3Notice 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 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.
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:
“rotating elements” in claim 1-31, with the corresponding structure as wheels or small endless belts (paragraph 79)
“friction-reducing elements” in Claims 2, 3, 14-17 with the corresponding structure in paragraph 53
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.
Claim 1-30 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the body hooks". There is insufficient antecedent basis for this limitation in the claim. It is not clear what “body hooks” are or if they are intended to be a separate element. (Examiner believes it refers to the spindle shape of the rotating elements.)
Regarding Claim 1, the pronoun “its” in “its outer edge” can reasonably refer to the body or the steering wheel.(Examiner suggest avoiding pronouns in claims.)
Regarding Claim 1, it’s not clear what the subject of “that defines” is. (It’s preceded by “rotating elements (plural), but uses the singular form of the verb “defines.”)
Regarding Claim 1 (and 30), “the body hooks” lacks an antecedent basis.
Regarding Claim 1, it is unclear what the object of “that defines” is. (The prepositional phrase “with the body hook…” suggest the body hooks help define the object “defined” but it is not clear what is being defined. This appears to be either a typo or an incomplete thought.
Regarding Claim 3, 17, it is unclear what a “roll” is. (Examiner believes it it is a typo for roller.)
Claim 11, 12 limitation “rotary actuator” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. It means “that which actuates in a rotary manner” or “ means for rotating in a rotary manner” and the spec paragraph 52 says it is not defined. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim 18 recites the limitation "the arm". There is insufficient antecedent basis for this limitation in the claim. (Check dependency.)
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)(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 31 is rejected under 35 U.S.C. 102a2 as being anticipated by VanDerZee(US 4262618 A).
Regarding Claim 31, VanDerZee discloses a removable universal controller for a steering wheel, the controller comprising: a body (Element 28) having rotating elements (Element 39 and Element 68) for hanging the body onto the rim of the steering wheel and for rotating the steering wheel (Element 68 also rotates the wheel via element 33); at least one of the rotating elements being remotely controllable (via Element 27).
Claims 1, 2 are rejected under 35 U.S.C. 102a2 as being anticipated by Gugler(US 20210188239 A1).
Regarding Claim 1, Gugler discloses a removable remotely controllable device for rotating a steering wheel having an outer edge, the device comprising: a body (Element 46); first and second rotating elements (Element 56 and 64) that are mounted to the body and that defines with the body hooks (Element 40) for mounting the body on the steering wheel via its outer edge; at least one of the two rotating elements being motorized (Element 64); the body being configured for resting on the front of the steering wheel while the first and second rotating elements are operatively mounted onto the outer edge of the steering wheel for transmission of rotation of the rotating elements to the steering wheel; and a controller (Element 72) mounted to the body and operatively coupled to the at least one motorized rotating element for controlling the least one motorized rotating element.
Regarding Claim 2, Gugler discloses device as recited in claim 1, further comprising at least one friction-reducing element mounted to the body on a same side thereof than the first and second rotating elements for contacting the steering wheel when the body rests on the front of the steering wheel. (Other Element 56)
Allowable Subject Matter
Claim 30 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 3-29 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW POLAY whose telephone number is (408)918-9746. The examiner can normally be reached M-F 9-5 Pacific.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joe Morano can be reached at 5712726684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW POLAY/Primary Examiner, Art Unit 3615 29 Nov 2025