DETAILED ACTION
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 .
Response to Amendment
2. The amendment filed on 7/31/2026 has been entered and considered by examiner.
In view of newly discovered prior art detailed below prosecution has been reopened to present the new grounds of rejections.
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) 1-2, 4, 7-17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Madau (US 2013/0097557) in view of Yasuda (US 20230264697).
5. As to claim 1, Madau (Figs. 1-23) teaches a method of displaying information (information displayed by each of the menus 28a, 28b, and 28c; [0043], lines 7-8; Figs. 1-2) on a head-up display (a display component 15 which is a heads-up display (HUD); [0043], lines 1-2; Figs. 1-2) of a vehicle (a vehicle 11), wherein a control circuitry (a processor 14 which is complex set of electronic, logic circuitry) is coupled to the head-up display (a display component 15 which is a heads-up display (HUD)), (Fig. 2), the method comprising:
determining a direction of gaze (determining a gaze vector) of a driver (a user) of the vehicle (the vehicle 11) (Fig. 1 and 204 of Fig. 8);
selecting a display mode (a mode in Fig. 6 or an alternate mode in Fig. 7) from a group of display modes (the mode in Fig. 6 and the alternate mode in Fig. 7) based on the direction of gaze (the gaze vector) (Fig. 1 and 208 of Fig. 8), each display mode of the group of display modes (the mode in Fig. 6 and the alternate mode in Fig. 7) defining information ((fuel gauge graphic information, Range), ((turn left, turn direction, est. arrival) and road graphic information), (NW, MPH, and RPM)) to be displayed on the head-up display (the heads-up display (HUD)), wherein the group of display modes the mode in Fig. 6 and the alternate mode in Fig. 7) comprises at least a normal mode (a mode in Fig. 6) and an extended mode (an alternate mode in Fig. 7), wherein information ((turn left, turn direction, est. arrival), graphic information, trip time, and a circle gauge in 28b) displayed in the extended mode the alternate mode in Fig. 7) differs from information ((turn left, turn direction, est. arrival), and graphic information) displayed in the normal mode (the mode in Fig. 6), and wherein a display area (a menu system 26) used by the head-up display (the heads-up display (HUD)) on a front windshield (a front windshield) of the vehicle (the vehicle 12) is the same (28a, 28b, and 28c in Figs. 6 and 7) for all display modes of the group of display modes (the mode in Fig. 6 and the alternate mode in Fig. 7); and
displaying the information (28a, 28b, and 28c) on the head-up display (the heads-up display (HUD)) according to the selected display mode (the mode in Fig. 6 or the alternate mode in Fig. 7) (Figs. 6-7).
Madau does not expressly disclose, wherein the extended mode is selected when the direction of gaze falls on the display area used by the head-up display on the front windshield of the vehicle; and
wherein the normal mode is selected when the direction of gaze falls outside the display area.
Yasuda discloses, wherein the extended mode (mapped to the increased augmented view) is selected when the direction of gaze falls on the display area used by the vehicle (para. 38 details gaze sensors 134 in fig. 1; paras. 51-53 details attentiveness determination based on whether the driver is looking at the display “if the driver is looking away from the road or from the display(s)” then the driver is adjudged to be inattentive. Para. 67, “if the determined level of attentiveness does not meet the threshold, the XR module(s) 180 can be configured to decrease the level of augmentation in the video”); and
wherein the normal mode (mapped to the decreased augmentation view) is selected when the direction of gaze falls outside the display area (see the above discussion concerning attentiveness detection and display mode adjustment in response).
Madau and Yasuda are analogous art because they are from the same field of endeavor namely vehicle-based displays.
At the time of filing it would have been obvious to one of ordinary skill in the art to apply the attentiveness and adapting UI of Yasuda to the base display device of Madau. The result would have predictable resulted in a HUD vehicle display that varied the UI elements in response to driver gaze shifts. The motivation for doing so would have been facility driver safety (Yasuda; para. 90).
As to claim 2, Madau in view of Yasuda teaches the method of claim 1,
Madau further discloses, wherein an amount of information (information in 28b, e.g., trip time and a circle gauge) displayed in the extended mode (the alternate mode in Fig. 7) is greater than an amount of information (information in 28b) displayed in the normal mode (the mode in Fig. 6) (Figs. 6-7).
As to claim 4, Madau in view of Yasuda teaches the method of claim 1,
Madau further discloses, wherein at least one piece of information (28b), which is to be displayed in the normal mode (the mode in Fig. 6) and in the extended mode (the alternate mode in Fig. 7), is displayed as a graphical representation (a fuel gauge) in the normal mode (the mode in Fig. 6) and as a textual representation (Range 100mi) in the extended mode (the alternate mode in Fig. 7) (Figs. 6-7).
As to claim 5, Madau in view of Yasuda teaches the method of claim 1,
Madau further discloses, wherein the extended mode (the alternate mode in Fig. 7) is selected when the direction of gaze (the gaze vector; the field of focus) falls on a display area (a menu system 26) used by the head-up display (the heads-up display (HUD)) on the front windshield (a front windshield) of the vehicle (the vehicle 12) (Fig. 7).
As to claim 7, Madau in view of Yasuda teaches the method of claim 1,
Madau further discloses, determining a focal plane (a field of focus) of a driver's gaze (a user’s gaze) (204 and 206 of Fig. 8); and
selecting the display mode (the mode in Fig. 6 or the alternate mode in Fig. 7) from the group of display modes (the mode in Fig. 6 and the alternate mode in Fig. 7) additionally based on the focal plane (the field of focus) (Figs. 6-8).
As to claim 8, Madau in view of Yasuda teaches the method of claim 7,
Madau further discloses,wherein the extended mode (the alternate mode in Fig. 7) is selected when the focal plane (the field of focus) of the gaze of the driver (the user’s gaze) coincides with a plane of a display area (a menu system 26) used by the head-up display (the heads-up display (HUD)) on the front windshield (a front windshield) of the vehicle (the vehicle 12) (Fig. 7).
As to claim 9, Madau in view of Yasuda teaches the method of claim 1,
Madau further discloses, wherein the extended mode (the alternate mode in Fig. 7) is selected when the direction of gaze (the gaze vector; the field of focus) falls on a specific area (a menu system 26) on the front windshield (a front windshield) of the vehicle (the vehicle 12), at least one of a size and position (the third position) of the specific area (the menu system 26) being configurable by the driver (the user) (Fig. 7).
As to claim 10, Madau in view of Yasuda teaches the method of claim 9,
Madau in Yasuda further discloses,
wherein the normal mode is selected when the direction of gaze falls outside the specific area (Madau as shown in fig. 9 details gaze detection in a specific area; Yasuda also details gaze detection to determine if the driver is looking at a specific area, i.e. the display, paras. 51-53).
As to claim 11, Madau in view of Yasuda teaches the method of claim 1,
Madau further discloses, herein at least one piece of information (turn left), which is to be displayed in the normal mode (the mode in Fig. 6) and in the extended mode (the alternate mode in Fig. 7), is displayed in the normal mode (the mode in Fig. 6) at a lower position in the vertical direction of the vehicle (the vehicle 12) than in the extended mode (the alternate mode in Fig. 7) (Figs. 6-7).
As to claim 12, Madau in view of Yasuda teaches the method of claim 1,
Madau further discloses, wherein determining the direction of gaze of the driver comprises:
capturing at least one image of a driver's face with a camera of the vehicle (the at least one sensor 12 is a complementary metal-oxide-semiconductor (CMOS) camera for capturing an image of at least a portion of a head (e.g. face or eyes) of the user; [0035], lines 4-8); and
determining the direction of gaze of the driver based on processing the at least one image (the at least one sensor 12 is a user tracking device capable of detecting a vision characteristic of a face or head of a user (e.g. a head pose, a gaze vector or direction, a facial feature, and the like; generating a sensor signal representing the image; [0035], lines 1-4 and 8).
As to claim 13, Madau in view of Yasuda teaches the method of claim 1,
Madau further discloses,the control circuity (a processor 14 which is complex set of electronic, logic circuitry) for executing the method of claim 1 (Fig. 2).
As to claim 14, Madau (Figs. 1-23) teaches an apparatus (an adaptive display system 10; Figs. 1-2) including control circuitry (a processor 14 which is complex set of electronic, logic circuitry and display components 16, 16’, 16”) for a head-up display (a display component 15 which is a heads-up display (HUD)) of a vehicle (a vehicle 11) (Figs. 1-2), the control circuitry (the processor 14 and the display components 16, 16’, 16”) comprising:
at least one interface (display components 16, 16’, 16”) for controlling the head-up display (the display component 15 which is the heads-up display (HUD)) and receiving data (a sensor signal) from which a direction of gaze (a gaze vector) of a driver (a user) of the vehicle (the vehicle 11) can be determined (Fig. 1-2 and 204 of Fig. 8), wherein the control circuitry (the processor 14 and the display components 16, 16’, 16”) is configured to:
determine the direction of gaze of the driver of the vehicle based on the received data (the at least one sensor 12 is a user tracking device capable of detecting a vision characteristic of a face or head of a user (e.g. a head pose, a gaze vector or direction, a facial feature, and the like; generating a sensor signal representing the image; [0035], lines 1-4 and 8);
select a display mode (a mode in Fig. 6 or an alternate mode in Fig. 7) from a group of display modes (the mode in Fig. 6 and the alternate mode in Fig. 7) based on the direction of gaze (the gaze vector) (Fig. 1 and 208 of Fig. 8), each display mode of the group of display modes (the mode in Fig. 6 and the alternate mode in Fig. 7) defining information ((fuel gauge graphic information, Range), ((turn left, turn direction, est. arrival) and road graphic information), (NW, MPH, and RPM)) to be displayed on the head-up display (the heads-up display (HUD)), wherein the group of display modes (the mode in Fig. 6 and the alternate mode in Fig. 7) comprises at least a normal mode (the mode in Fig. 6) and an extended mode (the alternate mode in Fig. 7), wherein information ((turn left, turn direction, est. arrival), graphic information, trip time, and a circle gauge in 28b) displayed in the extended mode (the alternate mode in Fig. 7) differs from information ((turn left, turn direction, est. arrival), and graphic information) displayed in the normal mode (the mode in Fig. 6) (Figs. 6-7), and wherein a display area (a menu system 26) used by the head-up display (the heads-up display (HUD)) on a front windshield (a front windshield) of the vehicle (the vehicle 12) is the same (28a, 28b, and 28c in Figs. 6 and 7) for all display modes of the group of display modes (the mode in Fig. 6 and the alternate mode in Fig. 7) (Figs. 6-7); and
control the head-up display (the heads-up display (HUD)) to display the information ((fuel gauge graphic information, Range), (NW, MPH, and RPM), ((turn left, turn direction, est. arrival) and road graphic information)) on the head-up display (the heads-up display (HUD)) according to the selected display mode (the mode in Fig. 6 or the alternate mode in Fig. 7) (Figs. 6-7).
Madau does not expressly disclose, wherein the extended mode is selected when the direction of gaze falls on the display area used by the head-up display on the front windshield of the vehicle; and
wherein the normal mode is selected when the direction of gaze falls outside the display area.
Yasuda discloses, wherein the extended mode (mapped to the increased augmented view) is selected when the direction of gaze falls on the display area used by the vehicle (para. 38 details gaze sensors 134 in fig. 1; paras. 51-53 details attentiveness determination based on whether the driver is looking at the display “if the driver is looking away from the road or from the display(s)” then the driver is adjudged to be inattentive. Para. 67, “if the determined level of attentiveness does not meet the threshold, the XR module(s) 180 can be configured to decrease the level of augmentation in the video”); and
wherein the normal mode (mapped to the decreased augmentation view) is selected when the direction of gaze falls outside the display area (see the above discussion concerning attentiveness detection and display mode adjustment in response).
Madau and Yasuda are analogous art because they are from the same field of endeavor namely vehicle based displays.
At the time of filing it would have been obvious to apply the attentiveness and adapting UI of Yasuda to the base display device of Madau. The result would have predictable resulted in a HUD vehicle display that varied the UI elements in response to driver gaze shifts. The motivation for doing so would have been facility driver safety (Yasuda; para. 90).
As to claim 15, Madau in view of Yasuda teaches the vehicle comprising:
the control circuitry (the processor 14 and the display components 16, 16’, 16”) of claim 14.
Madau further discloses, the head-up display (the heads-up display (HUD)), and
a camera (a complementary metal-oxide-semiconductor (CMOS) camera) configured to capture at least one image of the face of the driver of the vehicle as the data (capturing an image of at least a portion of a head (e.g. face or eyes) of the user) from which the direction of gaze (a gaze vector) of the driver (the user) of the vehicle (the vehicle 11) can be determined ([0035], lines 1-8).
As to claim 16, Madau (Figs. 1-23) teaches a method of displaying information (information displayed by each of the menus 28a, 28b, and 28c; [0043], lines 7-8; Figs. 1-2) on a head-up display (a display component 15 which is a heads-up display (HUD); [0043], lines 1-2; Figs. 1-2) of a vehicle (a vehicle 11), the method comprising:
determining a direction of gaze (determining a gaze vector) of a driver (a user) of the vehicle (the vehicle 11) (Fig. 1 and 204 of Fig. 8);
selecting a display mode (a mode in Fig. 6 or an alternate mode in Fig. 7) from a group of display modes (the mode in Fig. 6 and the alternate mode in Fig. 7) based on the direction of gaze (the gaze vector) (Fig. 1 and 208 of Fig. 8), each display mode of the group of display modes (the mode in Fig. 6 and the alternate mode in Fig. 7) defining information ((fuel gauge graphic information, Range), ((turn left, turn direction, est. arrival) and road graphic information), (NW, MPH, and RPM)) to be displayed on the head-up display (the heads-up display (HUD)), wherein the group of display modes (the mode in Fig. 6 and the alternate mode in Fig. 7) comprises at least a first mode (the mode in Fig. 6) and an second mode (the alternate mode in Fig. 7), wherein information ((turn left, turn direction, est. arrival), graphic information, trip time, and a circle gauge in 28b) displayed in the second mode (the alternate mode in Fig. 7) differs from information ((turn left, turn direction, est. arrival), and graphic information) displayed in the first mode (the mode in Fig. 6) (Figs. 6-7), and wherein a display area (a menu system 26) used by the head-up display (the heads-up display (HUD)) on a front windshield (a front windshield) of the vehicle (the vehicle 12) is the same (28a, 28b, and 28c in Figs. 6 and 7) for all display modes of the group of display modes (the mode in Fig. 6 and the alternate mode in Fig. 7) (Figs. 6-7); and
displaying the information (28a, 28b, and 28c) on the head-up display (the heads-up display (HUD)) according to the selected display mode (the mode in Fig. 6 or the alternate mode in Fig. 7) (Figs. 6-7).
Madau does not expressly disclose, wherein the extended mode is selected when the direction of gaze falls on the display area used by the head-up display on the front windshield of the vehicle; and
wherein the normal mode is selected when the direction of gaze falls outside the display area.
Yasuda discloses, wherein the extended mode (mapped to the increased augmented view) is selected when the direction of gaze falls on the display area used by the vehicle (para. 38 details gaze sensors 134 in fig. 1; paras. 51-53 details attentiveness determination based on whether the driver is looking at the display “if the driver is looking away from the road or from the display(s)” then the driver is adjudged to be inattentive. Para. 67, “if the determined level of attentiveness does not meet the threshold, the XR module(s) 180 can be configured to decrease the level of augmentation in the video”); and
wherein the normal mode (mapped to the decreased augmentation view) is selected when the direction of gaze falls outside the display area (see the above discussion concerning attentiveness detection and display mode adjustment in response).
Madau and Yasuda are analogous art because they are from the same field of endeavor namely vehicle based displays.
At the time of filing it would have been obvious to apply the attentiveness and adapting UI of Yasuda to the base display device of Madau. The result would have predictable resulted in a HUD vehicle display that varied the UI elements in response to driver gaze shifts. The motivation for doing so would have been facility driver safety (Yasuda; para. 90).
As to claim 17, Madau in view of Yasuda teaches the method of claim 16.
Madau further discloses, wherein an amount of information (information in 28b, e.g., trip time and a circle gauge) displayed in the second mode (the alternate mode in Fig. 7) is greater than an amount of information (information in 28b) displayed in the first mode (the mode in Fig. 6) (Figs. 6-7).
As to claim 19, Madau in view of Yasuda teaches the method of claim 16.
Madau further discloses,wherein at least one piece of information (28b), which is to be displayed in the normal mode (the mode in Fig. 6) and in the second mode (the alternate mode in Fig. 7), is displayed as a graphical representation (a fuel gauge) in the first mode (the mode in Fig. 6) and as a textual representation (Range 100mi) in the second mode (the alternate mode in Fig. 7) (Figs. 6-7).
As to claim 20, Madau in view of Yasuda teaches the method of claim 16.
Madau further discloses, wherein the second mode (the alternate mode in Fig. 7) is selected when the direction of gaze (the gaze vector; the field of focus) falls on the display area (the menu system 26) used by the head-up display (the heads-up display (HUD)) on a front windshield (a front windshield) of the vehicle (the vehicle 12) (Fig. 7).
Response to Arguments
7. Applicant’s arguments with respect to claim(s) 1-2, 4, 7-17, and 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US20200051529 – figure 10 details changing display modes based on user gaze
US20180088667 – figure 6 details updating a level of detail for a display screen based on user attentiveness.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to William L Boddie whose telephone number is (571)272-0666. The examiner can normally be reached 8 - 4:15 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alex Beck can be reached at 571-272-3750. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/WILLIAM BODDIE/Supervisory Patent Examiner, Art Unit 2625
Prosecution Insights