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
This communication is responsive to the Amendment filed on 2/2/2026.
In the Instant Amendment, Claim(s) 1 and 16 has/have been amended; Claim(s) 11, 14 and 18 was/were cancelled; Claim(s) 1 and 16 is/are independent claims. Claims 1-10, 12-13 and 15-17 have been examined and are pending in this application.
Response to Arguments
Applicant's arguments filed 2/2/2026 have been fully considered but they are not persuasive.
Claim Rejections - 35 USC § 112(a):
The Applicant is arguing in the remarks (page 5) regarding the supports for the new feature “the reference FOV satisfying the first requirement and a second requirement”.
The Examiner respectfully disagrees with the Applicant. The Examiner respectfully submits that the closest description on page 7, lines 1-10 reciting “Ideally the mirror head 110 is configured to capture the first FOV as per the homologation requirement of a class 4 mirror. Further, the camera module 140 is configured to capture a second field-of-view FOV different than the first FOV. When the first FOV captured by the mirror head 110 is as per class 4 requirement then the camera module 140 is preferably configured to capture a second FOV as per the class 2 requirement. The second FOV is captured and processed in order to convert the second FOV as per the class 2 requirement by the ECU 130. Further, the processed second FOV is exhibited on the display unit 150 by the ECU 130” is merely referring to class 4 requirement for mirror and class 2 requirement for camera, but does not expressly describe “the reference FOV satisfying the first requirement and a second requirement”. If the Applicant believes otherwise, the Applicant is welcome to further explain in detail how these supports corresponding to the feature as claimed. For the reason, the rejection is maintained.
Claim Rejections - 35 USC § 102:
The Applicant is arguing in the remarks (pages 6-7) that Sobecki and Tung do not teach the amended claims 1 and 16 as amended.
The Examiner respectfully disagrees with the Applicant. The Examiner respectfully submits that Sobecki and Tung do teach the amended claims 1 and 16 as amended. Please see below in the rejection section for the details of how each reference teaches the features as claimed.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-10, 12-13 and 15-17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “the reference FOV satisfying the first requirement and a second requirement” in lines 7-8 which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification (publication US 20230254581 A1) recites “Finally, the ECU 130 updates the display unit 150 to exhibit the image section with the second FOV obtained by the camera module 140, with the second FOV being determined by the ECU 130 based on a comparison of the first FOV with a reference FOV” (para. 0041), “At step 250, the ECU 130 determines the first FOV obtained by the mirror head 110 based on the first position of the actuator 120. At step 260, the ECU 130 determines a second FOV to be taken by a camera module 140 based on the first FOV” (para. 0044) and “In an event the ECU 130 determines that the existing camera angle covers the desired second FOV, the process leads to step 270. Alternatively, the process leads to step 280” (Fig. 2b; para. 0045). The specification merely mentions “reference FOV” in few places, but fails to provide an explicit definition of what is claimed. Thus, these cited features in the specification are not the same as claimed “the reference FOV satisfying the first requirement and a second requirement” which is used in “a comparison of the first FOV with a reference FOV”. In the remarks (page 5), the Applicant pointed out the support for the amendment. However, the closest description on page 7, lines 1-10 reciting “Ideally the mirror head 110 is configured to capture the first FOV as per the homologation requirement of a class 4 mirror. Further, the camera module 140 is configured to capture a second field-of-view FOV different than the first FOV. When the first FOV captured by the mirror head 110 is as per class 4 requirement then the camera module 140 is preferably configured to capture a second FOV as per the class 2 requirement. The second FOV is captured and processed in order to convert the second FOV as per the class 2 requirement by the ECU 130. Further, the processed second FOV is exhibited on the display unit 150 by the ECU 130” is merely referring to class 4 requirement for mirror and class 2 requirement for camera, but does not expressly describe “the reference FOV satisfying the first requirement and a second requirement”. If the Applicant believes otherwise, the Applicant is welcome to further explain in detail how these supports corresponding to the feature as claimed.
Claims 2-10, 12-13 and 15 are also rejected for being dependent of the base claim.
Claim 16 also recites “the reference FOV satisfying the first requirement and a second requirement” in line 5 which has the same issue as in claim 1.
Claim 17 is also rejected for being dependent of the base claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-10, 12-13 and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sobecki et al (US 20140376119 A1).
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Regarding claim 1, Sobecki teaches An apparatus (Figs. 1-5, 21-27, 36) for updating an image section (paras. 0088-0090), comprising a head (head 10/210) with a first image capturing device (mirror 12/212) configure to rotate between a plurality of positions in order to obtain a first field-of-view (FOV) satisfying a first requirement (Figs. 5; paras. 0050, 0051, 0065; “The actuator operates, response to a user input 22 (FIG. 6A), to pivot the mirror head 20 between a plurality of detent positions, including a forward position (FIG. 2), a user or drive position (first position in FIG. 5A) and a folded or park position (second position in FIG. 5A). Optionally, the mirror head may also be pivoted to a fully forward detent position (second position in FIG. 5B)”; the mirror head is moved to different position; at each position, the mirror head’s FOV is changed to different distinct FOV’s);
a second image capturing device (camera 220 mounted on the mirror head 10/210) configured to capture a second field-of-view (FOV) (Fig. 22; paras. 0088-0090; “the camera may rotate about the longitudinal axis of the extension arm to provide an enhanced downward field of view of the camera, such as for use in bird's-eye view or surround view vision systems”; para. 0082: “the camera may be adjustably mounted at the mirror assembly and may extend and retract relative to the mirror head to provide an adjustable and enhanced rearward field of view of the camera”); and
an electronic control unit (ECU) configured to determine a remaining required FOV based on a comparison of the first FOV with a reference FOV, the reference FOV satisfying the first requirement and a second requirement, the ECU further configured to crop an image or video captured by the second image capturing device or change an angle of the second image capturing device to capture the second FOV based on the remaining required FOV, the second FOV different than the first FOV and satisfying the second requirement, and update a display unit to exhibit the image section with the second FOV (Figs. 5, 36; paras. 0088-0090; “a display in the vehicle will display video images captured by the camera for viewing by the driver of the vehicle while normally operating the vehicle”; para. 0065: “When the user input is actuated when the mirror head is at the park position, the rearward range sensor will be active and the mirror will rotate to the drive position.”; Thus, when the mirror head is at the park position, the mirror head’s FOV is mFOV1 and the camera’s FOV is cFOV1; when the mirror head is at the drive position, the mirror head’s FOV is mFOV2 and the camera’s FOV is cFOV2; Sobecki teaches that the current position [current FOV] is detected and it is compared to a reference position [reference FOV] including 1st requirement: the park position [first FOV: mFOV1 and/or cFOV1] and 2nd requirement: the drive position [remaining required FOV: mFOV2 and/or cFOV2]; assuming the current position [current FOV] is at the park position [mFOV1], it compares the current position, which is the park position [mFOV1], to the reference position [reference FOV]; when the current position matches the reference position of the park position [mFOV1], rotating the mirror and the camera to the drive position [mFOV2] where the camera is adjusted to capture a second FOV of cFOV2 when it is determined that the current position is at the park position [mFOV1]).
Regarding claim 2, Sobecki teaches the apparatus of claim 1, wherein the first image capturing device is a form of a mirror head (Figs. 21-22).
Regarding claim 3, Sobecki teaches the apparatus of claim 1, wherein the second image capturing device comprises a camera module (Figs. 21-22).
Regarding claim 4, Sobecki teaches the apparatus of claim 1, wherein the head is manually rotated between the plurality of positions in order to obtain the first FOV (Figs. 5; para. 0065).
Regarding claim 5, Sobecki teaches the apparatus of claim 4, further comprising:
an actuator (actuator 18) coupled to the head, wherein the actuator leads to a first position based on the manual rotation of the head (Figs. 1-5; paras. 0050, 0065; “manual movement of the mirror head, such as by a person manually pivoting the mirror head out of a detent position or by an impact at the mirror head”).
Regarding claim 6, Sobecki teaches the apparatus of claim 5, wherein the ECU is further configured to, read the first position of the actuator after the head is manually rotated, determine the first FOV based on the first position of the actuator, and determine the second FOV to be taken by the second image capturing device based on the first FOV (Figs. 1-5, 10, 11, 21-22; paras. 0050, 0065; “manual movement of the mirror head, such as by a person manually pivoting the mirror head out of a detent position or by an impact at the mirror head”; “When the powerfold button is pressed, the system will sense the mirror head location using the three position sensors and will respond accordingly”; based on a detected current position, the mirror head is moved to different positions: forward, park, drive positions; at each position, the mirror head’s FOV is changed; the FOV of the camera 220 is also changed based on the mirror head’s FOV).
Regarding claim 7, Sobecki teaches the apparatus of claim 5, wherein the head and/or the actuator are configured to rotate in one of an X-direction, a Y-direction or a Z-direction, being perpendicular to each other (Figs. 5; para. 0065).
Regarding claim 8, Sobecki teaches the apparatus of claim 1, wherein each of the plurality of positions of the head corresponds to a distinct FOV obtained by the first image capturing device (Figs. 1-5, 10, 11, 21-22; paras. 0050, 0065; based on a detected current position, the mirror head is moved to different positions: forward, park, drive positions; at each position, the mirror head’s FOV is changed to different distinct FOV’s).
Regarding claim 9, Sobecki teaches the apparatus of claim 1, wherein, the first FOV is obtained by a mirror head (210), and the second FOV is obtained by a camera module (220) (Figs. 21-22).
Regarding claim 10, Sobecki teaches the apparatus of claim 5, wherein the first position of the actuator corresponds to the real-time position of the head (Figs. 4, 5, 10; para. 0065).
Regarding claim 12, Sobecki teaches the apparatus of claim 1, an electric motor (motor 14/224) coupled to the second image capturing device (Figs. 4, 27; paras. 0050, 0068, 0086).
Regarding claim 13, Sobecki teaches the apparatus of claim 12, wherein the electric motor is configured to change the angle of the second image capturing device to obtain the second FOV (Figs. 4, 5, 27; paras. 0050, 0065, 0068, 0086, 0090).
Regarding claim 15, Sobecki teaches A rear view device (Figs. 1, 21) for a motor vehicle comprising the apparatus of claim 1.
Regarding claim 16, Sobecki teaches A method for updating an image section (Figs. 1-5, 21-27, 36), comprising:
rotating a mirror head (mirror head 10/210) between a plurality of positions in order to obtain a first field-of-view (FOV) satisfying a first requirement (Figs. 5; paras. 0050, 0051, 0065; “The actuator operates, response to a user input 22 (FIG. 6A), to pivot the mirror head 20 between a plurality of detent positions, including a forward position (FIG. 2), a user or drive position (first position in FIG. 5A) and a folded or park position (second position in FIG. 5A). Optionally, the mirror head may also be pivoted to a fully forward detent position (second position in FIG. 5B)”; the mirror head is moved to different position; at each position, the mirror head’s FOV is changed to different distinct FOV’s);
determining a remaining required FOV based on the first FOV based on a comparison of the first FOV with a reference FOV, the reference FOV satisfying the first requirement and a second requirement (para. 0065: “When the user input is actuated when the mirror head is at the park position, the rearward range sensor will be active and the mirror will rotate to the drive position.”; Thus, when the mirror head is at the park position, the mirror head’s FOV is mFOV1 and the camera’s FOV is cFOV1; when the mirror head is at the drive position, the mirror head’s FOV is mFOV2 and the camera’s FOV is cFOV2; Sobecki teaches that the current position [current FOV] is detected and it is compared to a reference position [reference FOV] including 1st requirement: the park position [first FOV: mFOV1 and/or cFOV1] and 2nd requirement: the drive position [remaining required FOV: mFOV2 and/or cFOV2]; assuming the current position [current FOV] is at the park position [mFOV1], it compares the current position, which is the park position [mFOV1], to the reference position [reference FOV]; when the current position matches the reference position of the park position [mFOV1], rotating the mirror and the camera to the drive position [mFOV2] where the camera is adjusted to capture a second FOV of cFOV2 when it is determined that the current position is at the park position [mFOV1]);
capturing a second FOV (cFOV2) based on the remaining required FOV (mFOV2), the second FOV different than the first FOV (mFOV1) and satisfying the second requirement, by a camera module (camera 220) (as presented above);
cropping an image or video captured by the camera module or changing an angle of the camera module with an electronic control unit (ECU) to capture the second FOV (cFOV2) (as presented above); and
updating, by the ECU, a display unit to exhibit the image section with the second FOV (Fig. 36; paras. 0088-0090; “a display in the vehicle will display video images captured by the camera for viewing by the driver of the vehicle while normally operating the vehicle”).
Regarding claim 17, Sobecki teaches the method of claim 16, further comprising:
repositioning an actuator coupled to a mirror of the mirror head, wherein the actuator is repositioned to a first position based on the manual rotation of the mirror head (Figs. 1-5, 10, 11, 21-22; paras. 0050, 0065; “manual movement of the mirror head, such as by a person manually pivoting the mirror head out of a detent position or by an impact at the mirror head”);
reading, by the ECU, the first position of the actuator after the mirror head is manually rotated, determining, by the ECU, the first FOV obtained by the mirror head based on the first position of the actuator (“When the powerfold button is pressed, the system will sense the mirror head location using the three position sensors and will respond accordingly”; based on a detected current position, the mirror head is moved to different positions: forward, park, drive positions; at each position, the mirror head’s FOV is changed); and
determining, by the ECU, the second FOV to be taken by the camera module based on the first FOV (the FOV of the camera 220 is also changed based on the mirror head’s FOV).
Claim(s) 1-10, 12-13 and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tung et al (US 20190315276 A1).
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Regarding claim 1, Tung teaches An apparatus (Figs. 1-4) for updating an image section (display 30), comprising
a head (mirror device 18) with a first image capturing device (mirror 28) configure to rotate between a plurality of positions in order to obtain a first field-of-view (FOV) (F1) satisfying a first requirement (Figs. 1, 3; paras. 0012-0015; rotate from F0 to F1 and so on;
Requirement/reference FOV
FOV configuration
1st Requirement
FOV F1 [Wingdings font/0xF3] FOV A2
2nd Requirement
FOV F0 [Wingdings font/0xF3] FOV A2
);
a second image capturing device (camera 20) configured to capture a second field-of-view (FOV) (blind spot A2) (Fig. 1; para. 0013); and
an electronic control unit (ECU) configured to determine a remaining required FOV (blind spot A2) based on a comparison of the first FOV (F1) with a reference FOV, the reference FOV satisfying the first requirement and a second requirement, the ECU further configured to crop an image or video captured by the second image capturing device or change an angle of the second image capturing device (20) to capture the second FOV (A2) based on the remaining required FOV (A2), the second FOV (F0) different than the first FOV (F1) and satisfying the second requirement, and update a display unit (30) to exhibit the image section with the second FOV (Figs. 1, 3; paras. 0012-0015; para. 0012: “the first gear device 22 can drive the rearview mirror casing 26 to rotate relative to the car body 12 so that a user can flexibly adjust a pivoting angle of the rearview mirror casing 26 according to the practical driving situation”; para. 0015: “when the controller 16 controls the first gear device 22 to rotate the rearview mirror casing 26 relative to the car body 12 by a pivoting angle, the controller 16 can control the second gear device 24 to rotate the first monitoring device 20 by a compensation angle according to the pivoting angle of the rearview mirror casing 26”).
Regarding claim 2, Tung teaches the apparatus of claim 1, wherein the first image capturing device is a form of a mirror head (mirror device 18) (Figs. 1, 3).
Regarding claim 3, Tung teaches the apparatus of claim 1, wherein the second image capturing device comprises a camera module (camera 20) (Figs. 1, 3).
Regarding claim 4, Tung teaches the apparatus of claim 1, wherein the head is manually rotated between the plurality of positions in order to obtain the first FOV (Figs. 1, 3; paras. 0012-0015; rotate from F0 to F1 and so on).
Regarding claim 5, Tung teaches the apparatus of claim 4, further comprising:
an actuator (22) coupled to the head, wherein the actuator leads to a first position based on the manual rotation of the head (Figs. 1, 3; paras. 0012-0015; rotate from F0 to F1 and so on).
Regarding claim 6, Tung teaches the apparatus of claim 5, wherein the ECU is further configured to, read the first position of the actuator after the head is manually rotated, determine the first FOV based on the first position of the actuator, and determine the second FOV to be taken by the second image capturing device based on the first FOV (Figs. 1, 3; paras. 0012-0015).
Regarding claim 7, Tung teaches the apparatus of claim 5, wherein the head and/or the actuator are configured to rotate in one of an X-direction, a Y-direction or a Z-direction, being perpendicular to each other (Figs. 1, 3; para. 0012).
Regarding claim 9, Tung teaches the apparatus of claim 1, wherein,
the first FOV is obtained by a mirror head (18), and the second FOV is obtained by a camera module (20) (Figs. 1, 3).
Regarding claim 10, Tung teaches the apparatus of claim 5, wherein the first position of the actuator corresponds to the real-time position of the head (Figs. 1, 3; paras. 0012-0015).
Regarding claim 12, Tung teaches the apparatus of claim 1, an electric motor coupled to the second image capturing device (Figs. 1, 3; paras. 0012-0015).
Regarding claim 13, Tung teaches the apparatus of claim 12, wherein the electric motor is configured to change the angle of the second image capturing device to obtain the second FOV (Figs. 1, 3; paras. 0012-0015).
Regarding claim 15, Tung teaches the A rear view device (Figs. 1-3) for a motor vehicle comprising the apparatus of claim 1.
Regarding claims 16-17, claims 16-17 reciting features corresponding to claims 1 and 5-6 are also rejected for the same reasons above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smits (US 20210053490 A1): a field of view S1 of the camera 103 is presented in its entirety or in part on the assigned monitor 104 in order to present the legally prescribed field of view classes, for example the field of view classes 2, 4, and 5.
NAS Security (https://www.nassecurity.com.au/truck-drivers-mirror-monitor-system-a-replacement-of-side-mirrors-12-3-monitor-and-two-cameras-hd-1080p-hdmirm12-3321518.html, 2023-02-04): shows Camera II Fields of Vision and Camera IV Fields of Vision.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Quan Pham whose telephone number is (571)272-4438. The examiner can normally be reached Mon-Fri 9am-7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sinh Tran can be reached at (571) 272-7564. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Quan Pham/Primary Examiner, Art Unit 2637