparatus, and first and second authentication processors. The server apparatus includes a server memory that holds personalized setting data regarding an occupant to be on board the vehicle. The first authentication processor authenticates multiple occupants on board the vehicle. The second authentication processor authenticates a combination of the occupants authenticated by the first authentication processor and the vehicle. The setting processor acquires the personalized setting data regarding the occupants authenticated by the second authentication processor, from the server memory of the server apparatus, and provide the vehicle with setting, in accordance with authentication results by the first and second authentication processors with respect to the occupants on board the vehicle
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PIERRE L MACCAGNO whose telephone number is (571)270-5408. The examiner can normally be reached M-F 8:00 to 5:00.
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, Mamon Obeid can be reached at (571)270-1813. 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.
/PIERRE L MACCAGNO/Examiner, Art Unit 3687
/MAMON OBEID/Supervisory Patent Examiner, Art Unit 3687