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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Equalizing Distortions Caused By Camera Device For Vehicle Display With Overlay
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims.
Figs. 6-7 are functional block diagrams that merely show blank boxes/blocks for all of the reference numbers which do not show the features of the invention as recited in the claims. In other words, raw reference numbers and otherwise blank boxes are simply not sufficient to show the claimed device features directed to structure. Moreover, these blank boxes correspond to recited claim elements thus resulting a failure to illustrate claimed features. As such, these features must be shown or the features canceled from the claims. It is suggested that English language labels be applied to the blank boxes. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4, 8, and 9 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by May (US 20160311374 A1).
Claim 1
In regards to claim 1, May discloses a method for capturing an image outside a motor vehicle {it is noted that “outside a motor vehicle” is mere intended use particularly in view of the fact that the body of the claim fails to breathe life and meaning into this phrase or otherwise recite or claim any component or relation to a motor vehicle. The sole exception is the cursory reference in the providing step that provides the equalized image together with the overlay image to a user of the motor vehicle which does even require current usage of the motor vehicle let alone actually recite any component or definitive relationship to 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 {Fig. 1 illustrates a vehicle 10 with cameras 14a-d capturing images outside the vehicle, the images being distorted due to the nature of the camera, [0017]-[0018], [0026], [0030], [0032]};
capturing a property of the camera device {see Fig. 7 illustrating the standard STE (spatial transform engine) being adapted/modified such that it equalizes each camera’s distortion via a calibration process, [0025]};
equalizing the image based on the property of the camera device {See Figs. 4, 7, [0020]-[0025]};
providing an overlay image on the image, which overlays at least a portion of the image {Fig. 4 shows the provided overlays (e.g. guiding lines), [0005]-[0006], [0019]-[0021]}; and
providing the equalized image together with the overlay image to a user of the motor vehicle {Fig. 4 illustrates the displayed (provide) equalized image with the overlay (e.g. guiding lines) provided on a display device 16, [0018]-[0019], [0021]}.
Claim 4
In regards to claim 4, May discloses wherein the camera property comprises a model of the camera device {see Fig. 7 illustrating the standard STE (spatial transform engine/model) being adapted/modified such that it equalizes each camera model’s distortion via a calibration process, [0025]. In other words, each camera model has a different STE engine/model such that the “camera property” includes the model of the camera device}.
Claims 8 and 9
The rejection of method claim 1 above applies mutatis mutandis to the corresponding limitations of apparatus claim 8 and vehicle claim 9 while noting that the rejection above cites to both device and method disclosures. As to the broadly recited “motor vehicle”, see Fig. 1 vehicle 10, [0018].
Claims 1, 2, 7, 8 and 9 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Zhang (US 20140111637 A1)
Claim 1
In regards to claim 1, Zhang discloses a method for capturing an image outside a motor vehicle (see title, abstract, Figs. 1, 4, 9, 11, 13-15 including applying adaptive overlay 103. Zhang also solves the same or analogous problem of compensating for distortions caused by the vehicle cameras including capturing a property of the camera device {see Figs. 13, 14, 15, [0038], [0067]-[0071] in which the processing unit 22 utilizes a respective camera model selected based on the type of camera, wherein such camera model is specific to each camera of the system and is used to correct/equalize distortions caused by the camera such a barrel distortions caused by the wide angle lenses used by the cameras};
capturing an image outside a motor vehicle using a camera device, the captured image being distorted due to the nature of the camera device {Fig. 1 vehicle 12 with camera 14 capturing an image outside the vehicle. The captured image being distorted by the wide angle lens being used. [0038]-[0039], [0046]-[0051]};
capturing a property of the camera device {see [0034]-0040], [0046]-[0051], [0067] defining the camera model which captures various properties of the camera device};
equalizing the image based on the property of the camera device {see [0067]-[0071] image is projected/equalized based on the camera model (property of camera device)};
providing an overlay image on the image, which overlays at least a portion of the image {Fig. 15, adaptive overlay 103}; and
providing the equalized image together with the overlay image to a user of the motor vehicle {Fig. 15, [0075]}.
Claim 7
In regards to claim 7, Zhang discloses calculating a histogram of the image, wherein the overlay image is provided based on the histogram {see Fig. 15, adaptive overlay, [0082]-[0084] which is dynamically adjusted/provided based on lighting conditions are determined via calculating a histogram, Fig. 17, [0087]-[0096]}.
Independent Claim 2
In regards to claim 2, Zhang discloses a method for capturing an image outside a motor vehicle (see title, abstract, Figs. 1, 4, 9, 11, 13-15 including applying adaptive overlay 103. Zhang also solves the same or analogous problem of compensating for distortions caused by the vehicle cameras including capturing a property of the camera device {see Figs. 13, 14, 15, [0038], [0067]-[0071] in which the processing unit 22 utilizes a respective camera model selected based on the type of camera, wherein such camera model is specific to each camera of the system and is used to correct/equalize distortions caused by the camera such a barrel distortions caused by the wide angle lenses used by the cameras}, 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 {Fig. 1 vehicle 12 with camera 14 capturing an image outside the vehicle. The captured image being distorted by the wide angle lens being used. [0038]-[0039], [0046]-[0051]};
capturing a property of the camera device {see [0034]-0040], [0046]-[0051], [0067] defining the camera model which captures various properties of the camera device. See also calculating histogram of the captured image which also captures a property of the camera device (the captured image reflects the ambient lighting conditions as well as the camera sensor’s gain, ISO, and F-stop all of which are camera properties which are measure/captured via the histogram of the captured image, Fig. 17, [0087]-[0096]};
providing a distorted overlay image on the image based on the property, which overlays at least a portion of the image {see Fig. 15, adaptive overlay, [0082]-[0084] which is dynamically distorted/adjusted/provided based on lighting conditions that are determined via calculating a histogram, Fig. 17, [0087]-[0096]. See also instant specification [0083] discussing “predominantly dark image of the camera device” thus indicating that “distortions” and “equalizing” includes brightness/intensity};
equalizing the image and the overlay image based on the property of the camera device {see [0067]-[0071] image is projected/equalized based on the camera model (property of camera device). Note that the image and the overlay image are also equalized via adjusting the relative scene brightness as per [0080]-[0095}; and
providing the equalized image together with the equalized overlay image to a user of the motor vehicle {Fig. 15, adaptive overlay 103, [0075]-[0095]}.
Claims 8 and 9
The rejection of method claim 1 above applies mutatis mutandis to the corresponding limitations of apparatus claim 8 and vehicle claim 9 while noting that the rejection above cites to both device and method disclosures. As to the broadly recited “motor vehicle”, see Fig. 1 vehicle 10, [0008], [0029].
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.
Claims 3, 5, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over May and Pflug (US 2014/0333729 A1)
Claim 3
In regards to claim 3, May is not relied upon to disclose the broadly worded and highly conventional use of graphical user interfaces in vehicle that accept user input to control a variety of vehicle functions.
Pflug is a highly relevant and analogous reference from the same field of vehicle vision systems with overlays (see title, abstract, Figs. 1, 7, 20 and cites below). Plug also solves the same or analogous problem of compensating for distortions caused by the vehicle cameras including capturing a property of the camera device {see [0061], [0067] in which parameters are captured/input for the display customization including noise levels of the different cameras which may be set/captured using parameters}. See also the application of Pflug to independent claim 2 which is hereby incorporated by reference}.
Pflug also teaches capturing a user input in response to the equalized image; and enabling a function of the motor vehicle depending on the user input {see [0043], [0066] soft buttons, overlays used as control buttons or inputs for vehicle functions}.
It 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 to have modified May which already discloses a vehicle display including overlays such that the overlays are used as a control button/interface and such that the displayed overlays capture a user input in response to the equalized image; and enable a function of the motor vehicle depending on the user input as taught by Pflug because GUI-type displays with such overlays are a convenient and ubiquitous way of providing user input for vehicle control, because there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results.
Claim 5
In regards to claim 5, May is not relied upon to disclose but Pflug teaches wherein the overlay image follows a characteristic contour in the image {see Fig. 7 illustrating an overlay representing a vehicle in which the overlays follows a characteristic contour (periphery of vehicle), [0106]. See also Figs. 19A-B illustrating a box (rectangular) frame overlay, [0030], [0053] that follows a characteristic counter (indicative of the detected object)}.
It 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 to have modified May which already discloses a vehicle display including overlays such that the overlay image follows a characteristic contour in the image as taught by Pflug because the vehicle contour helps orient the viewer to the combined birds’ eye view display from the vehicle cameras, because the box frame overlay shows the extent of objects being detected or mis-detected, because there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results.
Claim 6
In regards to claim 5, May is not relied upon to disclose but Pflug teaches
wherein the overlay image comprises a rectangular frame {see Fig. 7 illustrating an overlay representing a vehicle using a rectangular frame, [0106]. See also Figs. 19A-B illustrating a box (rectangular) frame overlay, [0030], [0053]}.
It 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 to have modified May which already discloses a vehicle display including overlays such that the overlay image comprises a rectangular frame as taught by Pflug because the rectangular vehicle contour helps orient the viewer to the combined birds’ eye view display from the vehicle cameras, because the box frame overlay shows the extent of objects being detected or mis-detected, because there is a reasonable expectation of success and/or because doing so merely combines prior art elements according to known methods to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael R Cammarata whose telephone number is (571)272-0113. The examiner can normally be reached M-Th 7am-5pm EST.
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, Matthew Bella can be reached at 571-272-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL ROBERT CAMMARATA/Primary Examiner, Art Unit 2667
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