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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 1-12 and 1-9 of U.S. Patent Nos. 11,256,462; 11,822,849 and 12,141,493 respectively. Although the claims at issue are not identical, they are not patentably distinct from each other because the metes and bounds of the claims of this application would obviously have been construed from those of the patent by one having ordinary skill in the art at the time the invention was filed.
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.
(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) s 1,2 and 6 -7is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by TACHIBANA et al. 2020/0180434.
The PG Pub to TACHIBANE discloses in paragraphs 56-59 and Figures 6-8 all features of the claimed invention.
[0056] The third display device 4c is provided in the vehicle interior and has the largest movement amount of gaze of the driver gazing an area in front of the vehicle. The third display device 4c has a monitor driver 4c-1 and a monitor 4c-2. The monitor driver 4c-1 is a drive device that causes the monitor 4c-2 to display. The monitor 4c-2 displays display information input from the monitor driver 4c-1. The monitor driver 4c-1 controls the display on the monitor 4c-2 on the basis of an instruction from the display control device 3a.
[0057] A wireless communication device 5 wirelessly communicates with an external communication device. For example, the wireless communication device 5 functions as an intelligent transport system (ITS) device. In the wireless communication device 5, a transmission unit 5b transmits an information request signal to the external device via an antenna 5a via the antenna 5a, and a reception unit 5c receives road traffic information from the external device via the antenna 5a. The road traffic information is output from the wireless communication device 5 to the control ECU 2.
[0058] FIG. 2 is a view showing the appearance of the first display device 4a, the second display device 4b, and the third display device 4c. In FIG. 2, the first display device 4a is a head-up display that uses a combiner disposed between the driver and a windshield as a projection target of display information. The combiner described above corresponds to the monitor 4a-2. The second display device 4b is a meter panel disposed in front of the steering wheel. The third display device 4c is a monitor disposed on a center console.
[0059] While driving the vehicle, the driver is gazing an area in front of the vehicle. Therefore, the movement amount of the driver's gaze to see the content displayed on the combiner is the smallest, and the movement amount of the driver's gaze to see the content displayed on the meter panel is the second smallest. When seeing the content displayed on the monitor disposed on the center console, the driver needs to greatly move his/her gaze from the area in front of the vehicle to the center console.
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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.
Claim(s) s 3- 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over TACHIBANA ‘434.
The use of any combinations of display screens as to orientation and information about the distance and time to a destination or location of an action is considered obvious to one having ordinary skill in the art of information display in order to make the display information useful to the user as is old and well known in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD M CAMBY whose telephone number is (571)272-6958. The examiner can normally be reached M - F flex.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter D Nolan can be reached on 571 270 7016. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD M CAMBY/Primary Examiner, Art Unit 3661
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