Prosecution Insights
Last updated: October 01, 2026
Application No. 18/882,510

METHOD AND APPARATUS FOR CAPTURING AN IMAGE OUTSIDE A MOTOR VEHICLE, AND MOTOR VEHICLE

Final Rejection §102§103
Filed
Sep 11, 2024
Priority
Sep 12, 2023 — DE 10 2023 208 845.2
Examiner
NGUYEN, CHAN T H
Art Unit
2638
Tech Center
2600 — Communications
Assignee
Continental AG
OA Round
2 (Final)
86%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 86% — above average
86%
Career Allowance Rate
432 granted / 500 resolved
+24.4% vs TC avg
Minimal +3% lift
Without
With
+2.7%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
20 currently pending
Career history
515
Total Applications
across all art units

Statute-Specific Performance

§101
2.9%
-37.1% vs TC avg
§103
55.5%
+15.5% vs TC avg
§102
28.5%
-11.5% vs TC avg
§112
5.5%
-34.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 500 resolved cases

Office Action

§102 §103
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 Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 03/10/2026, 12/17/2025, 02/04/2025 and 09/11/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. Claims 1-4 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bandou (US 2012/0293659). Regarding claim 1, Bandou discloses a method for capturing an image outside a motor vehicle, comprising: capturing an image outside a motor vehicle using a camera device, the captured image being distorted due to the nature of the camera device (Bandou: see fig. 1 and pars. [0048], [0104], capturing an image outside the vehicle 9 using a camera device 21, the captured image being distorted due to the nature of the camera device 21); capturing a property of the camera device (Bandou: see fig. 6 and par. [0048], [0083], capturing a property as outside of the vehicle 9 of the camera device 21); equalizing the image based on the property of the camera device (Bandou: see fig. 6 and par. [0048], [0083], equalizing the image as calibration judgment based on the property of the camera device 21); checking the equalized image based on the property of the camera device (Bandou: see fig. 6 and pars. [0083], [0104], checking the equalized imaged as synthetic image based on the property of the camera device); and providing the equalized image to a user of the motor vehicle (Bandou: see pars. [0050]-[0051], providing the synthetic image to a user of the vehicle 9). Regarding claim 2, Bandou discloses the method as claimed in claim 1, further comprising: enabling a function of the motor vehicle depending on the checking the equalized image based on the property of the camera device (Bandou: see par. [0050], wherein the driver can perform some actions such as pressing the brake pedal based on the synthesis image displayed based on the property of the camera device 21 as the driver of the vehicle 9 can grasp the situation around the vehicle in near real time based on the synthesis image being displayed). Regarding claim 3, Bandou discloses the method as claimed in claim 1, wherein the checking the equalized image based on the property of the camera device comprises checking image features (Bandou: see fig. 8 and pars. [0084]-[0085], wherein calibration process includes checking the image of the property). Regarding claim 4, Bandou discloses the method as claimed in claim 1, wherein the checking the equalized image based on the property of the camera device is carried out in a functionally safe area (Bandou: see fig. 6 and par. [0091], wherein the calibration process based on the property of the camera device is carried out in derive installation parameters process S15). Regarding claim 7, Bandou discloses the method as claimed in claim 1, wherein the camera property comprises a captured image section (Bandou: see fig. 4). Regarding claim 8, Bandou discloses the method as claimed in claim 1, wherein the camera property comprises an element captured in the image (Bandou: see fig. 4). Regarding claim 9, Bandou discloses an apparatus for capturing an image outside a motor vehicle, wherein the apparatus (21) is designed to carry out a method, the method comprising: capturing an image outside a motor vehicle using a camera device, the captured image being distorted due to the nature of the camera device (Bandou: see fig. 1 and pars. [0048], [0104], capturing an image outside the vehicle 9 using a camera device 21, the captured image being distorted due to the nature of the camera device 21); capturing a property of the camera device (Bandou: see fig. 6 and par. [0048], [0083], capturing a property as outside of the vehicle 9 of the camera device 21); equalizing the image based on the property of the camera device (Bandou: see fig. 6 and par. [0048], [0083], equalizing the image as calibration judgment based on the property of the camera device 21); checking the equalized image based on the property of the camera device (Bandou: see fig. 6 and pars. [0083], [0104], checking the equalized imaged as synthetic image based on the property of the camera device); and providing the equalized image to a user of the motor vehicle (Bandou: see pars. [0050]-[0051], providing the synthetic image to a user of the vehicle 9). Regarding claim 10, Bandou discloses a motor vehicle comprising an apparatus for capturing an image outside the motor vehicle, wherein the apparatus is designed to carry out a method, the method comprising: capturing an image outside a motor vehicle using a camera device, the captured image being distorted due to the nature of the camera device (Bandou: see fig. 1 and pars. [0048], [0104], capturing an image outside the vehicle 9 using a camera device 21, the captured image being distorted due to the nature of the camera device 21); capturing a property of the camera device (Bandou: see fig. 6 and par. [0048], [0083], capturing a property as outside of the vehicle 9 of the camera device 21); equalizing the image based on the property of the camera device (Bandou: see fig. 6 and par. [0048], [0083], equalizing the image as calibration judgment based on the property of the camera device 21); checking the equalized image based on the property of the camera device (Bandou: see fig. 6 and pars. [0083], [0104], checking the equalized imaged as synthetic image based on the property of the camera device); and providing the equalized image to a user of the motor vehicle (Bandou: see pars. [0050]-[0051], providing the synthetic image to a user of the vehicle 9). 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. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Bandou (US 2012/0293659). Regarding claim 6, Bandou discloses the method as claimed in claim 1. Bandou does not explicitly disclose that the camera property comprises a model of the camera device. The Examiner takes Official Notice that the camera property comprises a model of the camera device is well known in the art. Therefore, it would have been obvious to one of ordinary skill in the art to incorporate that camera property into Bandou’s system. The motivation to do so is to classify the camera. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Bandou (US 2012/0293659) in view of Alsheimer (US 2024/0288355). Regarding claim 5, Bandou discloses the method as claimed in claim 1. Bandou does not explicitly disclose that the checking the equalized image based on the property of the camera device is carried out using artificial intelligence. On the other hand, Alsheimer teaches that the checking the equalized image based on the property of the camera device is carried out using artificial intelligence (Alsheimer: see par. [0051], wherein the steps of comparing the measured values to the predetermined values and/or generating the image calibration information are performed using machine learning, deep learning or artificial intelligence methods). One would have been modified to include artificial intelligence method as taught by Alsheimer in the apparatus of Bandou to enable accurate generating of the image calibration information (Alsheimer: see par. [0051]). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention to combine the teaching of Alsheimer with the Bandous’s system to include that the checking the equalized image based on the property of the camera device is carried out using artificial intelligence. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHAN T H NGUYEN whose telephone number is (571)272-3452. The examiner can normally be reached M-F 8AM-4PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lin Ye can be reached at 571-272-7372. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHAN T NGUYEN/Patent Examiner, Art Unit 2638 /LIN YE/Supervisory Patent Examiner, Art Unit 2638
Read full office action

Prosecution Timeline

Sep 11, 2024
Application Filed
Apr 22, 2026
Non-Final Rejection mailed — §102, §103
Jul 21, 2026
Response Filed
Sep 28, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
86%
Grant Probability
89%
With Interview (+2.7%)
2y 0m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 500 resolved cases by this examiner. Grant probability derived from career allowance rate.

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