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
Claim 5 is objected to because of the following informalities:
As to claim 5, the phrase “claims 4” in line 2 of the claim should be changed to “claim 4”. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “control unit” in claims 1-3, and 5-7.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 7 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because it recites "A computer-readable storage medium" in line 1 of the claim which do not have a physical or tangible form.
Accordingly, the Broadest Reasonable Interpretation of "A computer-readable storage medium " covers transitory signals such as carrier waves, which is non- statutory.
The Examiner suggests amending the claim to recite "A non-transitory computer-readable storage medium " in order to overcome the current 35 U.S.C. § 101 rejection.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kasahara (JP 2022-129521, attached English machine translation is used in the rejection).
As to claim 1, Kasahara teaches a display device suitable for a head-up display ([0001]: head-up display), comprising a transmission type display ([0015]; [0019]; [0026]: light modulation element 51 is, for example, an LCD, which is a transmissive display panel);
a light source (60 in Fig. 2) which is spaced apart from the transmission type display (51 in Fig. 2; [0026]: light modulation element 51 is, for example, an LCD, which is a transmissive display panel) and which includes a plurality of light emitting elements ([0029]: directional light source unit (light source element) 60 consists of a light source 70, a scanning device (scanner) 75, a first field lens (illumination optical system) 76, a second field lens (illumination optical system) 77, and a light diffusion optical system 80; [0030];[0041]: illumination light emitted from each partial region D of the directional light source unit 60. Light-emitting region DM emits illumination light; [0082]: Illumination light emitted from light-emitting region DM), and
a control unit that receives information on an eye position of a user ([0028]: The display control device 30, detects the observer's eye position from the eye position detection unit 411; [0046]: display control device 30 (processor 33); [0048-0049]),
wherein the control unit selectively controls the plurality of light emitting elements, so to illuminate a predetermined area corresponding to the eye position of the user through the transmission type display by means of a subset of the plurality of light emitting elements ([0027-0030]: directs the display light toward the partial field of view where the driver's (user's) eye position is detected, adjusts the intensity of the illumination laser beam 74 under the control of the display control device 30, including turning it off;[0035]: light-modulated display light passes through the virtual image optical system 90 and irradiates a predetermined area of the eye box 200 that includes at least the partial region D where the eye position 700 is located; [0041-0042]: allows the display light to be efficiently irradiated into the field of view where the observer's eyes are located;[0087-0088]),
whereas the light emitting elements of the plurality of light emitting elements other than that the light emitting elements of the subset are turned off or dimmed ([0028];[0030];[0035];[0041-0042]: the display control device 30 either does not irradiate the partial region D other than the light-emitting region DMR for the right eye and the light-emitting region DML for the left eye with the illumination laser beam 74, or irradiates it with an illumination laser beam 74 of very low light intensity. This allows the display light to be efficiently irradiated into the field of view where the observer's eyes are located, thereby keeping power consumption low).
As to claim 2, Kasahara teaches the display device according to claim 1,
wherein the control unit is configured to determine the subset of the plurality of light emitting elements in accordance with a predetermined area portion of the light source corresponding to the subset of the plurality of light emitting elements and/or a predetermined number of light emitting elements in the subset of the plurality of light emitting elements ([0028-0030];[0041-0042]: the display control device 30 either does not irradiate the partial region D other than the light-emitting region DMR for the right eye and the light-emitting region DML for the left eye with the illumination laser beam 74, or irradiates it with an illumination laser beam 74 of very low light intensity. This allows the display light to be efficiently irradiated into the field of view where the observer's eyes are located, thereby keeping power consumption low).
As to claim 3, Kasahara teaches the display device according to claim 1,
wherein the control unit is configured to determine a configuration of the subset of light emitting elements in accordance with an image to be displayed ([0028-0030]: light source 70 adjusts the intensity of the illumination laser beam 74 under the control of the display control device 30. Display control device 30 irradiates a strong laser beam onto a partial area D (emission area DM) corresponding to the partial viewing area E where the eye position detected by the eye position detection unit 411 is located, thereby allowing the observer to see the image (virtual image V)) and to determine a position of the subset of the light emitting elements within the light source in accordance with the received information on the eye position of the user ([0037]: irradiating a predetermined partial region D (light-emitting region DM) selected by the display control device 30 with the illumination laser beam 74, and does not irradiate partial regions D that are not selected by the display control device 30; [0041-0042]: the display control device 30 either does not irradiate the partial region D other than the light-emitting region DMR for the right eye and the light-emitting region DML for the left eye with the illumination laser beam 74, or irradiates it with an illumination laser beam 74 of very low light intensity. This allows the display light to be efficiently irradiated into the field of view where the observer's eyes are located, thereby keeping power consumption low).
As to claim 4, Kasahara teaches a head-up display for superimposing a virtual image onto a view in front of a user ([0001]: head-up display superimposes an image onto the foreground of the vehicle), the head-up display comprising: the display device according to claim 1 (see rejection for claim 1),
an optical system for projecting a light flux transmitted through the transmission type display ([0019]: display surface 52 is the observer-facing surface of the light modulation element 51 and emits the display light K of the image; [0026]: light modulation element 51 is, for example, an LCD, which is a transmissive display panel; [0029]: directional light source unit (light source element) 60 consists of a light source 70, a scanning device (scanner) 75, a first field lens (illumination optical system) 76, a second field lens (illumination optical system) 77, and a light diffusion optical system 80).
As to claim 5, Kasahara teaches a vehicle ([0001]: vehicle), comprising: the head-up display according to claims 4 (see rejection for claim 4), and a tracking system for determining an eye position of a user of the vehicle ([0027-0029]: eye position detected by the eye position detection unit 411; [0059]),
wherein the tracking system is configured to provide information on the eye position of the user to the control unit of the display device of the head-up display ([0027-0029]: display control device 30, detects the observer's eye position from the eye position detection unit 411; [0046]: display control device 30 (processor 33); [0059]).
As to claim 6, Kasahara teaches a method for controlling a display device suitable for a head-up display ([0001]: head-up display), wherein the display device comprises a transmission type display ([0015]; [0019]; [0026]: light modulation element 51 is, for example, an LCD, which is a transmissive display panel), a light source (60 in Fig. 2) which is spaced apart from the transmission type display (51 in Fig. 2; [0026]: light modulation element 51 is, for example, an LCD, which is a transmissive display panel) and which includes a plurality of light emitting elements ([0029]: directional light source unit (light source element) 60 consists of a light source 70, a scanning device (scanner) 75, a first field lens (illumination optical system) 76, a second field lens (illumination optical system) 77, and a light diffusion optical system 80; [0030];[0041]: illumination light emitted from each partial region D of the directional light source unit 60. Light-emitting region DM emits illumination light; [0082]: Illumination light emitted from light-emitting region DM), and a control unit for controlling the plurality of light emitting elements ([0028-0029];[0042]: display control device 30 drives the light source 70 in accordance with the timing at which the scanning device 75 scans the light-emitting region DM, which emits illumination light of a predetermined light intensity, from among the subregions D; [0046]: display control device 30 (processor 33;[0048-0049]), wherein the method comprises:
receiving information on an eye position of a user ([0028]: The display control device 30, detects the observer's eye position from the eye position detection unit 411; [0048-0049]), and
selectively controlling the plurality of light emitting elements, so to illuminate a predetermined area corresponding to the eye position of the user through the transmission type display by means of a subset of the plurality of light emitting elements ([0027-0030]: directs the display light toward the partial field of view where the driver's (user's) eye position is detected, adjusts the intensity of the illumination laser beam 74 under the control of the display control device 30, including turning it off;[0035]: light-modulated display light passes through the virtual image optical system 90 and irradiates a predetermined area of the eye box 200 that includes at least the partial region D where the eye position 700 is located; [0041-0042]: allows the display light to be efficiently irradiated into the field of view where the observer's eyes are located;[0087-0088]), where-as the light emitting elements of the plurality of light emitting elements other than that the light emitting elements of the subset are turned off or dimmed ([0028];[0030];[0035];[0041-0042]: the display control device 30 either does not irradiate the partial region D other than the light-emitting region DMR for the right eye and the light-emitting region DML for the left eye with the illumination laser beam 74, or irradiates it with an illumination laser beam 74 of very low light intensity. This allows the display light to be efficiently irradiated into the field of view where the observer's eyes are located, thereby keeping power consumption low).
As to claim 7, Kasahara teaches a computer-readable storage medium that stores a computer program with computer program code means ([0049]: program store in memory) for causing a control unit of a display device suitable for a head-up display ([0001]: head-up display; [0046]: display control device 30 (processor 33;[0048-0049]) to carry out the steps of the method according to claim 6 (see rejection for claim 6), when the computer program is run on the control unit ([0046]: display control device 30 (processor 33);[0049]: executing program store in memory),
the display device includes a transmission type display ([0015]; [0019]; [0026]: light modulation element 51 is, for example, an LCD, which is a transmissive display panel);
a light source (60 in Fig. 2) which is spaced apart from the transmission type display (51 in Fig. 2; [0026]: light modulation element 51 is, for example, an LCD, which is a transmissive display panel) and which includes a plurality of light emitting elements ([0029]: directional light source unit (light source element) 60 consists of a light source 70, a scanning device (scanner) 75, a first field lens (illumination optical system) 76, a second field lens (illumination optical system) 77, and a light diffusion optical system 80; [0030];[0041]: illumination light emitted from each partial region D of the directional light source unit 60. Light-emitting region DM emits illumination light; [0082]: Illumination light emitted from light-emitting region DM), and
a control unit that receives information on an eye position of a user ([0028]: The display control device 30, detects the observer's eye position from the eye position detection unit 411; [0048-0049]),
wherein the control unit selectively controls the plurality of light emitting elements, so to illuminate a predetermined area corresponding to the eye position of the user through the transmission type display by means of a subset of the plurality of light emitting elements ([0027-0030]: directs the display light toward the partial field of view where the driver's (user's) eye position is detected, adjusts the intensity of the illumination laser beam 74 under the control of the display control device 30, including turning it off;[0035]: light-modulated display light passes through the virtual image optical system 90 and irradiates a predetermined area of the eye box 200 that includes at least the partial region D where the eye position 700 is located; [0041-0042]: allows the display light to be efficiently irradiated into the field of view where the observer's eyes are located;[0087-0088]),
whereas the light emitting elements of the plurality of light emitting elements other than that the light emitting elements of the subset are turned off or dimmed ([0028];[0030];[0035];[0041-0042]: the display control device 30 either does not irradiate the partial region D other than the light-emitting region DMR for the right eye and the light-emitting region DML for the left eye with the illumination laser beam 74, or irradiates it with an illumination laser beam 74 of very low light intensity. This allows the display light to be efficiently irradiated into the field of view where the observer's eyes are located, thereby keeping power consumption low).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STACY KHOO whose telephone number is (571)270-3698. The examiner can normally be reached Mon-Fri 8:00 am-5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Eason can be reached at 571-270-7230. 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.
/STACY KHOO/Primary Examiner, Art Unit 2624
Prosecution Insights