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 Rejections - 35 USC § 112
Claims 8-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites the limitation "a processor that is configured such that it is able to carry out the steps of the computer-implemented method". There is insufficient antecedent basis for this limitation in the claim. Examiner’s Note: this claim appears to be intended as being dependent on Claim 1 however it is currently not and has been examined in this context.
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.
Claims 1 and 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over Ribero (US 2022/0314798) in view of Agnew (US 2015/0161458).
As per Claim 1:
Ribero discloses the following limitations:
“A computer-implemented method for controlling a graphical user interface on a display of a vehicle, wherein the graphical user interface comprises at least one driver-side digital rearview mirror area and at least one passenger-side digital rearview mirror area, the method comprising: receiving a current driving mode, wherein, if the current driving mode corresponds to high or full automation, the method comprises: receiving driver-side image data, comprising an image of a driver-side rear field of view, receiving passenger-side image data, comprising an image of a passenger-side rear field of view, displaying the driver-side image data in the driver-side digital rearview mirror area in such a way that said data are displayed less obviously than in a manual driving mode, displaying the passenger-side image data in the passenger-side digital rearview mirror area in such a way that said data are displayed less obviously than in the manual driving mode,”
Ribero Paragraphs [0061]-[0064] discloses changing the size of the display from the side cameras based on whether a vehicle is in autonomous driving mode.
Ribero does not disclose the following limitations that Agnew does disclose:
“identifying objects in the driver-side image data and the passenger-side image data, checking whether at least one trigger object has been identified in the objects, wherein, if at least one trigger object has been identified, the method comprises: adapting the graphical user interface, in particular the driver-side digital rearview mirror area and the passenger-side digital rearview mirror area, and displaying the adapted graphical user interface on the display of the vehicle.”
Agnew Paragraphs [0012]-[0017] disclose a vehicle that uses a camera for rear-view visualization on a display screen for the driver that changes the graphical interface (i.e. the screen elements) when an object detected behind the vehicle is determined to be an emergency vehicle. It would be obvious to one of ordinary skill in the art that the location of the screen is arbitrary so long as it is in view of the driver.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the system disclosed by Ribero with the object identification disclosed by Agnew. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to make the system safer by preventing the obstruction of emergency vehicles based on occluded vision.
With regards to Claim 3, Ribero in view of Agnew discloses all of the limitations of Claim 1 and further discloses the following limitations:
“wherein the graphical user interface comprises at least one additional display area.”
Ribero Figure 3 discloses multiple display areas.
With regards to Claim 4, Ribero in view of Agnew discloses all of the limitations of Claim 1 and further discloses the following limitations:
“wherein the at least one trigger object corresponds to at least one of an ambulance, a fire truck, a police vehicle, a bicycle and a person.”
Agnew [Abstract] discloses identifying emergency vehicles.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the system disclosed by Ribero with the object identification disclosed by Agnew. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to make the system safer by preventing the obstruction of emergency vehicles based on occluded vision.
With regards to Claim 5, Ribero in view of Agnew discloses all of the limitations of Claim 1 and further discloses the following limitations:
“wherein the adaptation of the graphical user interface is achieved by at least one of a change in size, a change in color, a change in contrast, a change in blurring of the driver-side image data, and the passenger-side image data.”
Ribero Paragraph [0064] discloses adjusting field of view of an image with is analogous to changing the size of said image, however it would also be obvious to one of ordinary skill in the art to modify the image in any way that accomplishes the stated goal of the reference (i.e. "driver comfort/vigilance").
With regards to Claim 6, Ribero in view of Agnew discloses all of the limitations of Claim 1 and further discloses the following limitations:
“A computer program product containing instructions that, when the program is executed by a computer, cause said computer to carry out the method as claimed in claim 1.”
Ribero discloses a system that operates automatically and clearly via a computer.
As per Claim 7: this claim is substantially similar to Claim 1 and is therefore rejected using the same references and rationale.
With regards to Claim 8, Ribero in view of Agnew discloses all of the limitations of Claim 1 and further discloses the following limitations:
“A data processing device, comprising: a processor that is configured such that it is able to carry out the steps of the computer-implemented method, a computer-readable storage medium that is communicatively connected to the processor, a driver-side rearview mirror camera that is communicatively connected to the processor, a passenger-side rearview mirror camera that is communicatively connected to the processor, and a display that is communicatively connected to the processor.”
Ribero discloses a system that operates automatically and clearly via a computer as well as the other claimed devices.
With regards to Claim 9, Ribero in view of Agnew discloses all of the limitations of Claim 8 and further discloses the following limitations:
“The data processing device as claimed in claim 8, wherein the data processing device is located in a vehicle.”
Ribero discloses a system that operates automatically and clearly via a computer as well as the other claimed devices, it would be obvious to one of ordinary skill in the art that the placement of processing components would be in the vehicle.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ribero (US 2022/0314798) in view of Agnew (US 2015/0161458) in view of Gross (US 2022/0089181).
With regards to Claim 2, Ribero in view of Agnew discloses all of the limitations of Claim 1 but does not disclose the following limitations that Gross does disclose:
“wherein the current driving mode is characterized by a classification according to SAE J3016.”
Gross Paragraph [0002] discloses the various stages of autonomous operation according to SAE J3016.
It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the system disclosed by Ribero in view of Agnew with the recognition of the definition of autonomous vehicles disclosed by Gross. One of ordinary skill in the art would have been motivated to make this modification, with a reasonable expectation of success, in order to make the system more effective by ensuring that it complies with industry standards.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Godfrey Maciorowski, whose telephone number is (571) 272-4652. The examiner can normally be reached on Monday-Friday from 7:30am to 5:00pm EST.
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If attempts to reach examiner by telephone are unsuccessful the examiner’s supervisor, Vivek Koppikar can be reached on (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/GODFREY ALEKSANDER MACIOROWSKI/Examiner, Art Unit 3667
/JOAN T GOODBODY/Examiner, Art Unit 3667