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
This office action is in response to communications filed 03/02/2026. Claims 1-10, 21-26 are pending.
Response to Arguments
Applicant’s arguments and amendments with respect to claim(s) 1-10 have been considered but are persuasive.
Claim Objections
Claim 7, 8 28 and 29 are objected to because of the following informalities:
Claim 7 reciters “the transmittance is varied by a voltage applied to the electro-optic layer.” The Office suggests --varying the transmittance by a voltage applied to the electro-optic layer--.
Claim 8 recites “…a transmittance of the variable transmittance layer element is varied by the voltage being applied to the variable transmittance layer element.”
The Office suggests --varying a transmittance of the variable transmittance layer element by a voltage applied to the variable transmittance element--.
Claim 28 is written as “the reflectivity level….is varied…..” The Office suggests --varying the reflectively level of incident light of the electro-optic layer with applying voltage to the electro-optic layer--.
Claim 29 recites “a transmittance level… is varied with a voltage applied to the variable transmittance element. The Office suggests –varying a transmittance level of the variable transmittance element with applying a voltage to the variable transmittance element.—
Other suggestions for claims 28 and 29 include –varying….by a voltage applied--.
Appropriate correction is required.
Specification
The disclosure is objected to because of the following informalities:
Paragraph states S310 instead of S301.
[0077] In step S301, the first posture is not available or in other words when judged that this is the second posture, the process proceeds to step S302, and transmittance control of the electrochromic layer 32 is enabled. When the transmittance control is enabled, the control circuit 202 sets the transmittance control of the electrochromic layer 32 to enable based on the first sensor value or the second sensor value. The transmittance control is in other words implemented as illustrated in FIG. 10.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 5 and 26 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 5 and 26 recite “the first illuminance sensor configured to detect the intensity of light emitted on the part of the display device.”
The applicant’s specification does not provide details of the claimed subject matter. The second illuminance sensor detects the intensity of light emitted on the display device. Please review the specification and provide support for the limitations or amend the limitations as supported by the specification.
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 § 2146 et seq. 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, 2, 4, 5, 7, 8 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-3, 5, 7, 9 of US 12,397,710 and Claims 1-3, 7 and 8 of US 12,054,099. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is broader than 12,397,710 and 12,054,099.
Regarding Claim 1 of the instant application corresponds to
Claim 1-3 of US 12,397,710
Claim 1-3 of US 12,054,099
A display control method for a display device mounted in a vehicle, the display device including an electro-optic layer, the electro-optic layer being configured to transmit a first part of incident light, reflect a second part of the incident light, and be switched between a first posture and a second posture, the display control method comprising:
varying, when the electro-optic layer is in the second posture, a transmittance of the electro-optic layer within a predetermined range based on the intensity of light emitted on the display device detected by a sensor, the predetermined range being between a first transmittance and a second transmittance, the first reflectivity second transmittance being greater than the second reflectivity first transmittance:
see below
switching the electro-optic layer from the second posture to the first posture;
displaying, when the electro-optic layer is in the first posture, a rearward image of the vehicle on a screen of a display provided between the electro-optic layer and a part of a housing of the display device; and
nullifying, when the electro-optic layer is in the first posture, the varying of the reflectivity transmittance of the electro-optic layer within the predetermined range based on the intensity of light emitted on the display device.
A display device placeable within an interior of a vehicle, the display device comprising:
a housing;
an electro-optic layer configured to vary reflectivity of incident light, to transmit a portion of the incident light, and to reflect another portion of the incident light;
a display configured to display at least a portion of a rearward image captured by an image capture device; and
an actuator provided in the housing and configured to switch the electro-optic layer between a first posture and a second posture, wherein the display is configured to display at least the portion of the rearward image when the electro-optic layer is in the first posture, the reflectivity of the incident light varies between at least two values including a first value and a second value based on at least one of a first illuminance or a second illuminance when the electro-optic layer is in the second posture, the second value being larger than the first value, the reflectivity of the incident light is equal to or more than the second value when the electro-optic layer is in the first posture, the first illuminance indicates brightness around the vehicle and is detected by a first illuminance sensor, and the second illuminance indicates intensity of light emitted on a front surface of the display device and is detected by a second illuminance sensor.
A display device placeable within an interior of a vehicle, the display device comprising: a housing; an electro-optic layer configured to vary reflectivity of incident light, to transmit a portion of the incident light, and to reflect another portion of the incident light; a display configured to display at least a portion of a rearward image;
a display device control circuit configured to control operation of the display device; and
an actuator provided in the housing and configured to switch the electro-optic layer between a first posture and a second posture, wherein the display is configured to display at least the portion of the rearward image when the electro-optic layer is in the first posture, the display is configured not to display the rearward image when the electro-optic layer is in the second posture, the reflectivity of the incident light varies between at least two values including a first value and a second value based on a value of at least one of a first illuminance and a second illuminance when the electro-optic layer is in the second posture, the second value being larger than the first value, the reflectivity of the incident light is equal to or more than the second value when the electro-optic layer is in the first posture, the first illuminance indicates brightness around the vehicle and is detected by a first illuminance sensor, the second illuminance indicates intensity of light emitted on a front surface of the display device and is detected by a second illuminance sensor, and the display is visible to a driver of the vehicle through the electro-optic layer when the display displays at least the portion of the rearward image.
2. The display device according to claim 1, wherein the electro-optic layer includes a transmissive-reflective layer, the first posture is a posture that a driver of the vehicle views rearward of the vehicle by at least the portion of the rearward image displayed on the display, and the second posture is a posture that the driver views rearward of the vehicle by way of a mirror image that appears on the transmissive-reflective layer.
3. The display device according to claim 1, wherein the actuator switches the electro-optic layer between the first posture and the second posture by changing a posture of the housing.
5. The display device according to claim 1, further comprising an electro-optic layer control circuit configured to control operation of the electro-optic layer, wherein the electro-optic layer control circuit controls the reflectivity of the electro-optic layer by varying a value of a voltage applied to the electro-optic layer when the electro-optic layer is in the second posture, and the electro-optic layer control circuit does not control the reflectivity of the electro-optic layer when the electro-optic layer is in the first posture.
2. The display device according to claim 1, wherein the electro-optic layer includes a transmissive-reflective layer, the first posture is a posture that the driver of the vehicle views rearward of the vehicle by at least the portion of the rearward image displayed on the display, and the second posture is a posture that the driver views rearward of the vehicle by way of a mirror image that appears on the transmissive-reflective layer.
4. The display device according to claim 1, wherein the actuator is coupled to the electro-optic layer and switches the electro-optic layer between the first posture and the second posture without changing a posture of the housing.
Regarding Claim 1, the limitation of varying a transmittance is the equivalent of varying the reflectivity, so varying the transmittance inherently varies the reflectivity as described in paragraph 0049 and 0050 of the instant application’s specification as well as Figure 11, paragraphs 0083-0084).
Claim 2, 4, 5, 7, 8 of the instant application corresponds to claim 1, 2, 6, 5&7, 5, 12,397,710 and claim 8, 2, 1, 7&9, and 7 of 12, 054,099 respectively.
Claims 21, 22, 25 and 26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 8 of U.S. Patent No. 11,787,341 and Claims 1, 2 of 11,501,737. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application is broader than 11,787,341 and 11,501,737.
Regarding Claim 21 of the instant application corresponds to
Claim 1 and 3 of the 11,787,341
Claim 10 of US 11,501,737
A display control method for a display device mounted in a vehicle, the display control method comprising:
varying a reflectivity level of an electro-optic layer within at least part of variable reflectivity levels of the electro-optic layer based on an intensity of light emitted on a part of a display device, when the electro-optic layer is in a downward posture, the electro-optic layer being visible from an outside of the display device through an opening of a housing of the display device, the electro-optic layer having the variable reflectivity levels of incident light to transmit a first part of the incident light, and to reflect a second part of the incident light, the at least part of the variable reflectivity levels being between a first reflectivity level and a second reflectivity level, the first reflectivity level being greater than the second reflectivity level, a first normal direction of the electro-optic layer extending outward from an inside of the housing through the opening of the housing in the downward posture;
displaying a rearward image of the vehicle on a screen of a display, the rearward image captured by an image capture device, when the electro-optic layer is in an upward posture, the display provided between the electro-optic layer and a part of the housing of the display device, and coupled with the image capture device capturing the rearward image of the vehicle, a second normal direction of the electro-optic layer extending outward from the inside of the housing through the opening of the housing in the upward posture, the second normal direction of the electro-optic layer in the upward posture being oriented more upward than the first normal direction of the electro-optic layer in the downward posture; and
nullifying the varying of the reflectivity level of the electro-optic layer within the at least part of the variable reflectivity levels of the electro-optic layer based on the intensity of light emitted on the part of the display device, when the electro-optic layer is in the upward posture.
A display device placeable inside of a vehicle, the display device comprising:
a housing with an opening on a front side;
an electro-optic layer that includes a transmissive-reflective layer and configured to vary reflectivity of incident light, the transmissive-reflective layer transmits a portion of the incident light and reflects another portion of the incident light;
a display provided on a rear side of the electro-optic layer;
a control circuit that controls an operation of the display device; and
an actuator provided in the housing and that switches the electro-optic layer between a first posture and a second posture, wherein
the control circuit:
controls an operation of the display,
generates a trimmed image matching a shape of the opening or a shape of the display by cutting out a part of a rearward image acquired by an image capture device,
outputs the trimmed image to the display,
controls the reflectivity of the electro-optic layer when the electro-optic layer is in the second posture, and
does not control the reflectivity of the electro-optic layer when the electro-optic layer is in the first posture, and
the display is visible to a driver of the vehicle through the electro-optic layer when the control circuit controls the display to display the trimmed image.
A display device placeable within interior of a vehicle, the display device comprising:
a housing;
an electro-optic layer that includes a transmissive-reflective layer and configured to vary reflectivity of incident light, the transmissive-reflective layer transmits a portion of the incident light and reflects another portion of the incident light,;
a display configured to display at least a portion of a rearward image;
a control circuit that controls operation of the display device; and
an actuator placed in the housing and configured to switch a posture of the electro-optic layer between a first posture and a second posture, wherein
a normal line direction of the electro-optic layer in the first posture is more upward than a normal line direction of the electro-optic layer in the second posture,
the control circuit controls:
brightness of the display device based on a value of at least one of a first illuminance and a second illuminance,
the display to display at least the portion of the rearward image when the electro- optic layer is in the first posture, Appl. No. 17/243,204Attorney Docket No. P62982
the display to display no image when the electro-optic layer is in the second posture, and
the reflectivity of the electro-optic layer based on the value of at least one of the first illuminance and the second illuminance when the electro-optic layer is in the second posture,
the control circuit does not control the reflectivity of the electro-optic layer when the electro-optic layer is in the first posture,
the first illuminance indicates brightness around the vehicle and is detected by a first illuminance sensor,
the second illuminance indicates intensity of light emitted on a front surface of the display device and is detected by a second illuminance sensor, and
the display is visible to the driver of the vehicle through the electro-optic layer when the display displays at least the portion of the rearward image.
3. The display device according to claim 1, wherein a normal line direction of the electro-optic layer in the first posture is more upward than a normal line direction of the electro-optic layer in the second posture.
Claim 22, 25, 26 of the instant application corresponds to claim 2, 8 and 4 of 11,787,341 and 2, 6, of US 11,501,737 respectively.
Allowable Subject Matter
Claims 3, 6, 9, 10, 23, 24, 27-30 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
THIS ACTION IS MADE FINAL. 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 FARZANA HOSSAIN whose telephone number is (571)272-5943. The examiner can normally be reached 9:00 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Kelley can be reached at 571-272-7331. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FARZANA HOSSAIN/Primary Examiner, Art Unit 2482
March 18, 2026