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 .
Response to Arguments
Applicant’s arguments, see pages 6-7, filed 10/07/2026, with respect to 35 U.S.C. 101 rejection(s) have been fully considered and are persuasive. The prior 35 U.S.C. 101 rejection(s) of the claims has been withdrawn.
Applicant’s arguments, see pages 7-10, filed 10/07/2026, with respect to the rejection(s) of claim(s) under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of prior art to address the amended limitations.
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.
The factual inquiries 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 nonobviousness.
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(s) 1, 6, 8, 11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over WAKANA et al. (US 20180074081 A1) in view of GROHMAN et al. (US 20160086021 A1) further in view of GONG (US 10479370 B2).
1. WAKANA discloses (abstract) a method of testing a user for a substance (FIG.1-15), the method comprising:
connecting a portable testing device 1 to the personal mobile device 2; (FIG.1 [0144])
recording a video from a camera via the personal mobile device; ([0041] during step S203 wherein breath introduction is performed)
capturing a first photograph from the camera via the personal mobile device; ([0040] imaging device 21 of the terminal device 2 performs image capturing at the time “T0”)
measuring a blood alcohol content of the user via the portable testing device while recording the video via the personal mobile device; ([0040-0041, 0092] during S204 and S511)
capturing a second photograph from the camera via the personal mobile device; ([0101] during S621 – FIG.15)
comparing the first photograph and the second photograph via a facial recognition routine; ([0102-0103] during step S631-S632)
analyzing the blood alcohol content of the user compared to a threshold blood alcohol content; (FIG.14 - step S512) and
generating a report based on the analyzing the blood alcohol content of the user compared to the threshold blood alcohol content. (FIG.14 – step S524 – display determination result based on calculation of alcohol content)
[0040] A case of authentication OK will be described with reference to the upper part and middle part of FIG. 2. With the breath introduction being performed from the breath introduction inlet 11 of the breath introduction device 1 as a trigger, the imaging device 21 of the terminal device 2 performs image capturing at the time “T0”. At this time, a user brings his or her face (mouth) close to the breath introduction inlet 11 of the breath introduction device 1. Therefore, the user is also bringing his or her face to the terminal device 2 mounted on the breath introduction device 1. Therefore, in an image P10 captured at the time “T0”, the user's mouth area is captured. In addition, since the user is performing breath introduction at the time “T0”, the user's mouth is in the state of being open in the image P10.
[0041] The terminal device 2 continues to capture images for a predetermined time with the breath introduction being performed from the breath introduction inlet 11 of the breath introduction device 1 as a trigger (first capturing). The continuous image capturing for a predetermined time may be video capturing or still images capturing (frame capturing) at predetermined intervals. The images at times “T1”, “T2”, and “T3” captured in this manner are shown as images P11 to P13. As described above, the still images captured at the respective timings “T1”, “T2”, and “T3” may be the images P11 to P13, or the still images corresponding to the respective timings “T1”, “T2”, and “T3” may be extracted from the video to generate the images P11 to P13. The images P10 to P13 are referred to as a first image group. Here, it is assumed that still images are extracted from the video. By extracting still images from the video, it is possible to acquire still images having a shorter time interval between the images than images acquired by continuous capturing of still images, and it is possible to improve the accuracy of authentication.
[0076] FIG. 11 is a flowchart showing a procedure of entire breath measurement processing used in the first embodiment. Because the sensors 121 to 127 are normally operating at step S113 in FIG. 10, the user who confirms that the breath measurement can be started is instructed to execute the breath measurement application (S201) so that each of the units 200 to 209 shown in FIG. 9 is activated. Next, the user operates the terminal device 2 to select either a drinking determination mode or an analysis mode (mode selection processing: S202). Here, it is assumed that the drinking determination mode is selected. In the terminal device 2, when all of the units 200 to 209 are activated, the display processing unit 203 of the terminal device 2 displays information (breath introduction instruction) prompting breath introduction on the display input device 22 (S203). The user who has confirmed that information prompting breath introduction is displayed introduces breath from the breath introduction inlet 11 of the breath introduction device 1 (S204). In other words, the user brings the mouth close to the breath introduction inlet 11 and blows breath. Thereafter, the terminal device 2 performs the first authentication processing (S300), the erroneous detection prevention processing (S400), and the breath alcohol determination processing (S500) in parallel. Each processing of the first authentication processing (S300), the erroneous detection prevention processing (S400), and the breath alcohol determination processing (S500) will be described later.
[0093] As a result of step S501, in a case where the output value Vh of the water vapor sensor 122 is equal to or greater than the threshold Vth1 (S501.fwdarw.Yes), the gas concentration calculation processing unit 204 calculates the concentration of each gas such as hydrogen, alcohol (ethanol), acetaldehyde, and the like in the breath, based on each output value of the hydrogen sensor 121, the alcohol sensor 124, the acetaldehyde sensor 123, and the like (S511). The gas components detected by these three kinds of gas sensors (hydrogen sensor 121, alcohol sensor 124, and acetaldehyde sensor 123) are main components contained in breath after drinking. By calculating the gas concentration of these three kinds of gas components (hydrogen, the ethanol (alcohol), and acetaldehyde) and analyzing the concentration of these three kinds of gas components by using mathematical method, it is possible to improve the accuracy of the ethanol concentration. Then, the drinking determination processing unit 206 determines whether or not the calculated ethanol (alcohol) gas concentration is less than a drinking threshold (S512).
[0094] As a result of step S512, in a case where the ethanol gas (alcohol) concentration is less than the drinking threshold (S512.fwdarw.Yes), the drinking determination processing unit 206 determines that the user has not drunk alcohol (S521), and stores the determination result of step S511 in the storage device 25 in association with the first image group stored in the storage device 25 in step S333 of FIG. 12 (S523). At this time, the respective gas concentrations calculated in step S511 may also be stored in the storage device 25 in association with the first image group. Then, the display processing unit 203 displays the determination result of step S512 on the display input device 22 (S524) and the processing returns to step S600 in FIG. 11. In step S524, permission processing such as unlocking the key of the automobile is not performed.
[0095] As a result of step S512, in a case where the ethanol (alcohol) gas concentration is not less than the drinking threshold (S512.fwdarw.No), that is, in a case where any one of the calculated gas concentrations is equal to or greater than the drinking threshold, the drinking determination processing unit 206 determines that the user has drunk alcohol (S531). Then, the alcohol concentration in the blood becomes less than the predetermined value, the possible driving time calculation unit 208 calculates the possible driving time which is a time when the driving is possible (S532) based on the calculated alcohol concentration and the like.
However, WAKANA fails to explicitly disclose:
prompting the user to initiate a test via a personal mobile device without user intervention;
AND
measuring a blood alcohol content of the user via a fuel cell of the portable testing device.
GROHMAN teaches (abstract) in a similar field of invention (FIG.1), a system for substance testing, the function of prompting a user to initiate a test [0040] via personal mobile device without user intervention (as best understood – neither the prior art nor the claim require that such user interacts or processes the function of prompting initiation of a test, rather the system of GROHMAN automatically prompts user to perform a test before starting a vehicle). Furthermore, GROHMAN teaches using a fuel cell of mobile device [0038-0039] to determine breath alcohol content.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try prompting a user to initiate a test before a vehicle is started as taught by GROHMAN [0024] in order to prevent a user from operating (starting) a vehicle before performing required test, thereby increasing operational safety.
However, WAKANA and GROHMAN fails to explicitly disclose:
uploading at least one of the video, the first photograph, and the second photograph to a remote server.
GONG teaches (abstract) in a similar field of invention (FIG.1-2) a user identification method to authorize such user, wherein uploading of at least on first or second photograph to a remote server (FIG.2) for the purpose archiving user images in a database for further processing or use.
(c.1, l.44 – c.2, l.37)
(4) The present disclosure provides a system for authorizing a user to operate a vehicle. The system comprises a first image capturing device, a second image capturing device, an identification device, a first operation execution device, and a second operation execution device. The first image capturing device is disposed outside the vehicle for capturing a first image of the user. The second image capturing device is disposed inside the vehicle for capturing a second image of the user. The identification device is configured to compare the first image with a first stored user image in a database, generate a first output, and upload the first image to the database as a second stored user image if a matching degree of the first image with the first stored user image is greater than a first threshold. The identification device is further configured to compare the second image with the second stored user image, and generate a second output if a matching degree of the second image and the second stored user image is larger than a second threshold. The first operation execution device is configured to perform a first vehicle operation upon the first output, and the second operation execution device is configured to perform a second vehicle operation upon the second output.
(5) In some embodiments, the first image capturing device may be located on an exterior door frame of the vehicle at a driver side, and the second image capturing device may be located on a steering wheel or a dash board by the driver side.
(6) In some embodiments, the database may be in a server in communication with the vehicle or a storage medium in the identification device.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try updating a database in a remote server by uploading at least the first and/or second photograph as taught by GONG in order to archive user images for further use such as for identifying future vehicle use by a previously identified user from the images.
However, WAKANA and GONG fails to explicitly disclose:
6. The method of Claim 1, further comprising: prompting the user to retest in response to inconclusive measurement of the blood alcohol content of the user.
8. The method of Claim 1, further comprising: prompting the user to retest in response to inconclusive comparison of the first photograph to the second photograph.
GROHMAN teaches (abstract) in a similar field of invention, a system for substance testing, including prompting a user to retest in case of various failures during testing. [0040, 0082]
One of ordinary skill in the art would understand the need to retest if and when there is any failure during testing as suggested by GROHMAN.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try prompting a user to retest in order to prevent unwanted scenarios with substance abuse during operating a vehicle.
However, WAKANA and GONG fails to explicitly disclose:
11. The method of Claim 1, further comprising:
logging an incomplete test in response to the measuring the blood alcohol content of the user in a predetermined time.
GROHMAN teaches (abstract) in a similar field of invention, a system for substance testing, including logging functions, which are used to log a history of various operations including a failure during testing. [0026-0033, 0060]
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to log an incomplete test in order to completely track any user testing actions and determine any further actions.
13. The method of Claim 1, further comprising: connecting the portable testing device to the personal mobile device via wireless communication. [0144]
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over WAKANA et al. (US 20180074081 A1) in view of GROHMAN et al. (US 20160086021 A1) further in view of GONG (US 10479370 B2) further in view of GUO (US 20140189516 A1).
2. WAKANA discloses the method of Claim 1, further comprising:
activating the camera of the personal mobile device. (FIG.2)
However, WAKANA as modified by GROHMAN and GONG fails to explicitly disclose:
providing a video preview of the camera to the user via the personal mobile device.
GUO teaches (abstract) in a similar field of invention, providing a preview video for instruction to a user of mobile device. [0038-0046]
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a video preview of the camera and how to use it during testing in order to provide proper means for prompting user to execute breath application.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over WAKANA et al. (US 20180074081 A1) in view of GROHMAN et al. (US 20160086021 A1) further in view of GONG (US 10479370 B2) further in view of SARWAR et al. (WO 2019188599 A1).
However, WAKANA fails to explicitly disclose:
4. The method of Claim 1, further comprising:
analyzing a suction airflow of the user after analyzing the blood alcohol content of the user.
5. The method of Claim 4, further comprising: prompting the user to retest in response to inconclusive confirmation of the suction airflow.
SARWAR teaches (abstract) in a similar field of invention, an automated analysis device, to perform analysis on blood for instance, wherein airflow suction abnormality is determined to trigger retesting operation.
For this reason, when automatic retesting is set to be enabled, it is desirable to set an automatic retesting request for a measurement item that has been determined to be an air suction abnormality before the updated cumulative number reaches the cumulative allowable number.
Claims
If automatic retesting is set to be enabled, an automatic retest request is set for a measurement item that has been determined to be an air suction abnormality before the updated cumulative number reaches the cumulative permissible number. Analysis equipment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to analyze airflow suction in order to determine if and when a testing operation is failing.
Claim(s) 3, 7, 9 and 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over WAKANA et al. (US 20180074081 A1) in view of GROHMAN et al. (US 20160086021 A1) further in view of GONG (US 10479370 B2) further in view of NOTHACKER et al. (US 20180164284 A1).
However, WAKANA as modified by GROHMAN and GONG fails to explicitly disclose:
3. the method of Claim 1, further comprising:
capturing a third photograph via a testing camera of the portable testing device.
NOTHACKER teaches (abstract) in a similar field of invention (FIG.7) a substance monitoring system 300 including using a camera 240 on a testing device 210 to capture user images so as to properly identify a user using a unique signature based on captured features of user.
[0069] In one variation, wherein the user identification module 240 is in communication with the mobile computing device 300, the user identification module 240 can implement an optical sensor (e.g., camera module) configured to capture a feature of the user (e.g., a feature that enables facial recognition, recognition of the user's eye, recognition of the user's ear, recognition of the user's blood vessel network, and/or recognition of the user's dermatological features) as the user provides the breath sample. In this variation, the authentication signals generated can include a signature unique to the user (e.g., the user's facial configuration, the user's eye, the user's ear, the user's blood vessel network, the user's freckles, etc.). In yet another variation, the user identification module 240 can include a reader (e.g., RFID reader, NFC reader, etc.) configured to read an identification chip coupled (e.g., embedded subcutaneously) to the user, wherein the reader is located proximal to the cavity 215 in an orientation that is configured to enable reading of only the identification chip of the user providing the breath sample. In this variation, the authentication signals generated can include a signature unique to the user based upon the information captured in the identification chip (e.g., name, identification number, photograph, fingerprint, parent names and identification numbers, date of birth, gender, address, etc.). In yet another variation, the user identification module 240 can include a module configured to accept a biological sample (e.g., a saliva sample) from the user as the user provides the breath sample, which can be used to authenticate the user (e.g., by analyzing the user's DNA or other biological signature). In yet another example, the user identification module 240 can be configured to prompt the user to ingest a substance that can be detected within the breath of the user, and can include a sensor configured to verify the presence of the substance within the user's breath as the user provides the breath sample. In any of the above variations, the sensor(s) of the user identification module 240 can be fixed relative to the sample-receiving module in a manner that prevents another entity from providing a fraudulent breath sample while the user performs the action.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try another camera as a third camera placed on the portable testing device in order to adopt using a unique image signature based on captured user features during testing process so as to increase security of the system.
However, WAKANA as modified by GROHMAN and GONG fails to explicitly disclose:
7. The method of Claim 6, further comprising: notifying an agent in response to inconclusive measurement of the blood alcohol content of the user.
NOTHACKER teaches (abstract) in similar field of invention the concept of having notifying a monitoring entity in response to any issue during testing. One of ordinary skill in the art would understand the need to notify an agent in response to any inconclusive measurement of BAC in a user so as to properly monitor a user's alcohol consumption/intoxication. [0016, 0050]
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try notifying an agent of any inconclusive measurement of the blood alcohol content of the user in order to determine if measurement was performed properly or if retesting may be necessary.
However, WAKANA as modified by GROHMAN and GONG fails to explicitly disclose:
9. The method of Claim 8, further comprising: notifying an agent in response to inconclusive comparison of the first photograph to the second photograph.
NOTHACKER teaches (abstract) in similar field of invention the concept of having notifying a monitoring entity in response to any issue during testing. One of ordinary skill in the art would understand the need to notify an agent in response to any inconclusive measurement of BAC in a user so as to properly monitor a user's alcohol consumption/intoxication, including a failed comparison of photographs. [0016, 0050]
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try notifying an agent of any inconclusive measurement of the blood alcohol content of the user in order to determine if measurement was performed properly or if retesting may be necessary.
However, WAKANA and GONG fails to explicitly disclose:
14. The method of Claim 1, further comprising: recording a position of at least the portable testing device or a position of the personal mobile device.
15. The method of Claim 14, further comprising: comparing the position of the portable testing device to the position of the personal mobile device.
16. The method of Claim 15, further comprising: notifying the user via the portable testing device in response to the position of the portable testing device being a threshold distance away from the position of the personal mobile device.
17. The method of Claim 15, further comprising: notifying the user via the personal mobile device in response to the position of the personal mobile device being a threshold distance away from the position of the portable testing device.
NOTHACKER teaches (abstract) in a similar field of invention, monitoring a position of at least testing device or mobile device to determine if a proper measurement is being performed in a proper location [0019, 0046, 0053]
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to compare a position of either device carried by a user in order to determine if testing is performed in the proper position.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over WAKANA et al. (US 20180074081 A1) in view of GROHMAN et al. (US 20160086021 A1) further in view of GUO (US 20140189516 A1) further in view of NOTHACKER et al. (US 20180164284 A1) and SARWAR et al. (WO 2019188599 A1) and GONG (US 10479370 B2).
18. WAKANA discloses (as for claim 1) a method of testing a user for a substance, the method comprising:
connecting a portable testing device to the personal mobile device via wireless communication;
activating a camera of the personal mobile device; (FIG.2)recording a video from the camera via the personal mobile device;
capturing a first photograph from the camera via the personal mobile device;
measuring a blood alcohol content of the user via the portable testing device while recording the video via the personal mobile device;
capturing a second photograph from the camera via the personal mobile device; capturing a third photograph via a testing camera of the portable testing device;
comparing the first photograph and the second photograph via a facial recognition routine;
analyzing the blood alcohol content of the user compared to a threshold blood alcohol content;
recording a position of at least the portable testing device or a position of the personal mobile device; and
generating a report based on the analyzing the blood alcohol content of the user compared to the threshold blood alcohol content.
However, WAKANA fails to explicitly disclose:
prompting the user to initiate a test via a personal mobile device without user intervention;
AND
measuring a blood alcohol content of the user via a fuel cell of the portable testing device.
GROHMAN teaches (abstract) in a similar field of invention (FIG.1), a system for substance testing, the function of prompting a user to initiate a test [0040] via personal mobile device without user intervention (as best understood – neither the prior art nor the claim require that such user interacts or processes the function of prompting initiation of a test, rather the system of GROHMAN automatically prompts user to perform a test before starting a vehicle). Furthermore, GROHMAN teaches using a fuel cell of mobile device [0038-0039] to determine breath alcohol content.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try prompting a user to initiate a test before a vehicle is started as taught by GROHMAN [0024] in order to prevent a user from operating (starting) a vehicle before performing required test, thereby increasing operational safety.
However, WAKANA fails to explicitly disclose:
providing a video preview of the camera to the user via the personal mobile device.
GUO teaches (abstract) in a similar field of invention, providing a preview video for instruction to a user of mobile device. [0038-0046]
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a video preview of the camera and how to use it during testing in order to provide proper means for prompting user to execute breath application.
However, WAKANA fails to explicitly disclose:
capturing a third photograph via a testing camera of the portable testing device.
recording a position of at least the portable testing device or a position of the personal mobile device.
NOTHACKER teaches (abstract) in a similar field of invention (FIG.7) a substance monitoring system 300 including using a camera 240 on a testing device 210 to capture user images so as to properly identify a user using a unique signature based on captured features of user.
[0069] In one variation, wherein the user identification module 240 is in communication with the mobile computing device 300, the user identification module 240 can implement an optical sensor (e.g., camera module) configured to capture a feature of the user (e.g., a feature that enables facial recognition, recognition of the user's eye, recognition of the user's ear, recognition of the user's blood vessel network, and/or recognition of the user's dermatological features) as the user provides the breath sample. In this variation, the authentication signals generated can include a signature unique to the user (e.g., the user's facial configuration, the user's eye, the user's ear, the user's blood vessel network, the user's freckles, etc.). In yet another variation, the user identification module 240 can include a reader (e.g., RFID reader, NFC reader, etc.) configured to read an identification chip coupled (e.g., embedded subcutaneously) to the user, wherein the reader is located proximal to the cavity 215 in an orientation that is configured to enable reading of only the identification chip of the user providing the breath sample. In this variation, the authentication signals generated can include a signature unique to the user based upon the information captured in the identification chip (e.g., name, identification number, photograph, fingerprint, parent names and identification numbers, date of birth, gender, address, etc.). In yet another variation, the user identification module 240 can include a module configured to accept a biological sample (e.g., a saliva sample) from the user as the user provides the breath sample, which can be used to authenticate the user (e.g., by analyzing the user's DNA or other biological signature). In yet another example, the user identification module 240 can be configured to prompt the user to ingest a substance that can be detected within the breath of the user, and can include a sensor configured to verify the presence of the substance within the user's breath as the user provides the breath sample. In any of the above variations, the sensor(s) of the user identification module 240 can be fixed relative to the sample-receiving module in a manner that prevents another entity from providing a fraudulent breath sample while the user performs the action.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try another camera as a third camera placed on the portable testing device in order to adopt using a unique image signature based on captured user features during testing process so as to increase security of the system.
NOTHACKER teaches (abstract) in a similar field of invention, monitoring a position of at least testing device or mobile device to determine if a proper measurement is being performed in a proper location [0019, 0046, 0053]
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to compare a position of either device carried by a user in order to determine if testing is performed in the proper position.
However, WAKANA fails to explicitly disclose:
analyzing a suction airflow of the user after analyzing the blood alcohol content of the user.
SARWAR teaches (abstract) in a similar field of invention, an automated analysis device, to perform analysis on blood for instance, wherein airflow suction abnormality is determined to trigger retesting operation.
For this reason, when automatic retesting is set to be enabled, it is desirable to set an automatic retesting request for a measurement item that has been determined to be an air suction abnormality before the updated cumulative number reaches the cumulative allowable number.
Claims
If automatic retesting is set to be enabled, an automatic retest request is set for a measurement item that has been determined to be an air suction abnormality before the updated cumulative number reaches the cumulative permissible number. Analysis equipment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to analyze airflow suction in order to determine if and when a testing operation is failing.
However, WAKANA fails to explicitly disclose:
uploading at least one of the video, the first photograph, and the second photograph to a remote server.
GONG teaches (abstract) in a similar field of invention (FIG.1-2) a user identification method to authorize such user, wherein uploading of at least on first or second photograph to a remote server (FIG.2) for the purpose archiving user images in a database for further processing or use.
(c.1, l.44 – c.2, l.37)
(4) The present disclosure provides a system for authorizing a user to operate a vehicle. The system comprises a first image capturing device, a second image capturing device, an identification device, a first operation execution device, and a second operation execution device. The first image capturing device is disposed outside the vehicle for capturing a first image of the user. The second image capturing device is disposed inside the vehicle for capturing a second image of the user. The identification device is configured to compare the first image with a first stored user image in a database, generate a first output, and upload the first image to the database as a second stored user image if a matching degree of the first image with the first stored user image is greater than a first threshold. The identification device is further configured to compare the second image with the second stored user image, and generate a second output if a matching degree of the second image and the second stored user image is larger than a second threshold. The first operation execution device is configured to perform a first vehicle operation upon the first output, and the second operation execution device is configured to perform a second vehicle operation upon the second output.
(5) In some embodiments, the first image capturing device may be located on an exterior door frame of the vehicle at a driver side, and the second image capturing device may be located on a steering wheel or a dash board by the driver side.
(6) In some embodiments, the database may be in a server in communication with the vehicle or a storage medium in the identification device.
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to try updating a database in a remote server by uploading at least the first and/or second photograph as taught by GONG in order to archive user images for further use such as for identifying future vehicle use by a previously identified user from the images.
However, WAKANA et al. (US 20180074081 A1) in view of GROHMAN et al. (US 20160086021 A1) further in view of GUO (US 20140189516 A1) further in view of NOTHACKER et al. (US 20180164284 A1) fails to explicitly disclose:
19. the method of Claim 18, further comprising: prompting the user to retest in response to inconclusive confirmation of measurement of the blood alcohol content of the user, comparison of the first photograph to the second photograph, or the suction airflow.
SARWAR teaches (abstract) in a similar field of invention, an automated analysis device, to perform analysis on blood for instance, wherein airflow suction abnormality is determined to trigger retesting operation.
For this reason, when automatic retesting is set to be enabled, it is desirable to set an automatic retesting request for a measurement item that has been determined to be an air suction abnormality before the updated cumulative number reaches the cumulative allowable number.
Claims
If automatic retesting is set to be enabled, an automatic retest request is set for a measurement item that has been determined to be an air suction abnormality before the updated cumulative number reaches the cumulative permissible number. Analysis equipment.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to analyze airflow suction in order to determine if and when a testing operation is failing.
However, WAKANA et al. (US 20180074081 A1) in view of GROHMAN et al. (US 20160086021 A1) further in view of GUO (US 20140189516 A1) fails to explicitly disclose:
20. The method of Claim 18, further comprising: notifying an agent in response to inconclusive measurement in response to inconclusive confirmation of measurement of the blood alcohol content of the user, comparison of the first photograph to the second photograph, or the suction airflow.
NOTHACKER teaches (abstract) in similar field of invention the concept of having notifying a monitoring entity in response to any issue during testing. One of ordinary skill in the art would understand the need to notify an agent in response to any inconclusive measurement of BAC in a user so as to properly monitor a user's alcohol consumption/intoxication. [0016, 0050]
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to try notifying an agent of any inconclusive measurement of the blood alcohol content of the user in order to determine if measurement was performed properly or if retesting may be necessary.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS E GARCIA whose telephone number is (571)270-1354. The examiner can normally be reached M-Th 9-6pm F 9-5pm.
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CARLOS E. GARCIA
Primary Examiner
Art Unit 2686
/Carlos Garcia/Primary Examiner, Art Unit 2686 10/13/2026
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