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 .
Status of Claims
This office action is in response to the patent application filed on July 6, 2026. Claims 1 & 3-4 are currently pending. Claim 2 is cancelled
Response to Amendment
As a result of the amendments filed July 6, 2026, the limitations are not being interpreted under 35 USC 112(f). Further the 35 USC 101 and prior art rejections are overcome.
Response to Arguments
Applicant’s arguments, see pgs. 5-6, filed July 6, 2026, with respect to the rejection(s) of claim(s) 1 & 3-4 under 35 USC 102 & 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of US 2021/0101600 A1, to Kato et al., hereafter Kato (newly of record).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 & 4 are rejected under 35 U.S.C. 103 as being unpatentable over US 2018/0326996 A1, to Fujisawa et al. (previously of record), hereafter Fujisawa in view of US 2021/101600 A1 to Kato et al., hereafter Kato (newly of record).
Regarding Claim 1, Fujisawa discloses An in-vehicle display system that is mounted on a host vehicle, the in-vehicle display system comprising ([0073] & Fig. 6, Fujisawa discloses still images of lane markings which are surroundings of the vehicle which are shown to the driver (i.e. display)):
a camera ([0039], Fujisawa discloses a front camera unit, 92);
a display that displays a situation around the host vehicle ([0055], [0073] & Fig. 6, Fujisawa discloses an HMI system 10 (i.e. display) which includes a HUD, heads up display, 14, CID, center information display, which receives images from the HCU, human machine interface control unit 20 which show still images of lane markings which are surroundings of the vehicle which are shown to the driver);
recognize dividing lines of an adjacent lane adjacent to a host vehicle lane, on which the host vehicle is traveling, on the basis of a detection result of the camera of the host vehicle ([0039], [0044] & Fig. 6, Fujisawa discloses a surroundings monitoring ECU (i.e. dividing line recognition unit), 91, which recognizes lane markings (i.e. dividing lines of adjacent lanes) based on the surroundings monitoring ECU 91, which is communicably connected to the front camera unit, 92);
detect a start of a lane change by the host vehicle ([0076]-[0078], Fujisawa discloses steps of own vehicle performing a lane change in order to pass another vehicle, one step of which is beginning a lane change at t1); and
control display on the display on the basis of the recognized dividing lines and detection of the start of the lane change ([0055], [0078]-[0079] & Fig. 2 & 6, Fujisawa discloses a human machine interface control unit (i.e. display) to control the display. Fujisawa also discloses recognizing lane markings and the start of the lane change at t1 by the surroundings monitoring ECU, 91 which is sent to the display);
wherein the control of the display includes: displaying, on the display, an icon corresponding to an outer dividing line away from the host vehicle lane among the dividing lines of the adjacent lane when the host vehicle starts the lane change from the host vehicle lane to the adjacent lane ([0076] & Fig. 6, Fujisawa discloses a lane marking image portion, 51c corresponding to the outer dividing line, 9 where the lane marking 51c displays when the lane change is being performed such as in t2),
…when the host vehicle starts the lane change while a lane departure prevention control is being executed ([0050], Fujisawa discloses the lane trace control function section, 81, implementing a lane departure preventing function),…
…and does not display the icon corresponding to the outer dividing line on the display when the host vehicle does not start the lane change (Fujisawa further discloses the lane marking 51c not being displayed when the lane change is not occurring).
However, Fujisawa does not specifically disclose …when the host vehicle starts the lane change while a lane departure prevention control is being executed, displaying the icon from a first display timing, and when the host vehicle starts the lane change while the lane departure prevention control is not being executed, displaying the icon from a second display timing different from the first display timing, and…
Kato, in the same field of endeavor, teaches…when the host vehicle starts the lane change while a lane departure prevention control is being executed, displaying the icon from a first display timing (Fig. 7-8, Kato teaches shortly after time T12, the lane change execution condition (i.e. starts the lane change) is no longer satisfied and the lane change stopping condition is executed (i.e. lane change departure prevention is being executed), the outer lane marking, RL is displayed for a time (i.e. first display timing)), and when the host vehicle starts the lane change while the lane departure prevention control is not being executed, displaying the icon from a second display timing different from the first display timing (Fig. 7-8, Kato teaches shortly before time T12, the lane change execution condition (i.e. starts the lane change) is satisfied and the lane change stopping condition is not executed (i.e. lane change departure prevention is not being executed), the outer lane marking, RL is displayed (i.e. second display timing)), and…
Therefore, it would have been obvious for one of ordinary skill in the art, before the filing date of the claimed invention and with a reasonable likelihood of success, to modify the presentation control device of Fujisawa with the lane marking showing of Kato in order to indicate whether a host vehicle should perform a lane change based on whether the lane markings are there (Kato [0111] & Fig. 9)
Regarding Claim 4, all the limitations have been analyzed in view of claim 1, and it has been determined that claim 4 does not teach or define any new limitations in view of claim. Therefore, claim 4 is also rejected over the same rationale as claim 1.
Allowable Subject Matter
Claim 3 is 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL T DOWLING whose telephone number is (703)756-1459. The examiner can normally be reached M-T: 8-5:30, First F: Off, Second F: 8-4:30.
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/MICHAEL T DOWLING/Examiner, Art Unit 3669
/Erin M Piateski/Supervisory Patent Examiner, Art Unit 3669
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