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
This is in response to amended claims filed on 5/8/25, in which Claims 1-12 are presented for examination of which Claims 1, 11 and 12 are in independent form.
Specification
Please include “virtual origin” and “target” into the title.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-12 of U.S. Patent No US 12344267 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because broader claims in a later application constitute obvious double patenting of narrow claims in an issued patent. See In re Van Ornum and Stang, 214, USPQ 761, 766, and 767 (CCPA) (the court sustained an obvious double patenting rejection of generic claims in a continuation application over narrower species claims in an issued patent); In re Vogel, 164 USPQ 619, 622, and 623 (CCPA 1970) (generic application claim specifying "meat" is obvious double patenting of narrow patent claim specifying "pork"). Alternatively, it would have been obvious to one having ordinary skill in the art at the time the invention was made to omit the additional elements, since it has been held that omission of an element and its function in a combination where the remaining elements perform the same functions as before involves only routine skill in the art. In re Karlson, 136 USPQ 184.
Allowable Subject Matter
Claims 1-12 would allowable if a terminal disclaimer is filed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a. Takeshi et al. (Takeshi; JP 2021037916 A) discloses a display control device (Abstract, 100 of Figs 1-2) comprising: a memory, and a processor coupled to the memory ([0035] HCU 100 mainly includes a computer including a processing unit 11, a RAM 12, a storage unit 13), wherein the processor is configured to: acquire positional information ([0023] position information) about a target ([0023] recognizes pedestrians and cyclists, road lane markings, vehicles in front and parallel vehicles, etc. as targets) based on detection information ([0023] detection information) of a target detection section ([0023] traveling environment recognition unit 51 recognizes the traveling environment around the vehicle As based on the detection information acquired from the peripheral monitoring sensor 30) that detects the target in surroundings of a vehicle ([0038] acquires information on a notification target NT existing in the periphery of the vehicle); set a virtual origin (BP of Fig 6, [0050] warning icon CTpw is a display object including the main body image unit BP) in an output range of an output section that outputs an image (see Figs 5-8, 12-18) to a display area provided in a cabin of the vehicle ([0015] system 10 used in a vehicle As, together with a head-up display (hereinafter, “HUD”) 20); set a hypothetical line (SL of Figs 6-7, [0051] stretched image section SL has a shape that stretches in a straight strip shape from the main body image section BP toward the notification target NT) connecting the virtual origin to a position of the positional information (NT of Figs 6-7); and generate, based on the hypothetical line, a mark that urges caution toward the target and that is overlay displayed ([0049] warning icon CTpw is a superposed content CTs that warns the driver of the existence of the notification target NT existing around the vehicle) on the display area ([0048] including caution icon CTpn and warning icon CTpw).
b. LI et al. (Li; US 20170330463 A1) discloses an image of nearby surroundings of a user's vehicle, including images of the user's vehicle and threshold lines that define a range of distance from the user's vehicle. The image is changed in accordance with a positional relationship between another vehicle and the range of distance. Li discloses the processor is configured to generate the mark at a position near to the virtual origin so as to be larger than the mark at a position far from the virtual origin (Figs 24A-C; [0199] FIG. 24C illustrates the image 16G of the nearby surroundings of the user's vehicle when viewed from that viewpoint. In the image 16G of the nearby surroundings of the user's vehicle, the icon 17 indicating the user's vehicle and the icon 35 indicating the target vehicle are enlarged for display).
c. YAGYU et al. (US 20220118983 A1) discloses a display control device for a vehicle having a function of performing a lane change control based on a driver's input to control a display on a head-up display. The display control device acquires route information of the vehicle, and displays a route guidance content providing a route guidance based on the route information to be superimposed on a road surface.
d. YOSHIDA et al. (US 20160082840 A1) discloses an information display system for supporting a high safety driving, so that a driver can clearly recognize an obstacle. A shape of a virtual image indicating an outline or a frame line of the obstacle is changed according to a risk level of the obstacle against a vehicle, and a display position of the virtual image is adjusted according to a viewpoint position of the driver, so that a deviation in displaying between an actual obstacle and the virtual image is suppressed.
e. ASAMI et al. (US 20210268961 A1) discloses a display system including a virtual image display device configured to detect a moving object and a fixed object and to display an image in a position superimposed on the detected object. When another moving object is detected, the virtual image display device regards this moving object as a target to be watched and displays an exaggerating image corresponding to surroundings near the target.
f. KONDO et al. (US 20200286292 A1) discloses an imaging unit that captures a visual field. A detector detects a position of an eyeball and a sight line of an occupant. A visual point identifier identifies a position of a visual point of the occupant in the visual field, the eye position and the sight line direction. A measuring unit measures a position and a distance of an object included in the image of the visual field. Three-dimensional images are displayed at a given magnification ratio calculated by reducing the ratio as the distance from the occupant increases.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S RUSHING whose telephone number is (571)270-5876. The examiner can normally be reached on 10-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK S RUSHING/Primary Examiner, Art Unit 2689
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