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 communication is responsive to the correspondence filled on 08/29/2025.
Claims 1-20 are presented for examination.
IDS Considerations
The information disclosure statement (IDS) submitted on 09/30/2025 and 08/29/2025 is/are being considered by the examiner as the submission is in compliance with the provisions of 37 CFR 1.97.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. The filing date of the application will determine what form should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission.
Claims 1 and 12 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over the combined invention of claims 1 and claim 3 of US Pat. 12257953 B2.
Even though instant application does not claim “a CMS controller including a memory and a processor; the CMS controller being connected to a plurality of cameras disposed about a vehicle and configured to receive a video feed from each of the cameras in the plurality of cameras, and store the current location (t0) of the set of prediction points in a prediction set; identifying a first predicted future position of each prediction point at a time t1 based on a set of parameters including at least a trailer angle of the vehicle, a steering angle of the vehicle and the current location (t0) of the corresponding prediction point and storing the first future prediction point (t1) in the prediction set; identifying at least one additional predicted future position of each prediction point at a time (tn) based on a second set of parameters including at least the trailer angle of the vehicle, the steering angle of the vehicle, and the location at a previous time (tn−1) of the corresponding prediction point”, however not claiming this does not provide instant application a patentable distinction. Because lack of limitation makes the claim broad obvious variation of US Pat. 12257953 B2.
Even though US Pat. 12257953 B2 does not claim wherein the object includes a curb, and the controller is configured to provide another overlay on the curb. However, this is well known in the art as an example given in prior art Alghooneh (U.S. Pub. No. 20230331298 A1) para [0035] It is desirable to vehicle operators to keep vehicles and trailers from being scratched or damaged. One source of damage to vehicles and trailers wheels is damage from curbs and parking blocks primarily caused by contact of the wheel rim with the curb while turning. The exemplary system is configured to perceive curb hazards and estimate a vehicle wheel path 120 with relation to curb and other object hazards that can occur and provide guidance to the driver to help prevent collisions. The exemplary system is configured to perceive curb hazards and estimate a trailer wheel path 125 with relation to curb and other object hazards that can occur and provide guidance to the driver to help prevent collisions during trailering operations. The exemplary system may employ a fusion of vehicle perception sensors, including optical image sensors such as cameras, and range imaging sensors such as ultrasonic sensors, lidar, or short range radar, and other vehicle kinematic and dynamic data along with algorithms to detect, localize, track, and alert curb hazards and other hazardous objects inside the turning radius of the trailer. [0069] Turning now to FIG. 4, an exemplary user interface display for providing driver feedback from trailer path hazard detection system according to an exemplary embodiment of the present disclosure is shown. The first image 400 is indicative of a side view from the tow vehicle where the tow vehicle is beginning to execute a right turn around a corner during a towing operation. The detected curb is highlighted by the system by overlaying a first indicator 405 over the detected curb. A trailer guideline 410 is also overlaid on the user interface image to identify to the driver the projected trailer wheel path. The first indicator 405 and the trailer guideline 410 may be depicted in different colors on the user interface image. In some exemplary embodiments, as the turn progresses and where the projected trailer wheel path is approaching the curb, the color of the trailer guideline may change colors to communicate the increased risk of curb collision to the vehicle operator.
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to combine US Pat. 12257953 B2 and Alghooneh with predictable results to incorporate the object includes a curb, and the controller is configured to provide another overlay on the curb. This feature was obvious to try as it improves user experience.
Instant Application 19/314,970
US Pat. 12257953 B2
1. A camera monitor system (CMS) for a vehicle, comprising:
a camera configured to face rear and provide a captured image of a field of view including at least a portion of a trailer;
a display in communication with the camera and configured to depict a displayed image comprising at least a portion of the captured image including the portion of the trailer;
and a controller in communication with the camera and the display, the controller comprising a collision alert module configured to provide an overlay on the displayed image corresponding to a region encompassing a predicted trailer path relative to a current trailer position,
the overlay including a first boundary provided by curved line indicative of an inside trailer path and a striking area from the first boundary to the trailer;
wherein the controller includes a trailer striking area prediction module configured to define a striking area geometry
and wherein controller includes a collision alert module configured to cause the controller to identify at least one object including an object within an image. compare a location of the object within the image to the striking area geometry and output a collision warning in response to the object overlapping with the striking area geometry.
wherein the object includes a curb, and the controller is configured to provide another overlay on the curb.
1. A camera monitoring system (CMS) for a vehicle, comprising:
a CMS controller including a memory and a processor; the CMS controller being connected to a plurality of cameras disposed about a vehicle and configured to receive a video feed from each of the cameras in the plurality of cameras,
the CMS controller including at least one side camera configured to define a rear side view and at least one rear camera configured to generate a rear facing view;
causing the CMS to display the geometry over an image on the rear view display image as an overlay;
the memory storing a trailer end detection module configured to identify a trailer end of a trailer within at least one image generated by the plurality of cameras;
and the memory further storing a trailer striking area prediction module configured to define a striking area geometry using a set of predicted future positions of prediction points in a prediction set, the prediction points being defined along an edge of the trailer, causing the CMS to display the geometry over an image on the rear view display image as an overlay;
identifying a current location (t0) of a set of prediction points of the trailer along an inside edge of the trailer [boundary]; generate a geometry including each two dimensional position [curved line, also reinforced by claim 2] and converting each location in the prediction set from a three dimensional real world position to a two dimensional position within a rear view display image,
and the memory further storing a trailer striking area prediction module configured to define a striking area geometry using a set of predicted future positions of prediction points in a prediction set,
and store the current location (t0) of the set of prediction points in a prediction set; identifying a first predicted future position of each prediction point at a time t1 based on a set of parameters including at least a trailer angle of the vehicle, a steering angle of the vehicle and the current location (t0) of the corresponding prediction point and storing the first future prediction point (t1) in the prediction set; identifying at least one additional predicted future position of each prediction point at a time (tn) based on a second set of parameters including at least the trailer angle of the vehicle, the steering angle of the vehicle, and the location at a previous time (tn−1) of the corresponding prediction point;
3. The CMS of claim 1, wherein the memory further including a collision alert module configured to cause the controller to identify at least one object within an image, compare a location of the object within the image to the geometry, and output a collision warning in response to the object overlapping with the geometry.
7. Limitations of remaining claims of instant application are obvious over US Pat. 12257953 B2 in view of Alghooneh (U.S. Pub. No. 20230331298 A1). Please note 35 U.S.C. 101 allows only one patent from one patent application or invention. In that aspect all dependent claims of instant application are obvious variation of independent claim 1, because applicant specification points same inventive area.
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.
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: in claim 1 and 2.
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.
Examiner is invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, for examining claim(s) 1 and 2 because these claim(s) are drawn to a functionality comprising module which use a generic placeholder, “module” coupled with functional language “module configured to provide an overlay” in claim 1 and “module configured to define a striking area geometry” in claim 1 and claim 2 without reciting sufficient structure to achieve the function.
However, a review of the specification paragraph [0056] and [0064] shows corresponding structure.
Allowable subject matter
8. Sperrle (U.S. Pub. No. 20230406410 A1), in view of Alghooneh (U.S. Pub. No. 20230331298 A1) are closest prior art. However, Claims are not rejected under - 35 USC § 103 because,
Regarding to claim 1 and 12:
1. Sperrle teach a camera monitor system (CMS) for a vehicle, comprising: and a controller in communication with the camera and the display, the controller comprising a collision alert module configured to provide (Sperrle [0012] Alternatively or additionally, it may be provided that a collision warning be displayed for a user of the vehicle if the detected object is located in the ascertained predicted movement trajectory of the trailer and/or if the detected dynamic object is moving into the ascertained predicted movement trajectory of the trailer.) an overlay on the displayed image corresponding to a region encompassing a predicted trailer path relative to a current trailer position, (Sperrle [0011] the ascertained predicted movement trajectory of the trailer is additionally shown [overlay] in the displayed environment model. )
and wherein controller includes a collision alert module configured to cause the controller to identify at least one object including an object within an image, (Sperrle [0012] Alternatively or additionally, it may be provided that a collision warning be displayed for a user of the vehicle if the detected object is located in the ascertained predicted movement trajectory of the trailer and/or if the detected dynamic object is moving into the ascertained predicted movement trajectory of the trailer.)
compare a location of the object within the image to the striking area geometry, and output a collision warning in response to the object overlapping with the striking area geometry, (Sperrle [0012] The highlighting advantageously occurs if the detected static object is located in the ascertained predicted movement trajectory of the trailer or if the detected dynamic object is moving into the ascertained predicted movement trajectory. Alternatively or additionally, it may be provided that a collision warning be displayed for a user of the vehicle if the detected object is located in the ascertained predicted movement trajectory of the trailer and/or if the detected dynamic object is moving into the ascertained predicted movement trajectory of the trailer.)
Alghooneh teach a camera configured to face rear and provide a captured image of a field of view including at least a portion of a trailer; (Alghooneh Fig. 1 claim 19. predicting a trailer wheel path in response to the tow vehicle path, a vehicle dimension and a trailer dimension, and generating a warning control signal in response to an intersection of the obstacle location and the trailer wheel path; and a display for displaying the second image and overlaying a first indicator of the curb location and a second indicator of the trailer wheel [portion] path over the second image.) a display in communication with the camera and configured to depict a displayed image comprising at least a portion of the captured image including the portion of the trailer; (Alghooneh Fig. 1 claim 19. predicting a trailer wheel path in response to the tow vehicle path, a vehicle dimension and a trailer dimension, and generating a warning control signal in response to an intersection of the obstacle location and the trailer wheel path; and a display for displaying the second image and overlaying a first indicator of the curb location and a second indicator of the trailer wheel path over the second image.)
wherein the object includes a curb, and the controller is configured to provide another overlay on the curb. (Alghooneh [0035] It is desirable to vehicle operators to keep vehicles and trailers from being scratched or damaged. One source of damage to vehicles and trailers wheels is damage from curbs and parking blocks primarily caused by contact of the wheel rim with the curb while turning. The exemplary system is configured to perceive curb hazards and estimate a vehicle wheel path 120 with relation to curb and other object hazards that can occur and provide guidance to the driver to help prevent collisions. The exemplary system is configured to perceive curb hazards and estimate a trailer wheel path 125 with relation to curb and other object hazards that can occur and provide guidance to the driver to help prevent collisions during trailering operations. The exemplary system may employ a fusion of vehicle perception sensors, including optical image sensors such as cameras, and range imaging sensors such as ultrasonic sensors, lidar, or short range radar, and other vehicle kinematic and dynamic data along with algorithms to detect, localize, track, and alert curb hazards and other hazardous objects inside the turning radius of the trailer. [0069] Turning now to FIG. 4, an exemplary user interface display for providing driver feedback from trailer path hazard detection system according to an exemplary embodiment of the present disclosure is shown. The first image 400 is indicative of a side view from the tow vehicle where the tow vehicle is beginning to execute a right turn around a corner during a towing operation. The detected curb is highlighted by the system by overlaying a first indicator 405 over the detected curb. A trailer guideline 410 is also overlaid on the user interface image to identify to the driver the projected trailer wheel path. The first indicator 405 and the trailer guideline 410 may be depicted in different colors on the user interface image. In some exemplary embodiments, as the turn progresses and where the projected trailer wheel path is approaching the curb, the color of the trailer guideline may change colors to communicate the increased risk of curb collision to the vehicle operator.)
Sperrle [0011] In one example embodiment of the present invention, the steering angle of the vehicle is additionally acquired. Subsequently, a predicted movement trajectory of the trailer is ascertained at least as a function of the ascertained trailer angle and as a function of the acquired steering angle. [0012] The highlighting advantageously occurs if the detected static object is located in the ascertained predicted movement trajectory of the trailer or if the detected dynamic object is moving into the ascertained predicted movement trajectory. Alternatively or additionally, it may be provided that a collision warning be displayed for a user of the vehicle if the detected object is located in the ascertained predicted movement trajectory of the trailer and/or if the detected dynamic object is moving into the ascertained predicted movement trajectory of the trailer. However Prior art do not teach the overlay including a first boundary provided by curved line indicative of an inside trailer path and a striking area from the first boundary to the trailer; wherein the controller includes a trailer striking area prediction module configured to define a striking area geometry.
Closely related prior art
Examiner notes teaching of U.S. Pub. No. 20140036064 A1 is/are pertinent to the independent claim(s) because [0045-0046] FIG. 5 teach alignment overlay, however is not used because dependent claims are better covered by cited reference.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NASIM N NIRJHAR whose telephone number is (571) 272-3792. The examiner can normally be reached on Monday - Friday, 8 am to 5 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, William F Kraig can be reached on (571) 272-8660. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/NASIM N NIRJHAR/Primary Examiner, Art Unit 2896
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