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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/11/2024 and 5/13/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1, 2, 11, 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wu (5657163) hereafter Wu.
Regarding claim 1, Wu discloses in fig. 1 a head-up display apparatus comprising: an image display apparatus including a light source (34) and a display element (24), an image being displayed on the display element (24) to emit an image projection light (fig. 1); a mirror (28) configured to project the image projection light emitted from the image display apparatus (fig. 1, col. 2, lines 12-65); and a housing (20 and 18 as the claimed housing), wherein the light source (34) and the mirror (28) are disposed in a space formed by the housing (fig. 1), and wherein the display element (24) is disposed so as to be tilted relative to an optical axis of the mirror (see fig. 1, col. 2, lines 12-65).
Regarding claim 2, Wu discloses the head-up display apparatus according to claim 1, wherein the display element is disposed inside a focal point distance of the optical axis of the mirror (see fig. 1, col. 2, lines 12-65).
Regarding claim 11, Wu discloses the head-up display apparatus according to claim 1, wherein the image display apparatus is provided with heat dissipating means of at least the light source attached to the outer periphery of a portion of the housing (fig. 2. Col. 3, lines 9-15).
Regarding claim 12, Wu discloses the head-up display apparatus according to claim 11, wherein the heat dissipating means includes a heat sink (fig. 2. Col. 3, lines 9-15).
Allowable Subject Matter
Claims 3-10 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: the prior art does not disclose the claimed combination of limitation to warrant a rejection under 35 USC 102 or 103.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12204104 hereafter Misawa. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of Misawa read on or make obvious claim 1 of the instant application.
Regarding claim 1, Misawa discloses a head-up display apparatus comprising: an image display apparatus including a light source and a display element, an image being displayed on the display element to emit an image projection light; a mirror configured to project the image projection light emitted from the image display apparatus; and a housing, wherein the light source and the mirror are disposed in a space formed by the housing, and wherein the display element is disposed so as to be tilted relative to an optical axis of the mirror (see claim 1).
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11846776 hereafter Misawa. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of Misawa read on or make obvious claim 1 of the instant application.
Regarding claim 1, Misawa discloses a head-up display apparatus comprising: an image display apparatus including a light source and a display element, an image being displayed on the display element to emit an image projection light; a mirror configured to project the image projection light emitted from the image display apparatus; and a housing, wherein the light source and the mirror are disposed in a space formed by the housing, and wherein the display element is disposed so as to be tilted relative to an optical axis of the mirror (see claim 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES JONES whose telephone number is (571)270-1278. The examiner can normally be reached 7:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Pinping Sun can be reached at (571) 270-1284. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES C. JONES/Primary Examiner, Art Unit 2872
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