UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Mercedes-Benz USA, LLC,
`Petitioner,
`
`v.
`
`Yechezkal Evan Spero,
`Patent Owner.
`
`Case [To be assigned]
`Patent 11,208,029
`
`DECLARATION OF DR. NIKOLAOS PAPANIKOLOPOULOS
`IN SUPPORT OF MERCEDES’ PETITION FOR INTER PARTES REVIEW
`OF CLAIMS 1-33 OF U.S. PATENT NO. 11,208,029
`
`Filed on behalf of Petitioner:
`Celine Jimenez Crowson (Reg. No. 40,357)
`Joseph J. Raffetto (Reg. No. 66,218)
`Scott Hughes (Reg. No. 68,385)
`Ryan Stephenson (Reg. No. 76,608)
`HOGAN LOVELLS US LLP
`555 13th Street N.W.
`Washington, D.C. 20004
`Telephone: 202.637.5600
`Facsimile: 202.637.5710
`
`Mercedes EX1036
`U.S. Patent No. 11,208,029
`
`

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`
`
`Table of Contents
`
`Page
`I.
`INTRODUCTION .............................................................................................. 1
`II.
`SUMMARY OF GROUNDS ............................................................................. 2
`III. SUMMARY OF OPINIONS.............................................................................. 3
`IV. QUALIFICATIONS ........................................................................................... 3
`V. MATERIALS CONSIDERED ......................................................................... 12
`VI. LEGAL STANDARDS .................................................................................... 15
`A. My Understanding of Claim Construction ............................................. 15
`B.
`A Person of Ordinary Skill in the Art .................................................... 16
`C. My Understanding of Obviousness ........................................................ 17
`VII. LEVEL OF ORDINARY SKILL IN THE ART .............................................. 21
`VIII. OVERVIEW OF THE ’029 PATENT CLAIMS ............................................. 22
`A.
`Technology Overview of the Patent Claims .......................................... 22
`B.
`Independent claims 1, 12, and 23 ........................................................... 36
`C. Dependent claims ................................................................................... 40
`D.
`Prosecution History Summary ............................................................... 52
`E.
`Claim Construction ................................................................................ 53
`IX. SUMMARY OF THE APPLIED REFERENCES ........................................... 54
`A. U.S. Patent No. 6,144,158 to Beam ....................................................... 54
`B.
`U.S. Patent No. 6,049,749 to Kobayashi ............................................... 57
`C. U.S. Patent No. 5,588,733 to Gotou ...................................................... 62
`D. WO 1998/054030 to Karlsson................................................................ 66
`X. GROUND 1: THE COMBINATION OF BEAM AND KOBAYASHI
`RENDERS OBVIOUS CLAIMS 1-33. ........................................................... 69
`A.
`Independent claims 1, 12, and 23 ........................................................... 69
`1.
`A POSA would have been motivated to combine Beam and
`Kobayashi with a reasonable expectation of success. ................. 72
`[1.P]: “A system, for a motor vehicle, comprising:” ................... 83
`[12.P]: “A non-transitory computer-readable storage medium,
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`2.
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`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:” ............... 83
`[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:” ........................................................ 83
`[1.1]: “a plurality of headlamps, each comprising a plurality of
`LED light sources;” ..................................................................... 85
`See [12.P]: (“a plurality of headlamps that each comprising a
`plurality of LED light sources,”) ....................................... 85
`See [23.P]: (“the headlamps including a plurality of LED light
`sources,”) ........................................................................... 85
`[1.2]: “one or more processors; and” ........................................... 86
`See [12.P]: (“one or more processors”) ....................................... 86
`See [23.P]: (“computer-implemented method”) .......................... 86
`[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:”.............................................................................. 88
`See [12.P]: (“storing instructions that, when executed by one or
`more processors”) .............................................................. 88
`See [23.P]: (“A computer-implemented method”) ...................... 88
`[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;” ................................................................................. 90
`[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;” .......................................................... 90
`[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;” ................................... 90
`[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
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`3.
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`4.
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`5.
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`6.
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`7.
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`B.
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`8.
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`curvature ahead of the motor vehicle and shaping light based at
`least in part on the road curvature; and” ...................................... 94
`[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” ............. 94
`[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”
` ........................................................................................... 95
`[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.” ...... 99
`[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.” ......................................................................... 99
`[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.” ...... 99
`Dependent claims ................................................................................. 101
`1.
`[2]: “wherein the determination of the light change includes
`selection of the first plurality of the LED light sources.”.......... 102
`[13]: “wherein the determination of the light change includes
`selection of the first plurality of the LED light sources.” 102
`[24]: “wherein the determining the light includes selecting the
`first plurality of the LED light sources.” ......................... 102
`[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.”
` .................................................................................................... 103
`[14]: “wherein the instructions include instructions that, when
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`2.
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`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.” ......................................................... 103
`[25]: “reshaping light based on the shape change as the motor
`vehicle travels at least to or through the shape change.” 103
`[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.” ..................... 106
`[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.” ................................................................ 106
`[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.” ................................................................ 106
`[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.” .................................................................................. 109
`[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.” ......................................................... 109
`[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.”
` ......................................................................................... 109
`[6.1]: “wherein the instructions include instructions that, when
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`4.
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`5.
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`executed by the one or more processors, enable the one or more
`processors to:”............................................................................ 112
`[17.1] “wherein the instructions include instructions that, when
`executed by the one or more processors, enable the one or
`more processors to:” ........................................................ 112
`[28.1] (no corresponding element due to claim 23 not positively
`reciting “processors”) ...................................................... 112
`[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” ............................................ 112
`[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” ............................................ 112
`[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” ........................................ 112
`[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.” ....................................................................... 112
`[17.3] “control at least a second plurality of the LED light
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`6.
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`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.” ............................................................... 113
`[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.” ........................................................................... 113
`[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” ........ 118
`[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” ................................................................ 118
`[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” ........... 119
`[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:” .................................. 119
`[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:” .................................. 119
`[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
`providing light directed in the direction associated with the
`shape change from an LED not providing light directed in
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`the direction associated with the shape change prior to the
`change.” ........................................................................... 119
`[7.3] “a variation to at least one of intensity or color of individual
`LEDs of the first plurality of LED light sources, or” ...... 119
`[18.3]: “a variation to at least one of intensity or color of
`individual LEDs of the first plurality of LED light sources,
`or” .................................................................................... 119
`See [29.2] (no corresponding element in claim 29, no mentioning
`intensity or color of individual LEDs) ............................ 119
`[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.” ...... 119
`[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.” ...... 119
`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.”) ....................................................... 120
`[8.1]: “further comprising one or more cameras positioned to
`capture data indicating at least one other vehicle ahead of the
`motor vehicle;” .......................................................................... 126
`See [19.2] (“captured by at least one camera of the motor
`vehicle”) .......................................................................... 126
`See [30.2] (“captured by at least one camera of the motor
`vehicle”) .......................................................................... 126
`[8.2] “wherein the instructions include instructions that, when
`executed by the one or more processors, enable the one or
`more processors to:” ........................................................ 126
`[19.1] “wherein the instructions include instructions that, when
`executed by the one or more processors, enable the one or
`more processors to:” ........................................................ 126
`[30.1] (no corresponding element due to claim 23 not expressly
`reciting processor(s), in claim 23: a computer-implemented
`method) ............................................................................ 126
`[8.3] “determine a position associated with the at least one other
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`vehicle based at least in part on second data captured by at
`least one of the one or more cameras; and” .................... 126
`[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” .................................. 126
`[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” .................................. 127
`[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.” ...................................................................... 127
`[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.” ...................................................................... 127
`[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
`illuminating the area having lower intensity compared to
`light directed towards points laterally adjacent the area to
`either side.” ...................................................................... 127
`[9.[1] 20.1]/[31.1]: “wherein:”................................................... 130
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`[9.2]/[20.2]/[31.2]: “the first plurality and second plurality of
`LED light sources include at least one common LED light
`source;” ............................................................................ 130
`[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;” .................... 130
`[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;” .............................. 130
`[9.4]/[20.4]/[31.4]: “the position includes at least one of: ........ 130
`a distance associated with the at least one other vehicle, .......... 130
`at least one elevation associated with the at least one other
`vehicle, or ........................................................................ 130
`a position within image data captured by at least one of the
`cameras;” ......................................................................... 130
`[9.5]/[20.5]/[31.5]: “the first data includes data from a noncamera
`sensor of the motor vehicle;” .......................................... 130
`[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;”
` ......................................................................................... 131
`[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;” ........... 131
`[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” ....................................................... 131
`[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” ............................................................. 131
`[9.8]/[20.8]/[31.8]: “the light pattern includes at least one of an
`illumination pattern or an emission pattern of the
`headlamps.” ..................................................................... 131
`[10]: “further including one or more optical control elements for
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`10.
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`2.
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`controlling light from one or more of the LED light sources.” . 137
`[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.” .................................................................. 137
`[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.” . 137
`[11]/[22]/[33]: “wherein the optical control elements include at
`least one of one or more reflectors, refractors or lenses.” ......... 138
`XI. GROUND 2: THE COMBINATION OF GOTOU AND KARLSSON
`RENDERS OBVIOUS CLAIMS 1-33. ......................................................... 139
`A.
`Independent claims 1, 12, and 23 ......................................................... 139
`1.
`A POSA would have been motivated to combine Gotou and
`Karlsson with a reasonable expectation of success. .................. 139
`[1.P]: “A system, for a motor vehicle, comprising:” ................. 156
`[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:” ............. 156
`[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:” ...................................................... 156
`[1.1]: “a plurality of headlamps, each comprising a plurality of
`LED light sources;” ................................................................... 158
`See [12.P]: (“a plurality of headlamps that each comprising a
`plurality of LED light sources,”) ..................................... 158
`See [23.P]: (“the headlamps including a plurality of LED light
`sources,”) ......................................................................... 158
`[1.2]: “one or more processors; and” ......................................... 162
`See [12.P]: (“one or more processors”) ..................................... 162
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`3.
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`4.
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`5.
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`6.
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`7.
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`8.
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`See [23.P]: (“computer-implemented method”) ........................ 162
`[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:”............................................................................ 165
`See [12.P]: (“storing instructions that, when executed by one or
`more processors”) ............................................................ 166
`See [23.P]: (“A computer-implemented method”) .................... 166
`[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;” ............................................................................... 167
`[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;” ........................................................ 167
`[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;” ................................. 168
`[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” .................................... 170
`[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” ........... 170
`[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”
` ......................................................................................... 170
`[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.” .... 175
`[12.6]: “control at least a first plurality of the LED light sources
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`B.
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`2.
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`to provide light based at least in part on the determined
`light change and prior to the motor vehicle reaching the
`road curvature.” ............................................................... 175
`[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.” .... 176
`Dependent claims ................................................................................. 177
`1.
`[2]: “wherein the determination of the light change includes
`selection of the first plurality of the LED light sources.”.......... 177
`[13]: “wherein the determination of the light change includes
`selection of the first plurality of the LED light sources.” 177
`[24]: “wherein the determining the light includes selecting the
`first plurality of the LED light sources.” ......................... 177
`[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.”
` .................................................................................................... 178
`[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.” ......................................................... 178
`[25]: “reshaping light based on the shape change as the motor
`vehicle travels at least to or through the shape change.” 178
`[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.” ..................... 180
`[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.” ................................................................ 180
`
`3.
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`4.
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`[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.” ................................................................ 181
`[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.” .................................................................................. 183
`[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.” ......................................................... 183
`[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.”
` ......................................................................................... 183
`[6.1]: “wherein the instructions include instructions that, when
`executed by the one or more processors, enable the one or more
`processors to:”............................................................................ 185
`[17.1] “wherein the instructions include instructions that, when executed
`by the one or more processors, enable the one or more processors
`to:”.............................................................................................. 185
`[28.1] (no corresponding element due to claim