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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. DE102021003160.1, filed on 6/18/2021.
Information Disclosure Statement
The information disclosure statement(s) submitted on 12/15/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Continued Examination under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office Action has been withdrawn pursuant to 37 CFR 1.114. Applicant’s submission received 1/14/2026 has been entered.
Response to Arguments
Applicant's arguments filed 1/14/2026 have been fully considered but they are directed towards newly amended claim language.
Regarding Rejections under 35 U.S.C. § 102 and § 103,
Applicant contends that the cited prior art fails to disclose newly amended limitations of independent claim 1 including “at least one lighting device having a reduced opening angle of less than 4.6° such that a lighting frustum of the lighting device illuminates only a portion of the observation region”.
See the rejection below for how the cited art in light of new/existing references reads on the newly amended language as well as the examiner’s interpretation of the cited art in view of the presented claim set.
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.
Claim(s) 11 and 13 are rejected under 35 U.S.C. 10e as being unpatentable over Lefcourt et al.: “Design of an automated cart and mount for a hyperspectral imaging system to be used in produce fields”, PROCEEDINGS OF SPIE; [PROCEEDINGS OF SPIE ISSN 0277-786X VOLUME 10524], SPIE, US, vol. 9864, 17 May 2016, pages 9864OR-98640R, XP060069656 (hereinafter Lefcourt) in view of Onal et al. (US 20200142069 A1) (hereinafter Onal) in view of Zhang et al. (US 20200063935 A1) (hereinafter Zhang).
Regarding claim 11, Lefcourt discloses:
A gated camera for a motor vehicle, comprising: [See Lefcourt, sections 2, 2.1 disclose an ICCD camera for gated image acquisition. Images are acquired using a gated camera (fig. 1, 2)]
an optical sensor having an observation region; and [See Lefcourt, sections 2, 2.1 disclose an ICCD camera for gated image acquisition. Images are acquired using a gated, intensified, camera (iStar; Andor Technologies, Belfast, UK) with a minimum gate width of less than two ns, 1024 x 1024 pixels, 16-bit resolution, and responsivity in the visible wavelengths through the very near infrared (fig. 1, 2).]
Lefcourt does not appear to explicitly disclose:
at least one lighting device having a reduced opening angle of less than 4.6° such that a lighting frustum of the lighting device illuminates only a portion of the observation region,
However, Zhang discloses:
at least one lighting device having a reduced opening angle of less than 4.6° such that a lighting frustum of the lighting device illuminates only a portion of the observation region, [See Zhang, ¶ 0048 discloses an optical system for vehicle high-beam projection wherein a final light intensity distribution projected out by secondary optics is for example confined below an angle of 5 degrees above the horizon in front of a vehicle, and further preferably confined above an angle of 3 degrees below the horizon in front of the vehicle. In this way, the optical device becomes suitable for providing a high beam of the vehicle.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lefcourt to add the teachings of Zhang in order to provide suitable high-beam projection, improving and decreasing unintended optical aberrations.
Lefcourt in view of Zhang does not appear to explicitly disclose:
wherein the at least one lighting device is rotatably mounted with at least one degree of freedom about at least one rotational axis such that the reduced lighting frustum is displaceable within the observation region without adjusting the opening angle.
However, Onal discloses:
wherein the at least one lighting device is rotatably mounted with at least one degree of freedom about at least one rotational axis such that the reduced lighting frustum is displaceable within the observation region without adjusting the opening angle. [See Onal, ¶ 0088 discloses that a vehicle 300 with integrated sensors could include a plurality of light sources 370 a-d, which could be similar or identical to light source 130, as illustrated and described in reference to FIG. 1. As illustrated, light source 370 a-d could be coupled to, or integrated into, a front, right side, left side, and rear portion of the vehicle 300. Other mounting types and mounting locations are contemplated for the plurality of light sources 370 a-d. For example, in some embodiments, the light source 370 could be disposed in a rotatable mount configured to rotate about the z-axis so as to emit light toward a controllable azimuthal angle range.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lefcourt in view of Zhang to add the teachings of Onal in order to emit light toward a controllable azimuthal angle range.
Regarding claim 13, Lefcourt in view of Zhang in view of Onal discloses all the limitations of claim 11.
Onal discloses:
wherein the at least one lighting device (3) is rotatably mounted in relation to two rotational axes (7) and wherein a first rotational axis (7.1) of the two rotational axes (7) and a second rotational axis (7.2) of the two rotational axes (7) are aligned orthogonal to each other. [See Onal, ¶ 0079, 0086, 0088, 0090 discloses that a vehicle could include a plurality of light sources, wherein the light sources could be disposed in a rotatable mount configured to rotate about a z-axis so as to emit light toward a controllable azimuthal angle; See Onal, Fig. 4a illustrates an example rotational y-axis as being orthogonal to a z-axis. The Examiner notes that the claim language does not expressly require the at least one lighting device rotate about two axes – merely that said lighting device is mounted in relation to two “rotational” axes. Hence, Onal provides for an example in which the lighting device is rotatably mounted in a z-axis, and is also at least rotatably mounted in relation to a “rotational” y-axis.]
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 11.
Claim(s) 12, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Lefcourt in view of Zhang in view of Onal in view of Yao et al. (US 20210131644 A1) (hereinafter Yao).
Regarding claim 12, Lefcourt in view of Zhang in view of Onal discloses all the limitations of claim 11.
Lefcourt in view of Zhang in view of Onal does not appear to explicitly disclose:
further comprising a movement device (15), wherein the movement device is set up to displace the at least one lighting device (3) in relation to the at least one rotational axis (7).
However, Yao discloses:
further comprising a movement device (15), wherein the movement device is set up to displace the at least one lighting device (3) in relation to the at least one rotational axis (7). [See Yao, ¶ 0016, 0023-0029 discloses The illuminating device 124 may be a multi-axis rotation system, and the illuminating device motor may adjust lighting angle of the illuminating device 124 by adjusting rotation angle of the rotating shaft. Further, that a control device can rotate the illuminating device according to the attitude data of the image acquisition apparatus and the distance. Further, the aircraft may remain in flight, and when the distance between the image acquisition apparatus and the captured subject is relatively long, the illuminating device can have enough time to rotate so that after the rotation, the illuminating device can compensate light to the to-be-captured object during the photographing of the image acquisition apparatus. At different distances, the rotation angle of the illuminating device may also be different. The rotation angle may include one or more of: the yaw angle, the pitch angle, and the roll angle, of the illuminating device.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lefcourt in view of Zhang in view of Onal to add the teachings of Yao in order to enable multi-axis rotational adjustment of a lighting angle dispersed by an illumination module of a moving vehicle, according to said vehicle’s attitude data.
Regarding claim 15, Lefcourt discloses:
A motor vehicle (25), comprising: [See Lefcourt, section 2.2 discloses a cart holding the above-described imaging system, and embodied with stepper motors for driving the cart to traverse an environment.]
the gated camera (1) according to claim 11; and [See Lefcourt, sections 2, 2.1 disclose an ICCD camera for gated image acquisition. Images are acquired using a gated camera (fig. 1, 2)]
Yao discloses:
a control device configured to specify a rotational angle of the at least one lighting device (3) in relation to the at least one rotational axis (7) depending on at least one parameter (33). [See Yao, ¶ 0016, 0023-0029 discloses The illuminating device 124 may be a multi-axis rotation system, and the illuminating device motor may adjust lighting angle of the illuminating device 124 by adjusting rotation angle of the rotating shaft. Further, that a control device can rotate the illuminating device according to the attitude data of the image acquisition apparatus and the distance. Further, the aircraft may remain in flight, and when the distance between the image acquisition apparatus and the captured subject is relatively long, the illuminating device can have enough time to rotate so that after the rotation, the illuminating device can compensate light to the to-be-captured object during the photographing of the image acquisition apparatus. At different distances, the rotation angle of the illuminating device may also be different. The rotation angle may include one or more of: the yaw angle, the pitch angle, and the roll angle, of the illuminating device.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lefcourt in view of Zhang in view of Onal to add the teachings of Yao in order to enable multi-axis rotational adjustment of a lighting angle dispersed by an illumination module of a moving vehicle, according to said vehicle’s attitude data.
Regarding claim 16, Lefcourt discloses:
A method for operating the gated camera (1) of claim 11 in a motor vehicle (25), comprising: [See Lefcourt, sections 2, 2.1 disclose an ICCD camera for gated image acquisition. Images are acquired using a gated camera (fig. 1, 2)]
Yao discloses:
determining at least one parameter (33) of the motor vehicle (25) and/or of a road (31); and [See Yao, ¶ 0016, 0023-0029 discloses rotating an illuminating device according to obtained attitude data of an image acquisition apparatus in order to match an illumination area with a photographing area. The illuminating device 124 may be a multi-axis rotation system, and the illuminating device motor may adjust lighting angle of the illuminating device 124 by adjusting rotation angle of the rotating shaft. Further, that a control device can rotate the illuminating device according to the attitude data of the image acquisition apparatus and the distance. Further, the aircraft may remain in flight, and when the distance between the image acquisition apparatus and the captured subject is relatively long, the illuminating device can have enough time to rotate so that after the rotation, the illuminating device can compensate light to the to-be-captured object during the photographing of the image acquisition apparatus. At different distances, the rotation angle of the illuminating device may also be different. The rotation angle may include one or more of: the yaw angle, the pitch angle, and the roll angle, of the illuminating device.]
specifying and/or setting a rotational angle (35) of the at least one lighting device in relation to the at least one rotational axis (7) based on the at least one parameter (33). [See Yao, ¶ 0016, 0020, 0023-0029 discloses rotating an illuminating device according to obtained attitude data of an image acquisition apparatus in order to match an illumination area with a photographing area. Particularly, it is noted that the illuminating device 124 may be a multi-axis rotation system, and the illuminating device motor may adjust lighting angle of the illuminating device 124 by adjusting rotation angle of the rotating shaft.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lefcourt in view of Zhang in view of Onal to add the teachings of Yao in order to enable multi-axis rotational adjustment of a lighting angle dispersed by an illumination module of a moving vehicle, according to said vehicle’s attitude data.
Regarding claim 17, Lefcourt in view of Zhang in view of Onal in view of Yao discloses all the limitations of claim 16.
Yao discloses:
wherein the at least one parameter (33) is a pitch angle of the motor vehicle (25) or a yaw angle of the motor vehicle (25) or a road gradient or a road curvature. [See Yao, ¶ 0016, 0020, 0023-0029 discloses rotating an illuminating device according to obtained attitude data of an image acquisition apparatus. The control apparatus may obtain the attitude data of the image acquisition apparatus during the flight of the aircraft. Resource data of the image acquisition apparatus may include one or more of: a yaw angle (yaw), a pitch angle (pitch), and a roll angle (roll), of the image acquisition apparatus.]
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 16.
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Lefcourt in view of Zhang in view of Onal in view of Ruth et al. (US 20120127311 A1) (hereinafter Ruth).
Regarding claim 14, Lefcourt in view of Zhang in view of Onal discloses all the limitations of claim 11.
Lefcourt in view of Zhang in view of Onal does not appear to explicitly discloses:
wherein the at least one lighting device (3) is a first lighting device (3.1) and a second lighting device (3.2) and wherein the first lighting device (3.1) and the second lighting device (3.2) are coupled such that they are each simultaneously rotatable around the at least one rotational axis (7).
However, Ruth discloses:
wherein the at least one lighting device (3) is a first lighting device (3.1) and a second lighting device (3.2) and wherein the first lighting device (3.1) and the second lighting device (3.2) are coupled such that they are each simultaneously rotatable around the at least one rotational axis (7). [See Ruth, ¶ 0008 discloses a spatial modulation, in particular pivoting of the lighting unit, for example, the vehicle headlights, around a horizontal axis or a vertical axis or also combined pivoting around both axes. A pivot program having specified deflections, speeds, and directions may be stored in the analysis unit of the image processing unit, for example, and used for the purpose of moving the light cone by corresponding activation of the headlight control unit.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Lefcourt in view of Zhang in view of Onal to add the teachings of Ruth in order to provide combined pivoting around both of horizontal and vertical axes in response to a detected illumination pattern by a vehicle.
Claim(s) 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lefcourt in view of Zhang in view of Onal in view of Yao.
Regarding claim 18, Lefcourt in view of Zhang in view of Onal in view of Yao discloses all the limitations of claim 17.
Onal discloses:
wherein a first rotational axis (7.1) of the at least one rotational axis (7) is selected such that it is aligned orthogonal to a driving direction (29) of the motor vehicle (25) and parallel to the road (31). [See Onal, ¶ 0079, 0086, 0088, 0090 discloses that a vehicle could include a plurality of light sources, wherein the light sources could be disposed in a rotatable mount configured to rotate about a z-axis so as to emit light toward a controllable azimuthal angle; See Onal, Fig. 4a illustrates an example rotational y-axis as being orthogonal to a driving direction of the motor vehicle (x-axis), and parallel to the road.]
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 11.
Regarding claim 19, Lefcourt in view of Zhang in view of Onal in view of Yao discloses all the limitations of claim 18.
Onal discloses:
wherein a second rotational axis (7.2) of the at least one rotational axis (7) is selected such that it is aligned orthogonal to the road (31). [See Onal, ¶ 0079, 0086, 0088, 0090 discloses that a vehicle could include a plurality of light sources, wherein the light sources could be disposed in a rotatable mount configured to rotate about a z-axis so as to emit light toward a controllable azimuthal angle; See Onal, Fig. 4a illustrates an example rotational z-axis as being orthogonal to the road.]
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 11.
Regarding claim 20, Lefcourt in view of Zhang in view of Onal in view of Yao discloses all the limitations of claim 19.
Yao discloses:
wherein the at least one lighting device (3) is rotated by a first rotational angle (35.1) in relation to the first rotational axis (7.1), depending on the pitch angle of the motor vehicle (25) and/or the road gradient, [See Yao, ¶ 0016, 0020, 0023-0029 discloses rotating an illuminating device according to obtained attitude data of an image acquisition apparatus. The control apparatus may obtain the attitude data of the image acquisition apparatus during the flight of the aircraft. Resource data of the image acquisition apparatus may include one or more of: a yaw angle (yaw), a pitch angle (pitch), and a roll angle (roll), of the image acquisition apparatus.] and/or wherein the at least one lighting device (3) is rotated by a second rotational angle (35.2) in relation to the second rotational axis (7.2), depending on the yaw angle of the motor vehicle (25) and/or the road curvature.
The reasons to combine the cited prior art are applicable to those presented for previously rejected claim 16.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK E DEMOSKY whose telephone number is (571)272-8799. The examiner can normally be reached Monday - Friday 7-4 EST.
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/PATRICK E DEMOSKY/Primary Examiner, Art Unit 2486