DETAILED ACTION
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 1 and 17 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claims 1, 2, 4, 7-9, 14, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Okuda (US Patent Publication Number 2010/0265600 A1) in view of Wagner (DE Patent Number 102019132460 A1).
Okuda teaches, as in claim 1, a method for automated adapting (Fig. 1A-4 and 7-10) of an adjustment of a mirror surface (Fig. 1B, 112) of at least one outside mirror (112) of a motor vehicle (150) to a current eye point (122) of a driver of the motor vehicle (¶0043 “ECU 102 may determine the optimal angular orientation of the outside mirror 112 about the z'-axis based on the location of the head rest portion 306 of the driver's seat 300 or the position of a point 122 on the driver's head 120”), wherein the outside mirror (112) comprises at least one actuator (106), wherein the mirror surface (114) is mounted on the outside mirror (112) able to swivel by adjusting a respective actuator position on the actuator (¶0059 “the position of the outside mirror with the mirror actuator 106 by sending a control signal to the mirror actuator 106 which causes the outside mirror to rotate outward”), the method comprising, coordinating a respective actuator position of the actuator (106) with a respective projection point in an interior of the motor vehicle (¶0056, step 208 “driver position detector 104 sends an electronic signal to the ECU 102 indicative of the coordinates of the driver's head. The coordinates indicative of the driver's head may include the coordinates of the driver's face, the coordinates of the driver's eyes” and step 210 ¶0057 “the angular orientation of the driver's side outside mirror about a substantially vertical axis (e.g., the z'-axis)”), the projection point (light coming from 104 to 122) being described by spatial coordinates in the interior of the motor vehicle (Fig. 7) on which a known light source is projected (¶0028 “the LEDs are used to project a light grid onto the driver's head and face. The photo detector may be used to capture the surface contours of the face which, in turn, may be used to determine the location of the driver's eyes as a reference point using image analysis technique”), determining the current eye point (122) of the driver (120) of the motor vehicle (150), coordinating the eye point (122) with spatial coordinates (¶0039 “origin of the (x, y, z) coordinate system in spherical polar coordinates”) in the interior of the motor vehicle (Fig. 7, ¶0039); and adapting the adjustment of the mirror surface (114) to the eye point (122) so determined by adjusting at the actuator the actuator position which is coordinated with the projection point (light coming from 104 to 122) whose spatial coordinates (¶0039 “origin of the (x, y, z) coordinate system in spherical polar coordinates”) correspond to the spatial coordinates of the eye point (122), Okuda fails to teach a light source is projected from outside the motor vehicle in a position aft of the mirror surface with respect to a travel direction of the motor vehicle, and directed at the mirror surface of the outside mirror. In a related art, Wagner teaches a method for automated adapting of an adjustment of a mirror surface wherein the mirror surface (120.2) wherein a light source (205) is projected from outside the motor vehicle (105) in a position aft of the mirror surface with respect to a travel direction of the motor vehicle (Fig. 2), and directed at the mirror surface (120.2) of the outside mirror.
It would have been obvious to one of ordinary skill of art before the effective filling date of the claimed invention to have modified the automated adapting of an adjustment of a mirror surface, as taught by Okuda and with light source, as taught by Wagner, for the purpose of providing a way to ensure that the driver can see a predetermined field of view without having to move his head (Page 1, paragraph 4).
Okuda teaches, as in claim 2, wherein coordinating the respective actuator position of the actuator with the respective projection point in the interior of the motor vehicle is done by: moving the actuator (106) from a first known actuator position to at least one further known actuator position (inherit feature of a servo motor) adjust would wherein an image detection device (104) in the interior of the motor vehicle (Fig. 6) registers the respective current spatial coordinates (Cartesian coordinate system) of the projection point migrating with the movement of the actuator (106) from the first known actuator position to the at least one further known actuator position in the interior inherit feature of a servo motor), and the respective current spatial coordinates are permanently assigned to the respective current actuator position ( ¶0041 “the coordinates indicative of the position of the driver's head in a memory operatively associated with the ECU 102 for subsequent use in adjusting the position of the outside mirror”).
Okuda teaches, as in claim 4, wherein the spatial coordinate (fig. 7) of the projection point light coming from (104 to 122) are determined by ascertaining the relative spatial position of the projection point in regard to a spatially unchanging component (headrest 306) having known spatial coordinates in the interior of the motor vehicle (¶0042 “after the coordinates (
D
H
r
x
D
H
r
y
,
D
H
r
z
) of the head rest portion 306”).
Okuda teaches, as in claim 7, wherein the spatial coordinates of the projection point are determined by ascertaining the relative spatial position of the projection point in regard to a vehicle seat of the motor vehicle (¶0046 “the ECU 102 based on the geometrical relationship of the headrest portion 306 or the driver's head 120 relative to the (x', y', z') coordinate system”).
Okuda teaches, as in claim 8, wherein the spatial coordinates of the projection point are determined by ascertaining the relative spatial position of the projection point in regard to a headrest of the vehicle seat (¶0046 “the angle β may be calculated by the ECU 102 based on the geometrical relationship of the headrest portion 306 or the driver's head 120 relative to the (x', y', z') coordinate system”).
Okuda teaches, as in claim 9, wherein the headrest (306) of the vehicle seat is adjusted in a predetermined seat adjustment within a known adjustment field, and the spatial coordinates of the headrest of the vehicle seat are known in the predetermined seat adjustment (¶0047” 102 may determine the angle β from a mirror angle look up table (LUT). For example, the ECU may contain a mirror angle LUT stored in a memory contained in or operatively associated with the ECU 102. The mirror angle LUT may comprise various values for the angle β indexed according to the position H of the head rest along the x' axis and the position L of the head rest along the y' axis”).
Okuda teaches, as in claim 14, wherein the spatial coordinates of the eye point (Fig. 7) are determined by an interior camera (104) of the motor vehicle (¶0027 “driver position detector 104 may comprise an optical system such as a stereo camera system or a mono camera system… The optical system outputs a signal indicative of the spatial coordinates of the driver's head and/or the driver's eyes to the ECU 102.”).
Okuda teaches, as in claim 17, a motor vehicle (150) having (Fig 2, 3 and 6-9) at least one outside mirror (112), the outside mirror (112) comprising: a mirror surface (114); and at least one actuator (106), wherein the mirror surface (114) is mounted in a housing of the outside mirror(112) able to swivel by adjusting a respective actuator position on the actuator (¶0030 “mirror actuator 106 of the system 100 may comprise a plurality of electric motors, such as servo motors” inherit feature of a servo motor), wherein the motor vehicle (150) comprises a control device (102) which is adapted to adapt an adjustment of the mirror surface of the at least one outside mirror in an automated manner to a current eye point of a driver of the motor vehicle (¶0043 “ECU 102 may determine the optimal angular orientation of the outside mirror 112 about the z'-axis based on the location of the head rest portion 306 of the driver's seat 300 or the position of a point 122 on the driver's head 120”), wherein the control device is adapted to coordinate a respective actuator position of the actuator (106) with a respective projection point in an interior of the motor vehicle (¶0056, step 208 “driver position detector 104 sends an electronic signal to the ECU 102 indicative of the coordinates of the driver's head. The coordinates indicative of the driver's head may include the coordinates of the driver's face, the coordinates of the driver's eyes” and step 210 ¶0057 “the angular orientation of the driver's side outside mirror about a substantially vertical axis (e.g., the z'-axis)”), the projection point (light coming from 104 to 122) being described by spatial coordinates in the interior of the motor vehicle (Fig. 7) on which a known light source is projected (¶0028 “the LEDs are used to project a light grid onto the driver's head and face. The photo detector may be used to capture the surface contours of the face which, in turn, may be used to determine the location of the driver's eyes as a reference point using image analysis technique”), determining the current eye point (122) of the driver (120) of the motor vehicle (150), coordinating the eye point (122) with spatial coordinates (¶0039 “origin of the (x, y, z) coordinate system in spherical polar coordinates”) in the interior of the motor vehicle (Fig. 7, ¶0039); and adapting the adjustment of the mirror surface (114) to the eye point (122) so determined by adjusting at the actuator the actuator position which is coordinated with the projection point (light coming from 104 to 122) whose spatial coordinates (¶0039 “origin of the (x, y, z) coordinate system in spherical polar coordinates”) correspond to the spatial coordinates of the eye point (122), Okuda fails to teach a light source is projected from outside the motor vehicle in a position aft of the mirror surface with respect to a travel direction of the motor vehicle, and directed at the mirror surface of the outside mirror. In a related art, Wagner teaches a method for automated adapting of an adjustment of a mirror surface wherein the mirror surface (120.2) wherein a light source (205) is projected from outside the motor vehicle (105) in a position aft of the mirror surface with respect to a travel direction of the motor vehicle (Fig. 2), and directed at the mirror surface (120.2) of the outside mirror.
It would have been obvious to one of ordinary skill of art before the effective filling date of the claimed invention to have modified the automated adapting of an adjustment of a mirror surface, as taught by Okuda and with light source, as taught by Wagner, for the purpose of providing a way to ensure that the driver can see a predetermined field of view without having to move his head (Page 1, paragraph 4).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Okuda (US Patent Publication Number 2010/0265600 A1) in view of Wagner (DE Patent Number 102019132460 A1) and in further view of Sungki (KR Patent Publication Number 20220037164 A).
Okuda and Wagner fail to teach, as in claim 3, wherein a respective actuator position is described by the time elapsed since leaving the known actuator position. In a related art, Sungki teaches an actuator device, wherein a respective actuator position is described by the time elapsed since leaving the known actuator position (Page 6, paragraph 7 “the position of the actuator 130 and the target position have an error below a threshold value, and a case in which a predetermined time has elapsed may include at least one condition.”).
It would have been obvious to one of ordinary skill of art before the effective filling date of the claimed invention to have modified the automated adapting of an adjustment of a mirror surface, as taught by Okuda and Wagner, with the time elapsed actuator position, as taught by Sungki, for the purpose of providing to an actuator driving device capable of fine control (Page 1, paragraph 2).
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Okuda (US Patent Publication Number 2010/0265600 A1) in view of Wagner (DE Patent Number 102019132460 A1) and in further view of Lee (US Patent Publication Number 2021/0319214 A1).
Okuda and Wagner fail to teach, as in claim 10, wherein the predetermined seat adjustment is known from a memorized user profile. In a related art, Lee teaches wherein the predetermined seat adjustment is known from a memorized user profile (¶0021 “the ability to set a specific user seat profile based on recognition of the user, including any prior seat adjustments made by the user, where that recognition may occur through biometric recognition (e.g., facial recognition or fingerprint identification), client device proximity, etc. Other user specifications may also be stored in the profile, including those related to mirror positions, internal temperatures, music, steering wheel height, car suspension, etc”).
It would have been obvious to one of ordinary skill of art before the effective filling date of the claimed invention to have modified the automated adapting of an adjustment of a mirror surface, as taught by Okuda and Wagner, with the memorized user profile, as taught by Lee, for the purpose of providing a way to adjust the driver's seat automatically to help the person get in (¶0023).
Okuda and Wagner fail to teach, as in claim 11, wherein the memorized user profile is that of the driver. In a related art, Lee teaches wherein the memorized user profile is that of the driver (¶0021 and 0023).
It would have been obvious to one of ordinary skill of art before the effective filling date of the claimed invention to have modified the automated adapting of an adjustment of a mirror surface, as taught by Okuda and Wagner, with the memorized user profile, as taught by Lee, for the purpose of providing a way to adjust the driver's seat automatically to help the person get in (¶0023).
Okuda teaches, as in claim 12, wherein the spatial coordinates of the eye point are estimated with the aid of the spatial coordinates of the vehicle seat (Fig. 4. 203 and 208; ¶0037 “ECU 102 determines the coordinates (
D
H
r
x
D
H
r
y
,
D
H
r
z
) of the head rest portion 306 of the driver's seat 300, the coordinates may be stored in a memory of the ECU”; ¶0041 “the ECU 102 indicative of the coordinates of the point 122 on the driver's head 120 in either spherical polar coordinates (e.g., (
H
r
,
H
θ
.,
H
ф
) or rectangular (e.g., (Hx., Hy, Hz)) coordinates.” and ¶0054 “using both the position of the driver's seat and the location of the driver's head”).
Okuda teaches, as in claim 13, wherein the spatial coordinates of the eye point are estimated with the aid of the spatial coordinates of the headrest of the vehicle seat (Fig. 4. 203 and 208; ¶0037 “ECU 102 determines the coordinates (
D
H
r
x
D
H
r
y
,
D
H
r
z
) of the head rest portion 306 of the driver's seat 300, the coordinates may be stored in a memory of the ECU”; ¶0041 “the ECU 102 indicative of the coordinates of the point 122 on the driver's head 120 in either spherical polar coordinates (e.g., (
H
r
,
H
θ
.,
H
ф
) .) or rectangular (e.g., (Hx., Hy, Hz)) coordinates.” and ¶0054 “using both the position of the driver's seat and the location of the driver's head…the position of the driver's seat 300 (and therefore an approximation of the location of the driver's head) is determined by determining the position of the head rest portion 306 of the driver's seat 300”).
Allowable Subject Matter
Claims 5, 15 and 16 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art fails to simultaneously teach all the limitations of claim 5 which includes wherein the spatially unchanging component having known spatial coordinates in the interior of the motor vehicle is a handle of the motor vehicle.
The prior art fails to simultaneously teach all the limitations of claim 15 which includes wherein the spatial coordinates of the eye point are determined by ultra-wide-band sensors.
The prior art fails to simultaneously teach all the limitations of claim 16 which includes further comprising correcting the adjustment of the mirror surface, and with the aid of the correction, ascertaining whether the adjustment was done correctly, and providing the correction to a correction algorithm for the correcting of the method.
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 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 JOURNEY F SUMLAR whose telephone number is (571)270-0656. The examiner can normally be reached M-F 8-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky Mack can be reached at 571-272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOURNEY F. SUMLAR
Examiner
Art Unit 2872
02 March 2026
/SHARRIEF I BROOME/Primary Examiner, Art Unit 2872