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 .
DETAILED ACTION
Claims 1-11 have been canceled. Claims 12-20 have been added. Claims 12-20 are pending. Claims 12-20 have been examined and rejected.
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. Claim 16 recites “acquisition and transmission means configured respectively to acquire and transmit.” The specification does not define what this acquisition and transmission means is, so anything that teaches the function to acquire and transmit should read on it.
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: “an electronic processing unit configured to acquire or process a virtual model” and “a virtual reality viewer configured to display” in claim 16. The specification does not define what an electronic processing unit and a virtual reality viewer are, so any teachings of devices that perform those functions should read on them.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 16-20 are rejected under 35 USC 112(b).
Claim 16 recites limitations “an electronic processing unit configured to acquire or process a virtual model,” “a virtual reality viewer configured to display,” and “acquisition and transmission means configured respectively to acquire and transmit” that invoke 112(f) without definitions for them in the specification for claim interpretation. Claim 16 is, hence, rejected for being indefinite. These terms will be interpreted as in claim interpretation section for examination.
Claims 17-20 depend on claim 16 and do not cure its deficiency. Therefore, claims 17-20 are also rejected.
Claim Rejections - 35 USC § 103
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.
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kuhne (DE 102015003884 A1), submitted by the Applicant in an IDS, in view of Tomonori et al. (JP2011-201510 A).
As per claim 12, Kuhne teaches a method for checking and/or configuring an arrangement of physical elements of a vehicle, said method comprising the steps of:
a) providing a test apparatus configured to simulate the arrangement of the physical elements of the vehicle, said test apparatus comprising a support structure to which one or more physical elements are associated, a position and/or an orientation of said one or more physical elements being adjustable relative to the support structure, said physical elements comprising at least one of
b) acquiring or processing, by an electronic processing unit, a virtual model representative of an arrangement of the one or more physical elements relative to the support structure of the test apparatus (¶ 0014-0015; Kuhne teaches a simulation unit designed to generate images of the virtual environment set to the real vehicle elements; this teaching reads onto this limitation);
c) arranging the one or more physical elements in such a way that the position and/or the orientation of said one or more physical elements relative to the support structure coincide with the position and/or the orientation of a corresponding one or more physical elements in said virtual model (¶ ¶ 0016; Kuhne teaches arranging real vehicle elements to positions corresponding the selected vehicle model);
d) interfacing said user with said electronic processing unit by a virtual reality viewer, wherein the acquired or processed virtual model is displayed from a given point of view (¶ 0019; Kuhne teaches a head-mounted display device of the vehicle simulation setup displaying images of the read vehicle elements to user to view); and
e) acquiring, and transmitting to said electronic processing unit, data indicative of movements of the user (¶ 0019; Kuhne teaches a head-mounted display device of the vehicle simulation setup displaying images of the read vehicle elements to user to view; this teaching reads onto this limitation);
wherein step c) comprises:
c1) defining a first reference point, a position of said first reference point relative to the support structure being known (¶ 0018; Kuhne teaches a predetermined reference object on the real vehicle and its position for adjustment; a predetermined reference object and its position comprise line including a plurality of points for adjustment, so it can be broadly interpreted a point on and position of the predetermined reference object for adjustment corresponds to a first reference point, a position of said first reference point relative to the support structure being known);
c2) measuring a relative distance between said first reference point and a second reference point, said second reference point being on the virtual reality viewer (¶ 0018; Kuhne teaches adjusting a predetermined reference object position on the real vehicle to match position of its corresponding element on the virtual model; this teaching implies that there is a measurement of a relative distance between said first reference point and a second reference point, said second reference point being on the virtual reality viewer); and
c3) positioning, through said electronic processing unit, the point of view of the virtual reality viewer depending on the relative distance measured step c2) (¶ 0018; Kuhne teaches detecting setting position of one real vehicle element and adjusting its position to match its corresponding element in the virtual model; this teaching inherently implies positioning, through said electronic processing unit, the point of view of the virtual reality viewer depending on the relative distance measured step c2); and
wherein step c) is carried out by moving the one or more physical elements as a function of a distance of said one or more physical elements from one or more pre-determined reference points, identified relative to the support structure, until the position and/or the orientation of the one or more physical elements coincides with the position and/or the orientation of said one or more physical elements in the acquired or processed virtual model, said one or more physical elements being moved until the position and/or the orientation thereof (¶ 0018; ¶ 0018; Kuhne teaches adjusting a predetermined reference object position on the real vehicle to match position of its corresponding element on the virtual model; this teaching implies that there is a measurement of a relative distance between said first reference point and a second reference point, said second reference point being on the virtual reality viewer).
Kuhne does not teach:
determines a specific disposition of a user’s heel relative to a heel point, indicative of a standard position of the user’s heel.
However, Tomonori teaches:
determines a specific disposition of a user’s heel relative to a heel point, indicative of a standard position of the user’s heel (p. 12 ¶ ¶ 4).
Kuhne and Tomonori are analogous art because they are in the same field of checking and/or configuring an arrangement of physical elements of a vehicle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Kuhne and Tomonori. One of ordinary skill in the art would have been motivated to make such a combination because Tomonori’s teachings would have improved pedal operability effectively with a simple configuration (Tomonori, p. 1 Abstract).
As per claim 13, Kuhne and Tomonori in combination teach the method of claim 12, Kuhne further teaches comprising:
f) processing, by said electronic processing unit, the virtual model acquired in step b) and obtaining an integrated virtual model further comprising virtual elements, representative of elements inside and/or outside the vehicle, to simulate a real use condition of the vehicle (¶ 0019; this paragraph exactly teaches this limitation).
As per claim 14, Kuhne and Tomonori in combination teach the method of claim 12, Kuhne further teaches comprising:
g) interfacing said user with a plurality of wearable sensors, each one adapted to transmit a signal representative of its position and/or motion in space (¶ 0022; Kuhne teaches a head-mounted display device including VR glasses, each of which corresponds to a sensor, adapted to transmit a signal representative of its position and/or motion in space).
As per claim 15, Kuhne and Tomonori in combination teach the method of claim 12, Kuhne further teaches:
wherein step c) is carried out by electro-mechanical adjustment (¶ 0024; Kuhne teaches real motor vehicle elements can be adjusted; this teaching reads onto this limitation).
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.
Claims 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuhne (DE 102015003884 A1).
As per claim 16, Kuhne teaches a test apparatus for checking an arrangement of physical elements of a vehicle, the test apparatus comprising:
a support structure joined to one or more physical elements, a position and/or an orientation of said one or more physical elements being adjustable relative to the support structure, said physical elements comprising at least one of a seat, a steering wheel, a pedalboard, a roof, a door, an armrest for a user of the test apparatus, a trunk compartment (¶ 0013; Kuhne teaches a motor vehicle arrangement comprising a support structure including one or more adjustable physical elements comprising a driver’s seat and a steering wheel);
an electronic processing unit configured to acquire or process a virtual model representative of an arrangement of the one or more physical elements relative to the support structure of the test apparatus (¶ 0014-0015; Kuhne teaches a simulation unit designed to generate images of the virtual environment set to the real vehicle elements; this teaching reads onto this limitation);
a virtual reality viewer configured to display said virtual model from a given point of view (¶ 0019; Kuhne teaches a head-mounted display device of the vehicle simulation setup displaying images of the read vehicle elements to user to view); and
acquisition and transmission means configured respectively to acquire and transmit data, indicative of movements of the user, to said electronic processing unit (¶ 0019; Kuhne teaches a head-mounted display device of the vehicle simulation setup displaying images of the read vehicle elements to user to view; this teaching reads onto this limitation);
wherein said electronic processing unit is configured to position the point of view of the virtual reality viewer according to a relative distance between a first reference point, a position of said first reference point relative to the support structure being known, and a second reference point on the virtual reality viewer (¶ 0018; Kuhne teaches predetermined reference object and its setting position of one real vehicle element, corresponding to a first reference point, and adjusting its position to match its corresponding element in the virtual model; this teaching inherently implies positioning, through said electronic processing unit, the point of view of the virtual reality viewer depending on the relative distance as recited).
As per claim 17, these limitations have been discussed in claim 14. They are, hence, rejected for the same reasons.
As per claim 18, these limitations have been discussed in claim 15. They are, hence, rejected for the same reasons.
As per claim 19, Kuhne teaches the test apparatus of claim 16, wherein the support structure comprises rails and/or telescopic columns configured to slidingly
As per claim 20, these limitations have been discussed in claim 13. They are, hence, rejected for the same reasons.
Conclusion
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/CUONG V LUU/Examiner, Art Unit 2189
/REHANA PERVEEN/Supervisory Patent Examiner, Art Unit 2189