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 the Applicant’s arguments
The previous rejection is withdrawn. Applicant’s amendments are entered. Applicant’s remarks are also entered into the record. A new search was made necessitated by the applicant’s amendments.
A new reference was found. A new rejection is made herein.
Applicant’s arguments are now moot in view of the new rejection of the claims.
Claim 1 is amended to recite and KLOSTERMANN is silent but Pandit teaches “....cause a light of a particular type of a parked vehicle to illuminate the path, the parked vehicle being different from the vehicle. vehicle, the particular type being characterized by at least one of: an illumination pattern of the light, a measurement of a luminous intensity of the light being greater than a threshold luminous intensity, a color of the light being a specific color, the light having a flashing ability, or a light system having an ability to adjust the luminous intensity of the light in response to at least one of a measurement of an ambient lighting or a preference of the individual.” (see col 11, line 55 to col. 12, line 10 where the user may be in the parking lot and the autonomous vehicle that is parked can start to flash its lights and also provide a honking sound and also provide a visual message to direct the user and while the second vehicles do not make any sound nor flashing lights to distinguish)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the teachings of PANDIT with the disclosure of KOSTERMANN with a reasonable expectation of success since PANDIT teaches that a user can be directed to the parking lot have a number of autonomous vehicles present. A first autonomous vehicle can then start flashing its lights and provide a honking message and then provide a visual sign to direct the user to the correct location. See col 11, line 55 to col. 12, line 10.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-16 are rejected under 35 U.S.C. Sec. 103 as being unpatentable as obvious in view of German Patent Pub. No.: DE102023202502A1 to Kostermann et al. that was filed in 3-21-2023 (hereinafter “KLOSTERMANN”) and in view of United States Patent Application Pub. No.: US 20220148427 A1 to Emadi et al. filed in 2017 and in view of U.S. Patent No.: 11155205 B2 to Pandit et al. that was filed in 2019.
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Kostermann discloses “...1. A system, comprising:
a processor; and
a memory storing: (see claims 1-10 where each vehicle has 1. A depth sensor that can detect a car and pedestrian and a processor and a memory to communicate with another vehicle to illuminate all headlights in the parking lot to provide a safe path for a pedestrian)
a location determination module including instructions that, when executed by the processor, cause the processor to determine a location of an individual and a location of a vehicle associated with the individual; (see FIG. 1-3 where the parked vehicle has a 3d sensor to determine a pedestrian; In a further preferred embodiment of the invention, the sensor data includes an approach or a distance of persons previously assigned to the vehicle for appropriate lighting of the parking space and/or the position of at least one area of the parking space for targeted lighting of the area. Sensor data about an approach or a distance of persons assigned to the vehicle can be used to enable individualized parking space lighting for entry or exit in relation to the ego vehicle. Areas of the parking space that are intended for targeted lighting can be, for example, danger spots, the direction of an elevator or a stairwell belonging to the parking space, a payment station (for example a parking ticket machine) or other areas that need to be specially marked. In order to be able to illuminate these accordingly, their positions and their respective relevance must be known. In addition to determined or transmitted sensor data, this information can also be queried, if available, preferably via a connected online system.
This means that other people, road users or obstacles that are not connected to the vehicle can be detected and illuminated to make them particularly visible to people getting in or out of the vehicle. This can help prevent a collision with a cyclist or tripping over a curb.)
a path determination module including instructions that, when executed by the processor, cause the processor to determine at least one path from the location of the individual to the location of the vehicle; (see FIG. 1 where In a further preferred embodiment of the invention, the sensor data includes an approach or a distance of persons previously assigned to the vehicle for appropriate lighting of the parking space and/or the position of at least one area of the parking space for targeted lighting of the area. Sensor data about an approach or a distance of persons assigned to the vehicle can be used to enable individualized parking space lighting for entry or exit in relation to the ego vehicle. Areas of the parking space that are intended for targeted lighting can be, for example, danger spots, the direction of an elevator or a stairwell belonging to the parking space, a payment station (for example a parking ticket machine) or other areas that need to be specially marked. In order to be able to illuminate these accordingly, their positions and their respective relevance must be known. In addition to determined or transmitted sensor data, this information can also be queried, if available, preferably via a connected online system.)
a safety evaluation module including instructions that, when executed by the processor, cause the processor to determine a path, of the at least one path, based at least in part on a measurement of a safety criterion; and (see FIG. 1 where the parked cars PRB, PRB and PRB can provide a lighted path for the user to walk safely and the vehicle 10 can be moving to the left and the PRB vehicle can illuminate an arrow so a pedestrian can avoid that path)
a communications module including instructions that, when executed by the processor, cause the processor to cause a light of a parked vehicle to illuminate the path, the parked vehicle being different from the vehicle. (see FIG. 1-3 where In a preferred embodiment of the invention, the determination is carried out via Car2X, another near-field communication or via a connected online system. Near-field communication such as Car2X has the advantage that the information exchanged can be processed locally and no online connection is required. This is advantageous for data protection reasons, and the system can also be used in areas with poor or no internet connection (for example in the mountains or in forests). It is preferred that the determination is carried out via a connected online system and only via near-field communication if this is not available. However, both systems can also be used in parallel for determination if required.
Instead of implementing the ambient lighting of a vehicle exclusively with the lighting devices of the vehicle itself (i.e. the ego vehicle), other vehicles can be connected via Car2X, online connections or similar and their lighting devices can be used (networked parking space lighting). In the simplest case, a second vehicle parked to the side of or behind the ego vehicle can be informed via Car2X that it should switch on its main headlights for a certain specified duration of the ambient lighting. The driver of the ego vehicle then benefits from the powerful ambient lighting provided by the second vehicle without additional operating steps being necessary or the material costs for the ego vehicle increasing significantly.)”.
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EMADI teaches “...a communications module including instructions that, when executed by the processor, cause the processor to cause:
a representation of the path to be presented on a communications device of the individual; and...”. (see paragraph 87 where FIGS. 9-12, 9-13, and 9-14 show on mobile communication device 20, respectively, a screenshot indicating the vehicle driver's selecting the Get Directions button for driving directions to the selected parking area, a screenshot of the driving route superimposed on a Google Maps street map in response to the request for directions, and a city street map indicating the vehicle has reached the desired parking area).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the teachings of EMADI with the disclosure of KOSTERMANN with a reasonable expectation of success since EMADI teaches that a user can purchase a parking spot from another person and then a google maps directions from the current location to the parking spot can be provided and a fee is exchanged. See abstract and FIG. 9.
Claim 1 is amended to recite and KLOSTERMANN is silent but Pandit teaches “....cause a light of a particular type of a parked vehicle to illuminate the path, the parked vehicle being different from the vehicle. vehicle, the particular type being characterized by at least one of: an illumination pattern of the light, a measurement of a luminous intensity of the light being greater than a threshold luminous intensity, a color of the light being a specific color, the light having a flashing ability, or a light system having an ability to adjust the luminous intensity of the light in response to at least one of a measurement of an ambient lighting or a preference of the individual.” (see col 11, line 55 to col. 12, line 10 where the user may be in the parking lot and the autonomous vehicle that is parked can start to flash its lights and also provide a honking sound and also provide a visual message to direct the user and while the second vehicles do not make any sound nor flashing lights to distinguish)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the teachings of PANDIT with the disclosure of KOSTERMANN with a reasonable expectation of success since PANDIT teaches that a user can be directed to the parking lot have a number of autonomous vehicles present. A first autonomous vehicle can then start flashing its lights and provide a honking message and then provide a visual sign to direct the user to the correct location. See col 11, line 55 to col. 12, line 10.
Kostermann discloses “...2. The system of claim 1, wherein the safety criterion is with respect to an aspect of the path or the individual, the aspect being at least one of:
at least one of a characteristic or a condition of a road surface along the path, or
at least one of a characteristic or a condition of the individual”. (see FIG. 1-2 where the driver of the vehicle can be detected and the occupant also can be detected and the third vehicle can illuminate to remove the bags at the trunk of the vehicle; The sensor data of the vehicle 10 and/or the connected vehicles 20, 30, 40, 50, 60 to be evaluated to determine the need for parking space lighting PRB and/or to create an optimized lighting plan can include passenger localization and/or load detection in the vehicle 10 for corresponding lighting. In the example shown, it is assumed that two persons 16 assigned to the vehicle were detected. This could be, for example, the driver and a passenger of the vehicle 10, whereby the driver in the representation is still directly next to the vehicle 10 and the passenger has already left the vehicle 10 in the direction of area A. It is also assumed that sensors have detected that there is a piece of luggage in the trunk of the vehicle 10. Due to this constellation, the lighting scenario shown can arise, whereby the second connected vehicle 30 illuminates area A in the direction of movement of the passenger (for example, lighting is provided according to 1 ) and the driver to assist in the removal of luggage by the third connected vehicle 40, the trunk of the vehicle 10 is illuminated to the maximum. As an example, specific lighting of the floor area on the driver's side by the fifth connected vehicle 60 is also shown as possible assistance for safely exiting the vehicle 10.)
Kostermann discloses “...3. The system of claim 2, wherein the safety evaluation module further includes instructions to determine the aspect”. (see FIG. 1-3 where In a further preferred embodiment of the invention, it is provided that sensor data from the vehicle and/or the connected vehicles in the area of the parking space are evaluated in order to determine the need for parking space lighting and/or to create an optimized lighting plan. For this purpose, in addition to brightness and rain sensors, information from 3D depth sensors and existing image sensors can also be queried and evaluated. For example, the sensor data from 3D depth sensors and image sensors can be used to detect free parking spaces in the parking space. However, such sensor data can also be used to monitor the parking space for possible danger spots (for example from people or animals) in order to create an optimized lighting plan.
In a further preferred embodiment of the invention, the sensor data includes passenger localization and/or load detection in the vehicle for appropriately adjusted lighting. This means that a lighting plan can be created depending on the occupancy and/or loading of the vehicle. For example, if only the driver's seat and a rear seat of the vehicle are occupied, the focus of ambient lighting for the ego vehicle intended to support the two people getting out can be placed on the corresponding exit areas. Loading the trunk of the vehicle can indicate (particularly near an airport, for example) that lighting the rear area of the vehicle might be necessary for unloading. The same applies when loading a roof rack or a bicycle holder. The vehicle requesting the lighting can thus recognize which seats are occupied and corresponding doors/exit zones can be specifically illuminated.
In a further preferred embodiment of the invention, the sensor data includes an approach or a distance of persons previously assigned to the vehicle for appropriate lighting of the parking space and/or the position of at least one area of the parking space for targeted lighting of the area. Sensor data about an approach or a distance of persons assigned to the vehicle can be used to enable individualized parking space lighting for entry or exit in relation to the ego vehicle. Areas of the parking space that are intended for targeted lighting can be, for example, danger spots, the direction of an elevator or a stairwell belonging to the parking space, a payment station (for example a parking ticket machine) or other areas that need to be specially marked. In order to be able to illuminate these accordingly, their positions and their respective relevance must be known. In addition to determined or transmitted sensor data, this information can also be queried, if available, preferably via a connected online system.
This means that other people, road users or obstacles that are not connected to the vehicle can be detected and illuminated to make them particularly visible to people getting in or out of the vehicle. This can help prevent a collision with a cyclist or tripping over a curb.)
Kostermann discloses “...4, The system of claim 3, wherein the instructions to determine the aspect include instructions to determine, using an object recognition technique, the aspect. (see FIG. 1-3 where In a further preferred embodiment of the invention, it is provided that sensor data from the vehicle and/or the connected vehicles in the area of the parking space are evaluated in order to determine the need for parking space lighting and/or to create an optimized lighting plan. For this purpose, in addition to brightness and rain sensors, information from 3D depth sensors and existing image sensors can also be queried and evaluated. For example, the sensor data from 3D depth sensors and image sensors can be used to detect free parking spaces in the parking space. However, such sensor data can also be used to monitor the parking space for possible danger spots (for example from people or animals) in order to create an optimized lighting plan.
In a further preferred embodiment of the invention, the sensor data includes passenger localization and/or load detection in the vehicle for appropriately adjusted lighting. This means that a lighting plan can be created depending on the occupancy and/or loading of the vehicle. For example, if only the driver's seat and a rear seat of the vehicle are occupied, the focus of ambient lighting for the ego vehicle intended to support the two people getting out can be placed on the corresponding exit areas. Loading the trunk of the vehicle can indicate (particularly near an airport, for example) that lighting the rear area of the vehicle might be necessary for unloading. The same applies when loading a roof rack or a bicycle holder. The vehicle requesting the lighting can thus recognize which seats are occupied and corresponding doors/exit zones can be specifically illuminated.
In a further preferred embodiment of the invention, the sensor data includes an approach or a distance of persons previously assigned to the vehicle for appropriate lighting of the parking space and/or the position of at least one area of the parking space for targeted lighting of the area. Sensor data about an approach or a distance of persons assigned to the vehicle can be used to enable individualized parking space lighting for entry or exit in relation to the ego vehicle. Areas of the parking space that are intended for targeted lighting can be, for example, danger spots, the direction of an elevator or a stairwell belonging to the parking space, a payment station (for example a parking ticket machine) or other areas that need to be specially marked. In order to be able to illuminate these accordingly, their positions and their respective relevance must be known. In addition to determined or transmitted sensor data, this information can also be queried, if available, preferably via a connected online system.
This means that other people, road users or obstacles that are not connected to the vehicle can be detected and illuminated to make them particularly visible to people getting in or out of the vehicle. This can help prevent a collision with a cyclist or tripping over a curb.)
Kostermann discloses “...5. The system of claim 4, wherein the object recognition technique comprises at least one of a posture detection technique or a posture recognition technique. (see Fig 1-3 where the 3d sensor can detect a vehicle is being exited and then the illumination can occur or a person is riding a bike and the bike is approaching and an illumination is required; In a further preferred embodiment of the invention, the sensor data includes passenger localization and/or load detection in the vehicle for appropriately adjusted lighting. This means that a lighting plan can be created depending on the occupancy and/or loading of the vehicle. For example, if only the driver's seat and a rear seat of the vehicle are occupied, the focus of ambient lighting for the ego vehicle intended to support the two people getting out can be placed on the corresponding exit areas. Loading the trunk of the vehicle can indicate (particularly near an airport, for example) that lighting the rear area of the vehicle might be necessary for unloading. The same applies when loading a roof rack or a bicycle holder. The vehicle requesting the lighting can thus recognize which seats are occupied and corresponding doors/exit zones can be specifically illuminated.
In a further preferred embodiment of the invention, the sensor data includes an approach or a distance of persons previously assigned to the vehicle for appropriate lighting of the parking space and/or the position of at least one area of the parking space for targeted lighting of the area. Sensor data about an approach or a distance of persons assigned to the vehicle can be used to enable individualized parking space lighting for entry or exit in relation to the ego vehicle. Areas of the parking space that are intended for targeted lighting can be, for example, danger spots, the direction of an elevator or a stairwell belonging to the parking space, a payment station (for example a parking ticket machine) or other areas that need to be specially marked. In order to be able to illuminate these accordingly, their positions and their respective relevance must be known. In addition to determined or transmitted sensor data, this information can also be queried, if available, preferably via a connected online system.
This means that other people, road users or obstacles that are not connected to the vehicle can be detected and illuminated to make them particularly visible to people getting in or out of the vehicle. This can help prevent a collision with a cyclist or tripping over a curb.)
Klostermann discloses “..6. The system of claim 2, wherein:
the at least one of the characteristic or the condition of the road surface along the path comprises at least one of
a hazard or an obstacle along the path, and(see Fig 1-3 where the 3d sensor can detect a vehicle is being exited and then the illumination can occur or a person is riding a bike and the bike is approaching and an illumination is required; In a further preferred embodiment of the invention, the sensor data includes passenger localization and/or load detection in the vehicle for appropriately adjusted lighting. This means that a lighting plan can be created depending on the occupancy and/or loading of the vehicle. For example, if only the driver's seat and a rear seat of the vehicle are occupied, the focus of ambient lighting for the ego vehicle intended to support the two people getting out can be placed on the corresponding exit areas. Loading the trunk of the vehicle can indicate (particularly near an airport, for example) that lighting the rear area of the vehicle might be necessary for unloading. The same applies when loading a roof rack or a bicycle holder. The vehicle requesting the lighting can thus recognize which seats are occupied and corresponding doors/exit zones can be specifically illuminated.
In a further preferred embodiment of the invention, the sensor data includes an approach or a distance of persons previously assigned to the vehicle for appropriate lighting of the parking space and/or the position of at least one area of the parking space for targeted lighting of the area. Sensor data about an approach or a distance of persons assigned to the vehicle can be used to enable individualized parking space lighting for entry or exit in relation to the ego vehicle. Areas of the parking space that are intended for targeted lighting can be, for example, danger spots, the direction of an elevator or a stairwell belonging to the parking space, a payment station (for example a parking ticket machine) or other areas that need to be specially marked. In order to be able to illuminate these accordingly, their positions and their respective relevance must be known. In addition to determined or transmitted sensor data, this information can also be queried, if available, preferably via a connected online system.
This means that other people, road users or obstacles that are not connected to the vehicle can be detected and illuminated to make them particularly visible to people getting in or out of the vehicle. This can help prevent a collision with a cyclist or tripping over a curb.)
the instructions to cause the light if the particular type of the parked vehicle to illuminate the path include instructions to cause light of the particular type to illuminate the at least one of the hazard or the obstacle, the particular type being further characterized by a light system having an ability to aim a beam of the light”. (see FIG. 1 where an arrow can be projected by a second vehicle to show that a first vehicle is turning)
Klostermann discloses “..7. The system of claim 1, wherein the path determination module further includes instructions to determine that a measurement of a narrowest width of the path is greater than a width needed by the individual to traverse the path”. (see Fig. 1 where an optimized plan is provided for the user to move between the vehicles in the parking garage; An optimized lighting plan is then to be created by evaluating the lighting options determined. However, the exact type of optimization is not important for the present invention; rather, it can be adapted to the respective requirements in the individual case.
For example, one optimization criterion could be the maximum illumination of the parking space (or an area of it); in this case, in the simplest case, all available lighting options could be combined with one another. Another optimization criterion could concern the specific illumination of a precisely defined area on or around the vehicle. In this case, the creation of the lighting plan can include a targeted selection and compilation of individual lighting options.
A lighting plan can also include a time component depending on certain events. However, a lighting plan should not be a rigidly predetermined lighting scenario; rather, the lighting plan should be able to be continuously adapted to the respective requirements and also react accordingly to unforeseen dangerous situations. It should also preferably be possible to take into account a change in the availability of the connected vehicles in real time, for example if one of the connected vehicles leaves its previous parking space, new vehicles become available or the energy storage of one of the vehicles involved falls below a certain lower threshold. )
Klostermann discloses “...8. The system of claim 1, wherein the safety evaluation module further includes instructions to determine an ability of the parked vehicle to illuminate the path”. (see Fig. 1 where an optimized plan is provided for the user to move between the vehicles in the parking garage; An optimized lighting plan is then to be created by evaluating the lighting options determined. However, the exact type of optimization is not important for the present invention; rather, it can be adapted to the respective requirements in the individual case.
For example, one optimization criterion could be the maximum illumination of the parking space (or an area of it); in this case, in the simplest case, all available lighting options could be combined with one another. Another optimization criterion could concern the specific illumination of a precisely defined area on or around the vehicle. In this case, the creation of the lighting plan can include a targeted selection and compilation of individual lighting options.
A lighting plan can also include a time component depending on certain events. However, a lighting plan should not be a rigidly predetermined lighting scenario; rather, the lighting plan should be able to be continuously adapted to the respective requirements and also react accordingly to unforeseen dangerous situations. It should also preferably be possible to take into account a change in the availability of the connected vehicles in real time, for example if one of the connected vehicles leaves its previous parking space, new vehicles become available or the energy storage of one of the vehicles involved falls below a certain lower threshold. )
(see Fig. 1 where an optimized plan is provided for the user to move between the vehicles in the parking garage; An optimized lighting plan is then to be created by evaluating the lighting options determined. However, the exact type of optimization is not important for the present invention; rather, it can be adapted to the respective requirements in the individual case.
For example, one optimization criterion could be the maximum illumination of the parking space (or an area of it); in this case, in the simplest case, all available lighting options could be combined with one another. Another optimization criterion could concern the specific illumination of a precisely defined area on or around the vehicle. In this case, the creation of the lighting plan can include a targeted selection and compilation of individual lighting options.
A lighting plan can also include a time component depending on certain events. However, a lighting plan should not be a rigidly predetermined lighting scenario; rather, the lighting plan should be able to be continuously adapted to the respective requirements and also react accordingly to unforeseen dangerous situations. It should also preferably be possible to take into account a change in the availability of the connected vehicles in real time, for example if one of the connected vehicles leaves its previous parking space, new vehicles become available or the energy storage of one of the vehicles involved falls below a certain lower threshold. )
Klostermann discloses “...9. The system of claim 8, wherein the ability of the parked vehicle to illuminate the path is a function of information associated with the parked vehicle, the information being at least one of: a location of the parked vehicle, a model of the parked vehicle,
a body style of the parked vehicle,
a trim level of the parked vehicle, or
information about the light of the parked vehicle”. (see Fig. 1 where an optimized plan is provided for the user to move between the vehicles in the parking garage; An optimized lighting plan is then to be created by evaluating the lighting options determined. However, the exact type of optimization is not important for the present invention; rather, it can be adapted to the respective requirements in the individual case.
For example, one optimization criterion could be the maximum illumination of the parking space (or an area of it); in this case, in the simplest case, all available lighting options could be combined with one another. Another optimization criterion could concern the specific illumination of a precisely defined area on or around the vehicle. In this case, the creation of the lighting plan can include a targeted selection and compilation of individual lighting options.
A lighting plan can also include a time component depending on certain events. However, a lighting plan should not be a rigidly predetermined lighting scenario; rather, the lighting plan should be able to be continuously adapted to the respective requirements and also react accordingly to unforeseen dangerous situations. It should also preferably be possible to take into account a change in the availability of the connected vehicles in real time, for example if one of the connected vehicles leaves its previous parking space, new vehicles become available or the energy storage of one of the vehicles involved falls below a certain lower threshold. )
Klostermann discloses “...10. The system of claim 8, wherein:
the parked vehicle comprises at least one of an electric vehicle or a hybrid electric vehicle, and
the instructions to determine the ability of the parked vehicle to illuminate the path include instructions to determine a state of a charge of an electric vehicle battery of the parked vehicle”. (see Fig. 1 where an optimized plan is provided for the user to move between the vehicles in the parking garage; An optimized lighting plan is then to be created by evaluating the lighting options determined. However, the exact type of optimization is not important for the present invention; rather, it can be adapted to the respective requirements in the individual case.
For example, one optimization criterion could be the maximum illumination of the parking space (or an area of it); in this case, in the simplest case, all available lighting options could be combined with one another. Another optimization criterion could concern the specific illumination of a precisely defined area on or around the vehicle. In this case, the creation of the lighting plan can include a targeted selection and compilation of individual lighting options. A lighting plan can also include a time component depending on certain events. However, a lighting plan should not be a rigidly predetermined lighting scenario; rather, the lighting plan should be able to be continuously adapted to the respective requirements and also react accordingly to unforeseen dangerous situations. It should also preferably be possible to take into account a change in the availability of the connected vehicles in real time, for example if one of the connected vehicles leaves its previous parking space, new vehicles become available or the energy storage of one of the vehicles involved falls below a certain lower threshold. ) (see FIG. 1-2 where A lighting plan can also include a time component depending on certain events. However, a lighting plan should not be a rigidly predetermined lighting scenario; rather, the lighting plan should be able to be continuously adapted to the respective requirements and also react accordingly to unforeseen dangerous situations. It should also preferably be possible to take into account a change in the availability of the connected vehicles in real time, for example if one of the connected vehicles leaves its previous parking space, new vehicles become available or the energy storage of one of the vehicles involved falls below a certain lower threshold. )
Klostermann discloses “...11. The system of claim 8, wherein:
the parked vehicle comprises a plurality of parked vehicles, and
the instructions to determine the ability of the parked vehicle to illuminate the path include instructions to determine the ability of each of the plurality of parked vehicles to illuminate a corresponding segment of the path”. (see Fig. 1 where all vehicles in the lot can illuminate the path)
Klosterman discloses “..12. The system of claim 11, wherein:
the path comprises a plurality of paths, and
the instructions to cause the light of the parked vehicle to illuminate the path include:
instructions to cause a first of the plurality of vehicles to illuminate a specific path of the plurality of paths; and instructions to cause a second of the plurality of vehicles to illuminate at least one
other path of the plurality of paths”. (see Fig .1 where the arrow can show where the vehicle is moving and this is a path that the pedestrian must avoid while a second path is shown at the bottom of the figure that is clear)
Klostermann discloses “..13. The system of claim 12, wherein:
the safety evaluation module further includes instructions to determine a preference of the individual for the specific path; and
the communications module further includes instructions to cause, in response to a determination of the preference, the second of the plurality of vehicles to cease to illuminate the at least one other path”. (see FIG. 1-2 where based on the information provided, the lighting options determined can then be evaluated 104 to create an optimized lighting plan. Such a lighting plan can be static or dynamically comprise a large number of lighting changes within a lighting scenario. The available lighting options can be combined with one another in a particularly advantageous manner. What is considered particularly advantageous depends on the respective system-technical implementation of the method according to the invention and preferably on selectable or fixed preferences.
Finally, the lighting plan created should be implemented 106, i.e. the previously created lighting plan should be implemented in reality accordingly. The lighting plan created can, for example, include fixed procedures, such as how the parking space lighting is adjusted when the vehicle 10 has reached certain positions in the parking space PR, or the specification of a lighting sequence determined according to specific time periods. Furthermore, the lighting plan can also include general instructions, such as what is planned if a danger point is detected during the implementation of the lighting plan or if deviations from the lighting plan occur. In particular, if there are deviations from the lighting plan, a new, optimized lighting plan can be created. Alternatively, in such cases, the entire method according to the invention can also be carried out again.
In the lighting scenario shown, the optimized lighting plan includes the selection of a free parking space P to optimize the lighting plan. To create an optimized lighting plan and thus also to determine a free parking space P, sensor data from the vehicle 10 and/or the connected vehicles 20, 30, 40, 50, 60 in the area of the parking space PR can be evaluated. In particular, the third connected vehicle 40 could have detected the unoccupied parking space P directly opposite with the help of a front camera as an image sensor and transmitted this to the vehicle 10 for further evaluation. It is assumed that due to the better lighting options available, the free parking space P in the second row is preferred over the free parking space available in the first row. However, other selection criteria can also be taken into account (for example, women-only parking spaces).
The selected free parking space P can then be accessed autonomously by the vehicle 10 or, as in the case shown here, a driver of the vehicle 10 can be shown the direction for accessing via connected vehicles 20, 40 in the area of the parking space PR by appropriate lighting of the parking space PR. In particular, the lighting plan for this can include a spectral, temporal, iconographic and/or dynamic signal component. For example, in the illustration shown, the first connected vehicle 20 with appropriately adjustable matrix headlights (for example LED headlights) should be able to project a direction indicator icon to show the direction to the selected free parking space onto the ground in front of the vehicle 10 (iconographic signal component). Furthermore, the third connected vehicle 40 can, for example, look with its headlights to draw the driver of the vehicle 10's attention to the free parking space P opposite (temporal signal component). The fourth connected vehicle 50 can also use different colored light for parking space lighting PRB (spectral signal component). Furthermore, dynamic lighting of moving objects can take place (“spotlight”). In particular, the aforementioned iconographic signal component can also include a dynamic signal component, for example when the direction indicator icon moves with the moving vehicle (at least in sections).
In the example shown, the parking space lighting provided by the second connected vehicle 30 and the fourth connected vehicle 50 is not intended to directly indicate the direction to the free parking space P. Rather, these examples are intended to illustrate that the evaluated sensor data can also include the position of at least one area A, B of the parking space PR for the targeted lighting of the area A, B. In the example shown, the area A is intended to include a tree which is illuminated by the second connected vehicle 30, for example to draw attention to low hanging branches when driving past. In area B, a sensor (for example a 3D depth sensor) of the fourth connected vehicle 50 may have detected a person moving in the direction of the arrow who is not assigned to the vehicle 10. By means of appropriate lighting with different colored light, the side intended for evading or bypassing can be clearly identified (green light G in a safe bypass direction and red light R in an unsafe direction).
An optimal free parking space P (for example with regard to maximum illumination of the free parking space P or based on other/further criteria) can thus be assigned or suggested to the vehicle 10 and, depending on the respective lighting options available, the direction to approach can be indicated via connected vehicles 20, 40 in the area of the parking space PR by appropriate lighting of the parking space PR.)
Klostermann discloses “..14. The system of claim 13, wherein the instructions to determine the preference include at least one of:
instructions to determine, based on information from a sensor, the preference,
instructions to determine, based on information from a communications device, the preference, or
instructions to determine, using a machine learning technique, the preference”. (see FIG. 1-2 where based on the information provided, the lighting options determined can then be evaluated 104 to create an optimized lighting plan. Such a lighting plan can be static or dynamically comprise a large number of lighting changes within a lighting scenario. The available lighting options can be combined with one another in a particularly advantageous manner. What is considered particularly advantageous depends on the respective system-technical implementation of the method according to the invention and preferably on selectable or fixed preferences.
Finally, the lighting plan created should be implemented 106, i.e. the previously created lighting plan should be implemented in reality accordingly. The lighting plan created can, for example, include fixed procedures, such as how the parking space lighting is adjusted when the vehicle 10 has reached certain positions in the parking space PR, or the specification of a lighting sequence determined according to specific time periods. Furthermore, the lighting plan can also include general instructions, such as what is planned if a danger point is detected during the implementation of the lighting plan or if deviations from the lighting plan occur. In particular, if there are deviations from the lighting plan, a new, optimized lighting plan can be created. Alternatively, in such cases, the entire method according to the invention can also be carried out again.
In the lighting scenario shown, the optimized lighting plan includes the selection of a free parking space P to optimize the lighting plan. To create an optimized lighting plan and thus also to determine a free parking space P, sensor data from the vehicle 10 and/or the connected vehicles 20, 30, 40, 50, 60 in the area of the parking space PR can be evaluated. In particular, the third connected vehicle 40 could have detected the unoccupied parking space P directly opposite with the help of a front camera as an image sensor and transmitted this to the vehicle 10 for further evaluation. It is assumed that due to the better lighting options available, the free parking space P in the second row is preferred over the free parking space available in the first row. However, other selection criteria can also be taken into account (for example, women-only parking spaces).
The selected free parking space P can then be accessed autonomously by the vehicle 10 or, as in the case shown here, a driver of the vehicle 10 can be shown the direction for accessing via connected vehicles 20, 40 in the area of the parking space PR by appropriate lighting of the parking space PR. In particular, the lighting plan for this can include a spectral, temporal, iconographic and/or dynamic signal component. For example, in the illustration shown, the first connected vehicle 20 with appropriately adjustable matrix headlights (for example LED headlights) should be able to project a direction indicator icon to show the direction to the selected free parking space onto the ground in front of the vehicle 10 (iconographic signal component). Furthermore, the third connected vehicle 40 can, for example, look with its headlights to draw the driver of the vehicle 10's attention to the free parking space P opposite (temporal signal component). The fourth connected vehicle 50 can also use different colored light for parking space lighting PRB (spectral signal component). Furthermore, dynamic lighting of moving objects can take place (“spotlight”). In particular, the aforementioned iconographic signal component can also include a dynamic signal component, for example when the direction indicator icon moves with the moving vehicle (at least in sections).
In the example shown, the parking space lighting provided by the second connected vehicle 30 and the fourth connected vehicle 50 is not intended to directly indicate the direction to the free parking space P. Rather, these examples are intended to illustrate that the evaluated sensor data can also include the position of at least one area A, B of the parking space PR for the targeted lighting of the area A, B. In the example shown, the area A is intended to include a tree which is illuminated by the second connected vehicle 30, for example to draw attention to low hanging branches when driving past. In area B, a sensor (for example a 3D depth sensor) of the fourth connected vehicle 50 may have detected a person moving in the direction of the arrow who is not assigned to the vehicle 10. By means of appropriate lighting with different colored light, the side intended for evading or bypassing can be clearly identified (green light G in a safe bypass direction and red light R in an unsafe direction).
An optimal free parking space P (for example with regard to maximum illumination of the free parking space P or based on other/further criteria) can thus be assigned or suggested to the vehicle 10 and, depending on the respective lighting options available, the direction to approach can be indicated via connected vehicles 20, 40 in the area of the parking space PR by appropriate lighting of the parking space PR.)
Klosermann discloses “...15. The system of claim 14, wherein the instructions to determine, based on the information from the sensor, the preference include instructions to determine, from an analysis of the information from the sensor, a meaning of a body language of the individual” (see FIG. 1 where the gesture of a person seeking to load the trunk can be a signal to illuminate the trunk area; he sensor data of the vehicle 10 and/or the connected vehicles 20, 30, 40, 50, 60 to be evaluated to determine the need for parking space lighting PRB and/or to create an optimized lighting plan can include passenger localization and/or load detection in the vehicle 10 for corresponding lighting. In the example shown, it is assumed that two persons 16 assigned to the vehicle were detected. This could be, for example, the driver and a passenger of the vehicle 10, whereby the driver in the representation is still directly next to the vehicle 10 and the passenger has already left the vehicle 10 in the direction of area A. It is also assumed that sensors have detected that there is a piece of luggage in the trunk of the vehicle 10. Due to this constellation, the lighting scenario shown can arise, whereby the second connected vehicle 30 illuminates area A in the direction of movement of the passenger (for example, lighting is provided according to 1 ) and the driver to assist in the removal of luggage by the third connected vehicle 40, the trunk of the vehicle 10 is illuminated to the maximum. As an example, specific lighting of the floor area on the driver's side by the fifth connected vehicle 60 is also shown as possible assistance for safely exiting the vehicle 10.
In this lighting scenario, the other connected vehicles 20, 50 are not relevant and no additional parking space lighting is provided by them. The 1 Another person who is still in the parking space and is not assigned to the vehicle 10 does not represent a danger or an obstacle for the vehicle 10 or the persons assigned to the vehicle, so this person is not taken into account in the present lighting scenario. However, this person can still be detected, preferably continuously, for example via a sensor in the fifth connected vehicle 60. Should there be a risk of the two people colliding, for example due to a change in direction by the passenger and/or the other person, the other person should still be illuminated to signal the risk of collision. possible (with or without further special identification via a spectral, temporal, iconographic and/or dynamic signal component).) .
Klostermann discloses “..16. The system of claim 14, wherein the communications module further includes instructions to cause a signal to be sent to the communications device to cause representations of the specific path and the at least one other path to be presented on the communications device. (see Fig. 1-2 where When using appropriately controllable matrix headlights, obstacles, dangers, etc. can be highlighted instead of just illuminating them. Information about shapes (projected frames or information pictograms, etc.), light color, and flashing or moving light surfaces are preferred. In addition, the direction indicators or hazard warning lights of a connected vehicle can also be used to attract special attention by changing the light color.)”;
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 17 is rejected under 35 U.S.C. Sec. 103 as being unpatentable as obvious in view of German Patent Pub. No.: DE102023202502A1 to Kostermann et al. that was filed in 3-21-2023 and in view of German Patent Pub. No.: DE102015011212A1 to Andersson and Emadi and Pandit.
Anderson teaches “...17. The system of claim 13, wherein the safety evaluation module further includes instructions to determine a distaste of the individual for the at least one other path. (see detailed description where according to one embodiment, the method includes the steps of determining whether the vulnerable road user object and / or the oncoming vehicle have perceived the alert by means of the generated ground projection, and if not, raising the alert. This further reduces the risk of accidents”).
Claims 18-20 are rejected under 35 U.S.C. Sec. 103 as being unpatentable as obvious in view of German Patent Pub. No.: DE102023202502A1 to Kostermann et al. that was filed in 3-21-2023 and Emadi and Pandit.
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In regard to claim 18 and 20, Klostermann discloses “...18. A method, comprising:
determining, by a processor, a location of an individual and a location of a vehicle associated with the individual; (see claims 1-10 where each vehicle has 1. A depth sensor that can detect a car and pedestrian and a processor and a memory to communicate with another vehicle to illuminate all headlights in the parking lot to provide a safe path for a pedestrian)
determining, by the processor, at least one path from the location of the individual to the location of the vehicle;
determining, by the processor, a path, of the at least one path, based at least in part on a value of a measurement of a safety criterion; and ; (see FIG. 1-3 where the parked vehicle has a 3d sensor to determine a pedestrian; In a further preferred embodiment of the invention, the sensor data includes an approach or a distance of persons previously assigned to the vehicle for appropriate lighting of the parking space and/or the position of at least one area of the parking space for targeted lighting of the area. Sensor data about an approach or a distance of persons assigned to the vehicle can be used to enable individualized parking space lighting for entry or exit in relation to the ego vehicle. Areas of the parking space that are intended for targeted lighting can be, for example, danger spots, the direction of an elevator or a stairwell belonging to the parking space, a payment station (for example a parking ticket machine) or other areas that need to be specially marked. In order to be able to illuminate these accordingly, their positions and their respective relevance must be known. In addition to determined or transmitted sensor data, this information can also be queried, if available, preferably via a connected online system.
This means that other people, road users or obstacles that are not connected to the vehicle can be detected and illuminated to make them particularly visible to people getting in or out of the vehicle. This can help prevent a collision with a cyclist or tripping over a curb.)
(see FIG. 1 where In a further preferred embodiment of the invention, the sensor data includes an approach or a distance of persons previously assigned to the vehicle for appropriate lighting of the parking space and/or the position of at least one area of the parking space for targeted lighting of the area. Sensor data about an approach or a distance of persons assigned to the vehicle can be used to enable individualized parking space lighting for entry or exit in relation to the ego vehicle. Areas of the parking space that are intended for targeted lighting can be, for example, danger spots, the direction of an elevator or a stairwell belonging to the parking space, a payment station (for example a parking ticket machine) or other areas that need to be specially marked. In order to be able to illuminate these accordingly, their positions and their respective relevance must be known. In addition to determined or transmitted sensor data, this information can also be queried, if available, preferably via a connected online system.)
(see FIG. 1-3 where In a preferred embodiment of the invention, the determination is carried out via Car2X, another near-field communication or via a connected online system. Near-field communication such as Car2X has the advantage that the information exchanged can be processed locally and no online connection is required. This is advantageous for data protection reasons, and the system can also be used in areas with poor or no internet connection (for example in the mountains or in forests). It is preferred that the determination is carried out via a connected online system and only via near-field communication if this is not available. However, both systems can also be used in parallel for determination if required.
Instead of implementing the ambient lighting of a vehicle exclusively with the lighting devices of the vehicle itself (i.e. the ego vehicle), other vehicles can be connected via Car2X, online connections or similar and their lighting devices can be used (networked parking space lighting). In the simplest case, a second vehicle parked to the side of or behind the ego vehicle can be informed via Car2X that it should switch on its main headlights for a certain specified duration of the ambient lighting. The driver of the ego vehicle then benefits from the powerful ambient lighting provided by the second vehicle without additional operating steps being necessary or the material costs for the ego vehicle increasing significantly.)
Claim 18 is amended to recite and the primary reference is silent but EMADI teaches “...causing by the processor a representation of the path to be presented on a communications device of the individual; and...”. (see paragraph 87 where FIGS. 9-12, 9-13, and 9-14 show on mobile communication device 20, respectively, a screenshot indicating the vehicle driver's selecting the Get Directions button for driving directions to the selected parking area, a screenshot of the driving route superimposed on a Google Maps street map in response to the request for directions, and a city street map indicating the vehicle has reached the desired parking area).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the teachings of EMADI with the disclosure of KOSTERMANN with a reasonable expectation of success since EMADI teaches that a user can purchase a parking spot from another person and then a google maps directions from the current location to the parking spot can be provided and a fee is exchanged. See abstract and FIG. 9.
Claim 1 is amended to recite and KLOSTERMANN is silent but Pandit teaches “....cause a light of a particular type of a parked vehicle to illuminate the path, the parked vehicle being different from the vehicle. vehicle, the particular type being characterized by at least one of: an illumination pattern of the light, a measurement of a luminous intensity of the light being greater than a threshold luminous intensity, a color of the light being a specific color, the light having a flashing ability, or a light system having an ability to adjust the luminous intensity of the light in response to at least one of a measurement of an ambient lighting or a preference of the individual.” (see col 11, line 55 to col. 12, line 10 where the user may be in the parking lot and the autonomous vehicle that is parked can start to flash its lights and also provide a honking sound and also provide a visual message to direct the user and while the second vehicles do not make any sound nor flashing lights to distinguish)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the teachings of PANDIT with the disclosure of KOSTERMANN with a reasonable expectation of success since PANDIT teaches that a user can be directed to the parking lot have a number of autonomous vehicles present. A first autonomous vehicle can then start flashing its lights and provide a honking message and then provide a visual sign to direct the user to the correct location. See col 11, line 55 to col. 12, line 10.
Klosterman discloses “...19. The method of claim 18, wherein the determining the location of the individual and the location of the vehicle associated with the individual comprises at least two of:
determining, based on information from a sensor, the location of the individual,
determining, based on information from a communications device, the location of the individual,
determining, based on the information from the sensor, the location of the vehicle associated with the individual, or
determining, based on the information from the communications device, the location of the vehicle associated with the individual. (see FIG. 1-2 where the driver of the vehicle can be detected and the occupant also can be detected and the third vehicle can illuminate to remove the bags at the trunk of the vehicle; The sensor data of the vehicle 10 and/or the connected vehicles 20, 30, 40, 50, 60 to be evaluated to determine the need for parking space lighting PRB and/or to create an optimized lighting plan can include passenger localization and/or load detection in the vehicle 10 for corresponding lighting. In the example shown, it is assumed that two persons 16 assigned to the vehicle were detected. This could be, for example, the driver and a passenger of the vehicle 10, whereby the driver in the representation is still directly next to the vehicle 10 and the passenger has already left the vehicle 10 in the direction of area A. It is also assumed that sensors have detected that there is a piece of luggage in the trunk of the vehicle 10. Due to this constellation, the lighting scenario shown can arise, whereby the second connected vehicle 30 illuminates area A in the direction of movement of the passenger (for example, lighting is provided according to 1 ) and the driver to assist in the removal of luggage by the third connected vehicle 40, the trunk of the vehicle 10 is illuminated to the maximum. As an example, specific lighting of the floor area on the driver's side by the fifth connected vehicle 60 is also shown as possible assistance for safely exiting the vehicle 10.)
Claim 20 is amended to recite and the primary reference is silent but EMADI teaches “...causing representation of the path to be presented on a communications device of the individual; and...”. (see paragraph 87 where FIGS. 9-12, 9-13, and 9-14 show on mobile communication device 20, respectively, a screenshot indicating the vehicle driver's selecting the Get Directions button for driving directions to the selected parking area, a screenshot of the driving route superimposed on a Google Maps street map in response to the request for directions, and a city street map indicating the vehicle has reached the desired parking area).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the present disclosure to combine the teachings of EMADI with the disclosure of KOSTERMANN with a reasonable expectation of success since EMADI teaches that a user can purchase a parking spot from another person and then a google maps directions from the current location to the parking spot can be provided and a fee is exchanged. See abstract and FIG. 9.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEAN PAUL CASS whose telephone number is (571)270-1934. The examiner can normally be reached Monday to Friday 7 am to 7 pm; Saturday 10 am to 12 noon.
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/JEAN PAUL CASS/Primary Examiner, Art Unit 3666