DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The instant application having application No. 19/089,162 for SATO for “DRIVING SUPPORT DEVICE” filed March 25, 2025 has been examined.
Drawings
Drawings Figures 1-6 submitted on March 25, 2025 are in compliance with the provisions of 37 CFR 1.121(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 25, 2025 is being considered by the examiner.
Claim Rejections - 35 USC § 102/103
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 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.
Claim Rejections - 35 USC § 102
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 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the Prior Art of KOKUBO et al. (U.S. Publication No. 2021/0061290 A1) hereinafter “Kokubo”.
As to claim 1, Kokubo discloses a driving support device (onboard devices 10, 30, 70, 110, 120 and 140 [i.e. driving support device], shown in Figures 1, 6-10, 12 and described in Paragraphs 0029, 0063, 0077, 0089, 0096 and 0106) for a vehicle (described in Abstract and Paragraphs 0029, 0059, 0091 and 0099), the driving support device (described in Paragraphs 0029, 0063, 0077, 0089, 0096 and 0106) comprising: one or more processors storing a program configured to be executed by the one or more processors (a central processing unit (CPU) 201 [i.e. one or more processors], shown in Figure 12 and described in Paragraphs 0117-0118 and 0123); d and a memory (a read only memory (ROM) 202, and a random access memory (RAM) 203, a storage unit 208 [i.e. a memory], shown in Figure 12 and described in Paragraphs 0117-0119, 0122 and 0124), wherein the program comprises one or more commands (onboard device 10 and the like are implemented when the CPU 201 loads a program that is stored in the storage unit 208 onto the RAM 203 via the input and output interface 205 and the bus 204 and then executes the loaded program, described in Paragraphs 0116 and 0122-0129, meet the claimed limitations [i.e. a memory storing a program configured to be executed by the one or more processors, wherein the program comprises one or more commands]), and wherein the commands are configured to cause the one or more processors to execute a process of acquiring driver information related to a driver who drives the vehicle (collect a voice (utterance) produced by a driver (user), and estimate a driving state of the driver, described in Paragraphs 0029-0030 and 0113, meet the claimed limitations [i.e. wherein the commands are configured to cause the one or more processors to execute a process of acquiring driver information related to a driver who drives the vehicle]), a process of determining a psychological state of the driver using the driver information (determining the psychological state of a driver, described in Paragraphs 0005, 0007, 0009, 0026 and 0059, meet the claimed limitations [i.e. a process of determining a psychological state of the driver using the driver information]), a process of estimating a trouble using the psychological state (state of a driver can be estimated based on an utterance of the driver without the use of sensors that detect the driver's operations, frequency of blinking, and heart rate, for example, described in Paragraphs 0006, 0059 and 0074, meet the claimed limitations [i.e. a process of estimating a trouble using the psychological state]), and a voice output process of causing a voice corresponding to the psychological state to be output based on that the trouble has been estimated (voice collection unit 11 of the onboard device 30 adds collected time of a voice to a feature vector of the voice and outputs the result to the communication unit 31 in the estimation model generation processing, and outputs the feature vector of the voice to the estimation unit 16 in the traveling state estimation processing, described in Paragraph 0067 and learning unit 14 of the server device 50 generates the estimation model 15 by performing supervised learning through the use of the voice, described in Paragraph 0072, meet the claimed limitations [i.e. a voice output process of causing a voice corresponding to the psychological state to be output based on that the trouble has been estimated], See also Paragraph 0090 and 0097-0098).
As to claim 2, the disclosure of Kokubo as set forth above in claim 1, further Kokubo discloses wherein the commands are configured to cause the one or more processors to execute a process of acquiring vehicle information of the vehicle (generates a response according to a traveling state of a vehicle that may be influenced by the psychological state of the driver and contents of an utterance, described in Paragraphs 0099-0100, meet the claimed limitations [i.e. wherein the commands are configured to cause the one or more processors to execute a process of acquiring vehicle information of the vehicle], See also Paragraphs 0091), and wherein the commands are configured to cause the one or more processors to execute, as the voice output process, a process of causing a voice corresponding to the vehicle information to be output in response to that the trouble has been estimated (outputs the voice signal of the collected voice to the voice recognition unit 121, in the traveling state estimation processing, described in Paragraph 0097, meet the claimed limitations [i.e. wherein the commands are configured to cause the one or more processors to execute, as the voice output process, a process of causing a voice corresponding to the vehicle information to be output in response to that the trouble has been estimated], See also Paragraphs 0099-0101).
As to claim 3, the disclosure of Kokubo as set forth above in claim 1, further Kokubo discloses wherein the commands are configured to cause the one or more processors to execute, as the voice output process, a process of causing a voice corresponding to the estimated trouble to be output based on that the trouble has been estimated (an awakening level is low or attention is distracted, and thus a message for prompting calling attention, such as “Focus on driving.”, or a message for suggesting having a rest, such as “It's about time to have a rest.”, is output to the driver through a speaker in a voice format [i.e. wherein the commands are configured to cause the one or more processors to execute, as the voice output process, a process of causing a voice corresponding to the estimated trouble to be output based on that the trouble has been estimated], See also Paragraph 00911).
As to claim 4, the disclosure of Kokubo as set forth above in claim 2, further Kokubo discloses wherein the commands are configured to cause the one or more processors to execute, as the voice output process, a process of causing a voice corresponding to the estimated trouble to be output based on that the trouble has been estimated (an awakening level is low or attention is distracted, and thus a message for prompting calling attention, such as “Focus on driving.”, or a message for suggesting having a rest, such as “It's about time to have a rest.”, is output to the driver through a speaker in a voice format [i.e. wherein the commands are configured to cause the one or more processors to execute, as the voice output process, a process of causing a voice corresponding to the estimated trouble to be output based on that the trouble has been estimated], See also Paragraph 00911).
As to claim 5, the disclosure of Kokubo as set forth above in claim 1, further Kokubo discloses wherein the voice comprises a psychological support announcement to the driver and an operation support announcement that instructs a driving operation of the vehicle (a message for prompting calling attention, such as “Focus on driving.”, or a message for suggesting having a rest, such as “It's about time to have a rest.”, is output to the driver through a speaker in a voice format [i.e. wherein the commands are configured to cause the one or more processors to execute, as the voice output process, a process of causing a voice corresponding to the estimated trouble to be output based on that the trouble has been estimated], See also Paragraph 00911).
As to claim 6, the disclosure of Kokubo as set forth above in claim 2, further Kokubo discloses wherein the voice comprises a psychological support announcement to the driver and an operation support announcement that instructs a driving operation of the vehicle (a message for prompting calling attention, such as “Focus on driving.”, or a message for suggesting having a rest, such as “It's about time to have a rest.”, is output to the driver through a speaker in a voice format [i.e. wherein the commands are configured to cause the one or more processors to execute, as the voice output process, a process of causing a voice corresponding to the estimated trouble to be output based on that the trouble has been estimated], See also Paragraph 00911).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102 of this title, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating
obviousness or nonobviousness.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over by the Prior Art of KOKUBO et al. (U.S. Publication No. 2021/0061290 A1) hereinafter “Kokubo” in view of the Prior Art of KAMEYAMA et al. (U.S. Publication No. 2007/0192038 A1) hereinafter “Kameyama”.
As to claim 7, the disclosure of Kokubo as set forth above in claim 1, further Kokubo discloses wherein the driver information comprises information on a voice uttered by the driver (collect a voice (utterance) produced by a driver (user), described in Paragraph 0029).
But Kokubo does not expressly disclose a driver information comprises information on a facial expression of the driver.
Kameyama discloses a device, comprising: an information including a driver facial expression of the driver (biological condition detecting portion may acquire a temporal change of at least one of a facial expression [i.e. facial expression] and a line-of-sight of the user as the temporal change of the biological condition parameter. The user's physical condition or mental condition is significantly reflected on these two parameters, described in Paragraphs 0019-0021, meet the claimed limitations, [i.e. an information including a driver facial expression of the driver]).
Thus, given the device of Kokubo and having the teaching of Kameyama disclosing a driver facial expression information that is also well-known and conventional in the art, it would have been obvious to one of ordinary skill in the art at the time of effective filing date of the claimed invention to modify the device of Kokubo by incorporating the teaching of Kameyama such that the device of Kokubo to provide wherein the driver information comprises information on a facial expression of the driver and information on a voice uttered by the driver, for the obvious advantage of enhancing vehicle operating stated by Kameyama (Paragraphs 0007-0010).
As to claim 8, the disclosure of Kokubo as set forth above in claim 2, further Kokubo discloses wherein the driver information comprises information on a voice uttered by the driver (collect a voice (utterance) produced by a driver (user), described in Paragraph 0029).
But Kokubo does not expressly disclose a driver information comprises information on a facial expression of the driver.
Kameyama discloses a device, comprising: an information including a driver facial expression of the driver (biological condition detecting portion may acquire a temporal change of at least one of a facial expression [i.e. facial expression] and a line-of-sight of the user as the temporal change of the biological condition parameter. The user's physical condition or mental condition is significantly reflected on these two parameters, described in Paragraphs 0019-0021, meet the claimed limitations, [i.e. an information including a driver facial expression of the driver]).
Thus, given the device of Kokubo and having the teaching of Kameyama disclosing a driver facial expression information that is also well-known and conventional in the art, it would have been obvious to one of ordinary skill in the art at the time of effective filing date of the claimed invention to modify the device of Kokubo by incorporating the teaching of Kameyama such that the device of Kokubo to provide wherein the driver information comprises information on a facial expression of the driver and information on a voice uttered by the driver, for the obvious advantage of enhancing vehicle operating stated by Kameyama (Paragraphs 0007-0010).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following cited arts are further to show the state of related art.
U.S. Publication No. 2021/0269045 A1 KATZ et al, discloses systems and methods are disclosed for contextual driver monitoring. In one implementation, one or more first inputs are received and processed to determine a state of a driver present within a vehicle. One or more second inputs are receiving and processed to determine navigation condition(s) associated with the vehicle, the navigation condition(s) including a temporal road condition received from a cloud resource or a behavior of the driver. Based on the navigation condition(s), a driver attentiveness threshold is computed. One or more actions are initiated in correlation with the state of the driver and the driver attentiveness threshold.
U.S. Publication No. 2025/0114022 A1 FUJIMOTO et al, discloses a plurality of questions for acquiring a plurality of pieces of driver information related to life of a driver of a moving object are output, the plurality of pieces of driver information are acquired on the basis of answers of the driver to the plurality of respective questions, a driver state related to at least one of a psychological state and a physical state of the driver is classified on the basis of the plurality of pieces of driver information, assistance information including advice regarding driving is generated on the basis of a classification result of the driver state, and the assistance information is output.
U.S. Publication No. 2020/0216078 A1 KATZ et al, discloses systems and methods are disclosed for contextual driver monitoring. In one implementation, one or more first inputs are received. The one or more first inputs are processed to identify a first object in relation to a vehicle. One or more second inputs are received. The one or more second inputs are processed to determine a state of attentiveness of a driver of the vehicle with respect to the first object based on (a) a direction of the gaze of the driver in relation to the first object and (b) one or more conditions under which the first object is perceived by the driver. One or more actions are initiated based on the state of attentiveness of a driver.
U.S. Publication No. 20060235753 A1 WANG et al, discloses a series of motions where a user approaches, gets in, drives or stays in, and gets off a vehicle is divided into a plurality of scenes. In each scene, a hospitality operation is executed for assisting use of the vehicle by the user or for entertaining the user. Information about disturbances on the user is obtained in each specified scene. In accordance with the scene, user biological characteristic information, and the information about disturbances, a hospitality operation device to be used and a hospitality operation by the hospitality operation device are determined.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SISAY YACOB whose telephone number is (571)272-8562. The examiner can normally be reached Monday - Friday 10:30-07:00 ET.
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/SISAY YACOB/ May 29, 2026 Primary Examiner, Art Unit 2686
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