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 .
Status of Claims
This is a response to applicant’s submissions filed 11/04/2025. Claim 6 has been cancelled. Claim 1, 5, 7, 8, 10 ,11-13, 15 and 18-20 have been currently amended. Claims 1-5 and 7-20 are pending.
Response to Arguments
Applicant's amendments filed November 4th, 2025 with respect to the Specification have been fully considered and are therefore withdrawn.
Applicant's amendments filed November 4th, 2025 with respect to the Claim Objections have been fully considered and are therefore withdrawn.
Applicant's amendments filed November 4th, 2025 with respect to the 35 U.S.C. 112(b) have been fully considered and are therefore withdrawn.
Applicant's amendments filed November 4th, 2025 with respect to the 35 U.S.C. 102(a)(1) have been fully considered but are not persuasive. Applicant argues that Hotchkiss fails to disclose the amended portion of claim 1, formerly claim 6. The examiner respectfully disagrees as can be seen from Figure 1 Hotchkiss does disclose the free panel wall is at least a part of a circumferential wall of the panel. As can be seen assembly 14 which is the free panel wall is at least part of a circumferential wall (i.e. the assembly is circular/curved). The applicant’s specification does not provide further definition for the boundary of this meaning. Therefore, the examiner maintains the rejection.
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.
Claims 1-5 and 7-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hotchkiss et al., US Patent Application Publication 2016/0132113.
Regarding claims 1 and 15, Hotchkiss et al. discloses a vehicle, comprising:
a vehicle subsystem controller, and
a vehicle cabin unit, which comprises:
a main body (dashboard of the vehicle interior 10, fig. 1),
a panel (combination of haptic touch assemblies 12 and 14 form a panel in the dashboard of the vehicle interior 10, fig. 1), which is permanently connected to the main body (see fig. 1), the panel having a front surface (front surface of assembly 12, fig. 1) and a free panel wall (assembly 14, fig. 1), the free panel wall protruding from or being spaced apart from the main body (see fig. 1),
wherein the panel comprises a display, which forms at least a part of the front surface of the panel (front surface of assembly 12 includes a display, fig. 1),
the display being connectable to a vehicle subsystem controller (“The image display panel assembly 12 may provide haptic feedback for users interacting with media menus and features, navigation menus and features, and/or other related menus or features”, para. 28),
wherein the free panel wall of the panel includes a touch sensitive input surface which is configured to allow interaction of a user with the vehicle subsystem controller assembly 18 includes decorative side 20 and user interface 22, para. 30),
wherein the free panel wall is at least a part of a circumferential wall of the panel (assembly 12 is shown as part of at least one outer wall of the panel comprising assemblies 12 and 14, fig. 1).
Regarding claim 2, Hotchkiss et al. discloses the display is a touch screen display, and the touch screen display is configured to allow interaction of a user with the vehicle subsystem controller (“The image display panel assembly 12 may provide haptic feedback for users interacting with media menus and features, navigation menus and features, and/or other related menus or features”, para. 28).
Regarding claim 3, Hotchkiss et al. discloses the touch sensitive input surface is configured to allow interaction of the user with the vehicle subsystem controller as an alternative for or in addition to the touch screen display (“The interior control panel assembly 14 may provide haptic feedback in response to inputs from a user that adjust various vehicle parameters, including but not limited to, temperature, fan speed, media controls such as volume, menu navigation, etc.”, para. 28).
Regarding claim 4, Hotchkiss et al. discloses the touch sensitive input surface is or comprises a touch pad device which is configured to receive input through a gesture and/or a secondary touch screen display which is configured to receive input through a gesture (“touch panel 18 having a decorative side 20 facing toward the interior of the vehicle 10, as well as a user interface 22 that is accessible at the decorative side of the touch panel 18. The user interface 22 receives manual user input, which is any type of input supplied by a user's hands, whether received by an electronic sensor or a mechanical device. The illustrated user interface 22 includes buttons or button areas 24, a slider 26, and a mechanical input device 28, such as a knob, switch, or dial. Variable and/or different types of haptic feedback may be provided depending on which portion of the user interface 22 the user interacts with”, para. 30).
Regarding claim 5, as best understood, Hotchkiss et al. discloses the free panel wall of the panel extends at an angle relative to the front surface of the panel, which angle is between 40˚ and 140˚ (see fig. 1).
Regarding claim 7, as best understood, the free panel wall is arranged at a distance from the front surface of the panel and extends substantially parallel to the front surface of the panel (see fig. 1).
Regarding claim 8, as best understood, Hotchkiss et al. discloses the free panel wall is at least a part of a rear wall of the panel opposite the front surface of the panel (assembly 14 is part of the outer surface of the panel made up of assemblies 12 and 14 that faces toward the rear of the vehicle, fig. 1).
Regarding claim 9, Hotchkiss et al. discloses the vehicle cabin unit further comprises a sensory feedback device which is connected to the touch sensitive input surface of the free panel wall and configured to provide sensory feedback to a user when the user touches the touch sensitive input surface (“Variable and/or different types of haptic feedback may be provided depending on which portion of the user interface 22 the user interacts with”, para. 30).
Regarding claim 10, Hotchkiss et al. discloses the sensory feedback device is or comprises a haptic feedback device, a visual feedback device and/or an auditive feedback device (“Variable and/or different types of haptic feedback may be provided depending on which portion of the user interface 22 the user interacts with”, para. 30).
Regarding claim 11, as best understood, Hotchkiss et al. discloses a haptic feedback device of the sensory feedback device comprises a vibrator device which is configured to provide haptic feedback in the form of vibration to at least a part of the touch sensitive input surface (haptic feedback in assembly 14 includes vibration of panel 18, para. 37),
and wherein the vibrator device is configured to provide a vibration to the touch sensitive input surface of which a frequency and/or amplitude varies depending on the location at which the user touches the touch sensitive input surface and/or on a gesture made by the user.
Regarding claim 12, Hotchkiss et al. discloses a haptic feedback device of the sensory feedback device is configured to provide haptic feedback to the touch sensitive input surface such that the user perceives the presence of a button and/or a slider (“The illustrated user interface 22 includes buttons or button areas 24, a slider 26, and a mechanical input device 28, such as a knob, switch, or dial. Variable and/or different types of haptic feedback may be provided depending on which portion of the user interface 22 the user interacts with. For example, the buttons 24, which may or may not incorporate a standard mechanism used in mechanical push buttons, may trigger a haptic feedback response in the z-direction (i.e., generally normal to the plane of the user interface) when touched, and sliding a finger across the slider 26 may trigger feedback in the x- and/or y-direction (i.e., in line with the surface of the user interface). More complex user inputs and haptic outputs may also be generated. For example, a tangential touch or sliding movement along an edge of the haptic touch panel 18 may trigger a haptic response", para. 30).
Regarding claim 13, as best understood, Hotchkiss et al. discloses a visual feedback device of the sensory feedback device is configured to provide visual feedback in the form of a visual signal and/or visual representation, and wherein the visual feedback device is provided with one or more light sources such as LEDs which are arranged at the panel (assembly 14 includes LED light source 48, para. 34-35).
Regarding claim 14, Hotchkiss et al. discloses the touch sensitive input surface has an elongated shape (decorative side 20 and user interface 22 have an elongated shape, fig. 1).
Regarding claim 16, Hotchkiss et al. discloses a first functional subsystem, and wherein the vehicle subsystem controller comprises a first functional controller which is configured to control the first functional subsystem (“assembly 14 may provide haptic feedback in response to inputs from a user that adjust various vehicle parameters, including but not limited to, temperature, fan speed, media controls such as volume, menu navigation, etc.", para. 28).
Regarding claim 17, Hotchkiss et al. discloses a second functional subsystem, and wherein the vehicle subsystem controller comprises a second functional controller which is configured to control the second functional subsystem (“assembly 16 may provide haptic feedback in response to a change in vehicle gear, for example. In one example, haptic feedback is provided in the transverse x- and/or y-direction (i.e., in line with the surface of the plane of the haptic touch panel) as the driver scrolls through gear choices on a user interface display, and in the axial or z-direction (i.e., normal to the plane of the haptic touch panel) upon selection to confirm the driver's choice of gear”, para. 28).
Regarding claim 18, as best understood, Hotchkiss et al. discloses the first functional subsystem is a navigation system, an audio system, a climate control system, an entertainment system, an infotainment system, or a vehicle information system (“assembly 14 may provide haptic feedback in response to inputs from a user that adjust various vehicle parameters, including but not limited to, temperature, fan speed, media controls such as volume, menu navigation, etc.", para. 28).
Regarding claim 19, as best understood, Hotchkiss et al. discloses the first functional subsystem is one of a navigation system, an audio system, a climate control system, an entertainment system, an infotainment system, or a vehicle information system (“assembly 14 may provide haptic feedback in response to inputs from a user that adjust various vehicle parameters, including but not limited to, temperature, fan speed, media controls such as volume, menu navigation, etc.", para. 28), and
wherein the second functional subsystem is a different one of the navigation system, the audio system, the climate control system, the entertainment system, the infotainment system, or the vehicle information system (“assembly 16 may provide haptic feedback in response to a change in vehicle gear, for example. In one example, haptic feedback is provided in the transverse x- and/or y-direction (i.e., in line with the surface of the plane of the haptic touch panel) as the driver scrolls through gear choices on a user interface display, and in the axial or z-direction (i.e., normal to the plane of the haptic touch panel) upon selection to confirm the driver's choice of gear”, para. 28).
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.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Hotchkiss et al., US Patent Application Publication 2016/0132113, in view of Kumon, U.S. Patent 10,671,205.
Regarding claim 20, Hotchkiss et al. does not explicitly disclose a driver's seat, which driver's seat has a back rest which has a driving position, wherein the smallest distance between the back rest in the driving position and the touch sensitive input surface is 90 centimeters or less.
Kumon discloses a driver's seat, which driver's seat has a back rest which has a driving position, wherein the smallest distance between the back rest in the driving position and the touch sensitive input surface is a design value (“distance from the driver's seat can be determined from a distance from a shoulder point P1 of the driver S (a design value)”, col. 7, lines 53-55).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to choose a specific value for the distance from the seat to the touch input surface, as disclosed by Kumon, in the vehicle interior disclosed by Hotchkiss et al., since a person of ordinary skill has good reason to pursue the known options within his or her technical grasp as a matter of design choice. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense. In addition, it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980)
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 Fadey S Jabr whose telephone number is (571)272-1516. The examiner can normally be reached Monday-Friday 8:30am-4:30pm.
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FADEY S. JABR
Supervisory Patent Examiner
Art Unit 3668
/Fadey S. Jabr/Supervisory Patent Examiner, Art Unit 3668
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