DETAILED ACTION
Status of Claims
This action is in response to the application No. 19/088202 filed on 3/24/2025. Claims 1-5 are pending for examination.
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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a movement detection unit” and “a design display unit” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1-2 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawashima et al. US 2010/0079413 (“Kawashima”).
As to claim 1, Kawashima discloses a vehicle display device comprising:
a movement detection unit configured to detect a movement of a part of a body of an operator (see at least Fig 1, element 12; [0086]: The manipulation part 12 has an input manipulation surface acting as an manipulation surface, and is positioned so that the input manipulation surface faces in the upper direction. The manipulation part 12 includes a touch panel 12a providing the input manipulation surface. Touch panel 12a may be a touch-sensitive panel of resistive type, a surface acoustic wave type, a capacitive type or the like. The touch panel 12a includes a transparent resin plate acting as a base, or a glass plate acting as a transparent input support plate. An upper surface of the touch panel 12a receives and supports a touch manipulation performed by a user using a finger); and
a design display unit configured to display, on an outside scene around a vehicle, a first design indicating a part of the body and a second design different from the first design (see at least Fig 17, related text; [0110]: In other words, in response to the movement of the target fingertip in the photographing range, the marking image 161i (acting as the move target image) and the hand image FI (acting as the pointer image) are moved together such that a trajectory of the movement of the marking image 161 i and the hand image FI corresponds a trajectory of the movement of the target fingertip), wherein
the design display unit changes the first design according to a detection result of the movement detection unit, and changes the second design such that the first design operates the second design (see at least [0110]: The marking image 161i can function to highlight the position of the target fingertip, which is time-variable in accordance with manipulation. As shown in the state 4 of FIG. 17, the user may point the fingertip point at a desired destination on the map, and performs a second touch manipulation. Thereby, the point corresponding to the input location of the second touch manipulation is temporarily set as the destination, and the destination setting command is activated.).
As to claim 2, Kawashima discloses wherein when a movement of a part of the body bringing the second design outside a display area is detected by the movement detection unit, the design display unit performs display such that the first design moves the second design to bring the second design outside the display area (see at least Fig 13, element S304; [0191]: Then, the control device can display and move the move target image and the pointer image to a desired location (e.g., display of a drag operation) in the coupling movement mode while not receiving a touch. Then, when the control device detects that the second touch manipulation is performed, the control device switches off the coupling movement mode. In the above, the first and second touch manipulations have therebetween a period where no touch is made on the manipulation surface. The first and second touch manipulations can respectively indicate a start time and an end time of the coupling movement mode (e.g., display of a drag operation) in a simple and clear manner.
As to claim 4, Kawashima discloses wherein the design display unit displays the second design on a building built at a pre-registered location on the outside scene or around the building, then when a movement of a part of the body operating the second design is detected by the movement detection unit, changes the second design such that the first design operates the second design and then displays information on the location on the outside scene (see at least Fig 25; Fig 26; [0115]-[0116]: the user can point the fingertip at a desired point on the map, and performs the second touch manipulation, as shown in FIG. 25 as the state 42. Thereby, a point for peripheral search is selected and set, and the marking image 163i (peripheral search icon) is pasted and displayed on the map at the selected point for peripheral search. Peripheral facilities located within a predetermined distance from the selected point are retrieved as destination candidates or stopover candidates. In a case shown inn FIG. 26, a massage indicating that facility genre is selectable and button images 173 for genre selection are displayed on the periphery of the map display region 150'. When the user selects a desired genre by performing a touch manipulation directed to the button image 173, peripheral facilities classified into the selected genre are retrieved. Then, for example, the retrieved facilities are displayed in the form of facility icon on the map or in the form of list of items indicative of facility names, distances and directions).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawashima in view of Takano et al. US 2018/0046369 (“Takano”).
As to claim 5, Kawashima fails to explicitly disclose wherein the design display unit displays an icon corresponding to an electronic device as the second design, then when a movement of a part of the body operating the icon is detected by the movement detection unit, changes the icon such that the first design operates the icon and then displays an operation panel of the electronic device.
However, Takano teaches wherein the design display unit displays an icon corresponding to an electronic device as the second design, then when a movement of a part of the body operating the icon is detected by the movement detection unit, changes the icon such that the first design operates the icon and then displays an operation panel of the electronic device (see at least Fig 6, Fig 7, elements S108, S109: switch display screen to screen for performing function corresponding to GUI object displayed at approach position, display one or more GUI objects corresponding to switched screen).
Thus, Kawashima discloses a system and method for gesture inputs for controlling a vehicle’s display unit via gesture manipulation of the operators’ hands and fingers and Takano teaches a similar gesture GUI display control which further includes having icons and GUI display switching particularly for other electronic devices such as a mobile phone to make calls.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the system disclsoed by Kawashima, with the mobile phone control taught by Takano, with reasonable expectation of success, because it would allow the user to also operate connected devices to the vehicle utilizing the same gesture-based UI control and adjusting the GUI elements would require nothing more than ordinary skill in the art.
Allowable Subject Matter
Claim3 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOMAS P INGRAM whose telephone number is (571)272-7864. The examiner can normally be reached M-F 10-6 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey Jabr can be reached at 571-272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Thomas Ingram/Primary Examiner, Art Unit 3668
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