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 .
Double Patenting
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 of instant application are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of US Pat. No.: 12225278B2 and US Pat. No.: 11930264B2 and . Although the claims at issue are not identical, they are not patentably distinct from each other because adjusting view of driver according to a change of view by the camera requires the processing of image data, which will result in the change of view because the driver view will change according to the change of view of the camara.
Instant Application
US Pat. No.: 12225278B2
1. A vehicular driver monitoring system, the vehicular driver monitoring system comprising:a camera disposed at an interior rearview mirror assembly of a vehicle equipped with the vehicular driver monitoring system, the camera viewing interior of the vehicle and capturing image data;wherein the interior rearview mirror assembly comprises a mirror head that is adjustable relative to a mounting portion via at least one pivot joint, and wherein the mounting portion is attached at an interior portion of the vehicle;wherein the camera is disposed at the mirror head and moves in tandem with the mirror head when the mirror head is adjusted relative to the mounting portion;an electronic control unit (ECU) comprising electronic circuitry and associated software;wherein the electronic circuitry of the ECU comprises an image processor for processing image data captured by the camera;wherein the camera comprises an imaging array sensor and a lens;
wherein the imaging array sensor comprises at least one million photosensor elements arranged in rows and columns;
wherein the vehicular driver monitoring system, responsive to processing at the ECU of image data captured by the camera, monitors a body portion of a driver of the vehicle; and
wherein the vehicular driver monitoring system determines that a scene viewed by the camera has changed at least in part via processing of image data captured by the camera.
2. The vehicular driver monitoring system of claim 1, wherein the vehicular driver monitoring system adjusts the camera to adjust viewing of the body portion of the driver by the camera.
3. The vehicular driver monitoring system of claim 2, wherein the camera is adjusted by adjusting the lens relative to the imaging array sensor.
4. The vehicular driver monitoring system of claim 3, wherein the camera is adjusted to increase resolution of an area of interest of the driver of the vehicle.
5. The vehicular driver monitoring system of claim 4, wherein the area of interest comprises the eyes of the driver.
6. The vehicular driver monitoring system of claim 5, wherein the vehicular driver monitoring system, via processing at the ECU of image data captured by the camera, determines driver drowsiness.
7. The vehicular driver monitoring system of claim 4, wherein the area of interest comprises the hands of the driver.
8. The vehicular driver monitoring system of claim 4, wherein a beam direction of one or more illumination sources is adjusted to illuminate the area of interest.
9. The vehicular driver monitoring system of claim 1, wherein the vehicular driver monitoring system, via processing at the ECU of image data captured by the camera, determines driver attentiveness.
10. The vehicular driver monitoring system of claim 1, wherein the vehicular driver monitoring system adjusts viewing of the body portion of the driver by the camera responsive to determining that the scene viewed by the camera has changed.
11. The vehicular driver monitoring system of claim 1, wherein the ECU is disposed in the mirror head.
12. The vehicular driver monitoring system of claim 1, comprising at least one actuator that is operable to adjust the camera to adjust viewing of the body portion of the driver by the camera.
13. The vehicular driver monitoring system of claim 12, wherein the at least one actuator comprises a plurality of actuators.
14. The vehicular driver monitoring system of claim 13, wherein the plurality of actuators adjusts viewing of the body portion of the driver by the camera by adjusting the imaging array sensor or the lens along three independent axes.
15. The vehicular driver monitoring system of claim 12, wherein the at least one actuator is operable to adjust a beam direction of one or more illumination sources toward the driver.
16. The vehicular driver monitoring system of claim 12, wherein, responsive to processing at the ECU of image data captured by the camera, a beam direction of one or more illumination sources is adjusted to illuminate the monitored body portion of the driver of the vehicle.
17. A vehicular driver monitoring system, the vehicular driver monitoring system comprising:a camera disposed at an interior rearview mirror assembly of a vehicle equipped with the vehicular driver monitoring system, the camera viewing interior of the vehicle and capturing image data;wherein the interior rearview mirror assembly comprises a mirror head that is adjustable relative to a mounting portion via at least one pivot joint, and wherein the mounting portion is attached at an interior portion of the vehicle;wherein the camera is disposed at the mirror head and moves in tandem with the mirror head when the mirror head is adjusted relative to the mounting portion;an electronic control unit (ECU) comprising electronic circuitry and associated software;wherein the electronic circuitry of the ECU comprises an image processor for processing image data captured by the camera;wherein the camera comprises an imaging array sensor and a lens;wherein the imaging array sensor comprises at least one million photosensor elements arranged in rows and columns; wherein the vehicular driver monitoring system, responsive to processing at the ECU of image data captured by the camera, monitors the eyes of a driver of the vehicle; wherein the vehicular driver monitoring system, via processing at the ECU of image data captured by the camera, determines driver drowsiness; and wherein the vehicular driver monitoring system determines that a scene viewed by the camera has changed at least in part via processing of image data captured by the camera.
18. The vehicular driver monitoring system of claim 17, wherein the vehicular driver monitoring system adjusts the camera to adjust viewing of the eyes of the driver by the camera.
19. The vehicular driver monitoring system of claim 18, wherein the camera is adjusted by adjusting the lens relative to the imaging array sensor.
20. The vehicular driver monitoring system of claim 18, wherein the camera is adjusted to increase resolution of the eyes of the driver of the vehicle.
21. The vehicular driver monitoring system of claim 17, wherein a beam direction of one or more illumination sources is adjusted to illuminate the eyes of the driver of the vehicle.
22. The vehicular driver monitoring system of claim 17, wherein the vehicular driver monitoring system, responsive to determining a change in the eyes of the driver relative to a field of view of the camera, adjusts viewing of the eyes of the driver by the camera.
23. The vehicular driver monitoring system of claim 17, wherein the vehicular driver monitoring system adjusts viewing of the eyes of the driver by the camera responsive to determining a change in position of the eyes of the driver relative to a field of view of the camera.
24. The vehicular driver monitoring system of claim 17, wherein the vehicular driver monitoring system adjusts viewing of the eyes of the driver by the camera responsive to receiving an indication that is indicative of adjustment of the mirror head relative to the mounting portion.
25. The vehicular driver monitoring system of claim 17, wherein the ECU is disposed in the mirror head.
26. A vehicular driver monitoring system, the vehicular driver monitoring system comprising:a camera disposed at an interior rearview mirror assembly of a vehicle equipped with the vehicular driver monitoring system, the camera viewing interior of the vehicle and capturing image data;wherein the interior rearview mirror assembly comprises a mirror head that is adjustable relative to a mounting portion via at least one pivot joint, and wherein the mounting portion is attached at an interior portion of the vehicle;wherein the camera is disposed at the mirror head and moves in tandem with the mirror head when the mirror head is adjusted relative to the mounting portion;an electronic control unit (ECU) comprising electronic circuitry and associated software;wherein the electronic circuitry of the ECU comprises an image processor for processing image data captured by the camera;wherein the camera comprises an imaging array sensor and a lens;wherein the imaging array sensor comprises at least one million photosensor elements arranged in rows and columns;wherein the vehicular driver monitoring system, responsive to processing at the ECU of image data captured by the camera, monitors a body portion of a driver of the vehicle; andwherein the vehicular driver monitoring system determines that a scene viewed by the camera has changed at least in part via processing of image data captured by the camera.
27. The vehicular driver monitoring system of claim 26, wherein the vehicular driver monitoring system adjusts the camera to adjust viewing of the body portion of the driver by the camera.
28. The vehicular driver monitoring system of claim 27, wherein the camera is adjusted by adjusting the lens relative to the imaging array sensor.
29. The vehicular driver monitoring system of claim 28, wherein the camera is adjusted to increase resolution of the body portion of the driver of the vehicle.
30. The vehicular driver monitoring system of claim 26, wherein the body portion of the driver comprises the hands of the driver.
31. The vehicular driver monitoring system of claim 26, wherein a beam direction of one or more illumination sources is adjusted to illuminate the body portion of the driver.
32. The vehicular driver monitoring system of claim 26, wherein the vehicular driver monitoring system, via processing at the ECU of image data captured by the camera, determines driver attentiveness.
33. The vehicular driver monitoring system of claim 26, wherein the ECU is disposed in the mirror head.
1. A vehicular driver monitoring system, the vehicular driver monitoring system comprising:
a camera disposed at an interior rearview mirror assembly of a vehicle equipped with the vehicular driver monitoring system, the camera viewing interior of the vehicle and capturing image data;
wherein the interior rearview mirror assembly comprises a mirror head that is adjustable relative to a mounting portion via at least one pivot joint, and wherein the mounting portion is attached at an interior portion of the vehicle;
wherein the camera is disposed at the mirror head and moves in tandem with the mirror head when the mirror head is adjusted relative to the mounting portion;
an electronic control unit (ECU) comprising electronic circuitry and associated software;
wherein the electronic circuitry of the ECU comprises an image processor for processing image data captured by the camera;
wherein the camera comprises an imaging array sensor and a lens;
wherein the imaging array sensor comprises at least one million photosensor elements arranged in rows and columns;
wherein the vehicular driver monitoring system, responsive to processing at the ECU of image data captured by the camera, monitors a body portion of a driver of the vehicle; and
wherein the vehicular driver monitoring system adjusts viewing of the body portion of the driver by the camera to accommodate a change in a scene viewed by the camera.
2. The vehicular driver monitoring system of claim 1, wherein the vehicular driver monitoring system adjusts the camera to adjust viewing of the body portion of the driver by the camera.
3. The vehicular driver monitoring system of claim 2, wherein the camera is adjusted by adjusting the lens relative to the imaging array sensor.
4. The vehicular driver monitoring system of claim 3, wherein the camera is adjusted to increase resolution of an area of interest of the driver of the vehicle.
5. The vehicular driver monitoring system of claim 4, wherein the area of interest comprises the eyes of the driver.
6. The vehicular driver monitoring system of claim 5, wherein the vehicular driver monitoring system, via processing at the ECU of image data captured by the camera, determines driver drowsiness.
7. The vehicular driver monitoring system of claim 4, wherein the area of interest comprises the hands of the driver.
8. The vehicular driver monitoring system of claim 4, wherein a beam direction of one or more illumination sources is adjusted to illuminate the area of interest.
9. The vehicular driver monitoring system of claim 1, wherein the vehicular driver monitoring system, via processing at the ECU of image data captured by the camera, determines driver attentiveness.
10. The vehicular driver monitoring system of claim 1, wherein the vehicular driver monitoring system determines that the scene viewed by the camera has changed at least in part via processing of image data captured by the camera.
11. The vehicular driver monitoring system of claim 10, wherein the vehicular driver monitoring system adjusts viewing of the body portion of the driver by the camera responsive to determining that the scene viewed by the camera has changed.
12. The vehicular driver monitoring system of claim 1, wherein the vehicular driver monitoring system determines that the scene viewed by the camera has changed based at least in part on at least one selected from the group consisting of (i) a vehicle door opening and (ii) a vehicle door closing.
13. The vehicular driver monitoring system of claim 1, wherein the vehicular driver monitoring system determines that the scene viewed by the camera has changed based at least in part on a vehicle seat adjustment.
14. The vehicular driver monitoring system of claim 1, wherein the vehicular driver monitoring system adjusts viewing of the body portion of the driver by the camera responsive to receiving an indication that is indicative of adjustment of the mirror head relative to the mounting portion.
15. The vehicular driver monitoring system of claim 1, wherein the ECU is disposed in the mirror head.
16. The vehicular driver monitoring system of claim 1, comprising at least one actuator that is operable to adjust the camera to adjust viewing of the body portion of the driver by the camera.
17. The vehicular driver monitoring system of claim 16, wherein the at least one actuator comprises a plurality of actuators.
18. The vehicular driver monitoring system of claim 17, wherein the plurality of actuators adjust viewing of the body portion of the driver by the camera by adjusting the imaging array sensor or the lens along three independent axes.
19. The vehicular driver monitoring system of claim 16, wherein the at least one actuator is operable to adjust a beam direction of one or more illumination sources toward the driver.
20. The vehicular driver monitoring system of claim 16, wherein, responsive to processing at the ECU of image data captured by the camera, a beam direction of one or more illumination sources is adjusted to illuminate the monitored body portion of the driver of the vehicle.
21. A vehicular driver monitoring system, the vehicular driver monitoring system comprising:
a camera disposed at an interior rearview mirror assembly of a vehicle equipped with the vehicular driver monitoring system, the camera viewing interior of the vehicle and capturing image data;
wherein the interior rearview mirror assembly comprises a mirror head that is adjustable relative to a mounting portion via at least one pivot joint, and wherein the mounting portion is attached at an interior portion of the vehicle;
wherein the camera is disposed at the mirror head and moves in tandem with the mirror head when the mirror head is adjusted relative to the mounting portion;
an electronic control unit (ECU) comprising electronic circuitry and associated software;
wherein the electronic circuitry of the ECU comprises an image processor for processing image data captured by the camera;
wherein the camera comprises an imaging array sensor and a lens;
wherein the imaging array sensor comprises at least one million photosensor elements arranged in rows and columns;
wherein the vehicular driver monitoring system, responsive to processing at the ECU of image data captured by the camera, monitors the eyes of a driver of the vehicle;
wherein the vehicular driver monitoring system, via processing at the ECU of image data captured by the camera, determines driver drowsiness; and
wherein the vehicular driver monitoring system adjusts viewing of the eyes of the driver by the camera to accommodate a change in a scene viewed by the camera.
22. The vehicular driver monitoring system of claim 21, wherein the vehicular driver monitoring system adjusts the camera to adjust viewing of the eyes of the driver by the camera.
23. The vehicular driver monitoring system of claim 22, wherein the camera is adjusted by adjusting the lens relative to the imaging array sensor.
24. The vehicular driver monitoring system of claim 22, wherein the camera is adjusted to increase resolution of the eyes of the driver of the vehicle.
25. The vehicular driver monitoring system of claim 21, wherein a beam direction of one or more illumination sources is adjusted to illuminate the eyes of the driver of the vehicle.
26. The vehicular driver monitoring system of claim 21, wherein the vehicular driver monitoring system, responsive to determining a change in the eyes of the driver relative to a field of view of the camera, adjusts viewing of the eyes of the driver by the camera.
27. The vehicular driver monitoring system of claim 21, wherein the vehicular driver monitoring system adjusts viewing of the eyes of the driver by the camera responsive to determining a change in position of the eyes of the driver relative to a field of view of the camera.
28. The vehicular driver monitoring system of claim 21, wherein the vehicular driver monitoring system determines that the scene viewed by the camera has changed based at least in part on at least one selected from the group consisting of (i) a vehicle door opening, (ii) a vehicle door closing and (iii) a vehicle seat adjustment.
29. The vehicular driver monitoring system of claim 21, wherein the vehicular driver monitoring system adjusts viewing of the eyes of the driver by the camera responsive to receiving an indication that is indicative of adjustment of the mirror head relative to the mounting portion.
30. The vehicular driver monitoring system of claim 21, wherein the ECU is disposed in the mirror head.
31. The vehicular driver monitoring system of claim 21, wherein the vehicular driver monitoring system determines that the scene viewed by the camera has changed at least in part via processing of image data captured by the camera.
32. A vehicular driver monitoring system, the vehicular driver monitoring system comprising:
a camera disposed at an interior rearview mirror assembly of a vehicle equipped with the vehicular driver monitoring system, the camera viewing interior of the vehicle and capturing image data;
wherein the interior rearview mirror assembly comprises a mirror head that is adjustable relative to a mounting portion via at least one pivot joint, and wherein the mounting portion is attached at an interior portion of the vehicle;
wherein the camera is disposed at the mirror head and moves in tandem with the mirror head when the mirror head is adjusted relative to the mounting portion;
an electronic control unit (ECU) comprising electronic circuitry and associated software;
wherein the electronic circuitry of the ECU comprises an image processor for processing image data captured by the camera;
wherein the camera comprises an imaging array sensor and a lens;
wherein the imaging array sensor comprises at least one million photosensor elements arranged in rows and columns;
wherein the vehicular driver monitoring system, responsive to processing at the ECU of image data captured by the camera, monitors a body portion of a driver of the vehicle; and
wherein the vehicular driver monitoring system, responsive to determining a change in position of the body portion of the driver within a field of view of the camera, adjusts viewing of the body portion of the driver by the camera.
33. The vehicular driver monitoring system of claim 32, wherein the vehicular driver monitoring system adjusts the camera to adjust viewing of the body portion of the driver by the camera.
34. The vehicular driver monitoring system of claim 33, wherein the camera is adjusted by adjusting the lens relative to the imaging array sensor.
35. The vehicular driver monitoring system of claim 34, wherein the camera is adjusted to increase resolution of the body portion of the driver of the vehicle.
36. The vehicular driver monitoring system of claim 32, wherein the body portion of the driver comprises the hands of the driver.
37. The vehicular driver monitoring system of claim 32, wherein a beam direction of one or more illumination sources is adjusted to illuminate the body portion of the driver.
38. The vehicular driver monitoring system of claim 32, wherein the vehicular driver monitoring system, via processing at the ECU of image data captured by the camera, determines driver attentiveness.
39. The vehicular driver monitoring system of claim 32, wherein the vehicular driver monitoring system adjusts viewing of the body portion of the driver by the camera responsive to receiving an indication that is indicative of adjustment of the mirror head relative to the mounting portion.
40. The vehicular driver monitoring system of claim 32, wherein the ECU is disposed in the mirror head.
41. The vehicular driver monitoring system of claim 32, wherein the vehicular driver monitoring system determines change in position of the body portion of the driver within the field of view of the camera at least in part via processing of image data captured by the camera.
Instant Application
US Pat. No.: 11930264B2
1. A vehicular driver monitoring system, the vehicular driver monitoring system comprising:a camera disposed at an interior rearview mirror assembly of a vehicle equipped with the vehicular driver monitoring system, the camera viewing interior of the vehicle and capturing image data;wherein the interior rearview mirror assembly comprises a mirror head that is adjustable relative to a mounting portion via at least one pivot joint, and wherein the mounting portion is attached at an interior portion of the vehicle;wherein the camera is disposed at the mirror head and moves in tandem with the mirror head when the mirror head is adjusted relative to the mounting portion;an electronic control unit (ECU) comprising electronic circuitry and associated software;wherein the electronic circuitry of the ECU comprises an image processor for processing image data captured by the camera;wherein the camera comprises an imaging array sensor and a lens;wherein the imaging array sensor comprises at least one million photosensor elements arranged in rows and columns;wherein the vehicular driver monitoring system, responsive to processing at the ECU of image data captured by the camera, monitors a body portion of a driver of the vehicle; andwherein the vehicular driver monitoring system determines that a scene viewed by the camera has changed at least in part via processing of image data captured by the camera.
2. The vehicular driver monitoring system of claim 1, wherein the vehicular driver monitoring system adjusts the camera to adjust viewing of the body portion of the driver by the camera.
3. The vehicular driver monitoring system of claim 2, wherein the camera is adjusted by adjusting the lens relative to the imaging array sensor.
4. The vehicular driver monitoring system of claim 3, wherein the camera is adjusted to increase resolution of an area of interest of the driver of the vehicle.
5. The vehicular driver monitoring system of claim 4, wherein the area of interest comprises the eyes of the driver.
6. The vehicular driver monitoring system of claim 5, wherein the vehicular driver monitoring system, via processing at the ECU of image data captured by the camera, determines driver drowsiness.
7. The vehicular driver monitoring system of claim 4, wherein the area of interest comprises the hands of the driver.
8. The vehicular driver monitoring system of claim 4, wherein a beam direction of one or more illumination sources is adjusted to illuminate the area of interest.
9. The vehicular driver monitoring system of claim 1, wherein the vehicular driver monitoring system, via processing at the ECU of image data captured by the camera, determines driver attentiveness.
10. The vehicular driver monitoring system of claim 1, wherein the vehicular driver monitoring system adjusts viewing of the body portion of the driver by the camera responsive to determining that the scene viewed by the camera has changed.
11. The vehicular driver monitoring system of claim 1, wherein the ECU is disposed in the mirror head.
12. The vehicular driver monitoring system of claim 1, comprising at least one actuator that is operable to adjust the camera to adjust viewing of the body portion of the driver by the camera.
13. The vehicular driver monitoring system of claim 12, wherein the at least one actuator comprises a plurality of actuators.
14. The vehicular driver monitoring system of claim 13, wherein the plurality of actuators adjusts viewing of the body portion of the driver by the camera by adjusting the imaging array sensor or the lens along three independent axes.
15. The vehicular driver monitoring system of claim 12, wherein the at least one actuator is operable to adjust a beam direction of one or more illumination sources toward the driver.
16. The vehicular driver monitoring system of claim 12, wherein, responsive to processing at the ECU of image data captured by the camera, a beam direction of one or more illumination sources is adjusted to illuminate the monitored body portion of the driver of the vehicle.
17. A vehicular driver monitoring system, the vehicular driver monitoring system comprising:a camera disposed at an interior rearview mirror assembly of a vehicle equipped with the vehicular driver monitoring system, the camera viewing interior of the vehicle and capturing image data;wherein the interior rearview mirror assembly comprises a mirror head that is adjustable relative to a mounting portion via at least one pivot joint, and wherein the mounting portion is attached at an interior portion of the vehicle;wherein the camera is disposed at the mirror head and moves in tandem with the mirror head when the mirror head is adjusted relative to the mounting portion;an electronic control unit (ECU) comprising electronic circuitry and associated software;wherein the electronic circuitry of the ECU comprises an image processor for processing image data captured by the camera;wherein the camera comprises an imaging array sensor and a lens;wherein the imaging array sensor comprises at least one million photosensor elements arranged in rows and columns; wherein the vehicular driver monitoring system, responsive to processing at the ECU of image data captured by the camera, monitors the eyes of a driver of the vehicle; wherein the vehicular driver monitoring system, via processing at the ECU of image data captured by the camera, determines driver drowsiness; and wherein the vehicular driver monitoring system determines that a scene viewed by the camera has changed at least in part via processing of image data captured by the camera.
18. The vehicular driver monitoring system of claim 17, wherein the vehicular driver monitoring system adjusts the camera to adjust viewing of the eyes of the driver by the camera.
19. The vehicular driver monitoring system of claim 18, wherein the camera is adjusted by adjusting the lens relative to the imaging array sensor.
20. The vehicular driver monitoring system of claim 18, wherein the camera is adjusted to increase resolution of the eyes of the driver of the vehicle.
21. The vehicular driver monitoring system of claim 17, wherein a beam direction of one or more illumination sources is adjusted to illuminate the eyes of the driver of the vehicle.
22. The vehicular driver monitoring system of claim 17, wherein the vehicular driver monitoring system, responsive to determining a change in the eyes of the driver relative to a field of view of the camera, adjusts viewing of the eyes of the driver by the camera.
23. The vehicular driver monitoring system of claim 17, wherein the vehicular driver monitoring system adjusts viewing of the eyes of the driver by the camera responsive to determining a change in position of the eyes of the driver relative to a field of view of the camera.
24. The vehicular driver monitoring system of claim 17, wherein the vehicular driver monitoring system adjusts viewing of the eyes of the driver by the camera responsive to receiving an indication that is indicative of adjustment of the mirror head relative to the mounting portion.
25. The vehicular driver monitoring system of claim 17, wherein the ECU is disposed in the mirror head.
26. A vehicular driver monitoring system, the vehicular driver monitoring system comprising: a camera disposed at an interior rearview mirror assembly of a vehicle equipped with the vehicular driver monitoring system, the camera viewing interior of the vehicle and capturing image data; wherein the interior rearview mirror assembly comprises a mirror head that is adjustable relative to a mounting portion via at least one pivot joint, and wherein the mounting portion is attached at an interior portion of the vehicle; wherein the camera is disposed at the mirror head and moves in tandem with the mirror head when the mirror head is adjusted relative to the mounting portion; an electronic control unit (ECU) comprising electronic circuitry and associated software; wherein the electronic circuitry of the ECU comprises an image processor for processing image data captured by the camera; wherein the camera comprises an imaging array sensor and a lens; wherein the imaging array sensor comprises at least one million photosensor elements arranged in rows and columns; wherein the vehicular driver monitoring system, responsive to processing at the ECU of image data captured by the camera, monitors a body portion of a driver of the vehicle; and wherein the vehicular driver monitoring system determines that a scene viewed by the camera has changed at least in part via processing of image data captured by the camera.
27. The vehicular driver monitoring system of claim 26, wherein the vehicular driver monitoring system adjusts the camera to adjust viewing of the body portion of the driver by the camera.
28. The vehicular driver monitoring system of claim 27, wherein the camera is adjusted by adjusting the lens relative to the imaging array sensor.
29. The vehicular driver monitoring system of claim 28, wherein the camera is adjusted to increase resolution of the body portion of the driver of the vehicle.
30. The vehicular driver monitoring system of claim 26, wherein the body portion of the driver comprises the hands of the driver.
31. The vehicular driver monitoring system of claim 26, wherein a beam direction of one or more illumination sources is adjusted to illuminate the body portion of the driver.
32. The vehicular driver monitoring system of claim 26, wherein the vehicular driver monitoring system, via processing at the ECU of image data captured by the camera, determines driver attentiveness.
33. The vehicular driver monitoring system of claim 26, wherein the ECU is disposed in the mirror head.
1. A vehicular driver monitoring system, the vehicular driver monitoring system comprising:
a camera disposed at an interior rearview mirror assembly of a vehicle equipped with the vehicular driver monitoring system, the camera viewing interior of the vehicle and capturing image data;
an electronic control unit (ECU) comprising electronic circuitry and associated software;
wherein the electronic circuitry of the ECU comprises an image processor for processing image data captured by the camera;
wherein the camera comprises an imaging array sensor and a lens;
wherein the camera is adjustable by at least one selected from the group consisting of (i) adjusting a position of the imaging array sensor relative to the lens and (ii) adjusting a position of the lens relative to the imaging array sensor;
wherein the vehicular driver monitoring system, responsive to processing at the ECU of image data captured by the camera, monitors a body portion of a driver of the vehicle; and
wherein the vehicular driver monitoring system, responsive to determining a change in a position of the body portion of the driver relative to a field of view of the camera, adjusts the camera to adjust the position of where the monitored body portion of the driver is imaged at the imaging array sensor, and wherein the camera is adjusted by shifting an optical axis of the lens relative to the imaging array sensor.
2. The vehicular driver monitoring system of claim 1, wherein the camera is adjusted by adjusting the position of the imaging array sensor relative to the lens.
3. The vehicular driver monitoring system of claim 1, wherein the camera is adjusted by adjusting the position of the lens relative to the imaging array sensor.
4. The vehicular driver monitoring system of claim 1, wherein the camera is adjusted by shifting the optical axis of the lens relative to the imaging array sensor so that a center axis of the lens is not at a center region of the imaging array sensor.
5. The vehicular driver monitoring system of claim 4, wherein the camera is adjusted to increase resolution of an area of interest of the driver of the vehicle.
6. The vehicular driver monitoring system of claim 5, wherein the area of interest comprises the eyes of the driver.
7. The vehicular driver monitoring system of claim 6, wherein the vehicular driver monitoring system, via processing at the ECU of image data captured by the camera, determines driver attentiveness.
8. The vehicular driver monitoring system of claim 5, wherein the area of interest comprises the hands of the driver.
9. The vehicular driver monitoring system of claim 5, wherein a beam direction of one or more illumination sources is adjusted to illuminate the area of interest.
10. The vehicular driver monitoring system of claim 1, wherein the vehicular driver monitoring system, via processing at the ECU of image data captured by the camera, determines driver attentiveness.
11. The vehicular driver monitoring system of claim 1, wherein the vehicular driver monitoring system, responsive to receiving an indication that a scene within the field of view of the camera has changed, adjusts the camera to accommodate the change in the scene within the field of view of the camera.
12. The vehicular driver monitoring system of claim 11, wherein the indication comprises at least one selected from the group consisting of (i) a vehicle door opening, (ii) a vehicle door closing and (iii) a vehicle seat adjustment.
13. The vehicular driver monitoring system of claim 1, wherein the interior rearview mirror assembly comprises a mirror head that is adjustable relative to a mounting portion via at least one pivot joint, and wherein the mounting portion is attached at an interior portion of the vehicle.
14. The vehicular driver monitoring system of claim 13, wherein the camera is disposed at the mounting portion of the interior rearview mirror assembly.
15. The vehicular driver monitoring system of claim 13, wherein the camera is disposed at the mirror head and moves in tandem with the mirror head when the mirror head is adjusted relative to the mounting portion to set a rearward view of the driver of the vehicle.
16. The vehicular driver monitoring system of claim 15, wherein the vehicular driver monitoring system, responsive to receiving an indication that is indicative of adjustment of the mirror head relative to the mounting portion, adjusts the camera.
17. The vehicular driver monitoring system of claim 15, wherein the ECU is disposed in the mirror head.
18. The vehicular driver monitoring system of claim 1, comprising at least one actuator that is operable to adjust the camera.
19. The vehicular driver monitoring system of claim 18, wherein the at least one actuator comprises a plurality of actuators.
20. The vehicular driver monitoring system of claim 19, wherein the plurality of actuators adjust the camera by adjusting the position of the imaging array sensor or the lens along three independent axes.
21. The vehicular driver monitoring system of claim 18, wherein the at least one actuator is operable to adjust a beam direction of one or more illumination sources toward the driver.
22. The vehicular driver monitoring system of claim 18, wherein, responsive to processing at the ECU of image data captured by the camera, a beam direction of one or more illumination sources is adjusted to illuminate the monitored body portion of the driver of the vehicle.
23. A vehicular driver monitoring system, the vehicular driver monitoring system comprising:
a camera disposed at an interior rearview mirror assembly of a vehicle equipped with the vehicular driver monitoring system, the camera viewing interior of the vehicle and capturing image data;
an electronic control unit (ECU) comprising electronic circuitry and associated software;
wherein the electronic circuitry of the ECU comprises an image processor for processing image data captured by the camera;
wherein the camera comprises an imaging array sensor and a lens;
wherein the camera comprises an actuator;
wherein the actuator adjusts the camera by at least one selected from the group consisting of (i) adjusting a position of the imaging array sensor relative to the lens and (ii) adjusting a position of the lens relative to the imaging array sensor;
wherein the actuator adjusts the camera by shifting an optical axis of the lens relative to the imaging array sensor so that a center axis of the lens is not at a center region of the imaging array sensor;
wherein the vehicular driver monitoring system, responsive to processing at the ECU of image data captured by the camera, monitors a body portion of a driver of the vehicle; and
wherein the vehicular driver monitoring system, responsive to determining a change in a position of the body portion of the driver relative to a field of view of the camera, adjusts the camera to adjust the position of where the monitored body portion of the driver is imaged at the imaging array sensor.
24. The vehicular driver monitoring system of claim 23 wherein the camera is adjusted to increase resolution of an area of interest of the driver of the vehicle.
25. The vehicular driver monitoring system of claim 24, wherein the area of interest comprises the eyes of the driver.
26. The vehicular driver monitoring system of claim 24, wherein the area of interest comprises the hands of the driver.
27. A vehicular driver monitoring system, the vehicular driver monitoring system comprising:
a camera disposed at a mirror head of an interior rearview mirror assembly of a vehicle equipped with the vehicular driver monitoring system, the camera viewing interior of the vehicle and capturing image data;
wherein the mirror head comprises a mirror reflective element;
wherein the mirror head is adjustable relative to a mounting portion attached at an interior portion of the vehicle;
wherein the camera moves in tandem with the mirror head when the mirror head is adjusted relative to the mounting portion to set a rearward view of a driver of the vehicle;
an electronic control unit (ECU) comprising electronic circuitry and associated software;
wherein the electronic circuitry of the ECU comprises an image processor for processing image data captured by the camera;
wherein the camera comprises an imaging array sensor and a lens;
wherein the camera is adjustable by at least one selected from the group consisting of (i) adjusting a position of the imaging array sensor relative to the lens and (ii) adjusting a position of the lens relative to the imaging array sensor;
wherein the vehicular driver monitoring system, responsive to processing at the ECU of image data captured by the camera, monitors the eyes of the driver of the vehicle;
wherein the vehicular driver monitoring system adjusts the camera to adjust the position of where the monitored eyes of the driver are imaged at the imaging array sensor;
wherein the vehicular driver monitoring system, responsive to receiving an indication that is indicative of adjustment of the mirror head relative to the mounting portion, adjusts the camera to accommodate the adjustment of the mirror head; and
wherein the camera is adjusted to increase resolution of imaging of the eyes of the driver of the vehicle, and wherein the camera is adjusted by shifting an optical axis of the lens relative to the imaging array sensor.
28. The vehicular driver monitoring system of claim 27, wherein the ECU is disposed in the mirror head.
29. The vehicular driver monitoring system of claim 27, wherein the camera is adjusted by shifting the optical axis of the lens relative to the imaging array sensor so that a center axis of the lens is not at a center region of the imaging array sensor.
30. The vehicular driver monitoring system of claim 27, wherein the vehicular driver monitoring system, via processing at the ECU of image data captured by the camera, determines driver attentiveness.
Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance:
Parameswaran et al. US Pub. No.: 2022/0057269 A1 discloses a vehicular vision system includes an electronic control unit (ECU) disposed at an interior rearview mirror assembly of a vehicle equipped with the vehicular vision system that includes electronic circuitry and associated software, a driver monitoring camera disposed at the interior rearview mirror assembly and having a field of view of a driver region in a cabin of the vehicle, and an occupant monitoring camera disposed at the interior rearview mirror assembly and having a field of view of an occupant region in the cabin of the vehicle. The electronic circuitry of the ECU includes an image processor operable to process image data captured by the driver monitoring camera and the occupant monitoring camera. The ECU, via processing at the ECU of image data captured by the driver monitoring camera, determines attentiveness of a driver of the vehicle.
Breed et al. US 7,887,089 B2 discloses arrangement and method for controlling an occupant protection system in a vehicle which protects an occupant of a vehicular compartment during a crash involving the vehicle includes a first sensor system for obtaining information about the occupant, a second sensor system for determining a position of the occupant or a part thereof which enables a determination of the position of the occupant relative to the occupant protection system, and a processor coupled to the first and second sensor systems for controlling deployment of the occupant protection system based on the information about the occupant obtained by the first sensor system and the position of the occupant determined by the second sensor system. The first sensor system may include one or more optical imaging devices which obtain images of an area of the compartment occupied by the occupant, the information about the occupant being obtained by analysis of the images.
Kasarla et al . US 2021/0291739 A1 discloses a vehicular vision system includes an electronic control unit (ECU) disposed at an interior rearview mirror assembly of a vehicle equipped with the vehicular vision system that includes electronic circuitry and associated software, a driver monitoring camera disposed at the interior rearview mirror assembly and having a field of view of a driver region in a cabin of the vehicle, and an occupant monitoring camera disposed at the interior rearview mirror assembly and having a field of view of an occupant region in the cabin of the vehicle. The electronic circuitry of the ECU includes an image processor operable to process image data captured by the driver monitoring camera and the occupant monitoring camera. The ECU, via processing at the ECU of image data captured by the driver monitoring camera, determines attentiveness of a driver of the vehicle.
However, none of the cited prior arts discloses “a camera disposed at an interior rearview mirror assembly of a vehicle equipped with the vehicular driver monitoring system, the camera viewing interior of the vehicle and capturing image data; wherein the interior rearview mirror assembly comprises a mirror head that is adjustable relative to a mounting portion via at least one pivot joint, and wherein the mounting portion is attached at an interior portion of the vehicle; wherein the camera is disposed at the mirror head and moves in tandem with the mirror head when the mirror head is adjusted relative to the mounting portion; an electronic control unit (ECU) comprising electronic circuitry and associated software; wherein the electronic circuitry of the ECU comprises an image processor for processing image data captured by the camera; wherein the camera comprises an imaging array sensor and a lens; wherein the imaging array sensor comprises at least one million photosensor elements arranged in rows and columns; wherein the vehicular driver monitoring system, responsive to processing at the ECU of image data captured by the camera, monitors a body portion of a driver of the vehicle; and wherein the vehicular driver monitoring system determines that a scene viewed by the camera has changed at least in part via processing of image data captured by the camera.”
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20200242421 A1 MULTI-SENSOR DATA FUSION FOR AUTOMOTIVE SYSTEMS
US 20200141807 A1 EXTENSIBLE ARCHITECTURE FOR SURVEILLANCE AND TARGETNG IMAGING SYSTEMS AND METHODS
US 10374109 B2 Silicon-based visible and near-infrared optoelectric devices
US 20190141236 A1 INSPECTION WORKFLOW USING OJBECT RECOGNITION AND OTHER TECHNIQUES
US 20190101644 A1 MULTIFUNCTION VEHICLE DETECTION SYSTEM
US 10152811 B2 Edge enhancement for thermal-visible combined images and cameras
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/FRANK F HUANG/Primary Examiner, Art Unit 2485