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 .
Status of the Claims
This 2nd non-final action is in response to applicant's original filing Sept. 19, 2025. Claims 4-5, 8, 15 and 20 have been cancelled. Claims 1-3, 6-7, 9-14, 16-19 pending and have been considered as follows.
Response to Arguments
Applicant’s amendments/arguments with respect to claim(s) 1-20 under 35 U.S.C 103 have been fully considered but are moot because the new ground of rejection does not rely on any reference for any teaching or matter specifically challenged in the argument.
Claim objection
The drawings are objected because drawings are not consistent with the specification and claims. Specifically, [0027] of specification and claims 1 and 14 describes that a universal retinal scanner embedded within the vehicle’s mirrors. Furthermore, the specification [0031] FIG. 1 illustrates a front perspective view of one embodiment of the retinal-controlled mirror device of the present invention showing the universal retina scanner embedded in the vehicle mirror in accordance with the disclosed architecture. However, it appears that a universal retinal scanner 102 in Fig. 1 is NOT embedded within the vehicle’s mirrors 104.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 14, 16-19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Specifically, the independent claim 14 recite " a vehicle mirror comprising an indicia integrated into the vehicle mirror”. [0050] in the specification also provides information related to an indicia.
[0050] In yet another embodiment, the retinal-controlled mirror device 100 comprises a plurality of indicia 300. The vehicle mirrors 104 may include advertising, trademark, other letters, designs, or characters, printed, painted, stamped, or integrated into the mirror 104, or any other indicia 300 as is known in the art. Specifically, any suitable indicia 300 as is known in the art can be included, such as, but not limited to, patterns, logos, emblems, images, symbols, designs, letters, words, characters, animals, advertisements, brands, etc., that may or may not be vehicle, safety, or brand related.
The specification is not clear how to define “integrated”. It appears integrated is not “printed, painted, stamped”. What is the process and how to integrate an indicia into the mirror?
Applicants have not described the algorithm(s)/process(s) for obtaining the full scope of Applicants’ s described "integrated into the mirror" in sufficient detail in the specification. Such limitations therefore were not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Therefore, claim 14 is rejected under 35 U.S.C. 112(a). Dependent claims 16-19 depend from claim 14 and are therefore rejected as being dependent upon a rejected claim.
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.
Claims 14, 16-19 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.
Specifically, claim 14 recite “a vehicle mirror comprising an indicia integrated into the vehicle mirror”. This limitation is unclear to the examiner how the “integrated” was defined. “integrated” is defined by dictionary as 1) (of an institution, body, etc.) desegregated or 2) with various parts or aspects linked or coordinated. What " integrated " might possibly be or represent in claim 14? Therefore, claim 14 is rejected under 35 U.S.C. 112(b). Dependent claims 16-19 depend from claim 14 and are therefore rejected as being dependent upon a rejected claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 6-7, 9-11, 14, 16-17 are rejected under 35 U.S.C. 103 as being obvious over by Liu (CN 104859586A U machine translation) in view of Hu (US 20210229601 A1) in view of Wolfsen ( US5845733)
Regarding claim 1, Liu teaches a retinal-controlled mirror device (Liu abstract ) that ensures a driver always has a clear line of sight through a vehicle’s mirrors ( Liu, page 3, scanner in rear mirror does not affect the normal use of inside-automobile rear mirror), the retinal-controlled mirror device comprising:
a universal retinal scanner (Liu, abstract) ; and
a vehicle mirror (Figs 3-4);
wherein the universal retinal scanner is embedded within the vehicle mirror (Fig. 4, retina scanners is arranged on the back side of inside-automobile rear mirror); and further wherein the universal retinal scanner tracks movement of a user’s retinas (Liu, Using retina recognition to identify a driver, Figs. 3-5; pages 2-3, retina scanning module 3 is for gathering driver’s retinal information, the information collected is carried out analyzing and processing, and carry out comparison and analysis with the saved retinal information of typing before, judge whether it matches it saved retinal information, …, retina scanners is arranged on the back side of inside-automobile rear mirror).
Liu does not explicitly teach but Hu teaches the specific limitations of a face/eye (retinal)-controlled mirror device automatically adjusts the vehicle mirror to an optimal position based on a position of a user’s face/eye ( retinas) ( Hu, abstract ).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to understand that user’s retinas’ positions are based on his face position and to modify, using retinas scanning to identify a driver, as taught by Liu, automatically adjusting the vehicle mirror to an optimal position based on a position of a user’s eyes/retinas, as taught by Hu, as Liu and Hu are directed to vehicle safety(same field of endeavor), and one of ordinary skill in the art would have recognized the established utility using automatically adjusting the vehicle mirror to an optimal position based on a position of a user’s retinas and predictably applied it to provide a desired field of view (Hu, Abstract).
Lin as modified by Hu does not explicitly teach but Wolfsen teaches the specific limitations of a universal retinal scanner comprising a scanning lens, a scanner encasement, and a shading member and wherein the shading member is secured around a peripheral edge of the encasement surrounding the scanning lens for preventing contamination during scanning of a user's retinas (Wolfsen, FIG. 4 and corresponding paragraphs; a front view of a scanner, A scanning lens 28 is secured within the encasement 22 for reading the retinal pattern of the user. A shading member 29 is secured around a peripheral edge of the encasement 22 surrounding the scanning lens 28 for preventing contamination during scanning of the user's retinal pattern. the retinal scanner 20 includes an encasement 22 substantially rectangular shaped with arcuate edges; a retinal scanner electrically connected to a vehicle's …unless a proper retinal pattern is detected).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to modify, a retinal-controlled mirror, as taught by Liu modified by Hu, a universal retinal scanner comprising a scanning lens, a scanner encasement, and a shading member and the shading member being secured around a peripheral edge of the encasement surrounding the scanning lens for preventing contamination during scanning of a user's retinas, as taught by Wolfsen, as Wolfsen, Liu and Hu are directed to vehicle safety (same field of endeavor), and one of ordinary skill in the art would have recognized the established utility using the shading member being secured around a peripheral edge of the encasement surrounding the scanning lens for preventing contamination during scanning of a user's retinas and predictably applied it to avoid the lens being damaged.
Regarding claim 2, Liu teaches wherein the universal retinal scanner allows multiple users of a vehicle to automatically adjust the vehicle mirror to a desired position (Liu, Fig. 3 shows if a driver’s retina is recognized (matched with previously saved retina information ), staring a vehicle engine; otherwise, registering and saving the retina).
Regarding claim 3, Liu teaches wherein the universal retinal scanner communicates with a receiver positioned in a rear of the vehicle and is electrically connected to a motor to move the vehicle mirror (page 4, retina scanning module 3 three modules send of driving, namely send enabled instruction to ECU when above three modules all send result 1, in addition send and send halt instruction to ECU). Hu also teaches universal retinal scanner communicates with a receiver positioned in a rear of the vehicle and is electrically connected to a motor to move the vehicle mirror (Hu, [0019] Computing device 80 is in electrical communication with both camera 90 and actuator 70 to receive images of the vehicle driver or other passenger from camera 90, locate a face of the driver/passenger in the images and determine its position, calculate a mirror 40 orientation providing the face location with a desired field of view, and orient the mirror 40 accordingly. [0024] processor 80 may be located within the vehicle where it may be less susceptible to damage during collisions, and may more easily access vehicle power).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to understand that user’s retinas’ positions are based on his face position and to modify, using retinas scanning to identify a driver, as taught by Liu, automatically adjusting the vehicle mirror to an optimal position based on a position of a user’s eyes/retinas, as taught by Hu, as Liu and Hu are directed to vehicle safety(same field of endeavor), and one of ordinary skill in the art would have recognized the established utility using automatically adjusting the vehicle mirror to an optimal position based on a position of a user’s retinas and predictably applied it to provide a desired field of view (Hu, Abstract).
In addition, both Liu and Hu discloses the claimed invention except the receiver in a rear of the vehicle. It would have been an obvious matter of design choice to set the receiver in a rear of the vehicle, since applicant has not disclosed that receiver in a rear of the vehicle solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with receiver in other portion of the vehicle.
Regarding claim 6, Liu does not explicitly teach but Hu teaches wherein a central processing unit is positioned within the encasement, and wherein the central processing unit is electrically connected to the scanning lens (Hu, Figs. 3 and 4).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to understand that placing lens in an encasement with arcuate edges to avoid scratching lens ( for example, see references in prior art session) and to modify, using retinas scanning to identify a driver, as taught by Liu, automatically adjusting the vehicle mirror to an optimal position based on a position of a user’s retinas, as taught by Hu, as Liu and Hu are directed to vehicle safety(same field of endeavor), and one of ordinary skill in the art would have recognized the established utility using automatically adjusting the vehicle mirror to an optimal position based on a position of a user’s retinas and predictably applied it to provide a desired field of view (Hu, Abstract).
Regarding claim 7, Liu does not explicitly teach but Hu teaches wherein an EEPROM chip is electrically connected to the central processing unit for storing retinal patterns of users ([0028], [0031]).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to understand that placing lens in an encasement with arcuate edges to avoid scratching lens ( for example, see references in prior art session) and to modify, using retinas scanning to identify a driver, as taught by Liu, automatically adjusting the vehicle mirror to an optimal position based on a position of a user’s retinas, as taught by Hu, as Liu and Hu are directed to vehicle safety(same field of endeavor), and one of ordinary skill in the art would have recognized the established utility using automatically adjusting the vehicle mirror to an optimal position based on a position of a user’s retinas and predictably applied it to provide a desired field of view (Hu, Abstract).
Regarding claim 9, Liu teaches wherein the scanning lens, after identifying a user’s retinas, sends a signal to the central processing unit, which is configured to receive the signal and generate a signal to the motor to control movement of the vehicle mirror based on a user’s retina position (Liu, after identifying a user’s retinas, the engine starting module receives the starting information from the micro controller unit and starts the engine ), Liu does not explicitly teach but Hu teaches generate a signal to the motor to control movement of the vehicle mirror based on a user’s retina position (Hu, [0003], device then directs the actuator to position the mirror at the desired orientation).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to understand that placing lens in an encasement with arcuate edges to avoid scratching lens ( for example, see references in prior art session) and to modify, using retinas scanning to identify a driver, as taught by Liu, automatically adjusting the vehicle mirror to an optimal position based on a position of a user’s retinas, as taught by Hu, as Liu and Hu are directed to vehicle safety(same field of endeavor), and one of ordinary skill in the art would have recognized the established utility using automatically adjusting the vehicle mirror to an optimal position based on a position of a user’s retinas and predictably applied it to provide a desired field of view (Hu, Abstract).
Regarding claim 10, Liu teaches the universal retinal scanner is built into (a top or a bottom) of the vehicle mirror. Liu does not explicitly teach but Hu teaches the camera/scanner is built into (a top or) a bottom of the vehicle mirror.
It would have been an obvious matter of design choice to build the retinal scanner into a top or a bottom of the vehicle mirror, since applicant has not disclosed that universal retinal scanner being built into a top or a bottom of the vehicle mirror solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with receiver in other location of the mirror.
Regarding claim 16, please see the rejection above with regarding claim 10, which is commensurate in scope to claim 16.
Regarding claim 14, please see the rejection above with regarding claim 1-3, 6-7 and 9, which are commensurate in scope to claim 14. In addition, Wolfsen teaches the limitation of a universal retinal scanner comprising a scanning lens secured within the encasement for reading a retinal pattern of a user, a shading member, and a read button for activating the scanning lens (Wolfsen, in use, an individual who desires to operate the vehicle positions the scanning lens 28 near his or her eye. The scanning lens 28 reads the retinal pattern of the individual's eye upon the user pressing a read button of the keypad 21) and Hu teaches a vehicle mirror comprising an indicia integrated into the vehicle mirror ( Hu [0042] as the pattern 110 is affixed to the mirror 40, [0043] ) pattern 110 is rigidly coupled to mirror 40). Please note, “indicia integrated into the vehicle mirror” is rejected under 112. For prosecution purpose, Examiner interpret such limitation as an indicia linked to the vehicle mirror.
Regarding claim 11, Liu does not explicitly teach but Hu teaches wherein the universal (retinal) scanner performs automatic adjustment of the vehicle mirror continuously, periodically or at fixed intervals (Hu, [0018] The mirror may continue to reorient itself as the driver or passenger shifts position or posture to continuously provide a desired field of view even as he or she changes position or posture over time).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to understand that placing lens in an encasement with arcuate edges to avoid scratching lens ( for example, see references in prior art session) and to modify, using retinas scanning to identify a driver, as taught by Liu, automatically adjusting the vehicle mirror to an optimal position based on a position of a user’s retinas, as taught by Hu, as Liu and Hu are directed to vehicle safety(same field of endeavor), and one of ordinary skill in the art would have recognized the established utility using automatically adjusting the vehicle mirror to an optimal position based on a position of a user’s retinas and predictably applied it to provide a desired field of view (Hu, Abstract).
Regarding claim 17, please see the rejection above with regarding claim 11, which is commensurate in scope to claim 17.
Claims 12, 18 are rejected under 35 U.S.C. 103 as being obvious over by Liu (CN 104859586A U machine translation) in view of Hu (US 20210229601 A1) in view of Wolfsen( US5845733)
in view of Raz( US 20130258512 A1)
Regarding claim 12, Liu as modified by Hu does not explicitly teach but Raz teaches wherein position of the vehicle mirror can be adjustable using manual controls, as well as the universal retinal scanner ([0026] each of the mirror assemblies 210, 220, and/or 230 may be manually adjusted by a mirror position switch (not shown). A manual mirror position switch (now shown) such as, for example, a four-way rocker or joystick controller, allows a driver to adjust the rear view mirrors 210, 220, 230 to an appropriate or preferred lines of sight. An automatically adjusting mirror system including a mirror assembly, Abstract).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to modify, a retinal-controlled mirror, as taught by Liu modified by Hu as modified by Wolfsen, position of the vehicle mirror being adjustable using manual controls, as well as the universal retinal scanner, as taught by Raz, as Wolfsen, Raz, Liu and Hu are directed to vehicle safety (same field of endeavor), and one of ordinary skill in the art would have recognized the established utility using the shading member being secured around a peripheral edge of the encasement surrounding the scanning lens for preventing contamination during scanning of a user's retinas and predictably applied it to avoid the lens being damaged.
Regarding claim 18, please see the rejection above with regarding claim 12, which is commensurate in scope to claim 18.
Claims 13, 19 are rejected under 35 U.S.C. 103 as being obvious over by Liu (CN 104859586A U machine translation) in view of Hu (US 20210229601 A1) in view of Wolfsen( US5845733)
in view of Pertsel ( US 10518703 B1)
Regarding claim 13, Liu as modified by Hu does not explicitly teach but Pertsel teaches wherein the retinal-controlled mirror device may be installed in the vehicle at a time of manufacturing or as a separate, after-market component (Col. 4, the camera system 100 may be installed in the vehicle 50 at a time of manufacturing. the camera system 100 may be installed in the vehicle 50 as a separate component (e.g., an after-market part)).
It would have been obvious to one of ordinary skill in the art before the effective date of the present invention to modify, a retinal-controlled mirror, as taught by Liu modified by Hu as modified by Wolfsen, the retinal-controlled mirror device installed in the vehicle at a time of manufacturing or as a separate, after-market component, as taught by Pertsel, as Wolfsen, Pertsel, Liu and Hu are directed to vehicle safety (same field of endeavor), and one of ordinary skill in the art would have recognized the established utility using the shading member being secured around a peripheral edge of the encasement surrounding the scanning lens for preventing contamination during scanning of a user's retinas and predictably applied it to avoid the lens being damaged.
Regarding claim 19, please see the rejection above with regarding claim 13, which is commensurate in scope to claim 19.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example only, Ryu(US20100017071) teaches automatic rearview mirror adjustment system for vehicle (Manual mirror adjustment, allowing an operator to override the automatic adjustments of the side mirrors).
Jain(US 20230356728 A1) teaches setting and tracking of mirror settings can also be based on real-time monitoring of the driver’s head position.
Dadras (US 20200262393 A1) teaches the retina scanner embedded below the rear-view mirror for biometric authentication ([0024] The biometric sensors 172 may further include a retina scanner 180 configured to scan a retina pattern of the vehicle user. Similar to the camera 176, the retina scanner may be placed in front of the vehicle driver e.g. below the rear-view mirror or on the dashboard with an adjustable angle configured to detect an eye of the vehicle user. Alternatively, the retina scanner 180 may be placed on or near a vehicle visor combined with a visor mirror to scan the retina pattern of the vehicle user. Alternatively, the retina scanner 180 may be combined with the camera 176 to scan both the facial image and retina pattern of the vehicle user).
DP2Q9633 Kazuhiro Shiozawa Flickr (https://www.flickr.com/photos/shio/19512982314, Taken on July 30, 2015 ) teaches a camera lens have an encasement substantially rectangular shaped with arcuate edges.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JINGLI WANG whose telephone number is (571)272-8040. The examiner can normally be reached on Mon-Fri 9 am-5 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Anne Antonucci can be reached on (313)446-6519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.W./ Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/ Supervisory Patent Examiner, Art Unit 3666