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 .
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.
RESPONSE TO ARGUMENTS
Applicant’s amendment and remarks filed on 2/11/26 have been fully considered and the rejections withdrawn in light of Applicant’s amendment. However, based upon further consideration a new ground of rejection is entered in view of PARK et al. (Pub. No: US 2014-0293061) and in light of Applicant’s newly amended claims.
Regarding pages 7-10 of Applicant’s amendment and remarks filed on 2/11/26, Examiner respectfully submits SHIGA does disclose ‘an image collection apparatus disposed on the vehicle’ whereby the limitation is silent as to the attachment to an interior versus an exterior of the vehicle. Accordingly, the rejection stands.
Prior to filing a next response, Examiner respectfully suggests Applicant’s Representative telephone Examiner Adams (571-270-3688) to discuss claim clarifications in a scheduled interview to advance the instant application towards allowance.
Finally, Examiner has established a prima facie case of obviousness for combining the prior art of record to reject the pending outstanding rejected claims. Accordingly, the rejections stand.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 non-obviousness.
Claims 1-7, 9-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over FUNAKI et al. (Pub. No: US 2020-0382705) in view of SHIGA et al. (US Pub. No.: 2017-0267178) in view of PARK et al. (Pub. No: US 2014-0293061).
As per Claim 1 FUNAKI discloses A data collection system of a vehicle, comprising (Figs. 1-19 [Abstract] [0074-0075]):
an image collection apparatus, comprising a camera and a drive component, wherein the drive component is configured to drive adjustment of a photographing angle of the camera (Figs. 1-4, 5B, 6-9 camera 10 [Abstract] setting terminal 30 contains the drivers processor PRC1 and manipulation unit 34 to assist with driving the angle adjustments [0042] [0063] [0073-0075] [0080]), so that in an image collected by the camera, an included angle between a lower side line of a body side of the vehicle and the photographing angle of the camera of the image collection apparatus is less than a first angle (Figs. 1-4, 5B, 6-9 camera 10 [Abstract] lower side line of body side rear side license plate capture – less than a first angle [0073-0075] shooting angles at least table 5B [0097-0098]); and a control system electrically connected to the image collection apparatus, and configured to send a first control instruction to the image collection apparatus, wherein the first control instruction is used to control the photographing angle of the camera (Figs. 1-4, 5B, 6-9 camera 10 [Abstract] setting terminal 30 system control at least the tilt [0073-0075, 0105] and see [0042] [0063] [0080] [0088]).
FUNAKI does not disclose but SHIGA discloses an image collection apparatus disposed on the vehicle (Figs. 1, 9, 17-24 mounted [Abstract] [0007] [0036])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an image collection apparatus disposed on the vehicle as taught by SHIGA into the system of FUNAKI because of the benefit taught by SHIGA to include a vehicle equipped camera as well as distance determination between a traveling host vehicle and a potential obstacle from an object near the vehicle from an image captured from the vehicle whereby FUNAKI is directed towards image-capturing about a vehicle and would benefit from the ability to determine object distance from the vehicle to assist with collision avoidance as well as the additional embodiment of camera equipped vehicles.
FUNAKI and SHIGA do not disclose but PARK discloses a vertical direction of the photographing angle of the camera of the image collection apparatus is automatically adjusted (Figs. 1-5 automatic adjustment in a vertical direction and angles of cameras 101, 102a [0027-0030] [0043] [0055])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a vertical direction of the photographing angle of the camera of the image collection apparatus is automatically adjusted as taught by PARK into the system of FUNAKI and SHIGA because of the benefit taught by PARK to include automated camera adjustments for viewing angle and heights whereby FUNAKI and SHIGA benefit from automated capabilities for camera viewing adjustments as both systems utilize image capture and analysis and would benefit from PARK further teachings for automatic camera FOV adjustments.
As per Claim 2 FUNAKI discloses The system according to claim 1, wherein the control system is further configured to: receive a first instruction, wherein the first instruction is generated in response to enabling of a first mode of the vehicle (Figs. 1-4, 5B, 6-9 camera derives and sets camera parameters corresponding to the operation mode based on the input parameters transmitted from the terminal [Abstract] [0080] [0088] [0073-0075, 0105]);
and send the first control instruction to the image collection apparatus based on the first instruction, wherein the first control instruction is used to control the photographing angle of the camera to be the first angle, so that in the image collected by the camera (Figs. 1-4, 5B, 6-9 camera 10 [Abstract] setting terminal 30 system control at least the tilt [0073-0075, 0105] and see [0042] [0063] [0080] [0088]), the included angle between the lower side line of the body side of the vehicle and the vertical direction of the photographing angle of the camera is less than the first angle (Figs. 1-4, 5B, 6-9 camera 10 [Abstract] lower side line of body side rear side license plate capture – less than a first angle [0073-0075] [0080] [0088] – See said analysis for Claim 1 – Fig. 5B).
As per Claim 3 FUNAKI discloses The system according to claim 1, wherein the control system is further configured to (See said analysis for Claim 1):
send a second control instruction to the image collection apparatus, wherein a second control instruction is used to control a photographing frequency of the camera to be a first frequency (Figs. 1-19 plurality of camera instructions [Abstract] set to a first frequency - fps [0035-0036] [0073-0075]), and the first control instruction and the second control instruction are the same or different (Figs. 1-19 setting terminal different instruction setting for angle or shutter speed [Abstract] fps [0035-0036] [0042] [0063] [0073-0075]).
As per Claim 4 FUNAKI discloses The system according to claim 3, wherein the control system is further configured to (See said analysis for Claim 1):
obtain sensor data from a sensor, wherein the sensor is a sensor other than the image collection apparatus disposed on the vehicle (either or) or is the image collection apparatus (Figs. 1-19 camera 10 [0073-0075] [0080] [0133-0134] [0154-0155]); and determine, based on the sensor data, that an object enters a first range around the vehicle (Figs. 1-19 object icon markers in the FOV with regards to the vehicle shooting camera [Abstract] [0133-0134] [0154-0155]).
As per Claim 5 FUNAKI discloses The system according to claim 4, wherein the control system is further configured to (See said analysis for Claim 4):
send a third control instruction to the image collection apparatus, wherein a third control instruction is used to control the photographing (Figs. 1-19 setting terminal different instruction setting for angle, shutter speed, zoom and more [0035-0036] [0042] [0063] [0073-0075])
FUNAKI does not disclose but SHIGA discloses the photographing frequency of the camera to be a second frequency, and the second frequency is greater than the first frequency (Figs. 23-25 camera 3 frame rate change via signal varies second 60fps to 30fps [0306]) (The motivation that applied in Claim 1 applies equally to Claim 5)
As per Claim 6 FUNAKI discloses The system according to claim 4, wherein the control system is further configured to (See said analysis for Claim 4): control the photographing angle of the camera to be adjusted with the object (Figs. 1-19 object icon markers – angle and zoom of object paired adjustments [0133-0134] [0154-0155]).
As per Claim 7 FUNAKI discloses The system according to claim 4, wherein the control system is further configured to (See said analysis for Claim 4):
receive image data from the image collection apparatus (Figs. 1-4, 5B, 6-9 camera 10 [Abstract] [0042] [0063] [0073-0075] [0080]);
FUNAKI does not disclose but SHIGA discloses and when a distance between the object in the image data and the vehicle is less than a first distance, trigger saving and/or sending of the image data (either or), or trigger saving (either or) and/or sending of key information in the image data (Figs. 1-25 inter-vehicle distance object other vehicle derived from the captured image – send throttle change key info based this distance if it is less than required to maintain safe distances [0129-0131] [0306]) (The motivation that applied in Claim 1 applies equally to Claim 7).
As per Claim 9 FUNAKI discloses A data collection method for data collection of a vehicle, comprising (Figs. 1-19 [Abstract] [0154-0155]):
sending a first control instruction to an image collection apparatus, wherein the first control instruction is used to control a photographing angle of the image collection apparatus (See said analysis for Claim 1), so that in an image collected by the image collection apparatus, an included angle between a lower side line of a body side of the vehicle and the photographing angle of the image collection apparatus is less than a first angle (See said analysis for Claim 1); and obtaining image data from the image collection apparatus (See said analysis for Claim 1).
FUNAKI does not disclose but SHIGA discloses an image collection apparatus disposed on the vehicle (See said analysis for Claim 1)
FUNAKI and SHIGA do not disclose but PARK discloses a vertical direction of the photographing angle of the camera of the image collection apparatus is automatically adjusted (See said analysis for Claim 1)
As per Claim 10 FUNAKI discloses The method according to claim 9, further comprising:
receiving a first instruction, wherein the first instruction is generated in response to enabling of a first mode of the vehicle (See said analysis for Claim 2); and sending the first control instruction to the image collection apparatus based on the first instruction, wherein the first control instruction is used to control the photographing angle of the image collection apparatus to be the first angle, so that in the image collected by the image collection apparatus (See said analysis for Claim 2), the included angle between the lower side line of the body side of the vehicle and the vertical direction of the photographing angle is less than the first angle (See said analysis for Claim 2).
As per Claim 11 FUNAKI discloses The method according to claim 9, further comprising: sending a second control instruction to the image collection apparatus, wherein the second control instruction is used to control a photographing frequency of the image collection apparatus to be a first frequency (See said analysis for Claim 3), and the first control instruction and the second control instruction are the same or different (See said analysis for Claim 3).
As per Claim 12 FUNAKI discloses The method according to claim 11, further comprising: obtaining sensor data from a sensor, wherein the sensor is a sensor other than the image collection apparatus disposed on the vehicle or is the image collection apparatus (See said analysis for Claim 4); and determining, based on the sensor data, that an object enters a first range around the vehicle (See said analysis for Claim 4).
As per Claim 13 FUNAKI discloses The method according to claim 12, further comprising:
sending a third control instruction to the image collection apparatus, wherein the third control instruction is used to control the photographing (Figs. 1-19 setting terminal different instruction setting for angle, shutter speed, zoom and more [0035-0036] [0042] [0063] [0073-0075])
FUNAKI does not disclose but SHIGA discloses the photographing frequency of the image collection apparatus to be a second frequency, and the second frequency is greater than the first frequency (See said analysis for Claim 5).
As per Claim 14 FUNAKI discloses A control apparatus, comprising (See said analysis for Claim 1): one or more processors (in at least Fig. 1 PRCI processor); and a memory storing instructions which when executed by the one or more processors, configures the apparatus to (in at least Fig. 1 PRCI processor memory 32 [0040-0042] [0050]) send a first control instruction to an image collection apparatus (Figs. 1-4, 5B, 6-9 camera 10 [Abstract] setting terminal 30 contains the drivers processor PRC1 and manipulation unit 34 to assist with driving the angle adjustments [0042] [0063] [0073-0075] [0080]), wherein the first control instruction is used to control a photographing angle of the image collection apparatus, so that in an image collected by the image collection apparatus, an included angle between a lower side line of a body side of the vehicle and the photographing angle of the image collection apparatus is less than a first angle (See said analysis for Claim 1); obtain image data from the image collection apparatus (See said analysis for Claim 1).
FUNAKI does not disclose but SHIGA discloses an image collection apparatus disposed on the vehicle (See said analysis for Claim 1)
FUNAKI and SHIGA do not disclose but PARK discloses a vertical direction of the photographing angle of the camera of the image collection apparatus is automatically adjusted (See said analysis for Claim 1)
As per Claim 15 FUNAKI discloses The apparatus according to claim 14, wherein the instructions further configures the apparatus to (See said analysis for Claim 14):
obtain a first instruction (Figs. 1-4, 5B, 6-9 camera 10 [Abstract] setting terminal 30 contains manipulation unit 34 to at least obtain in conjunction with processor [0042] [0063] [0073-0075] [0080]), wherein the first instruction is generated in response to enabling of a first mode of the vehicle (See said analysis for Claim 2); and send the first control instruction to the image collection apparatus based on the first instruction (See said analysis for Claim 2), wherein the first control instruction is used to control the photographing angle of the image collection apparatus to be the first angle (See said analysis for Claim 2), so that in the image collected by the image collection apparatus, the included angle between the lower side line of the body side of the vehicle and the vertical direction of the photographing angle is less than the first angle (See said analysis for Claim 2).
As per Claim 16 FUNAKI discloses The apparatus according to claim 14, wherein the instructions further configures the apparatus to (See said analysis for Claim 14):
obtain sensor data from a sensor, wherein the sensor is a sensor other than the image collection apparatus disposed on the vehicle or is the image collection apparatus (See said analysis for Claim 4); and determine (See said analysis for Claim 14), based on the sensor data, that an object enters a first range around the vehicle (See said analysis for Claim 4).
As per Claim 17 FUNAKI discloses The apparatus according to claim 16, wherein the instructions further configures the apparatus to (See said analysis for Claim 14): send a third control instruction to the image collection apparatus, wherein the third control instruction is used to control a photographing (See said analysis for Claim 13)
FUNAKI does not disclose but SHIGA discloses the photographing frequency of the image collection apparatus to be a second frequency, and the second frequency is greater than the first frequency (See said analysis for Claim 5)
As per Claim 18 FUNAKI discloses The apparatus according to claim 16, wherein the instructions further configures the apparatus to (See said analysis for Claim 14) control the photographing angle of the image collection apparatus to be adjusted with the object (See said analysis for Claim 6).
As per Claim 19 FUNAKI discloses The apparatus according to claim 16, wherein the instructions further configures the apparatus to (See said analysis for Claim 14) receive image data from the image collection apparatus (See said analysis for Claim 7)
FUNAKI does not disclose but SHIGA discloses when a distance between the object in the image data and the vehicle is less than a first distance, trigger saving and/or sending of the image data, or trigger saving and/or sending of key information in the image data (See said analysis for Claim 7).
As per Claim 20 FUNAKI discloses The apparatus according to claim 19, wherein the instructions further configures the apparatus to (See said analysis for Claim 14) based on an environment factor by performing (Figs. 1-19 non-interfering object as adjustment icon in the FOV for vehicle in the imaging capture environment [0154-0155])
FUNAKI does not disclose but SHIGA discloses image segmentation on the image data (Figs. 1-25 inter-vehicle distance object other vehicle derived from the captured image – send throttle change key info based this distance if it is less than required to maintain safe distances [0129-0131] [0306]), determine that the distance between the object and the vehicle is less than the first distance (Figs. 1-25 inter-vehicle distance object other vehicle derived from the captured image – send throttle change key info based this distance if it is less than required to maintain safe distances [0129-0131] [0306]) (The motivation that applied in Claim 1 applies equally to Claim 20)
Claim 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over FUNAKI et al. (Pub. No: US 2020-0382705) in view of SHIGA et al. (US Pub. No.: 2017-0267178) in view of PARK et al. (Pub. No: US 2014-0293061), as applied in Claims 1-7, 9-20, and further in view of STEIN et al (US Pub. No. 2016-0253566).
As per Claim 8 FUNAKI discloses The system according to claim 6, wherein the control system is further configured to (See said analysis for Claim 6): determine the object as a non-interfering object based on an environment factor (Figs. 1-19 non-interfering object as adjustment icon in the FOV for vehicle in the imaging capture environment [0154-0155])
FUNAKI SHIGA PARK do not disclose but STEIN discloses the non interfering object includes a shade or a branch of a tree (Figs. 1-2 driving assistance false alarm generators – non obstruction shadow cast by tree branch [0034-0035])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include the non interfering object includes a shade or a branch of a tree as taught by STEIN into the system of FUNAKI SHIGA PARK because of the benefit taught by STEIN to include an object detection unit assisting a driver by recognizing types of objects and classifying said objects as non-interfering which would enhance the drivers of both FUNAKI and SHIGA vehicle navigation systems and as well improve the image capture outcome and analysis in PARK image collection system.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EILEEN M ADAMS whose telephone number is 571-270-3688. The examiner can normally be reached on Monday-Friday from 7:00-4:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, William Vaughn can be reached on (571) 272-3922. The fax phone number for the organization where this application or proceeding is assigned is 571-270-4688.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have any questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/EILEEN M ADAMS/Primary Examiner, Art Unit 2481