DETAIL
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 1-3 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.
Newly added claims 60-86 contain subject matter that was previously subject to a species election. Since these newly added claims contain subject matter that was previously non-elected, the claims are subject to election by original presentation. Hence, claims 60-86 are withdrawn from consideration and prosecution will proceed with claims 1-3 pending.
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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Baur et al. (US20120154591A1) (hereinafter Baur) in further view of Stimel, Jr et al. (20120062741), hereinafter “Stimel”.
Note: Secor (US5289321A) (hereinafter referred to as Secor) and Weller et al. (APPL-NO: 12/091525; PGPUB: US20090015736A1) (hereinafter referred to as Weller) and McCabe et al. (US7255451B2) (hereinafter referred to as McCabe) and Hutzel et al. (US6902284B2) (hereinafter referred to as Hutzel) and Hutzel et al. (APP. No. 10/538,724, PGPUB: US20060050018A1) (hereinafter referred to as Hutzel018) and Schofield et al. (US6690268B2) (hereinafter referred to as Schofield) and DeWind et al. (US7370983B2) (hereinafter referred to as DeWind) and are incorporated by references in Baur (see Baur: Para 0003, 0126, 0123, 0092, 0086, 0068 and 0063, respectively). These references are treated as part of the specification of Baur (see M.P.E.P 2163.07 (b)).
Regarding Claim 1, Baur meets the limitations as follows:
A mirror system [i.e. Fig. 6, 19 and associated text] for enhanced viewing by a vehicle operator of areas within or exterior to a bus, truck or transit vehicle comprising:
a mirror unit for a bus, truck or transit vehicle; [i.e. video display screen 16 is disposed at an interior rearview mirror assembly 20 of the vehicle; Fig. 6, 11A-B, and associated text, Para 0042, video images captured by the rearward facing reverse backup camera are fed (such as via a twisted wire pair or wireless communication to an interior video mirror assembly; Para 0076]
one or more object detection devices mounted on or in the vehicle and configured to detect an object [i.e. Baur: rearward facing camera 12; FIGS. 1 and 1A and associated text, Para 004, radar sensing device or system or object detection system of the vehicle; Para 0051, video processor comprises object detection machine vision image processing a combined rear backup aid/side blind spot monitoring system may be provided for a vehicle utilizing the same or common rear backup camera and interior video mirror combination already present on the vehicle for the camera-based rear backup system alone.; Para 0051, 0076, the vision and display system may include a forward facing camera or image sensor for detecting road signs ahead of the equipped vehicle, whereby the video display screen may be operable to display images or iconistic representations of detected signs to enhance the driver's cognitive awareness of the presence of such signs to enhance the drivers awareness of the driving situation or road condition or situation that the vehicle is approaching.; Para 0080, image processor so provided may be operable for machine vision analysis of the multiple video feeds/merged composite image so as to perform functions such as vehicle detection in the vicinity of the equipped vehicle, pedestrian detection in the vicinity of the equipped vehicle and/or object detection in the vicinity of the equipped vehicle.; Para 0092, Weller: a video camera may be mounted or located at a rear portion of a vehicle and may capture video images of a scene occurring exteriorly and rearwardly of the vehicle and the image data may be communicated wirelessly to an image processor located remotely from the rear of the vehicle, such as at an interior rearview mirror assembly of the vehicle. The image processor may process the image data to detect objects in the scene to assist the driver in safely reversing or backing up the vehicle. The image processor may be an existing processor that is located at or near the interior rearview mirror for processing images captured from an existing forward facing imaging sensor or camera with a forward field of view.; Para 0191, when the vehicle is shifted into reverse and/or traveling in reverse. Thus, the image processor can be operable to multi-task and receive and process a video feed from a rearward facing video camera to display the rearward scene and/or to detect objects in the rearward scene. While such a processor may be implemented at the rearward facing camera, it is efficient and less costly to implement a single processor at either the forward or rearward facing camera (and preferably at the forward facing camera at or near the interior rearview mirror assembly or accessory module where the video display may be located) and to thus use only one processor for processing image data from both cameras.; Para 0192, Optionally, the driver side exterior rearview mirror 718b and/or the passenger side exterior rearview mirror 718c may also or otherwise include or be associated with a respective side mounted imaging sensor or camera 720, 722, which is/are operable to communicate image data to the display device 716; Fig. 45 and associated text, Para 0193 ] and
transmit one or more video feeds responsive to at least one of an automatically selectable view or a manually selectable view, wherein a display of the one or more video feeds is optionally responsive to one or more triggering signals; [i.e. Baur: when the driver activates either the right or left turn signal or indicator, the reverse aid camera may be activated and the video display screen may display images of the side lane blind spot area of the vehicle utilizing the reverse aid camera.; Para 0074, imaging sensor or camera may be activated and the display screen may be activated in response to the vehicle shifting into reverse, such that the display screen is viewable by the driver and is displaying an image of the rearward scene while the driver is reversing the vehicle.; Para 0089, video processor or video decoder may receive video feeds from multiple cameras at the equipped vehicle (such as a rearward facing camera at the rear of the vehicle, one or more forward facing cameras at the front of the vehicle (such as at the front fender or bumper of the vehicle) and one or more sideward facing cameras at the sides of the vehicle, such as at the side exterior rearview mirror assemblies of the vehicle) and may process the video image data and seamlessly merge the image data or images in the multiple video feeds to generate, for display on a single video display screen, a surround view or top-view or panoramic view or "birds-eye" view of the area at and around the equipped vehicle,; Para 0091-0092, Weller: vehicle is shifted into reverse, image processor can be operable to multi-task and receive and process a video feed from a rearward facing video camera to display the rearward scene and/or to detect objects in the rearward scene.; Para 0192]
a light sensor configured to sense an ambient light level and at least one of: mounted to the vehicle or integrated in said one or more object detection devices; [i.e. Baur: an ambient light sensor may be provided on one or more circuit boards of the mirror assembly; Para 0118, Weller: the photosensor or ambient light sensor may be located behind the display zone region or the sensor may be located elsewhere; Para 0127]
a delay timer enabling at least one of the plurality of object detection devices to continue to transmit video for a predetermined time; [i.e. DeWind: extend and/or activate the display when the reverse gear of the vehicle is engaged, and may maintain the display in the extended/activated state, even if the vehicle is shifted into the "drive" gear or any forward gear, until a threshold criteria is met, such as about 5 seconds or about 10 seconds or any other threshold time period after disengaging the reverse gear, thereby The camera or imaging device and system may also remain activated so that the rearward image is displayed and viewable at the display during the reverse maneuverings and short term forward movements., c. 43, l. 20-65] and
a light source at least one of: integrated in said light sensor, integrated in said one or more object detection image capture devices, or mounted to the exterior of the vehicle. [i.e. Weller: display or control may provide a pedestrian detection alert to alert the driver of the vehicle of a pedestrian at or near the path of the vehicle. The control system and/or vehicle may also provide a night vision system and/or object detection system and a smart forward lighting system (such as a system that provides control and/or activation/deactivation of exterior lights; Para 0196, Schofield: a single high-intensity LED can be combined with a reflector element and a lens to form a high-intensity LED security light module capable of directing an intense white light beam of light (or any other color) from an exterior mirror assembly to illuminate the ground adjacent an entry door of the vehicle in order to provide a security lighting function. Also, a single high-intensity LED (for example, a single white light emitting LED or a red light emitting or any other colored light emitting diode passing about 350 mA and emitting white light with a luminous efficiency of at least about 3 lumens per watt, and with a light pattern of about 120° or so) can be combined with a reflector element and a lens (and optionally with high-intensity and/or conventional near-IR light emitting diodes), and be used in conjunction 15 with a reversing or forward parking camera mounted on the exterior of a vehicle (such as at a license plate holder) in order to provide illumination for the, for example, reversed camera when reversing at night; c. 140, l. 64-c. 141, l. 19]
However, Baur fails to disclose the specifics of the delay timer as claimed. Stimel teaches that in most cases images from camera systems are only available when the vehicle is in reverse (Stimel: paragraph 0005). To help alleviate this problem Stimel teaches a camera system that one or more object detection devices continue to transmit video for a predetermined time responsive to a predetermined criteria including at least one of: a motion detector is triggered (Stimel: paragraph 0033, wherein the video camera transmits video data when motion has been detected). Therefore it would have been obvious to one having ordinary skill in the art at the time the invention was filed to take the apparatus discloses by Baur and add the processing taught by Stimel in order to obtain an apparatus that can transmit images at all times for a vehicle.
Regarding Claim 2, Note the Rejection for claim 1, wherein Baur further discloses
A mirror system according to claim 1, further comprising a vehicle computer controlling one or more vehicle functions including movement of the vehicle, wherein when at least one of the one or more object detection devices detects the object, object detection data is transmitted to the vehicle computer to prevent the vehicle from movement. [i.e. Weller: when the vehicle is shifted into a reverse gear, the processor may receive and process image data from the rearward facing camera and a rear video scene with graphic overlays may be displayed on video display screen, an alert may be communicated to the driver of the vehicle if a child or object is in the field of view of the camera and is in danger of being hit by the vehicle as the vehicle travels rearward (for example, a visual overlay or prompt may be displayed at the video screen initially, and an audible signal may be communicated if a greater or threshold danger condition is detected. Automatic braking of the vehicle may be provided for situations where the driver of the vehicle may not react to imminent danger of impact with a detected child or object at the rear of the vehicle.; Para 0195]
Regarding Claim 3, Note the Rejection for claim 1 and 2, wherein Baur further discloses
A mirror system according to claim 2, wherein said object detection data is transmitted to the vehicle computer to prevent the vehicle from moving Baur: image data captured by the forward facing camera 114 and may detect the presence of typical road signs, such as a stop sign, a yield sign and/or the like. The video display screen may display the detected road sign; Para 0081-0083, Weller: when the vehicle is not placed in reverse, the processor may receive and process image data from a forward facing video camera, may provide a pedestrian detection alert to alert the driver of the vehicle of a pedestrian at or near the path of the vehicle.; Para 0196, Automatic braking of the vehicle may be provided for situations where the driver of the vehicle may not react to imminent danger of impact with a detected child or object at the rear of the vehicle.; Para 0195]
Baur does not explicitly disclose the following claim limitations:
… prevent the vehicle from moving forward.
However, Baur discloses an automatic braking system for situations where the driver of the vehicle may not react to imminent danger, such as child or object at the rear of the vehicle. Baur further discloses forward camera recognizing a stop sign, a pedestrian or object in front of the vehicle. Therefore, from the above teachings of Baur, it would have been obvious to the person of ordinary skill in the art before the effective filing date of the claimed invention to modify the system disclosed by Baur an automatic braking system for rearward situations where the driver of the vehicle may not react to imminent danger such as child or object detected in the rearward of the vehicle, to an automatic braking system for forward situations where the driver of the vehicle may not react to imminent danger such as stop sign, pedestrian or object detected in the forward of the vehicle, and thereby preventing the vehicle from moving forward.
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 DAVE J CZEKAJ whose telephone number is (571)272-7327. The examiner can normally be reached 8-6:00 Monday-Thursday and every other Friday.
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, please contact Jamie Atala at 571-272-7384. 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.
/Dave Czekaj/Supervisory Patent Examiner, Art Unit 2487