CTNF 19/190,016 CTNF 100003 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION 12-151 AIA 26-51 12-51 Status of Claims The following is a non-final office action in response to the communication filed on 04/25/2025. Claims 1-20 are pending and have been examined. Claims 1-20 are rejected. Information Disclosure Statement 06-52 The information disclosure statement submitted on 09/09/2025 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Priority 02-25 AIA Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Germany on 04/29/2024 . It is noted, however, that applicant has not filed a certified copy of the DE102024111961.6 application as required by 37 CFR 1.55. Claim Objections 07-29-01 AIA Claim s 1, 5, 7, and 8 objected to because of the following informalities: Claim 1, Lines 6-7 read, “indicating a change,” when it should read, “indicating a the change,” to properly refer back to the limitation’s introduction in Claim 1, Line 5. Claim 5 Line 2 reads, “indicating a change,” when it should read, “indicating a the change,” to properly refer back to the limitation’s introduction in Claim 1, Line 5. Claim 7, Line 1 reads, “adjusting a position of the headlamp,” when it should read, “adjusting a the position of the headlamp,” to properly refer back to limitation’s introduction in Claim 1, Line 15. Claim 8, Line 11 reads, “determine whether a change,” when it should read, “determine whether a the change,” in order to properly refer back to the limitation’s introduction in Claim 8, Line 5 . Appropriate Correction is Required. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-5 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Hussmann et al. (EP 0554663 B1, hereinafter Hussmann) Claim 1 Discloses: “A method for determining a load pitch angle of a vehicle,” Hussmann teaches, (Paragraph [0001]) “The invention relates to a method for controlling the headlight range of motor vehicles , in which signals are measured that depend on the relative position of the vehicle body to the road, in which target value signals are formed from these signals, the target value signals are filtered by averaging, and in which actuating devices are controlled in their position depending on the filtered target value signals , and a headlight range controller for motor vehicles with the features of the preamble of claim 1.” Examiner is interpreting the description of the “headlight range” from the translation of Hussmann as the equivalent of a load pitch angle under broadest reasonable interpretation. “the method comprising: determining a first averaged pitch angle corresponding to a first set of pitch angles determined for a first time interval;” Hussmann teaches, (Paragraph [0016], Lines 1-6) “after activation of the filter's averaging by the signals from the first threshold generator, the averaging time is gradually or continuously increased to a maximum averaging time , because this ensures that at driving speeds above the minimum speed, without prolonged interruption and without dynamic processes, i.e., positive and negative accelerations, where the specified acceleration value is exceeded, a "rigid" control of the headlight range is achieved, thus avoiding incorrect headlight range settings.” “determining whether a change in a load of the vehicle has occurred during the first time interval based on at least one parameter indicating a change in the load of the vehicle;” Hussmann teaches that, (Paragraph [0006], Lines 1-5) “the averaging process has a variable averaging time … changes in load are compensated for,” wherein, (Paragraph [0010], Lines 4-5) “A change in load occurs when there is a jump in a setpoint value of a certain size over a specified time .” “determining, in a response to the change of the load of the vehicle occurring during the first time interval, a second averaged pitch angle corresponding to a second set of pitch angles determined for a second time interval, wherein a start of the second time interval corresponds to a time at which the change in the load of the vehicle occurred;” Hussmann teaches, (Paragraph [0010], lines 1-2) “the averaging time is reset to a starting averaging time when the vehicle is stationary and its position changes due to a change in load .” Therefore, a second set of pitch angles is subsequently determined upon reactivation of the averaging of the filter during a second time interval. “calculating the load pitch angle based on the second averaged pitch angle;” Hussmann teaches, (Paragraph [0022], Lines 2-3) “The filter (F) performs an average calculation of the setpoint values from the setpoint generator (S).” “and adjusting a position of a headlamp of the vehicle based on the load pitch angle.” Hussmann teaches, (Paragraph [0022], Lines 7-9) “The filter (F) is connected via a second switching device (S2), a memory (SP) for storing the last filtered setpoint value and a digital/analog converter (D), to at least one actuating device (ST) which regulates the range of headlights based on the filtered setpoint values .” Claim 2 Discloses: “The method according to claim 1, including resetting the load pitch angle at or before the start of the second time interval.” Hussmann teaches, (Paragraph [0010]) “It is advantageous that the averaging time is reset to a starting averaging time when the vehicle is stationary and its position changes due to a change in load, because this ensures that the change in position due to the vehicle's load is corrected as quickly as possible . A change in load occurs when there is a jump in a setpoint value of a certain size over a specified time.” Claim 3 Discloses: “The method according to claim 1, including truncating the second set of pitch angles based on the time at which the change in the load of the vehicle occurred.” Hussmann teaches, (Paragraph [0010], lines 1-2) “the averaging time is reset to a starting averaging time when the vehicle is stationary and its position changes due to a change in load ,” and that, (Paragraph [0006]) “It is advantageous that the averaging process has a variable averaging time, which is gradually or continuously extended to a maximum averaging time after activation of the averaging process .” Therefore, the second set of pitch angles are effectively truncated to a maximum averaging time upon the application of load which begins the second time frame. Hussmann additionally teaches, (Paragraph [0011]) “in the event of high Accelerations above the specified acceleration value mean that, firstly, no further target values are provided to the filter , and secondly, the filter can no longer pass on filtered target values to the at least one actuator. This ensures that, in the case of strong positive or negative accelerations of the vehicle that lead to vibrations of the vehicle body which cannot be compensated for by the headlight range control, incorrect headlight range settings are reliably avoided, since new filtered target values are only made available to the at least one actuator when no large acceleration values are present.” Therefore, relatively large vehicle acceleration, which a person of ordinary skill in the art would understand is at least partially effected by the load acting on the vehicle which began the second time period, additionally truncates the averaging. As Hussmann teaches, (Paragraph [0011]) “the acceleration signal generator is connected to a first threshold generator which generates signals when a predetermined acceleration value is exceeded or fallen below, that the first threshold generator is connected to the filter a, first switching device in the connection between the setpoint generator and the filter … for accelerations that are smaller than the predetermined acceleration value, the averaging is activated and the significant changes in the position of the vehicle body relative to the road with respect to the headlight range control can be compensated for and in the event of high Accelerations above the specified acceleration value mean that, firstly, no further target values are provided to the filter .” Claim 4 Discloses: “The method according to claim 1, including if it is determined that the change in the load of the vehicle has not occurred during the first time interval, calculating the load pitch angle based on the first averaged pitch angle.” Hussmann teaches, (Paragraph [0016], Lines 1-6) “after activation of the filter's averaging by the signals from the first threshold generator, the averaging time is gradually or continuously increased to a maximum averaging time , because this ensures that at driving speeds above the minimum speed, without prolonged interruption and without dynamic processes, i.e., positive and negative accelerations, where the specified acceleration value is exceeded, a "rigid" control of the headlight range is achieved, thus avoiding incorrect headlight range settings,” wherein, (Paragraph [0022], Lines 2-3) “The filter (F) performs an average calculation of the setpoint values from the setpoint generator (S),” and that, (Paragraph [0022], Lines 7-9) “ one actuating device (ST) which regulates the range of headlights based on the filtered setpoint values .” Claim 5 Discloses: “The method according to claim 1, wherein the at least one parameter indicating a change in the load of the vehicle includes at least one of: a change in a gravitational angle of the vehicle; a change in an operating state of a window, a door, and/or a tailgate of the vehicle; a change in an operating state of a seat belt of the vehicle; a change in an operating state of a trailer coupling of the vehicle; or a change in an operating state of a parking brake, a cabin and/or a luggage compartment of the vehicle.” Hussmann teaches, (Paragraph [0019]) “the vehicle has a rear axle sensor (H) and a front axle sensor (V) as position sensors (H, V), which form output signals depending on the position of the vehicle body relative to the front axle and the rear axle and thus to the road , These output signals are fed via a first analog/digital converter (A1) and a second analog /digital converter (A2) to a setpoint generator (S), which generates setpoints depending on the output signals of the position sensors (V, H),” and that, (Paragraph [0006], Line 5) “ changes in load are compensated for,” wherein, (Paragraph [0010], Lines 4-5) “A change in load occurs when there is a jump in a setpoint value of a certain size over a specified time.” Examiner is interpreting the preceding sections of Hussmann to be an example of a gravitational angle of the vehicle under broadest reasonable interpretation . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hussmann in view of Gasser et al. (DE 102018217232 A1, hereinafter Gasser) Claim 6 Discloses: “The method according to claim 1, wherein the first averaged pitch angle and the second averaged pitch angle are determined based on output from a camera.” Hussmann does not explicitly teach wherein the first averaged pitch angle and the second averaged pitch angle are determined based on output from a camera. Hussmann does teach, (Paragraph [0021]) “Position sensors (H, V) can also be used, which generate position signals optically capacitively or by ultrasonic measurement.” Gasser does explicitly teach the preceding limitations. Gasser teach, (Paragraph [0001]) “a method and a device for automatic headlight range control of a front headlight assembly of a vehicle,” wherein, (Paragraph [0006]) “the light emission of the headlight system can be adjusted to the pitch angle of the vehicle by means of a headlight range control, for example by adjusting the aforementioned emission angle,” and further wherein, (Paragraph [0013]) “images of the vehicle's surroundings are taken at different times, referred to here as "first time" and "second time", using a camera arranged on the vehicle.” Gasser additionally teaches, (Paragraph [0047]) “the method further comprises the step of determining whether the vehicle is in a first state in which a change in the pitch angle is considered possible, in particular e.g. B. in which loading or unloading of the vehicle and a corresponding change in the pitch angle is possible, or whether the vehicle is in a second state in which a change in the pitch angle is considered impossible, in particular e.g. B. in which loading or unloading the vehicle and consequently a change in the pitch angle is not possible, whereby the first time point (for taking the first picture ) is a time point of a transition from the second state to the first state and the second time point ( for taking the second picture ) is a time point of a transition from the first state to the second state.” Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to combine the system of Hussmann with the explicit use of a camera as taught by Gasser, in order to yield predictable results. Combining the reference would yield the well-known benefits of using a camera, one of the most commonly used optical sensors, especially due to the fact that cameras are typically already a part of vehicles as a part of other safety systems. As Gasser describes, (Paragraph [0035], Lines 3-7) “ Cars or trucks, in that one or more cameras (e.g. B. video cameras) are often already associated with convenience and safety features such as... B. automatic distance control, detection of other road users, vehicles, lane markings, traffic signs, etc. are present, in particular e.g. B. in connection with the functionalities required for so-called autonomous driving to monitor the vehicle's surroundings while driving.” 07-21-aia AIA Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hussmann in view of Voigt et al. (DE 102013021859 B4, hereinafter Voigt) Claim 7 Discloses: “The method according to claim 1, wherein adjusting a position of the headlamp of the vehicle includes adjusting a position of a stepper motor coupled to the headlamp.” Hussmann does not explicitly teach a stepper motor coupled to the headlamp. However, Hussmann does teach using, (Paragraph [0001], line 4) “ actuating devices .” Voight teach explicitly teach using a stepper motor. Voigt teaches, (Paragraph [0001]) “ a lighting device for a motor vehicle, comprising an adjustment device with at least one actuator, by which at least one movable element of the lighting device , namely a lens, can be linearly displaced in one direction to adjust the solid angle illuminated by the lighting device,” wherein, (Paragraph [0002], Lines 3-5) “it is advantageous to have a dynamic headlight range control system that adjusts the vehicle's headlights depending on load conditions and/or dynamic driving situations,” further wherein, (Paragraph [0014], Lines 1-3) “The adjustment device can be controlled, in particular, by an electrical control of the actuator. The actuator can be a motor, in particular an electric stepper motor or a DC motor.” Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to combine the system of Hussmann with the explicit use of a stepper motor as taught by Voight, in order to yield predictable results. As Voigt describes, (Paragraph [0003], Lines 1-3) “It is common to implement such an adjustment by mechanically connecting an adjustment mechanism for the light-dark boundary to an actuator, which is typically designed as a stepper motor .” 07-21-aia AIA Claim s 8-10 and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hussmann in view of Okuchi et al. (US 6193398 B1, hereinafter Okuchi) Claim 8 Discloses: “A device for automatic beam adjustment of at least one headlamp of a vehicle” Hussmann teaches, (Paragraph [0001]) “The invention relates to a method for controlling the headlight range of motor vehicles , in which signals are measured that depend on the relative position of the vehicle body to the road, in which target value signals are formed from these signals, the target value signals are filtered by averaging, and in which actuating devices are controlled in their position depending on the filtered target value signals , and a headlight range controller for motor vehicles with the features of the preamble of claim 1.” Examiner is interpreting the description of the “headlight range” from the translation of Hussmann as the equivalent of an automatic beam adjustment under broadest reasonable interpretation. “comprising: a first sensor to collect first data including a plurality of pitch angles; “a second sensor to collect second data including at least one parameter indicating a change in a load of the vehicle;” Hussmann teaches, (Paragraph [0019]) “the vehicle has a rear axle sensor (H) and a front axle sensor (V) as position sensors (H, V), which form output signals depending on the position of the vehicle body relative to the front axle and the rear axle and thus to the road ,” and that (Paragraph [0021]) “Position sensors (H, V) can also be used, which generate position signals optically, capacitively or by ultrasonic measurement.” Hussmann teaches, (Paragraph [0019]) “the vehicle has a rear axle sensor (H) and a front axle sensor (V) as position sensors (H, V), which form output signals depending on the position of the vehicle body relative to the front axle and the rear axle and thus to the road , These output signals are fed via a first analog/digital converter (A1) and a second analog /digital converter (A2) to a setpoint generator (S), which generates setpoints depending on the output signals of the position sensors (V, H),” and that, (Paragraph [0006], Line 5) “ changes in load are compensated for,” wherein, (Paragraph [0010], Lines 4-5) “A change in load occurs when there is a jump in a setpoint value of a certain size over a specified time.” “… to: determine a first averaged pitch angle corresponding to a first set of pitch angles determined for a first time interval based on the first data;” Hussmann teaches, (Paragraph [0016], Lines 1-6) “after activation of the filter's averaging by the signals from the first threshold generator, the averaging time is gradually or continuously increased to a maximum averaging time , because this ensures that at driving speeds above the minimum speed, without prolonged interruption and without dynamic processes, i.e., positive and negative accelerations, where the specified acceleration value is exceeded, a "rigid" control of the headlight range is achieved, thus avoiding incorrect headlight range settings.” “determine whether a change in the load of the vehicle has occurred based on the second data; determine, in response to the change of the load of the vehicle occurring during the first time interval, a second averaged pitch angle corresponding to a second set of pitch angles for a second time interval, wherein a start of the second time interval corresponds to a time at which the change in the load of the vehicle occurred;” Hussmann teaches, (Paragraph [0010], lines 1-2) “the averaging time is reset to a starting averaging time when the vehicle is stationary and its position changes due to a change in load .” Therefore, a second set of pitch angles is subsequently determined upon reactivation of the averaging of the filter during a second time interval. “calculate a load pitch angle based on the second averaged pitch angle;” Hussmann teaches, (Paragraph [0022], Lines 2-3) “The filter (F) performs an average calculation of the setpoint values from the setpoint generator (S).” “and adjust a position of the at least one headlight based on the load pitch angle.” Hussmann teaches, (Paragraph [0022], Lines 7-9) “The filter (F) is connected via a second switching device (S2), a memory (SP) for storing the last filtered setpoint value and a digital/analog converter (D), to at least one actuating device (ST) which regulates the range of headlights based on the filtered setpoint values .” “machine-readable instructions; and programmable circuitry to execute the machine-readable instructions” Hussmann does not explicitly teach machine-readable instructions and programmable circuitry to execute the machine-readable instructions. Okuchi teaches, (Page 20, Column 1, Lines 16-19) “a vehicle headlight optical axis direction adjusting system for automatically adjusting the optical axis direction of irradiation of a headlight provided for a vehicle,” wherein, (Page 22, Column 11, Lines 11-15) “The ECU 20 is a logical operating circuit comprising a CPU 21 as a known central processing unit, a ROM 22 in which control programs are stored , a RAM 23 for storing various data, a B/U (back-up) RAM 24, an input/output circuit 25, and a bus line 26 connecting these elements.” Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to combine the system of Hussmann, with an explicit ECU comprising the claimed programmable circuitry which executes machine-readable instructions such as shown in Okuchi, in order to yield predictable results. Combining the references would yield the well-known computational benefits/structure of a traditional vehicle ECU. Claim 9 Discloses: “The device according to claim 8, wherein the second sensor includes a gravitation sensor.” Hussmann teaches, (Paragraph [0019]) “the vehicle has a rear axle sensor (H) and a front axle sensor (V) as position sensors (H, V), which form output signals depending on the position of the vehicle body relative to the front axle and the rear axle and thus to the road , These output signals are fed via a first analog/digital converter (A1) and a second analog /digital converter (A2) to a setpoint generator (S), which generates setpoints depending on the output signals of the position sensors (V, H),” and that, (Paragraph [0006], Line 5) “ changes in load are compensated for,” wherein, (Paragraph [0010], Lines 4-5) “A change in load occurs when there is a jump in a setpoint value of a certain size over a specified time.” Examiner is interpreting the position sensors of Hussmann to be an example of a gravitational sensors of the vehicle under broadest reasonable interpretation. Hussmann additionally teaches, (Paragraph [0011], Lines 1-4) “the acceleration signal generator is connected to a first threshold generator which generates signals when a predetermined acceleration value is exceeded or fallen below, that the first threshold generator is connected to the filter a, first switching device in the connection between the setpoint generator and the filter … for accelerations that are smaller than the predetermined acceleration value, the averaging is activated and the significant changes in the position of the vehicle body relative to the road with respect to the headlight range control can be compensated for .” Claim 10 Discloses: “The device according to claim 8, wherein the first time interval and the second time interval overlap.” Examiner is interpreting the instantaneous moment a change in load is determined which implements the second period as an example of the smallest possible “interval overlap” under broadest reasonable interpretation. Hussmann teaches, (Paragraph [0010], lines 1-2) “the averaging time is reset to a starting averaging time when the vehicle is stationary and its position changes due to a change in load .” Claim 15 Discloses: “The device according to claim 8, wherein the first data includes a current horizon line of the vehicle.” However, Hussmann does teach, (Paragraph [0019]) “the vehicle has a rear axle sensor (H) and a front axle sensor (V) as position sensors (H, V), which form output signals depending on the position of the vehicle body relative to the front axle and the rear axle and thus to the road , These output signals are fed via a first analog/digital converter (A1) and a second analog /digital converter (A2) to a setpoint generator (S), which generates setpoints depending on the output signals of the position sensors (V, H),” which is being interpretated as an example of a “current horizon line” under broadest reasonable interpretation. Claim 16 Discloses: “… determine a first averaged pitch angle corresponding to a first set of pitch angles determined for a first time interval;” Hussmann teaches, (Paragraph [0016], Lines 1-6) “after activation of the filter's averaging by the signals from the first threshold generator, the averaging time is gradually or continuously increased to a maximum averaging time , because this ensures that at driving speeds above the minimum speed, without prolonged interruption and without dynamic processes, i.e., positive and negative accelerations, where the specified acceleration value is exceeded, a "rigid" control of the headlight range is achieved, thus avoiding incorrect headlight range settings.” “determine whether a change in a load of a vehicle has occurred during the first time interval based on at least one parameter indicating a change in the load of the vehicle; determine, in response to the change of the load of the vehicle occurring during the first time interval, a second averaged pitch angle corresponding to a second set of pitch angles determined for a second time interval, wherein a start of the second time interval corresponds to a time at which the change in the load of the vehicle occurred;” Hussmann teaches, (Paragraph [0010], lines 1-2) “the averaging time is reset to a starting averaging time when the vehicle is stationary and its position changes due to a change in load .” Therefore, a second set of pitch angles is subsequently determined upon reactivation of the averaging of the filter during a second time interval. “and cause adjustment of a position of a headlamp based on the second averaged pitch angle.” Hussmann teaches, (Paragraph [0022], Lines 2-3) “The filter (F) performs an average calculation of the setpoint values from the setpoint generator (S),” and that, Hussmann teaches, (Paragraph [0022], Lines 7-9) “The filter (F) is connected via a second switching device (S2), a memory (SP) for storing the last filtered setpoint value and a digital/analog converter (D), to at least one actuating device (ST) which regulates the range of headlights based on the filtered setpoint values .” “A non-transitory machine readable storage medium comprising instructions to cause programmable circuitry to at least:” Hussmann does not explicitly teach machine-readable instructions; and programmable circuitry to execute the machine-readable instructions. Okuchi teaches, (Page 20, Column 1, Lines 16-19) “a vehicle headlight optical axis direction adjusting system for automatically adjusting the optical axis direction of irradiation of a headlight provided for a vehicle,” wherein, (Page 22, Column 11, Lines 11-15) “The ECU 20 is a logical operating circuit comprising a CPU 21 as a known central processing unit, a ROM 22 in which control programs are stored , a RAM 23 for storing various data, a B/U (back-up) RAM 24, an input/output circuit 25, and a bus line 26 connecting these elements.” Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to combine the system of Hussmann, with an explicit ECU comprising the claimed programmable circuitry which executes machine-readable instructions as taught by Okuchi, in order to yield predictable results. Combining the references would yield the well-known computational benefits/structure of a traditional vehicle ECU. Claim 17 Discloses: “The non-transitory machine readable storage medium of claim 16, wherein the instructions cause the programmable circuitry to restart and reset averaging of pitch angles from the time at which the change in the load of the vehicle occurred.” Hussmann teaches that, (Paragraph [0006], Lines 1-5) “the averaging process has a variable averaging time … changes in load are compensated for,” wherein, (Paragraph [0010], Lines 4-5) “A change in load occurs when there is a jump in a setpoint value of a certain size over a specified time .” Hussmann additionally teaches, (Paragraph [0010], lines 1-2) “the averaging time is reset to a starting averaging time when the vehicle is stationary and its position changes due to a change in load .” Therefore, a second set of pitch angles is subsequently determined upon reactivation of the averaging of the filter during a second time interval. Claim 18 Discloses: “The non-transitory machine readable storage medium of claim 16, wherein the first time interval and the second time interval overlap.” Examiner is interpreting the instantaneous moment a change in load is determined which implements the second period as an example of the smallest possible “interval overlap” under broadest reasonable interpretation. Hussmann teaches, (Paragraph [0010], lines 1-2) “the averaging time is reset to a starting averaging time when the vehicle is stationary and its position changes due to a change in load .” Claim 19 Discloses: “The non-transitory machine readable storage medium of claim 16, including if it is determined that the change in the load of the vehicle has not occurred during the first time interval, calculating the second averaged pitch angle based on the first set of pitch angles.” Hussmann teaches, (Paragraph [0016], Lines 1-6) “after activation of the filter's averaging by the signals from the first threshold generator, the averaging time is gradually or continuously increased to a maximum averaging time , because this ensures that at driving speeds above the minimum speed, without prolonged interruption and without dynamic processes, i.e., positive and negative accelerations, where the specified acceleration value is exceeded, a "rigid" control of the headlight range is achieved, thus avoiding incorrect headlight range settings.” Therefore, if no excessive load is determined, the first set of pitch angles is effectively used to calculate the average load pitch angle upon reaching the maximum averaging time in place of a potential second set of pitch angles . 07-21-aia AIA Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Hussmann in view of Okuchi, further in view of Fukunaga et al. (JPWO2019097724A1, hereinafter Fukunaga) Claim 11 Discloses: “The device according to claim 8, wherein the second sensor includes an image sensor for a cabin or a luggage compartment of the vehicle.” Hussmann does not teach wherein the second sensor includes an image sensor for a cabin or a luggage compartment of the vehicle. However, Hussmann does teach a load sensor as a second sensor. Hussmann teaches, (Paragraph [0019]) “the vehicle has a rear axle sensor (H) and a front axle sensor (V) as position sensors (H, V), which form output signals depending on the position of the vehicle body relative to the front axle and the rear axle and thus to the road , These output signals are fed via a first analog/digital converter (A1) and a second analog /digital converter (A2) to a setpoint generator (S), which generates setpoints depending on the output signals of the position sensors (V, H),” and that, (Paragraph [0006], Line 5) “ changes in load are compensated for,” wherein, (Paragraph [0010], Lines 4-5) “A change in load occurs when there is a jump in a setpoint value of a certain size over a specified time.” Fukunaga does explicitly teach an image sensor for a cabin or a luggage compartment of the vehicle. Fukunaga teaches, an (Paragraph [0008], Lines 1-4) “optical axis control unit that controls the optical axis angle of the headlights installed on the vehicle by calculating the value of the pitch angle of the vehicle relative to the road surface using the value detected by an acceleration sensor installed on the vehicle,” comprising, “a camera 51 for imaging the interior of the vehicle is provided on the dashboard of vehicle 1,” wherein, (Paragraph [0026], Lines 3-5) “The vehicle state determination unit 14 determines the presence or absence of pitch angle changing objects at each seat of the vehicle 1 by performing image recognition processing on the images captured by the camera 51.” Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to combine the system of Hussmann, with an explicit interior image sensor to determine loading of the vehicle via the cabin as taught by Fukunaga, in order to yield predictable results. Combining the references would yield the accuracy benefits of mitigating cumulative error that may occur between the measured angle of the vehicle relative to the road. As Fukunaga describes, (Paragraph [0077], Lines 1-3) “the reference state setting unit 17 sets a reference state based on the conditions inside the vehicle 1 using at least one of the following: images captured by a camera 51 installed in the vehicle 1 for imaging the interior of the vehicle,” as a part of providing, (Paragraph [0023], Lines 5-6) “a function to eliminate the cumulative error .” 07-21-aia AIA Claim s 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Hussmann in view of Okuchi, further in view of Gocke et al. (DE102019125572A1, hereinafter Gocke) Claim 12 Discloses: “The device according to claim 8, wherein the second sensor includes an ultrasonic sensor to detect a presence of cargo and/or persons in the vehicle.” Hussmann does not teach an ultrasonic sensor to detect a presence of cargo and/or persons in the vehicle. Gocke does teach an ultrasonic sensor to detect a presence of cargo and/or persons in the vehicle. Gocke teaches a vehicle pitch angle determination system wherein, (Paragraph [0012], Lines 1-2) “an environmental sensor is used to determine the pitch angle,” further wherein, (Paragraph [0022], Lines 5-6) “the estimated weight of each occupant is determined as a characteristic.” Gocke additionally teaches, (Paragraph [0003], Lines 4-5) “it is necessary to use further information to estimate the load distribution in the vehicle. For example, the seatbelt buckle contacts in the interior of the vehicle,” and further teaches, (Paragraph [0046], Lines 10-12) “using further radar and/or ultrasonic sensors or sensors to detect the number of seatbelt buckle contacts .” Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to combine the system of Hussmann with an ultrasonic sensor which detects the presence of cargo and/or persons in the vehicle as taught by Gocke, in order to yield predictable results. Combining the references would yield the benefits of accounting for the weight of internal occupants upon the pitch angle of the vehicle to make more accurate calculations. As Gocke describes, (Paragraph [0003], Lines 4-5) “it is necessary to use further information to estimate the load distribution in the vehicle. For example, the seatbelt buckle contacts in the interior of the vehicle,” and further describes the benefits of ultrasonic sensors in general wherein, (Paragraph [0046], Lines 5-7) “Radar sensors or ultrasonic sensors have the advantage that, unlike inductive height level sensors, they can be installed in different positions in the vehicle in order to obtain a height level value via distance measurement.” Claim 13 Discloses: “The device according to claim 8, wherein the second sensor detects an operating state of at least one seat belt of the vehicle.” Hussmann does not teach an detecting an operating state of at least one seat belt of the vehicle. Gocke does teach an ultrasonic sensor which detects an operating state of at least one seat belt of the vehicle. Gocke teaches a vehicle pitch angle determination system wherein, (Paragraph [0012], Lines 1-2) “an environmental sensor is used to determine the pitch angle,” further wherein, (Paragraph [0022], Lines 5-6) “the estimated weight of each occupant is determined as a characteristic.” Gocke additionally teaches, (Paragraph [0003], Lines 4-5) “it is necessary to use further information to estimate the load distribution in the vehicle. For example, the seatbelt buckle contacts in the interior of the vehicle,” and further teaches, (Paragraph [0046], Lines 10-12) “using further radar and/or ultrasonic sensors or sensors to detect the number of seatbelt buckle contacts .” Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to combine the system of Hussmann with an ultrasonic sensor which detects the presence seatbelt contacts as taught by Gocke, in order to yield predictable results. Combining the references would yield the benefits of accounting for the weight of internal occupants upon the pitch angle of the vehicle to make more accurate calculations. As Gocke describes, (Paragraph [0003], Lines 4-5) “it is necessary to use further information to estimate the load distribution in the vehicle. For example, the seatbelt buckle contacts in the interior of the vehicle,” and further describes the benefits of ultrasonic sensors in general wherein, (Paragraph [0046], Lines 5-7) “Radar sensors or ultrasonic sensors have the advantage that, unlike inductive height level sensors, they can be installed in different positions in the vehicle in order to obtain a height level value via distance measurement.” 07-21-aia AIA Claim s 14 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hussmann in view of Okuchi, further in view of Gasser . Claim 14 Discloses: “The device according to claim 8, wherein the first sensor includes a camera.” Hussmann does not explicitly teach a camera. Hussmann does teach, (Paragraph [0021]) “Position sensors (H, V) can also be used, which generate position signals optically capacitively or by ultrasonic measurement.” Gasser does explicitly teach the preceding limitations. Gasser teach, (Paragraph [0001]) “a method and a device for automatic headlight range control of a front headlight assembly of a vehicle,” wherein, (Paragraph [0006]) “the light emission of the headlight system can be adjusted to the pitch angle of the vehicle by means of a headlight range control, for example by adjusting the aforementioned emission angle,” and further wherein, (Paragraph [0013]) “images of the vehicle's surroundings are taken at different times, referred to here as "first time" and "second time", using a camera arranged on the vehicle.” Gasser additionally teaches, (Paragraph [0047]) “the method further comprises the step of determining whether the vehicle is in a first state in which a change in the pitch angle is considered possible, in particular e.g. B. in which loading or unloading of the vehicle and a corresponding change in the pitch angle is possible, or whether the vehicle is in a second state in which a change in the pitch angle is considered impossible, in particular e.g. B. in which loading or unloading the vehicle and consequently a change in the pitch angle is not possible, whereby the first time point (for taking the first picture ) is a time point of a transition from the second state to the first state and the second time point ( for taking the second picture ) is a time point of a transition from the first state to the second state.” Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to combine the system of Hussmann with the explicit use of a camera as taught by Gasser, in order to yield predictable results. Combining the reference would yield the well-known benefits of using a camera, one of the most commonly used optical sensors, especially due to the fact that cameras are typically already a part of vehicles as a part of other safety systems. As Gasser describes, (Paragraph [0035], Lines 3-7) “ Cars or trucks, in that one or more cameras (e.g. B. video cameras) are often already associated with convenience and safety features such as... B. automatic distance control, detection of other road users, vehicles, lane markings, traffic signs, etc. are present, in particular e.g. B. in connection with the functionalities required for so-called autonomous driving to monitor the vehicle's surroundings while driving.” Claim 20 Discloses: “The non-transitory machine readable storage medium of claim 16, wherein the first averaged pitch angle and the second averaged pitch angle are determined based on output from a camera.” Hussmann does not explicitly teach a camera. Hussmann does teach, (Paragraph [0021]) “Position sensors (H, V) can also be used, which generate position signals optically capacitively or by ultrasonic measurement.” Gasser does explicitly teach the preceding limitations. Gasser teach, (Paragraph [0001]) “a method and a device for automatic headlight range control of a front headlight assembly of a vehicle,” wherein, (Paragraph [0006]) “the light emission of the headlight system can be adjusted to the pitch angle of the vehicle by means of a headlight range control, for example by adjusting the aforementioned emission angle,” and further wherein, (Paragraph [0013]) “images of the vehicle's surroundings are taken at different times, referred to here as "first time" and "second time", using a camera arranged on the vehicle.” Gasser additionally teaches, (Paragraph [0047]) “the method further comprises the step of determining whether the vehicle is in a first state in which a change in the pitch angle is considered possible, in particular e.g. B. in which loading or unloading of the vehicle and a corresponding change in the pitch angle is possible, or whether the vehicle is in a second state in which a change in the pitch angle is considered impossible, in particular e.g. B. in which loading or unloading the vehicle and consequently a change in the pitch angle is not possible, whereby the first time point (for taking the first picture ) is a time point of a transition from the second state to the first state and the second time point ( for taking the second picture ) is a time point of a transition from the first state to the second state.” Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention to combine the system of Hussmann with the explicit use of a camera as taught by Gasser, in order to yield predictable results. Combining the reference would yield the well-known benefits of using a camera, one of the most commonly used optical sensors, especially due to the fact that cameras are typically already a part of vehicles as a part of other safety systems. As Gasser describes, (Paragraph [0035], Lines 3-7) “ Cars or trucks, in that one or more cameras (e.g. B. video cameras) are often already associated with convenience and safety features such as... B. automatic distance control, detection of other road users, vehicles, lane markings, traffic signs, etc. are present, in particular e.g. B. in connection with the functionalities required for so-called autonomous driving to monitor the vehicle's surroundings while driving.” RELEVANT, BUT NOT CITED PRIOR ART 07-96 AIA The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure. Toda et al. (US 6693380 B2) discloses, (Abstract) “An auto leveling apparatus which drives a motor only in case that a posture that has changed during stoppage becomes stable and the stable posture is different from the posture controlled at the last time thereby to reduce the number of operations of the motor. In an auto leveling apparatus of vehicle headlamp including a headlamp of which a light axis tilts up and down in relation to a car body by drive of a motor , a control unit for controlling the drive of the motor, a speed sensor for detecting speed, a pitch angle sensor for detecting pitch angle, and a memory for storing the pitch angle data detected by the pitch angle sensor, in which the control unit controls the drive of the motor, on the basis of the pitch angle data detected by the pitch angle sensor, so that the light axis of the headlamp has the constant inclination in relation to a road surface, the control unit controls the drive of the motor only in case that a posture (pitch angle data) that has changed once during stoppage becomes stable and the difference between its posture and a reference posture (reference pitch angle data) exceeds the predetermined value. Therefore, according to reduction of the number of operations of the motor, durability of the motor itself is improved.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER V. GENTILE whose telephone number is (703)756-1501. The examiner can normally be reached Monday - Friday 9-5. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kito R. Robinson can be reached at (571)270-3921. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ALEXANDER V GENTILE/ Examiner, Art Unit 3664 /KITO R ROBINSON/ Supervisory Patent Examiner, Art Unit 3664 Application/Control Number: 19/190,016 Page 2 Art Unit: 3664 Application/Control Number: 19/190,016 Page 3 Art Unit: 3664 Application/Control Number: 19/190,016 Page 4 Art Unit: 3664 Application/Control Number: 19/190,016 Page 5 Art Unit: 3664 Application/Control Number: 19/190,016 Page 6 Art Unit: 3664 Application/Control Number: 19/190,016 Page 7 Art Unit: 3664 Application/Control Number: 19/190,016 Page 8 Art Unit: 3664 Application/Control Number: 19/190,016 Page 10 Art Unit: 3664 Application/Control Number: 19/190,016 Page 11 Art Unit: 3664 Application/Control Number: 19/190,016 Page 12 Art Unit: 3664 Application/Control Number: 19/190,016 Page 13 Art Unit: 3664 Application/Control Number: 19/190,016 Page 14 Art Unit: 3664 Application/Control Number: 19/190,016 Page 15 Art Unit: 3664 Application/Control Number: 19/190,016 Page 16 Art Unit: 3664 Application/Control Number: 19/190,016 Page 17 Art Unit: 3664 Application/Control Number: 19/190,016 Page 18 Art Unit: 3664 Application/Control Number: 19/190,016 Page 19 Art Unit: 3664 Application/Control Number: 19/190,016 Page 20 Art Unit: 3664 Application/Control Number: 19/190,016 Page 21 Art Unit: 3664 Application/Control Number: 19/190,016 Page 22 Art Unit: 3664 Application/Control Number: 19/190,016 Page 23 Art Unit: 3664 Application/Control Number: 19/190,016 Page 24 Art Unit: 3664 Application/Control Number: 19/190,016 Page 25 Art Unit: 3664 Application/Control Number: 19/190,016 Page 26 Art Unit: 3664 Application/Control Number: 19/190,016 Page 27 Art Unit: 3664 Application/Control Number: 19/190,016 Page 28 Art Unit: 3664
