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 following is a response to an RCE received 1-20-2026.
Claim Rejections - 35 USC § 102/103
Claim(s) 1, 3-6 and 8-20 is/are rejected under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over KSR v. Teleflex 550 U.S. 398.
Claim(s) 1, 3-6 and 8-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (EP 3855409).
With respect to claim 1, Kim teaches predicting a distance between a first and second vehicle, see para. 14. Kim teaches respective parameter data ( referred to by first feature points), see also paras. 20-26 and 34. Kim teaches a vehicle 1 with a camera for taking the photograph of a second vehicle located in the front of the first vehicle. See paras. 14 and 184. Kim teaches a device 10 for simulating by a processor 2124 the first and second vehicles in their driving positions in accordance with frame data, see paras. 20-26.
Kim teaches representing several frames for determining pixel information providing a perspective of the second vehicle, see paras. 20-26 and 38. Kim teaches a calculation unit 15 for labeling the distance value between the first and second vehicles.
Kim teaches a computer program for causing a computer readable storage medium (see storage unit 110 as explained at para. 188) for causing the storage of multiple image frames and the calculated distance values, see paras. 2, 14, 38.
In the alternative, the Examiner does not concede that the claims are not anticipated, however the instant specification and the Kim reference suggests the virtual environment.
Paragraphs 13-15 of the instant specification suggests that other parameters can be processed with this image, such as effects of snow, rain, fog, and different resolutions perhaps to affect blurring. See also para. 90, lines 1-3 and 14-17 regarding actual images.
The broad language of the specification states “representing a perspective from a …….vehicle.” Furthermore, by adding, fog, snow, rain and blurring, attributes that are not part of the original image, appears to also constitute a virtual environment since these attributes are computer generated.
The Examiner contends that Applicant’s use of the term, virtual environment, appears to be defined as camera generated data being added to or being processed with certain attributes such as affects with rain, fog, snow and blur.
Similarly, Kim teaches creating a virtual environment as the present invention. Kim uses algorithms and programs for exhibiting such factors as: “… shift, rotation, brightness and blur to images acquired by an image acquiring unit 11.
While the word virtual may not appear in Kim, it is suggested since the same functions of the present invention are being performed by the Kim reference. However, the broad definition of a representation of a perspective taken, by a rear vehicle imaging a front vehicle under certain environmental conditions, appears to satisfy the virtual environment as defined by the present specification.
The Examiner contends that it would have been obvious to one of ordinary skill in the art, at the time of the effective filing of the claimed invention, to operate in a virtual environment where images are created by a camera and other visual effects are superimposed creating a virtual environment.
With respect to claim 3, Kim teaches calculation of distance data between the first and second vehicles (see paras. 11, 14, 20-26). The labeling of the distance is taught by Kim with respect to the actual distance value determined by the distance calculation device 15, see also paras. 21-23.
With respect to claim 4, Kim teaches at least one processor, 2124 for determining the distance values between the first and second vehicles, see paras. 11, 14 and 20-26.
With respect to claim 5, Kim teaches a user input to make corrections to render appropriate output, see para. 67.
With respect to claim 6, Kim teaches autonomous computations via the machine learning, see para. 66.
With respect to claims 8 and 9, Kim teaches determining if the first and second vehicles have a distance labeled that is less than a predetermined threshold, see para. 147, see also para. 148. Inherently, distance measurements are taken when the vehicular distance is greater than the threshold.
With respect to claim 10, Kim teaches a camera, see para. 172 for processing the one or more images of the perspective taken by the camera (dash cam). The camera inherently has a resolution.
With respect to claim 11, Kim teaches wherein a parameter is a focal length and a predicted width of the vehicle. See para. 34.
With respect to claims 12 and 13, Kim teaches the claimed features. See paras. 12 and 27 regarding blur and distortion as claimed.
With respect to claims 14 and 15, Kim teaches the environmental effects as claimed, see paras. 13 and 28.
With respect to claim 16, Kim teaches taking one image to determine features of a frame, see paras. 14 and 17.
With respect to claim 17, Kim teaches taking plurality of images to determine features of a second frame, see paras. 14 and 15, 16 and 18.
With respect to claim 18, Kim teaches detecting the movement of the front vehicle with respect to the rear vehicle (paras 20-26 and 34) as performed by at least one processor 2414 and dash cam taught at para. 172.
With respect to claims 19 and 20, the first and second vehicles are on a road with one vehicle behind the other. The Kim reference broadly reads on a vehicle which could be offset from the center of the rear vehicle, hence the establishment of the lateral position as claimed is inherent by Kim.
Allowed Claims
Claim 2 was previously indicated as containing allowable subject matter and has been amended to include the limitations of the base claim.
Claim 7 was previously indicated as containing allowable subject matter and has been amended to include the limitations of the base claim.
Examiner’s Remarks
In at least paragraph 5 of the Applicant’s specification, the “virtual image” appears to be defined as a perspective taken of a camera of a rear vehicle imaging a frontal vehicle. Paragraphs 13-15 of the instant specification suggests that other parameters can be processed with this image, such as effects of snow, rain, fog, and different resolutions perhaps to affect blurring. See also para. 90, lines 1-3 and 14-17 regarding actual images.
Applicant attempts to argue that the present invention is directed to a virtual environment and Kim is directed to generating photographed images. The broad language of the specification states “representing a perspective from a …….vehicle.” Furthermore, by adding, fog, snow, rain and blurring, attributes that are not part of the original image, appears to also constitute a virtual environment since these attributes are computer generated.
Applicant’s use of the term, virtual environment, appears to interpret camera generated data being added with other image affects such as rain, fog, snow and blur. In like manner, at para. 68, Kim teaches creating a virtual environment as the present invention. Kim uses algorithms and programs for exhibiting such factors as: “… shift, rotation, brightness and blur to images acquired by an image acquiring unit 11.
Applicant has argued that Kim’s photographs are acquired from a photographic device. Applicant appears to argue that photographed images taken by Kim, are not virtual as claimed. However, the broad definition of a representation of a perspective taken, by a rear vehicle imaging a front vehicle under certain environmental conditions, appears to satisfy the virtual environment as defined by the present specification. Furthermore, the broad reading of adding affects to the image, as performed by the present invention and the Kim reference appears to create a virtual image.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEROME GRANT II whose telephone number is (571)272-7463. The examiner can normally be reached M-F 9:00 a.m. - 5:00 p.m..
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/JEROME GRANT II/Primary Examiner, Art Unit 2664