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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`VOLKSWAGEN GROUP OF AMERICA, INC.,
`Petitioner
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`v.
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`YECHEZKAL EVAN SPERO,
`Patent Owner
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`Case IPR2022-01586
`U.S. Patent No. 11,208,029 B2
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`DECLARATION OF JIANZHONG JIAO, PH.D., IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO.
`11,208,029
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Case IPR2022-01586
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`U.S. Patent No. 11,208,029
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`TABLE OF CONTENTS
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`
`
`INTRODUCTION ......................................................................................... 1
`SUMMARY OF GROUNDS ......................................................................... 2
`SUMMARY OF OPINIONS ......................................................................... 3
`
` QUALIFICATIONS ...................................................................................... 3
` MATERIALS CONSIDERED ....................................................................... 7
` LEGAL STANDARDS ................................................................................10
`A. My Understanding of Claim Construction.......................................... 10
`B.
`A Person of Ordinary Skill in the Art ................................................. 11
`C. My Understanding of Obviousness .................................................... 12
` LEVEL OF ORDINARY SKILL IN THE ART ...........................................16
` OVERVIEW OF THE ’029 PATENT CLAIMS ...........................................17
`A.
`Technology Overview of the Patent Claims ....................................... 17
`B.
`Independent claims 1, 12, and 23 ....................................................... 31
`C.
`Dependent claims ............................................................................... 35
`D.
`Prosecution History Summary ........................................................... 45
`E.
`Claim Construction ............................................................................ 46
` SUMMARY OF THE APPLIED REFERENCES .........................................47
`A. U.S. Patent No. 6,144,158 to Beam .................................................... 47
`B.
`U.S. Patent No. 6,049,749 to Kobayashi ............................................ 50
`C.
`U.S. Patent No. 5,588,733 to Gotou ................................................... 55
`D. WO 1998/054030 to Karlsson ............................................................ 59
` GROUND 1: THE COMBINATION OF BEAM AND KOBAYASHI
`RENDERS OBVIOUS CLAIMS 1-33. .........................................................62
`A.
`Independent claims 1, 12, and 23 ....................................................... 62
`1. A POSA would have been motivated to combine Beam and
`Kobayashi with a reasonable expectation of success. .................. 65
`[1.P]: “A system, for a motor vehicle, comprising:” .................... 76
`2.
`[12.P]: “A non-transitory computer-readable storage medium,
`storing instructions that, when executed by one or more
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`3.
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`Case IPR2022-01586
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`U.S. Patent No. 11,208,029
`processors of a motor vehicle that includes a plurality of
`headlamps that each comprise a plurality of LED light
`sources, enable the one or more processors to:” .......................... 76
`[23.P]: “A computer-implemented method for adapting light
`from headlamps of a motor vehicle to accommodate road
`shape changes, the headlamps including a plurality of LED
`light sources, comprising:”.......................................................... 76
`[1.1]: “a plurality of headlamps, each comprising a
`plurality of LED light sources;” .................................................. 78
`See [12.P]: (“a plurality of headlamps that each comprising a
`plurality of LED light sources,”) ................................................. 78
`See [23.P]: (“the headlamps including a plurality of LED light
`sources,”) .................................................................................... 78
`[1.2]: “one or more processors; and” ........................................... 79
`4.
`See [12.P]: (“one or more processors”) .............................................. 79
`See [23.P]: (“computer-implemented method”) .................................. 79
`5.
`[1.3]: “a memory storing instructions that, when executed
`by one or more of the one or more processors, enable the
`one or more processors to:”......................................................... 81
`See [12.P]: (“storing instructions that, when executed by one or
`more processors”) ....................................................................... 81
`See [23.P]: (“A computer-implemented method”) .............................. 81
`6.
`[1.4]: “receive first data, including at least map data,
`indicating a road curvature upcoming along a road on
`which the motor vehicle is traveling;” ......................................... 83
`[12.4]: “receive first data, including at least map data,
`indicating a road curvature upcoming along a road on
`which the motor vehicle is traveling;” ......................................... 83
`[23.4]: “determining an upcoming shape change of a road,
`ahead of the motor vehicle, based on first data, including
`map data, indicating the shape change;”...................................... 83
`[1.5]: “determine a light change, the change adapting a
`light pattern of the headlamps in at least one of color,
`intensity or spatial distribution to increase light in a
`direction of the road curvature ahead of the motor vehicle
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`7.
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`Case IPR2022-01586
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`U.S. Patent No. 11,208,029
`and shaping light based at least in part on the road
`curvature; and” ........................................................................... 87
`[12.5]: “determine a light change, the change adapting a light
`pattern of the headlamps in at least one of color, intensity
`or spatial distribution to increase light in a direction of the
`road curvature ahead of the motor vehicle and shaping light
`based at least in part on the road curvature; and” ........................ 87
`[23.5]: “determining a light output, the output adapting a light
`pattern of the headlamps in at least one of color, intensity
`or spatial distribution to increase light in a direction
`associated with the shape change ahead of the motor
`vehicle and shaping light based on the shape change; and” ......... 87
`[1.6]: “control at least a first plurality of the LED light
`sources to provide light based at least in part on the
`determined light change and prior to the motor vehicle
`reaching the road curvature.” ...................................................... 91
`[12.6]: “control at least a first plurality of the LED light sources
`to provide light based at least in part on the determined
`light change and prior to the motor vehicle reaching the
`road curvature.” .......................................................................... 91
`[23.6]: “prior to reaching the road shape change, causing at
`least a first plurality of the LED light sources to provide
`light based at least in part on the determined light output.” ......... 91
`Dependent claims ............................................................................... 93
`1.
`[2]: “wherein the determination of the light change
`includes selection of the first plurality of the LED light
`sources.” ..................................................................................... 94
`[13]: “wherein the determination of the light change includes
`selection of the first plurality of the LED light sources.”............. 94
`[24]: “wherein the determining the light includes selecting the
`first plurality of the LED light sources.” ..................................... 94
`[3]: “wherein the instructions include instructions that,
`when executed by the one or more processors, enable the
`one or more processors to reshape light based on the road
`curvature as the motor vehicle travels at least to or through
`the road curvature.”..................................................................... 96
`
`2.
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`8.
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`B.
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`3.
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`Case IPR2022-01586
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`U.S. Patent No. 11,208,029
`[14]: “wherein the instructions include instructions that, when
`executed by the one or more processors, enable the one or
`more processors to reshape light based on the road
`curvature as the motor vehicle travels at least to or through
`the road curvature.”..................................................................... 96
`[25]: “reshaping light based on the shape change as the motor
`vehicle travels at least to or through the shape change.” .............. 96
`[4]: “wherein the reshaping of light further includes control
`to at least one of the first plurality of LED light sources, or
`a second plurality of LED light sources, including at least
`one LED light source different from the LED light sources
`of the first plurality of LED light sources, to provide
`reshaped light.” ........................................................................... 99
`[15]: “wherein the reshaping of light further includes control to
`at least one of the first plurality of LED light sources, or a
`second plurality of LED light sources, including at least
`one LED light source different from the LED light sources
`of the first plurality of LED light sources, to provide
`reshaped light.” ........................................................................... 99
`[26]: “wherein the reshaping light further includes controlling
`at least one of the first plurality of LED light sources, or a
`second plurality of LED light sources, including at least
`one LED light source different from the LED light sources
`of the first plurality of LED light sources, to provide
`reshaped light.” ........................................................................... 99
`[5]: “wherein the increase of light in the direction of the
`road curvature includes at least an increase of light emitted
`at a level below high-beam light and directed in the
`direction of the road curvature.”.................................................102
`[16]: “wherein the increase of light in the direction of the road
`curvature includes at least an increase of light emitted at a
`level below high-beam light and directed in the direction of
`the road curvature.”....................................................................102
`[27]: “wherein the increase of light in the direction associated
`with the shape change includes at least light output that
`increases light emitted at a level below high-beam light and
`directed in the direction associated with shape change.” ............102
`
`4.
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`5.
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`Case IPR2022-01586
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`U.S. Patent No. 11,208,029
`[6.1]: “wherein the instructions include instructions that,
`when executed by the one or more processors, enable the
`one or more processors to:”........................................................106
`[17.1]: “wherein the instructions include instructions that, when
`executed by the one or more processors, enable the one or
`more processors to:” ..................................................................106
`[28.1]: (no corresponding element due to claim 23 not
`positively reciting “processors”) ................................................106
`[6.2]: “determine a second light change, the second change
`adapting the light pattern of the headlamps in at least one
`of color, intensity or spatial distribution to increase light in
`a direction of a second road curvature ahead of the motor
`vehicle, determined based on at least one of the first data or
`second data including at least second map data, and the
`second change shaping light based at least in part on the
`second road curvature; and” .......................................................106
`[17.2]: “determine a second light change, the second change
`adapting the light pattern of the headlamps in at least one
`of color, intensity or spatial distribution to increase light in
`a direction of a second road curvature ahead of the motor
`vehicle, determined based on at least one of the first data or
`second data including at least second map data, and the
`second change shaping light based at least in part on the
`second road curvature; and” .......................................................106
`[28.2]: “determining a second light output, the second output
`adapting the light pattern of the headlamps in at least one
`of color, intensity or spatial distribution to increase light in
`a direction associated with a second shape change ahead of
`the motor vehicle, determined based on at least one of the
`first data or second data including at least second map data,
`and the second output shaping light based at least in part on
`the second shape change; and” ...................................................106
`[6.3]: “control at least a second plurality of the LED light
`sources, having at least one LED light source different
`from the first plurality of LED light sources, to provide
`light based at least in part on the determined second light
`change and prior to the motor vehicle reaching the second
`road curvature.” .........................................................................107
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`Case IPR2022-01586
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`U.S. Patent No. 11,208,029
`[17.3]: “control at least a second plurality of the LED light
`sources, having at least one LED light source different
`from the first plurality of LED light sources, to provide
`light based at least in part on the determined second light
`change and prior to the motor vehicle reaching the second
`road curvature.” .........................................................................107
`[28.3]: “controlling at least a second plurality of the LED light
`sources, having at least one LED light source different
`from the first plurality of LED light sources, to provide
`light based at least in part on the determined second output
`and prior to the motor vehicle reaching the second shape
`change.” .....................................................................................107
`[7.1]: “wherein the increase of light in the direction of the
`road curvature includes at least one of expansion of the
`light pattern in the direction of the road curvature or an
`increase to intensity of light directed in the direction of the
`road curvature; and” ...................................................................113
`[18.1]: “wherein the increase of light in the direction of the road
`curvature includes at least one of expansion of the light
`pattern in the direction of the road curvature or an increase
`to intensity of light directed in the direction of the road
`curvature; and” ..........................................................................113
`[29.1]: “wherein the increase of light in the direction associated
`with the shape change includes at least one of expansion of
`the light pattern in the direction associated with the shape
`change or an increase to intensity of light directed in the
`direction associated with the shape change; and” .......................113
`[7.2]: “wherein the determination of the light change includes
`determination of light changes to individual LEDs of the
`first plurality of LED light sources, at least one of the
`changes including at least one of:” .............................................113
`[18.2]: “wherein the determination of the light change includes
`determination of light changes to individual LEDs of the
`first plurality of LED light sources, at least one of the
`changes including at least one of:” .............................................113
`[29.2]: “wherein the determining the light output includes
`determining output for individual LEDs of the first
`plurality of LED light sources, the output including
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`U.S. Patent No. 11,208,029
`providing light directed in the direction associated with the
`shape change from an LED not providing light directed in
`the direction associated with the shape change prior to the
`change.” .....................................................................................113
`[7.3]: “a variation to at least one of intensity or color of
`individual LEDs of the first plurality of LED light sources,
`or” ..............................................................................................113
`[18.3]: “a variation to at least one of intensity or color of
`individual LEDs of the first plurality of LED light sources,
`or” ..............................................................................................114
`See [29.2] (no corresponding element
`in claim 29, no
`mentioning intensity or color of individual LEDs) .....................114
`[7.4]: “providing light directed in the direction of the road
`curvature from an LED not providing light directed in the
`direction of the road curvature prior to the change.” ..................114
`[18.4]: “providing light directed in the direction of the road
`curvature from an LED not providing light directed in the
`direction of the road curvature prior to the change.” ..................114
`See [29.2] (“providing light directed in the direction associated
`with the shape change from an LED not providing light
`directed in the direction associated with the shape change
`prior to the change.”) .................................................................114
`[8.1]: “further comprising one or more cameras positioned
`to capture data indicating at least one other vehicle ahead
`of the motor vehicle;” ................................................................120
`See [19.2] (“captured by at least one camera of the motor
`vehicle”) ....................................................................................120
`See [30.2] (“captured by at least one camera of the motor
`vehicle”) ....................................................................................120
`[8.2]: “wherein the instructions include instructions that, when
`executed by the one or more processors, enable the one or
`more processors to:” ..................................................................121
`[19.1]: “wherein the instructions include instructions that, when
`executed by the one or more processors, enable the one or
`more processors to:”
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`121
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`7.
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`U.S. Patent No. 11,208,029
`[30.1]: (no corresponding element due to claim 23 not expressly
`reciting processor(s), in claim 23: a computer-implemented
`method)
`121
`[8.3]: “determine a position associated with the at least one other
`vehicle based at least in part on second data captured by at
`least one of the one or more cameras; and”
`121
`[19.2]: “determine a position associated with at least one other
`vehicle based at least in part on second data indicating the at
`least one other vehicle and captured by at least one camera
`of the motor vehicle; and”
`121
`[30.2]: “determining a position associated with at least one other
`vehicle based at least in part on second data indicating the at
`least one other vehicle and captured by at least one camera
`of the motor vehicle; and”
`121
`[8.4]: “control, based at least in part on the position, a second
`plurality of LED light sources providing light directed
`towards an area including at least a portion of the other
`vehicle to diminish glare to a driver of the other vehicle by a
`decrease to intensity of light directed towards and
`illuminating the area, the light that is directed towards and
`illuminating the area having lower intensity compared to
`light directed towards points laterally adjacent the area to
`either side.”
`[19.3]: “control, based at least in part on the position, a second
`plurality of LED light sources providing light directed
`towards an area including at least a portion of the other
`vehicle to diminish glare to a driver of the other vehicle by a
`decrease to intensity of light directed towards and
`illuminating the area, the light that is directed towards and
`illuminating the area having lower intensity compared to
`light directed towards points laterally adjacent the area to
`either side.”
`[30.3]: “controlling, based at least in part on the position, a
`second plurality of LED light sources providing light
`directed towards an area including at least a portion of the
`other vehicle to diminish glare to a driver of the other
`vehicle by decreasing intensity of light directed towards and
`illuminating the area, the light directed towards and
`
`121
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`121
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`U.S. Patent No. 11,208,029
`illuminating the area having lower intensity compared to
`light directed towards points laterally adjacent the area to
`122
`either side.”
`[9.1]/[20.1]/[31.1]: “wherein:” ...................................................126
`8.
`[9.2]/[20.2]/[31.2]: “the first plurality and second plurality of
`LED light sources include at least one common LED light
`source;” ......................................................................................126
`[9.3]/[20.3]: “the control of the second plurality of LED light
`sources is based at least in part on third data received from
`a non-camera sensor of the motor vehicle;” ...............................126
`[31.3]: “the controlling the second plurality of LED light
`sources is based at least in part on third data received from
`a non-camera sensor of the motor vehicle;” ...............................126
`[9.4]/[20.4]/[31.4]: “the position includes at least one of: .................126
`a distance associated with the at least one other vehicle, ...................126
`at least one elevation associated with the at least one other
`vehicle, or ..................................................................................126
`a position within image data captured by at least one of the
`cameras;” ...................................................................................126
`[9.5]/[20.5]/[31.5]: “the first data includes data from a non-
`camera sensor of the motor vehicle;” .........................................126
`[9.6]/[20.6]: “either one of the control of the first plurality of
`LED light sources or control of the second plurality of
`LED light sources is subsequent to and accommodative of
`the other;” ..................................................................................126
`[31.6]: “either one of the determining the light output or
`controlling the second plurality of LED light sources is
`subsequent to and accommodative of the other;” .......................126
`[9.7]/[20.7]: “the control of the second plurality of LED light
`sources additionally includes termination of light from at
`least one LED providing light directed to the area prior to
`the termination; and” .................................................................126
`[31.7]: “the controlling the second plurality of LED light
`sources additionally includes terminating light from at least
`one LED providing light directed to the area prior to the
`terminating; and” .......................................................................127
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`Case IPR2022-01586
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`U.S. Patent No. 11,208,029
`[9.8]/[20.8]/[31.8]: “the light pattern includes at least one of an
`illumination pattern or an emission pattern of
`the
`headlamps.” ...............................................................................127
`[10]: “further including one or more optical control
`elements for controlling light from one or more of the LED
`light sources.” ............................................................................133
`[21]: “wherein the instructions include instructions that, when
`executed by the one or more processors, enable the one or
`more processors to utilize one or more optical control
`elements included in the motor vehicle to control light from
`at least the first plurality or second plurality of the LED
`light sources.” ............................................................................133
`[32]: “utilizing one or more optical control elements included in
`the motor vehicle to control light from at least the first
`plurality or second plurality of the LED light sources.” .............133
`10. [11]/[22]/[33]: “wherein
`the optical control elements
`include at least one of one or more reflectors, refractors or
`lenses.” ......................................................................................134
` GROUND 2: THE COMBINATION OF GOTOU AND KARLSSON
`RENDERS OBVIOUS CLAIMS 1-33. ....................................................... 135
`A.
`Independent claims 1, 12, and 23 ......................................................136
`1. A POSA would have been motivated to combine Gotou
`and Karlsson with a reasonable expectation of success. .............136
`[1.P]: “A system, for a motor vehicle, comprising:” ...................152
`2.
`[12.P]: “A non-transitory computer-readable storage medium,
`storing instructions that, when executed by one or more
`processors of a motor vehicle that includes a plurality of
`headlamps that each comprise a plurality of LED light
`sources, enable the one or more processors to:” .........................152
`[23.P]: “A computer-implemented method for adapting light
`from headlamps of a motor vehicle to accommodate road
`shape changes, the headlamps including a plurality of LED
`light sources, comprising:”.........................................................152
`[1.1]: “a plurality of headlamps, each comprising a
`plurality of LED light sources;” .................................................154
`
`3.
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`Case IPR2022-01586
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`U.S. Patent No. 11,208,029
`See [12.P]: (“a plurality of headlamps that each comprising a
`plurality of LED light sources,”) ................................................154
`See [23.P]: (“the headlamps including a plurality of LED light
`sources,”) ...................................................................................154
`[1.2]: “one or more processors; and” ..........................................158
`4.
`See [12.P]: (“one or more processors”) .............................................158
`See [23.P]: (“computer-implemented method”) .................................158
`5.
`[1.3]: “a memory storing instructions that, when executed
`by one or more of the one or more processors, enable the
`one or more processors to:”........................................................162
`See [12.P]: (“storing instructions that, when executed by one or
`more processors”) ......................................................................162
`See [23.P]: (“A computer-implemented method”) .............................162
`6.
`[1.4]: “receive first data, including at least map data,
`indicating a road curvature upcoming along a road on
`which the motor vehicle is traveling;” ........................................164
`[12.4]: “receive first data, including at least map data,
`indicating a road curvature upcoming along a road on
`which the motor vehicle is traveling;” ........................................164
`[23.4]: “determining an upcoming shape change of a road,
`ahead of the motor vehicle, based on first data, including
`map data, indicating the shape change;”.....................................164
`[1.5]: “determine a light change, the change adapting a
`light pattern of the headlamps in at least one of color,
`intensity or spatial distribution to increase light in a
`direction of the road curvature ahead of the motor vehicle
`and shaping light based at least in part on the road
`curvature; and” ..........................................................................167
`[12.5]: “determine a light change, the change adapting a light
`pattern of the headlamps in at least one of color, intensity
`or spatial distribution to increase light in a direction of the
`road curvature ahead of the motor vehicle and shaping light
`based at least in part on the road curvature; and” .......................167
`[23.5]: “determining a light output, the output adapting a light
`pattern of the headlamps in at least one of color, intensity
`or spatial distribution to increase light in a direction
`
`7.
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`B.
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`8.
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`Case IPR2022-01586
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`U.S. Patent No. 11,208,029
`associated with the shape change ahead of the motor
`vehicle and shaping light based on the shape change; and” ........167
`[1.6]: “control at least a first plurality of the LED light
`sources to provide light based at least in part on the
`determined light change and prior to the motor vehicle
`reaching the road curvature.” .....................................................173
`[12.6]: “control at least a first plurality of the LED light sources
`to provide light based at least in part on the determined
`light change and prior to the motor vehicle reaching the
`road curvature.” .........................................................................173
`[23.6]: “prior to reaching the road shape change, causing at
`least a first plurality of the LED light sources to provide
`light based at least in part on the determined light output.” ........173
`Dependent claims ..............................................................................174
`[2]: “wherein the determination of the light change
`
`includes selection of the first plurality of the LED light
`sources.” ....................................................................................174
`[13]: “wherein the determination of the light change includes
`selection of the first plurality of the LED light sources.”............174
`[24]: “wherein the determining the light includes selecting the
`first plurality of the LED light sources.” ....................................174
`[3]: “wherein the instructions include instructions that,
`when executed by the one or more processors, enable the
`one or more processors to reshape light based on the road
`curvature as the motor vehicle travels at least to or through
`the road curvature.”....................................................................176
`[14]: “wherein the instructions include instructions that, when
`executed by the one or more processors, enable the one or
`more processors to reshape light based on the road
`curvature as the motor vehicle travels at least to or through
`the road curvature.”....................................................................176
`[25]: “reshaping light based on the shape change as the motor
`vehicle travels at least to or through the shape change.” .............176
`[4]: “wherein the reshaping of light further includes control
`to at least one of the first plurality of LED light sources, or
`a second plurality of LED light sources, including at least
`
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`Case IPR2022-01586
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`U.S. Patent No. 11,208,029
`one LED light source different from the LED light sources
`of the first plurality of LED light sources, to provide
`reshaped light.” ..........................................................................179
`[15]: “wherein the reshaping of light further includes control to
`at least one of the first plurality of LED light sources, or a
`second plurality of LED light sources, including at least
`one LED light source different from the LED light sources
`of the first plurality of LED light sources, to provide
`reshaped light.” ..........................................................................179
`[26]: “wherein the reshaping light further includes controlling
`at least one of the first plurality of LED light sources, or a
`second plurality of LED light sources, including at least
`one LED light source different from the LED light sources
`of the first plurality of LED light sources, to provide
`reshaped light.” ..........................................................................179
`[5]: “wherein the increase of light in the direction of the
`road curvature includes at least an increase of light emitted
`at a level below high-beam light and directed in the
`direction of the road curvature.”.................................................182
`[16]:
`“wherein the increase of light in the direction of the
`road curvature includes at least an increase of light emitted
`at a level below high-beam light and directed in the
`direction of the road curvature.”.................................................182
`[27]: “wherein the increase of light in the direction associated
`with the shape change includes at least light output that
`increases light emitted at a level below high-beam light and
`directed