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 .
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.
Claim 12-15 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.
In regards to claim 12, the claim reads “transmitting by means of a device for displaying” is indefinite. It’s unclear what is being transmitted and from where to where. “Transmitting” requires an object (e.g. transmitting content, transmitting a signal, transmitting video/data, etc.).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-7, 10-13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20060079729).
Per claim 1, Kim teaches a device (3) for displaying contents to a passenger (P) of a road vehicle (1) (0002, 0016 and 0069-0071 teaches monitor in front of a passenger in a moving vehicle for reading text or viewing image while reducing or preventing motion sickness); the device (3) for displaying contents comprising:- a support element (5) configured to be mounted at a [dashboard] (4) of the road vehicle (1) (0074, 0087-0088 teaches a display device supported by vehicle mounted structural element, including a “a support member…coupled…to the vehicle).
at least one screen (6) mechanically connected to the support element (5) and configured to be visible to the passenger (P) while the vehicle is being driven (0019 teaches mounting a monitor in front of the passenger. 0041-0042 further explains that the display is positioned at eye-level and visible while the vehicle is in motion. 0074 and 0087 teaches the monitor is physically supported by vehicle-mounted structure).
; the device (3) for displaying contents being characterized in that the screen (6) comprises: a first portion (7) configured to project contents while the vehicle is being driven (0017 teaches document broadly to include text, graphics, moving images, videogame image or other visual output. 0019, 0042 and 0085 teaches displaying such content on the screen while the vehicle is moving. Fig. 33-37 further teaches a first portion and a second portion, wherein first portion includes content/text and second portion includes a video 980);
a second portion (8), adjacent to the first portion (7) and configured to project a video stream (VF) of at least part of the environment outside the road vehicle (1) (0019 teaches mounting a video camera on the vehicle such that the video camera is aimed forward. 0019, 0090-0092 displaying on the monitor live video images transmitted from the video camera. Fig. 33-37 further teaches a first portion and a second portion, wherein first portion includes content/text and second portion includes a video 980).
Kim does not explicitly teach configured to be mounted at a dashboard. However, Kim in paragraph 0009 teaches display device can also be for passengers in the front seat. Kim in paragraph 0019 teaches the display to be mounted in front of the passenger. 0087 teaches it can be mounted anywhere in the interior surface of the vehicle. 0020 and 0022 teaches the monitor can be mounted at eye-level in front of the passenger. So therefore, if the display is for front passenger, and it can be mounted eye level, in front of them, then it’s obvious that it can be mounted on a dashboard. Having a display in the dashboard for a passenger is well-known and not a novel feature. Therefore, Examiner will take Official Notice, that before the effective filling date of the invention, it would have been obvious to one of ordinary skill in the art to install the display in a dashboard. Mounting a passenger facing display at a dashboard including center stack or passenger side dashboard region is well-known and conventional mounting location in road vehicles, particularly for displays positioned “in front of the passenger”. Such placement represents a predictable engineering choice among known interior mounting locations and does not change the operation of the display device.
Per claim 2, Kim teaches wherein the first portion (7) and the second portion (8) of the screen (6) are arranged on horizontally parallel bands (9) (Fig. 30 shows text and video being horizontally parallel and Fig. 33 shows vertically parallel).
Per claim 3, Kim teaches wherein the second portion (8) extends horizontally from one end (10) to the other end of the screen (6) (Fig. 30).
Per claim 4, Kim teaches wherein the second portion (8) is arranged, along a vertical axis (Z),superiorly with respect to the first portion (7); in particular, in use, it is configured to be closest to a windshield (11) of the road vehicle (1) (See Fig. 30-33 also see Fig. 14-15 and 25 that shows the orientation of the display. Kim further in paragraph 0009, 0042 teaches that maintaining visual alignment with the forward external scene is critical to reducing motion sickness).
Per claim 5, Kim teaches wherein the second portion (8) is arranged, along a vertical axis (Z), inferiorly with respect to the first portion (7); in particular, in use, it is configured to be furthest away from a windshield (11) of the road vehicle (1) (rejection of claim 1 and Fig. 30-33 teaches how the display is divided in two portion, top portion being the video and second portion being the text/graphic/content. Fig. 15 shows display being mounted close to the windshield, meaning the top part of the display which can be interpreted as first portion being close to the windshield and second portion where is the bottom being further away from the windshield versus the first portion).
Per claim 6, Kim teaches wherein the first portion (7) occupies at least 50%, in particular at least 70%, of the surface area of the screen (6) (Fig. 30 shows the first portion which outputs video 802 is much larger surface area than the second portion 904 and it’s clear that its over 70%).
Per claim 7, Kim teaches a passenger compartment (2) configured to accommodate a driver (DR) and at least one passenger (P) beside the driver (DR) (0002, 0019, 0070 and 0077 teaches a vehicle and a passenger and occupant located within the vehicle. The vehicle being an automobile. It’s obvious that the interior compartment of a vehicle seats a driver and passengers);- a vehicular dashboard (4); - a device (3) for displaying contents to the passenger (P) according to claim 1 which is arranged at the vehicular dashboard (4) (see rejection of claim 1 about the dashboard), facing the passenger (P) (0019 teaches a passenger facing display device); - an optical detection device (12), in particular a camera (13), facing the outside of the vehicle (1) and configured to capture the video stream (VF) projected from the screen (6) at the second portion (8) (0019, 0039 teaches mounting a video camera on the vehicle such that the video camera is aimed forward. 0090-0092 teaches displaying on the monitor live video images transmitted from the video camera. Also see Fig. 33 and paragraph 0131).
Per claim 10, Kim teaches wherein the control unit (14) is configured to control the screen (6) to project the video stream (VF) detected by the optical detection device (12) in real-time (0019 teaches live video images are displayed/projected from the external video camera onto the displayed monitor of the passenger).
Per claim 11, Kim teaches comprising a ceiling element (15) arranged at an upper portion of a windshield (11) of the road vehicle (1); wherein the optical detection device (12) is arranged at the ceiling element (15) and facing a space (17) in front of the road vehicle (1) (Fig. 6 teaches a camera 302 mounted in upper portion of the windshield).
Per claim 12, see rejection of claim 1 and 7.
Per claim 13, see rejection of claim 1 and 7.
Per claim 15, Kim teaches wherein the division of the screen (6) is variable according to the content projected onto the first portion (7) (0085 teaches different types of content may be displayed to the passenger. The manner and region in which such content is displayed relative to the external-environment video is not fixed, by may change depending on the displayed content. See Figs. 30-66).
Claim(s) 8-9 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20060079729) as applied to claim 1 and further in view of Kim (US 20060015000; hereinafter Kim2).
Per claim 8, Kim teaches comprising: a control unit (14), connected to the optical detection device (12) and the screen (0096 teaches a central processing unit. 0019, 0090-0092 teaches forward facing camera and 0019 and 0041 teaches displaying those images on a monitor visible to the passenger) (6) and configured to control the screen (6) by dividing it into the first portion (7) and the second portion (8) (Fig. 33 and 0131 teaches dividing the screen into first portion and second portion). But, Kim does not explicitly teach adjusting the brightness thereof.
In an analogous art, Kim2 teaches motion sickness reduction for a passenger of a vehicle (abstract). Kim2 further teaches adjusting the brightness (0037 teaches adjusting brightness of the displayed image). Therefore, before the effective filling date of the invention, it would have been obvious to one of ordinary skill in the art to modify the control unit of Kim to adjust display brightness as taught by Kim2 in order to improve visibility and passenger comfort while viewing external-environment video during vehicle motion, a concern expressly addressed by both references in the context of motion-sickness mitigation.
Per claim 9, Kim in view of Kim2 teaches wherein the control unit (14) is configured to control differential brightnesses between the first portion (7) and the second portion (8) of the screen (6) (both Kim and Kim2 teaches a display screen having two portions one for content and one for video. Kim2 in rejection of claim 8 teaches adjusting the brightness of the display. Because Kim2 teaches brightness control applied to displayed imagery, it would have been obvious to one of ordinary skill in the art, before the effective filling date of the invention, to modify and control brightness of both portions of the screen in order to maintain sufficient visibility of the external reference imagery while preventing glare or distraction from other displayed content, thereby improving motion-sickness mitigation and passenger comfort.
Per claim 14, see rejection of claim 9.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gordon et al (US 2019/0361694) paragraph 0328 and 01363 teaches display device having two portions and can be installed into the dashboard.
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/OMEED ALIZADA/Primary Examiner, Art Unit 2686