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 .
Inventorship
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 Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because
the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s) obtaining driving awareness data indicative of a degree of driving awareness of the driver during the assisted drive of the vehicle (observation); providing first driver request data for requesting a first driver response from the driver after obtaining the driving awareness data, the first driver response being configured to increase the degree of driving awareness of the driver (evaluation/judgement); providing drive response data if the first driver response is not received within a first response time, the drive response data being configured to autonomously alter at least one drive parameter of the assisted drive of the vehicle; and providing second driver request data (evaluation/judgement) for requesting a second driver response from the driver after providing a drive response, the second driver response being configured to increase the degree of driving awareness of the driver. This judicial exception is not integrated into a practical application because there is no transformation. The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the claimed limitations perform abstract idea of observation/evaluation/judgement processes without sensor/camera/controller for receiving and providing the data, no transformation no controlling of the vehicle/steering/braking based on the data received.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim 11,738,683 teaches a driver assist device.
Kimura 11,577,744 teaches a vehicle system includes a warning device.
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/HAI H HUYNH/ Primary Examiner, Art Unit 3747
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