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 § 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.
Claims 1-7 and 9-11 are rejected under 35 U.S.C. 102[a][1] as being anticipated by Kraimer; James V. et al. (US 20080071429 A1)
In regards to claim 1, Kraimer teaches, A vehicle control system, comprising: (See abstract, supplemental control system for a materials handling vehicle)
a control system for controlling operation of a vehicle or a working component thereof; and (See abstract, paragraph 23, a supplemental remote control system for a materials handling vehicle comprises a wearable wireless remote control device that is donned by an operator interacting with the materials handling vehicle…paragraph 38, a block diagram 100 illustrates a control arrangement for integrating remote control commands with the truck 10…The receiver 102 passes the received commands to a controller 103, which implements the appropriate actions in response to the received commands, e.g., by operating relays or other actuation devices controlled by electricity, magnetics, hydraulics, pneumatics, etc., or by communicating with other truck components.)
a wearable device communicatively coupled to the control system and configured to generate wearable data, the control system configured to: (See fig. 2, controller 103, abstract, a wearable wireless remote control device that is donned by an operator…paragraph 7, The wearable wireless remote control device includes a wireless transmitter and a travel control communicably coupled to the wireless transmitter, wherein actuation of the travel control causes the wireless transmitter to wirelessly transmit a travel request…paragraph 38, The antenna 66 is coupled to a receiver 102 for receiving commands issued by the remote control device 70.)
obtain the wearable data; (See fig. 2, paragraph 38, The receiver 102 passes the received commands to a controller 103…paragraph 8, a receiver for receiving transmissions from the wireless transmitter at the vehicle and a controller that is communicably coupled to the receiver. The controller 103 receives the wireless signals from the remote control device 70 via receiver 102)
determine a position of the wearable device relative to the vehicle based on the wearable data; and (See paragraph 44, the travel signal may be detected at a power level that is too strong or too weak to be considered a valid signal. For example, if a signal is too strong, it may indicate that an operator is too close to the truck 10 to initiate automated travel. Correspondingly, if a signal is too weak, that may indicate that an operator has exceeded a predetermined range from the truck 10 for allowed remote control. Also see paragraph 60)
control operation of the vehicle or the working component based on the position. (See paragraph 8, the controller being responsive to receipt of the first type signal by the receiver to evaluate at least one vehicle condition, to decide whether to implement the travel request based upon the evaluation of the vehicle condition(s) and to cause the traction control system to advance the vehicle…paragraph 44, if signal too strong (operator too close), automated travel is not initiated…paragraph 60, As described above, the controller 103 may discriminate signals that are too strong, suggesting that the operator is either standing on, or is in too close of proximity to the truck 10 for remote operation. Therefore, Kraimer’s controller controls vehicle operation based on the position/proximity of the wearable device relative to the vehicle)
In regards to claim 2, Kraimer teaches the vehicle control system of claim 1, wherein controlling the vehicle comprises enabling, disabling, and limiting a function of the vehicle. (See paragraph 50, the controller 103 may interact with the traction motor controller 106 to advance the truck 10 for a period of time in response to the detection and maintained actuation of the control on the remote 70…paragraph 54, the wireless remote control 70 may include a disable control that transmits a message instructing the truck 10 to brake and/or shut down…paragraph 42, the travel speed of the truck 10 may be limited to typical walking speed, e.g., up to or around 2.75 miles per hour (4.4 kilometers per hour).)
In regards to claim 3, Kraimer teaches the vehicle control system of claim 1,
wherein the wearable device comprises one or more of a wrist-mounted device, a glove, a jacket, a vest, a head-mounted device, or a pendant. (See fig. 6-7, glove)
In regards to claim 4, Kraimer teaches the vehicle control system of claim 1,
wherein the control system is further configured to determine an identity of an operator associated with the wearable device, and selectively control operation of the vehicle or the working component based on the identity. (See paragraph 43, an operator and/or transmitter identification (ID) code may be embedded into the travel request as will be described in greater detail below. Under such a case, the controller 103 may be operatively configured to respond to messages bearing only certain ID codes or to exclude/disregard commands from certain ID codes.)
In regards to claim 5, Kraimer teaches the vehicle control system of claim 1,
wherein controlling operation of the vehicle based on the position of the wearable device comprises driving the vehicle. (See paragraph 60, Still further, there may be a minimum range, within which the wireless remote control may be nonfunctional. As described above, the controller 103 may discriminate signals that are too strong, suggesting that the operator is either standing on, or is in too close of proximity to the truck 10 for remote operation. Also see paragraph 42, The traction motor controller 106 is coupled to a traction motor 107 that drives at least one steered wheel 108 of the truck 10. The controller 103 may communicate with the traction motor controller 106 in such a was so as to limit the speed of the truck 10 in response to receiving a travel request from the remote control device 70. For example, the travel speed of the truck 10 may be limited to typical walking speed, e.g., up to or around 2.75 miles per hour (4.4 kilometers per hour).)
In regards to claim 6, Kraimer teaches the vehicle control system of claim 1,
wherein controlling the working component based on the position of the wearable device comprises controlling a lift assembly or a grabber assembly. (See fig. 1, paragraph 26, low level order picking truck 10 includes in general, a load handling assembly 12 that extends from a power unit 14. The load handling assembly 12 includes a pair of forks 16, each fork 16 having a load supporting wheel assembly 18…paragraph 27, The first end section 32 also defines a compartment 48 for containing a battery, control electronics and motor(s), such as a traction motor, steer motor and lift motor for the forks (not shown)…paragraph 56)
In regards to claim 7, Kraimer teaches the vehicle control system of claim 1,
wherein controlling operation of the vehicle or the working component based on the position of the wearable device occurs based on a determination that the position of the wearable device corresponds to a risky location. (See paragraph 60, the controller 103 may discriminate signals that are too strong, suggesting that the operator is either standing on, or is in too close of proximity to the truck 10 for remote operation. Also see paragraph 44)
In regards to claim 9, Kraimer teaches the vehicle control system of claim 1,
wherein the control system is further configured to generate one or more zones around the vehicle. (See paragraph 36, fig. 4, The object sensors 76 may be used to detect the presence of objects within a predefined area of the power unit 14, such as within a predefined detection area 78 as illustrated in dashed lines… the object sensors 76 towards the front of the power unit 14 may have a range of approximately 0-5 feet (0-1.5 meters) and the object sensors 76 to the sides of the power unit 14 may have a range of approximately 0-2 feet (0-0.6 meters)…paragraph 60, there may be a minimum range, within which the wireless remote control may be nonfunctional.)
In regards to claim 10, Kraimer teaches the vehicle control system of claim 9,
wherein the control system is further configured to detect a position of the wearable device proximate to a zone of the one or more zones around the vehicle and control an operation of the vehicle or the working component based on a predetermined identity of the zone. (See paragraph 36, fig. 4, The object sensors 76 may be used to detect the presence of objects within a predefined area of the power unit 14, such as within a predefined detection area 78 as illustrated in dashed lines… the object sensors 76 towards the front of the power unit 14 may have a range of approximately 0-5 feet (0-1.5 meters) and the object sensors 76 to the sides of the power unit 14 may have a range of approximately 0-2 feet (0-0.6 meters)…paragraph 60, there may be a minimum range, within which the wireless remote control may be nonfunctional...paragraphs 44, 70-72. Each of Kraimer’s zones triggers a specific, predetermined control action. The minimum-range zone disables remote start; the detection area zones stop the truck; the disabling zone prevents remote travel.)
In regards to claim 11, Kraimer teaches the vehicle control system of claim 1,
further comprising a vehicle awareness system, (See paragraph 30, 33-34, strobe light 72, light source 68 for awareness Also see paragraphs 35-36, object sensors 76) wherein the control system is further configured to: receive data from the vehicle awareness system indicating that an object may come in contact with an operator wearing the wearable device; and generate an operator alert to the wearable device. (See fig. 3, paragraphs 35-36, The object sensors 76 may comprise any suitable proximity or contact detection technology… The object sensors 76 may be used to detect the presence of objects within a predefined area of the power unit 14, such as within a predefined detection area 78 as illustrated in dashed lines. Also see paragraphs 30, 33-34, strobe light 72, light source 68, paragraph 80, providing alarm, paragraph 88, The remote control device 70 may further include additional alert elements such as a display screens sounds or other features that provide a visual and/or audible cue as to the status of the remote and/or the associated truck 10.)
Claims 13, 15-17 are rejected under 35 U.S.C. 102[a][1] as being anticipated by Soar (US 20110018498 A1)
In regards to claim 13, Soar teaches, A charging system for a wearable device, comprising: (See abstract, claim 1)
a wireless charging device located within a vehicle at a position corresponding to a wearable device and (See claim 1, fig. 3a-3b, paragraph 80, The moment the soldier is sensed to be sitting in the seat, a primary charging inductive coil or coils 5 in the vehicles seat, for example in the seat back 3a, generate a magnetic flux and inductively connect to a secondary inductive coil or coils 6 located on the soldier. Once an inductive connection is made between the primary and secondary coils, the rechargeable central power source starts to receive power.)
configured to wirelessly charge the wearable device based on a proximity of the wearable device to the wireless charging device, (See claim 1, e) at least one main battery assembly adapted for wearing by the user, said at least one main battery assembly including at least one main battery and adapted for charging of said at least one main battery by said second electronics upon said inductive coupling between said first and second inductive coils when energized… paragraph 80, The moment the soldier is sensed to be sitting in the seat, a primary charging inductive coil or coils 5 in the vehicles seat, for example in the seat back 3a, generate a magnetic flux and inductively connect to a secondary inductive coil or coils 6 located on the soldier.)
the wireless charging device comprising at least one of a seat device configured to be disposed in a seat of a vehicle, a seatbelt device configured to be disposed in a seatbelt of a vehicle, an armrest device configured to be disposed in an armrest of a vehicle, or a steering wheel device configured to be disposed in a steering wheel of a vehicle. (See fig. 1, fig. 3b, fig. 4, wireless charging device located on seat of a vehicle)
In regards to claim 15, Soar teaches the charging system of claim 13,
wherein the wearable device comprises a vest capable of receiving a charge from the seat device while an operator is sitting in the vehicle. (See fig. 3a, abstract, apparel having therein a second inductive coil, a first charging and controlling circuit cooperating with the first inductive coil, and adapted to energize and modulate the first inductive coil to transfer power and data to the second inductive coil solely via inductive coupling between the first and second inductive coils, a second charging and control circuit on the apparel cooperating with the second inductive coil, at least one main battery adapted for wearing by the user, where the main battery is adapted for charging by the second circuit upon the inductive coupling of the first and second inductive coils when energized. Also see claim 1)
In regards to claim 16, Soar teaches the charging system of claim 13,
wherein the wearable device comprises a head-mounted device capable of receiving a charge from the seat device while an operator is sitting in the vehicle. (See paragraph 88, As used herein the term apparel is intended to include webbing, vests, body armor, backpacks, harnesses, coats, shorts, belts, pants, shorts, gloves, goggles, glasses, hats, helmets. Also see paragraph 121, A headrest with integrated inductive primary charging and data coils could be used to charge a central battery located on a helmet and communicate data to devices on the helmet)
In regards to claim 17, Soar teaches the charging system of claim 13,
wherein the wearable device is capable of receiving a charge from at least one of the seat device, the seatbelt device, the armrest device, or the steering wheel device when an operator of the vehicle is positioned within the vehicle. ((See claim 1, e) at least one main battery assembly adapted for wearing by the user, said at least one main battery assembly including at least one main battery and adapted for charging of said at least one main battery by said second electronics upon said inductive coupling between said first and second inductive coils when energized… paragraph 80, The moment the soldier is sensed to be sitting in the seat, a primary charging inductive coil or coils 5 in the vehicles seat, for example in the seat back 3a, generate a magnetic flux and inductively connect to a secondary inductive coil or coils 6 located on the soldier.)
Claims 18-20 are rejected under 35 U.S.C. 102[a][1] as being anticipated by Shastry et al. (US 20180026513 A1)
In regards to claim 18, Shastry teaches, A method of charging a wearable device, comprising: detecting motion of the wearable device; converting the motion of the wearable device into electrical energy; and charging the wearable device using the electrical energy. (See fig. 2, abstract, A system, method, and apparatus for kinetic energy harvesting…paragraph 29, The charged battery may be connected to a portable electronic device 202 to accordingly charge the portable electronic device, as shown in FIG. 2. The example kinetic energy harvesting device 102 may charge its internal battery at a rate of 0.1 to 50% of battery life per hour based on the vigorousness of the user's activity…paragraph 6, The central magnets are configured to move through respective inductor coils responsive to movement from a user, thereby generating a current for charging a battery. The user may connect the battery to a portable electronic device (e.g., a smartphone) to accordingly charge the device.)
In regards to claim 19, Shastry teaches the method of claim 18, wherein detecting motion of the wearable device comprises detecting motion of an arm of an operator wearing the wearable device. (See paragraph 32, The portable electronic device 202 may include…smartwatch…paragraph 4, energy harvesting devices are required to be strapped onto a user's shoe or worn on their wrist. Also see paragraph 57)
In regards to claim 20, Shastry teaches the method of claim 18,
wherein detecting motion of the wearable device comprises detecting that an operator is moving around while wearing the wearable device. (See paragraph 28, In this state 100 a user 104 wears or otherwise possesses the kinetic energy harvesting device 102 while performing an activity. The activities may include running, walking, climbing, swimming, bicycling, sitting, sleeping, standing, bouncing in a chair, socializing, riding, playing a sport, having sex, etc. Also see paragraph 32)
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kraimer; James V. et al. (US 20080071429 A1) in view of Soar (US 20110018498 A1)
In regards to claim 8, Kraimer teaches the vehicle control system of claim 1.
Kraimer does not specifically teach, further comprising a charging device located within the vehicle and configured to charge the wearable device based on the determination of the position of the wearable device.
Soar teaches, further comprising a charging device located within the vehicle and configured to charge the wearable device based on the determination of the position of the wearable device. (See abstract, claim 1, A system for providing a user, while seated in a vehicle seat in a vehicle, with electrical power and data communication without the use of a physical electrical connection between the user and the seat or vehicle, the system comprising: a) a vehicle seat having a first inductive coil assembly, said seat adapted to be mounted in a vehicle b) apparel having therein a second inductive coil assembly, said apparel adapted to be worn by a user, c) first electronics adapted for mounting in the vehicle and cooperating with said first inductive coil assembly, wherein said first electronics is a first charging and controlling circuit adapted to energize and modulate a first inductive coil of said first inductive coil assembly, said first inductive coil adapted to transfer power and data to a second inductive coil of said second inductive coil assembly solely via inductive coupling between said first and second inductive coils, d) second electronics on said apparel and cooperating with said second inductive coil assembly, wherein said second electronics is a second charging and control circuit, e) at least one main battery assembly adapted for wearing by the user, said at least one main battery assembly including at least one main battery and adapted for charging of said at least one main battery by said second electronics upon said inductive coupling between said first and second inductive coils when energized, wherein power is transferred solely via said inductive coupling for said energizing and said charging from said first electronics to said second electronics and data is transferred via said modulations for data communications between said first and second electronics.)
Therefore, it would have been obvious by one of ordinary skilled in the art before the time the invention was effectively filed to modify the vehicle control system of Kraimer to further comprise system taught by Soar because Kraimer’s wearable device can be wirelessly charged without physically connecting the device to a charger, therefore improving convenience.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kraimer; James V. et al. (US 20080071429 A1) in view of Lalande et al. (US 20180197353 A1)
In regards to claim 12, Kraimer teaches the vehicle control system of claim 1.
Kraimer does not specifically teach, wherein the wearable device is further configured to detect an operator impairment and limit one or more of access to the vehicle or operation of the vehicle or the working component based on the detection of the operator impairment.
Lalande further teaches, wherein the wearable device is further configured to detect an operator impairment and limit one or more of access to the vehicle or operation of the vehicle or the working component based on the detection of the operator impairment. (See abstract, the vehicle operator is fitted with wearable device(s) collecting biometric data (e.g., heart rate). These devices are in communication with each other, as well as a hard drive on the vehicle (e.g., a black-box) and a wireless monitoring station located at a distance. In an embodiment, the device(s) are connected to the braking system of the truck to allow emergency braking in the event of a loss of control on the part of the vehicle or consciousness on the part of the driver.)
Therefore, it would have been obvious by one of ordinary skilled in the art before the time the invention was effectively filed to modify the vehicle control system of Kraimer to further comprise system taught by Lalande because safety can be greatly improved by utilizing operator’s biometric data (abstract, paragraph 2).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Soar (US 20110018498 A1) in view of Madau et al. (US 20170310144 A1)
In regards to claim 14, Soar teaches the charging system of claim 13.
Soar does not specifically teach, wherein the wearable device comprises a wrist-mounted device capable of receiving a charge from the steering wheel device while an operator is driving the vehicle.
Madau further teaches, wherein the wearable device comprises a wrist-mounted device capable of receiving a charge from the steering wheel device while an operator is driving the vehicle.(See fig. 6, paragraph 50-51, the wearable device 610 is electrically coupled to at least one of the coils (for example coils 410 or 510), and electrically charged as shown by arrow 620. Also see paragraph 13, wherein the coil is electrically charged to provide wireless charge to a wearable device worn by a driver of the vehicle in a proximity of the steering wheel.)
Therefore, it would have been obvious by one of ordinary skilled in the art before the time the invention was effectively filed to modify the charging system of Soar to further comprise charging system taught by Madau because driver can maintain his/her connection to wearable device during driving (via wireless charge) and not leaving the driver frustrated, thus improving user experience (paragraph 10).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN S LEE whose telephone number is (571)272-2674. The examiner can normally be reached Monday - Friday 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JAMES J LEE can be reached at (571)270-5965. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN S LEE/Primary Examiner, Art Unit 3668