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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “20” representing the vibration seat described on page 25. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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, 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.
Claims 1-5, 8-15, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hong (US 20220203891) in view of Zhao et al. (US 20260053407).
In regards to claim 1, Hong teaches a vehicle including: (Figs 1A-5, 7.)
at least one processor; ([0030] processor performs operations.) and
a memory configured to store at least one program executed by the at least one processor, ([0030] memory stores operations to be performed by processor.)
wherein the at least one processor is configured to execute the at least one program to: ([0030] processor performs instructions stored on memory.)
determine a driving mode of the vehicle using vehicle traveling information of a sensor unit; ([0082], [0083], [0109], [0112] vehicle speed, vehicle drive system speed, and vehicle acceleration all are determined by sensors of sensor unit, which may be used as input to determine vibration amount. This determines driving modes of at least no speed, no acceleration, some speed, and some acceleration using traveling information of a sensor unit.)
control a vibration signal of a vibrator provided on a seat of the vehicle using the driving mode. ([0082], [0083], [0109], [0112] vehicle speed, vehicle drive system speed, and vehicle acceleration all are determined by sensors of sensor unit, which may be used as input to determine vibration amount. [0051] vibration actuators which produce vibration are installed in seat of vehicle.)
Hong does not teach:
analyze a heart rate variability of an occupant using biometric information about the occupant collected from a biometric information collection unit; and
control a vibration signal of a vibrator provided on a seat of the vehicle using the driving mode and the heart rate variability.
However, Zhao teaches using heart rate data and other biometric data to determine the state of a driver and adjust at least the vibration of the seat of the driver, where the heart rate data includes heart rate variability data ([0100]-[0102], [0148], [0288]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control system of Hong, by incorporating the teachings of Zhao, such that heart rate variability is measured, along with other biometric information, about the driver and used to determine the state of the driver and further actuate the vibration actuators of the vehicle seats of Hong.
The motivation to do so is that, as acknowledged by Zhao, this improves safety of the vehicle and driver ([0003], [0089]).
In regards to claim 2, Hong, as modified by Zhao, teaches the vehicle of claim 1, wherein the at least one processor determines the driving mode of the vehicle using speed information and acceleration information included in the vehicle traveling information. ([0082], [0083], [0109], [0112] vehicle speed, vehicle drive system speed, and vehicle acceleration all are determined by sensors of sensor unit, which may be used as input to determine vibration amount. This determines driving modes of at least no speed, no acceleration, some speed, and some acceleration using speed information and acceleration information.)
In regards to claim 3, Hong, as modified by Zhao, teaches the vehicle of claim 2.
Hong teaches vehicle speed, vehicle drive system speed, and vehicle acceleration all are determined by sensors of sensor unit, which may be used as input to determine vibration amount and vibration actuators which produce vibration are installed in seat of vehicle, such that vibration amount is linearly proportional to speed and acceleration (Fig 4, [0051], [0082], [0083], [0109], [0112]).
Zhao teaches using heart rate data and other biometric data to determine the state of a driver and adjust at least the vibration of the seat of the driver, where the heart rate data includes heart rate variability data ([0100]-[0102], [0148], [0288]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control system of Hong, as already modified by Zhao, by further incorporating the teachings of Zhao, such that vibration operation, including its characteristics, are determined based at least in part upon the driving mode compose of speed and acceleration, and at least in part based upon the state of the driver taken from heart rate variability and other biometric data.
The motivation to do so is the same as acknowledged by Zhao in regards to claim 1.
In regards to claim 4, Hong, as modified by Zhao, teaches the vehicle of claim 3, wherein the at least one processor determines a vibration frequency, a vibration magnitude, and a vibration time of the vibrator depending on the driving mode and the heart rate variability. ([0051], [0059], [0082], [0083], [0109], [0112] vibration generation time, frequency, and amplitude are generated and adjusted, which are determined depending on driving mode, composed of speed and acceleration information, and heart rate variability as modified from Zhao above.)
In regards to claim 5, Zhao teaches determining demographic data of the driver including weight, and using this information to further classify the state of the driver by determining baseline characteristics ([0056], [0285]) which is then used to vibrate the seat based on the driver’s classification and heart rate variability data ([0100]-[0102], [0148], [0288]). This at least adjusts the timing at which vibration is performed, which is a vibration characteristic.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control system of Hong, as already modified by Zhao, by further incorporating the teachings of Zhao, such that demographic data of the driver is determined, including weight, used to determined baseline characteristics, including baseline biometric data, which then adjusts at least vibration characteristics of timing by causing the vibration of the seat to occur a based upon different heart rate variability states.
The motivation to do so is the same as acknowledged by Zhao in regards to claim 1.
In regards to claim 8, Hong, as modified by Zhao, teaches the vehicle of claim 1, wherein the at least one processor independently controls vibration characteristics of a plurality of vibrators provided on the seat of the vehicle. ([0058] vibration actuators may be differently controlled such that each individual vibration actuator within the seat operated independently.)
In regards to claim 9, Hong, as modified by Zhao, teaches the vehicle of claim 1.
Zhao teaches categorizing vehicle status as normal driving state and not normal driving state through acceleration, which incorporates at least a first normal acceleration driving mode and a second abnormal acceleration driving mode, as well as high speed, medium speed, low speed, parking, and idling modes, which are based on sensed acceleration and speed information ([0103], [0104]). An idling mode is a mode in which the vehicle is stopped.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control system of Hong, as already modified by Zhao, by further incorporating the teachings of Zhao, such that the driving mode is further determined as a normal mode with normal acceleration, an abnormal mode with abnormal acceleration, a high speed mode, a medium speed mode, a low speed mode, a parking mode, or an idling mode.
The motivation to do so is the same as acknowledged by Zhao in regards to claim 1.
In regards to claim 10, Hong, as modified by Zhao, teaches the vehicle of claim 1, wherein the at least one processor controls the vibration signal of the vibrator according to object recognition information of the sensor unit. ([0041], [0135] vibration may be actuated based upon determined possibility of collision with detected obstacle, for example, by selectively operating individual vibration actuators to indicate a direction of the obstacle.)
In regards to claim 11, Hong teaches a method performed by a computing device including at least one processor and a memory storing at least one program executed by the at least one processor, the method comprising: (Fig 6, [0030] processor performs instructions stored on memory.)
determining, by the at least one processor, a driving mode of a vehicle using vehicle traveling information of a sensor unit; ([0030] processor performs operations. ([0082], [0083], [0109], [0112] vehicle speed, vehicle drive system speed, and vehicle acceleration all are determined by sensors of sensor unit, which may be used as input to determine vibration amount. This determines driving modes of at least no speed, no acceleration, some speed, and some acceleration using traveling information of a sensor unit.)
controlling, by the at least one processor, a vibration signal of a vibrator provided on a seat of the vehicle using the driving mode. ([0030] processor performs operations. [0082], [0083], [0109], [0112] vehicle speed, vehicle drive system speed, and vehicle acceleration all are determined by sensors of sensor unit, which may be used as input to determine vibration amount. [0051] vibration actuators which produce vibration are installed in seat of vehicle.)
Hong does not teach:
analyzing, by the at least one processor, a heart rate variability of an occupant using biometric information about the occupant collected from a biometric information collection unit; and
controlling, by the at least one processor, a vibration signal of a vibrator provided on a seat of the vehicle using the driving mode and the heart rate variability.
However, Zhao teaches using heart rate data and other biometric data to determine the state of a driver and adjust at least the vibration of the seat of the driver, where the heart rate data includes heart rate variability data ([0100]-[0102], [0148], [0288]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control method of Hong, by incorporating the teachings of Zhao, such that heart rate variability is measured, along with other biometric information, about the driver and used to determine the state of the driver and further actuate the vibration actuators of the vehicle seats of Hong.
The motivation to do so is that, as acknowledged by Zhao, this improves safety of the vehicle and driver ([0003], [0089]).
In regards to claim 12, Hong, as modified by Zhao, teaches the method of claim 11.
Claim 12 recites a method having substantially the same features of claim 2 above, therefore claim 12 is rejected for the same reasons as claim 2.
In regards to claim 13, Hong, as modified by Zhao, teaches the method of claim 12.
Claim 13 recites a method having substantially the same features of claim 3 above, therefore claim 13 is rejected for the same reasons as claim 3.
In regards to claim 14, Hong, as modified by Zhao, teaches the method of claim 13.
Claim 14 recites a method having substantially the same features of claim 4 above, therefore claim 14 is rejected for the same reasons as claim 4.
In regards to claim 15, Hong, as modified by Zhao, teaches the method of claim 13.
Claim 15 recites a method having substantially the same features of claim 5 above, therefore claim 15 is rejected for the same reasons as claim 5.
In regards to claim 18, Hong, as modified by Zhao, teaches the method of claim 11.
Claim 18 recites a method having substantially the same features of claim 8 above, therefore claim 18 is rejected for the same reasons as claim 8.
In regards to claim 19, Hong, as modified by Zhao, teaches the method of claim 11.
Claim 19 recites a method having substantially the same features of claim 9 above, therefore claim 19 is rejected for the same reasons as claim 9.
In regards to claim 20, Hong, as modified by Zhao, teaches the method of claim 11.
Claim 20 recites a method having substantially the same features of claim 10 above, therefore claim 20 is rejected for the same reasons as claim 10.
Claims 6, 7, 16, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hong in view of Zhao, in further view of Zohar (US 20160354026).
In regards to claim 6, Hong, as modified by Zhao, teaches the vehicle of claim 3.
Hong, as modified by Zhao, does not teach:
wherein the at least one processor adjusts the vibration characteristic based on a content signal transmitted to the occupant.
However Zohar teaches displaying information to a user on a user’s parent device to set a comfortable level of vibration to calibrate to an optimum level of vibration for a vehicle seat vibration alert ([0037]). This adjusts the level of vibration for the seat of the vehicle based on a content signal transmitted to the occupant.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control system of Hong, as already modified by Zhao, by further incorporating the teachings of Zohar, such that the driver of the vehicle receives information by transmission allowing them to set an optimum level of vibration for their seat, which adjusts the vibration characteristic based on the transmitted signal.
The motivation to do so is that, as acknowledged by Zohar, this allows for better alerting of the driver ([0004], [0006]).
In regards to claim 7, Zohar teaches displaying information to a user on a user’s parent device to set a comfortable level of vibration to calibrate to an optimum level of vibration for a vehicle seat vibration alert by setting a highest level of vibration acceptable. Vibration levels are, for example, set between 1 and 10 ([0037]). This sets an output range of vibration characteristic between a minimum vibration level 1 to a maximum vibration level selected.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the vehicle control system of Hong, as already modified by Zhao and Zohar, by further incorporating the teachings of Zohar, such that an output range of vibration characteristic is set based on the user selected maximum vibration for their seat.
The motivation to do so is the same as acknowledged by Zohar in regards to claim 6.
In regards to claim 16, Hong, as modified by Zhao, teaches the method of claim 13.
Claim 16 recites a method having substantially the same features of claim 6 above, therefore claim 16 is rejected for the same reasons as claim 6.
In regards to claim 17, Hong, as modified by Zhao and Zohar, teaches the method of claim 16.
Claim 17 recites a method having substantially the same features of claim 7 above, therefore claim 17 is rejected for the same reasons as claim 7.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hiratsuka et al. (US 20260077726) teaches notifying a driver that a vehicle is switching modes by vibrating a seat of the driver.
Kim et al. (US 20180137266) teaches adjusting vehicle seat vibration based on an occupant’s heart rate.
Gomi et al. (US 20240208295) teaches adjusting vehicle seat vibration based on heart rate variation of an occupant.
Lee et al. (US 20200216093) teaches adjusting vibration of a seat of a vehicle based on bio-signals of the seat’s occupant including heart rate variability.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHIAS S WEISFELD whose telephone number is (571)272-7258. The examiner can normally be reached Monday-Thursday 7:00 AM - 4:00 PM.
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/MATTHIAS S WEISFELD/Examiner, Art Unit 3661
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