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 § 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 1 and 11 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the vehicles" in line 13 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the vehicles" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 4-6, 10-14, 17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gallagher et al. (Gallagher; US Pub No. 2019/0332902 A1).
As per claim 1, Gallagher discloses a vehicle system comprising:
one or more sensors configured to obtain at least one biometric information associated with an occupant of a vehicle (paragraph [0033]), wherein the one or more sensors are configured to be associated with a headliner positioned within the vehicle (paragraph [0032], line 5); and
a controller, communicatively coupled to the one or more sensors (paragraph [0036], lines 10-13), and :
receiving signals indicative of the obtained biometric information from the one or more sensors (paragraph [0036]), wherein the biometric information corresponds to at least one of a heart rate, a heart rate variability, a breath rate, a blood pressure, a temperature, a perspiration level, a brain activity, an eye tracking, and electro-dermal response (EDR) (paragraph [0033]; paragraph [0064], paragraph [0074]);
analyzing the obtained biometric information (paragraph [0036], lines 10-12);
determining, based on the analysis, a condition of the occupant (paragraph [0036], lines 10-12); and
modifying, based on the condition of the occupant, at least one feature amongst a plurality of features of the vehicles (paragraph [0038]).
As per claim 4, Gallagher discloses the vehicle system of claim 1, wherein the plurality of features of the vehicle corresponds to a plurality of functionalities associated with one or more systems of the vehicle, and wherein the one or more systems comprises at least one of: a visual system (paragraph [0041]), an audio system (paragraph [0042]), and a navigational position system (paragraph [0018], lines 9-12).
As per claim 5, Gallagher discloses the vehicle system of claim 1, wherein the plurality of features of the vehicle comprises a massage feature, a heating feature, a cooling feature, and an air conditioning feature corresponding to a heating, a ventilation, and air conditioning (HVAC) system deployed onboard the vehicle (paragraph [0062], lines 26-27).
As per claim 6, Gallagher discloses the vehicle system of claim 1, wherein the controller is further analyzing at least one of: a time of use (Fig. 3B, Temporal Analysis 333), a frequency of use (Fig. 3B, Frequency Analysis 332), manual adjustments (paragraph [0080]), and an efficacy of use associated with the plurality of features of the vehicle (paragraph [0080]).
As per claim 10, Gallagher discloses the vehicle system of claim 1, wherein the controller is:
receiving signals indicative of the heart rate variability, and the brain activity of the
occupant from the one or more sensors (paragraph [0033]);
analyzing the heart rate variability and the brain activity (paragraph [0033]); and
modifying, based on the analysis, one or more cabin components in the vehicle (paragraph [0036]).
As per claim 11, Gallagher discloses the vehicle system of claim 1, wherein the controller is further receiving the biometric information from a plurality of features of the vehicles associated with each of the one or more occupants (paragraphs [0046] & [0081]).
As per claim 12, Gallagher discloses the vehicle system of claim 1, wherein the controller is further analyzing the biometric information obtained from the occupant (paragraph [0037]) and detect a deviation from the biometric information to initiate an emergency action (paragraph [0038]).
As per claim 13, Gallagher discloses the vehicle system of claim 1, wherein the condition of the occupant comprises at least one of: a change in heart rate (paragraph [0056], line 24), an increase in perspiration level (paragraph [0033], line 14), a variation in breath rate (paragraph [0056], line 19), and an abnormal body temperature (paragraph [0081], line 8), and wherein the controller is modifying at least one of the plurality of vehicle features based on the detected condition of the occupant (paragraph [0038]).
As per claim 14, Gallagher discloses the vehicle system of claim 13, wherein the one or more sensors are further:
determining a physical presence or an absence of the occupant in the vehicle based on the condition (paragraph [0051], lines 28-30); and
activating the at least one feature in response to detecting the presence of the occupant; or
deactivating the at least one feature in response to detecting the absence of the
occupant (paragraph [0051], lines 30-38).
As per claim 17, Gallagher discloses the vehicle system of claim 1, wherein the controller is further determining an emotional state of the occupant based on the analyzed biometric information (paragraph [0003]), and modifying at least one feature of the plurality of features of the vehicle for the detected emotional state (paragraph [0042]).
As per claim 19, (see rejection of claim 1 above) a vehicle system comprising:
a controller communicatively coupled to one or more sensors associated with a vehicle, wherein the one or more sensors are configured to obtain biometric information of an occupant of the vehicle, wherein the controller is configured to:
receive signals indicative of the obtained biometric information from the one or more sensors, wherein the biometric information corresponds to at least one of a heart rate, a heart rate variability, a breath rate, a blood pressure, a temperature, a perspiration level, a brain activity, an eye tracking, and electro-dermal response (EDR),
analyze the obtained biometric information,
determine, based on the analysis, a condition of the occupant, and
modify, based on the condition of the occupant, at least one feature amongst a plurality of features of the vehicle.
As per claim 20, (see rejection of claim 1 above) a non-transitory, computer-readable storage medium comprising instructions that, when executed by a controller cause the controller to:
receive biometric information associated with an occupant of the vehicle from one or more sensors positioned within a headliner of the vehicle;
analyze the received biometric information, wherein the biometric information corresponds to at least one of a heart rate, a heart rate variability, a breath rate, a blood pressure, a temperature, a perspiration level, a brain activity, an eye tracking, and electro-dermal response
(EDR);
determine a condition of the occupant based on the analysis of the biometric information; and
modify at least one feature amongst the plurality of features of the vehicle based on the determined condition of the occupant, wherein the plurality of features modified corresponds
to a plurality of functionalities associated with one or more systems of the vehicle.
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 (i.e., changing from AIA to pre-AIA ) 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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gallagher in view of Saitoh et al. (Saitoh; US Patent No. 5,813,989) and el Kaliouby, JR. et al. (el Kaliouby; US Pub No. 2017/0337438 A1).
As per claim 2, Gallagher teaches the vehicle system of claim 1, wherein the one or more sensors positioned in the headliner comprising at least one of:
an electroencephalogram (EEG) sensor measuring electroencephalogram information associated with a brain of the occupant (paragraph [0058]);
a brain wave monitoring sensor monitoring brain waves associated with the brain of the occupant (paragraph [0053], lines 3-4);
a heart rate sensor monitoring heart rate of the occupant (paragraph [0033], line 3).
Gallagher does not expressly teach a siesmocardiography (SCG) sensor recording body vibrations induced by the heartbeat;
an Electro-Dermal Response (EDR) sensor measuring neurally mediated effects on sweat gland permeability; and
a Skin Conductance Response (SCR) sensor measuring sympathetic autonomic activity of the occupant.
Saitoh teaches a siesmocardiography (SCG) sensor recording body vibrations induced by the heartbeat (col. 4, lines 28-33).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement vibration/heartbeat detector as taught by Saitoh, since Saitoh states in column 1, lines 8-10 that such a modification would result in monitoring the mental condition of a driver operating a vehicle.
el Kaliouby teaches an Electro-Dermal Response (EDR) sensor measuring neurally mediated effects on sweat gland permeability (paragraph [0057], lines 15-16; paragraph [0058], lines 1-6); and
a Skin Conductance Response (SCR) sensor measuring sympathetic autonomic activity of the occupant (paragraph [0057], lines 17-18).
It would have been obvious to one having ordinary skill to implement the electrodermal activity monitoring and the skin conductance monitoring as taught by el Kaliouby, since el Kaliouby states in paragraph [0058] that such a modification would result in collecting data that allows for identifying a plurality of mental states of the vehicle driver.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gallagher in view of Orlewski (US Pub No. 2010/0305816 A1).
As per claim 3, Gallagher teaches the vehicle system of claim 1, wherein the one or more sensors comprise one or more radar sensors (paragraph [0049]), and wherein the one or more radar sensors determine at least one of: an occupant in the vehicle (paragraph [0049])… respiration monitoring of the occupant (paragraph [0056], line 19), and a size or a posture of an occupant (paragraph [0098], line 10).
Gallagher does not expressly teach siesmocardiography information related to the occupant.
Orlewski teaches siesmocardiography information related to the occupant (paragraph [0007], lines 1-5).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the vibration sensors as taught by Orlewski, since Orlewski states in paragraph [0005] that such a modification would result in identifying an occupant seated in a vehicle seat.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gallagher in view of Verbeke et al. (Verbeke; US Pub No. 2020/0341745 A1).
As per claim 7, Gallagher teaches the vehicle system of claim 1.
Gallagher does not expressly teach wherein the controller is further :
determining over the air (OTA) one or more updates related to the plurality of features of the vehicle based on the condition of the occupant; and
modifying at least one feature of the plurality of features of the vehicle in response to the one or more updates.
Verbeke teaches wherein the controller is further :
determining over the air (OTA) one or more updates related to the plurality of features of the vehicle based on the condition of the occupant (paragraph [0031]); and
modifying at least one feature of the plurality of features of the vehicle in response to the one or more updates (paragraph [0031]).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement OTA updating technique as taught by Verbeke, since Verbeke states in paragraph [0031] that such a modification would result in providing automatic system updates.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gallagher in view of Lisseman et al. (Lisseman; US Pub No. 2011/0245643 A1).
As per claim 8, Gallagher teaches the vehicle system of claim 1.
Gallagher does not expressly teach wherein the controller is further :
receiving signals indicative of the temperature and the perspiration level of the occupant from the one or more sensors;
analyzing the temperature and the perspiration level; and
modifying, based on the analysis, a cabin temperature of the vehicle.
Lisseman teaches wherein the controller is further :
receiving signals indicative of the temperature and the perspiration level of the occupant from the one or more sensors;
analyzing the temperature and the perspiration level; and
modifying, based on the analysis, a cabin temperature of the vehicle (paragraph [0044]).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement measuring biological parameters of a driver as taught by Lisseman, since Lisseman states in paragraph [0044] that such a modification would result in lowering a driver stress level.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gallagher in view of Lisseman et al. (Lisseman; US Pub No. 2018/0319407 A1).
As per claim 9, Gallagher teaches the vehicle system of claim 1.
Gallagher does not expressly teach wherein the controller is:
receiving signals indicative of a position of the occupant from a visual system;
analyzing the position; and
modifying, based on the analysis, a seat position of the vehicle.
Lisseman (2018/0319407) wherein the controller is:
receiving signals indicative of a position of the occupant from a visual system;
analyzing the position; and
modifying, based on the analysis, a seat position of the vehicle (paragraph [0151], lines 3-11).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the occupant imaging as taught by Lisseman (2018/0319407), since Lisseman (2018/0319407) states in paragraph [0151] that such a modification would result in adjusting the seat position of a driver to ensure they are within the field of view of the imaging device.
Claim(s) 15, 16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gallagher in view of Green et al. (Green; US Pub No. 2017/0351812 A1).
As per claim 15, Gallagher teaches the vehicle system of claim 1, wherein the controller is further configured to modify at least one feature of the plurality of features of the vehicle based on the biometric information of the occupant (paragraphs [0037] & [0038]).
Gallagher does not expressly teach wherein the biometric information is stored in a database, and wherein the biometric information is accessed via a wearable device associated with the occupant.
Green wherein the biometric information is stored in a database, and wherein the biometric information is accessed via a wearable device associated with the occupant (paragraph [0004]; paragraph [0042], lines 1-6).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the wearable device as taught by Green, since Green states that such a modification would result in monitoring and tracking a plurality of vehicle drivers.
As per claim 16, Gallagher in view of Green further teaches the vehicle system of claim 15, wherein the controller is further receiving the biometric information for the occupant from the one or more sensors at a predetermined time (Green, paragraph [0058], lines 3-4) in response to the wearable electronic device as positioned on the occupant generating a stimulus for the occupant (Green, paragraph [0009]).
As per claim 18, Gallagher teaches the vehicle system of claim 1.
Gallagher does not expressly teach wherein the controller is further utilizing a first wireless interface processor to enable Vehicle-to-Everything (V2X) communication, the first wireless interface processor is:
transmitting the biometric information of the occupant to a remote server;
receiving signals from one or more external devices or an infrastructure; and
analyzing the received signals to generate an alert and/or notification for the occupant.
Green teaches wherein the controller is further utilizing a first wireless interface processor to enable Vehicle-to-Everything (V2X) communication, the first wireless interface processor is:
transmitting the biometric information of the occupant to a remote server;
receiving signals from one or more external devices or an infrastructure; and
analyzing the received signals to generate an alert and/or notification for the occupant (paragraph [0038]-[0043]).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the driver monitoring and tracking as taught by Green, since Green states that such a modification would result in monitoring a plurality of vehicle drivers for safe operation of a vehicle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mehdi et al. (US Pub No. 2021/0284175 A1): similar inventive concept
Kuehnle et al. (US Pub No. 2019/0147263 A1): similar inventive concept
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAOMI J SMALL whose telephone number is (571)270-5184. The examiner can normally be reached Monday-Friday 8:30AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached at 571-272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NAOMI J SMALL/Primary Examiner, Art Unit 2685
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