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 .
Claim Interpretation
Estimating/estimation: While the applicant’s disclosure provides sensors for measuring outside parameters, the terminology chosen for the measured data is “estimated” or “estimation”. While an “estimation” is generally understood as being an “approximation,” for examining purposes, the basic concept that a sensor is incapable of capturing the exact speed, size, or volume of a measured parameter will be adapted and the “estimated” value is understood as the value measured by the sensor.
Claim Objections
Claims 6-10 are objected to because of the following informalities:
Claims 6-10: Claims 6-10 are all dependent upon claim 1, however reach one respectively mentions further adaptation of control modules that apply parameters introduced in claims 2-5 (i.e. ground speed, rain drop size, rain drop speed, wind speed). As antecedence has not been established through dependency, the initial recitation of these elements should be preceded by “a” or “an”.
For example, claim 6, in part, would more appropriately read “…the electronic data processer retrieves or accesses…and a[[the]] previous estimated ground speed…to a[[the]] present observed…and to a[[the]] present estimated ground speed…”
Appropriate correction is required.
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) 1-3, 5-6, and 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Jansen (US PG Pub No. 20160297406) in view of Beaurepaire (US PG Pub No. 20200079385).
In regards to claim 1, Jansen discloses
a system for controlling a windshield wiper, the system comprising:
a wiper motor having a rotor ([0029]: windshield wiper motor);
a controller (drive unit 20, [0029-031]) for controlling the wiper motor consistent with an operator-defined wiping intensity request;
a user interface (actuating element 40; [0029-0031]) or switch for inputting the operator-defined wiping intensity request; in a learning mode (learning phase [0036-0038]),
an electronic data controller (control unit 10; [0029-0033]) for learning or recording ([0029-0038]) the operator-defined wiping intensity request for a series of sampling intervals during operation of the vehicle; in the learning mode (learning phase [0036-0038]),
a windshield clarity detector (at least one sensor 30; [0029-0030], [0033], [0044], [0047-0048]) configured to detect an observed clarity state (contamination level; [0030]) of the windshield of a vehicle for the series of respective sampling intervals to augment the operator-defined wiping intensity request associated with a respective operator identifier;
in the learning mode (learning phase [0036-0038]) for the series of sampling intervals, the electronic data controller (control unit 10; [0029-0033]) configured to store in a data storage device (data memory 50; [0029-0038]) the augmented observed clarity state (contamination level; [0030]) of the windshield.
Jansen fails to disclose that the windshield wiping automation with “an associated with a respective operator identifier …and the operator-defined wiping intensity that are associated with a respective operator identifier.”
However, Beaurepaire, which also discloses a windshield wiping control system, teaches:
Abstract: using a passenger-based driving profile. The approach involves detecting an identity of a user of a vehicle. The approach also involves retrieving a passenger profile of the user based on the identity. The passenger profile is generated based on sensor data indicating a reaction of the user to at least one vehicle driving behavior previously experienced by the user as a vehicle passenger. The approach further involves configuring the vehicle based on the passenger profile.
[0001] There is increasing interest in the development of vehicles (e.g., autonomous vehicles, highly-assisted vehicles (HAD), etc.) that are able to at least partially drive or otherwise operate themselves without input from vehicle users or occupants. One area of development has been with respect to providing a “humanized” driving experience for such vehicles. For example, a humanized driving experience refers to configuring autonomous or HAD vehicles to operate in a way that is comfortable for their passengers or users…
[0080] It is noted that configuration the operational parameters of a vehicle (e.g., configuring the acceleration, braking, speed, etc.) is only one example of configuring a vehicle based on a passenger profile…
[0101] Other examples of sensors of the vehicle 101 …In yet another embodiment, the sensors can determine the status of various control elements of the car, such as activation of wipers, use of a brake pedal, use of an acceleration pedal, angle of the steering wheel, activation of hazard lights, activation of head lights, etc.
Jansen and Beaurepaire are analogous to the claimed invention as they are in the same field of endeavor, automated car operations.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jansen and provide with a user interface such that driver profiles could be stored, including operation parameters for windshield wipers in order to provide accommodating and comfortable driving experiences for each individual car operator.
In regards to claim 2, Jansen as modified discloses
the system according to claim 1 wherein the operator-defined wiping intensity comprises any of the following:
a rotational speed of the rotor,
a wiping active interval or
an intermittent duty cycle of the rotor, or
a wiper intensity level (wiping intensity E; [0030]).
In regards to claim 3, Jansen as modified discloses
the system according to claim 1 further comprising:
a ground speed sensor (at least one sensor 30 for speed; [0029] and claim 4) for estimating a ground speed of the vehicle ([0017], [0032-0035], [0039-0042]);
in the learning mode (learning phase [0036-0038]), the electronic data controller (control unit 10; [0029-0033]) associating and storing the estimated ground speed with the respective the operator-defined wiping intensity request associated for the series of sampling intervals.
In regards to claim 5, Jansen as modified discloses
the system according to claim 1 further comprising:
a rain droplet sensor (at least one sensor 30 in the form of a rain sensor or rain intensity sensor; [0029-0030]) for estimating a rain droplet speed and rain droplet size or rain droplet volume (rain intensity relates to the amount/volume of rain on the windshield, [0029-0030]) around or in the vicinity of the exterior of the vehicle or the windshield; in the learning mode (learning phase [0036-0038]), the electronic data controller (control unit 10; [0029-0033]) associating and storing the estimated rain droplet speed with the respective the operator-defined wiping intensity request associated for the series of sampling intervals.
Examiner’s Note:
As written, the claim does not require all of a rain droplet speed, size, and volume as the “or” precedes the “volume” parameter. As such, the claim only requires the volume parameter be addressed. As Jansen discloses “intensity”, which reflects the amount of rainfall experienced, it is considered analogous to “volume” of rain.
In regards to claim 6, Jansen as modified discloses
the system according to claim 1 further comprising:
in an automated mode, an operator identification module ([0038]: adapted matrix is stored in the data memory 50 and can be assigned in driver-specific manner, for example, by means of a key ID or the like) is configured to identify the operator of the vehicle based upon an radio frequency identification tag, a fob, remote electronic identifier, wireless key, or operator entry or selection of operator identifier (user interface element [0009] as taught by Beaurepaire) in the user interface (actuating element 40; [0029-0031]);
during a session in which the identified operator operates the vehicle and activates the automated mode, the electronic data controller (control unit 10; [0029-0033]) retrieves or accesses the (previous) stored augmented observed clarity state (contamination level; [0030]) of the windshield, the (previous) operator-defined wiping intensity, and the (previous) estimated ground speed ([0017], [0032-0035], [0039-0042]), that are associated with a respective operator identifier;
the electronic data controller (control unit 10; [0029-0033]) is configured to control or command the controller (drive unit 20, [0029-031]) with a (present or next) simulated operator-defined wiping intensity derived from applying a learning model: to the (previous) stored augmented observed clarity state (contamination level; [0030]) of the windshield, to the (previous) operator-defined wiping intensity, and to the (previous) estimated ground speed ([0017], [0032-0035], [0039-0042]), that are associated with a respective operator identifier and to the (present) observed clarity state (contamination level; [0030]) of the windshield and to the (present) estimated ground speed ([0017], [0032-0035], [0039-0042]), that are associated with a respective operator identifier.
Examiner’s Note: Pursuant of MPEP 2114.II. "[A]pparatus claims cover what a device is, not what a device does." Hewlett-Packard Co. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). A claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Claim 6, and claims 7-10, are directed heavily to an iterative process involving the control modules dictating the operation of the windshield wiper automation device. So while Jansen as modified doesn’t explicitly disclose the intended, operational use as recited within the claims, the controls of Jansen in view of Beaurepaire are such that it would be capable of performing iterative gathering of parameter data, storing the data, operating based upon information gathered in previous learning phases, and applying said data for present and future experiences.
In regards to claim 9, Jansen as modified discloses
the system according to claim 1 further comprising: in an automated mode,
an operator identification module ([0038]: adapted matrix is stored in the data memory 50 and can be assigned in driver-specific manner, for example, by means of a key ID or the like) is configured to identify the operator of the vehicle based upon an radio frequency identification tag, a fob, remote electronic identifier, wireless key, or operator entry or selection of operator identifier (user interface element [0009] as taught by Beaurepaire) in the user interface (actuating element 40; [0029-0031]);
during a session in which the identified operator operates the vehicle and activates the automated mode, the electronic data controller (control unit 10; [0029-0033]) retrieves or accesses the (previous) stored augmented observed clarity state (contamination level; [0030]) of the windshield, and the (previous) operator-defined wiping intensity that are associated with a respective operator identifier (user interface element [0009] as taught by Beaurepaire);
the electronic data controller (control unit 10; [0029-0033]) is configured to control or command the controller (drive unit 20, [0029-031]) based on the (previous) stored augmented observed clarity state (contamination level; [0030]) of the windshield, and the (previous) operator-defined wiping intensity, and the present observed clarity state (contamination level; [0030]) of the windshield if the operator activates the automated mode of the windshield wiper ([0038-0042]).
Examiner’s Note: Please see explanation provided for examination of claim 6 regarding the consideration of the recited limitations pursuant of MPEP 2114.II.
In regards to claim 10, Jansen as modified discloses
the system according to claim 1 further comprising: in an automated mode,
an operator identification module ([0038]: adapted matrix is stored in the data memory 50 and can be assigned in driver-specific manner, for example, by means of a key ID or the like) is configured to identify the operator of the vehicle based upon an radio frequency identification tag, a fob, remote electronic identifier, wireless key, or operator entry or selection of operator identifier in the user interface (actuating element 40; [0029-0031]);
during a session in which the identified operator operates the vehicle and activates the automated mode, the electronic data controller (control unit 10; [0029-0033]) retrieves or accesses the (previous) stored augmented observed clarity of the windshield and the (previous) operator-defined wiping intensity that are associated with a respective operator identifier (user interface element [0009] as taught by Beaurepaire);
the electronic data controller (control unit 10; [0029-0033]) is configured to control or command the controller (drive unit 20, [0029-031]) based on the (previous) stored augmented observed clarity of the windshield, the (previous) operator-defined wiping intensity and the (present) observed clarity of the windshield if the operator activates the automated mode of the windshield wiper and if the windshield clarity detector (sensor 30; [0029-0030], [0033], [0044], [0047-0048]) detects an observed rainfall level or observed moisture level on the windshield that exceeds a threshold rainfall level or threshold observed moisture level ([0038-0041]).
Examiner’s Note: Please see explanation provided for examination of claim 6 regarding the consideration of the recited limitations pursuant of MPEP 2114.II.
In regards to claim 11, Jansen as modified discloses
the system according to claim 1 wherein a windshield clarity detector (sensor 30; [0029-0030], [0033], [0044], [0047-0048]) comprises a rain sensor or rainfall sensor that is configured to detect the amount of rainfall per unit time, the rainfall droplet size, or rainfall volume per unit time ([0040]).
[0040] FIG. 3B shows in a further diagram an example of a temporal course of the rain intensity RI in the time interval described in FIG. 3A. As described in FIG. 3A, the time interval is applied to the abscissa and the rain intensity RI to the ordinate of the diagram. At point t0, the rain intensity RI has a value, wherein RI>0. This means that the vehicle window is dealing with rainfall or moisture. At point t1, the rain intensity RI considerably decreases, wherein the value continues to be RI>0. The now reached value of rain intensity RI remains initially the same until an increase of rain intensity RI is recorded at point t3. At the same time, the value of rain intensity RI at point t3 is greater than the value at points t1 and t2, but smaller than the value of rain intensity RI at point t0. There is no further change of rain intensity RI in the time interval between points t3 and t4.
In regards to claim 12, Jansen as modified discloses
the system according to claim 1 wherein a windshield clarity detector (sensor 30; [0029-0030], [0033], [0044], [0047-0048]) comprises an imaging device or camera (optical sensor [0005]) facing or aimed outward from the cab of the vehicle toward the windshield ([0012]).
[0012] For recording the ambient parameters, the arrangement can be provided with different types of sensors or the like, which are able to record the ambient parameters appropriately. For example, the sensors can be directly mounted in the windows of the vehicle or at a different appropriate position
In regards to claim 13, Jansen as modified discloses
the system according to claim 1 wherein the windshield clarity detector (sensor 30; [0029-0030], [0033], [0044], [0047-0048]) estimates the degree or extent of the following on the windshield: dust or soil dust, water droplets, spray, agricultural material, precipitation, rain, ice or snowfall ([0044]).
[0044] As mentioned above, specific sensors for recording the ambient parameters are required for the proposed automatic control system. For example, a rain sensor is used, which detects the moisture or amount of water on the windshield. It is also possible to use a release time assessment sensor, which tracks and assesses manually or automatically the time until the most recent activation. The release time can be further improved with the current season. For example, in winter and spring the sensor could react more sensitive than in summer and fall. Finally, a contaminant sensor is used to determine the level of contamination.
Claims 4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Jansen in view of Beaurepaire as applied to claim 1 above, and further in view of Salter (US PG Pub No. 20190152477).
In regards to claim 4, Jansen as modified discloses
the system according to claim 1, but fails to disclose further comprising:
“a wind speed sensor for estimating a wind speed around or in the vicinity” of the exterior of the vehicle or the windshield.
As it result, it fails disclose that in the learning mode (learning phase [0036-0038]), the electronic data controller (control unit 10; [0029-0033]) would “associate and storing the estimated wind speed with” the respective the operator-defined wiping intensity request associated for the series of sampling intervals.
Salter, which also discloses a windshield operation module, teaches:
[0009] The processor can be further programmed to determine a wind speed relative to the vehicle, and to actuate the component based on the wind speed.
[0040] The computer 105 can determine the wind speed W.sub.s with one or more sensors 110. As used herein, a “wind speed” is the average speed of wind relative to the vehicle. A wind speed sensor 110 can determine the wind speed W.sub.s relative to the vehicle 101. The wind speed sensor 110 can, for example, include a Pitot tube, e.g., may be a Pitot tube airspeed measurement unit. The wind speed sensor 110 can be mounted, i.e., attached, to the vehicle 101 adjacent to the precipitation sensor 110. In this situation, the wind speed sensor 110 can detect the wind speed W.sub.s adjacent to the precipitation sensor 110, which can improve the accuracy of determining the amount of precipitation A.sub.w impacting the windshield, i.e., the precipitation sensor 110.
Jansen and Salter are analogous to the claimed invention as they are in the same field of endeavor, automated car operations.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jansen and include a wind speed sensor as taught by Salter and store values measured by the sensor in order to further improve the accuracy the control of the windshield wiper based upon environmental parameters, improving car performance and operator comfort.
In regards to claim 7, Jansen as modified
the system according to claim 1 further comprising: in an automated mode, an operator identification module ([0038]: adapted matrix is stored in the data memory 50 and can be assigned in driver-specific manner, for example, by means of a key ID or the like) is configured to identify the operator of the vehicle based upon an radio frequency identification tag, a fob, remote electronic identifier, wireless key, or operator entry or selection of operator identifier (user interface element [0009] as taught by Beaurepaire) in the user interface (actuating element 40; [0029-0031]);
during a session in which the identified operator operates the vehicle and activates the automated mode, the electronic data controller (control unit 10; [0029-0033]) retrieves or accesses the stored (previous) augmented observed clarity state (contamination level; [0030]) of the windshield, the (previous) operator-defined wiping intensity, and the (previous) estimated wind speed (as taught by Salter), that are associated with a respective operator identifier (user interface element [0009] as taught by Beaurepaire);
the electronic data controller (control unit 10; [0029-0033]) is configured to control or command the controller (drive unit 20, [0029-031]) with a (present or next) simulated operator-defined wiping intensity derived from applying a learning model: to the (previous) stored augmented observed clarity state (contamination level; [0030]) of the windshield, to the (previous) operator-defined wiping intensity, and to the (previous) estimated wind speed, that are associated with a respective operator identifier and to the (present) observed clarity state (contamination level; [0030]) of the windshield and to the (present) estimated wind speed, that are associated with a respective operator identifier.
Jansen and Salter are analogous to the claimed invention as they are in the same field of endeavor, automated car operations.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jansen and include a wind speed sensor as taught by Salter and store values measured by the sensor in order to further improve the accuracy the control of the windshield wiper based upon environmental parameters, improving car performance and operator comfort.
Examiner’s Note: Please see explanation provided for examination of claim 6 regarding the consideration of the recited limitations pursuant of MPEP 2114.II.
Claim(s) 8 is rejected under 35 U.S.C. 103 as being unpatentable over Jansen in view of Beaurepaire as applied to claim 1 above, and further in view of and further in view of Tilleman (US PG Pub No. 20200079325) and Salter (US PG Pub No. 20190152477).
In regards to claim 8, Jansen as modified discloses
the system according to claim 1 further comprising: in an automated mode, an operator identification module ([0038]: adapted matrix is stored in the data memory 50 and can be assigned in driver-specific manner, for example, by means of a key ID or the like) is configured to identify the operator of the vehicle based upon an radio frequency identification tag, a fob, remote electronic identifier, wireless key, or operator entry or selection of operator identifier (user interface element [0009] as taught by Beaurepaire) in the user interface (actuating element 40; [0029-0031]).
Jansen as modified fails to disclose “rain droplet speed or rain droplet size” measurements during a session in which the identified operator operates the vehicle and activates the automated mode, the electronic data controller (control unit 10; [0029-0033]) retrieves or accesses the (previous) stored augmented observed clarity state (contamination level; [0030]) of the windshield, the (previous) operator-defined wiping intensity, the (previous) estimated rain droplet speed, and the (previous) estimated rain droplet size that are associated with a respective operator identifier (user interface element [0009] as taught by Beaurepaire); the electronic data controller (control unit 10; [0029-0033]) is configured to control or command the controller (drive unit 20, [0029-031]) if the operator activates the automated mode of the windshield wiper the electronic data controller (control unit 10; [0029-0033]) is configured to control or command the controller (drive unit 20, [0029-031]) with a (present or next) simulated operator-defined wiping intensity derived from applying a learning model: to the (previous) stored augmented observed clarity state (contamination level; [0030]) of the windshield, to the (previous) operator-defined wiping intensity, to the (previous) estimated rain droplet speed, and to the (previous) rain droplet size (or volume) that are associated with a respective operator identifier and to the (present) observed clarity state (contamination level; [0030]) of the windshield and to the (present) estimated rain droplet speed, and the (present) estimated rain droplet size or volume, that are associated with a respective operator identifier.
However, Salter discloses measuring precipitation speed and applying it to the windshield wiper controls:
[0039] The computer 105 can determine the precipitation speed P.sub.s, e.g., speed of rain, snow, etc., with one or more sensors 110. As used herein, a “precipitation speed” is an average speed of precipitation prior to striking the windshield. For example, the precipitation sensor 110 can determine the precipitation speed P.sub.s by collecting image data of precipitation striking the windshield and, using image processing techniques, e.g., such as are known, in which images at different times are compared to one another, estimate an average speed of the precipitation crossing the field of view of the precipitation sensor 110.
Tilleman discloses measuring precipitation size and applying it to the windshield wiper controls:
[0022] In many scenarios it is useful to detect the presence of liquid and droplets on surfaces. For example, rain drops on windshields of motor vehicles could beneficially be monitored to determine a suitable time to activate windshield wipers and to control the speed of the windshield wipers as a function of the number density of the drops on the windshield…
[0048] FIG. 7 is a graph 700 that plots test results conducted on an embodiment of droplet sensor system 102 using water droplets of various sizes applied one droplet at a time. …The measured signal decreases once droplets with a volume of 1, 2, 3, 4 and 5 microliters are attached to the surface of window 100…
[0050] The techniques described herein can effectively detect the presence of droplets or other foreign bodies on a window using waveguide principles, which allow the light source and the photodetector to be installed near the edges of the window rather than being mounted in front of the window as in reflective methods. The detection system described herein can be suitable used to monitor for foreign bodies on windshields, camera lenses, protective windows, canopies, bar code scanners, time of flight cameras, or other applications in which window particulates must be monitored
Jansen, Tilleman and Salter are analogous to the claimed invention as they are in the same field of endeavor, automated car operations.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Jansen and include a wind speed sensor and rain droplet size sensor as taught by Salter and Tilleman respectively, and store values measured by the sensor in order to further improve the accuracy the control of the windshield wiper based upon environmental parameters, improving car performance and operator comfort.
Examiner’s Note: Please see explanation provided for examination of claim 6 regarding the consideration of the recited limitations pursuant of MPEP 2114.II.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON KHALIL HAWKINS whose telephone number is (571)272-5446. The examiner can normally be reached M-F; 8-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON KHALIL HAWKINS/Examiner, Art Unit 3723
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