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 .
Claim Rejections - 35 USC § 102
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.
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 11-17 and 22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Herbin et al. (DE102006041651A1).
Regarding claim 11: Herbin discloses a bottleneck assistance system for a vehicle comprising: a computing device (14) configure to: i) receive surroundings data from a surroundings sensor of the vehicle, which surroundings data comprises at least image data and describe the surroundings of the vehicle [0019-0023], ii) detect a bottleneck in the surroundings data, wherein the bottleneck is described by at least one obstacle in the surroundings, which is located at least in some areas within a predetermined distance to a driving tub of the vehicle [0024-0027], and iii) display the image data together with the driving tube projected in the image data via a display device [0027-0028], wherein in addition a partial projection of the vehicle at a future position is displayed via the display device, and the partial projection comprises at least one component group of the vehicle (contour of the vehicle inherently includes at least one component group of the vehicle [0010]); (Figs. 1-3).
Regarding claim 12: Herbin discloses the future position at which the partial projection of the vehicle is displayed via the display device is arranged essentially within the driving tube and in an area around the bottleneck (Figs. 2-3; [0022-0026]).
Regarding claim 13: Herbin discloses the bottleneck assistance system is further configured to display the partial projection of the vehicle displayed by means of the display device in an animated manner (Figs. 2-3; [0022-0026]).
Regarding claim 14: Herbin discloses the bottleneck assistance system is further configured to output a warning message depending on the at least one obstacle and/or depending on the bottleneck via the display device [0009, 0028].
Regarding claim 15: Herbin discloses the warning message output by means of the display device comprises an optical change of the displayed partial projection of the vehicle [0009, 0027-0028].
Regarding claim 16: Herbin discloses the warning message output via the display device comprises a changed color representation of an outer boundary of the driving tube [0009, 0027-0028].
Regarding claim 17: Herbin discloses the warning message output via the display device comprises a changed color representation of an outer boundary of the driving tube [0009, 0027-0028].
Regarding claim 22: See claim 11 above.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Herbin et al. (DE102006041651A1) in view of Rieger (DE102011119883A1).
Regarding claim 18: Herbin does not specifically disclose the exterior mirror position in a bottleneck assistance system. Rieger discloses driver assistance system for use in the detection of narrow point (bottleneck) comprising the recognition of an exterior mirror as the component group of the vehicle that might be in the way of traffic [0022-0024]. It would have been obvious before the effective filing date of the claimed invention to display the exterior mirror and to protect the mirror from damage due to the bottlenecking situations.
Regarding claim 19: Rieger discloses the bottleneck assistance system is further configured to receive a mirror position of the at least one exterior mirror and the warning message output via the display device takes place depending on the mirror position [0022-0027]. It would have been obvious before the effective filing date of the claimed invention to display the exterior mirror and to protect the mirror from damage due to the bottlenecking situations.
Regarding claim 20: Rieger discloses the bottleneck assistance system is further configured to receive a mirror position of the at least one exterior mirror and, via the display device, to output a suggestion to adjust the at least one exterior mirror depending on the mirror position and/or depending on the at least one obstacle and/or depending on the bottleneck [0022-0030]. It would have been obvious before the effective filing date of the claimed invention to display the exterior mirror and to protect the mirror from damage due to the bottlenecking situations.
Regarding claim 21: Rieger discloses the bottleneck assistance system is further configured to receive a mirror position of the at least one exterior mirror and, via the display device, to output a suggestion to adjust the at least one exterior mirror depending on the mirror position and/or depending on the at least one obstacle and/or depending on the bottleneck [0020-0030]. It would have been obvious before the effective filing date of the claimed invention to display the exterior mirror and to protect the mirror from damage due to the bottlenecking situations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Forster et al. (US 2024/0182055) discloses a method for operating an assistance system of a vehicle with proactive suggestions for carrying out an assistance function.
-Petermann et al. (DE102014203353A1) discloses procedure for assisting a driver when passing a lane narrowing.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOAN NGOC PHAM whose telephone number is (571)272-2967. The examiner can normally be reached M - F (7 AM - 3:30 PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached at (571) 272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOAN N PHAM/Primary Examiner, Art Unit 2685 9/1/26
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