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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/14/2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. EP23211245.8, filed on 11/21/2023.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Regarding claim 11, the phrase "i.e" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
Claims 1-4 and 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over Frederick et al [US 2019/0255988 A1].
In regards to claims 1. Frederick discloses an exterior lighting system (Fig. 1, 10 & Paragraph [0015]) for a vehicle comprising:
a lighting source (Fig. 1, 30) configured to emit a light beam (Paragraph [0016]), the lighting source (Paragraph [0015-18] headlamp assemblies 30, one at driver side and the other at a passenger side Fig. 1) being part of one of existing exterior lights of the vehicle (Fig. 1, 70 & Paragraph [0024] The light source 70 may be part of the headlamp assembly 30);
an object being configured to have at least one active position and a passive position, the object being configured to modify the light beam in the at least one active position and to have no effect on the light beam in the passive position (Paragraph [0018 & 0025] The vehicle 10 further includes a light diverting system, generally indicated as element 40 that includes a light diverting apparatus 42. The light diverting apparatus 42 includes a light diverting member 44. The light diverting member 44 includes a reflective surface 46, such as a mirror surface that can be used to reflect light toward a desired direction & Fig. 3, where the light diverting apparatus 42 in a stowed configuration, show by dotted lines);
an actuator (Paragraph [0026] actuation device 74) configured to move the object between the at least one active position and the passive position; and
a controller (Fig. 2, 55) for controlling the actuator (Paragraph [0026] actuation device 74), the controller (Fig. 2, 55) being configured to:
Frederick does not specify explicitly deactivate the actuator when the vehicle is not parked, so as to prevent the actuator from moving the object, the object staying in the passive position; and activate the actuator only when the vehicle is parked, so as to allow the actuator to move the object from the passive position to the at least one active position.
Frederick discloses deactivate the actuator when the vehicle is not parked, so as to prevent the actuator from moving the object, the object staying in the passive position; and activate the actuator only when the vehicle is parked, so as to allow the actuator to move the object from the passive position to the at least one active position (Paragraph [0034] The light diverting system 40 may further include a drive mode sensor 90 communicatively coupled over the communication path 54 to other vehicle modules. The drive mode sensor 90 may be configured to detect a particular driving mode of the vehicle 10. For example, the drive mode sensor 90 may detect whether the vehicle 10 has been placed in a park driving mode (e.g., park) and output a driving mode signal regarding the same. In one embodiment, the drive mode sensor 90 may be communicatively coupled with a gear shifter of the vehicle 10 and may output a driving mode signal indicative of the gear in which the vehicle 10 has been placed. The light diverting system 40, based on the driving mode of the vehicle 10, may execute logic to automatically return the light diverting apparatus 42 from the extended configuration to the stowed configuration or to allow/disallow use of the light diverting system 40. For example, the light diverting system 40 may only allow operation of the light diverting apparatus with the vehicle 10 in park.).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention was made to modify Frederick with deactivate the actuator when the vehicle is not parked, so as to prevent the actuator from moving the object, the object staying in the passive position; and activate the actuator only when the vehicle is parked, so as to allow the actuator to move the object from the passive position to the at least one active position for purpose of causes the system to receive user instructions from the user input device and adjust a position of the light diverting member using the light diverting apparatus based on the user instructions (Paragraph [0005]).
In regards to claims 2. Frederick discloses the exterior lighting system of claim 1, wherein in the at least one active position the object (Paragraph [0026] actuation device 74) is placed on at least part of a path of the light beam (Fig. 1, 30) and wherein in the passive position the object is placed away from the path of the light beam (Fig. 1, 30).
In regards to claims 3. Frederick discloses the exterior lighting system of claim 1, wherein the object is a diffusing panel (Fig. 1, 46), wherein the diffusing panel (Fig. 1, 46) is configured to change at least one parameter of the light beam in the at least one active position, the at least one parameter being chosen in the group consisting of a color, an intensity, and a pattern (Fig. 1 & Paragraph [0035]).
In regards to claims 4. Frederick discloses the exterior lighting system of claim 1, wherein the object is a deflector (Fig. 1, 44), wherein the deflector (Fig. 1, 44) is configured to deflect at least part of the light beam in the at least one active position (Paragraph [0025]).
In regards to claims 7. Frederick discloses the exterior lighting system of claim 1, wherein the controller (Fig. 2, 55) is configured to control the movement generated by the actuator (Paragraph [0026] actuation device 74) to move the object, when the actuator (Paragraph [0026] actuation device 74) is activated.
In regards to claims 8. Frederick discloses the exterior lighting system of claim 1, wherein the movement made by the object between the passive position and the at least one active position comprises at least one of a translation and a rotation (Paragraph [0018 & 0025]).
In regards to claims 9. Frederick discloses a vehicle (Fig. 1, 1) comprising the exterior lighting system of claim 1.
In regards to claims 10. Frederick discloses a method for controlling the exterior lighting system of claim 1, comprising: checking if the vehicle is parked; if the vehicle is parked, activating the actuator so as to allow the actuator to move the object from the passive position to the at least one active position; and if the vehicle is not parked, deactivating the actuator, so as to prevent the actuator from moving the object, the object staying in the passive position (Paragraph [0034] The light diverting system 40 may further include a drive mode sensor 90 communicatively coupled over the communication path 54 to other vehicle modules. The drive mode sensor 90 may be configured to detect a particular driving mode of the vehicle 10. For example, the drive mode sensor 90 may detect whether the vehicle 10 has been placed in a park driving mode (e.g., park) and output a driving mode signal regarding the same. In one embodiment, the drive mode sensor 90 may be communicatively coupled with a gear shifter of the vehicle 10 and may output a driving mode signal indicative of the gear in which the vehicle 10 has been placed. The light diverting system 40, based on the driving mode of the vehicle 10, may execute logic to automatically return the light diverting apparatus 42 from the extended configuration to the stowed configuration or to allow/disallow use of the light diverting system 40. For example, the light diverting system 40 may only allow operation of the light diverting apparatus with the vehicle 10 in park.).
In regards to claims 11. Frederick discloses the method of claim 10, wherein checking if the vehicle is parked comprises receiving an information from at least one sensor or connected device about a state of the vehicle (Paragraph [0034]), i.e., if it is parked or not.
In regards to claims 12. Frederick discloses the method of claim 11, wherein the at least one sensor or connected device is chosen in a group consisting of a key fob, a dashboard dedicated switch, a front camera, a side camera, a front radar, a side radar, a smart phone app (Paragraph [0031]), a voice recognition and an exterior control panel.
In regards to claims 13. Frederick discloses computer system of a controller of the exterior lighting system of claim 1, the computer system comprising processing circuitry (Fig. 2, 55) configured to: check if the vehicle is parked; if the vehicle is parked, activate the actuator so as to allow the actuator to move the object from the passive position to the at least one active position; and if the vehicle is not parked, deactivate the actuator so as to prevent the actuator from moving the object, the object staying in the passive position (Paragraph [0034] The light diverting system 40 may further include a drive mode sensor 90 communicatively coupled over the communication path 54 to other vehicle modules. The drive mode sensor 90 may be configured to detect a particular driving mode of the vehicle 10. For example, the drive mode sensor 90 may detect whether the vehicle 10 has been placed in a park driving mode (e.g., park) and output a driving mode signal regarding the same. In one embodiment, the drive mode sensor 90 may be communicatively coupled with a gear shifter of the vehicle 10 and may output a driving mode signal indicative of the gear in which the vehicle 10 has been placed. The light diverting system 40, based on the driving mode of the vehicle 10, may execute logic to automatically return the light diverting apparatus 42 from the extended configuration to the stowed configuration or to allow/disallow use of the light diverting system 40. For example, the light diverting system 40 may only allow operation of the light diverting apparatus with the vehicle 10 in park.).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Frederick et al [US 2019/0255988 A1] in view of Ajay Kumar et al [US 2023/0077175 A1]
In regards to claims 6. Frederick discloses the exterior lighting system of claim 1,
Frederick does not specify wherein the controller is the Engine Control Unit (ECU) of the vehicle.
Ajay Kumar discloses wherein the controller is the Engine Control Unit (ECU) of the vehicle (Paragraph [0003-4 & 0023]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the invention was made to modify Frederick with wherein the controller is the Engine Control Unit (ECU) of the vehicle for purpose of improves visibility to the approaching rider. Usually, switching headlamp to low beam position to improve road visibility for the approaching rider is done with the help of handle bar switches and handle bar switches requires manual intervention and it may not give better response during the time when within split seconds the ambient light changes which may result in cloudy judgement of the rider leading to an accident as disclosed by Ajay Kumar (Paragraph [0010]).
Allowable Subject Matter
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
“ wherein the exterior lighting system comprises a reflector configured to reflect the light beam after being deflected by the deflector.” as shown in claim 5.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WEI (VICTOR) CHAN whose telephone number is (571)272-5177. The examiner can normally be reached M-F 9:00am to 6:00pm.
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, Regis Betsch can be reached at 571-270-7101. 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.
WEI (VICTOR) CHAN
Primary Examiner
Art Unit 2844
/WEI (VICTOR) Y CHAN/Primary Examiner, Art Unit 2844