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
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. KR10-2024-0097372, filed on 7/23/2024.
Response to Arguments
Applicant's arguments filed 1/09/2026 have been fully considered but they are not persuasive.
Regarding Rejections under 35 U.S.C. § 103,
Applicant contends that the cited prior art fails to disclose newly amended limitations of independent claims 1, 8, and 10 including a communication device, wherein, in a rear monitor state in which the rear view mode is on, the gear switch indicates the shift range is in a park or neutral gear, and the rear door is opened, the IVI system receives the image signal acquired by capturing the rear view of the vehicle from the built-in camera and generates the rear image signal by using the image signal, and wherein the communication device is configured to receive the rear image signal from the IVI system and to transmit the rear image signal to a personal terminal of a vehicle driver.”
See the rejection below for how the cited art in light of new/existing references reads on the newly amended language as well as the examiner’s interpretation of the cited art in view of the presented claim set.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mokashi et al. (US 20140071279 A1) (hereinafter Mokashi) in view of Yamada et al. (US 20190084495 A1) (hereinafter Yamada) in view of Wisnia et al. (US 20170313262 A1) (hereinafter Wisnia).
Regarding claim 1, Mokashi discloses:
A vehicle comprising:
a rear door configured to selectively open and close a rear part of the vehicle; [See Mokashi, ¶ 0031, Fig. 1 discloses a tailgate (36) which is movable between a closed position and open position.]
a gear switch configured to manipulate a gear shift of the vehicle; [See Mokashi, ¶ 0065-0067 discloses determining whether or not a transmission of the vehicle is set in reverse gear indicating that the driver is backing up.]
a built-in camera disposed on a frame supporting the rear door and implemented to capture a rear view behind the vehicle; [See Mokashi, Figs. 1, 17 illustrates a “built-in” camera 60, disposed on a frame of the vehicle and captures a “rear view” or a view of a cargo area of a vehicle, e.g.]
an in-vehicle infotainment (IVI) system configured to receive an image signal acquired by capturing the rear view of the vehicle from the built-in camera based on at least one of a state of a shift range indicated by the gear switch and an open or closed state of the rear door when a rear view mode is on; and [See Mokashi, Fig. 3, ¶ 0032-0033, 0038-0043, 0051, 0065-0067 discloses a “display” element 44, which receives video images captured by any one and/or all of a plurality of cameras mounted to a vehicle and streaming said images to a display such that a driver of the vehicle can watch the display 44 and observe the streaming video. Particularly, it is noted that shifting a transmission into a reverse gear is what may prompt the system to trigger a request for a stream of video images to be sent from cameras of the vehicle.]
a display device configured to display a rear image signal provided from the IVI system; [See Mokashi, Fig. 3 illustrates a display 44 and a video control panel 46.]
wherein the rear view mode is an operation mode where the IVI system provides a rear view image of the vehicle, [See Mokashi, ¶ 0048-0049, 0052-0053, Figs. 1 and 9 disclose capturing “rear view images” of the vehicle – particularly, of a cargo area of the vehicle as captured by a “built-in” camera 60.]
Mokashi does not appear to explicitly disclose:
wherein, in a rear monitor state in which the rear view mode is on, the gear switch indicates the shift range is in a park or neutral gear, and the rear door is opened, the IVI system receives the image signal acquired by capturing the rear view of the vehicle from the built-in camera and generates the rear image signal by using the image signal, and
However, Yamada:
wherein, in a rear monitor state in which the rear view mode is on, the gear switch indicates the shift range is in a park or neutral gear, and the rear door is opened, the IVI system receives the image signal acquired by capturing the rear view of the vehicle from the built-in camera and generates the rear image signal by using the image signal, and [See Yamada, ¶ 0052-0053 discloses detecting that a door of a vehicle is opened, and synthesizing a rear video captured from a camera on the rear of said vehicle; See Yamada, ¶ 0059 discloses that after a bird's-eye view video illustrated in FIG. 3 is displayed based on the reverse trigger at Step S11, it may be possible to additionally determine whether the vehicle V is stopped to ensure the validity of the determination at Step S12. WWhen display of the bird's-eye view video is started due to the reverse trigger at Step S11, and even when the vehicle is stopped after the reverse movement and then the shift position is changed from reverse to parking, neutral or the like, display of the bird's-eye view video is continued instead of being terminated.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Mokashi to add the teachings of Yamada in order to enable continuous display of a rear-view perspective to a driver of a vehicle even when a door of the vehicle is open and based on a transmission state of the vehicle.
Mokashi in view of Yamada does not appear to explicitly disclose:
a communication device,
wherein the communication device is configured to receive the rear image signal from the IVI system and to transmit the rear image signal to a personal terminal of a vehicle driver.
However, Wisnia discloses:
a communication device, [See Wisnia, ¶ 0010, 0022 discloses a wireless data module for communicating with an automobile rear view camera device.]
wherein the communication device is configured to receive the rear image signal from the IVI system and to transmit the rear image signal to a personal terminal of a vehicle driver. [See Wisnia, ¶ 0004-0006, 0009, 0022, 0056 discloses a smartphone displaying images from a camera mounted on a rear of a vehicle and providing a corresponding rear-view perspective.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Mokashi in view of Yamada to add the teachings of Wisnia in order to enable wireless communication and display of images captured from a rear-view of a vehicle on a user’s smartphone.
Regarding claim 2, Mokashi in view of Yamda in view of Wisnia discloses all the limitations of claim 1.
Mokashi discloses:
wherein, in a reverse open state in which the rear view mode is on, the gear switch indicates the shift range in reverse, [See Mokashi, Fig. 10, ¶ 0066 discloses detection based on signals from the vehicle sensors, and a determination whether or not the transmission of the vehicle is set in reverse gear. Particularly, if the transmission is in reverse, the image processor 50 interprets that information as a request for an unaltered streaming of the area rearward of the vehicle 10 captured by the rear camera 54.] and the rear door is in the open state, [See Mokashi, ¶ 0069 discloses receiving a signal from the tailgate sensor which indicates whether a rear door is in an open or closed state.] the IVI system receives the image signal acquired by capturing the rear view of the vehicle from the built-in camera and generates the rear image signal by using the image signal. [See Mokashi, ¶ 0066-0069 discloses that if the transmission is in reverse, the image processor 50 interprets that information as a request for an unaltered streaming of the area rearward of the vehicle 10 captured by the rear camera 54 (or captured by the cargo area camera 60 if the rear camera 54 is disabled). Hence, if the door is open, the rear camera 54 is disabled, and the cargo area camera 60 (or “built-in” camera per the language of the claims) is used.]
Regarding claim 3, Mokashi in view of Yamda in view of Wisnia discloses all the limitations of claim 2.
Mokashi discloses:
further comprising:
a rear camera disposed at the rear door, wherein, in the reverse open state, the IVI system requests the built-in camera instead of the rear camera to transmit the image signal, and [See Mokashi, Figs. 1 and 9 illustrate “rear camera” 54 disposed at the tailgate (rear door); See Mokashi, ¶ 0066-0069 discloses that if the transmission is in reverse, the image processor 50 interprets that information as a request for an unaltered streaming of the area rearward of the vehicle 10 captured by the rear camera 54 (or captured by the cargo area camera 60 if the rear camera 54 is disabled). Hence, if the door is open, the rear camera 54 is disabled, and the cargo area camera 60 (or “built-in” camera per the language of the claims) is used.]
the built-in camera captures the rear view behind the vehicle in response to the request to generate the image signal and transmits the generated image signal to the IVI system. [See Mokashi, ¶ 0066-0069 discloses that the video images from the plurality of cameras are streamed by image processor 50 to display 44. In each of the examples in FIGS. 11-14, the image processor 50 streams the video images from the cargo area camera 60 to left side of the display 44.]
Regarding claim 6, Mokashi in view of Yamda in view of Wisnia discloses all the limitations of claim 1.
Mokashi discloses:
wherein, when the rear view mode is on and the gear switch indicates the shift range in reverse, the IVI system receives the image signal acquired by capturing the rear view of the vehicle from the built-in camera and generates the rear image signal by using the image signal. [See Mokashi, Figs. 1 and 9 illustrate “rear camera” 54 disposed at the tailgate (rear door); See Mokashi, ¶ 0066-0069 discloses that if the transmission is in reverse, the image processor 50 interprets that information as a request for an unaltered streaming of the area rearward of the vehicle 10 captured by the rear camera 54 (or captured by the cargo area camera 60 if the rear camera 54 is disabled). Hence, if the door is open, the rear camera 54 is disabled, and the cargo area camera 60 (or “built-in” camera per the language of the claims) is used; See Mokashi, ¶ 0066-0069 discloses that the video images from the plurality of cameras are streamed by image processor 50 to display 44. In each of the examples in FIGS. 11-14, the image processor 50 streams the video images from the cargo area camera 60 to left side of the display 44.]
Regarding claim 7, Mokashi in view of Yamda in view of Wisnia discloses all the limitations of claim 1.
Mokashi discloses:
further comprising:
a center fascia including a switch for controlling the rear view mode. [See Mokashi, ¶ 0040, Fig. 3 discloses/illustrates a video control panel 46 in an instrument panel 40 provided with one or more controls that allow a driver/occupant of the vehicle to select a type of view desired for output on the display 44.]
Regarding claim 8, Mokashi discloses:
A method of monitoring a rear view behind a vehicle by an in-vehicle infotainment (IVI) system of the vehicle, the method comprising: [See Mokashi, ¶ 0040, Figs. 1 and 3 illustrates an instrument panel 40 provided with one or more controls that allow a driver/occupant of the vehicle to select a type of view desired for output on the display 44.]
transmitting, by a center fascia of the vehicle, a mode control signal to the IVI system indicating that a rear view mode is on; [See Mokashi, ¶ 0040, Fig. 3 discloses/illustrates a video control panel 46 in an instrument panel 40 provided with one or more controls that allow a driver/occupant of the vehicle to select a type of view desired for output on the display 44.]
transmitting, by a door detection sensor, a door opening/closing signal to the IVI system by detecting that a rear door of the vehicle is opened; [See Mokashi, ¶ 0031, Fig. 1 discloses a tailgate (36) which is movable between a closed position and open position; See Mokashi, ¶ 0069 discloses receiving a signal from the tailgate sensor which indicates whether a rear door is in an open or closed state.]
transmitting, by a gear switch of the vehicle, a gear signal to the IVI system indicating a shift range in reverse; [See Mokashi, ¶ 0065-0067 discloses determining whether or not a transmission of the vehicle is set in reverse gear indicating that the driver is backing up.]
detecting, by the IVI system, a reverse open state in which the vehicle reverses while the rear door is opened under a condition that the rear view mode is on, based on the mode control signal, the gear signal, and the door opening/closing signal;
[See Mokashi, Fig. 10, ¶ 0066 discloses detection based on signals from the vehicle sensors, and a determination whether or not the transmission of the vehicle is set in reverse gear. Particularly, if the transmission is in reverse, the image processor 50 interprets that information as a request for an unaltered streaming of the area rearward of the vehicle 10 captured by the rear camera 54; See Mokashi, ¶ 0069 discloses receiving a signal from the tailgate sensor which indicates whether a rear door is in an open or closed state]
requesting, by the IVI system, a built-in camera of the vehicle to transmit an image signal when the reverse open state is detected; and [See Mokashi, ¶ 0066-0069 discloses that if the transmission is in reverse, the image processor 50 interprets that information as a request for an unaltered streaming of the area rearward of the vehicle 10 captured by the rear camera 54 (or captured by the cargo area camera 60 if the rear camera 54 is disabled). Hence, if the door is open, the rear camera 54 is disabled, and the cargo area camera 60 (or “built-in” camera per the language of the claims) is used.]
generating, by the built-in camera of the vehicle, the image signal indicating an image acquired by capturing the rear view behind the vehicle in response to the request and transmitting the generated image signal to the IVI system [See Mokashi, ¶ 0066-0069 discloses that the video images from the plurality of cameras are streamed by image processor 50 to display 44. In each of the examples in FIGS. 11-14, the image processor 50 streams the video images from the cargo area camera 60 to left side of the display 44.]
Yamada discloses:
receiving, by the IVI system, the image signal and converting the received image signal into a rear image signal by image-processing the signal; and [See Yamada, ¶ 0052-0053 discloses detecting that a door of a vehicle is opened, and synthesizing a rear video captured from a camera on the rear of said vehicle; See Yamada, ¶ 0059 discloses that after a bird's-eye view video illustrated in FIG. 3 is displayed based on the reverse trigger at Step S11, it may be possible to additionally determine whether the vehicle V is stopped to ensure the validity of the determination at Step S12. WWhen display of the bird's-eye view video is started due to the reverse trigger at Step S11, and even when the vehicle is stopped after the reverse movement and then the shift position is changed from reverse to parking, neutral or the like, display of the bird's-eye view video is continued instead of being terminated.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Mokashi to add the teachings of Yamada in order to enable continuous display of a rear-view perspective to a driver of a vehicle even when a door of the vehicle is open and based on a transmission state of the vehicle.
Wisnia discloses:
transmitting, by a communication device of the vehicle, the rear image signal to a personal terminal of a driver or occupant of the vehicle. [See Wisnia, ¶ 0004-0006, 0009, 0022, 0056 discloses a smartphone displaying images from a camera mounted on a rear of a vehicle and providing a corresponding rear-view perspective.]
It would have been obvious to the person having ordinary skill in the art before the effective filing date of the claimed invention to modify the invention disclosed by Mokashi in view of Yamada to add the teachings of Wisnia in order to enable wireless communication and display of images captured from a rear-view of a vehicle on a user’s smartphone.
Regarding claim 9, Mokashi in view of Yamda in view of Wisnia discloses all the limitations of claim 8.
Mokashi discloses:
further comprising: receiving, by the IVI system, the image signal and converting the received image signal into a rear image signal by image-processing the signal; and [See Mokashi, Fig. 3, ¶ 0032-0033, 0038-0043, 0051, 0065-0067 discloses a “display” element 44, which receives video images captured by any one and/or all of a plurality of cameras mounted to a vehicle and streaming said images to a display such that a driver of the vehicle can watch the display 44 and observe the streaming video. Particularly, it is noted that shifting a transmission into a reverse gear is what may prompt the system to trigger a request for a stream of video images to be sent from cameras of the vehicle.]
displaying, by a display device of the vehicle, the rear image signal. [See Mokashi, Fig. 3, ¶ 0032-0033, 0038-0043, 0051, 0065-0067 discloses a “display” element 44, which receives video images captured by any one and/or all of a plurality of cameras mounted to a vehicle and streaming said images to a display such that a driver of the vehicle can watch the display 44 and observe the streaming video.]
Regarding claim 10, this claim recites analogous limitations to claim 8, and is therefore rejected on the same premise.
Further, claim 10 recites the following limitations which are not explicitly found from claim 8, but are addressed as follows:
Mokashi discloses:
A method of monitoring a rear view behind a vehicle by an in-vehicle infotainment (IVI) system of the vehicle, the method comprising:
transmitting, by a gear switch of the vehicle, a gear signal to the IVI system indicating a shift range in a park gear; [See Mokashi, ¶ 0041 discloses vehicle sensors 48 can include a vehicle speed sensor (not shown), a transmission sensor (not shown) and a tailgate position sensor within the tailgate 36 or at the rear end 20 of the vehicle 10. The speed sensor provides vehicle speed information to the image processor 50 such that, below a prescribed speed, the image processor automatically sets the display 44 to, for example, display a video image captured by a predetermined one of the cameras, or alternatively, can shut off the display 44 during high speed operation of the vehicle 10 (e.g., above speeds typically associated with parking procedures). The transmission sensor can be configured to provide the image processor 50 with the status of the transmission of the vehicle 10. Hence, in a “park” gear, the vehicle is below a prescribed speed and would be set to a predetermined one of the vehicle cameras.]
detecting, by the IVI system, a rear monitor state in which the vehicle is parked while the rear door is opened under a condition that the rear view mode is on, based on the mode control signal, the gear signal, and the door opening/closing signal; [See Mokashi, ¶ 0041 discloses vehicle sensors 48 can include a vehicle speed sensor (not shown), a transmission sensor (not shown) and a tailgate position sensor within the tailgate 36 or at the rear end 20 of the vehicle 10. The speed sensor provides vehicle speed information to the image processor 50 such that, below a prescribed speed, the image processor automatically sets the display 44 to, for example, display a video image captured by a predetermined one of the cameras, or alternatively, can shut off the display 44 during high speed operation of the vehicle 10 (e.g., above speeds typically associated with parking procedures). The transmission sensor can be configured to provide the image processor 50 with the status of the transmission of the vehicle 10. Hence, in a “park” gear, the vehicle is below a prescribed speed and would be set to a predetermined one of the vehicle cameras.]
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK E DEMOSKY whose telephone number is (571)272-8799. The examiner can normally be reached Monday - Friday 7-4 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jamie Atala can be reached at 5712727384. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK E DEMOSKY/Primary Examiner, Art Unit 2486