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 .
Election/Restrictions
Applicant’s election without traverse of Species B, claims 9-17, in the reply filed on 05/15/2026 is acknowledged.
Claims 1-8 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species A, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/15/2026.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 9, 10, 16 and 17 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Fujita US 2021/0389596.
Regarding claim 9, Fujita discloses an image projecting device (10), in at least figs.1-5B, for emitting a projection image on a display unit (3) configured to display a virtual image (8)(see fig.1), the image projecting device comprising:
an image irradiation unit (51) configured to emit a first image (see fig.1);
a first optical unit (52) configured to emit, as first image light, the first image in a viewpoint direction, via the display unit (see fig.1); and
a first optical drive unit (53) configured to change an incident angle of the first image light to the display unit, based on vibration information (see figs.1 and 2B and para.8-10).
Regarding claim 10, Fujita discloses further comprising: a vibration detection unit (a gyro sensor 43 and/or 12, para.8 and 9 and fig.2B) configured to detect vibration and to acquire the vibration information (para.8 and 9); and
a correction control unit (an image data generation unit, para.8 or CPU 13 see fig.2B) configured to: calculate a correction amount of the incident angle, based on the vibration information; and control the first optical drive unit, in accordance with the correction amount, to correct an imaging position of the first image (para.8 and 9 and figs.2B and 1).
Regarding claim 16, Fujita discloses the first optical drive unit is configured to change an angle of any of optical members forming the first optical unit (see figs.1 and 2B).
Regarding claim 17, Fujita discloses an image projecting method, in at least figs.1-5B, for emitting a projection image on a display unit (3) configured to display a virtual image (8)(see fig.1), the image projecting method comprising:
emitting a first image (see fig.1), as first image light, in a viewpoint direction, via the display unit (see figs.1 and 2B);
acquiring vibration information (12, see para.8 and 9 and fig.2B); and
changing an incident angle of the first image light to the display unit, based on the vibration information to correct an imaging position of the first image (see para.8 and 9, and figs.2B and 1).
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(s) 11, 12 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujita US 2021/0389596 as applied to claim 9 above, and further in view of Morohashi JP 20160173583A (provided English translation in IDS filed on 04/05/2024).
Regarding claims 11 and 12, Fujita does not explicitly disclose the image irradiation unit is further configured to emit a second image, and the image projecting device further includes a second optical unit configured to emit the second image, as second image light, in the viewpoint direction, via the display unit, an imaging position of the virtual image of the first image is farther from a viewpoint position than an imaging position of the virtual image of the second image.
Morohashi discloses an image projecting device, in at least figs.1 and 3, the image irradiation unit (21) is further configured to emit a second image (L2), and the image projecting device further includes a second optical unit (232) configured to emit the second image, as second image light, in the viewpoint direction, via the display unit (40 or 200), an imaging position of the virtual image (V1) of the first image is farther from a viewpoint position than an imaging position of the virtual image (V2) of the second image for the purpose of providing a projection device is capable of display a display image having a plurality of display distances (para.5).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the image irradiation unit is further configured to emit a second image, and the image projecting device further includes a second optical unit configured to emit the second image, as second image light, in the viewpoint direction, via the display unit, an imaging position of the virtual image of the first image is farther from a viewpoint position than an imaging position of the virtual image of the second image as taught by Morohashi in the image projecting device of Fujita for the purpose of providing a projection device is capable of display a display image having a plurality of display distances.
Regarding claim 15, Fujita in view of Morohashi does not explicitly disclose further comprising: a second optical drive unit configured to change an incident angle of the second image light to the display unit, based on the vibration information.
However, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a second optical drive unit configured to change an incident angle of the second image light to the display unit, based on the vibration information since it was known in the art that having “a first optical drive unit configured to change an incident angle of the first image light to the display unit, based on the vibration information” as disclosed by Fujita for the purpose of correcting a display position of an image without seeming strange to a driver in relation to a vibration of a vehicle (para.7 and 10).
Allowable Subject Matter
Claims 13 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 13, the prior art of record does not disclose or suggest the claim limitations of “further comprising: a light branching unit configured to branch the first image light and the second image light, wherein the first optical drive unit is configured to change an angle of the light branching unit to the image irradiation unit”, along with other claim limitations. Claim 14 is depended on claim 13 so it is allowable for the same reason.
Fujita US 2021/0389596 and Morohashi JP 20160173583A either singularly or in combination, does not disclose or suggest the claim limitations of “further comprising: a light branching unit configured to branch the first image light and the second image light, wherein the first optical drive unit is configured to change an angle of the light branching unit to the image irradiation unit”, along with other claim limitations. Claim 14 is depended on claim 13 so it is allowable for the same reason.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIA X PAN whose telephone number is (571)270-7574. The examiner can normally be reached M-F: 11:00AM - 5:00PM.
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/JIA X PAN/Primary Examiner, Art Unit 2871
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