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 Claims
This office action is in response to Applicant Amendments and Remarks filed on 10/10/2025, for application number 18/402,010 filed on 01/02/2024, in which claims 1-20 were originally presented for examination.
Claims 1, 2, 5, 11, 13, 15, 17, and 18 are amended.
Claims 4, 8, 12, 14, and 20 are canceled.
Claims 21-25 are new.
Claims 1-3, 5-7, 9-11, 13, 15-19, and 21-25 are currently pending.
Response to Arguments
Applicant Amendments and Remarks filed on 10/10/2025 in response to the Non-Final office action mailed on 08/06/2025 have been fully considered and are addressed as follows:
Regarding the Claim Objections: The objections are withdrawn, as the amended claims have properly addressed the informalities recited in the Non-Final office action.
Regarding the Claim Rejections under 35 USC §§ 102 and 103: With respect to the previous claim rejections under 35 U.S.C. §§ 102 and 103, Applicant has amended the independent claims and these amendments have changed the scope of the original application. Therefore, the Office has supplied new grounds for rejection attached below in the FINAL office action and therefore the prior arguments are considered moot.
FINAL OFFICE ACTION
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 112(a)
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.
Claims 21, 23, and 25 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.
Claims 21, 23, and 25 recite the limitation “without increasing a horizontally oriented light.” However, the specification does not support such limitation.
The specification states that “the computing system 104 may increase the light intensity of the display 135 and/or the HUD projector 126 to make the image 132 brighter. Additionally or alternatively, the computing system 104 may rotate the orientation of the light projected from the HUD projector (e.g. via the wave plate) to increase the P-wave oriented in the vertical direction that is perceivable through the sunglasses 138” (the specification as originally filed at para. [0039]). Based on the description, the entire light intensity of the display is increased, and the wave plate or the polarized lenses of the sunglasses may block out the horizontally oriented light. Therefore, the specification only suggests increasing the brightness of the entire light projected from the HUD projector. As such, the specification does not support the claimed limitation of “without increasing a horizontally oriented light.”
Therefore, the claims contain subject matter which was not described in the specification.
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.
Claims 1-3, 5, 6, 9, 10, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Aoki (US 2024/0249537 A1) in view of Oyama (JP 2020159792 A). The rejections below are based on the machine translation of Oyama, a copy of which is attached to this Office Action as also indicated in the 892 form.
Regarding claim 1, Aoki discloses a system for a vehicle, comprising:
a display configured to provide a plurality of vehicle operating parameters for a vehicle user (Aoki at para. [0024]: “The HUD unit 20 enables viewing of the scenery ahead of the vehicle 100 through the front windshield FW and at the same time, viewing of display information contained in the display light reflected on a projection object 103, such as the front windshield FW, as a virtual image S. The display information includes, for example, information about the vehicle 100, such as vehicle speed information, navigation information, shift position information, and air conditioner setting information”);
a camera configured to capture an image indicative of the vehicle user having an eye wear positioned on a face of the vehicle user (Aoki at para. [0022]: “The camera 11 is an example of a photographing unit, and photographs a face region including the face of the driver P and acquires the photographed face images continuously”; para. [0028]: “The control unit 22 has a wearing determination function of determining whether the driver P wears polarized sunglasses, based on the face image acquired by the camera 11”); and
a controller programmed to,
adjust an operating characteristic of the display based on at least the vehicle user wearing the eye wear (Aoki at para. [0040]: “once it is found that the driver P puts on the polarized sunglasses, the visibility of the display image can be increased by increasing the luminance of the display image by the projection unit 21 or by changing the polarization angle of the display light”);
continuously perform an adjustment to a polarizer relative to a camera lens (Aoki at para. [0049]: “The control unit 22A causes the camera 11 to photograph the face region including the face of the driver P while the polarizer 30 is rotated about the optical axis AX by the rotary driving of the servo motor 40, and acquire the photographed face image”);
identify an eye region of the face of the user in the image (Aoki at para. [0063]: “FIG. 10 to FIG. 12, determination regions (H1, H2, H3) that differ from the eye region may be set and the luminance values corresponding to such determination regions (H1 to H3) may be calculated”);
responsive to detecting a variation in visibility of the eye region corresponding to the adjustment to the polarizer relative to the camera lens, determine the user is wearing the eye wear (Aoki at para. [0030]: “The determination unit 26 has a function of comparing the current luminance value information with the past luminance value information in the pieces of luminance value information stored in the storage unit 27, and determining that the driver P puts on the polarized sunglasses when the current luminance value information decreases”).
However, Aoki does not explicitly state perform the adjustment to the polarizer by repeatedly sliding the polarizer to periodically cover the camera lens while the camera is continuously capturing images, such that the visibility of the eye region is greater when the polarizer does not cover the camera lens, and the visibility of the eye region is lesser when the polarizer covers the camera lens.
In the same field of endeavor, Oyama teaches perform the adjustment to the polarizer by repeatedly sliding the polarizer to periodically cover the camera lens while the camera is continuously capturing images, such that the visibility of the eye region is greater when the polarizer does not cover the camera lens, and the visibility of the eye region is lesser when the polarizer covers the camera lens (Oyama at para. [0029]: “FIG. 7 is a timing chart schematically showing the operation of the polarization control mechanism 26 and the image pickup device 28” “The image sensor 28 captures a first image in the first period T1, a second image in the second period T2, and a normal image (moving image) in the third period T3”; para. [0046]: “As shown in FIG. 9B, the polarizing filter 234 has a rectangular shape, and a first region 234a, a second region 234b, and a third region 234c are provided at different positions in the longitudinal direction (S direction). The first region 234a is provided with a first linear polarizer that transmits the S polarization component, and the second region 234b is provided with a second linear polarizer that transmits the P polarization component. No polarizer is provided in the third region 234c. The motor 236 slides the polarizing filter 234 in the S direction to switch the regions 234a to 234c of the polarizing filter 234 arranged on the imaging shaft 16”; para. [0047]: “When the third region 234c is arranged on the image pickup axis 16, that is, when the linear polarizer is not inserted on the image pickup axis 16, the incident light 18 passes through the polarizing filter 234 as it is, and the normal image is captured by the image pickup element 28. Will be done. In this way, the polarization control mechanism 226 can switch the polarization state of the incident light 18 toward the image pickup device 28”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Aoki by adding sliding the polarizer as taught by Oyama with a reasonable expectation of success. The motivation to modify the system of Aoki in view of Oyama is to provide a mechanism for adjusting the polarizer.
Regarding claim 2, Aoki in view of Oyama teaches the system of claim 1.
Aoki further discloses wherein the eye wear includes at least one polarized lens (Aoki at para. [0028]: “The control unit 22 has a wearing determination function of determining whether the driver P wears polarized sunglasses, based on the face image acquired by the camera 11”).
Regarding claim 3, Aoki in view of Oyama teaches the system of claim 2.
Aoki further discloses further comprising a polarizer adjustably positioned relative to a camera lens of the camera (Aoki at para. [0023]: “The polarizer 30 in this embodiment is disposed in front of the lens 12 of the camera 11”; para. [0049]: “the polarizer 30 is rotated about the optical axis AX by the rotary driving of the servo motor 40”), and the camera is further configured to:
capture the image through the polarizer (Aoki at para. [0023]: “The polarizer 30 in this embodiment is disposed in front of the lens 12 of the camera 11”; The polarizer is disposed in front of the lens of the camera, so images are captured trough the polarizer).
Regarding claim 5, Aoki in view of Oyama teaches the system of claim 1.
Aoki further discloses wherein the controller further is programmed to perform the adjustment to the polarizer by rotating the polarizer (Aoki at para. [0047]: “the control unit 22A controls the rotary driving of the servo motor 40 to rotate the polarizer 30 about the optical axis AX”).
Regarding claim 6, Aoki in view of Oyama teaches the system of claim 5.
Aoki further discloses wherein the rotating of the polarizer is continuous in a single direction (Aoki at para. [0045]: “The control unit 22A controls the rotary driving of the servo motor 40 so that the polarization direction of the polarizer 30 becomes the vertical direction, or so that the polarization direction becomes the horizontal direction that is orthogonal to the vertical direction”; The polarizer must rotate continuously in one direction at least until the polarization direction becomes the vertical direction or the horizontal direction).
Regarding claim 9, Aoki in view of Oyama teaches the system of claim 1.
Aoki further discloses wherein the display includes at least one of: a head-up display projector, or a liquid crystal display (Aoki at para. [0024]: “The HUD unit 20 enables viewing of the scenery ahead of the vehicle 100 through the front windshield FW and at the same time, viewing of display information contained in the display light reflected on a projection object 103, such as the front windshield FW, as a virtual image S”).
Regarding claim 10, Aoki in view of Oyama teaches the system of claim 1.
Aoki further discloses wherein the controller is further programmed to: adjust an operating characteristic of the display by increasing a brightness of the display (Aoki at para. [0040]: “once it is found that the driver P puts on the polarized sunglasses, the visibility of the display image can be increased by increasing the luminance of the display image by the projection unit 21 or by changing the polarization angle of the display light”).
Regarding claim 17, Aoki discloses an apparatus, comprising:
a camera configured to capture an image indicative of a face of a user (Aoki at para. [0022]: “The camera 11 is an example of a photographing unit, and photographs a face region including the face of the driver P and acquires the photographed face images continuously”; para. [0028]: “The control unit 22 has a wearing determination function of determining whether the driver P wears polarized sunglasses, based on the face image acquired by the camera 11”);
a controller programmed to,
communicate with a display (Aoki at para. [0026]: “The control unit 22 controls the camera unit 10 and the projection unit 21, and is mainly composed of a microprocessor, which is not illustrated, including, for example, an arithmetic processing device including a CPU or the like, a ROM, a RAM, and the like”), and
responsive to the image being indicative of the user is wearing a polarized eye wear, adjust an operating characteristic of the display (Aoki at para. [0040]: “once it is found that the driver P puts on the polarized sunglasses, the visibility of the display image can be increased by increasing the luminance of the display image by the projection unit 21 or by changing the polarization angle of the display light”).
However, Aoki does not explicitly state a motor, configured to adjust a position of a polarizer by repeatedly sliding the polarizer to periodically cover a lens of a camera while the camera is capturing images, such that a visibility of an eye region of a user is greater when the polarizer does not cover the lens, and the visibility of the eye region is lesser when the polarizer covers the lens.
In the same field of endeavor, Oyama teaches a motor, configured to adjust a position of a polarizer by repeatedly sliding the polarizer to periodically cover a lens of a camera while the camera is capturing images, such that a visibility of an eye region of a user is greater when the polarizer does not cover the lens, and the visibility of the eye region is lesser when the polarizer covers the lens (Oyama at para. [0029]: “FIG. 7 is a timing chart schematically showing the operation of the polarization control mechanism 26 and the image pickup device 28” “The image sensor 28 captures a first image in the first period T1, a second image in the second period T2, and a normal image (moving image) in the third period T3”; para. [0046]: “As shown in FIG. 9B, the polarizing filter 234 has a rectangular shape, and a first region 234a, a second region 234b, and a third region 234c are provided at different positions in the longitudinal direction (S direction). The first region 234a is provided with a first linear polarizer that transmits the S polarization component, and the second region 234b is provided with a second linear polarizer that transmits the P polarization component. No polarizer is provided in the third region 234c. The motor 236 slides the polarizing filter 234 in the S direction to switch the regions 234a to 234c of the polarizing filter 234 arranged on the imaging shaft 16”; para. [0047]: “When the third region 234c is arranged on the image pickup axis 16, that is, when the linear polarizer is not inserted on the image pickup axis 16, the incident light 18 passes through the polarizing filter 234 as it is, and the normal image is captured by the image pickup element 28. Will be done. In this way, the polarization control mechanism 226 can switch the polarization state of the incident light 18 toward the image pickup device 28”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Aoki by adding sliding the polarizer as taught by Oyama with a reasonable expectation of success. The motivation to modify the apparatus of Aoki in view of Oyama is to provide a mechanism for adjusting the polarizer.
Regarding claim 18, Aoki in view of Oyama teaches the apparatus of claim 17.
Aoki further discloses further comprising:
a polarizer adjustably positioned relative to a camera lens of the camera (Aoki at para. [0023]: “The polarizer 30 in this embodiment is disposed in front of the lens 12 of the camera 11”);
wherein the camera is further configured to,
capture the image through the polarizer (Aoki at para. [0023]: “The polarizer 30 in this embodiment is disposed in front of the lens 12 of the camera 11”; The polarizer is disposed in front of the lens of the camera, so images are captured trough the polarizer), and
the controller is further programmed to,
identify an eye region of the face of the user in the image (Aoki at para. [0063]: “FIG. 10 to FIG. 12, determination regions (H1, H2, H3) that differ from the eye region may be set and the luminance values corresponding to such determination regions (H1 to H3) may be calculated”); and
responsive to detecting a variation in visibility of the eye region corresponding to the adjusting of the orientation or the position of the polarizer relative to the camera lens, determine the user is wearing the polarized eye wear (Aoki at para. [0050]: “the vehicle display device 1A according to the second embodiment includes the polarizer 30 in front of the lens 12 of the camera 11 that continuously acquires the face images of the driver P. The polarizer 30 is rotated and driven about the optical axis AX by the rotation mechanism including the servo motor 40”; “The control unit 22A then compares the current luminance value information with the past luminance value information in the pieces of luminance value information stored in the storage unit 27, and when the current luminance value information decreases, determines that the driver P puts on the polarized sunglasses”).
Regarding claim 19, Aoki in view of Oyama teaches the apparatus of claim 18.
Aoki further discloses wherein the motor is further configured to: adjust the orientation of the polarizer by rotating the polarizer continuously in one direction, or by repetitively rotating the polarizer in opposite directions of a magnitude of at least 90° (Aoki at para. [0045]: “The control unit 22A controls the rotary driving of the servo motor 40 so that the polarization direction of the polarizer 30 becomes the vertical direction, or so that the polarization direction becomes the horizontal direction that is orthogonal to the vertical direction”; The polarizer must rotate continuously in one direction at least until the polarization direction becomes the vertical direction or the horizontal direction).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Aoki in view of Oyama further in view of Al-Husseini et al. (US 2024/0292078 A1).
Regarding claim 7, Aoki in view of Oyama teaches the system of claim 5.
However, Aoki in view of Oyama does not explicitly state wherein the rotating of the polarizer is repetitive in opposite directions of a magnitude of at least 90°.
Nevertheless, Aoki at least suggests that the polarizer can be rotated in two directions (i.e., clockwise and counterclockwise) (see Aoki at para. [0043]).
In the same field of endeavor, Al-Husseini et al. teaches wherein the rotating of the polarizer is repetitive in opposite directions of a magnitude of at least 90° (Al-Husseini et al. at para. [0023]: “130
may rotate by the smallest increment allowed by the motor actuating 130 (for instance, as little as 1 degree) or it could rotate by as much as a half-period ( e.g., up to 90 degrees) of the polarizer to achieve maximum difference in orientation of the polarizer (e.g., to measure s-polarization instead of
p-polarization)” “the direction the motorized polarizer moves could be constant, or it could alternate directions between frame captures”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Aoki in view of Oyama by adding the rotating in opposite directions as taught by Al-Husseini et al. with a reasonable expectation of success. The motivation to modify the system of Aoki in view of Oyama further in view of Al-Husseini et al. is to provide a mechanism for adjusting the polarizer.
Claims 11, 13, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Aoki in view of Jeong (US 2022/0146730 A1).
Regarding claim 11, Aoki discloses a method for a vehicle system, comprising:
outputting, via a display, a plurality of vehicle operating parameters for a user (Aoki at para. [0024]: “The HUD unit 20 enables viewing of the scenery ahead of the vehicle 100 through the front windshield FW and at the same time, viewing of display information contained in the display light reflected on a projection object 103, such as the front windshield FW, as a virtual image S. The display information includes, for example, information about the vehicle 100, such as vehicle speed information, navigation information, shift position information, and air conditioner setting information”);
capturing, via the camera, the images indicative of the user having a polarized eye wear positioned on a face of the user (Aoki at para. [0022]: “The camera 11 is an example of a photographing unit, and photographs a face region including the face of the driver P and acquires the photographed face images continuously”; para. [0028]: “The control unit 22 has a wearing determination function of determining whether the driver P wears polarized sunglasses, based on the face image acquired by the camera 11”); and
adjusting, via a controller, an operating characteristic of the display based on at least the user wearing the polarized eye wear (Aoki at para. [0040]: “once it is found that the driver P puts on the polarized sunglasses, the visibility of the display image can be increased by increasing the luminance of the display image by the projection unit 21 or by changing the polarization angle of the display light”).
However, Aoki does not explicitly state adjusting via a motor, a position of a polarizer by repeatedly sliding the polarizer in a vertical direction to periodically cover a lens of a camera while the camera continuously capturing images.
In the same field of endeavor, Jeong teaches adjusting via a motor, a position of a polarizer by repeatedly sliding the polarizer in a vertical direction to periodically cover a lens of a camera while the camera continuously capturing images (Jeong at para. [0024]: “FIG. 2 is a view illustrating a state in which a polarizing filter is provided on a front surface of a lens in the filming apparatus for a vehicle”; para. [0025]: “a filming apparatus 110 installed in the interior of a vehicle to film images toward windshield glass 100, wherein a polarizing filter 200 is provided on a front surface or a rear surface of a lens 120”; FIG. 4 and para. [0040]: “the polarization adjustor 300 slides the polarizing filter 200 upwards and downwards to adjust the location of the polarizing filter 200, and the polarization adjustor 300 may include an actuator, a gear, a slide guide, and the like”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Aoki by adding sliding the polarizer as taught by Jeong with a reasonable expectation of success. The motivation to modify the method of Aoki in view of Jeong is to provide a mechanism for adjusting the polarizer.
Regarding claim 13, Aoki in view of Jeong teaches the method of claim 11.
Aoki further discloses further comprising: adjusting, via the motor, the orientation of the polarizer by rotating the polarizer continuously in one direction, or by repetitively rotating the polarizer in opposite directions of a magnitude of at least 90° (Aoki at para. [0045]: “The control unit 22A controls the rotary driving of the servo motor 40 so that the polarization direction of the polarizer 30 becomes the vertical direction, or so that the polarization direction becomes the horizontal direction that is orthogonal to the vertical direction”; The polarizer must rotate continuously in one direction at least until the polarization direction becomes the vertical direction or the horizontal direction).
Regarding claim 15, Aoki in view of Jeong teaches the method of claim 11.
Aoki further discloses further comprising:
identify, via the controller, an eye region of the face of the user in the image (Aoki at para. [0063]: “FIG. 10 to FIG. 12, determination regions (H1, H2, H3) that differ from the eye region may be set and the luminance values corresponding to such determination regions (H1 to H3) may be calculated”); and
responsive to detecting a variation in visibility of the eye region corresponding to the adjusting of the orientation or the position of the polarizer relative to the camera lens, determine, via the controller, the user is wearing the polarized eye wear (Aoki at para. [0050]: “the vehicle display device 1A according to the second embodiment includes the polarizer 30 in front of the lens 12 of the camera 11 that continuously acquires the face images of the driver P. The polarizer 30 is rotated and driven about the optical axis AX by the rotation mechanism including the servo motor 40”; “The control unit 22A then compares the current luminance value information with the past luminance value information in the pieces of luminance value information stored in the storage unit 27, and when the current luminance value information decreases, determines that the driver P puts on the polarized sunglasses”).
Regarding claim 16, Aoki in view of Jeong teaches the method of claim 11.
Aoki further discloses wherein the display includes at least one of: a head-up display projector, or a liquid crystal display (Aoki at para. [0024]: “The HUD unit 20 enables viewing of the scenery ahead of the vehicle 100 through the front windshield FW and at the same time, viewing of display information contained in the display light reflected on a projection object 103, such as the front windshield FW, as a virtual image S”), the method further comprising:
adjusting, via the controller, the operating characteristic of the display by increasing a brightness of the display (Aoki at para. [0040]: “once it is found that the driver P puts on the polarized sunglasses, the visibility of the display image can be increased by increasing the luminance of the display image by the projection unit 21 or by changing the polarization angle of the display light”).
Claims 21 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Aoki in view of Oyama further in view of Emmel (DE 102019219100 B3). The rejections below are based on the machine translation of Emmel, a copy of which is attached to this Office Action as also indicated in the 892 form.
Regarding claim 21, Aoki in view of Oyama teaches the system of claim 1.
However, Aoki in view of Oyama does not explicitly state wherein the controller is further programmed to:
adjust an operating characteristic of the display by increasing a brightness of a vertically oriented light without increasing a horizontally oriented light.
In the same field of endeavor, Emmel teaches wherein the controller is further programmed to:
adjust an operating characteristic of the display by increasing a brightness of a vertically oriented light without increasing a horizontally oriented light (Emmel at para. [0024]: “the switchable optical component is configured in a fourth operating mode to not influence the polarization of the light emitted by the imaging unit for dark areas of the image and to increase a proportion of p-polarized light in the light emitted by the imaging unit for bright areas of the image”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Aoki in view of Oyama by adding increasing the brightness of the vertically oriented light without increasing the horizontally oriented light as taught by Emmel with a reasonable expectation of success. The motivation to modify the system of Aoki in view of Oyama further in view of Emmel is to provide ensure visibility through a polarized eyewear.
Regarding claim 25, Aoki in view of Oyama teaches the apparatus of claim 18.
However, Aoki in view of Oyama does not explicitly state wherein the controller is further configured to: responsive to determining the user is wearing the polarized eye wear, adjust the operating characteristic of the display by increasing a brightness of a vertically oriented light without increasing a horizontally oriented light.
In the same field of endeavor, Emmel teaches wherein the controller is further configured to: responsive to determining the user is wearing the polarized eye wear, adjust the operating characteristic of the display by increasing a brightness of a vertically oriented light without increasing a horizontally oriented light (Emmel at para. [0024]: “the switchable optical component is configured in a fourth operating mode to not influence the polarization of the light emitted by the imaging unit for dark areas of the image and to increase a proportion of p-polarized light in the light emitted by the imaging unit for bright areas of the image”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus of Aoki in view of Oyama by adding increasing the brightness of the vertically oriented light without increasing the horizontally oriented light as taught by Emmel with a reasonable expectation of success. The motivation to modify the apparatus of Aoki in view of Oyama further in view of Emmel is to provide ensure visibility through a polarized eyewear.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Aoki in view of Oyama further in view of Schiller (DE 102021100632 A1). The rejections below are based on the machine translation of Schiller, a copy of which is attached to this Office Action as also indicated in the 892 form.
Regarding claim 22, Aoki in view of Oyama teaches the system of claim 1.
However, Aoki in view of Oyama does not explicitly state further includes a speaker configured to output audio signal, wherein the controller is further programmed to:
responsive to determining the user is wearing the eye wear, increase a utilization of the speaker to output the audio signal; and
responsive to determining the user is not wearing the eye wear, decrease the utilization of the speaker to refrain outputting the audio signal.
In the same field of endeavor, Schiller teaches further includes a speaker configured to output audio signal, wherein the controller is further programmed to:
responsive to determining the user is wearing the eye wear, increase a utilization of the speaker to output the audio signal (Schiller at para. [0015]: “the system can be trained to shift the visual display of the content from one head-up display to another display and/or to output the content via audio output when it detects glasses with polarization filters”); and
responsive to determining the user is not wearing the eye wear, decrease the utilization of the speaker to refrain outputting the audio signal (Schiller at para. [0015]: “the system can be trained to shift the visual display of the content from one head-up display to another display and/or to output the content via audio output when it detects glasses with polarization filters”; The audio output is not provided when no glasses are detected).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Aoki in view of Oyama by adding the utilization of the speaker as taught by Schiller with a reasonable expectation of success. The motivation to modify the system of Aoki in view of Oyama further in view of Schiller is to improve information accessibility.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Aoki in view of Jeong further in view of Emmel.
Regarding claim 23, Aoki in view of Jeong teaches the method of claim 15.
Aoki further discloses wherein the display includes at least one of: a head-up display projector, or a liquid crystal display (Aoki at para. [0024]: “The HUD unit 20 projects the display light containing the display information onto the front windshield FW and forms an optical path so that the display light reflected on the front windshield FW is directed toward the driver P's viewpoint”).
However, Aoki in view of Jeong does not explicitly state the method further comprising: adjusting, via the controller, the operating characteristic of the display by increasing a brightness of a vertically oriented light without increasing a horizontally oriented light.
In the same field of endeavor, Emmel teaches the method further comprising: adjusting, via the controller, the operating characteristic of the display by increasing a brightness of a vertically oriented light without increasing a horizontally oriented light (Emmel at para. [0024]: “the switchable optical component is configured in a fourth operating mode to not influence the polarization of the light emitted by the imaging unit for dark areas of the image and to increase a proportion of p-polarized light in the light emitted by the imaging unit for bright areas of the image”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Aoki in view of Oyama by adding increasing the brightness of the vertically oriented light without increasing the horizontally oriented light as taught by Emmel with a reasonable expectation of success. The motivation to modify the method of Aoki in view of Oyama further in view of Emmel is to provide ensure visibility through a polarized eyewear.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Aoki in view of Jeong further in view of Schiller.
Regarding claim 24, Aoki in view of Jeong teaches the method of claim 15.
However, Aoki in view of Jeong does not explicitly state further comprising:
responsive to determining the user is wearing the polarized eye wear, increase a utilization of a speaker to output an audio signal which would not be output in an absence of the polarized eye wear detection.
In the same field of endeavor, Schiller teaches further comprising:
responsive to determining the user is wearing the polarized eye wear, increase a utilization of a speaker to output an audio signal which would not be output in an absence of the polarized eye wear detection (Schiller at para. [0015]: “the system can be trained to shift the visual display of the content from one head-up display to another display and/or to output the content via audio output when it detects glasses with polarization filters”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Aoki in view of Jeong by adding the utilization of the speaker as taught by Schiller with a reasonable expectation of success. The motivation to modify the method of Aoki in view of Jeong further in view of Schiller is to improve information accessibility.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/JISUN CHOI/Examiner, Art Unit 3666
/SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666