Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This communication is responsive to Application No. 18/955,371 and the claims filed on 11/21/2024.
3. Claims 1-10 are presented for examination.
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 11/21/2024 has been fully considered by the Examiner.
Claim Objections
5. Claims 1-6 and 9-10 are objected to because of the following informalities:
Regarding claim 1, the term “in cases in which” recited in lines 6 and 10 of claim 1 should read “when” to avoid a conditional limitation.
Regarding Claim 2, the term “in cases in which” recited in line 2 of claim 2 should read “when” to avoid a conditional limitation.
Regarding Claim 3, the term “in cases in which” recited in line 1 and the term “cases in which” recited in line 3 of claim 2 should both read “when” to avoid a conditional limitation.
Regarding Claim 4, the term “in cases in which” recited in lines 2-3 of claim 4 should read “when” to avoid a conditional limitation.
Regarding Claim 5, the term “in cases in which” recited in line 1 of claim 5 should read “when” to avoid a conditional limitation.
Regarding Claim 6, the term “in cases in which” recited in lines 7, 12, 17, and 22 of claim 6 should read “when” to avoid a conditional limitation.
Regarding Claim 9, the term “in cases in which” recited in lines 5 and 9 of claim 9 should read “when” to avoid a conditional limitation.
Regarding Claim 10, the term “in cases in which” recited in lines 5 and 9 of claim 10 should read “when” to avoid a conditional limitation.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
6. 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.
7. 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.
8. Claim(s) 1, 4, 7, 8, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kosaka et al. (US 20180240258 A1 hereinafter Kosaka).
Regarding Claim 1, Kosaka teaches a display control device comprising: a memory; and a processor coupled to the memory ([0036] via “FIG. 2 is a functional block configuration diagram of the vehicular display device 100. … Note that the functional blocks are configured by information processors such as a CPU and storage devices such as a memory and a hard disk drive.”), the processor being configured to:
display a mark in a display area of a display device at a position corresponding to a position of a target object ([0046] via “The display processor 130 displays the marker image
200 corresponding to the position of the preceding vehicle Vp detected by the preceding vehicle detector 110 on the HUD image display 140. Specifically, the display processor 130
displays the marker image 200 in the display area DA.”), (Note: The Examiner interprets the preceding vehicle Vp of Kosaka as the target object.), as represented by position information output from a detection section for detecting target objects ([0073] via “As illustrated in FIG. 3, the vehicular display device 100 detects the position of the preceding vehicle Vp (S10).”), in cases in which a change amount of a position of the target object, as represented by the position information or a physical quantity derived from this change amount is a first specific value or lower ([0042] via “The determiner 120 determines whether the preceding vehicle Vp is located in the display area DA or not, based on the position of the preceding vehicle Vp detected by the preceding vehicle detector 110.”), ([0046] via “The display processor 130
displays the marker image 200 corresponding to the position of the preceding vehicle Vp detected by the preceding vehicle detector 110 on the HUD image display 140. Specifically, the display processor 130 displays the marker image 200 in the display area DA.”), ([0079] via “When the entire preceding vehicle Vp is located in the display area DA, the vehicular display device 100 generates a normal marker image 200 (S50). Meanwhile, when the preceding vehicle Vp is located partially or entirely outside the display area DA, the vehicular display device 100 generates the marker image 200 for the case where the preceding vehicle Vp is located partially or entirely outside the display area DA (S60).”), (Note: The Examiner interprets the preceding vehicle Vp being within the display area DA of Kosaka as the change amount being a first specific value or lower.); and
limit movement of a display position of the mark in the display area of the display device, in cases in which the change amount or the physical quantity has exceeded a second specific value that is the first specific value or greater ([0130] via “As illustrated in FIGS. 8B and 8C, when the preceding vehicle Vp is located on the outer side DOL of the side edge DL of the display area DA, the vehicular display device 100 continues to display the marker image 200
with the predetermined width.”), ([0133] via “FIG. 8E illustrates a relationship between the position of the preceding vehicle Vp and the center (P0, P1) of the marker image 200. As illustrated in FIG. 8E, the center of the marker image 200 is moved toward the side edge DL (or side edge DR) depending on the position of the preceding vehicle Vp. When the center of the marker image 200 reaches the position P0, the marker image 200 is not moved further and is maintained at the position P0 even if the position of the preceding vehicle Vp moves further to the outer side DOL (or outside DOR).”), (Note: See Figures 4-13 of Kosaka, specifically with reference to Figures 8A-E. The Examiner interprets the preceding vehicle Vp being positioned on the outer side/outside of the display area DA of Kosaka as exceeding a second specific value.).
Regarding Claim 4, Kosaka teaches the display control device of claim 1, wherein the processor is configured to make a movement amount of the display position of the mark a pre-set upper limit value or lower, in cases in which the change amount has exceeded a second threshold serving as the second specific value ([0130] via “As illustrated in FIGS. 8B and 8C, when the preceding vehicle Vp is located on the outer side DOL of the side edge DL of the display area DA, the vehicular display device 100 continues to display the marker image 200
with the predetermined width.”), ([0133] via “FIG. 8E illustrates a relationship between the position of the preceding vehicle Vp and the center (P0, P1) of the marker image 200. As illustrated in FIG. 8E, the center of the marker image 200 is moved toward the side edge DL (or side edge DR) depending on the position of the preceding vehicle Vp. When the center of the marker image 200 reaches the position P0, the marker image 200 is not moved further and is maintained at the position P0 even if the position of the preceding vehicle Vp moves further to the outer side DOL (or outside DOR).”), (Note: See Figures 8 and 11-13 of Kosaka as well. The Examiner interprets position P0 of the marker image 200 of Kosaka as the pre-set upper limit value.).
Regarding Claim 7, Kosaka teaches the display control device of claim 1, wherein the display device is a head-up display ([0028] via “In other words, the vehicular display device 100 includes a head-up display (HUD).”).
Regarding Claim 8, Kosaka teaches the display control device of claim 1, wherein the target object is a lead vehicle under following control performed by adaptive cruise control ([0073] via “As illustrated in FIG. 3, the vehicular display device 100 detects the position of the preceding vehicle Vp (S10). Moreover, the vehicular display device 100 detects the size of the preceding vehicle Vp (S20). Note that this description is based on the premise that the preceding vehicle Vp is locked on by the adaptive cruise control.”).
Regarding Claim 9, Kosaka teaches a display control method of processing executed by a computer ([0036] via “FIG. 2 is a functional block configuration diagram of the vehicular display device 100. … Note that the functional blocks are configured by information processors such as a CPU and storage devices such as a memory and a hard disk drive.”), the processing comprising:
displaying a mark in a display area of a display device at a position corresponding to a position of a target object ([0046] via “The display processor 130 displays the marker image
200 corresponding to the position of the preceding vehicle Vp detected by the preceding vehicle detector 110 on the HUD image display 140. Specifically, the display processor 130
displays the marker image 200 in the display area DA.”), (Note: The Examiner interprets the preceding vehicle Vp of Kosaka as the target object.), as represented by position information output from a detection section for detecting target objects ([0073] via “As illustrated in FIG. 3, the vehicular display device 100 detects the position of the preceding vehicle Vp (S10).”), in cases in which a change amount of a position of the target object, as represented by the position information or a physical quantity derived from this change amount is a first specific value or lower ([0042] via “The determiner 120 determines whether the preceding vehicle Vp is located in the display area DA or not, based on the position of the preceding vehicle Vp detected by the preceding vehicle detector 110.”), ([0046] via “The display processor 130
displays the marker image 200 corresponding to the position of the preceding vehicle Vp detected by the preceding vehicle detector 110 on the HUD image display 140. Specifically, the display processor 130 displays the marker image 200 in the display area DA.”), ([0079] via “When the entire preceding vehicle Vp is located in the display area DA, the vehicular display device 100 generates a normal marker image 200 (S50). Meanwhile, when the preceding vehicle Vp is located partially or entirely outside the display area DA, the vehicular display device 100 generates the marker image 200 for the case where the preceding vehicle Vp is located partially or entirely outside the display area DA (S60).”), (Note: The Examiner interprets the preceding vehicle Vp being within the display area DA of Kosaka as the change amount being a first specific value or lower.); and
limiting movement of a display position of the mark in the display area of the display device, in cases in which the change amount or the physical quantity has exceeded a second specific value that is the first specific value or greater ([0130] via “As illustrated in FIGS. 8B and 8C, when the preceding vehicle Vp is located on the outer side DOL of the side edge DL of the display area DA, the vehicular display device 100 continues to display the marker image 200
with the predetermined width.”), ([0133] via “FIG. 8E illustrates a relationship between the position of the preceding vehicle Vp and the center (P0, P1) of the marker image 200. As illustrated in FIG. 8E, the center of the marker image 200 is moved toward the side edge DL (or side edge DR) depending on the position of the preceding vehicle Vp. When the center of the marker image 200 reaches the position P0, the marker image 200 is not moved further and is maintained at the position P0 even if the position of the preceding vehicle Vp moves further to the outer side DOL (or outside DOR).”), (Note: See Figures 4-13 of Kosaka, specifically with reference to Figures 8A-E. The Examiner interprets the preceding vehicle Vp being positioned on the outer side/outside of the display area DA of Kosaka as exceeding a second specific value.).
Claim Rejections - 35 USC § 103
9. 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.
10. 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.
11. Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kosaka et al. (US 20180240258 A1 hereinafter Kosaka) in view of Lochmann (US 20240328810 A1 hereinafter Lochmann).
Regarding Claim 2, Kosaka teaches the display control device of claim 1, but is silent on wherein the processor is configured to stop movement of the display position of the mark, in cases in which an average or a standard deviation of the change amount serving as the physical quantity has exceeded a first threshold serving as the second specific value.
However, Lochmann teaches wherein the processor is configured to stop movement of the display position of the mark, in cases in which an average or a standard deviation of the change amount serving as the physical quantity has exceeded a first threshold serving as the second specific value ([0020] via “The restricted pose signal presets a speed of change of the object pose of the virtual object limited according to amount in the dynamic-limited contextual layer to a predetermined maximum value, which is greater than zero, in particular by a limitation according to amount to a maximum rotational rate. … By application of a limitation or a limiter, thus, the speed of change of the object pose with a slow change of the display pose (e.g. slow rotation of the head of the user) can change its object pose without delay or corresponding to this speed of the head, and only upon exceeding the maximum value, the virtual object with its actual pose temporarily or transiently remains behind the target pose to be taken. This is also referred to as rubber band effect. However, the shift and/or rotation of the object pose in the dynamic-limited contextual layer is continued until the virtual object has reached its correct target pose in the dynamic-limited contextual layer even if the head-mounted display is again static after a movement of the user.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Lochmann wherein the processor is configured to stop movement of the display position of the mark, in cases in which an average or a standard deviation of the change amount serving as the physical quantity has exceeded a first threshold serving as the second specific value. Doing so improves the user experience with the display by reducing uncomfortableness and motion sickness with the display, as stated by Lochmann ([0022] via “A development includes that the maximum value is adjusted as a function of a current value of the frame rate. Thus, depending on the currently available frame rate, thus the current value of the frame rate, the rubber band effect can be switched. Additionally or alternatively thereto, the maximum value can also be adjusted between different values in continuous or stepwise manner in at least two or three or four different steps. Hereto, experiments with test persons can be performed to adapt an adaptation to the current value of the frame rate to the effect that the viewing effort and/or the reduction of motion sickness in persons is achieved.”).
12. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kosaka et al. (US 20180240258 A1 hereinafter Kosaka) in view of Lochmann (US 20240328810 A1 hereinafter Lochmann), and further in view of Takatsudo et al. (US 20140226015 A1 hereinafter Takatsudo).
Regarding Claim 3, modified reference Kosaka teaches the display control device of claim 2, but is silent on wherein, in cases in which a distance to the target object is a specific distance or greater, the processor is configured to make the second specific value smaller than cases in which the distance to the target object is less than the specific distance.
However, Takatsudo teaches wherein, in cases in which a distance to the target object is a specific distance or greater, the processor is configured to make the second specific value smaller than cases in which the distance to the target object is less than the specific distance ([0111] via “As shown in FIGS. 13A and 13B, it is assumed that the animal 160 actually exists leftward and outwardly of a left-hand side edge of a road 131. When the animal 160 is sufficiently far from the vehicle 12, as shown in FIG. 13A, the animal 160 is positioned inside the central viewing angle β. As the vehicle 12 moves closer to the animal 160 while the animal 160 remains unchanged in position, as shown in FIG. 13B, the animal 160 becomes positioned outside of the central viewing angle β.”), ([0112] via “As the biological target becomes positioned farther from the vehicle 12, a corresponding biological icon tends to be displayed at a central position on the MID 28. Since a farther-distanced biological target, which exists within an attention calling distance, becomes more uncertain in position when the vehicle 12 actually moves closer toward the biological target, the MID 28 displays a corresponding biological icon at a central position, thereby calling attention from the driver.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Takatsudo wherein, in cases in which a distance to the target object is a specific distance or greater, the processor is configured to make the second specific value smaller than cases in which the distance to the target object is less than the specific distance. Doing so adjusts the position of the mark in the display area to a default position when the target object is located very far away from the vehicle and the target object’s position is uncertain, as stated above by Takatsudo in paragraph [0112].
13. Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kosaka et al. (US 20180240258 A1 hereinafter Kosaka) in view of Minemura et al. (US 20180114442 A1 hereinafter Minemura).
Regarding Claim 5, Kosaka teaches the display control device of claim 1, but is silent on wherein, in cases in which the change amount or the physical quantity has exceeded the second specific value, the processor is configured to determine the display position of the mark based on the position information that was detected prior to a timing at which the change amount or the physical quantity exceeded the second specific value.
However, Minemura teaches wherein, in cases in which the change amount or the physical quantity has exceeded the second specific value, the processor is configured to determine the display position of the mark based on the position information that was detected prior to a timing at which the change amount or the physical quantity exceeded the second specific value ([0179] via “If a target object 60, which was previously detected by the cruise-assist ECU 21, is not detected in a current cycle, the configuration of the cruise-assist ECU 21 stores the previous position of the target object, for example, the position detected in the immediately previous cycle. For this reason, the current position of the target object may be located outside the detection ranges Xlim1 and Xlim2.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Minemura wherein, in cases in which the change amount or the physical quantity has exceeded the second specific value, the processor is configured to determine the display position of the mark based on the position information that was detected prior to a timing at which the change amount or the physical quantity exceeded the second specific value. If the target object goes out of the detectable position range, the position of the target object is still able to be tracked as best as possible by using available known information, a stated above by Minemura.
14. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kosaka et al. (US 20180240258 A1 hereinafter Kosaka) in view of Takatsudo et al. (US 20140226015 A1 hereinafter Takatsudo).
Regarding Claim 6, Kosaka teaches the display control device of claim 1, wherein: the first specific value and the second specific value are set separately in a vehicle width direction and in a vehicle height direction ([0042] via “The determiner 120 determines whether the preceding vehicle Vp is located in the display area DA or not, based on the position of the preceding vehicle Vp detected by the preceding vehicle detector 110. Specifically, the determiner 120 is configured by a left-right difference calculator 121 and an area inside-outside determiner 123.”), (Note: See Figures 1 and 4-13 of Kosaka as well. The Examiner interprets the width direction as the lateral direction and the height direction as the depth direction.); and
the processor is configured to: set a display position of the mark for the vehicle width direction to a position corresponding to a position of the target object for the vehicle width direction, as represented by the position information, in cases in which the change amount or the physical quantity for the vehicle width direction is a first specific value or lower for the vehicle width direction ([0129] via “As illustrated in FIG. 8A, when the preceding vehicle Vp is located in the display area DA, the vehicular display device 100 displays the marker image 200 with a predetermined width below the preceding vehicle Vp. Moreover, the center P1 of the marker image 200 in the width direction matches the center of the preceding vehicle Vp in the width direction.”), (Note: See Figure 8A of Kosaka as well.), and
set the display position of the mark for the vehicle width direction such that movement of the display position of the mark for the vehicle width direction in the display area of the display device is limited, in cases in which the change amount or the physical quantity for the vehicle width direction has exceeded a second specific value for the vehicle width direction ([0130] via “As illustrated in FIGS. 8B and 8C, when the preceding vehicle Vp is located on the outer side DOL of the side edge DL of the display area DA, the vehicular display device 100
continues to display the marker image 200 with the predetermined width.”), ([0133] via “FIG. 8E illustrates a relationship between the position of the preceding vehicle Vp and the center (P0, P1) of the marker image 200. As illustrated in FIG. 8E, the center of the marker image 200
is moved toward the side edge DL (or side edge DR) depending on the position of the preceding vehicle Vp. When the center of the marker image 200 reaches the position P0, the marker image 200 is not moved further and is maintained at the position P0 even if the position of the preceding vehicle Vp moves further to the outer side DOL (or outside DOR).”), (Note: See Figures 8B-C of Kosaka as well.).
Kosaka is silent on to also set a display position of the mark for the vehicle height direction to a position corresponding to a position of the target object for the vehicle height direction, as represented by the position information, in cases in which the change amount or the physical quantity for the vehicle height direction is a first specific value or lower for the vehicle height direction, and set the display position of the mark for the vehicle height direction such that movement of the display position of the mark for the vehicle height direction in the display area of the display device is limited, in cases in which the change amount or the physical quantity for the vehicle height direction has exceeded a second specific value for the vehicle height direction.
However, Takatsudo teaches to set a display position of the mark for the vehicle height direction to a position corresponding to a position of the target object for the vehicle height direction, as represented by the position information, in cases in which the change amount or the physical quantity for the vehicle height direction is a first specific value or lower for the vehicle height direction ([0089] via “On the other hand, as shown in FIG. 9, when the person 110 is close to the vehicle 12 and the person 110 (biological area 74) exists on one of the first boundary lines 92L, a biological icon (human icon 86) is displayed at two locations on the MID 28, thereby indicating the person 110 in a highlighted manner to the driver.”), (Note: The Examiner interprets the person 110 of Takatsudo being ‘close’ to the vehicle as satisfying the first specific value or lower.), and
set the display position of the mark for the vehicle height direction such that movement of the display position of the mark for the vehicle height direction in the display area of the display device is limited, in cases in which the change amount or the physical quantity for the vehicle height direction has exceeded a second specific value for the vehicle height direction ([0089] via “As shown in FIG. 8, when the person 110 is far from the vehicle 12 and the person 110 (biological area 74) exists on one of the first boundary lines 92L, a biological icon (human icon 86) is displayed at one location on the MID 28. On the other hand, as shown in FIG. 9, when the person 110 is close to the vehicle 12 and the person 110 (biological area 74) exists on one of the first boundary lines 92L, a biological icon (human icon 86) is displayed at two locations on the MID 28, thereby indicating the person 110 in a highlighted manner to the driver.”), (Note: The Examiner interprets the person 110 of Takatsudo being ‘far’ to the vehicle as satisfying the second specific value or higher.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Takatsudo wherein the processor is configured to: set a display position of the mark for the vehicle height direction to a position corresponding to a position of the target object for the vehicle height direction, as represented by the position information, in cases in which the change amount or the physical quantity for the vehicle height direction is a first specific value or lower for the vehicle height direction, and set the display position of the mark for the vehicle height direction such that movement of the display position of the mark for the vehicle height direction in the display area of the display device is limited, in cases in which the change amount or the physical quantity for the vehicle height direction has exceeded a second specific value for the vehicle height direction. As the position of the target object is closer and more threatening to the vehicle, the target object is displayed both more accurate in position and in a manner to be apparent to the driver, whereas when the position of the target object is further from and less threatening to the vehicle, only the rough position of the target object is displayed, as stated above by Takatsudo.
15. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kosaka et al. (US 20180240258 A1 hereinafter Kosaka) in view of Maeda et al. (US 20190132543 A1 hereinafter Maeda).
Regarding Claim 10, Kosaka teaches a computer-readable medium recorded with a display control program that causes a computer to execute processing ([0036] via “FIG. 2 is a functional block configuration diagram of the vehicular display device 100. … Note that the functional blocks are configured by information processors such as a CPU and storage devices such as a memory and a hard disk drive.”) comprising:
displaying a mark in a display area of a display device at a position corresponding to a position of a target object ([0046] via “The display processor 130 displays the marker image
200 corresponding to the position of the preceding vehicle Vp detected by the preceding vehicle detector 110 on the HUD image display 140. Specifically, the display processor 130
displays the marker image 200 in the display area DA.”), (Note: The Examiner interprets the preceding vehicle Vp of Kosaka as the target object.), as represented by position information output from a detection section for detecting target objects ([0073] via “As illustrated in FIG. 3, the vehicular display device 100 detects the position of the preceding vehicle Vp (S10).”), in cases in which a change amount of a position of the target object, as represented by the position information or a physical quantity derived from this change amount is a first specific value or lower ([0042] via “The determiner 120 determines whether the preceding vehicle Vp is located in the display area DA or not, based on the position of the preceding vehicle Vp detected by the preceding vehicle detector 110.”), ([0046] via “The display processor 130
displays the marker image 200 corresponding to the position of the preceding vehicle Vp detected by the preceding vehicle detector 110 on the HUD image display 140. Specifically, the display processor 130 displays the marker image 200 in the display area DA.”), ([0079] via “When the entire preceding vehicle Vp is located in the display area DA, the vehicular display device 100 generates a normal marker image 200 (S50). Meanwhile, when the preceding vehicle Vp is located partially or entirely outside the display area DA, the vehicular display device 100 generates the marker image 200 for the case where the preceding vehicle Vp is located partially or entirely outside the display area DA (S60).”), (Note: The Examiner interprets the preceding vehicle Vp being within the display area DA of Kosaka as the change amount being a first specific value or lower.); and
limiting movement of a display position of the mark in the display area of the display device, in cases in which the change amount or the physical quantity has exceeded a second specific value that is the first specific value or greater ([0130] via “As illustrated in FIGS. 8B and 8C, when the preceding vehicle Vp is located on the outer side DOL of the side edge DL of the display area DA, the vehicular display device 100 continues to display the marker image 200
with the predetermined width.”), ([0133] via “FIG. 8E illustrates a relationship between the position of the preceding vehicle Vp and the center (P0, P1) of the marker image 200. As illustrated in FIG. 8E, the center of the marker image 200 is moved toward the side edge DL (or side edge DR) depending on the position of the preceding vehicle Vp. When the center of the marker image 200 reaches the position P0, the marker image 200 is not moved further and is maintained at the position P0 even if the position of the preceding vehicle Vp moves further to the outer side DOL (or outside DOR).”), (Note: See Figures 4-13 of Kosaka, specifically with reference to Figures 8A-E. The Examiner interprets the preceding vehicle Vp being positioned on the outer side/outside of the display area DA of Kosaka as exceeding a second specific value.).
Kosaka is silent on wherein the computer-readable medium is a non-transitory computer-readable medium.
However, Maeda teaches wherein the computer-readable medium is a non-transitory computer-readable medium ([0058] via “The functions of the image processing unit 14 are actualized by the CPU running a program that is stored in a non-transitory tangible storage medium such as the ROM or the semiconductor memory.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Maeda wherein the computer-readable medium is a non-transitory computer-readable medium. The courts have determined under the case KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-07 (2007), a number of rationales in which obviousness is concluded. The rationale that pertains to the present invention is rationale B: Simple Substitution of One Known Element for Another to Obtain Predictable Results. Specifically, in this case item 3 of rationale B is satisfied: a finding that one of ordinary skill in the art could have substituted one known element for another, and the results of the substitution would have been predictable. Non-transitory computer-readable mediums are a common computer component found in vehicle display systems that store information. While the invention of Kosaka includes a storage device for storing information, despite the lack of mention that this storage device is non-transitory, the functionalities of the invention would still produce the same outcomes, and therefore the simple substitution of a non-transitory computer-readable medium would have been obvious to implement.
Examiner’s Note
16. The Examiner has cited particular paragraphs or columns and line numbers in the
references applied to the claims above for the convenience of the Applicant. Although the
specified citations are representative of the teachings of the art and are applied to specific
limitations within the individual claim, other passages and figures may apply as well. It is
respectfully requested of the Applicant in preparing responses, to fully consider the references
in their 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. See MPEP
2141.02 [R-07.2015] VI. A prior art reference must be considered in its entirety, i.e., as a whole,
including portions that would lead away from the claimed Invention. W.L. Gore & Associates,
Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed. Cir. 1983), cert, denied, 469 U.S. 851
(1984). See also MPEP §2123.
Conclusion
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/BYRON XAVIER KASPER/Examiner, Art Unit 3657
/ADAM R MOTT/Supervisory Patent Examiner, Art Unit 3657