DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 7 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 7 recites, “a computer program and/or a computer-readable medium.” However, it appears that such would reasonably be interpreted by one of ordinary skill in the art as either software or a signal, per se.
“A computer program” would reasonably be interpreted by one of ordinary skill in the art as software. This subject matter is not limited to that which falls within a statutory category of invention because it is not limited to a process, machine, manufacture, or a composition of matter. Software does not fall within a statutory category since it is clearly not a series of steps or acts to constitute a process, not a mechanical device or combination of mechanical devices to constitute a machine, not a tangible physical article or object which is some form of matter to be a product and constitute a manufacture, and not a composition of two or more substances to constitute a composition of matter.
“A computer-readable storage medium” would reasonably be interpreted by one of ordinary skill in the art as a signal per se. Transitory signals, in the state of the art, are commonplace as a medium for transmitting computer instruction and thus, in the absence of any evidence to the contrary and give the broadest reasonable interpretation, the scope of a "computer readable medium" covers a signal per se."
A “magnetic, optical, electromagnetic, infrared, … or propagation medium” is neither a process nor a product, (i.e., a tangible “thing”) and therefore does not fall within one of the four statutory classes of § 101. Rather, a “magnetic, optical, electromagnetic, infrared, … or propagation medium” is a form of energy, in the absence of any physical structure or tangible material.
Examiner suggests amending the claim to recite the “computer-readable medium” as “non-transitory computer-readable medium” to include tangible computer readable media, while at the same time excluding the intangible media such as signals, carrier waves, etc. Any amendment to the claim should be commensurate with its corresponding disclosure.
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.
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hongo (US 2008/0044061 A1 – hereinafter Hongo).
Regarding claim 1, Hongo discloses a method for monitoring at least one of a rear space and a lateral space for a multiple-unit vehicle combination including a trailer and a tractor vehicle (Figs. 5-6; [0067] – a method for monitoring a rear space by camera 26, as shown in Fig. 27 and described at least in [0128]-[0129], and a lateral space, including regions 31, 32 or 33, 34, by cameras 2L and 2R as shown in Fig. 11 or as a reverse of Fig. 26, for a multi-unit vehicle combination including a trailer and a tractor vehicle, i.e. a trailer 22 and a tractor 21), the trailer having a camera arranged in a front space of the trailer for monitoring at least one of the rear space and the lateral space of the trailer (Figs. 5-6 – trailer 22 having cameras 2L and 2R arranged in a front space of the trailer for monitoring at least the lateral space of the trailer) and the tractor vehicle having a mirror replacement system ([0066]; [0082] – the tractor vehicle 21 having a mirror replacement system including a system with for display mirror replacement images on display device 26 as further in at least Figs. 11, 26-27), the method comprising: capturing recognizability information relating to a recognizability of at least one of the trailer, the rear space, and the lateral space ([0079]-[0082]; [0128] – capturing recognizability information relating a recognizability of the trailer and the lateral space as shown in Figs. 25A-25B and the rear space as shown in Fig. 27); determining display information on a basis of the recognizability information (Figs. 25A-25B, 26-27 – determining display information on a basis of the recognizability information including movement data concerning an articulation angle as further described in at least Fig. 7 and [0072] and [0119]-[0120]); and, outputting a control signal for outputting image data from the camera to an output device based on the display information (Figs. 26-27 – outputting a control signal to display image data as reversing the generated display information to display device 26).
Regarding claim 2, Hongo also discloses the method of claim 1, wherein the recognizability information includes at least one of movement data concerning an articulation angle and a movement of the tractor vehicle for determining the articulation angle (Fig. 7; [0072]; [0119]-[0120] - the recognizability information including movement data concerning an articulation angle).
Regarding claim 3, Hongo also discloses the method of claim 2, wherein the display information is determined depending on a predetermined condition relating to the articulation angle (Figs. 25A-25B, 26 – the display information is determined depending on the value of the articulation angle as further described in at least Fig. 7 and [0072] and [0119]-[0120]).
Regarding claim 4, Hongo also discloses the method of claim 1, wherein the recognizability information includes mirror replacement image data captured by the mirror replacement system (Figs. 26-27 – the recognizability information including mirror replacement image data captured by the mirror replacement system for display to a driver as a reversed image of those shown in Figs. 26-27).
Regarding claim 5, Hongo also discloses the display information is determined depending on whether a front end face of the trailer and/or which end face section of the front end face is depicted in the mirror replacement image data (Figs. 25A-25B, 26 – depending on which side of the front end face is depicted).
Regarding claim 6, Hongo also discloses the multiple-unit vehicle combination is a multiple-unit utility vehicle combination (Figs. 5-6).
Claim 7 is rejected for the same reason as discussed in claim 1 above in view of Hongo also disclosing a computer program and/or a computer-readable medium, comprising instructions which, during execution of the program or the instructions by a computer, cause the computer to carry out the method of claim 1 ([0137]-[0138]).
Claim 8 is rejected for the same reason as discussed in claim 1 above in view of Hongo also disclosing a control device for a multiple-unit vehicle combination including a tractor vehicle having a mirror replacement system and a trailer with a camera arranged in a front space of the trailer for monitoring at least one of a rear space and a lateral space (see discussion of claim 1 above), the control device comprising: a processor ([0138] – a processor of a computer); a non-transitory computer readable medium having program code stored thereon ([0137]-[0138] – a computer having at least a processor and memory for storing and executing software program); said program code being configured, when executed by said processor, to perform the recited operations (see discussion of claim 1 above).
Regarding claim 9, Hongo also discloses the control device of claim 8, wherein the control device is a control device of the tractor vehicle ([0066]; [0082] – the control device is a control device of the tractor vehicle 21).
Claim 10 is rejected for the same reason as discussed in claim 6 above.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 11-15 and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hongo and Wu et al. (US 2012/0218411 A1 – hereinafter Wu).
Regarding claim 11, Hongo also discloses a trailer for a multiple-unit vehicle combination including the trailer and a tractor vehicle (Figs. 5-6 – a trailer 22 for a multiple-unit vehicle combination including the trailer and a tractor vehicle 21), the trailer comprising: a camera arranged in a front space of the trailer for monitoring at least one of a rear space and a lateral space of the trailer (Figs. 5-6 – either camera 2L or 2R arranged in a front space of the trailer for monitoring at least a rear space and a lateral space of the trailer as shown in Figs. 26-27); a data processing device for transmitting image data to the tractor vehicle (Fig. 1; [0066] – a data processing device of the camera for transmitting image data to the tractor vehicle for display on a display device 26).
However, Hongo does not explicitly disclose said data processing device being configured to receive a control signal from the tractor vehicle for the output of the image data from said camera to an output device.
Wu discloses a data processing device being configured to receive a control signal from a tractor vehicle for output of image data from a camera to an output device (Fig. 2; [0077]-[0078] – main controller 4 receives a control signal from a data processor 5 of a tractor vehicle for output of image data from a camera to an output device).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Wu into the data processing device of the trailer taught by Hongo to effectively control the operation of the camera.
Regarding claim 12, Hongo discloses a tractor vehicle for a multiple-unit vehicle combination including a trailer and the tractor vehicle (Figs. 5-6 – a tractor 21 for a multiple-unit vehicle combination including the trailer 22 and the tractor vehicle 21), the trailer having a camera arranged in a front space of the trailer for monitoring at least one of a rear space and a lateral space of the trailer (Figs. 5-6 – either camera 2L or 2R arranged in a front space of the trailer for monitoring at least a rear space and a lateral space of the trailer as shown in Figs. 26-27), the trailer further having a data processing device for transmitting image data to the tractor vehicle (Fig. 1; [0066] – a data processing device of the camera for transmitting image data to the tractor vehicle for display on a display device 26), the tractor vehicle comprising: a mirror replacement system including said output device ([0066]; [0082] – the tractor vehicle 21 having a mirror replacement system including a display device 26 as further in at least Figs. 11, 26-27); a control device including a processor ([0138] – a processor of a computer) and a non-transitory computer readable medium having program code stored thereon ([0137]-[0138] – a computer having at least a processor and memory for storing and executing software program); said program code being configured, when executed by said processor, to: capture recognizability information relating to a recognizability of at least one of the trailer, the rear space, and the lateral space ([0079]-[0082]; [0128] – capturing recognizability information relating a recognizability of the trailer and the lateral space as shown in Figs. 25A-25B and the rear space as shown in Fig. 27); determine display information on a basis of the recognizability information (Figs. 25A-25B, 26-27 – determining display information on a basis of the recognizability information including movement data concerning an articulation angle as further described in at least Fig. 7 and [0072] and [0119]-[0120]); and, output the control signal for outputting the image data from the camera to the output device based on the display information (Figs. 26-27 – outputting a control signal to display image data as reversing the generated display information to display device 26).
However, Hongo does not explicitly disclose said data processing device being configured to receive a control signal from the tractor vehicle for the output of the image data from said camera to an output device.
Wu discloses a data processing device being configured to receive a control signal from a tractor vehicle for output of image data from a camera to an output device (Fig. 2; [0077]-[0078] – main controller 4 receives a control signal from a data processor 5 of a tractor vehicle for output of image data from a camera to an output device).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Wu into the data processing device of the trailer taught by Hongo to effectively control the operation of the camera.
Regarding claim 13, Hongo in view of Wu also discloses the tractor vehicle of claim 12, wherein said mirror replacement system has a mirror replacement output device (Fig. 23 – said mirror replacement system has video signal output part 5 as a mirror replacement output device); and, said output device is different from said mirror replacement output device (Fig. 23 – said output device 6 is different from said mirror replacement output device 5).
Regarding claim 14, Hongo in view of Wu also discloses the tractor vehicle of claim 12, wherein said mirror replacement system has a mirror replacement output device (Fig. 23 – said mirror replacement system has video signal output part 5 as a mirror replacement output device, or has display device 6 as a mirror replacement output device); and, said output device includes said mirror replacement output device (Fig. 23 – said output device comprising display device 6 and said mirror replacement output device 5, or the output device comprising display device 6 thus including the mirror replacement output device).
Regarding claim 15, Hongo in view of Wu also discloses the vehicle of claim 12, wherein said output device is configured to simultaneously output the image data from the camera and from a reversing camera (Fig. 27; [0129] – an image reversed from that shown in Fig. 27 is outputted, in which image data from the camera and from a rear camera 26 are simultaneously outputted by the output device).
Regarding claim 17, Hongo discloses a multiple-unit vehicle combination (Figs. 5-6 – a multiple unit vehicle combination comprising a tractor 21 and a trailer 22) comprising: a trailer having a camera arranged in a front space of the trailer for monitoring at least one of a rear space and a lateral space of said trailer (Figs. 5-6 – either camera 2L or 2R arranged in a front space of the trailer for monitoring at least a rear space and a lateral space of the trailer as shown in Figs. 26-27); a tractor vehicle having a mirror replacement system including an output device ([0066]; [0082] – the tractor vehicle 21 having a mirror replacement system including a display device 26 as further in at least Figs. 11, 26-27); said trailer further having a data processing device for transmitting image data to said tractor vehicle (Fig. 1; [0066] – a data processing device of the camera for transmitting image data to the tractor vehicle for display on a display device 26); said tractor vehicle further having a control device including a processor ([0138] – a processor of a computer) and a non-transitory computer readable medium having program code stored thereon ([0137]-[0138] – a computer having at least a processor and memory for storing and executing software program); said program code being configured, when executed by said processor, to: capture recognizability information relating to a recognizability of at least one of the trailer, the rear space, and the lateral space ([0079]-[0082]; [0128] – capturing recognizability information relating a recognizability of the trailer and the lateral space as shown in Figs. 25A-25B and the rear space as shown in Fig. 27); determine display information on a basis of the recognizability information (Figs. 25A-25B, 26-27 – determining display information on a basis of the recognizability information including movement data concerning an articulation angle as further described in at least Fig. 7 and [0072] and [0119]-[0120]); and, output the control signal for outputting the image data from the camera to said output device based on the display information (Figs. 26-27 – outputting a control signal to display image data as reversing the generated display information to display device 26).
However, Hongo does not explicitly disclose said data processing device being configured to receive a control signal from said tractor vehicle for the output of the image data from said camera to said output device.
Wu discloses a data processing device being configured to receive a control signal from a tractor vehicle for output of image data from a camera to an output device (Fig. 2; [0077]-[0078] – main controller 4 receives a control signal from a data processor 5 of a tractor vehicle for output of image data from a camera to an output device).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Wu into the data processing device of the trailer in the multiple-unit vehicle combination taught by Hongo to effectively control the operation of the camera.
Regarding claim 18, Hongo in view of Wu also discloses the multiple-unit vehicle combination of claim 17 further comprising a communication interface for the transmission of information between said control device of said tractor vehicle and said data processing device of said trailer (Figs. 1, 23; [0082]; [0138] – there must be at least a communication interface between the control device of the tractor, i.e. a processor of the computer implementing the method on the side of the tractor for transmission of images between the processor of the computer with a data processing device of the camera).
Regarding claim 19, Hongo in view Wu also discloses the multiple-unit vehicle combination of claim 17, wherein the multiple-unit vehicle combination is a multiple-unit utility vehicle combination (Figs. 5-6).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Hongo and Wu as applied to claims 11-15 and 17-19 above, and further in view of Gali et al. (US 2021/0094473 A1 – hereinafter Gali).
Regarding claim 16, see the teachings of Hongo and Wu as discussed in claim 12 above. However, Hongo and Wu do not disclose said control device is configured to perform blending of the image data from said camera and of mirror replacement image data.
Gali discloses a control device is configured to perform blending of image data from a camera and of mirror replacement image data ([0050] – a control to perform blending of image data captured from a camera 24, as shown in Fig. 3, and of mirror replacement image data captured by cameras, i.e. driver-side side camera and 20 and passenger-side side camera 22, to form a seamless panoramic view).
One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to incorporate the teachings of Gali into the control device taught by Hongo in view Wu to provide the driver with a complete view image, making it easier for the driver to monitor the surrounding environment of the vehicle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG Q DANG whose telephone number is (571)270-1116. The examiner can normally be reached IFT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thai Q Tran can be reached at 571-272-7382. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUNG Q DANG/Primary Examiner, Art Unit 2484
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