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 .
DETAILED ACTION
Response to Amendment
The amendment filed on 03/28/2026 has been entered. Claims 1-4 are now pending in the application. Claims 1 and 2 have been amended and new claims 3 and 4 have been added by the Applicant. Previous claims 1-2 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph have been withdrawn in light of Applicant’s amendments to claim 1.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
Priority
As required by e M.P.E.P. 210, 214.03, acknowledgement is made of applicant’s claim for priority based on Continuation of PCT/JP2022/047655 , filed 12/23/2022 that claims foreign priority to JP 2022-002804, filed 01/12/2022 (Japan).
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
However, to overcome a prior art rejection, applicant(s) must submit a translation of the foreign priority papers in order to perfect the claimed foreign priority because said papers has not been made of record in accordance with 37 CFR 1.55. See MPEP § 213.04
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 1, 3-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishikawa et al. (hereafter Ishikawa, of record see IDS dated 03/08/2024) US 20080238814 A1.
In regard to independent claim 1, Ishikawa teaches (see Figs. 1-23,25-28) a vehicle display device (e.g. head-up display apparatus a vehicle, title, abstract, paragraphs [2,13-14,57-70,113-123]) comprising:
a housing mounted on a vehicle (i.e. housing space inside instrument panel 2 for HUD apparatus 1, paragraphs [2,13-14,57-70], Figs. 1-2,6,18), the housing having an opening facing a windshield (i.e. light guide portion 2a of 2 facing front windshield 9, paragraphs [2,13-14,57-70], Figs. 1-2,6,18);
an image display device (5 display device, paragraphs [58-63], Figs. 1-2) that outputs display light of an image (5 emits, projects image light 80 image information, display image 4, paragraphs [58-63], Figs. 1-2), the image display device disposed inside the housing (5 is inside 2 housing space, as depicted in Figs. 1-2,e.g. paragraphs [58-63]);
a mirror that reflects the display light towards the windshield (as mirror 6 reflects image light 80 towards 9, as depicted in Figs. 1-2,e.g. paragraphs [58-63]), the mirror disposed inside the housing and facing the windshield via the opening (as 6 is inside 2 housing space and faces 9 though light guide portion 2a, as depicted in Figs. 1-2,e.g. paragraphs [58-63]); and
a cover that transmits the display light (as cylindrical free-form lens 7,700,710,720 also functioning as a cover for interior of HUD 1 inside 2, as depicted in Figs. 1-5,15-19, e.g. paragraphs [58-63,119-12,125,151]), the cover being transparent and disposed in the opening (as 7,700,710,720 is a lens, and closes the guide opening 2a, as depicted in Figs. 1-5,15-19, e.g. paragraphs [58-63,65-72, 116-120,125]),
wherein
the cover has an outer surface facing the windshield and an inner surface facing the mirror (i.e. as lens 7,700,710,720 has inner, incident side surface 7a,71,702,712,722 facing the mirror 6 and outer pass-through side surface 7b, 70,701,711,721 facing 9, as depicted in Figs. 1-2, 15-19, e.g. paragraphs [58-63, 67-72,116-120,125]) and is curved towards an inside of the housing (as 7a,71,702,712,722 is so curved, as depicted in Figs. 1-2, e.g. paragraphs [58-63, 67-72,116-120,125]),
the outer surface has a curved shape in a first plane and a linear shape in a second plane that intersects the first plane (i.e. as outer surface 7b, 711,721 facing 9 of lens 7 has curved shape in first plane e.g. b-g, and has a linear shape in second plane e.g. a-g that intersects the first plane, as depicted in Fig. 16A-B, 17A-B, 18A-B, paragraphs [58-63, 67-72,116-120]), and the inner surface is a freeform curve in each of the first plane and the second plane (i.e. as 7 with lens formation surface 71, 702,712,722 is free-form curved with curved in first plane e.g. b-g, and in second plane e.g. a-g, as depicted in Fig. 16A-B, 17A-B, 18A-B, paragraphs [58-63, 67-72,116-120], that as a free-form lens surface is correcting aberration, distortions, e.g. paragraphs [58-63,114,116-125]).
Regarding claim 3, Ishikawa teaches (see Figs. 1-23,25-28) that the outer surface is a concave curve in the first plane (i.e. as outer surface 7b, 711,721 facing 9 of lens 7 has concave curved shape in first plane as depicted in Figs. 16A-B, 17A-B, 18A-B, paragraphs [58-63, 67-72,116-120]),
Regarding claim 4, Ishikawa teaches (see Figs. 1-23,25-28) that wherein the inner surface is a convex curve in the first plane (as 7a,71,702,712,722 is convex curve surface in the first plane, as depicted in Figs. 16A-B, 17A-B, 18A-B, paragraphs [58-63, 67-72,116-120]).
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 (i.e., changing from AIA to pre-AIA ) 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa et al. (hereafter Ishikawa, of record see IDS dated 03/08/2024) US 20080238814 A1.
Regarding claim 2, Ishikawa teaches (see Figs. 1-23,25-28) that the cover (7) has a predetermined optical path (i.e. as optical path of transmitting image light 81, as depicted in Figs. 1-2, 5, paragraphs [58-63, 65-72]), the predetermined optical path being an optical path of the display light traveling towards an eye point of the vehicle (i.e. as transmitted image light 81 originates as image light 80 as display device 5, and travels as image light 82 passed through cover lens 7, being reflected at 9 and as image light 83 that arrives at eye range 3 of the driver’ eye, 1-2, 5, paragraphs [3-12, 58-63, 65-72]), and the cover sets the separation angle in the display light emitted towards the windshield through the predetermined optical path to less than [mrad] (as light dispersion angle in 7 due to chromatic dispersion of the display light transmitting through, paragraphs [119-120,125,151]).
Ishikawa therefore teaches the invention except that cover sets the separation angle in the display light emitted towards the windshield through the predetermined optical path to less than or equal to 1 [mrad].
However, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to optimize the free-form lens surface, placement and lenses’ material of cover lens (7) forming achromatizing, achromatic, apochromatic lens, or the like lens constructed by combining multiple lens formed of materials, different in refractive index and chromatic dispersion, so that chromatic aberration is corrected and the very small chromatic dispersion, and that the separation angle in the above range is obtained and in order to achieve very small chromatic aberration, reduce distortions in the display image and further enhance the visibility of the display image (see paragraphs [119-120,125,151]) and, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art, In re Aller, 105 USPQ 233 (C.C.P.A. 1955). In the current instance, chromatic dispersion leading to chromatic aberrations due to refractive index variation is an art-recognized results effective variable in that the chromatic dispersion affect the chromatic aberrations and image quality and visibility (see paragraphs [119-120,125,151]). Thus, one would have been motivated to optimize to optimize the free-form lens surface, placement and lenses’ material of cover lens (7) forming achromatizing, achromatic, apochromatic lens, or the like lens constructed by combining multiple lens formed of materials, different in refractive index and chromatic dispersion, so that chromatic aberration is corrected and the very small chromatic dispersion, very small separation angle in the above range is obtained and in order to achieve very small chromatic aberration, reduce distortions in the display image and further enhance the visibility of the display image (see paragraphs [119-120,125,151]), and because it is an art-recognized result-effective variable and it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art, In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See MPEP §2144.05(II)(B) “after KSR, the presence of a known result-effective variable would be one, but not the only, motivation for a personal of ordinary skill in the art to experiment to reach another workable product or process.” Furthermore, one of ordinary skill in the art would have a reasonable expectation of success when making this modification because selecting materials for lenses based on the index of refraction and optimizing free-form lens surface to reduce aberrations is a routine activity in lens design.
Response to Arguments
Applicant's arguments filed in the remarks dated 03/28/2026 have been fully considered but they are not persuasive. Specifically, Applicant argues on page 5-6 of the Remarks, that Ishikawa does not disclose that (1) “the outer surface has a curved shape in a first plane” and “the inner surface is a freeform curve in each of the first plane and the second plane”, because allegedly Ishikawa only disclose that the outer surface is flat surface and does not specify the free-form surface(s) of the lens . The Examiner respectfully disagrees. With respect to issue (1), as noted in the rejection above, Ishikawa teaches all limitations of amended claim1, as Ishikawa teaches (see Figs. 1-23,25-28) a vehicle display device (e.g. head-up display apparatus a vehicle, title, abstract, paragraphs [2,13-14,57-70,113-123]) comprising:
a housing mounted on a vehicle (i.e. housing space inside instrument panel 2 for HUD apparatus 1, paragraphs [2,13-14,57-70], Figs. 1-2,6,18), the housing having an opening facing a windshield (i.e. light guide portion 2a of 2 facing front windshield 9, paragraphs [2,13-14,57-70], Figs. 1-2,6,18);
an image display device (5 display device, paragraphs [58-63], Figs. 1-2) that outputs display light of an image (5 emits, projects image light 80 image information, display image 4, paragraphs [58-63], Figs. 1-2), the image display device disposed inside the housing (5 is inside 2 housing space, as depicted in Figs. 1-2,e.g. paragraphs [58-63]);
a mirror that reflects the display light towards the windshield (as mirror 6 reflects image light 80 towards 9, as depicted in Figs. 1-2,e.g. paragraphs [58-63]), the mirror disposed inside the housing and facing the windshield via the opening (as 6 is inside 2 housing space and faces 9 though light guide portion 2a, as depicted in Figs. 1-2,e.g. paragraphs [58-63]); and
a cover that transmits the display light (as cylindrical free-form lens 7,700 also functioning as a cover for interior of HUD 1 inside 2, as depicted in Figs. 1-5,19, e.g. paragraphs [58-63,119-12,125,151]), the cover being transparent and disposed in the opening (as 7,700,701,710,720 is a lens, and closes the guide opening 2a, as depicted in Figs. 1-5,15-19, e.g. paragraphs [58-63,65-72, 116-120,125]),
wherein
the cover has an outer surface facing the windshield and an inner surface facing the mirror (i.e. as lens 7,700,710,720 has inner, incident side surface 7a,71,702,712,722 facing the mirror 6 and outer pass-through side surface 7b, 70,701,711,721 facing 9, as depicted in Figs. 1-2, 15-19, e.g. paragraphs [58-63, 67-72,116-120,125]) and is curved towards an inside of the housing (as 7a,71,702,712,722 is so curved, as depicted in Figs. 1-2, e.g. paragraphs [58-63, 67-72,116-120,125]),
the outer surface has a curved shape in a first plane and a linear shape in a second plane that intersects the first plane (i.e. as outer surface 7b, 711,721 facing 9 of lens 7 has curved shape in first plane e.g. b-g, and has a linear shape in second plane e.g. a-g that intersects the first plane, as depicted in Fig. 16A-B, 17A-B, 18A-B, paragraphs [58-63, 67-72,116-120]), and the inner surface is a freeform curve in each of the first plane and the second plane (i.e. as 7 with lens formation surface 71, 702,712,722 is free-form curved with curved in first plane e.g. b-g, and in second plane e.g. a-g, as depicted in Fig. 16A-B, 17A-B, 18A-B, paragraphs [58-63, 67-72,116-120], that as a free-form lens surface is correcting aberration, distortions, e.g. paragraphs [58-63,114,116-125]).
Specifically, Ishikawa teaches the cover that transmits the display light, i.e. as cylindrical free-form lens 7,700,710,720 also functioning as a cover for interior of HUD 1 inside 2, as depicted in Figs. 1-5,19, (see e.g. paragraphs [58-63,119-12,125,151]), where the cover being transparent and disposed in the opening (as 7,700,710,720 is a lens, and closes the guide opening 2a, as depicted in Figs. 1-5,15-19, e.g. paragraphs [58-63,65-72, 116-120,125]), and further teaches that the cover has an outer surface facing the windshield and an inner surface facing the mirror (i.e. as lens 7,700,710,720 has inner, incident side surface 7a,71,702,712,722 facing the mirror 6 and outer pass-through side surface 7b, 70,701,711,721 facing 9, as depicted in Figs. 1-2, 15-19, e.g. paragraphs [58-63, 67-72,116-120,125]) and is curved towards an inside of the housing (as 7a,71,702,712,722 is so curved, as depicted in Figs. 1-2, e.g. paragraphs [58-63, 67-72,116-120,125]).
Ishikawa expressly teaches that the outer surface has a curved shape in a first plane and a linear shape in a second plane that intersects the first plane, i.e. as outer surface 7b, in modified first embodiment as 711,721 facing 9 of lens 7, 700,710,720 has curved shape in first plane e.g. b-g, and has a linear shape in second plane e.g. a-g that intersects the first plane, as depicted in Fig. 16A-B, 17A-B, 18A-B, (see paragraphs [58-63, 67-72,116-120]), and that the inner surface is a freeform curve in each of the first plane and the second plane, i.e. as 7 in modified first embodiment with lens formation surface 712,722 is free-form curved with curved in first plane e.g. b-g, and in second plane e.g. a-g, as clearly depicted in Fig. 16A-B, 17A-B, 18A-B, paragraphs [58-63, 67-72,116-120], that as a free-form lens surface is correcting aberration, distortions, e.g. paragraphs [58-63,114,116-125]). Therefore Ishikawa expressly discloses limitation noted under issue (1) above. Applicant’s arguments are not found persuasive.
Additionally, it is noted that "[t]he use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain.” In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968))." MPEP §2123.
No additional substantial arguments were presented after page 6 of the remarks dated 03/28/2026.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIN PICHLER whose telephone number is (571)272-4015. The examiner can normally be reached Monday-Friday 8:30am -5:00pm.
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/MARIN PICHLER/Primary Examiner, Art Unit 2872
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