DETAILED ACTION
Applicant’s 07/01/2026 response to the previous 05/01/2026 Office action has been considered and entered.
This is the First Final Office Action on the Merits and is directed towards claims 1,2, 4-12 and 14-17 as amended and/or filed on 07/01/2026.
Notice of Pre-AIA or AIA Status
Priority is claimed as set forth below, accordingly the earliest effective filing date is February 28, 2024 (20240228).
The present application, effectively 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).
This application claims the benefit of European Patent Application Number 24160399.2 filed on February 28, 2024 (20240228).
Response to Amendments/Arguments
Applicant’s 07/01/2026 arguments with respect to the EXAMINERS NOTE set forth in said previous 05/01/2026 Office action have been fully considered and as argued therein it would appear that the appropriate fees were paid.
Applicant’s 07/01/2026 amendments to the independent claims and arguments in support thereof with respect to the 35 USC § 103 rejection(s) of claim(s) as set forth in sections 12 and 13 of said previous 05/01/2026 Office action have been fully considered and they are NOT persuasive. Accordingly said rejections are sustained and repeated herein updated to reflect the newly amended limitations. Applicant argues inter alia:
“Claim 1 is patentable over the combination of Romig in view of Seguin because the combination does not teach a control unit configured to provide a manual adaption of a light transmissivity of a dimmable window panel up to a minimum illumination level inside an aircraft cabin.“
This is not persuasive because as set forth in said previous Office action page 17 a Person of Ordinary Skill In The Art (POSITA) would have understood that manually selecting “HIGH” on switch 204 causes “a high level of window tint” which would manually adapt the light transmissivity of the dimmable window panel up to a minimum illumination level inside the aircraft cabin because the tint level would be switched to as “high” as it can tint which a POSITA would understand would have allowed the least amount of light to enter the aircraft cabin which provides the minimum illumination level. For additional explanation see for example para:
“[0035] FIG. 5 is a flow chart showing a method 200 of controlling a light level within the cockpit portion 52 of the aircraft 50 in accordance with an embodiment of the invention. In this embodiment, the method 200 includes beginning at initial conditions at a block 202. For example, in one particular embodiment, the initial conditions (block 202) may be the initial state 112 shown in FIG. 3. At block 204, a user input is received from the user input device 104 (FIG. 4). As shown in FIG. 5, in one particular embodiment, the user input may be received from an analog control device allowing the user (e.g., the first or second pilots 57, 58) to select a specified level of window tint (e.g., low, medium, high, etc.) or to select an "automatic" setting that defers control of the transmissivity of the window assembly 110 to the control system 108.”
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Further, when the user input “Auto” is selected, the system will automatically adjust the transmissivity of the window tint to obtain a desired “threshold” which a POSITA would understand would be set by the user as explained in for example para:
“[0043] In yet another embodiment, the control system 108 may be further adapted to adjust the transmissivity of the window assembly 110 based on a second predetermined threshold, such as, for example, a maximum allowable (or maximum desired) light intensity measurement. More specifically, the sensor assembly 102 may measure a light intensity (e.g. within the structure) that exceeds a maximum desired threshold. When the control system 108 determines that the measured light intensity has exceeded the maximum desired threshold, the control system 108 may automatically adjust (e.g., decrease) the transmissivity of one or more window portions of the window assembly 110 to lower the measured light intensity. In a particular embodiment, the dimmable window system 100 may be employed in a vehicle, such as a cockpit of an aircraft, and may be used to provide protection to the pilot (or other vehicle operator) from a laser or other source of high intensity light.”
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 2, 4-6 and 10-12 and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20080048101 A1 to Romig; Emma et al. (hereinafter Romig) in view of US 20210188165 A1 to GAGNON SEGUIN; Louis.
Regarding claim 1 Romig teaches in for example the Figure(s) reproduced immediately below:
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and associated descriptive texts a system for automatically controlling a dimmable window panel (and paras:
“[0028] FIG. 1 is a side elevational view of an aircraft 50 having a cockpit portion 52 that includes a dimmable window system 100 in accordance with an embodiment of the present invention. FIGS. 2 and 3 are top and front partial sectional views, respectively, of the cockpit portion 52 of the aircraft 50 of FIG. 1. In this embodiment, the cockpit portion 52 includes a front (or main) window 54 and a pair of side windows 56. A first pilot (or captain) 57 is positioned on a first side of the cockpit portion 52, and a second pilot (or co-pilot) 58 is positioned on a second side of the cockpit portion 52.
[0029] As shown in FIG. 3, light from the sun 60 may enter the cockpit portion 52 in several ways. A direct portion 62 may shine directly into the cockpit portion 52 from the sun 60, while an indirect portion 64 may be reflected from a cloud 65 or other reflective object into the cockpit portion 52. A diffuse portion 66 may also enter the cockpit portion 52 after following and undetermined path that may include a plurality of reflective and refractive transmission paths.”),
the system comprising:
a dimmable window panel of a cabin, wherein the dimmable window panel has an adjustable light transmissivity (as shown in figs 4 and especially fig. 5 item 204:
“[0035] FIG. 5 is a flow chart showing a method 200 of controlling a light level within the cockpit portion 52 of the aircraft 50 in accordance with an embodiment of the invention. In this embodiment, the method 200 includes beginning at initial conditions at a block 202. For example, in one particular embodiment, the initial conditions (block 202) may be the initial state 112 shown in FIG. 3. At block 204, a user input is received from the user input device 104 (FIG. 4). As shown in FIG. 5, in one particular embodiment, the user input may be received from an analog control device allowing the user (e.g., the first or second pilots 57, 58) to select a specified level of window tint (e.g., low, medium, high, etc.) or to select an "automatic" setting that defers control of the transmissivity of the window assembly 110 to the control system 108.”);
an optical detection unit for detecting an illumination level inside the cabin (given the Broadest Reasonable Interpretation (BRI) of the limitation “optical detection unit” see Fig. 4, item 102, Fig 5 step 206 and para:
“[0030] FIG. 4 is a schematic view of the dimmable window system 100 of FIG. 1 in accordance with an embodiment of the invention. In this embodiment, the dimmable window system 100 includes a sensor assembly 102 adapted to receive a light measurement, and a control system 108 operatively coupled to the sensor assembly 102 and to a window assembly 110 that includes at least one of the cockpit windows (e.g., one or more of the front and side windows 54, 56). The sensor assembly 102 may consist of a single light-detecting device, or a plurality of light-detecting devices. Furthermore, the sensor assembly 102 may be positioned within the cockpit portion 52, or at some other desired location on the aircraft 50 (e.g., on an exterior of the cockpit portion 52, or formed within one or more of the windows 54, 56).”);
and a control unit, which is operatively coupled to the dimmable window panel and to the optical detection unit, wherein the control unit is configured to automatically adjust the light transmissivity based on the illumination level (as shown in Fig. 4 item 108 as explained in for example paras:
“[0047] In yet another embodiment, each window 54, 56 may have one or more independently controllably dimmable areas. More specifically, an entire window may be controllably dimmable, or the window may have one or more portions that are independently controllably dimmable. When such a window is operably coupled to the control system 108, each dimmable area of the window may be operably coupled to the control system 108 such that the control system 108 is capable of individually controlling the transmissivity of each individual area. In one specific embodiment, a window may include a grid of individually controllably dimmable areas.
[0048] It will be appreciated that a variety of alternate embodiments may be conceived, and that the invention is not limited to the particular embodiments described above and shown in the accompanying figures. For example, in an alternate embodiment, the window assembly 11 0 shown in FIG. 4 may be that of a building, and the control system 108 may be configured to adjust a transmissivity of one or more window portions of the window assembly 110 in accordance with inputs from the sensor assembly 102, and may combine such inputs from the sensor assembly 102 with a pre-set schedule (e.g., to lower a transmissivity of one or more window portions during daylight hours, and raise a transmissivity of one or more window portions during nighttime hours). In further embodiments, systems and methods in accordance with the present invention may be adapted to provide dimmable windows for helicopters, automobiles, boats, trains, or any other suitable systems whereby variable light transmission is desired.“) .
wherein the control unit is further configured to provide a manual adaption of the light transmissivity up to a minimum illumination level (see Romig Fig. 5, item 204 and associated descriptive texts, wherein it is understood that the user selecting a manual adaption of the light transmissivity to a minimum level of transmissivity is achieved by the manual selection of “HIGH” on switch 204).
Although the claims are interpreted in light of the specification, limitations from the specification are NOT imported into the claims. The Examiner must give the claim language the Broadest Reasonable Interpretation (BRI) the claims allow.
See MPEP 2111.01 Plain Meaning [R-10.2024], which states
II. IT IS IMPROPER TO IMPORT CLAIM LIMITATIONS FROM THE SPECIFICATION
"Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. For example, a particular embodiment appearing in the written description may not be read into a claim when the claim language is broader than the embodiment." Superguide Corp. v. DirecTV Enterprises, Inc., 358 F.3d 870, 875, 69 USPQ2d 1865, 1868 (Fed. Cir. 2004). See also Liebel-Flarsheim Co. v. Medrad Inc., 358 F.3d 898, 906, 69 USPQ2d 1801, 1807 (Fed. Cir. 2004) (discussing recent cases wherein the court expressly rejected the contention that if a patent describes only a single embodiment, the claims of the patent must be construed as being limited to that embodiment); E-Pass Techs., Inc. v. 3Com Corp., 343 F.3d 1364, 1369, 67 USPQ2d 1947, 1950 (Fed. Cir. 2003) ("Inter US-20100280751-A1 1pretation of descriptive statements in a patent’s written description is a difficult task, as an inherent tension exists as to whether a statement is a clear lexicographic definition or a description of a preferred embodiment. The problem is to interpret claims ‘in view of the specification’ without unnecessarily importing limitations from the specification into the claims."); Altiris Inc. v. Symantec Corp., 318 F.3d 1363, 1371, 65 USPQ2d 1865, 1869-70 (Fed. Cir. 2003) (Although the specification discussed only a single embodiment, the court held that it was improper to read a specific order of steps into method claims where, as a matter of logic or grammar, the language of the method claims did not impose a specific order on the performance of the method steps, and the specification did not directly or implicitly require a particular order). See also subsection IV., below. When an element is claimed using language falling under the scope of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, 6th paragraph (often broadly referred to as means- (or step-) plus- function language), the specification must be consulted to determine the structure, material, or acts corresponding to the function recited in the claim, and the claimed element is construed as limited to the corresponding structure, material, or acts described in the specification and equivalents thereof. In re Donaldson, 16 F.3d 1189, 29 USPQ2d 1845 (Fed. Cir. 1994) (see MPEP § 2181- MPEP § 2186).
In Zletz, supra, the examiner and the Board had interpreted claims reading "normally solid polypropylene" and "normally solid polypropylene having a crystalline polypropylene content" as being limited to "normally solid linear high homopolymers of propylene which have a crystalline polypropylene content." The court ruled that limitations, not present in the claims, were improperly imported from the specification. See also In re Marosi, 710 F.2d 799, 802, 218 USPQ 289, 292 (Fed. Cir. 1983) ("'[C]laims are not to be read in a vacuum, and limitations therein are to be interpreted in light of the specification in giving them their ‘broadest reasonable interpretation.'" (quoting In re Okuzawa, 537 F.2d 545, 548, 190 USPQ 464, 466 (CCPA 1976)). The court looked to the specification to construe "essentially free of alkali metal" as including unavoidable levels of impurities but no more.).”
If Applicant is of the opinion that given the BRI Romig does not appear to expressly disclose an optical detection unit for detecting an illumination level inside the cabin and a control unit, which is operatively coupled to the dimmable window panel and to the optical detection unit, wherein the control unit is configured to automatically adjust the light transmissivity based on the illumination level as explained above, then resort may be had to the teachings of GAGNON herein below.
In analogous art GAGNON teaches in for example, the figures below:
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And associated descriptive texts an optical detection unit for detecting an illumination level inside the cabin (in fig. 4 as explained inf or example only para:
“[0061] FIG. 4 shows a schematic representation of aircraft 10 that comprises lighting control system 20 communicatively coupled to cabin lighting 26, a location positioning system 26 as well as other aircraft systems, collectively referred to as aircraft systems 18. The lighting control system 20 may communicate with one or more aircraft systems 18 in order to receive information that may be used to detect or determine predetermined cabin conditions. For example, the lighting control system 20 may receive information from aircraft systems 18 indicative of conditions associated with the aircraft, the aircraft cabin or even the external environment in which the aircraft is flying. By way of example, the aircraft systems 18 may include a cabin management system, a flight management system, an avionics system, an in-flight entertainment system, an engine system, a landing gear system and flight control computers, among many other possibilities. The present disclosure is not intended to be limited to the aircraft systems 18 to which the lighting control system 20 may be in communication.
[0098] The localized illumination zone 50 may provide uniform illuminance within its boundary 84. Alternatively, the localized illumination zone 50 may provide gradient illuminance within its boundary 84. Shown in FIG. 9 is a non-limiting example of a localized illumination zone 50″′ that provides non-uniform illuminance (e.g. gradient illuminance) within its boundary 84. More specifically, the localized illumination zone 50″′ provides a first portion 86 having a greater luminosity than a second portion 88. In a non-limiting example, the illuminance provided by the first portion 86 is greater than that provided by the second portion 88. The first portion 86 of the localized illumination zone 50″′ may be positioned centrally to the second portion 88. Alternatively, the first portion 86 may be centered around the location of the passenger 22. While FIG. 9 shows a clear dividing line between the first portion 86 and the second portion 88 of the localized illumination zone 50″′, it should be understood that there may be a subtle transition from the first portion 86 to the second portion 88, such that the illuminance level provided by the localized illumination zone 50″′ slowly fades from brighter illuminance to less bright illuminance.”)
and a control unit, which is operatively coupled to the dimmable window panel and to the optical detection unit, wherein the control unit is configured to automatically adjust the light transmissivity based on the illumination level (see para:
“[0064] As shown in FIG. 4, the lighting control system 20 may comprise one or more data processors 30 (referred hereinafter as “processor 30”) and non-transient computer-readable memory(ies)/medium(ia) (referred hereinafter as “memory 28”) containing instructions (such as control logic, or one or more applications) readable and executable by processor 30 so as to implement a computer-implemented process such that instructions, when executed by the data processor 30 can cause the functions/acts described herein. While the lighting control system 20 is shown in FIG. 4 as a stand-alone system, it is understood that it may be embodied as part of a larger cabin management system that comprises the cabin lighting 26 and location positioning system 14, and that is responsible for controlling multiple different cabin functions, such as the temperature, audio system and window shades, amongst other functions. Alternatively, the lighting control system 20 may be an integral part of the cabin lighting 26 wherein the processor 30 and memory 28 is embedded within various lighting sources.
[0075] In some cases, the cabin lighting 26 may be in an off condition because there is sufficient daylight streaming into the cabin through the windows to avoid the need to have the cabin lighting 26 turned on. In such a case, the predetermined cabin condition may be satisfied when the cabin lighting 26 is in an off condition and the environment outside the vehicle is dark. Information indicative that the environment outside the vehicle is dark may be derived or assumed based on information indicative of the time of year, the time of day, the time zone in which the vehicle is travelling and/or weather information, among other possibilities. This type of information may be provided to the lighting control system 20 from a flight management system or flight control computers (i.e. aircraft systems 18), among other possibilities.
[0099] As described above, the lighting control system 20 may comprise a mapping (e.g. look-up table or database) that associates positions/locations within the cabin with various individual lighting devices, such as individual LEDs, spot lights or optical fibers of the cabin lighting 26 that could provide illumination at the associated cabin position/location. Individual LEDs, spot lights or optical fibers may comprise unique identifiers that allow the lighting control system 20 to activate, deactivate, or adjust (e.g. dim or brighten) them individually as desired. As a passenger 22 moves through the vehicle cabin 70, the lighting control system 20 is able to determine the relatively instantaneous position or location of the passenger 22 in the manner described above. Then, on the basis of the instantaneous position or location of the passenger 22 and control logic that identifies parameters of a desired localized illumination zone 50, the lighting control system 20 is able to determine which lighting devices from the cabin lighting 26 should be illuminated at that point in time to provide the desired localized illumination zone 50. The lighting control system 20 is then able to issue signals to those individual lighting devices for causing them to be activated in a manner that provides the localized illumination zone 50 to the passenger 22 while the passenger is at a given position within the cabin. As the passenger 22 moves through the vehicle cabin, different lighting devices are activated and deactivated so as to maintain a boundary 84 of the localized illumination zone 50 substantially constant around the passenger.”)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the interior illumination control disclosed in GAGNON with the interior illumination control taught in Romig with a reasonable expectation of success because it would have “provided a desired level of cabin illumination” as taught by GAGNON Para(s):
“[0003] Vehicle cabins, such as aircraft cabins or train cabins, comprise cabin lighting for providing illumination to the vehicle cabin. This cabin lighting may include overhead lighting, wall lighting, floor lighting, kick-space lighting, monument lighting as well as individual passenger lighting, such as dedicated lights in a passenger service unit (PSU), among other possibilities. When a vehicle cabin is not sufficiently illuminated from outdoor light that streams through the cabin's windows, the cabin lighting is used to provide a desired level of cabin illumination.”.
Regarding claim 2 and the limitation the system according to claim 1, wherein the control unit is further configured to provide a manual adaption of the light transmissivity up to a maximum illumination level (see Romig, Fig. 5 item 204 and associated descriptive texts wherein it is understood that a maximum level of transmissivity connotes “OFF”).
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Regarding claim 4 and the limitation the system according to claim 1, wherein the dimmable window panel comprises a plurality of dimmable windows each having an individually adjustable light transmissivity (see the teachings of Romig wherein it is understood that not only is each individual window separately controllable for the comfort of the person(s) near that window but in addition a Person of Ordinary Skill In The Art (POSITA) understands that different parts of each/every individual window is/are dimmable as explained in for example only paras:
“[0033] Referring again to FIG. 3, in an initial (or non-activated) state 112, all of the windows 54, 56 of the window assembly 110 are in a non-dimmed (or non-activated) condition. In this initial state 112, the second pilot 58 may receive a greater portion of the direct and indirect light 62, 64 from the sun 60, while the first pilot 57 may receive primarily diffuse light 66. Depending upon many variables, including the direction of travel of the aircraft 50 with respect to the sun 60, the angles of incidence of the light 62, 64, 66 upon the cockpit portion 52, as well as other factors, the light entering the cockpit portion 52 may result in asymmetrical heating of the pilots 57, 58. In other words, under some circumstances, the first pilot 57 may be "in the shade" while the second pilot 58 may be "in the sun." Furthermore, depending on a wide variety of variables, the first and second pilots 57, 58 may each have an individual "comfort level." In one particular embodiment, the comfort level of each of the first and second pilots 57, 58 may be expressed as a Predicted Percent Dissatisfied (PPD) value, as defined in Thermal Comfort, Analysis and Applications in Environmental Engineering, by P. O. Sanger. As shown in FIG. 3, in the initial (or non-activated) state 112, a first graph 114 of PPD versus ambient temperature T.sub.AMB within the cockpit portion 52 shows that a first comfort level 116 of the first pilot 57 may have only a small "overlapping comfort" portion 117 with a second comfort level 118 of the second pilot 58.
[0047] In yet another embodiment, each window 54, 56 may have one or more independently controllably dimmable areas. More specifically, an entire window may be controllably dimmable, or the window may have one or more portions that are independently controllably dimmable. When such a window is operably coupled to the control system 108, each dimmable area of the window may be operably coupled to the control system 108 such that the control system 108 is capable of individually controlling the transmissivity of each individual area. In one specific embodiment, a window may include a grid of individually controllably dimmable areas.”).
Regarding claim 5 and the limitation the system according to claim 4, wherein the optical detection unit comprises a processing unit, which is configured to identify a hotspot area of the illumination level and to allocate the hotspot area to a corresponding dimmable window of the plurality of dimmable windows (given the BRI see the teachings of Romig Fig. 3 and paras [0033]+/- wherein a POSITA understands components 62 and 64 frp, sun 60 connote hotspots and Romig expressly teaches controlling individual locations within each individual window based on the person most affected by said windows illumination level).
Regarding claim 6 and the limitation the system according to claim 5, wherein the hotspot area is allocated to a corresponding dimmable window by predefined picture zones in a picture from the optical detection unit, wherein each predefined picture zone corresponds to one dimmable window (given the BRI see the teachings of Romig Fig. 3 and paras [0033]+/- wherein a POSITA understands components 62 and 64 frp, sun 60 connote hotspots and Romig expressly teaches controlling individual locations within each individual window based on the person most affected by said windows illumination level).
Regarding claim 10 and the limitation An aircraft comprising: the system according to claim 1 (see the obviousness to combine and the rejection of corresponding parts of claim 1 above incorporated herein by reference wherein it is understood that both references teach an aircraft).
Regarding claim 11 and the limitation A spacecraft comprising: the system according to claim 1 (see the obviousness to combine and the rejection of corresponding parts of claim 1 above incorporated herein by reference wherein it is understood that GAGNON teaches the obviousness to provide a spacecraft with the system of claim 1 in for example para:
“[0057] The present disclosure will describe the invention in the context of an aircraft cabin, however it is to be understood that the present disclosure could equally apply to other types of vehicles having vehicle cabins, such as trains, busses, watercraft (e.g. ships or boats), spacecraft, trucks and automobiles, among other possibilities.”).
Regarding claim 12 and the limitation a method for automatically controlling a dimmable window panel, the method comprising the steps of:
detecting an illumination level inside a cabin,
the cabin comprising a dimmable window panel having a light transmissivity configured to be adjusted;
and automatically adjusting the light transmissivity based on the illumination level with a control unit operatively coupled to the dimmable window panel
and providing a manual adaption of the light transmissivity up to a maximum illumination level, or a minimum illumination level, or both (see the obviousness to combine and the rejection of corresponding parts of claim 1 above incorporated herein by reference wherein it is understood that a POSITA would have understood that switch 204 “LOW” connotes maximum illumination level because the tint level is “LOW”so the maximum amount of light can pass through the low tint level while in contradistinction selecting “HIGH” would connote a minimum illumination level because the high level of tint would allow the least amount of light therethrough into the airplane).
Regarding claim 14 and the limitation the method according to claim 12, wherein the dimmable window panel comprises a plurality of dimmable windows, and, wherein the light transmissivity of each dimmable window is individually adjusted (see the obviousness to combine and the rejection of corresponding parts of claim 4 above incorporated herein by reference).
Regarding claim 15 and the limitation the method according to claim 12, further comprising a step of: identifying a hotspot area of the illumination level and allocating the hotspot area to a corresponding dimmable window from a plurality of dimmable windows (see the obviousness to combine and the rejection of corresponding parts of claim 5 above incorporated herein by reference).
Regarding claim 16 and the limitation the method according to claim 15, wherein the hotspot area is allocated to the corresponding dimmable window by predefined picture zones in a picture from an optical detection unit, and wherein each predefined picture zone corresponds to one dimmable window (see the obviousness to combine and the rejection of corresponding parts of claim 6 above incorporated herein by reference).
Claims 7-9 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20080048101 A1 to Romig; Emma et al. (hereinafter Romig) in view of US 20210188165 A1 to GAGNON SEGUIN; Louis as applied to the claims above in view of US 20170262962 A1 to Rad; Mahdi et al. (hereinafter Rad).
Regarding claims 7 and 17 the combination of Romig does not appear to expressly disclose the limitations wherein the hotspot area is allocated a corresponding dimmable window by neural networks,
wherein the neural networks are initially configured by sequentially changing a light transmissivity of each dimmable window and allocating a changed illumination level in a picture zone to the corresponding dimmable window (emphasis added).
In analogous art Rad teaches in for example, the figures below:
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And associated descriptive texts wherein a hotspot area is allocated a corresponding dimmable window by neural networks,
wherein the neural networks are initially configured by sequentially changing a light transmissivity of each dimmable window and allocating a changed illumination level in a picture zone to the corresponding dimmable window (emphasis added) (as explained in for example paras:
“[0010] An electronic device for normalizing an image is also described. The electronic device includes a processor. The processor is be configured to obtain an image including a target object. The processor is also configured to determine a set of windows of the image. The processor is further configured to, for each window of the set of windows of the image, predict parameters of an illumination normalization model adapted to the window using a first convolutional neural network (CNN). The processor is additionally configured to, for each window of the set of windows of the image, apply the illumination normalization model to the window to produce a normalized window.
[0011] An apparatus for normalizing an image is also described. The apparatus includes means for obtaining an image including a target object. The apparatus also includes means for determining a set of windows of the image. The apparatus further includes means for predicting, for each window of the set of windows of the image, parameters of an illumination normalization model adapted to the window using a first convolutional neural network (CNN). The apparatus additionally includes means for applying, for each window of the set of windows of the image, the illumination normalization model to the window to produce a normalized window.
[0012] A computer-program product for normalizing an image is also described. The computer-program product includes a non-transitory computer-readable medium with instructions. The instructions include code for causing an electronic device to obtain an image including a target object. The instructions also include code for causing the electronic device to determine a set of windows of the image. The instructions further include code for causing the electronic device to predict, for each window of the set of windows of the image, parameters of an illumination normalization model adapted to the window using a first convolutional neural network (CNN). The instructions additionally include code for causing the electronic device to apply, for each window of the set of windows of the image, the illumination normalization model to the window to produce a normalized window.
[0039] One aspect of the systems and methods disclosed herein may include adapting the normalization parameters to the input image. This may be accomplished with a Convolutional Neural Network (CNN) trained to predict the parameters of an extension of a Difference-of-Gaussians approach. Moreover, this CNN (which may be referred to as a “normalizer CNN”) may be universally applicable. For example, the normalizer CNN may not need to be re-trained for each new target object.
[0040] Object detection and recognition have improved over the last few years, in particular thanks to the development of Convolutional Neural Networks (CNNs). So far, efforts have been mainly focused on object category recognition in photographs, when images are typically of reasonable good quality, and large amounts of training data are easily available. In other applications, such as robotics and augmented reality, the capture conditions are much less controlled, and creating large amounts of training data may be cumbersome or even impossible in some cases. In these conditions, a contrast normalization technique may be utilized, such as Local Contrast Normalization (LCN), Difference-of-Gaussians (DoG), or histogram normalization. Some of these approaches may fail when dealing with large ranges of illumination changes.
[0067] FIG. 1 is a block diagram illustrating one example of an electronic device 102 in which systems and methods for normalizing an image may be implemented. Normalizing an image may include normalizing one or more windows of the image and/or normalizing the entire image. In some configurations, the electronic device 102 may be additionally or alternatively configured to detect a target object in an image and/or to train convolutional neural networks (CNNs). Examples of the electronic device 102 include cameras, video camcorders, digital cameras, cellular phones, smart phones, computers (e.g., desktop computers, laptop computers, servers, etc.), tablet devices, media players, televisions, vehicles, automobiles, personal cameras, wearable cameras, virtual reality devices (e.g., headsets), augmented reality devices (e.g., headsets), mixed reality devices (e.g., headsets), action cameras, surveillance cameras, mounted cameras, connected cameras, robots, aircraft, drones, unmanned aerial vehicles (UAVs), smart appliances, healthcare equipment, gaming consoles, personal digital assistants (PDAs), set-top boxes, appliances, etc. The electronic device 102 may include one or more components or elements. One or more of the components or elements may be implemented in hardware (e.g., circuitry), a combination of hardware and firmware, and/or a combination of hardware and software (e.g., a processor with instructions).
[0115] FIG. 3 is a block diagram illustrating an example of a normalizer convolutional neural network (CNN) 318 and/or a detector CNN 320. FIG. 3 illustrates an overview of some configurations of the systems and methods disclosed herein. Specifically, FIG. 3 illustrates an example of a normalizer CNN 318 (e.g., f) and a detector CNN 320 (e.g., g). The normalizer CNN 318 may be one example of the normalizer CNN 118 described in connection with FIG. 1. Additionally or alternatively, the detector CNN 320 may be one example of the detector CNN 120 described in connection with FIG. 1. The detector CNN 320 may be optional and/or may not be implemented in some configurations.
[0143] FIG. 6 is a flow diagram illustrating one configuration of a method 600 for training one or more convolutional neural networks (CNNs). The method 600 may be performed by an electronic device (e.g., the electronic device 102 described in connection with FIG. 1) and/or one or more of the components described in connection with one or more of FIGS. 3 and 5.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to combine the neural networks disclosed in Rad with the control system taught in the combination of Romig with a reasonable expectation of success because it would have “improved image processing” as taught by Rad Para(s):
“[0004] Images may vary widely in their characteristics. For example, different images may vary widely in illumination, in the number and kinds of objects shown in the images, in the textures and structures shown in the images, etc. Because of the wide variety in image characteristics, consistent image processing may be difficult to achieve. As can be observed from this discussion, systems and methods that improve image processing may be beneficial.”.
Regarding claim 8 and the limitation the system according to claim 5, wherein the processing unit is configured to provide computer vision processing (see the obviousness to combine and the rejection of corresponding parts of claim 7 above incorporated herein by reference and especially RAD para:
“[0100] The processor 112 may optionally include and/or implement a normalization manager 130. The normalization manager 130 may perform one or more operations. In some configurations, the normalization manager 130 may normalize one or more entire images. For example, the normalization manager 130 may share predicted weights for each window to normalize an entire image. Additionally or alternatively, the normalization manager 130 may normalize one or more color images. Normalizing one or more entire images and/or one or more color images may enable one or more types of processing (e.g., computer vision applications). For example, the electronic device 102 may perform object tracking, image modification (e.g., object removal, object cloning, etc.), object recognition, object detection, autofocus, automatic zoom, autonomous driving, assisted driving, navigation, etc., based on the normalized image(s). For instance, the electronic device 102 may detect an object in an image, track an object in a series of images (e.g., video), modify an image, recognize one or more objects in an image, automatically focus one or more optical systems (e.g., lenses), automatically zoom in on a detected object, drive autonomously (e.g., read signs, detect pedestrians, detect obstacles for avoidance, detect other vehicles, control a drive train, control braking, steering, etc.), assist a driver (e.g., apply emergency braking, perform an emergency maneuver, alert a driver of a sign, alert a driver of an obstacle, etc.), perform navigation (e.g., plan a path for a robot or drone, assemble an object, disassemble an object, etc.), etc., based on one or more normalized images and/or normalized image windows.”).
Regarding claim 9 and the limitation the system according to claim 1, wherein the optical detection unit comprises means for computer vision processing (see the obviousness to combine and the rejection of corresponding parts of claims 7 and 1 above incorporated herein by reference and especially RAD para:
“[0100] The processor 112 may optionally include and/or implement a normalization manager 130. The normalization manager 130 may perform one or more operations. In some configurations, the normalization manager 130 may normalize one or more entire images. For example, the normalization manager 130 may share predicted weights for each window to normalize an entire image. Additionally or alternatively, the normalization manager 130 may normalize one or more color images. Normalizing one or more entire images and/or one or more color images may enable one or more types of processing (e.g., computer vision applications). For example, the electronic device 102 may perform object tracking, image modification (e.g., object removal, object cloning, etc.), object recognition, object detection, autofocus, automatic zoom, autonomous driving, assisted driving, navigation, etc., based on the normalized image(s). For instance, the electronic device 102 may detect an object in an image, track an object in a series of images (e.g., video), modify an image, recognize one or more objects in an image, automatically focus one or more optical systems (e.g., lenses), automatically zoom in on a detected object, drive autonomously (e.g., read signs, detect pedestrians, detect obstacles for avoidance, detect other vehicles, control a drive train, control braking, steering, etc.), assist a driver (e.g., apply emergency braking, perform an emergency maneuver, alert a driver of a sign, alert a driver of an obstacle, etc.), perform navigation (e.g., plan a path for a robot or drone, assemble an object, disassemble an object, etc.), etc., based on one or more normalized images and/or normalized image windows.”).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as teaching, inter alia, the state of the art of SYSTEMs AND METHODs FOR AUTOMATICALLY CONTROLLING A DIMMABLE WINDOW PANEL at the time of the invention. For example:
US 20060239016 A1 to Woo; Victor et al. teaches, inter alia a Method for adjusting interior illumination in for example the ABSTRACT, Figures and/or Paragraphs below:
“A method for altering interior illumination in a motor vehicle is disclosed. The method includes provisions for adjusting the interior lighting conditions to improve visibility of the illuminated objects under different ambient lighting conditions. In some cases, the method can also include provisions that adjust interior lighting conditions quickly if sudden changes in ambient light are detected.”.
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[0034] Referring to FIG. 3, which shows a schematic diagram of a preferred embodiment of an illumination system 300, illumination system 300 includes a central unit 302. Central unit 302 preferably includes a number of inputs and outputs. Central unit 302 includes a first port 304 that is designed to send a first signal to instrument cluster 428, a second port 308 that is designed to send a second signal to at least one switch 308, and a third port 310 that is designed to receive a information from a light sensor 312.
US 20200017023 A1 to Anderson; John S. et al. teaches, inter alia a LIGHT MAPPING SYSTEM FOR VEHICLE PASSENGER COMPARTMENT in for example the ABSTRACT, Figures and/or Paragraphs below:
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“A vehicle interior light intensity mapping system comprises at least one light detector configured to identify an intensity of light distributed in a plurality of regions in the vehicle. The light detector comprises an optic device comprising at least one aperture configured to receive light from a plurality of directions distributed in a passenger compartment of a vehicle. The light detector further comprises at least one sensor configured to receive the light from the plurality of directions. A controller is configured to identify an intensity of the light in each of a plurality of regions of the vehicle, wherein each of the regions corresponds to a different direction of the light received through each of the plurality of apertures of the optic device.”.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DANIEL LAWSON GREENE JR whose telephone number is (571)272-6876. The examiner can normally be reached on MON-THUR 7-5:30PM (EST) or via email at DanielL.GreeneJr@USPTO.GOV under the guidance of MPEP [R-09.2017] Section 502.03 Communications via Internet Electronic Mail (email) [R-07.2015].
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hunter Lonsberry can be reached on (571) 272-7298. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL L GREENE/Primary Examiner, Art Unit 3665
20260724
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