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 .
This is a Non-final Office Action on the merits. Claims 1-15 are currently pending and are addressed below.
Priority
Acknowledgement is made of applicant’s claim of priority for foreign application IT102024000017458, filed 07/26/2024.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 07/23/2025 is/are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered by the examiner.
Drawings
The drawings are objected to because reference character “20” in Figs. 5-6 does not appear to be directed to the correct component, since Figs. 2-4 show reference character “20” directed to a sensor. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Pg. 1, line 29 recites “…to the respective upright A…”, in which the underlined portion appears to be a typographical error.
Pg. 13, line 35 recites “…directly the inclination…”, which appears to be grammatically incorrect.
Appropriate correction is required.
Claim Objections
Claims 1, 11, and 13 objected to because of the following informalities:
Claim 1 recites “…between the sun (S) and the eyes of the driver (DR) and/or the ones of the at least one passenger (PG)…”. Examiner respectfully recommends deleting the underlined portion so it is consistent with the language used earlier in the claim (See lines 7-8: “…the eyes of the driver (DR) and/or of the passenger (PG)…”) and so it is clear that the limitation is referring to the eyes of the passenger and not just the passenger themselves. This also applies to claims 2, 5-6, 11-12, and 14, which recite similar limitations (e.g., “…detect the eye position of the driver (DR) and/or the at least one passenger (PG)…”, “…as the position of the sun (S) and/or the eyes of the driver (DR) and/or the passenger (PG) changes”) and should be modified accordingly.
Claim 11 recites “…wherein the protection device (18) is controlled, by means of the control unit (19), adjusting an obscuring/opacifying value of the protective area (PA) based on the sun rays (SR) intensity value”, which appears to be grammatically incorrect due to a comma splice.
Claim 11 recites “…the method comprising the step of controlling…”. Examiner respectfully recommends modifying “the step” to “a step” since it is the first instance of the step of controlling within the claim.
Claim 13 recites “…in particular detected…”, which appears to be grammatically incorrect.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
the protection device in claims 1-6 and 10-15 (See at least pg. 9, lines 27-36 for corresponding structure):
“…for protecting the eyes of the driver (DR) and/or of the passenger (PG) from the sun rays (SR)…”
the control unit in claims 1-15 (See at least pg. 6, lines 23-25 & pg. 12, lines 21-23 for corresponding structure):
“…configured to control the protection device (18) to obscure/opacify selectively and at least partially a protective area (PA) of the at least one of the plurality of windows (10)…”
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-15 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites “…wherein the protection device (18) is controlled according to a sun rays (SR) intensity value; wherein the protection device (18) is controlled, by means of the control unit (19), adjusting an obscuring/opacifying value of the protective area (PA) based on the sun rays (SR) intensity value”. However, since these limitations are recited outside of the method step recited earlier in the claim (See lines 11-15: “the step of controlling”), it is unclear whether these limitations are intended to further limit the method step or if they are intended to be alternatives for the method step.
Claim 13 recites “….in particular detected via a second sensor element (22) facing outwardly from the passenger compartment (6)”. It is unclear what is being detected by the second sensor element.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moschek of US 20240227516 A1, published 07/11/2024, hereinafter “Moschek”.
Regarding claim 1, Moschek discloses:
A road vehicle (1) comprising: (See at least [0004]: “The present invention provides a driver assistance system or vision system or imaging system for a vehicle that provides a dynamic blocking or attenuating of headlights of oncoming vehicles or other bright lights that may be ahead of the subject vehicle and that may be bothersome to the driver of the subject vehicle.”)
- four wheels (2, 3), of which at least one pair is driven; (See at least [0030]: “…when the vehicle is being driven forward along a road” & Fig. 1, which shows a vehicle with wheels.)
- a passenger compartment (6) configured to accommodate a driver (DR) and preferably at least one passenger (PG); (See at least Fig. 1 & [0040]: “…the interior cabin of the vehicle…”)
- a plurality of windows (10) delimiting at least part of the passenger compartment (6); (See at least [0018]: “The windshield 16 comprises an active partially dimmable windshield…” & Fig. 1, which shows a plurality of windows including the windshield.)
- a protection device (18) for protecting the eyes of the driver (DR) and/or of the passenger (PG) from the sun rays (SR), arranged at at least one of the plurality of windows (10) of the road vehicle (1); (See at least Figs. 6-7, [0018]: “The windshield 16 comprises an active partially dimmable windshield, which may comprise an electro-optic medium (such as an electrochromic medium) sandwiched between two glass sheets or panels, or may comprise a locally dimmable liquid crystal window construction or the like” & [0024]: “For example, and with reference to FIG. 8, a variable sunshade can be provided where a band across or at least partially across the windshield at a level of the light source or sun is darkened to reduce glare by the light source or sun at the driver's eyes.”)
- a control unit (19) configured to control the protection device (18) to obscure/opacify selectively and at least partially a protective area (PA) of the at least one of the plurality of windows (10); wherein the protective area (PA) is interposed between the sun (S) and the eyes of the driver (DR) and/or the ones of the at least one passenger (PG); (See at least Fig. 10, [0018]: “The control 20, responsive to processing by a processor of image data captured by the forward viewing camera 14, determines presence of a light source ahead of the vehicle and, responsive to processing by a processor of image data captured by the in-cabin camera 18, determines the driver's eye location and/or gaze direction. The control determines a viewing path between the driver's eyes and the detected light source and controls the windshield so as to locally dim or darken a portion (or portions) of the windshield (while the non-darkened rest of the windshield remains transparent or light-transmitting) where the determined viewing path passes through the windshield, such that the locally dimmed or darkened portions or regions are partially non-light-transmitting so as to block or attenuate or dim the bright light in the driver's view”, claim 1: “…wherein image data captured by the forward viewing camera is transferred to and is processed at the ECU to determine (i) a light source ahead of the equipped vehicle…” & claim 14: “…wherein the determined light source comprises the sun.” See also [0029-0033].)
wherein the control unit (19) is configured to control the protection device (18) according to a sun rays (SR) intensity value; wherein the control unit (19) is configured to adjust an obscuring/opacifying value of the protective area (PA) based on the sun rays (SR) intensity value. (See at least [0031-0032]: “Based on the determined relative locations of the driver's eyes and light source relative to the windshield, the system can determine where the light path will intersect and pass through the windshield (taking into account the angle of the windshield). The system controls or adjusts the light transmissivity of the windshield (or control surface) at that location, and adjusts the light transmissivity of the windshield (or control surface) at a region around that point, with the size or radius of the region being determined based on light intensity and size of the light source. The system controls or adjusts the degree of the light transmissivity of the darkened region responsive to the determined intensity of the light emitted by the light source. For example, the control may determine that a windshield region for a detected light source should be darkened when it determines that the light source has a brightness or intensity of, for example, greater than 300 lux, or greater than 500 lux or greater than 1,000 lux or more, depending on the particular application.” See also [0029-0030].)
Regarding claim 2, Moschek discloses all the limitations of claim 1 as discussed above.
Moschek additionally discloses:
further comprising: - a first sensor element (20) facing inwardly to the passenger compartment (6) and configured to detect the eye position of the driver (DR) and/or the at least one passenger (PG); (See at least Fig. 1 & [0018]: “The control 20, responsive to processing by a processor of image data captured by the forward viewing camera 14, determines presence of a light source ahead of the vehicle and, responsive to processing by a processor of image data captured by the in-cabin camera 18, determines the driver's eye location and/or gaze direction.”)
wherein the control unit (19) is configured to control the protective device (18) to position or move the protective area (PA) according to the detected eye position. (See at least Fig. 10 & [0031]: “The system determines the driver's eye location relative to the windshield via processing of data captured by the eye position sensor or driver monitoring system, and determines the location of the light source relative to the windshield via processing of data captured by the forward viewing camera and/or light position sensor. Based on the determined relative locations of the driver's eyes and light source relative to the windshield, the system can determine where the light path will intersect and pass through the windshield (taking into account the angle of the windshield). The system controls or adjusts the light transmissivity of the windshield (or control surface) at that location, and adjusts the light transmissivity of the windshield (or control surface) at a region around that point, with the size or radius of the region being determined based on light intensity and size of the light source.”)
Regarding claim 3, Moschek discloses all the limitations of claim 2 as discussed above.
Moschek additionally discloses:
wherein the control unit (19) is additionally configured to command the protection device (18) to arrange or move the protective area (PA) according to the position of the sun (S) and/or the inclination of the sun rays (SR). (See at least Fig. 10 & [0031]: “The system determines the driver's eye location relative to the windshield via processing of data captured by the eye position sensor or driver monitoring system, and determines the location of the light source relative to the windshield via processing of data captured by the forward viewing camera and/or light position sensor. Based on the determined relative locations of the driver's eyes and light source relative to the windshield, the system can determine where the light path will intersect and pass through the windshield (taking into account the angle of the windshield). The system controls or adjusts the light transmissivity of the windshield (or control surface) at that location, and adjusts the light transmissivity of the windshield (or control surface) at a region around that point, with the size or radius of the region being determined based on light intensity and size of the light source.”)
Regarding claim 4, Moschek discloses all the limitations of claim 3 as discussed above.
Moschek additionally discloses:
comprising a second sensor element (22) facing outwardly from the passenger compartment (6) and configured to detect the position of the sun (S) and/or the inclination of the sun rays (SR). (See at least [0019]: “With the help of the forward viewing or front facing camera 14, the upcoming light sources are be detected. The system, via processing of image processing of image data captured by the camera 14, determines the size, brightness/intensity and location or position, in real Cartesian coordinates (or any coordinate system or reference system that aids in determining location of the light source relative to the vehicle and/or driver's eyes), of the detected light spots ahead of the vehicle (see, for example, FIGS. 2 and 4).”)
Regarding claim 5, Moschek discloses all the limitations of claim 3 as discussed above.
Moschek additionally discloses:
wherein the control unit (19) is configured to identify a transparent area (TA) of the at least one window (10) interposed between the sun and the eyes of the driver (DR) and/or the at least one passenger (PG); wherein the control unit (19) is configured to control the protection device (18) to switch the transparent area (TA) to the protective area (PA). (See at least Figs. 6-7 & [0027]: “The control 120, responsive to processing by a processor of data captured by the forward sensing light sensor 122 (and/or processing of image data captured by the forward viewing camera 114), determines presence of light sources ahead of the vehicle and, responsive to processing by a processor of image data captured by the in-cabin camera 118, determines the driver's eye location and/or gaze direction. The control determines a light path between the detected light source and the driver's eyes and controls the windshield so as to locally dim or darken a portion (or portions) of the windshield (while the non-darkened rest of the windshield remains transparent or light-transmitting) where the determined viewing path passes through the windshield, such that the locally dimmed or darkened portions or regions are partially non-light-transmitting so as to block or attenuate or dim the bright light in the driver's view.” See also [0029-0033].)
Regarding claim 6, Moschek discloses all the limitations of claim 1 as discussed above.
Moschek additionally discloses:
wherein the unit control (19) is configured to command the movement of the protective area (PA) over the same window (10) and/or from one window (10) to another as the position of the sun (S) and/or the eyes of the driver (DR) and/or the passenger (PG) changes. (See at least [0029-0030]: “If the microcontroller determines that any light source intensity is significantly higher than the intensity of light emitted by other light sources, the microcontroller uses vector projection to determine at what position the higher intensity light penetrates or passes through the controlled surface/windshield to reach an eyes of the driver. With that position or location at the controlled surface determined, the microcontroller sends a signal to the control surface to lower the transparency at that region or location. For example, the controller may operate to reduce the visible light transmissivity of the control surface at a particular coordinate (X, Y) of the control surface (such as at a center point of the light path between the light source and the driver's eyes, with radius (R) around that coordinate (with R being selected depending on the size and intensity of the light source, with at a particular degree of attenuation (D), with the degree of attenuation being determined based on the intensity of light emitted by the light source and the intensity of other light sources detected ahead of the vehicle. Thus, the output of the controller may provide values for X, Y, R, D, whereby the control surface reduces visible light transmissivity at the appropriate location and size region. The process loops infinitely during normal operation of the vehicle, such as when the vehicle is being driven forward along a road”, claim 1: “…controls the windshield to locally darken the determined region of the windshield” & claim 6: “…wherein the vehicular vision system determines the position of the determined region of the windshield as the light source moves relative to the determined gaze direction of the driver.”)
Regarding claim 7, Moschek discloses all the limitations of claim 1 as discussed above.
Moschek additionally discloses:
wherein the protection device (18) comprises a selectively and partially obscurable/opacifiable protective layer (23) applied on the at least one of the vehicular windows (10); (See at least [0037]: “The controllable transparent element or windshield may have multiple regions that are separately and independently energized (with electrically conductive layers at the glass sheets that are electrically isolated to provide the independently energizable regions) to provide the darkened regions (where one or more regions may be energized to provide the appropriate size and location of the darkened spot or spots).”)
wherein the protective layer (23) is configured to be controlled by the control unit (19). (See at least [0018]: “The control determines a viewing path between the driver's eyes and the detected light source and controls the windshield so as to locally dim or darken a portion (or portions) of the windshield (while the non-darkened rest of the windshield remains transparent or light-transmitting) where the determined viewing path passes through the windshield, such that the locally dimmed or darkened portions or regions are partially non-light-transmitting so as to block or attenuate or dim the bright light in the driver's view.”)
Regarding claim 8, Moschek discloses all the limitations of claim 7 as discussed above.
Moschek additionally discloses:
wherein said protective layer (23) comprises electronic ink and/or LCD. (See at least [0018]: “The windshield 16 comprises an active partially dimmable windshield, which may comprise an electro-optic medium (such as an electrochromic medium) sandwiched between two glass sheets or panels, or may comprise a locally dimmable liquid crystal window construction or the like.”)
Regarding claim 9, Moschek discloses all the limitations of claim 7 as discussed above.
Moschek additionally discloses:
comprising a third sensor element (24) configured to detect the sun rays (SR) intensity value. (See at least Fig. 9, [0029]: “The light position sensor 122 detects and tracks a variety of light sources present exterior and forward of the vehicle and determines the intensity of light emitted by the detected light sources” & [0035]: “Thus, the threshold level dynamically varies with the determined ambient light at or ahead of the vehicle and/or with the determined activity level of light (e.g., the number of other light sources determined ahead of the vehicle). The ambient light level may be sensed or determined via a separate ambient light sensor or via the forward viewing camera.”)
Regarding claim 10, Moschek discloses all the limitations of claim 1 as discussed above.
Moschek additionally discloses:
wherein the protection device (18) is configured so that the protective area (PA) is enclosed in a closed curved or broken line and/or wherein the protective area (PA) is a vertical band; (See at least Fig. 7 & [0023]: “The system and active partially dimmable windshield will not only operate to darken or reduce visibility of or glare from light sources of approaching vehicles. The system and active partially dimmable windshield can also be used to provide glare relief to the driver for all glaring light sources, such as street lights or low sun conditions (see, for example, FIGS. 6 and 7), such as at morning or early evening.”)
particularly wherein the edges of the protective area (PA) are blurred. (See at least Fig. 7, which shows the darkened portion of the windshield with blurred edges.)
Regarding claim 11, Moschek discloses:
A method for eye protection from sun rays (SR) in a road vehicle (1); (See at least [0004]:” The present invention provides a driver assistance system or vision system or imaging system for a vehicle that provides a dynamic blocking or attenuating of headlights of oncoming vehicles or other bright lights that may be ahead of the subject vehicle and that may be bothersome to the driver of the subject vehicle.”)
the road vehicle (1) comprising: - a passenger compartment (6) configured to accommodate a driver (DR) and preferably at least one passenger (PG); (See at least Fig. 1 & [0040]: “…the interior cabin of the vehicle…”)
- a plurality of windows (10) delimiting at least part of the passenger compartment (6); (See at least [0018]: “The windshield 16 comprises an active partially dimmable windshield…” & Fig. 1, which shows a plurality of windows including the windshield.)
- a protection device (18) for protecting the eyes of the driver (DR) and/or of the passenger (PG) from the sun rays (SR), arranged at at least one of the plurality of windows (10) of the road vehicle (1); (See at least Figs. 6-7, [0018]: “The windshield 16 comprises an active partially dimmable windshield, which may comprise an electro-optic medium (such as an electrochromic medium) sandwiched between two glass sheets or panels, or may comprise a locally dimmable liquid crystal window construction or the like” & [0024]: “For example, and with reference to FIG. 8, a variable sunshade can be provided where a band across or at least partially across the windshield at a level of the light source or sun is darkened to reduce glare by the light source or sun at the driver's eyes.”)
the method comprising the step of controlling, by means of a control unit (19), the protection device (18) by obscuring/opacifying selectively and at least partially a protective area (PA) of the at least one of the plurality of windows (10); wherein the protective area (PA) is interposed between the sun (S) and the eyes of the driver (DR) and/or the at least one passenger (PG); (See at least Fig. 10, [0018]: “The control 20, responsive to processing by a processor of image data captured by the forward viewing camera 14, determines presence of a light source ahead of the vehicle and, responsive to processing by a processor of image data captured by the in-cabin camera 18, determines the driver's eye location and/or gaze direction. The control determines a viewing path between the driver's eyes and the detected light source and controls the windshield so as to locally dim or darken a portion (or portions) of the windshield (while the non-darkened rest of the windshield remains transparent or light-transmitting) where the determined viewing path passes through the windshield, such that the locally dimmed or darkened portions or regions are partially non-light-transmitting so as to block or attenuate or dim the bright light in the driver's view”, claim 1: “…wherein image data captured by the forward viewing camera is transferred to and is processed at the ECU to determine (i) a light source ahead of the equipped vehicle…” & claim 14: “…wherein the determined light source comprises the sun.” See also [0029-0033].)
wherein the protection device (18) is controlled according to a sun rays (SR) intensity value; wherein the protection device (18) is controlled, by means of the control unit (19), adjusting an obscuring/opacifying value of the protective area (PA) based on the sun rays (SR) intensity value. (See at least [0031-0032]: “Based on the determined relative locations of the driver's eyes and light source relative to the windshield, the system can determine where the light path will intersect and pass through the windshield (taking into account the angle of the windshield). The system controls or adjusts the light transmissivity of the windshield (or control surface) at that location, and adjusts the light transmissivity of the windshield (or control surface) at a region around that point, with the size or radius of the region being determined based on light intensity and size of the light source. The system controls or adjusts the degree of the light transmissivity of the darkened region responsive to the determined intensity of the light emitted by the light source. For example, the control may determine that a windshield region for a detected light source should be darkened when it determines that the light source has a brightness or intensity of, for example, greater than 300 lux, or greater than 500 lux or greater than 1,000 lux or more, depending on the particular application.” See also [0029-0030].)
Regarding claim 12, Moschek discloses all the limitations of claim 11 as discussed above.
Moschek additionally discloses:
comprising the further steps of: detecting, by means of a first sensor element (20) facing inwardly to the passenger compartment (6), the position of the eyes of the driver (DR) and/or the at least one passenger (PG); and (See at least Fig. 1 & [0018]: “The control 20, responsive to processing by a processor of image data captured by the forward viewing camera 14, determines presence of a light source ahead of the vehicle and, responsive to processing by a processor of image data captured by the in-cabin camera 18, determines the driver's eye location and/or gaze direction.”)
controlling, via the control unit (19), the protection device (18) to arrange or move the protective area (PA) according to the detected eye position. (See at least Fig. 10 & [0031]: “The system determines the driver's eye location relative to the windshield via processing of data captured by the eye position sensor or driver monitoring system, and determines the location of the light source relative to the windshield via processing of data captured by the forward viewing camera and/or light position sensor. Based on the determined relative locations of the driver's eyes and light source relative to the windshield, the system can determine where the light path will intersect and pass through the windshield (taking into account the angle of the windshield). The system controls or adjusts the light transmissivity of the windshield (or control surface) at that location, and adjusts the light transmissivity of the windshield (or control surface) at a region around that point, with the size or radius of the region being determined based on light intensity and size of the light source.”)
Regarding claim 13, Moschek discloses all the limitations of claim 12 as discussed above.
Moschek additionally discloses:
comprising the further step of controlling, via the control unit (19), the protection device (18) to arrange or move the protective area (PA) according to the position of the sun (S) and/or the inclination of the sun's rays (SR); (See at least Fig. 10 & [0031]: “The system determines the driver's eye location relative to the windshield via processing of data captured by the eye position sensor or driver monitoring system, and determines the location of the light source relative to the windshield via processing of data captured by the forward viewing camera and/or light position sensor. Based on the determined relative locations of the driver's eyes and light source relative to the windshield, the system can determine where the light path will intersect and pass through the windshield (taking into account the angle of the windshield). The system controls or adjusts the light transmissivity of the windshield (or control surface) at that location, and adjusts the light transmissivity of the windshield (or control surface) at a region around that point, with the size or radius of the region being determined based on light intensity and size of the light source.”)
in particular detected via a second sensor element (22) facing outwardly from the passenger compartment (6). (See at least [0019]: “With the help of the forward viewing or front facing camera 14, the upcoming light sources are be detected. The system, via processing of image processing of image data captured by the camera 14, determines the size, brightness/intensity and location or position, in real Cartesian coordinates (or any coordinate system or reference system that aids in determining location of the light source relative to the vehicle and/or driver's eyes), of the detected light spots ahead of the vehicle (see, for example, FIGS. 2 and 4).”)
Regarding claim 14, Moschek discloses all the limitations of claim 13 as discussed above.
Moschek additionally discloses:
comprising the step of identifying a transparent area (TA) of the at least one window (10) interposed between the sun (S) and the eyes of the driver (DR) and/or the at least one passenger (PG); wherein the protection device (18) is controlled by the control unit (19) to switch the transparent area (TA) to the protective area (PA). (See at least [0027]: “The control 120, responsive to processing by a processor of data captured by the forward sensing light sensor 122 (and/or processing of image data captured by the forward viewing camera 114), determines presence of light sources ahead of the vehicle and, responsive to processing by a processor of image data captured by the in-cabin camera 118, determines the driver's eye location and/or gaze direction. The control determines a light path between the detected light source and the driver's eyes and controls the windshield so as to locally dim or darken a portion (or portions) of the windshield (while the non-darkened rest of the windshield remains transparent or light-transmitting) where the determined viewing path passes through the windshield, such that the locally dimmed or darkened portions or regions are partially non-light-transmitting so as to block or attenuate or dim the bright light in the driver's view.” See also [0029-0033].)
Regarding claim 15, Moschek discloses all the limitations of claim 11 as discussed above.
Moschek additionally discloses:
wherein the sun rays (SR) intensity value is detected by means of a third sensor element (24) facing outwardly from the passenger compartment (6). (See at least Fig. 9, [0029]: “The light position sensor 122 detects and tracks a variety of light sources present exterior and forward of the vehicle and determines the intensity of light emitted by the detected light sources” & [0035]: “Thus, the threshold level dynamically varies with the determined ambient light at or ahead of the vehicle and/or with the determined activity level of light (e.g., the number of other light sources determined ahead of the vehicle). The ambient light level may be sensed or determined via a separate ambient light sensor or via the forward viewing camera.”)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20200108700 A1 is directed to tinting one or more portions of vehicle windows based on occupant type, location and orientation and the strength and direction of sunlight.
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/NIKKI MARIE M MOLINA/Examiner, Art Unit 3662
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