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 .
DETAILED ACTION
The instant application having Application No. 19072978 filed on 03/06/2025 is presented for examination by the examiner.
Examiner Notes
Examiner cites particular columns and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in 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.
Priority
As required by e M.P.E.P. 201.04[prov], 210, 214.03, acknowledgement is made of applicant’s claim for priority based on Continuation of PCT/JP2023/042328, filed 11/27/2023 that claims foreign priority to JP 2022-210353, filed 12/27/2022 (Japan).
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
However, to overcome a prior art rejection, applicant(s) must submit a translation of the foreign priority papers in order to perfect the claimed foreign priority because said papers has not been made of record in accordance with 37 CFR 1.55. See MPEP § 213.04
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
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.
Claims 3-5 are 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.
Claim 3 recites the phrase limitation “such that the driver only visually recognizes the visible information corresponding to a partial region of the displayable range transmitting the light shielding portion” in the last 4 line of the claim. However, this limitation is confusing because it depends on a driver which is an object external to the claimed vehicular display device, and further given that it is time-dependent and conditional, depending on an action of the external object i.e. the driver performing recognition of visual information. Additionally, visual recognition also depends on the particular driver and the visible information, which may or may not be recognizable to the driver, and therefore the limitation above is also subjective (see MPEP 2172.05(b) secs. I, II and IV). The above limitation will be treated broadly and optionally, to the extent of the recited structural limitations in the claim. It is suggested to amend the claim and provide explanations if different meanings are sought and to remove the in definitiveness issues.
Claims 4 and 5 depend on claim 3 and therefore inherit the same deficiency.
Claim 5 recites the phrase limitation regarding that an upper end portion of the light shielding portion protrudes above an upper face of the housing portion “such that the driver is not able to visually recognize the housing portion”. However, this limitation is confusing because it depends on a driver which is an object external to the claimed vehicular display device, and further given that it is time-dependent and conditional, depending on an action of the external object i.e. the driver performing recognition of visual information. Additionally, visual recognition also depends on the particular driver and the visible information, which may or may not be recognizable to the driver, and therefore the limitation above is also subjective (see MPEP 2172.05(b) secs. I, II and IV). The above limitation will be treated broadly and optionally, to the extent of the recited structural limitations in the claim. It is suggested to amend the claim and provide explanations if different meanings are sought and to remove the in definitiveness issues.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin et al. (hereafter Shin) US 20160048020 A1.
In regard to independent claim 1, Shin teaches (see Figs. 1-2) a vehicular display device provided in an instrument panel of a vehicle (i.e. as head-up display device 1, in instrument panel or electronic system of the vehicle, see abstract, paragraphs [03,06-07,11-13,15-19]), the vehicular display device comprising:
an indicator configured to emit desired visible information as display light (display device 20 in accommodation space 12 of mounting bracket 10, and that projects image driving information paragraphs [15-19], Figs 1-2); and
an aspherical mirror disposed on an optical path of the display light from the indicator to a windshield of the vehicle and at a position visible from a viewing position of a driver (i.e. as concave aspheric imaging mirror 32 on projected image path from 20 to windshield of the vehicle, and visible to driver/user, as depicted in Figs. 1-2, paragraphs [15-19]),
wherein the aspherical mirror reflects the display light emitted from the indicator to the viewing position to allow the driver to visually recognize the desired visible information as a virtual image (i.e. as aspherical mirror 32 reflects image light from 20 towards user/driver eye position to recognize driving information as magnified virtual image 40, as depicted in Figs. 1-2, paragraphs [11-13, 15-20]), and
a reflection surface of the aspherical mirror is formed by a concave curved surface (as reflecting surface 36 formed as concave curved surface on 32, Figs. 1-2, paragraphs [11-13, 15-20]), and the aspherical mirror magnifies and reflects the visible information (32 magnifies and reflects driving information, paragraphs [15-19]) such that the visible information represented by the display light after being reflected by the reflection surface (32,36) is relatively larger than the visible information represented by the display light before being reflected by the reflection surface (i.e. as 32 reflects and magnifies image light with driving information from 20, such that the image/driving information is magnified and larger than the original image on 20, see Figs. 1-2, paragraphs [11-13, 15-20]).
Regarding claim 2, Shin teaches (see Figs. 1-2) that at least a part of the aspherical mirror is located above the instrument panel and is disposed to be inclined downward with respect to a horizontal direction of the vehicle (i.e. as 32 is at least partially above the instrument panel/dashboard of the vehicle, and inclined downward on 34 antireflection side of 32 mirror with respect to horizontal direction of the vehicle as depicted in Figs. 1-2, paragraphs [15-19]).
Regarding claim 3, Shin teaches (see Figs. 1-2) further comprising:
a housing portion in which the indicator and the aspherical mirror are accommodated (i.e. as mounting bracket 10, 30, with 14, that house and support 20 and 32, Figs. 1-2, paragraphs [15-19]); and
a light shielding portion attached to the housing portion to be located on the optical path from the aspherical mirror to the viewing position (i.e. as reflective mirror attached to 10 and is to be located on optical path between 32 and user/driver eye position at least to an extent, as depicted in Figs. 2,1, paragraphs [15-19]),
wherein the light shielding portion is configured to transmit the display light from an inside to an outside of the housing portion and to block or attenuate incidence of external light including sunlight from the outside to the inside (i.e. as due to position of 14, it transmits image light with driving information from inside to outside of 10, and blocks/attenuates external light directed towards 20, as depicted in Figs. 1-2, paragraphs [15-19]), and
a displayable range of the enlarged visible information after being reflected by the reflection surface of the aspherical mirror is larger than a frame of the light shielding portion (i.e. as displayable range of image driving information on 40 reflected from 32 is larger than a frame of 14, as depicted in Figs. 1,2, paragraphs [15-19]), such that the driver only visually recognizes the visible information corresponding to a partial region of the displayable range transmitting the light shielding portion (as due to concave mirror generates magnified virtual image makes the driver see an image with a distance perception, from transmitting portion of 14, as depicted in 2, 1, paragraphs [15-19]; note that the limitations is treated according to the above 112(b) issues).
Regarding claim 4, Shin teaches (see Figs. 1-2) that the light shielding portion is attached to the housing portion in a state of being erected from an upper face of the instrument panel (i.e. as 14 is attached to 10 and erected from upper face of instrument panel (or vehicular electronic system, see Fig. 1-2, paragraphs [11-12, 15-19]) .
Regarding claim 5, Shin teaches (see Figs. 1-2) that an upper end portion of the light shielding portion protrudes above an upper face of the housing portion such that the driver is not able to visually recognize the housing portion (i.e. as best understood given the noted 112(b) issues, as upper end of 14 protrudes above an upper face of bracket 10, such that the driver is not able to visually recognize bracket 10 portion accommodation space and portions housing/supporting display device 20, as depicted in Figs. 1,2, paragraphs [15-19]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yamamoto et al. US 20240427145 A1 (see Figs 1-6 and their descriptions), and Sato et al. US 20110175798 A1 (see Figs. 8-11 and their descriptions) also disclose features of instant application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIN PICHLER whose telephone number is (571)272-4015. The examiner can normally be reached Monday-Friday 8:30am -5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ricky L Mack can be reached at (571)272-2333. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARIN PICHLER/Primary Examiner, Art Unit 2872
