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 .
Response to Arguments
Applicant's arguments filed 11/13/2025 have been fully considered but are found to be unpersuasive at this time.
Regarding the arguments that the prior art fails to disclose a consideration for “…fading-out rate begins at the degree of fade-in of the fade in function at the point in time that the determined gaze direction is again directed to the output device”;
Schmid discloses a system configured to change an operation of fading in/out of a display device depending upon a user gaze orientation monitored continuously during the operation of a vehicle [0016] and further configured to adjust fade rates according to a frequency of user gaze results [0032].
Schmid [FIG.4] further discloses wherein the system is configured to alternate between fade DOWN/UP at the degree of fade the system is currently operating under (e.g. 37% 100%). Under a broadest reasonable interpretation of the claimed limitation(s); Schmid teaches a consideration for a fade-out rate (DOWN) that may begin at a degree of fade-in (e.g. 100%) at a point in time that a user gaze is again directed to the display device.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/13/2025 has been entered.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 11-18 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In re claim(s) 11; the limitation(s), “at first fade-out rate” is/are unclear. The limitation is confusing as it is grammatically incorrect. For example, the limitation should potentially read as “at a first fade-out rate”, but this is only one of many potential ways to make this limitation grammatically correct.
In re claim(s) 11; the limitation(s), “a second fade-in rate that reaches a fade-out degree of 0% later in time than the first fade-out rate” is/are unclear. The limitation is confusing as the as it is unclear how a fade-in rate reaches a “fade-out” degree and furthermore how a fade-in rate is being compared to a fade-out rate.
In re claim(s) 12-18; included due to dependency upon rejected base claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 11, 16, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Schmid DE-102019002403-A1.
11. (Currently Amended) Schmid (DE-102019002403-A1) discloses A method for influencing output of optically displayed image data on an output device in a vehicle, the method comprising:
(Schmid [0001, 0056] a device for influencing an optical output of image data on an optical output device in a vehicle)
determining a gaze direction of a driver of the vehicle in the vehicle, fading-out, responsive to the determined gaze direction being directed at the output device, at first fade-out rate that gradually reduces of visibility of the optically displayed image data averaged over time, wherein the output device is a front- seat passenger display (e.g. touch screen, HUD, display, in drivers field of view);
(Schmid [0007] if the determined viewing direction is directed towards the output device, fading out the optical output of the image data with an average fading rate DOWN, whereby the fading rate DOWN defines a temporal decrease in the optical perceptibility of the output image data by a human,)
(Schmid [0009; 0016] The output device basically includes all currently known devices for the optical output of image data, such as: FED, LCD, TFT, LCD, CRT, Plasma, OLED or SED displays, touch screens, and LED and laser projection systems, especially HUDs (Head Up Displays)… determines the driver's gaze direction, particularly during vehicle operation, advantageously continuously, and checks whether the driver's gaze direction and therefore attention is directed towards the output device.)
fading-in, responsive to the determined gaze direction being directed at the output device and then being directed away from the output device, the optically displayed image data at a first fade-in rate that gradually increases visibility of the optically displayed image data averaged over time;
(Schmid [0007] if the determined viewing direction is directed towards the output device and is directed away from the output device, fading in the optical output of the image data with an average fade-in rate UP, whereby the fade-in rate UP describes a temporal increase in the optical perceptibility of the output image data by a person.)
determining, during the fading-in and for a period of time subsequent to the fading- in, a point in time that the determined gaze direction is again directed to the output device after the fading-in has started and then
(Schmid [0016] The proposed method thus determines the driver's gaze direction, particularly during vehicle operation, advantageously continuously, and checks whether the driver's gaze direction and therefore attention is directed towards the output device.)
determining, based on the determined point in time [0016], a degree of fade-in of a fade- in function, wherein the fade-in function defines a second fade-in rate that reaches a fade-out degree of 0% later in time than the first fade-out rate: and
(Schmid [0032] An advantageous development of the proposed method is characterized in that a frequency is determined with which the driver's line of sight is directed towards the output unit and/or the driver's line of sight is directed away from the output unit, wherein with increasing frequency the fade-out rate DOWN is increased and/or the fade-up rate UP is decreased)
fading-out, responsive to the determined gaze being again directed to the output device within a period of time before the second fade-in rate reaches the fade-out degree of 0% [0007, 0016], the optically displayed image data at a second fade-out rate [0032], wherein the fading-out at the second fade-out rate begins at the degree of fade-in of the fade-in function at the point in time that the determined gaze direction is again directed to the output device [FIG.4].
(Schmid [0032] An advantageous development of the proposed method is characterized in that a frequency is determined with which the driver's line of sight is directed towards the output unit and/or the driver's line of sight is directed away from the output unit, wherein with increasing frequency the fade-out rate DOWN is increased and/or the fade-up rate UP is decreased)
(Schmid [FIG.4] t1 (37%), t0(100%))
Examiner’s Note; Schmid discloses a system configured to change an operation of fading in/out of a display device depending upon a user gaze orientation monitored continuously during the operation of a vehicle [0016] and further configured to adjust fade rates according to a frequency of user gaze results [0032]. Schmid further discloses wherein the system is configured to switch between fade DOWN/UP at the degree of fade the system is currently operating under (e.g. 37% 100%). Under a broadest reasonable interpretation of the claimed limitation(s); Schmid teaches a consideration for a fade-out rate (DOWN) that may begin at a degree of fade-in (e.g. 100%) at a point in time that a user gaze is again directed to the display device.
16. (Previously Presented) Schmid discloses The method of claim 11, wherein the gaze direction of the driver is determined from a head position of the driver.
(Schmid [0011] The term “direction of gaze” of the driver refers to the direction in which the driver is currently looking with his eyes.)
18. (Previously Presented) Schmid discloses The method of claim 11, wherein the fading-in and fading-out is performed dependent on context(e.g. viewing direction).
(Schmid [0007] provided the determined viewing direction is directed towards the output device, the optical output of the image data is faded out with a mean fade-out rate DOWN… provided that the determined viewing direction is directed towards the output device and away from the output device, brightening of the optical output of the image data with a mean brightening rate UP)
Claim(s) 19 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Schmid DE-102019002403-A1.
19. (Currently Amended) Schmid (DE-102019002403-A1) discloses A system for influencing output of optically displayed image data on an output device in a vehicle, the system comprising:
(Schmid [0001, 0056] a device for influencing an optical output of image data on an optical output device in a vehicle)
a sensor system arranged in the vehicle and configured to a gaze direction of a driver of the vehicle; and
(Schmid [0041] The sensor system advantageously comprises a camera system designed and configured to detect pupil positions of the driver's eyes and to determine the direction of gaze based on the pupil positions)
a control unit [0042] coupled to the sensor system and configured to control the output device by fading-out, responsive to the determined gaze direction being directed at the output device at a first fade-out rate that gradually reduces of visibility of the optically displayed image data averaged over time, wherein the output device is a front-seat passenger display [0009;0016]; and
(Schmid [0042] Advantageously, the control unit is designed and configured such that the decrease or increase in the perceptibility of the output image data is caused by a decrease or increase in a light intensity LI of the image data output)
(Schmid [0007] if the determined viewing direction is directed towards the output device, fading out the optical output of the image data with an average fading rate DOWN, whereby the fading rate DOWN defines a temporal decrease in the optical perceptibility of the output image data by a human,)
(Schmid [0009; 0016] The output device basically includes all currently known devices for the optical output of image data, such as: FED, LCD, TFT, LCD, CRT, Plasma, OLED or SED displays, touch screens, and LED and laser projection systems, especially HUDs (Head Up Displays)… determines the driver's gaze direction, particularly during vehicle operation, advantageously continuously, and checks whether the driver's gaze direction and therefore attention is directed towards the output device.)
fading-in, responsive to the determined gaze direction being directed at the output device and then being directed away from the input device, the optically displayed image data at a first fade-in rate that gradually increases visibility of the optically displayed image data averaged over time
(Schmid [0007] if the determined viewing direction is directed towards the output device and is directed away from the output device, fading in the optical output of the image data with an average fade-in rate UP, whereby the fade-in rate UP describes a temporal increase in the optical perceptibility of the output image data by a person.)
determining, during the fading-in and for a period of time subsequent to the fading-in, a point in time that the determined gaze direction is again directed to the output device after the fading-in has started and then
(Schmid [0016] The proposed method thus determines the driver's gaze direction, particularly during vehicle operation, advantageously continuously, and checks whether the driver's gaze direction and therefore attention is directed towards the output device.)
determining, based on the determined point in time, a degree of fade-in of a fade-in function, wherein the fade-in function defines a second fade-in rate that reaches a fade-out degree of 0% later in time than the first fade-out rate; and
(Schmid [0032] An advantageous development of the proposed method is characterized in that a frequency is determined with which the driver's line of sight is directed towards the output unit and/or the driver's line of sight is directed away from the output unit, wherein with increasing frequency the fade-out rate DOWN is increased and/or the fade-up rate UP is decreased)
fading-out, responsive to the determined gaze being again directed to the output device within a period of time before the second fade-in rate reaches the fade-out degree of 0%, the optically displayed image data at a second fade-out rate, wherein the fading-out at the second fade-out rate begins at the degree of fade-in of the fade-in function at the point in time that the determined gaze direction is again directed to the output device.
(Schmid [0032] An advantageous development of the proposed method is characterized in that a frequency is determined with which the driver's line of sight is directed towards the output unit and/or the driver's line of sight is directed away from the output unit, wherein with increasing frequency the fade-out rate DOWN is increased and/or the fade-up rate UP is decreased)
(Schmid [FIG.4] t1 (37%), t0(100%))
Examiner’s Note; Schmid discloses a system configured to change an operation of fading in/out of a display device depending upon a user gaze orientation monitored continuously during the operation of a vehicle [0016] and further configured to adjust fade rates according to a frequency of user gaze results [0032]. Schmid further discloses wherein the system is configured to switch between fade DOWN/UP at the degree of fade the system is currently operating under (e.g. 37% 100%). Under a broadest reasonable interpretation of the claimed limitation(s); Schmid teaches a consideration for a fade-out rate (DOWN) that may begin at a degree of fade-in (e.g. 100%) at a point in time that a user gaze is again directed to the display device.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable Schmid DE-102019002403-A1, as applied to claim 11 above and further in view of Kobayashi US-20150015460-A1.
12. (Currently Amended) Schmid discloses The method of claim 11, wherein, when the optically displayed image data comprises moving images, the fading-in of the optically displayed image data is only performed when ***a driver’s attention is not focused upon the displayed image data***.
(Schmid [0001-2] The invention relates to a method and a device for influencing an optical output of image data on an optical output device in a vehicle, in particular in a motor vehicle, as well as a vehicle with such a device… reproduction of image data, in particular moving images such as videos, animations, clips, etc,)
(Schmid [0007] if the determined viewing direction is directed towards the output device and is directed away from the output device, fading in the optical output of the image data with an average fade-in rate UP, whereby the fade-in rate UP describes a temporal increase in the optical perceptibility of the output image data by a person.)
Kobayashi (US-20150015460-A1) discloses in a similar invention field of endeavor, a consideration for “…the fading-in of the optically displayed image data is only performed when an audio output assigned to the output device is connected to headphones or earphones, and audio signals are only emitted via the headphones or earphones”
(Kobayashi [0166] it is possible to attract some attention of the user by outputting sound via the earphones 32 and 34 in addition to increasing the changing period in the fade-in display.)
It would have been obvious to one of ordinary skill in the art before the time the instant application was effectively filed to adapt the modified system of Schmid to include wherein fading-in of the optically displayed image data is only performed when an audio output assigned to the output unit is connected to headphones or earphones, and audio signals are only emitted via the headphones or earphones with a reasonable expectation for success, as taught by Kobayashi, for the benefit of providing stimuli which influences the attention of a user/operator when it is detected that a user is using headphones connected to the system for transmitting audio associated with a displayed image.
Allowable Subject Matter
Claim(s) 13-15 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The problem to be solved by the present invention may be regarded as how to effectively influence an attention and focus on a driver of a vehicle when exterior stimuli present opportunities for distraction by controlling the visibility of a display according to a sensed attention/focus of the driver.
The closest available prior art at hand;
Edgren (US-20140191940-A1) discloses in a similar invention, a consideration for [0058] …by changing his head position in a first direction 11, as illustrated in the right part of FIG. 3. The one or more sensors 4 are sensing the change of head position or gaze direction and the graphical display objects 10 are changed such that previously displayed as partly hidden graphical display objects 10 are displayed as visible. The vehicle operator can then access information not previously displayed.
Zhu (US-10162651-B1) discloses in a similar invention, a consideration for wherein [claim 4] … at least one processor is configured to hide the warning message in response to a determination based on the eye-gaze data that a gaze of the user has moved out of the predefined region.
Ghneim (US-20120105251-A1) discloses in a similar invention, a consideration for [0022] upon exceeding a predetermined steering wheel angle 111, the static locus lines are adjusted in color, brightness, and intensity so as to fade 114 as the vehicle approaches its target. The fading is intended to draw the vehicle operator's focus from the static locus lines and toward the dynamic locus lines, thereby ensuring the vehicle is successfully maneuvered into the target, such as a desired parking spot.
A solution to the problem detailed above as proposed in claim(s) 13 -15 and 17 of the present application is neither distinctly disclosed in, nor render obvious by, the available prior art at hand, and appears therefor to involve an inventive step.
As such, it should be noted that while the combination of references discloses aspects of the claimed limitations, the disclosure fails to fully capture the structure and interplay of the elements as recited in the claims. Therefore, upon review of the evidence at hand, it is hereby concluded that the evidence obtained and made of record, alone or in combination, neither anticipates, reasonably teaches, nor renders obvious all the features of applicant’s invention as the features amount to more than a predictable use of elements in the prior art. As such, it is this examiner’s opinion that there lacks a sufficient nexus between the prior art and the instant application.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW JOHN MOSCOLA whose telephone number is (571)272-6944. The examiner can normally be reached M-F 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abby Flynn can be reached on (571) 272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.J.M./Examiner, Art Unit 3663
/ABBY J FLYNN/Supervisory Patent Examiner, Art Unit 3663