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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 3, 5, 6-11 and 14-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 12/208735 herein after ‘735. Although the claims at issue are not identical, they are not patentably distinct from each other because the aperture located on the 1st layer has higher transmission than the material of the 2nd layer; the IR light passing through an aperture/hole (absent of any material) is more transmissive than IR light passing through the material of the 2nd layer.
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Application 18985477
Patent ‘735
Claims 1 and 3: A rearview device for a motor vehicle, comprising: a rearview element; a housing supporting at least a portion of the rearview element, the housing including a light transmitting region through which light can penetrate; a light emitter for emitting a first light including a first wavelength in a first direction through the light transmitting region; and a light receiver for detecting a second light entering a second direction through the light transmitting region, the second light entering the second direction including a second wavelength corresponding to the first wavelength, wherein a first function of the rearview device or an electrically operating configuration connected with the rearview device is executed when the second light including the second wavelength corresponding to the first wavelength is detected by the light receiver during a predetermined period, or wherein a function of the rearview device or an electrically operating configuration connected with the rearview device is executed when an object is located within a certain distance from light transmitting region.
Claim 3: wherein the light transmitting region is a transparent region of the housing.
Claim 1: A rearview device for a motor vehicle, comprising: a rearview element including a first layer and a second layer; a housing supporting at least a portion of the rearview element; a light transmitting region formed to penetrate the second layer of the rearview element; a light emitter for emitting a first light including a first wavelength in a first direction through the light transmitting region; and a light receiver for detecting a second light entering a second direction through the light transmitting region, the second light entering the second direction including a second wavelength corresponding to the first wavelength, wherein a first function of the rearview device or an electrically operating configuration connected with the rearview device is executed when the second light including the second wavelength corresponding to the first wavelength is detected by the light receiver by a predetermined amount or more during a predetermined period, and wherein a transmittance of the first layer is larger than a transmittance of the second layer, or wherein a function of the rearview device or an electrically operating configuration connected with the rearview device is executed when an object is located within a certain distance from light transmitting region, and wherein a transmittance of the first layer is larger than a transmittance of the second layer.
Claim 5: wherein the light emitter and the light receiver are comprised of one component in form of a sensor unit and are a photocoupler.
Claim 2: wherein the light emitter and the light receiver are comprised of one component in form of a sensor unit and are a photocoupler.
Claim 6: wherein the first wavelength is equal to the second wavelength.
Claim 3: wherein the first wavelength is equal to the second wavelength.
Claim 7: wherein a time at which the second light including the second wavelength is detected by the light receiver during the predetermined period is defined as a first time, a time at which the first function is executed is defined as a second time, and the first time and the second time are different from each other.
Claim 4: wherein a time at which the second light including the second wavelength is detected by the light receiver by a predetermined amount or more during the predetermined period is defined as a first time, a time at which the first function is executed is defined as a second time, and the first time and the second time are different from each other.
Claim 8: wherein a second function is executed when the second light including the second wavelength is detected by the light receiver by the predetermined amount or more again after the first time, a third function is executed when the second light including the second wavelength is detected by the light receiver by the predetermined amount or more during a first period, and a fourth function is executed when the second light including the second wavelength is detected by the light receiver by the predetermined amount or more during a second period.
Claim 5: wherein a second function is executed when the second light including the second wavelength is detected by the light receiver by the predetermined amount or more again after the first time, a third function is executed when the second light including the second wavelength is detected by the light receiver by the predetermined amount or more during a first period, and a fourth function is executed when the second light including the second wavelength is detected by the light receiver by the predetermined amount or more during a second period.
Claim 9: wherein the light emitter includes a first light emitter and a second light emitter, the light receiver includes a first light receiver and a second light receiver, and the light transmitting region includes a first light transmitting region and a second light transmitting region, wherein the first light emitter and the first light receiver are comprised of a first photocoupler ,the second light emitter and the second light receiver are comprised of a second photocoupler, and wherein the first photocoupler is located at an area corresponding to the first light transmitting region, the second photocoupler is located at an area corresponding to the second light transmitting region.
Claim 6: wherein the light emitter includes a first light emitter and a second light emitter, the light receiver includes a first light receiver and a second light receiver, and the light transmitting region includes a first light transmitting region and a second light transmitting region, wherein the first light emitter and the first light receiver are comprised of a first photocoupler, the second light emitter and the second light receiver are comprised of a second photocoupler, and wherein the first photocoupler is located at an area corresponding to the first light transmitting region, the second photocoupler is located at an area corresponding to the second light transmitting region.
Claim 10: wherein a fifth function is executed when the second light including the second wavelength is detected by the second light receiver by the predetermined amount or more after the second light including the second wavelength is detected by the first light receiver by the predetermined amount or more, wherein a sixth function is executed when the second light including the second wavelength is detected by the first light receiver by the predetermined amount or more after the second light including the second wavelength is detected by the second light receiver by the predetermined amount or more, with the fifth function in particular being different from the sixth function.
Claim 7: wherein a fifth function is executed when the second light including the second wavelength is detected by the second light receiver by the predetermined amount or more after the second light including the second wavelength is detected by the first light receiver by the predetermined amount or more, wherein a sixth function is executed when the second light including the second wavelength is detected by the first light receiver by the predetermined amount or more after the second light including the second wavelength is detected by the second light receiver by the predetermined amount or more, with the fifth function in particular being different from the sixth function.
Claim 11: further comprising: a controller, and an indicator indicating to a user that the first function is executed, wherein the indicator is located adjacent to the light transmitting region, a state of the indicator is changed when the first function is executed, and the controller controls the sensor unit and/or the indicator.
Claim 8: further comprising: a controller, and an indicator indicating to a user that the first function is executed, wherein the indicator is located adjacent to the light transmitting region, a state of the indicator is changed when the first function is executed, and the controller controls the sensor unit and/or the indicator.
Claim 14: wherein an electrically operating configuration connected with the rearview device is at least one of an electrochromic element, a display, a speaker, a communication module and an Electronic Toll Collection System, wherein the first function of the electrochromic element is at least one of turn on/off and changing reflectivity, or the first function of the display is at least one of turn on/off, zoom in/out, dimming brightness up/down, pan/tilt, contrast up/down and aspheric view on/off.
Claim 9: wherein an electrically operating configuration connected with the rearview device is at least one of an electrochromic element, a display, a speaker, a communication module and an Electronic Toll Collection System, wherein the first function of the electrochromic element is at least one of turn on/off and changing reflectivity, or the first function of the display is at least one of turn on/off, zoom in/out, dimming brightness up/down, pan/tilt, contrast up/down and aspheric view on/off.
Claims 2 and 15: wherein the second layer is a reflective layer, and the first layer is a substrate.
Claim 10: wherein the second layer is a reflective layer, and the first layer is a substrate.
Claim 16: wherein the function is executed without contact between the rearview element and the object.
Claim 11: wherein the function is executed without contact between the rearview element and the object.
Claim 17: A vehicle with at least one rearview device of claim 1.
Claim 12: A vehicle with at least one rearview device of claim 1.
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)(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.
Claim(s) 1, 3, 4, 6, 7, 11, 13, 14, 16 and 17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hopkins (US PG Pub. 20190381938).
Regarding claim 1, Hopkins discloses a rearview device for a motor vehicle (para. 0015; a rearview mirror assembly 20 for a vehicle 12 (FIG. 2)), comprising:
a rearview element (rearview mirror assembly 20 of fig. 1);
a housing supporting (para. 0014; By “adjusts the position of the mirror element” it should be understood that this means that the mirror element itself may be tilted while the mirror housing remains stationary, or that the mirror housing is tilted and the mirror element tilts as a result) at least a portion of the rearview element (mirror element 22 of fig. 1), the housing (para. 0023; mirror element 22 that may have a high light transmittance in the NIR range) including a light transmitting region through which light can penetrate (para. 0023);
a light emitter (infrared emitters or the light sources 58 of fig. 1) for emitting a first light including a first wavelength in a first direction through the light transmitting region (para. 0023; the disclosure may provide for mirror element 22 that may have a high light transmittance in the NIR range); and
a light receiver (sensor 24 of fig. 1) for detecting a second light entering a second direction through the light transmitting region (para. 0024; image sensor 24 may correspond to, for example, a digital charge-coupled device (CCD) or complementary metal-oxide-semiconductor (CMOS) active pixel sensor, although it is not meant to be limited to these example devices. In the illustrated example, the sensor 24 may be in communication with at least one light source 58, which may correspond to one or more infrared emitters configured to output an emission of light in the NIR range), the second light entering the second direction (reflected light off of subject) including a second wavelength corresponding to the first wavelength (light from emitters 58/60),
wherein a first function of the rearview device or an electrically operating configuration connected with the rearview device is executed when the second light including the second wavelength corresponding to the first wavelength is detected by the light receiver during a predetermined period (para. 0028; controller 28 is shown in communication with mirror assembly 20, including sensor 24 and the actuator(s) 14 and may also be in communication with a vehicle control module 64 via a communication bus 66 of the vehicle 12. The communication bus 66 may be configured to deliver signals to the controller 28 identifying various vehicle states. For example, the communication bus 66 may be configured to communicate to the controller 28 a drive selection of the vehicle 12, an ignition state, a door open or ajar status, or the like), or
wherein a function of the rearview device or an electrically operating configuration connected with the rearview device is executed when an object is located within a certain distance from light transmitting region (para. 0030; based on the identification of the eyes 34, the controller 28 may be configured to select a corresponding position for the mirror element 22. The controller 28 may further be in communication with one or more of a gauge cluster 74, an audio/video (A/V) system 76, an infotainment system 78, a media center, a vehicle computing system, and/or various other devices or systems of the vehicle 12.).
Regarding claim 3, Hopkins discloses wherein the light transmitting region is a transparent region of the housing (para. 0023; mirror element 22 that may have a high light transmittance in the NIR range; therefore, the mirror element is transparent to NIR light).
Regarding claim 4, Hopkins discloses wherein the light transmitting region is an opening defined by the edge of the housing (para. 0023; mirror element 22 that may have a high light transmittance in the NIR range; illustrated in fig. 1).
Regarding claim 6, Hopkins discloses wherein the first wavelength is equal to the second wavelength (para. 0024; The image sensor 24 may correspond to, for example, a digital charge-coupled device (CCD) or complementary metal-oxide-semiconductor (CMOS) active pixel sensor, although it is not meant to be limited to these example devices. In the illustrated example, the sensor 24 may be in communication with at least one light source 58, which may correspond to one or more infrared emitters configured to output an emission of light in the NIR range. In this configuration, controller 28 or the sensor 24 may be configured to selectively activate the one or more infrared emitters corresponding to the at least one light source 58 to provide illumination such that an instantaneous location of the head 36 or eyes 34 may be determined and/or monitored).
Regarding claim 7, Hopkins discloses wherein a time (the reflected light from the light source 58 detected by the sensor 24) at which the second light including the second wavelength (reflected light) is detected by the light receiver (24) during the predetermined period is defined as a first time (the first time is the detection of the infrared light from the light source 58), a time at which the first function is executed is defined as a second time (second time is the emission of the infrared light source 58), and the first time and the second time are different from each other (the reflected light detected by the sensor 24 is different from the emission of the infrared light source 58).
Regarding claim 11, Hopkins discloses further comprising: a controller (controller 28 of fig. 4), and an indicator indicating to a user that the first function is executed, wherein a state of the indicator is changed when the first function is executed, and the controller controls the sensor unit and/or the indicator (para. 0030; based on the identification of the eyes 34, the controller 28 may be configured to select a corresponding position for the mirror element 22. The controller 28 may further be in communication with one or more of a gauge cluster 74, an audio/video (A/V) system 76, an infotainment system 78, a media center, a vehicle computing system, and/or various other devices or systems of the vehicle 12).
Regarding claim 13, Hopkins discloses wherein the indicator is oriented toward the housing (para. 0030; based on the identification of the eyes 34, the controller 28 may be configured to select a corresponding position for the mirror element 22. The controller 28 may further be in communication with one or more of a gauge cluster 74, an audio/video (A/V) system 76, an infotainment system 78, a media center, a vehicle computing system, and/or various other devices or systems of the vehicle 12…any one of these devices (which have indicator lights) can be oriented toward the housing).
Regarding claim 14, Hopkins discloses wherein an electrically operating configuration connected with the rearview device is at least one of an electrochromic element, a display, a speaker, a communication module and an Electronic Toll Collection System, and wherein the first function of the electrochromic element is at least one of turn on/off and changing reflectivity, or the first function of the display is at least one of turn on/off, zoom in/out, dimming brightness up/down, pan/tilt, contrast up/down and aspheric view on/off (para. 0034; mirror assembly 20 has been described as tracking the eyes 34 of the driver and dynamically adjusting the mirror element position for that driver during the course of a trip, it may also be used to personalize the mirror element adjustment for various drivers that may use the vehicle 12. For example, if a first taller driver uses the vehicle 12, the mirror assembly 20 will detect the first driver's eyes and adjust the mirror element 22 accordingly. If a second shorter driver subsequently drives the vehicle, the mirror assembly 20 will detect the second driver's eyes and automatically tilt the mirror element 22 lower to accommodate the smaller driver without requiring manual movement.)
.
Regarding claim 16, Hopkins discloses wherein the function is executed without contact between the rearview element and the object (para. 0024; one or more infrared emitters corresponding to the at least one light source 58 to provide illumination such that an instantaneous location of the head 36 or eyes 34 may be determined and/or monitored).
Regarding claim 17, Hopkins discloses a vehicle with at least one rearview device (para. 0015; a rearview mirror assembly 20 for a vehicle 12 (FIG. 2)).
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(s) 2 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hopkins (US PG Pub. 20190381938) as applied to claim 1 above, and further in view of McCabe et al. (US PG Pub. 20080013153).
Regarding claim 2, Hopkins discloses a rearview device for a motor vehicle (para. 0015; a rearview mirror assembly 20 for a vehicle 12 (FIG. 2)), comprising: a rearview element (rearview mirror assembly 20 of fig. 1); a housing supporting (para. 0014; By “adjusts the position of the mirror element” it should be understood that this means that the mirror element itself may be tilted while the mirror housing remains stationary, or that the mirror housing is tilted and the mirror element tilts as a result) at least a portion of the rearview element (mirror element 22 of fig. 1), the housing (para. 0023; mirror element 22 that may have a high light transmittance in the NIR range) including a light transmitting region through which light can penetrate (para. 0023); a light emitter (infrared emitters or the light sources 58 of fig. 1) for emitting a first light including a first wavelength in a first direction through the light transmitting region (para. 0023); and a light receiver (sensor 24 of fig. 1) for detecting a second light entering a second direction through the light transmitting region (para. 0024; image sensor 24 may correspond to, for example, a digital charge-coupled device (CCD) or complementary metal-oxide-semiconductor (CMOS) active pixel sensor, although it is not meant to be limited to these example devices. In the illustrated example, the sensor 24 may be in communication with at least one light source 58, which may correspond to one or more infrared emitters configured to output an emission of light in the NIR range), the second light entering the second direction (reflected light off of subject) including a second wavelength corresponding to the first wavelength (light from emitters 58/60).
Hopkins fails to explicitly teach wherein the rearview element has a first layer and a second layer.
McCabe discloses wherein the rearview element has a first layer (front substrate 1222 of fig. 19) and a second layer (IRT stack 1228 of fig. 19).
It would have been obvious to one of ordinary skill in the art prior to the filing date of the application to modify the rearview mirror of Hopkins with the first and second layers of McCabe in order to allow near infrared and infrared light or radiant energy to pass therethrough while substantially reflecting visible light thereby improving the desired amount of light imaged by the imaging device (McCabe; para. 0008).
Regarding claim 15, Hopkins discloses a rearview device for a motor vehicle (para. 0015; a rearview mirror assembly 20 for a vehicle 12 (FIG. 2)), comprising: a rearview element (rearview mirror assembly 20 of fig. 1); a housing supporting (para. 0014; By “adjusts the position of the mirror element” it should be understood that this means that the mirror element itself may be tilted while the mirror housing remains stationary, or that the mirror housing is tilted and the mirror element tilts as a result) at least a portion of the rearview element (mirror element 22 of fig. 1), the housing (para. 0023; mirror element 22 that may have a high light transmittance in the NIR range) including a light transmitting region through which light can penetrate (para. 0023); a light emitter (infrared emitters or the light sources 58 of fig. 1) for emitting a first light including a first wavelength in a first direction through the light transmitting region (para. 0023); and a light receiver (sensor 24 of fig. 1) for detecting a second light entering a second direction through the light transmitting region (para. 0024; image sensor 24 may correspond to, for example, a digital charge-coupled device (CCD) or complementary metal-oxide-semiconductor (CMOS) active pixel sensor, although it is not meant to be limited to these example devices. In the illustrated example, the sensor 24 may be in communication with at least one light source 58, which may correspond to one or more infrared emitters configured to output an emission of light in the NIR range), the second light entering the second direction (reflected light off of subject) including a second wavelength corresponding to the first wavelength (light from emitters 58/60).
Hopkins fails to teach wherein the second layer is a reflective layer, and the first layer is a substrate.
McCabe discloses wherein the second layer is a reflective layer, and the first layer is a substrate (1228).
It would have been obvious to one of ordinary skill in the art prior to the filing date of the application to modify the rearview mirror of Hopkins with the first and second layers of McCabe in order to allow near infrared and infrared light or radiant energy to pass therethrough while substantially reflecting visible light thereby improving the desired amount of light imaged by the imaging device (McCabe; para. 0008).
Claim(s) 5 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hopkins (US PG Pub. 20190381938) as applied to claim 1 above, and further in view of Choi (KR 20040107253 A).
Regarding claim 5, Hopkins discloses a rearview device for a motor vehicle (para. 0015; a rearview mirror assembly 20 for a vehicle 12 (FIG. 2)), comprising: a rearview element (rearview mirror assembly 20 of fig. 1); a housing supporting (para. 0014; By “adjusts the position of the mirror element” it should be understood that this means that the mirror element itself may be tilted while the mirror housing remains stationary, or that the mirror housing is tilted and the mirror element tilts as a result) at least a portion of the rearview element (mirror element 22 of fig. 1), the housing (para. 0023; mirror element 22 that may have a high light transmittance in the NIR range) including a light transmitting region through which light can penetrate (para. 0023); a light emitter (infrared emitters or the light sources 58 of fig. 1) for emitting a first light including a first wavelength in a first direction through the light transmitting region (para. 0023); and a light receiver (sensor 24 of fig. 1) for detecting a second light entering a second direction through the light transmitting region (para. 0024; image sensor 24 may correspond to, for example, a digital charge-coupled device (CCD) or complementary metal-oxide-semiconductor (CMOS) active pixel sensor, although it is not meant to be limited to these example devices. In the illustrated example, the sensor 24 may be in communication with at least one light source 58, which may correspond to one or more infrared emitters configured to output an emission of light in the NIR range), the second light entering the second direction (reflected light off of subject) including a second wavelength corresponding to the first wavelength (light from emitters 58/60).
Hopkins fails to teach wherein the light emitter and the light receiver are comprised of one component in form of a sensor unit and are a photocoupler.
Choi discloses wherein the light emitter (infrared transmitter 101 of fig. 1) and the light receiver (infrared receiver 103 of fig. 1) are comprised of one component in form of a sensor unit and are a photocoupler (photocoupler; pg. 3 3rd para.).
It would have been obvious to one of ordinary skill in the art prior to the filing date of the application to modify rearview mirror of Hopkins with the photocoupler of Choi in order to provide electrical isolation between circuits while transmitting signals via light, improving system reliability.
Regarding claim 9, Hopkins discloses a rearview device for a motor vehicle (para. 0015; a rearview mirror assembly 20 for a vehicle 12 (FIG. 2)), comprising: wherein the light emitter includes a first light emitter (first emitter bank 60 of fig. 1) and a second light emitter (second emitter bank 62 of fig. 1), the light receiver includes a first light receiver (sensor 24), and the light transmitting region (para. 0023; the disclosure may provide for mirror element 22 that may have a high light transmittance in the NIR range) includes a first light transmitting region, wherein the first light emitter (60) and the light receiver are comprised of a sensor (24).
Hopkins fails to teach wherein the light receiver is comprised of a photocoupler.
Choi discloses wherein a sensor unit and are a photocoupler (photocoupler; pg. 3 3rd para.).
It would have been obvious to one of ordinary skill in the art prior to the filing date of the application to modify rearview mirror of Hopkins with the photocoupler of Choi in order to provide electrical isolation between circuits while transmitting signals via light, improving system reliability.
Hopkins as modified by Choi fails to teach a second photocoupler; however, It would have been obvious to one of ordinary skill in the art prior to the filing date of the application to modify the rearview mirror assembly of Hopkins and Choi with additional photocouplers in order to sense different items within the vehicle since it has been held that mere duplication of essential working parts of a device involves routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hopkins (US PG Pub. 20190381938) as applied to claim 7 above, and further in view of Weller et al. (US PG Pub. 20170177935).
Regarding claim 8, Hopkins discloses a rearview device for a motor vehicle (para. 0015; a rearview mirror assembly 20 for a vehicle 12 (FIG. 2)), comprising: a rearview element (rearview mirror assembly 20 of fig. 1); a housing supporting (para. 0014; By “adjusts the position of the mirror element” it should be understood that this means that the mirror element itself may be tilted while the mirror housing remains stationary, or that the mirror housing is tilted and the mirror element tilts as a result) at least a portion of the rearview element (mirror element 22 of fig. 1), the housing (para. 0023; mirror element 22 that may have a high light transmittance in the NIR range) including a light transmitting region through which light can penetrate (para. 0023); a light emitter (infrared emitters or the light sources 58 of fig. 1) for emitting a first light including a first wavelength in a first direction through the light transmitting region (para. 0023); and a light receiver (sensor 24 of fig. 1) for detecting a second light entering a second direction through the light transmitting region (para. 0024; image sensor 24 may correspond to, for example, a digital charge-coupled device (CCD) or complementary metal-oxide-semiconductor (CMOS) active pixel sensor, although it is not meant to be limited to these example devices. In the illustrated example, the sensor 24 may be in communication with at least one light source 58, which may correspond to one or more infrared emitters configured to output an emission of light in the NIR range), the second light entering the second direction (reflected light off of subject) including a second wavelength corresponding to the first wavelength (light from emitters 58/60).
Hopkins fails to teach wherein a second function is executed when the second light including the second wavelength is detected by the light receiver by the predetermined amount or more again after the first time, a third function is executed when the second light including the second wavelength is detected by the light receiver by the predetermined amount or more during a first period, and a fourth function is executed when the second light including the second wavelength is detected by the light receiver by the predetermined amount or more during a second period.
Weller discloses wherein a second function (para. 0043; payment authorization for toll roads or other transactional functions) is executed when the second light (reflected light) including the second wavelength is detected by the light receiver (sensor 16 of fig. 1) by the predetermined amount or more again after the first time, a third function (para. 0043; a log of usage and timing for an identified operator) is executed when the second light (reflected light from the emitters 18 of fig. 1) including the second wavelength is detected by the light receiver (16) by the predetermined amount or more during a first period, and a fourth function (para. 0043; authorize various setting or restrictions of settings for the vehicle based on an identification of the operator of the vehicle) is executed when the second light including the second wavelength (reflected light from the emitter 18) is detected by the light receiver (16) by the predetermined amount or more during a second period (second period is the time after the emission or the detection by the sensor 16).
It would have been obvious to one of ordinary skill in the art prior to the filing date of the application to modify rearview mirror of Hopkins with the various functions of Weller in order to make the user experience more pleasant.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hopkins (US PG Pub. 20190381938) and Choi (KR 20040107253 A) as applied to claim 9 above, and further in view of Weller et al. (US PG Pub. 20170177935).
Regarding claim 10, Hopkins as modified by Choi discloses a rearview device for a motor vehicle (para. 0015; a rearview mirror assembly 20 for a vehicle 12 (FIG. 2)), comprising: a rearview element (rearview mirror assembly 20 of fig. 1); a housing supporting (para. 0014; By “adjusts the position of the mirror element” it should be understood that this means that the mirror element itself may be tilted while the mirror housing remains stationary, or that the mirror housing is tilted and the mirror element tilts as a result) at least a portion of the rearview element (mirror element 22 of fig. 1), the housing (para. 0023; mirror element 22 that may have a high light transmittance in the NIR range) including a light transmitting region through which light can penetrate (para. 0023); a light emitter (infrared emitters or the light sources 58 of fig. 1) for emitting a first light including a first wavelength in a first direction through the light transmitting region (para. 0023); and a light receiver (sensor 24 of fig. 1) for detecting a second light entering a second direction through the light transmitting region (para. 0024; image sensor 24 may correspond to, for example, a digital charge-coupled device (CCD) or complementary metal-oxide-semiconductor (CMOS) active pixel sensor, although it is not meant to be limited to these example devices. In the illustrated example, the sensor 24 may be in communication with at least one light source 58, which may correspond to one or more infrared emitters configured to output an emission of light in the NIR range), the second light entering the second direction (reflected light off of subject) including a second wavelength corresponding to the first wavelength (light from emitters 58/60).
Hopkins as modified by Choi fails to teach wherein a fifth function is executed when the second light including the second wavelength is detected by the second light receiver by the predetermined amount or more after the second light including the second wavelength is detected by the first light receiver by the predetermined amount or more, wherein a sixth function is executed when the second light including the second wavelength is detected by the first light receiver by the predetermined amount or more after the second light including the second wavelength is detected by the second light receiver by the predetermined amount or more, with the fifth function in particular being different from the sixth function.
Weller discloses wherein a fifth function (para. 0043; payment authorization for toll roads or other transactional functions) is executed when the second light (reflected light) including the second wavelength is detected by the light receiver (sensor 16 of fig. 1) by the predetermined amount or more again after the first time, a sixth function (para. 0043; a log of usage and timing for an identified operator) is executed when the second light (reflected light from the emitters 18 of fig. 1) including the second wavelength is detected by the light receiver (16) by the predetermined amount or more during a first period, and a fourth function (para. 0043; authorize various setting or restrictions of settings for the vehicle based on an identification of the operator of the vehicle) is executed when the second light including the second wavelength (reflected light from the emitter 18) is detected by the light receiver (16) by the predetermined amount or more, with the fifth function in particular being different from the sixth function (para. 0043).
It would have been obvious to one of ordinary skill in the art prior to the filing date of the application to modify rearview mirror of Hopkins and Choi with the various functions of Weller in order to make the user experience more pleasant.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hopkins (US PG Pub. 20190381938).
Regarding claim 12, Hopkins discloses a rearview device for a motor vehicle (para. 0015; a rearview mirror assembly 20 for a vehicle 12 (FIG. 2)), comprising: a rearview element (rearview mirror assembly 20 of fig. 1); a housing supporting (para. 0014; By “adjusts the position of the mirror element” it should be understood that this means that the mirror element itself may be tilted while the mirror housing remains stationary, or that the mirror housing is tilted and the mirror element tilts as a result) at least a portion of the rearview element (mirror element 22 of fig. 1), the housing (para. 0023; mirror element 22 that may have a high light transmittance in the NIR range) including a light transmitting region through which light can penetrate (para. 0023); a light emitter (infrared emitters or the light sources 58 of fig. 1) for emitting a first light including a first wavelength in a first direction through the light transmitting region (para. 0023); and a light receiver (sensor 24 of fig. 1) for detecting a second light entering a second direction through the light transmitting region (para. 0024; image sensor 24 may correspond to, for example, a digital charge-coupled device (CCD) or complementary metal-oxide-semiconductor (CMOS) active pixel sensor, although it is not meant to be limited to these example devices. In the illustrated example, the sensor 24 may be in communication with at least one light source 58, which may correspond to one or more infrared emitters configured to output an emission of light in the NIR range), the second light entering the second direction (reflected light off of subject) including a second wavelength corresponding to the first wavelength (light from emitters 58/60).
Hopkins fails to explicitly teach wherein the indicator is oriented toward the rearview element; however, It would have been obvious to one of ordinary skill in the art prior to the filing date of the application to modify the location of the indicator orienting it toward the rearview element in order to make it easy for the user to quickly determine the particular indication, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse; 86 USPQ 70
Conclusion
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/DANELL L OWENS/Examiner, Art Unit 2882 24 September 2026
/BAO-LUAN Q LE/Primary Examiner, Art Unit 2882
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