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 .
DETAILED ACTION
RESPONSE TO AMENDMENT
Acknowledgment is made of the amendment filed 10/05/2026, in which:claims 1, 10, 12-13 are amended; and the rejections of the claims are traversed. Claims 1-20 are currently pending and an Office Action on the merits follows.
INFORMATION DISCLOSURE STATEMENT
The information disclosure statement filed 07/17/2026, has been acknowledged and considered by the examiner. An initialed copy of the PTO-1449 is included in this correspondence.
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.
1. Claims 1-3, 7-10, 12-15 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Park US 20210334562 in view of Gronau US 20220114817 and further in view of Yamamoto US 20190184933.
Consider claim 1. Park discloses a method for controlling vehicles based on gesture recognition fig. 5 fig. 9 see driver in vehicle controlling display with gesture, wherein the method comprises:
obtaining an in-cockpit image of a vehicle [0137] The camera 460 may capture the inside of the vehicle 700 and user in-position information indicating positions of M users in the vehicle presented in the in-cockpit image [0147] the processor 470 may detect the position of a passenger from an image acquired by the camera 460 (S510). The processor 470 may detect a passenger sitting in the driver's seat. also see fig. 14 where multiple passengers are detected from image from camera 460.
for each of N target users performing a gesture operation fig. 14 see passenger in seas S3 S4 S5, recognizing a gesture operation intention of the target user based on the user position in the image [0163] the same device may be positioned in front of the first and second passengers adjacent to each other, and this same device may correspond to both the position of the first passenger and the position of the second passenger [0165-0166] wherein the M users comprise the N target users and controlling the vehicle based on gesture operation intentions of the N target users [0163-0164]Processor 470 may determine which passenger has first accessed the position corresponding to the device (S1020). The processor 470 may determine which of the first and second passengers has been first matched with the device fig. 11 S1130-S1150, wherein both M and N are positive integers, and M is greater than or equal to N see fig. 14 there are M=4 and N=4.
Park does not explicitly disclose constructing a user grid based on the in-cockpit image and the user in-position information, wherein the user grid comprises depth data of the M users and recognizing an output based on the user grid.
Gronau however discloses constructing a user grid based on the in-cockpit image and the user in-position information, wherein the user grid comprises depth data of the M users [0061][0072] [0241] [0265-0266] determine passenger features based on 3D images of Cabin. 2D and 3D images of interior of Cabin used to generate one more depth maps of occupants in vehicle. [0267] obtain reflect light pattern images to yield depth data for each image. the present invention may include obtaining 3D images and/or extracting depth data by any type of 3D systems, devices and methods, such as stereoscopic cameras and/or ToF sensors and/or RF sensors as known in the art and recognizing an output based on the user grid. [0132] [0206-0207] monitoring system detects presence of objects (e.g. occupants) such as driver or passenger and optionally determine the type of object and or the location of the object and orientation of the object. Based on the detected occupancy state, it can generate outputs to control vehicle systems such as alarms, airbags, HVAC, infotainment, or driver monitoring functions [0036]-[0037], [00136]-[00138].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicular gesture control system Park to include constructing a user grid based on the in-cockpit image and the user in-position information, wherein the user grid comprises depth data of the M users and recognizing an output based on the user grid., as taught by Gronau, to provide improved accuracy and real time occupancy detection in vehicle interiors [0011].
Park as modified by Gronau disclose a weight sensor Park [0076] but do not disclose including: collecting the user in-position information by using a gravity sensor, wherein whether there is a user on a seat is determined by using the gravity sensor carried on each seat position.
Yamamoto however discloses including: collecting the user in-position information by using a gravity sensor, wherein whether there is a user on a seat is determined by using the gravity sensor carried on each seat position [0026] fig. 8 The occupancy sensor 800 may be a weight sensor, a pressure sensor, or any other suitable sensor known to those skilled in the art for determining the presence of a passenger in the seat 114. While illustrated with respect to second seat 114, each seat 106, 108, 112, 114, 116 may include an occupancy sensor 800.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicular gesture control system Park as modified by Gronau to include including: collecting the user in-position information by using a gravity sensor, wherein whether there is a user on a seat is determined by using the gravity sensor carried on each seat position as taught by Yamamoto, to determine if a passenger is in the seat [0026] and to accurately display seatbelt information based on the occupied seats [0027].
Consider claim 2. Park as modified by Gronau and Yamamoto disclose the method according to claim 1, wherein constructing the user grid based on the in-cockpit image and the user in-position information comprises:
recognizing the in-cockpit image to obtain feature data of body parts of the M users , wherein the feature data comprises region data and key point data, the region data represents a region of the body parts in the in-cockpit image, and the key point data represents poses of the body parts Park [0133][0137][0139] camera images interior of the vehicle and determines of passengers are present and their location. Gronau [0033] monitoring system is further configured to detect one or more of said at least one occupant face; motion; pose. [0106] identify and determine that the identified object is an occupant, the shape and/or pose and/or position of the occupant; and constructing the user grid based on the feature data and the user in-position information Gronau [0033][0106] monitoring system is further configured to detect one or more of said at least one occupant face; motion; pose.
Motivation to combine is similar to motivation in claim 1.
Consider claim 3. Park as modified by Gronau and Yamamoto disclose the method according to claim 1, wherein constructing the user grid based on the in-cockpit image and the user in-position information comprises:
constructing the user grid based on the in-cockpit image, the user in-position information, and a cockpit physical parameter indicating a position of an in-cockpit object of the vehicle in a cockpit coordinate system Park [0133][0137][0139] camera images interior of the vehicle and determines of passengers are present and their location. Gronau [0033] monitoring system is further configured to detect one or more of said at least one occupant face; motion; pose. Gronau [0106] identify and determine that the identified object is an occupant, the shape and/or pose and/or position of the occupant [0226. Gronau [0266] Specifically, each of skeleton models includes data such as 3D key points (x,y,z) representation of the occupants in respect to a X-Y-Z coordinate system. [0244] the distance measurement in the image coordinates may be compared to a distance measurement of one or more known and/or identified objects in the vehicle cabin such as the passenger's seat.
Motivation to combine is similar to motivation in claim 1.
Consider claim 7. Park as modified by Gronau and Yamamoto disclose the method according to claim 1, wherein the controlling the vehicle based on the gesture operation intentions of the N target users comprises: for each of the N target users, determining, based on key point data of the target user in the user grid Park [0147] the processor 470 may detect the position of a passenger from an image acquired by the camera 460 (S510). The processor 470 may detect a passenger sitting in the driver's seat. also see fig. 14 where multiple passengers are detected from image from camera 460. Gronau [0033][0106][0266], a first operation region in which a gesture key point of the target user is located Park fig. 9 fig. 14 and fig. 18; determining, based on the first operation region, a first operation object corresponding to a first gesture operation intention Park fig. 9 fig. 14 and fig. 16-18; and controlling the first operation object in the vehicle based on the first gesture operation intention of the target user Park fig. 9 fig. 14 and fig. 16-18 users [0163-0164]Processor 470 may determine which passenger has first accessed the position corresponding to the device (S1020). The processor 470 may determine which of the first and second passengers has been first matched with the device fig. 11 S1130-S1150,
Motivation to combine is similar to motivation in claim 1.
Consider claim 8. Park as modified by Gronau and Yamamoto disclose the method according to claim 7, wherein determining the first operation region in which the gesture key point of the target user is located comprises: determining, based on the key point data of the target user and a cockpit physical parameter in the user grid Gronau [0033] monitoring system is further configured to detect one or more of said at least one occupant face; motion; pose. Gronau [0106] identify and determine that the identified object is an occupant, the shape and/or pose and/or position of the occupant [0226. Gronau [0266] Specifically, each of skeleton models includes data such as 3D key points (x,y,z) representation of the occupants in respect to a X-Y-Z coordinate system. [0244] the distance measurement in the image coordinates may be compared to a distance measurement of one or more known and/or identified objects in the vehicle cabin such as the passenger's seat. , the first operation region in which the gesture key point of the target user is located. Park fig. 14 903b 904b 905a regions in which gesture is registered. fig. 15 gesture 900a performed in 900b. outside of this region the gesture is not enabled. see fig. 8 S840.
Motivation to combine is similar to motivation in claim 1.
Consider claim 9. Park as modified by Gronau and Yamamoto disclose the method according to claim 7, further comprising: determining, based on the key point data of the target user in the user grid Gronau [0033] monitoring system is further configured to detect one or more of said at least one occupant face; motion; pose. Gronau [0106] identify and determine that the identified object is an occupant, the shape and/or pose and/or position of the occupant [0226. Gronau [0266] Specifically, each of skeleton models includes data such as 3D key points (x,y,z) representation of the occupants in respect to a X-Y-Z coordinate system. [0244] the distance measurement in the image coordinates may be compared to a distance measurement of one or more known and/or identified objects in the vehicle cabin such as the passenger's seat., that the gesture key point of the target user is switched from the first operation region to a second operation region Park fig. 16-18 operation region is switched in response to user twisting their body; determining, based on the second operation region, a second operation object corresponding to a second gesture operation intention Park fig. 16-18 900a1 vs 900a2; and controlling the second operation object in the vehicle based on the second gesture operation intention of the target user Park fig. 16-18 S1666 control second device based on preset gesture 900a2 form the user.
Motivation to combine is similar to motivation in claim 1.
Consider claim 10. Park as modified by Gronau and Yamamoto disclose the method according to claim 1, further comprising: a radar sensor Park [0076] infrared sensor, radar. Gronau [0126]microwave radar.
Motivation to combine is similar to motivation in claim 1.
Claim 12 is rejected for similar reasons, mutatis mutandis, to the rejection of claim 1 where the An electronic device, comprising: a processor, and a memory coupled to the processor to store instructions, in which when executed by the processor, cause the electronic device to: Park fig. 1 700 [0100]memory 440 stores various data for overall operation of the vehicle 700 e.g. programs for the processing or control of the controller 770.
Claim 13 is rejected for similar reasons, mutatis mutandis, to the rejection of claim 1 where the non-transitory machine readable storage medium having instructions stored therein which when executed by the processor Park fig. 1 [0100]memory 440 stores various data for overall operation of the vehicle 700 e.g. programs for the processing or control of the controller 770.
Claim 14 is rejected for similar reasons, mutatis mutandis, to the rejection of claim 2.
Claim 15 is rejected for similar reasons, mutatis mutandis, to the rejection of claim 3.
Claim 19 is rejected for similar reasons, mutatis mutandis, to the rejection of claim 7.
Claim 20 is rejected for similar reasons, mutatis mutandis, to the rejection of claim 8.
2. Claims 4-6 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Park US 20210334562 in view of Gronau US 20220114817 in view of Yamamoto US 20190184933 and further in view of Jain et al. US 2023056728.
Consider claim 4. Park as modified by Gronau and Yamamoto disclose the method according to claim 1, wherein the controlling the vehicle based on gesture operation intentions of the N target users but do not disclose comprises: for each of the N target users, determining, based on the user grid, whether the target user has control permission corresponding to the gesture operation intention; and when the target user has the control permission corresponding to the gesture operation intention, controlling the vehicle based on the gesture operation intention of the target user.
Jain however discloses for each of the N target users [0088] detect presence of face and determine identify of a person in driver’s seat or one or more passenger seats, determining, based on the user grid, whether the target user has control permission corresponding to the gesture operation intention; and when the target user has the control permission corresponding to the gesture operation intention, controlling the vehicle based on the gesture operation intention of the target user.[0224] unauthorized driver vs authorized driver detect via facial recognition via in cabin cameras. unauthorized driver causes the vehicle to disable. Also authorized passenger is determined [0226] set restriction on certain authorized temporary users [0229] authorized user/driver recognition by performing gesture recognition [0230] different gestures can be registered for different levels of authorization or different operations e.g. main driver vs temporary or valet driver.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicular gesture control system Park as modified by Gronau and Yamamoto to include for each of the N target users, determining, based on the user grid, whether the target user has control permission corresponding to the gesture operation intention; and when the target user has the control permission corresponding to the gesture operation intention, controlling the vehicle based on the gesture operation intention of the target user.an output based on the user grid., as taught by Jain, to provide intelligent assistance regarding the safety, wellbeing, and condition of drivers and passengers inside the vehicle [0006].
Consider claim 5. Park as modified by Gronau, Yamamoto, and Jain disclose the method according to claim 4, wherein determining whether the target user has the control permission corresponding to the gesture operation intention comprises: determining a position of the target user in a cockpit coordinate system based on the user grid; and determining, based on the position of the target user in the cockpit coordinate system, whether the target user has the control permission corresponding to the gesture operation intention Jain [0181] In various embodiments, the Advanced AI-Assisted Vehicle is also capable of real-time assessment of driver position and orientation and can use these to perform dynamic adjustment of settings and calibrations to provide improved safety and comfort. In certain embodiments, the system periodically determines driver body location, face attributes, and head orientation, using DNN pipeline and analysis techniques [0226] set restriction on certain authorized temporary users [0229] authorized user/driver recognition by performing gesture recognition [0230] different gestures can be registered for different levels of authorization or different operations e.g. main driver vs temporary or valet driver.
Consider claim 6. Park as modified by Gronau, Yamamoto, and Jain disclose the method according to claim 4, wherein determining whether the target user has the control permission corresponding to the gesture operation intention comprises: determining, based on facial data of the target user in the user grid, whether the target user has the control permission corresponding to the gesture operation intention Jain [0088] detect presence of face and determine identify of a person in driver’s seat or one or more passenger seats.[0224] unauthorized driver vs authorized driver detect via facial recognition via in cabin cameras. unauthorized driver causes the vehicle to disable. Also authorized passenger is determined
Claim 16 is rejected for similar reasons, mutatis mutandis, to the rejection of claim 4.
Claim 17 is rejected for similar reasons, mutatis mutandis, to the rejection of claim 5.
Claim 18 is rejected for similar reasons, mutatis mutandis, to the rejection of claim 6.
3. Claims 11 are rejected under 35 U.S.C. 103 as being unpatentable over Park US 20210334562 in view of Gronau US 20220114817 in view of Yamamoto US 20190184933 and further in view of Podkamien et al. US 20230168364.
Consider claim 11. Park as modified by Gronau and Yamamoto disclose the method according to claim 3, disclose further comprising: using a radar sensor. Gronau [0132] wave sensor [0126] the sensors may include arrays for sensing visible and infrared waves, millimeter wave and microwave radar.
Park as modified by Gronau do not disclose the collecting cockpit physical parameter by using a radar sensor.
Podkamien however disclose the collecting cockpit physical parameter by using a radar sensor [0015][0147] a central radar transceiver array is provided in the cabin of a vehicle—602. The central radar transceiver array transmits radar signals in all directions 604 and receives reflections from all direction 606, from the walls, seats and floor of the cabin, and from occupants, etc. [0316] converting a 3D complex image obtained inside a vehicle over a grid of coordinates into a list of occupants of the vehicle with an associated class.[0321] Voxel [0324].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicular gesture control system Park as modified by Gronau and Yamamoto to include collecting cockpit physical parameter by using a radar sensor, as taught by Podkamien, to provide a simpler system which replace the vehicle sensors and operate safety system according to passenger seating position [0014].
RESPONSE TO ARGUMENTS
The Applicant's arguments have been fully considered but are moot in view of the new grounds of rejection.
The Applicant argues (pages 10-12) that the cited references do not disclose “including: collecting the user in-position information by using a gravity sensor, wherein whether there is a user on a seat is determined by using the gravity sensor carried on each seat position” as recited in amended claims 1 and 12-13.
The Office agrees and has accordingly updated the rejection to include new prior art, Yamamoto, which addresses the new claim limitation (see rejection above).
V. CONCLUSION
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 extension fee 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.
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IBRAHIM A. KHAN
Primary Examiner
Art Unit 2628
/IBRAHIM A KHAN/ 10/14/2026Primary Examiner, Art Unit 2628
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