DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on January 26, 2026 has been entered and considered by the Examiner.
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 1 is 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 pre-AIA the applicant regards as the invention. In particular, claim 1 recites limitation ““the vertical direction” in fourteenth line and eighteenth line of the claim, but the limitation is unclear at least because there is insufficient antecedent basis for the above limitation in the claim given that the claim uses term “the vertical direction” for a first time without previously reciting the term in the claim, which even further creates lack of clarity in regard to exactly what vertical direction is being referred to. Therefore, Examiner suggests the limitations should be amended, without adding new matter, in a manner that resolves the antecedent basis issue. Accordingly, any claim(s) dependent on claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, based on same above reasoning.
Claim Rejections - 35 USC § 103
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 of this title, 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.
Claims 1-2, and 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Asakura et al., U.S. Patent Application Publication 2017/0334455 A1 (hereinafter Asakura), in view of Seder et al., U.S. Patent Application Publication 2010/0253541 A1 (hereinafter Seder).
Regarding claim 1, Asakura teaches an automobile comprising: an entertainment execution device that executes entertainment software, communicates with a remote control device, or plays back a video content (M, 70 and 170 FIGS. 1-2, 11-15, and 17-18 paragraph[0046] of Asakura teaches FIG. 2 is a function configuration diagram focusing on the vehicle control system 100 in accordance with a first embodiment of the present disclosure; on the own vehicle M there are mounted a detection device DD including the finder 20, the radar 30, the camera 40 and the like, a navigation device 50, a communication device 55, a vehicle sensor 60, an HMI (Human Machine Interface) 70, the vehicle control system 100, a traveling driving force output device 200, a steering device 210 and a brake device 220; these devices ana equipment are connected to each other by multiple communication lines such as CAN (Controller Area Network) communication lines or the like, serial communication lines, radio communication networks, etc; and by the way, the vehicle control system in claims is not limited to “the vehicle control system 100” only but may include other configuration (the detection device DD, the HMI 70, etc.) than the vehicle control system 100, and See also at least paragraphs[0039]-[0045], [0057]-[0059], [0097]-[0108], and [0113]-[0120] of Asakura (i.e., Asakura teaches a vehicle that includes a human machine interface that is controlled by an HMI controller, which allows a display device to display a video image (e.g., project an entertainment image) on at least one windshield));
a display device that displays an image output from the entertainment execution device on a windshield or on a flexible display capable of being raised or lowered between a front windshield and a steering wheel (82, 90, ET FIGS. 1-2, 11-15, and 17-18, paragraph[0103] of Asakura teaches FIG. 13 is a diagram showing an example of a scene in which the condition of the front window 90a is the visual difficulty condition; in the scene as shown in the drawing, the HMI controller 170 projects the entertainment image ET on an opacified area (“A” in the drawing) of the front window 90a, for example; and herein, the HMI controller 170 may opacify the windshields 90 provided in each of the doors, the windshield (rear window) 90 provided on the rear side of the vehicle, the windshield 90 of the roof, etc. In this case, the HMI controller 170 may display the entertainment, image ET on these opacified windshields of various kinds, and See also at least paragraphs[0039]-[0046], [0057]-[0059], [0097]-[0102], [0104]-[0108], and [0113]-[0120] of Asakura (i.e., Asakura teaches the vehicle that includes the human machine interface that is controlled by the HMI controller, which allows the display device to display the video image (e.g., project the entertainment image) on the at least one windshield)); and
a mode select controller that enables selection between an entertainment mode for operating the entertainment execution device and a driving mode for driving the automobile and executes control according to each mode, wherein the mode select controller controls the display device so as to: upon selection of the driving mode (120 and 130 FIGS. 1-2, and 11-16, paragraph[0102] of Asakura teaches further, HMI controller 170 controls the condition of the front window 90a on the basis of the degree of the automated driving (or the degree of the surroundings monitoring obligation) in each of the automated driving modes executed by the automated driving controller 120, so as to be either the visible condition or the visual difficulty condition; FIG. 12 is a diagram showing the condition of a front window 90a for each traveling mode; for example, in the case of the mode A in which the surroundings monitoring is not required, the HMI controller 170 changes at least the front window 90a into the frosted glass state thereby to opacify it, by using the dimming control device 92; in other words, the HMI controller 170 controls the front window 90a so as to be the visual difficulty condition; then, the HMI controller 170 uses the opacified front window 90a as a screen, and projects and displays the images which are nothing to do with the front visual field, on the front window 90a by using the front display device 82a; the images which are nothing to do with the front visual field are the video images (images) etc. such as the contents, the television programs and the like reproduced by the content reproduction device 85, for example; and hereinafter, the images such as contents, the television programs and the like reproduced by the content reproduction device 85 are referred to as “entertainment image ET”, and See also at least paragraphs[0058], [0070], [0075]-[0079], [0100]-[0101], [0103]-[0112] of Asakura (i.e., Asakura teaches an automated driving controller provided with an automated driving mode controller that enables the HMI controller to control a condition of at least a front window based on an automated driving mode executed by the automated driving controller, wherein the HMI controller projects and displays at least an image (e.g., an entertainment image ET ) on at least the front window in mode A as well as other windshields)), display the image output from the entertainment execution device in a first region of the windshield that is legally permitted for display and; in the vertical direction or on the flexible display in a lowered state; and upon selection of the entertainment mode, display the image output from the entertainment execution device in a second region of the windshield that is wider than the and includes the center of the windshield in the vertical direction first region or on the flexible display in a raised state (FIGS. 1-2, and 11-16, paragraph[0108] of Asakura teaches FIG. 15 is a diagram showing another example of the scene in which the condition of the front, window 90a changes from the visible condition to the visual difficulty condition; as shown in the drawing, in the case where the surroundings monitoring obligation arises, the HMI controller 170 displays an image HUD1 in the form of HUD on a partial area of the front window 90a by using the front, display device 82a, for example. On the other hand, in the case where the automated driving mode changes into the mode A so that the surroundings monitoring obligation is not required, the HMI controller 170 displays an image HUD2 in the form of HUD on a larger display area than the display area of the image HUD1 which is displayed when the surroundings monitoring obligation arises, by using the front, display device 82a; and consequently, when the surroundings monitoring obligation is not required, the condition of the front window 90a is changed into the visual difficulty condition, and more information than the scene in which the surroundings monitoring obligation is required can be provided to the vehicle occupant, and See also at least paragraphs[0058], [0070], [0075]-[0079], [0100]-[0101]-[0107], [0109]-[0112], and [0127] of Asakura (i.e., Asakura teaches in a case where the mode in which surroundings monitoring is required (e.g., mode B or mode C) the HMI controller display an image on a smaller display area (e.g., a partial area) than when in mode A in which surroundings monitoring is not required)); but does not expressly teach does not include a center of the windshield.
However, Seder teaches does not include a center of the windshield (FIGS. 32-33, paragraph[0196] of Seder teaches in another exemplary embodiment, roadside street signs obscured by weather, glare, and darkness may be analyzed by the camera system and augmented to project desirable or critical information to the driver upon the transparent windscreen head up display; as discussed above, weather conditions can be discerned by monitoring a number of informational inputs; on-line data in conjunction with GPS data can be used to estimate current weather conditions; visual data can be analyzed to determine whether precipitation or fog unduly hampers viewing distance sufficiently augmenting a roadside sign to project desirable or critical information upon the HUD; sun rise and sun set timing and location in the sky can be determined according to a calendar and GPS location; this information regarding the position of the sun can be correlated to a directional orientation of the car to augment roadside signs based upon the car being pointed toward the sun; in an exemplary embodiment, and referring to FIGS. 32 and 33, a roadside speed limit sign 214 may be obscured by heavy fog 221 wherein the speed limit sign is recognized by the camera system utilizing pattern recognition to compensate for the effect of the fog 221; if it is determined that the speed limit sign 214 is obscured by the fog 221, a graphical image indicating the speed limit will be projected upon the transparent windscreen head up display; additionally, a roadside street sign may be augmented to indicate a desired turn along a planned route, wherein the roadside turn sign is obscured by adverse weather conditions, glare or darkness; if it is determined that the roadside turn sign is obscured and that the upcoming turn is in agreement with the planned route, a registered graphical image can be projected upon the HUD to alert the driver of the approaching turn; it is appreciated that not all information of obscured roadside signs is highly desirable or critical to the driver; and however, analyzed images of roadside signs discerning non-desirable or non-critical information, may project graphical images upon the HUD in a non-intrusive manner, such as a faint graphical image in a corner of the windscreen, and See also at least paragraphs[0187] of Seder (i.e., Seder teaches projecting a graphical image upon an HUD in a non-intrusive manner, such as a faint graphical image in a corner of the windscreen)).
Furthermore, Asakura and Seder are considered to be analogous art because they are from the same field of endeavor with respect to a vehicle, and suitably display an image on a windshield of the vehicle. Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the system of Asakura based on Seder to have the image output in the region of the windshield that is legally permitted for display and does not include a center of the windshield. One reason for the modification as taught by Seder is to display a graphical image upon an HUD in a non-intrusive manner (paragraph[0196] of Seder). The same motivation and rationale to combine for claim 1 mentioned above, in light of corresponding statement of grounds of rejection, applies to each claim mentioned in the corresponding statement of grounds of rejection.
Regarding claim 2, Asakura and Seder teach the automobile according to claim 1, wherein the windshield comprises the front windshield (FIGS. 1-2, and 11-16, paragraph[0108] of Asakura teaches FIG. 15 is a diagram showing another example of the scene in which the condition of the front, window 90a changes from the visible condition to the visual difficulty condition; as shown in the drawing, in the case where the surroundings monitoring obligation arises, the HMI controller 170 displays an image HUD1 in the form of HUD on a partial area of the front window 90a by using the front, display device 82a, for example. On the other hand, in the case where the automated driving mode changes into the mode A so that the surroundings monitoring obligation is not required, the HMI controller 170 displays an image HUD2 in the form of HUD on a larger display area than the display area of the image HUD1 which is displayed when the surroundings monitoring obligation arises, by using the front, display device 82a; and consequently, when the surroundings monitoring obligation is not required, the condition of the front window 90a is changed into the visual difficulty condition, and more information than the scene in which the surroundings monitoring obligation is required can be provided to the vehicle occupant, and See also at least paragraphs[0058], [0070], [0075]-[0079], [0100]-[0101]-[0107], and [0109]-[0112] of Asakura (i.e., Asakura teaches in a case where the mode in which surroundings monitoring is required (e.g., mode B or mode C) the HMI controller displays an image on a smaller display area than when in mode A in which surroundings monitoring is not required)).
Regarding claim 5, Asakura and Seder teach the automobile according to claim 1, wherein the mode select controller includes a selection switch that allows a driver to select between the entertainment mode and the driving mode when a main switch for starting the automobile is turned on (87 FIGS. 1-2, and 11-16, paragraph[0079] of Asakura teaches the automated driving mode controller 130 determines the mode of the automated driving based on the operation of the vehicle occupant relative to the HMI 70, an event determined by the action plan generation part 144, a traveling mode determined by the trajectory generation part 146, etc; the mode of the automated driving is communicated to the HMI controller 170; further, the limit corresponding to the performance of the detection device DD of the own vehicle M maybe set up with respect to the mode of the automated driving; for example, when the detection device DD is low in performance, it is possible to set up such that the mode A is not executed; and in any of these modes, it is possible to switch the mode to the manual driving mode (override) by the operation relative to the configuration of the driving operation system in the HMI 70, and See also at least paragraphs[0058], [0060]-[0061], [0070], [0075]-[0078], [0095], [0100]-[0101]-[0107], and [0108]-[0112] of Asakura (i.e., Asakura teaches the automated driving controller provided with the automated driving mode controller that determines a mode of the automated driving based on operation of the vehicle occupant, wherein the mode switches between automated driving mode and manual driving mode responsive to an automated driving switching switch manufactured to be formed and arranged in optional locations within an interior or the vehicle capable of being in accordance with a driver’s request)).
Regarding claim 6, Asakura and Seder teach the automobile according to claim 1, wherein the mode select controller is installed in the automobile when the automobile is manufactured in accordance with a driver's request (FIGS. 1-2, and 11-16, paragraph[0079] of Asakura teaches the automated driving mode controller 130 determines the mode of the automated driving based on the operation of the vehicle occupant relative to the HMI 70, an event determined by the action plan generation part 144, a traveling mode determined by the trajectory generation part 146, etc; the mode of the automated driving is communicated to the HMI controller 170; further, the limit corresponding to the performance of the detection device DD of the own vehicle M maybe set up with respect to the mode of the automated driving; for example, when the detection device DD is low in performance, it is possible to set up such that the mode A is not executed; and in any of these modes, it is possible to switch the mode to the manual driving mode (override) by the operation relative to the configuration of the driving operation system in the HMI 70, and See also at least paragraphs[0058], [0060]-[0061], [0070], [0075]-[0078], [0095], [0100]-[0101]-[0107], and [0108]-[0112] of Asakura (i.e., Asakura teaches the automated driving controller provided with the automated driving mode controller that determines a mode of the automated driving based on operation of the vehicle occupant, wherein the mode switches between automated driving mode and manual driving mode responsive to an automated driving switching switch manufactured to be formed and arranged in optional locations within an interior or the vehicle capable of being in accordance with a driver’s request)).
Regarding claim 7, Asakura and Seder teach the automobile according to claim 1, wherein the windshield includes at least one of a side windshield, a rear windshield, and a roof windshield (FIGS. 1-2, and 11-16, paragraph[0103] of Asakura teaches FIG. 13 is a diagram showing an example of a scene in which the condition of the front window 90a is the visual difficulty condition; in the scene as shown in the drawing, the HMI controller 170 projects the entertainment image ET on an opacified area (“A” in the drawing) of the front window 90a, for example; herein, the HMI controller 170 may opacify the windshields 90 provided in each of the doors, the windshield (rear window) 90 provided on the rear side of the vehicle, the windshield 90 of the roof, etc; and in this case, the HMI controller 170 may display the entertainment, image ET on these opacified windshields of various kinds, and See also at least paragraphs[0058], [0060]-[0061], [0070], [0075]-[0079], [0095], [0100]-[0101]-[0102], [0104]-[0107], and [0108]-[0112] of Asakura (i.e., Asakura teaches a windshield that is provided in each door, front window, rear window, and roof of the vehicle)).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Asakura, in view of Seder, and Gu et al., U.S. Patent Application Publication 2021/0197724 A1 (hereinafter Gu).
Regarding claim 8, Asakura and Seder teach the automobile according to claim 1, but do not expressly teach wherein the display device displays the image output from the entertainment execution device also on an interior mirror.
However, Gu teaches wherein the display device displays the image output from the entertainment execution device also on an interior mirror (FIG. 1, paragraph[0051] of Gu teaches in some embodiments, the rear-view mirror 4 includes an image display panel 4a in an image display area; the image display panel 4a is configured to display various images; for example, the image display panel 4a may be used as an interface for a GPS navigation system, for stream video feeds of images captured be one or more cameras installed outside or inside the vehicle, for various applications such as audio and video applications, and for communication applications such as phone calls, etc; in some embodiments, the rear-view mirror 4 further includes a reflective mirror 4b in a reflective mirror area; the reflective mirror 4b allows the user 6 to view a mirror image of a scene behind the vehicle; optionally, the image display panel 4a and the reflective mirror 4b are substantially integral with each other, and the image display area and the reflective mirror area are substantially overlapping with each other; in one example, the image display panel 4a may be switched on and off depending on the user 6's needs; when the image display panel 4a is switched on, the user 6 is able to view the image displayed on the image display panel 4a; when the image display panel 4a is switched off, the user 6 is able to view the mirror image of a scene behind the vehicle; and optionally, the image display area and the reflective mirror area are substantially non-overlapping with each other (as shown in FIG. 1), and See also at least paragraph[0050] of Gu (i.e., Gu teaches a rear-view mirror, which is mounted on a windshield, that includes an image display panel capable of displaying various images)).
Furthermore, Asakura, Seder, and Gu are considered to be analogous art because they are from the same field of endeavor with respect to a vehicle, and suitably display an image on a windshield of the vehicle. Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the system of Asakura based on Seder and Gu wherein the display device displays the image output from the entertainment execution device also on an interior mirror. One reason for the modification as taught by Seder is to display a graphical image upon an HUD in a non-intrusive manner (paragraph[0196] of Seder). Another reason for the modification as taught by Gu is to suitably control a rear-view mirror based on a user's gaze position and gaze direction (ABSTRACT and paragraph[0003] of Gu).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Asakura, in view of Seder, and Eudy et al., U.S. Patent 11,557,234 B1 (hereinafter Eudy).
Regarding claim 9, Asakura and Seder teach the automobile according to claim 1, but do not expressly teach wherein the windshield includes a light control glass, and the display device displays the image output from the entertainment execution device on the light control glass in a light-blocking mode.
However, Eudy teaches wherein the windshield includes a light control glass, and the display device displays the image output from the entertainment execution device on the light control glass in a light-blocking mode (76 FIGS. 4-6, paragraph[0032] of Eudy teaches referring again to FIG. 4, the windshield 39 may be or include a smart glass 76 to allow parts or the entirety of the windshield 39 to be opaque or transparent upon application of a voltage to the smart glass 76; as non-limiting examples, the smart glass 76 may be a polymer dispersed liquid crystal (PDLC) film, a polymer stabilized liquid crystal (PSLC) film, a guest host liquid crystal layer, and/or one or more electrochromic materials to allow parts or the entirety of the windshield 39 to be opaque or transparent upon application of a voltage to the smart glass 76; the PDLC film entails a dispersion of liquid crystal (LC) droplets in a polymer matrix; further, while normally opaque, the PDLC film has the ability to “clear up” under the influence of an electric field, becoming transparent; in the PSLC film, a polymer forms a sponge-like structure in a continuous liquid crystal (LC) medium, and the concentration of LC is much higher than the polymer concentration; the guest host liquid crystal layers are similar to more common liquid crystal films, but also include polymers, inorganic particles, or dichroic dye within the liquid crystal matrix; electrochromic materials affect the optical color or opacity of a surface when a voltage is applied; regardless of the specific materials used to achieve the smart glass 76, the smart glass 76 allows the parts or the entire windshield 39 to transition between an opaque state and a transparent state; and while the smart glass 76 is shown in FIG. 4, the smart glass 76 may also be part of the windshield shown in FIG. 5, and See also at least Col. 8, Lines 4-31 of Eudy (i.e., Eudy teaches a display that projects images on a windshield that is a smart glass capable of being partly or entirely opaque, or transparent upon application of a voltage to the smart glass)).
Furthermore, Asakura, Seder, and Eudy are considered to be analogous art because they are from the same field of endeavor with respect to a vehicle, and suitably display an image on a windshield of the vehicle. Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the system of Asakura based on Seder and Eudy wherein the windshield includes a light control glass, and the display device displays the image output from the entertainment execution device on the light control glass in a light-blocking mode. One reason for the modification as taught by Seder is to display a graphical image upon an HUD in a non-intrusive manner (paragraph[0196] of Seder). Another reason for the modification as taught by Eudy is to have a display, such as an augmented reality HUD display, and a transparent windshield with a smart glass having electrically-tunable transmittance capabilities (Col. 1, Lines 24-33 of Eudy).
Response to Arguments
Applicant's arguments filed January 26, 2026 have been fully considered but they are not persuasive. The following is a brief summary of Applicant’s arguments:
In regard to currently amended claim 1, Applicants submitted that the combination of prior art of record does not disclose the following limitations: “a display device that displays an image output from the entertainment execution device on a windshield or on a flexible display capable of being raised or lowered between a front windshield and a steering wheel; and a mode select controller that enables selection between an entertainment mode for operating the entertainment execution device and a driving mode for driving the automobile and executes control according to each mode, wherein the mode select controller controls the display device so as to: upon selection of the driving mode, display the image output from the entertainment execution device in a first region of the windshield that is legally permitted for display and does not include a center of the windshield in the vertical direction or on the flexible display in a lowered state; and upon selection of the entertainment mode, display the image output from the entertainment execution device in a second region of the windshield that is wider than the first region and includes the center of the windshield in the vertical direction or on the flexible display in a raised state”.
Examiner respectfully disagrees. In regard to the argument ‘A’ summarized above paragraph[0103] of Asakura teaches FIG. 13 is a diagram showing an example of a scene in which the condition of the front window 90a is the visual difficulty condition; in the scene as shown in the drawing, the HMI controller 170 projects the entertainment image ET on an opacified area (“A” in the drawing) of the front window 90a, for example; and herein, the HMI controller 170 may opacify the windshields 90 provided in each of the doors, the windshield (rear window) 90 provided on the rear side of the vehicle, the windshield 90 of the roof, etc. In this case, the HMI controller 170 may display the entertainment, image ET on these opacified windshields of various kinds, and See also at least paragraphs[0039]-[0046], [0057]-[0059], [0097]-[0102], [0104]-[0108], and [0113]-[0120] of Asakura.
Thus, Asakura teaches the vehicle that includes the human machine interface that is controlled by the HMI controller, which allows the display device to the video image (e.g., project the entertainment image) on the windshield of the vehicle while it is being driven or even stopped).
In addition, paragraph[0102] of Asakura teaches further, HMI controller 170 controls the condition of the front window 90a on the basis of the degree of the automated driving (or the degree of the surroundings monitoring obligation) in each of the automated driving modes executed by the automated driving controller 120, so as to be either the visible condition or the visual difficulty condition; FIG. 12 is a diagram showing the condition of a front window 90a for each traveling mode; for example, in the case of the mode A in which the surroundings monitoring is not required, the HMI controller 170 changes at least the front window 90a into the frosted glass state thereby to opacify it, by using the dimming control device 92; in other words, the HMI controller 170 controls the front window 90a so as to be the visual difficulty condition; then, the HMI controller 170 uses the opacified front window 90a as a screen, and projects and displays the images which are nothing to do with the front visual field, on the front window 90a by using the front display device 82a; the images which are nothing to do with the front visual field are the video images (images) etc. such as the contents, the television programs and the like reproduced by the content reproduction device 85, for example; and hereinafter, the images such as contents, the television programs and the like reproduced by the content reproduction device 85 are referred to as “entertainment image ET”, and See also at least paragraphs[0058], [0070], [0075]-[0079], [0100]-[0101], [0103]-[0112] of Asakura.
Thus, Asakura teaches an automated driving controller provided with an automated driving mode controller that enables the HMI controller to control a condition of at least a front window based on an automated driving mode executed by the automated driving controller, wherein the HMI controller projects and displays at least an image (e.g., an entertainment image ET ) on at least the front window in mode A as well as other windshields.
Still in addition, paragraph[0108] of Asakura teaches FIG. 15 is a diagram showing another example of the scene in which the condition of the front, window 90a changes from the visible condition to the visual difficulty condition; as shown in the drawing, in the case where the surroundings monitoring obligation arises, the HMI controller 170 displays an image HUD1 in the form of HUD on a partial area of the front window 90a by using the front, display device 82a, for example. On the other hand, in the case where the automated driving mode changes into the mode A so that the surroundings monitoring obligation is not required, the HMI controller 170 displays an image HUD2 in the form of HUD on a larger display area than the display area of the image HUD1 which is displayed when the surroundings monitoring obligation arises, by using the front, display device 82a; and consequently, when the surroundings monitoring obligation is not required, the condition of the front window 90a is changed into the visual difficulty condition, and more information than the scene in which the surroundings monitoring obligation is required can be provided to the vehicle occupant, and See also at least paragraphs[0058], [0070], [0075]-[0079], [0100]-[0101]-[0107], [0109]-[0112], and [0127] of Asakura.
Thus, Asakura teaches in a case where the mode in which surroundings monitoring is required (e.g., mode B or mode C) the HMI controller display an image on a smaller display area (e.g., a partial area) than when in mode A in which surroundings monitoring is not required.
Moreover, paragraph[0196] of Seder teaches in another exemplary embodiment, roadside street signs obscured by weather, glare, and darkness may be analyzed by the camera system and augmented to project desirable or critical information to the driver upon the transparent windscreen head up display; as discussed above, weather conditions can be discerned by monitoring a number of informational inputs; on-line data in conjunction with GPS data can be used to estimate current weather conditions; visual data can be analyzed to determine whether precipitation or fog unduly hampers viewing distance sufficiently augmenting a roadside sign to project desirable or critical information upon the HUD; sun rise and sun set timing and location in the sky can be determined according to a calendar and GPS location; this information regarding the position of the sun can be correlated to a directional orientation of the car to augment roadside signs based upon the car being pointed toward the sun; in an exemplary embodiment, and referring to FIGS. 32 and 33, a roadside speed limit sign 214 may be obscured by heavy fog 221 wherein the speed limit sign is recognized by the camera system utilizing pattern recognition to compensate for the effect of the fog 221; if it is determined that the speed limit sign 214 is obscured by the fog 221, a graphical image indicating the speed limit will be projected upon the transparent windscreen head up display; additionally, a roadside street sign may be augmented to indicate a desired turn along a planned route, wherein the roadside turn sign is obscured by adverse weather conditions, glare or darkness; if it is determined that the roadside turn sign is obscured and that the upcoming turn is in agreement with the planned route, a registered graphical image can be projected upon the HUD to alert the driver of the approaching turn; it is appreciated that not all information of obscured roadside signs is highly desirable or critical to the driver; and however, analyzed images of roadside signs discerning non-desirable or non-critical information, may project graphical images upon the HUD in a non-intrusive manner, such as a faint graphical image in a corner of the windscreen, and See also at least paragraphs[0187] of Seder.
Thus, Seder teaches projecting a graphical image upon an HUD in a non-intrusive manner, such as a faint graphical image in a corner of the windscreen.
Furthermore, as mentioned above, Asakura and Seder are considered to be analogous art because they are from the same field of endeavor with respect to a vehicle, and suitably display an image on a windshield of the vehicle. Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the system of Asakura based on Seder to have the image output in the region of the windshield that is legally permitted for display and does not include a center of the windshield. One reason for the modification as taught by Seder is to display a graphical image upon an HUD in a non-intrusive manner (paragraph[0196] of Seder). The same motivation and rationale to combine for claim 1 mentioned above, in light of corresponding statement of grounds of rejection, applies to each claim mentioned in the corresponding statement of grounds of rejection.
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 ABDUL-SAMAD A ADEDIRAN whose telephone number is (571)272-3128. The examiner can normally be reached Monday through Thursday, 8:00 am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amr Awad can be reached at 571-272-7764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDUL-SAMAD A ADEDIRAN/Primary Examiner, Art Unit 2621