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
The instant application having Application No. 18/683,678 filed on February 14, 2024 is presented for examination by the examiner.
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 the M.P.E.P. 214.03, acknowledgement is made of applicant’s claim for priority based on applications filed on August 18, 2021 (Japan 2021-133478).
Receipt is acknowledged of papers submitted under 37 CFR 1.55, which papers have been placed of record in the file.
Drawings
The applicant’s drawings submitted on February 14, 2024 are acceptable for examination purposes.
Information Disclosure Statement
As required by M.P.E.P. 609, the applicant’s submissions of the Information Disclosure Statements dated 2/14/2024; 12/19/2024 and 4/28/2025 are acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending.
Claim Rejections - 35 USC § 112
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 3-6 and 8 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.
Regarding claim 3, the limitations “wherein the elastic member is composed of a leaf spring and the display apparatus includes a fixation part fixed to the apparatus body, and an elastic contact piece that is in elastic contact with the optical element and urges the optical element in the axial direction and in the direction around the axis” are indefinite because as written, it is not clear what the elastic contact piece is an element of. From the context of the specification, it is assumed that the elastic contact piece is part of the leaf spring, however, because of the order in which the limitations are laid out, that relationship is not clear. This is an issue because claim 1 required that both functions of urging the optical element in the axial direction and the direction around the axis be performed by a single elastic member, which would normally preclude additional elastic components that contribute to these functions. To overcome this indefiniteness rejection the examiner recommends amending claim 3 as follows:
3. (proposed amendment) The display apparatus according to claim 2, wherein the elastic member is composed of a leaf spring including
an elastic contact piece that is in elastic contact with the optical element and urges the optical element in the axial direction and in the direction around the axis.
Appropriate correction is required.
Regarding claim 4, the limitations “wherein the elastic member is composed of a leaf spring and the display apparatus includes a fixation part fixed to the apparatus body, a first elastic contact piece that urges the optical element in the axial direction, and a second elastic contact piece that urges the optical element in the direction around the axis” are indefinite because as written, it is not clear what the first elastic contact piece and second elastic contact piece are elements of. From the context of the specification, it is assumed that the elastic contact pieces are part of the leaf spring, however, because of the order in which the limitations are laid out, that relationship is not clear. This is an issue because claim 1 required that both functions of urging the optical element in the axial direction and the direction around the axis be performed by a single elastic member, which would normally preclude additional elastic components that contribute to these functions. To overcome this indefiniteness rejection the examiner recommends amending claim 4 as follows:
4. (proposed amendment) The display apparatus according to claim 2, wherein and the elastic member is composed of a leaf spring including
a first elastic contact piece that urges the optical element in the axial direction, and
a second elastic contact piece that urges the optical element in the direction around the axis.
Appropriate correction is required.
Regarding claim 5, the limitations “wherein the elastic member is composed of a leaf spring and the display apparatus includes a fixation part fixed to the apparatus body, and
an elastic contact piece that generates component forces for urging the optical element in the axial direction and in the direction around the axis” are indefinite because as written, it is not clear what the elastic contact piece is an element of. From the context of the specification, it is assumed that the elastic contact piece is part of the leaf spring, however, because of the order in which the limitations are laid out, that relationship is not clear. This is an issue because claim 1 required that both functions of urging the optical element in the axial direction and the direction around the axis be performed by a single elastic member, which would normally preclude additional elastic components that contribute to these functions. To overcome this indefiniteness rejection the examiner recommends amending claim 5 as follows:
5. (proposed amendment) The display apparatus according to claim 2, wherein the elastic member is composed of a leaf spring including
an elastic contact piece that generates component forces for urging the optical element in the axial direction and in the direction around the axis.
Appropriate correction is required.
Regarding claim 6, the limitation “a flange part adjacent in the axial direction” is indefinite because the claim does not specify what the flange part is adjacent to. Possible choices are limitless but include adjacent to the rotation mechanism, adjacent to the single elastic member, adjacent to the bearing, etc.
Appropriate correction is required.
Regarding claim 8, the limitation “a coupling part of the rotary shaft” is indefinite because claim 6, on which claim 8 depends already recited “the rotary shaft includes… a coupling part”. Thus it is unclear whether or not these two coupling parts of the rotary shaft are or are not required to be the same coupling part. In the instant application, in any given embodiment, there is only one coupling part 36 or 36a. Therefor the examiner recommends amending claim 8 to recite “the [[a]] coupling part of the rotary shaft”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 1-2 and 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ogura US 2019/0285889 A1 (cited in an IDS, hereafter Ogura).
Regarding claim 1, Ogura teaches “A display apparatus (head-up display device 100) comprising an optical element (second reflecting mirror 116) that is configured to project (e.g. Fig. 1A and paragraph [0025]: “The display light 50 reflected by the second reflecting mirror 116 penetrates the opening cover 118 provided over the opening of the casing 110 and travels toward the windshield 14”), on a translucent member of a vehicle (windshield 14), image light (display light 50) of an image displayed on an image display unit (display device 112), wherein
the optical element is supported on an apparatus body (casing 110) and is able to pivot with a rotation mechanism in a direction around an axis (e.g. paragraph [0029]: “the second reflecting mirror 116 is made rotatable in the directions indicated by the arrow shown in FIG. 3. To rotate the second reflecting mirror 116, a rotating device (not illustrated) disposed within the casing 110 holds the second reflecting mirror 116.”), and
the display apparatus comprises a single elastic member (spring 280) that urges the optical element in an axial direction (Fig. 7B, paragraph [0041] “To prevent the wobble in the axial directions, a coil spring provided by the winding part 282 is used… The elastic deformation restrains the leftward move of the second gear 240, thereby preventing the wobble of the second reflecting mirror 116 in the axial directions.) and in the direction around the axis (Fig. 7B, paragraph [0040]: “To prevent the wobble in the rotating directions, a torsion spring constituted by the first arm 284 and the second arm 286 located at the both ends of the winding part 282 is used… The elastic deformation restrains the reduction of the distance between the first arm 284 and the second arm 286, thereby also restraining a change of position of the gear part 242. Consequently, the move of the second reflecting mirror 116 is restrained, so that the wobble of the second reflecting mirror 116 in the rotating directions can be prevented.).”
Regarding claim 2, Ogura teaches “The display apparatus according to claim 1, wherein the optical element includes a rotary shaft (second gear 240 including protruding part 246 and holding part 248), and the rotary shaft is pivotally supported (e.g. paragraph [0032]: the gear part 242 rotates about the second rotational axis C2.”) on a bearing (supporting part 260) provided in the apparatus body (260 is in 110) and is coupled to the rotation mechanism (e.g. paragraph [0032]: “The first gear 230 is meshed with the gear part 242 of the second gear 240.”).”
Regarding claim 6, Ogura teaches “The display apparatus according to claim 2, wherein:
the rotary shaft includes a flange part (shaft collar 270) adjacent in the axial direction (270 is adjacent to 280 for example), and a coupling part (e.g. second gear 240) coupled to the rotation mechanism (e.g. paragraph [0032]: “The first gear 230 is meshed with the gear part 242 of the second gear 240.”); and
the elastic member performs the urging such that the flange part comes into contact with the bearing in the axial direction (see Figs. 5 and 6A, 280 urges between 290 and 270, pushing 270 into contact with supporting part 260).”
Regarding claim 7, Ogura teaches “The display apparatus according to claim 2, wherein:
the optical element includes an arm part (gear part 242) extending in a radial direction of the rotary shaft (see e.g. Fig. 6B where the gear part extends radially away from the shaft); and
the elastic member urges the arm part in the direction around the axis of the rotary shaft (paragraph [0040]: “The elastic deformation restrains the reduction of the distance between the first arm 284 and the second arm 286, thereby also restraining a change of position of the gear part 242.”).”
Regarding claim 8, Ogura teaches “The display apparatus according to claim 6, wherein;
the rotation mechanism includes a tilting bracket (holding part 248) that is tilted by an actuator (at least motor 210) with a shaft coupling part (supporting part 260) serving as a fulcrum (e.g. paragraph [0035]: “The protruding part 246 of the second gear 240 is made to penetrate through the through hole 266… the supporting part 260 supports the second gear 240 and the second reflecting mirror 116.”); and
a coupling part of the rotary shaft (second gear 240) is integrally coupled with the shaft coupling part in the direction around the axis (e.g. paragraph [0035]: “The protruding part 246 of the second gear 240 is made to penetrate through the through hole 266.”).”
Regarding claim 9, Ogura teaches “The display apparatus according to claim 1, wherein the optical element is a concave mirror (paragraph [0033]: “The second reflecting mirror 116 may be, for example, a concave mirror”) and is tilted such that an angle of a reflecting surface of the optical element is changed relative to the windshield (windshield 14, see Fig. 3 and paragraph [0029]: “the display position of the virtual image 52 is to be adjusted in the vertical directions. In order to achieve the configuration, the second reflecting mirror 116 is made rotatable in the directions indicated by the arrow shown in FIG. 3.”).”
Regarding claim 10, Ogura teaches “The display apparatus according to claim 9, wherein:
the display apparatus is configured as a head up display (head-up display device 100) for an automobile (vehicle 10); and
the windshield is a windscreen of the automobile (see Fig. 1A and paragraph [0027]).”
Allowable Subject Matter
Claims 3-5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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:
Reference will be made to Ogura US 2019/0285889 (hereafter Ogura), Kim JP 6808291 (cited in an IDS where reference will be made to the attached machine translation) and Oda JP 2021075248 (where reference will be made to the attached machine translation).
Regarding claim 3, the prior art taken either singly or in combination fails to teach or reasonably suggest the following limitation when taken in context of the claim as a whole: (claim 1) “a single elastic member that urges the optical element in an axial direction and in the direction around the axis” and (claim 3) “wherein the elastic member is composed of a leaf spring… an elastic contact piece that is in elastic contact with the optical element and urges the optical element in the axial direction and in the direction around the axis.”
In particular, Ogura anticipates claim 1, but teaches a coil-spring as the single elastic member, where the winding of the spring and its arms are integral to performing the functions of claim 1. Kim teaches that a leaf spring can be used in place of a coil spring, however, there is no evidence that the elastic member of Kim performs the function of claim 1 of urging the optical element in an axial direction. Thus Kim does not inform an ordinary skilled artisan how to make a leaf spring that would perform both functions of claim 1. Lastly, Oda teaches a leaf spring 62 that urges the optical element in an axial direction and a tension spring 68 that urges the optical element in a direction around the axis of rotation, however, these are two separate springs. Thus Oda does not cure the deficiencies of Ogura.
Thus, changing the spring of Ogura to be a leaf spring with the recited elements is not suggested by the prior art, and is not a matter of simple substitution. Rather, such a modification would only be suggested through improper hindsight.
Regarding claim 4, the prior art taken either singly or in combination fails to teach or reasonably suggest the following limitation when taken in context of the claim as a whole: (claim 1) “a single elastic member that urges the optical element in an axial direction and in the direction around the axis” and (claim 4) “wherein the elastic member is composed of a leaf spring… a first elastic contact piece that urges the optical element in the axial direction, and a second elastic contact piece that urges the optical element in the direction around the axis.”
In particular, as explained above, changing the spring of Ogura to be a leaf spring with the recited elements is not suggested by the prior art, and is not a matter of simple substitution. Rather, such a modification would only be suggested through improper hindsight.
Regarding claim 5, the prior art taken either singly or in combination fails to teach or reasonably suggest the following limitation when taken in context of the claim as a whole: (claim 1) “a single elastic member that urges the optical element in an axial direction and in the direction around the axis” and (claim 5) “wherein the elastic member is composed of a leaf spring… an elastic contact piece that generates component forces for urging the optical element in the axial direction and in the direction around the axis.”
In particular, as explained above, changing the spring of Ogura to be a leaf spring with the recited elements is not suggested by the prior art, and is not a matter of simple substitution. Rather, such a modification would only be suggested through improper hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARA E RAKOWSKI whose telephone number is (571)272-4206. The examiner can normally be reached 9AM-4PM ET M-F.
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/CARA E RAKOWSKI/ Primary Examiner, Art Unit 2872