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 .
Claim Objections
Regarding claims 1, 2 and 7, it has been held that the recitation that an element is "capable of' (claim 1, line 3; claim 2, line 2; claim 7, line 2) performing a function is not a positive limitation but only requires the ability to SO perform. It does not constitute a limitation in any patentable sense. In re Hutchison, 69 USPQ 138. Examiner suggests Applicants amend "capable of' by another positive meaning term.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2 and 7 are rejected under 35 U.S.C. 102(a)(1) or 102(a)(2) as being anticipated by Sakata et al. (US 2020/0070716).
Regarding claim 1: Sakata discloses a road surface drawing device (lighting devices, 50, 150), comprising: a road surface drawing lamp (projector) that draws a pattern (Figs. 3-7) on a road surface and that is capable of changing a drawing color of the pattern ([0194, 0314]); a brightness detector (illuminance sensor, [0069]) that measures a brightness of the road surface or a surrounding environment thereof ([0303]); and a controller (ECU, 10) that determines the drawing color of the pattern based on an output of the brightness detector and that controls the road surface drawing lamp such that the pattern is drawn in the determined drawing color ([0311-0315]).
Regarding claim 2: Sakata discloses the road surface drawing lamp is capable of changing the drawing color of the pattern from a plurality of colors including at least one chromatic color and white, and wherein the controller selects either a colored mode or an achromatic mode based on the output of the brightness detector, determines the drawing color of the pattern from the plurality of colors in the colored mode, and determines the drawing color of the pattern to be white in the achromatic mode ([0194-0195, 0311-0315]).
Regarding claim 7: Sakata discloses the road surface drawing lamp is capable of changing the drawing color of the pattern from a plurality of colors including at least one chromatic color and white, and the controller determines whether or not each of the plurality of colors is available as a drawing color for the pattern based on the output of the brightness detector ([0194-0195, 0311-0315]).
Allowable Subject Matter
Claims 3-6 are 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
-Suzuki et al. (US 2019/0078877) discloses a road surface assessment for a vehicle includes an illumination device, a detector and an assessment unit.
-Ching (US 11,926,257) discloses a multi-lighting projection warning device for vehicle turning.
-Imaishi et al. (US 10,960,813) discloses an irradiation system for emitting a light pattern including a single or a plurality of light elements having a certain shape.
-Omanovic (US 10,752,165) discloses visual signal systems projected from a vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOAN NGOC PHAM whose telephone number is (571)272-2967. The examiner can normally be reached M - F (7 AM - 3:30 PM).
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/TOAN N PHAM/Primary Examiner, Art Unit 2685 8/22/26
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