Prosecution Insights
Last updated: April 19, 2026
Application No. 18/030,931

Device for Evaluating Image Data in a Motor Vehicle Including Sensor Arrangement with Optical Filter

Final Rejection §103
Filed
Apr 07, 2023
Examiner
JOHNSON-CALDERON, FRANK J
Art Unit
2425
Tech Center
2400 — Computer Networks
Assignee
BAYERISCHE MOTOREN WERKE AKTIENGESELLSCHAFT
OA Round
2 (Final)
57%
Grant Probability
Moderate
3-4
OA Rounds
2y 11m
To Grant
77%
With Interview

Examiner Intelligence

Grants 57% of resolved cases
57%
Career Allow Rate
127 granted / 222 resolved
-0.8% vs TC avg
Strong +20% interview lift
Without
With
+20.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
21 currently pending
Career history
243
Total Applications
across all art units

Statute-Specific Performance

§101
4.3%
-35.7% vs TC avg
§103
67.1%
+27.1% vs TC avg
§102
17.0%
-23.0% vs TC avg
§112
7.2%
-32.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 222 resolved cases

Office Action

§103
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 . Response to Arguments Applicant’s arguments with respect to claims 13, 15-24, 26-32 have been considered but are moot because the arguments do not apply to the new rejection made below. 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. Claim(s) 13, 16, 18-19, 21, 23-24, 26-28, 30, 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner et al. (US 20150156427, hereinafter Wagner) in view of Wieczorek (US 20210086692.) Regarding claim 13, “A device for evaluating image data in a motor vehicle, the device comprising: a sensor arrangement comprising an optical sensor and at least one optical filter, wherein the at least one optical filter is configured to change a light spectrum scanned by the optical sensor to a first light spectrum during a first time interval of a phase, wherein the sensor arrangement is configured to change the light spectrum scanned by the optical sensor to a second light spectrum that is not filtered by the at least one optical filter during a further time interval of the phase” Wagner teaches (¶0002) an electronic camera for a motor vehicle with image sensor that is sensitive to visible light and infrared light such that the camera is switchable between a first operating state, in which a video signal delivered by the image sensor is based on the detection of visible light only, and a second operating state, in which a video signal delivered by the image sensor is at least in part based on the detection of infrared light; (¶0006 and ¶0005) The realization of the switch-over between the two operating states depends on the design of the filter assembly. As to “and an evaluation device configured to evaluate image data output by the optical sensor during the first time interval using a first evaluation logic” Wagner teaches (¶0009, ¶0032, ¶0034-¶0035) The electronic camera may include an ambient light sensor and a control unit that adjusts the operating state based on the ambient brightness detected by the ambient light sensor. In dark surroundings, such a control unit will typically select the second operating state because an informative image for a viewer cannot be generated with visible light only in this case. The ambient light sensor may include the actual image sensor, wherein output signals of individual pixels of the image sensor can be used, in particular, for generating the video signal, as well as a signal that is representative of the ambient brightness. If the ambient brightness decreases to such a degree that a usable video signal can no longer be generated based on visible light only, this can be readily detected based on the output signals of the pixels; As to “and to evaluate image data output during a further time interval of the phase using a further evaluation logic.” Wagner teaches (¶0010) it is also possible to detect an increase in the ambient brightness, which would make it possible to switch back to the capture of images with visible light only, based on the output signals of the pixels of the image sensor when the camera is in the second operating state. Wagner does not teach “and wherein the sensor arrangement is configured to cycle between at least the first time interval and the further time interval in a cycle that repeats a plurality of times per second.” However, Wieczorek teaches (¶0058) filter technology switches the IR image alternately on and off with a defined repetition rate. This allows the IR and visible images to be transmitted alternately in a ratio of 1:1. In twilight conditions, the ratio of the refresh rate can be changed from 1:1. In light darkness, the ratio IR to visible could be e.g. 1:4 and then, depending on the twilight, revert in the direction of 1:1. The filter frequency (or switching ratio) for switching must be at least the image repetition frequency of the chip (image recording unit). In addition, an external light source, e.g. in the front headlight, can emit an IR light source with e.g. 1050 nm. Both the front area and the front/side area should be illuminated. With this, better results with the IR filter in the NIR range can be achieved. A synchronization with the frequency of the conversion filter is also possible, so that the IR illuminator only emits light when the IR conversion filter is active (e.g. 30 Hz or 60 Hz etc.). Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the invention to modify the electronic camera for a motor vehicle as taught by Wagner with the alternating switching as taught by Wieczorek for the benefit of better image quality during twilight, fog, rain, or other poor visibility conditions (¶0011.) Regarding claim 15, “The device according to claim 13, wherein the sensor arrangement comprises at least one second optical filter configured to change the light spectrum scanned by the optical sensor to a third light spectrum for a second time interval of the phase.” Wagner teaches (¶0027) The filter body 16 may include, for example, a layer of a liquid crystal material 20 enclosed between structured sheets 21 and polarizing filters 18, 19 that induce an orientation of the molecules of the liquid crystal material 20 and are provided with electrically conductive transparent layers in accordance with the technology known from LCD displays. The layer thickness of the liquid crystal material 20 may be greater than in conventional LCD displays such that the double refraction of the liquid crystal material 20, which can be varied under the influence of an electric field generated between the electrically conductive layers of the sheets 21, can induce a transit time difference of more than one oscillation period between the ordinary and the extraordinary ray of the transmitted light. Such a substantial transit time difference results in the phase difference between the ordinary and the extraordinary ray to be highly dependent on the wavelength of the light. This makes it possible to orient the polarizing filters 18, 19 relative to one another in such a way that visible light is essentially transmitted and infrared light is blocked at a first value of the electric field intensity that corresponds to the first operating state of the camera whereas visible light, as well as infrared light, is transmitted at a second value of the field intensity that corresponds to the second operating state. Regarding claim 16, “The device according to claim 15, wherein the evaluation device includes a second evaluation logic configured to evaluate the image data output by the optical sensor during the second time interval.” Wagner teaches (¶0010, ¶0032, ¶0034-¶0035) it is also possible to detect an increase in the ambient brightness, which would make it possible to switch back to the capture of images with visible light only, based on the output signals of the pixels of the image sensor when the camera is in the second operating state. Regarding claim 18, “The device according to claim 13, wherein the at least one optical filter is brought into an optical axis of the optical sensor during at least the first time interval, and wherein the at least one optical filter is removed from the optical axis during the further time interval.” Wagner teaches (¶0007 and ¶0027) the filter assembly may include a filter body that is impervious to infrared light and can be moved between an effective position in the beam path of the camera that corresponds to the first operating state and an ineffective position that corresponds to the second operating state. In this embodiment, one and the same pixel of the image sensor can be illuminated or not illuminated with infrared light depending on the position of the filter body. Regarding claim 19, “The device according to claim 13, wherein the sensor arrangement further comprises at least one optical component configured to …conduct the first light spectrum filtered by the at least one optical filter to the optical sensor during the first time interval … and conduct the second light spectrum that is not filtered by the at least one optical filter during the further time interval...” Wagner teaches (¶0005, ¶0011, ¶0023, ¶0029-¶0030) system includes lens and actuator, to direct light to image sensor. Wagner does not teach “cyclically” that the intervals are “in the cycle” However, Wieczorek teaches (¶0058) filter technology switches the IR image alternately on and off with a defined repetition rate. This allows the IR and visible images to be transmitted alternately in a ratio of 1:1. In twilight conditions, the ratio of the refresh rate can be changed from 1:1. In light darkness, the ratio IR to visible could be e.g. 1:4 and then, depending on the twilight, revert in the direction of 1:1. The filter frequency (or switching ratio) for switching must be at least the image repetition frequency of the chip (image recording unit). In addition, an external light source, e.g. in the front headlight, can emit an IR light source with e.g. 1050 nm. Both the front area and the front/side area should be illuminated. With this, better results with the IR filter in the NIR range can be achieved. A synchronization with the frequency of the conversion filter is also possible, so that the IR illuminator only emits light when the IR conversion filter is active (e.g. 30 Hz or 60 Hz etc.); (¶0010) lens Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the invention to modify the electronic camera for a motor vehicle as taught by Wagner with the alternating switching as taught by Wieczorek for the benefit of better image quality during twilight, fog, rain, or other poor visibility conditions (¶0011.) Regarding claim 21, “The device according to claim 13, wherein the first time interval and the further time interval are of equal length, and wherein the phase has a number of time intervals that is one more than a number of optical filters that are provided in the sensor arrangement.” Wieczorek teaches (¶0058) filter technology switches the IR image alternately on and off with a defined repetition rate. This allows the IR and visible images to be transmitted alternately in a ratio of 1:1. In twilight conditions, the ratio of the refresh rate can be changed from 1:1. In light darkness, the ratio IR to visible could be e.g. 1:4 and then, depending on the twilight, revert in the direction of 1:1. The filter frequency (or switching ratio) for switching must be at least the image repetition frequency of the chip (image recording unit). In addition, an external light source, e.g. in the front headlight, can emit an IR light source with e.g. 1050 nm. Both the front area and the front/side area should be illuminated. With this, better results with the IR filter in the NIR range can be achieved. A synchronization with the frequency of the conversion filter is also possible, so that the IR illuminator only emits light when the IR conversion filter is active (e.g. 30 Hz or 60 Hz etc.). Regarding claim 23, “The device according to claim 13, wherein the first evaluation logic and the further evaluation logic are changed or switched over in dependence on the first time interval and the further time interval.” Wagner teaches (¶0009) The electronic camera may furthermore include an ambient light sensor and a control unit that adjusts the operating state based on the ambient brightness detected by the ambient light sensor. In dark surroundings, such a control unit will typically select the second operating state because an informative image for a viewer cannot be generated with visible light only in this case. The ambient light sensor may include the actual image sensor, wherein output signals of individual pixels of the image sensor can be used, in particular, for generating the video signal, as well as a signal that is representative of the ambient brightness. If the ambient brightness decreases to such a degree that a usable video signal can no longer be generated based on visible light only, this can be readily detected based on the output signals of the pixels; (¶0010, ¶0032, ¶0034-¶0035) it is also possible to detect an increase in the ambient brightness, which would make it possible to switch back to the capture of images with visible light only, based on the output signals of the pixels of the image sensor when the camera is in the second operating state. Regarding claim 24, its rejection is similar to claim 13. Regarding claim 26, “The evaluation method according to claim 24, further comprising: during a second time interval of the phase: scanning, by the optical sensor, a third light spectrum changed by at least one second optical filter; and evaluating, by a second evaluation logic, image data output on a basis of the scanned third light spectrum.” Wagner teaches (¶0008, ¶0027) selectively suppressing different spectral components of the light by means of suitable polarization filters. The spectrum changes based on the influence of the electric field generated between the electrically conductive layers of the sheets 21; (¶0010, ¶0032, ¶0034-¶0035) it is also possible to detect an increase in the ambient brightness, which would make it possible to switch back to the capture of images with visible light only, based on the output signals of the pixels of the image sensor when the camera is in the second operating state. Regarding claim 27, its rejection is similar to claim 18. Regarding claim 28, its rejection is similar to claim 19. Regarding claim 30, its rejection is similar to claim 21. Regarding claim 32, its rejection is similar to claim 23. Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner and Wieczorek in view of Sayama (US 20210118928.) Regarding claim 17, “The device according to claim 15, wherein the at least one optical filter is an infrared filter.” Wagner teaches (¶0006, ¶0027, ¶0032) infrared filter Wagner and Wieczorek do not teach “and wherein the at least one second optical filter is a UV filter.” However, Sayama teaches (¶0246) imaging device includes an ultraviolet filter and an infrared filter. Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the invention to modify the electronic camera for a motor vehicle as taught by Wagner and Wieczorek to include an ultraviolet filter as taught by Sayama for the benefit of reduce error when imaging in a different spectrum and capturing/portraying details not visible/apparent in other spectrums. Claim(s) 20, 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner and Wieczorek in view of Yamamoto et al. (US 20070030577, hereinafter Yamamoto.) Regarding claim 20, Wagner and Wieczorek do not teach “The device according to claim 19, wherein the at least one optical component comprises a movably mounted prism and/or mirror.” However, Yamamoto teaches (¶0232) An image taking apparatus 29 as shown in FIGS. 5 and 6 is configured to perform zooming or the like by fixing the image sensor SR while moving the first lens unit GR1 including the optical path changing element (the optical prism PR or reflective mirror) and the third lens unit GR3. Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the invention to modify the electronic camera for a motor vehicle as taught by Wagner and Wieczorek to include a movable prism/mirror as taught by Yamamoto for the benefit of changing the optical path/perform zooming. Regarding claim 29, its rejection is similar to claim 20. Claim(s) 22, 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wagner and Wieczorek in view of Ando (US 20050018267.) Regarding claim 22, Wagner and Wieczorek do not teach “The device according to claim 13, wherein an image scanning rate of the optical sensor is dependent on a number of optical filters provided in the sensor arrangement.” However, Ando teaches (¶0004) conventional image sensors have attached filters to make the image sensor highly sensitive to a specific wavelength. Such filters, however, reduce the quantity of light supplied to the image sensors. As a result, with an increased reading or scanning rate. Therefore, it would have been obvious to person having ordinary skill in the art before the effective filing date of the invention that an electronic camera for a motor vehicle having various filters as taught by Wagner and Wieczorek would have an increased scan rate as taught by Ando because the quantity of light supplied to the image sensor is reduced. Regarding claim 31, its rejection is similar to claim 22. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Osterman et al. (US 20140327837) – (¶0005) An optical shutter forming part of an enhanced vision system includes a wavelength selective polarizing filter in optical association with a liquid crystal polarization modulator to rapidly switch between optical states to alternately transmit visible radiation and near infrared radiation; (¶0087) Shutter control signal 104 causes controller 30 to produce signal 32 that drives the liquid crystal polarization modulator in VIS/NIR shutter 10 to alternately pass from its VIS/NIR radiation exit side image information-carrying visible radiation and image information-carrying near infrared radiation for propagation through camera optics 106 and incidence on a light-sensitive detector 108. Machida et al. (US 20180227510) – (¶0025) an imaging apparatus that is capable of performing a switchover between imaging using visible light and imaging using visible light and infrared light simultaneously for all pixels by changing the voltage applied to the photoelectric conversion layer. Thus, the imaging apparatus is capable of capturing an image based on visible light, an image based on visible light and infrared light, and an image based on infrared light without using a movable filter; (Fig. 4 and ¶0098) switchover happens in an alternating manner. Pawlak et al. (US 20110139989) - (¶0077) differential imaging (vision enhancement such as vision through fog and/or subtraction of visible light from non-visible light; (¶0048) the voltage source is provided to generate an oscillatory voltage waveform 90, also known as a switching voltage waveform, that is transmitted to the pyroelectric electric sensors 56 and 58. The oscillatory voltage waveform 90 comprises a pulse-width modulated voltage waveform. It should be noted, however, that in an alternative embodiment, the oscillatory voltage waveform can comprise any oscillating voltage waveform, known to those skilled in the art. For example, the oscillatory voltage waveform can comprise an AC voltage waveform, a triangular-shaped voltage waveform, and a sawtooth-shaped voltage waveform. When the waveform 90 has a positive voltage, the polarization states of the pyroelectric sensors 56 and 58 are switched toward a first polarization state and when the waveform 90 has a negative voltage, the polarization is switched toward a second polarization state. Kim (US 20100128129) – (¶0040 and Fig. 2) operate the first filter unit (FILTER 1) 210 to guide a light, which is incident on an apparatus 100 (FIG. 1) of obtaining an image through an optical lens 102 (FIG. 1), to pass through the first filter unit 210 in a first operation mode 201; (¶0042) The first filter unit 210 may pass a light in a wavelength band corresponding to visible light; (¶0044) the apparatus 100 (FIG. 1) of obtaining an image may be switched from the first operation mode 201 to a second operation mode 202 within a predetermined time, for example, a fifth of a second, a hundredth of a second, or five-hundredths of a second; (¶0046-¶0047) second mode corresponds to infrared light 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 date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANK J JOHNSON whose telephone number is (571)272-9629. The examiner can normally be reached 9:00AM-3:00PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian T. Pendleton can be reached on 571-272-7527. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /Frank Johnson/Primary Examiner, Art Unit 2425
Read full office action

Prosecution Timeline

Apr 07, 2023
Application Filed
Feb 16, 2025
Non-Final Rejection — §103
Jun 30, 2025
Response Filed
Jul 17, 2025
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
57%
Grant Probability
77%
With Interview (+20.0%)
2y 11m
Median Time to Grant
Moderate
PTA Risk
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