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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/18/2023,
07/17/2024, and 10/21/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, each IDS is being considered by the examiner.
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.
Claim 1 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, regards as the invention.
Claim 1 recites the limitation "with the electrically non-conductive material” in line 9. There is insufficient antecedent basis for this limitation in the claim.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1 - 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6 - 15 of U.S. Patent No. 11,846,550. Although the claims at issue are not identical, they are not patentably distinct from each other because the table below presents a comparison between the claim limitations of the instant application with corresponding claim limitations of the reference U. S. patent. The bold-faced type identifies claim limitation language which is common to both the instant application and the reference U. S. patent.
U. S. Patent 11,846,550
Instant Claim
6. A steering wheel assembly comprising:
a steering wheel;
an elongated electrically non-conductive layer disposed about the steering wheel;
a plurality of strands of electrically conductive material spaced circumferentially about the steering wheel, wherein the plurality of strands of electrically conductive material are embedded in the electrically non-conductive layer, the plurality of strands of electrically conductive material extending along an axial length of the steering wheel; and,
a host-side processor coupled to receive output signals, on an individual basis, corresponding to each of the plurality of strands of electrically conductive material, wherein the host-side processor determines an extent of engagement by a hand of a user with the electrically non-conductive material, at any location along the axial length, based on the output signals of the plurality of strands of electrically conductive material.
A steering wheel assembly comprising:
a steering wheel;
a plurality of strands of electrically conductive material spaced circumferentially about the steering wheel, wherein the plurality of strands of electrically conductive material extend along an axial length of the steering wheel; and,
a host-side processor coupled to receive output signals, on an individual basis, corresponding to each of the plurality of strands of electrically conductive material,
wherein the host-side processor determines an extent of engagement by a hand of a user with the electrically non-conductive material, at any location along the axial length, based on the output signals of the plurality of strands of electrically conductive material.
7. The steering wheel assembly of claim 6, wherein the plurality of strands of electrically conductive material are generally parallel.
2. The steering wheel assembly of claim 1, wherein the plurality of strands of electrically conductive material are generally parallel.
8. The steering wheel assembly of claim 6, wherein the determination of the extent of engagement with the electrically non-conductive material by the hand of the user is based on subsets of the plurality of strands of electrically conductive material.
3. The steering wheel assembly of claim 1, wherein the determination of the extent of engagement with the electrically non-conductive material by the hand of the user is based on subsets of the plurality of strands of electrically conductive material.
9. The steering wheel assembly of claim 8, wherein the plurality of strands of electrically conductive material are grouped into the subsets by designation of adjacently-located, in circumferential succession, quantities of the plurality of electrically conductive material, each of the quantities being less than a total quantity of the plurality of strands of electrically conductive material.
4. The steering wheel assembly of claim 3, wherein the plurality of strands of electrically conductive material are grouped into the subsets by designation of adjacently-located, in circumferential succession, quantities of the plurality of electrically conductive material, each of the quantities being less than a total quantity of the plurality of strands of electrically conductive material.
10. The steering wheel assembly of claim 6, further comprising a second plurality of strands of electrically conductive material spaced circumferentially about the steering wheel, the second plurality of strands of electrically conductive material being spaced from the plurality of strands of electrically conductive material, wherein the second plurality of strands of electrically conductive material are embedded in the electrically non-conductive layer.
5. The steering wheel assembly of claim 1, further comprising a second plurality of strands of electrically conductive material spaced circumferentially about the steering wheel, the second plurality of strands of electrically conductive material being spaced from the plurality of strands of electrically conductive material, wherein the second plurality of strands of electrically conductive material extend along a second axial length of the steering wheel, separate from the axial length of the steering wheel.
11. The steering wheel assembly of claim 10, wherein the host-side processor is coupled to receive output signals, on an individual basis, corresponding to each of the second plurality of strands of electrically conductive material.
6. The steering wheel assembly of claim 5, wherein the host-side processor is coupled to receive output signals, on an individual basis, corresponding to each of the second plurality of strands of electrically conductive material.
12. The steering wheel assembly of claim 11, wherein the host-side processor determines an extent of engagement by a second hand of the user with the electrically non-conductive material based on the output signals of the second plurality of strands of electrically conductive material.
7. The steering wheel assembly of claim 6, wherein the host-side processor determines an extent of engagement by a second hand of the user with the electrically non-conductive material based on the output signals of the second plurality of strands of electrically conductive material.
13. The steering wheel assembly of claim 12, wherein the hand and the second hand correspond to right and left hands of the user.
8. The steering wheel assembly of claim 7, wherein the hand and the second hand correspond to right and left hands of the user.
14. The steering wheel assembly of claim 12, wherein the determination of the extent of engagement with the electrically non-conductive material by the second hand of the user is based on subsets of the second plurality of strands of electrically conductive material.
9. The steering wheel assembly of claim 7, wherein the determination of the extent of engagement with the electrically non-conductive material by the second hand of the user is based on subsets of the second plurality of strands of electrically conductive material.
15. The steering wheel assembly of claim 14, wherein the second plurality of strands of electrically conductive material are grouped into the subsets by designation of adjacently-located, in circumferential succession, quantities of the second plurality of electrically conductive material, each of the quantities being less than a total quantity of the plurality of strands of electrically conductive material.
10. The steering wheel assembly of claim 9, wherein the second plurality of strands of electrically conductive material are grouped into the subsets by designation of adjacently-located, in circumferential succession, quantities of the second plurality of electrically conductive material, each of the quantities being less than a total quantity of the plurality of strands of electrically conductive material.
Claims 1 - 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6 - 15 of U.S. Patent No. 11,371,895. Although the claims at issue are not identical, they are not patentably distinct from each other because the table below presents a comparison between the claim limitations of the instant application with corresponding claim limitations of the reference U. S. patent. The bold-faced type identifies claim limitation language which is common to both the instant application and the reference U. S. patent.
U. S. Patent 11,371,895
Instant Claim
6. A steering wheel assembly comprising:
a steering wheel;
an elongated electrically non-conductive layer disposed about the steering wheel;
a plurality of strands of electrically conductive material spaced circumferentially about the steering wheel, wherein the plurality of strands of electrically conductive material are located between the electrically non-conductive layer and the steering wheel, the plurality of strands of electrically conductive material extending along an axial length of the steering wheel; and,
a host-side processor coupled to receive output signals, on an individual basis, corresponding to each of the plurality of strands of electrically conductive material, wherein the host-side processor determines an extent of engagement by a hand of a user with the electrically non-conductive material, at any location along the axial length, based on the output signals of the plurality of strands of electrically conductive material.
A steering wheel assembly comprising:
a steering wheel;
a plurality of strands of electrically conductive material spaced circumferentially about the steering wheel, wherein the plurality of strands of electrically conductive material extend along an axial length of the steering wheel; and,
a host-side processor coupled to receive output signals, on an individual basis, corresponding to each of the plurality of strands of electrically conductive material,
wherein the host-side processor determines an extent of engagement by a hand of a user with the electrically non-conductive material, at any location along the axial length, based on the output signals of the plurality of strands of electrically conductive material.
7. The steering wheel assembly of claim 6, wherein the plurality of strands of electrically conductive material are generally parallel.
2. The steering wheel assembly of claim 1, wherein the plurality of strands of electrically conductive material are generally parallel.
8. The steering wheel assembly of claim 6, wherein the determination of the extent of engagement with the electrically non-conductive material by the hand of the user is based on subsets of the plurality of strands of electrically conductive material.
3. The steering wheel assembly of claim 1, wherein the determination of the extent of engagement with the electrically non-conductive material by the hand of the user is based on subsets of the plurality of strands of electrically conductive material.
9. The steering wheel assembly of claim 8, wherein the plurality of strands of electrically conductive material are grouped into the subsets by designation of adjacently-located, in circumferential succession, quantities of the plurality of electrically conductive material, each of the quantities being less than a total quantity of the plurality of strands of electrically conductive material.
4. The steering wheel assembly of claim 3, wherein the plurality of strands of electrically conductive material are grouped into the subsets by designation of adjacently-located, in circumferential succession, quantities of the plurality of electrically conductive material, each of the quantities being less than a total quantity of the plurality of strands of electrically conductive material.
10. The steering wheel assembly of claim 6, further comprising a second plurality of strands of electrically conductive material spaced circumferentially about the steering wheel, the second plurality of strands of electrically conductive material being spaced from the plurality of strands of electrically conductive material, wherein the second plurality of strands of electrically conductive material are located between the electrically non-conductive layer and the steering wheel.
5. The steering wheel assembly of claim 1, further comprising a second plurality of strands of electrically conductive material spaced circumferentially about the steering wheel, the second plurality of strands of electrically conductive material being spaced from the plurality of strands of electrically conductive material, wherein the second plurality of strands of electrically conductive material extend along a second axial length of the steering wheel, separate from the axial length of the steering wheel.
11. The steering wheel assembly of claim 10, wherein the host-side processor is coupled to receive output signals, on an individual basis, corresponding to each of the second plurality of strands of electrically conductive material.
6. The steering wheel assembly of claim 5, wherein the host-side processor is coupled to receive output signals, on an individual basis, corresponding to each of the second plurality of strands of electrically conductive material.
12. The steering wheel assembly of claim 11, wherein the host-side processor determines an extent of engagement by a second hand of the user with the electrically non-conductive material based on the output signals of the second plurality of strands of electrically conductive material.
7. The steering wheel assembly of claim 6, wherein the host-side processor determines an extent of engagement by a second hand of the user with the electrically non-conductive material based on the output signals of the second plurality of strands of electrically conductive material.
13. The steering wheel assembly of claim 12, wherein the hand and the second hand correspond to right and left hands of the user.
8. The steering wheel assembly of claim 7, wherein the hand and the second hand correspond to right and left hands of the user.
14. The steering wheel assembly of claim 12, wherein the determination of the extent of engagement with the electrically non-conductive material by the second hand of the user is based on subsets of the second plurality of strands of electrically conductive material.
9. The steering wheel assembly of claim 7, wherein the determination of the extent of engagement with the electrically non-conductive material by the second hand of the user is based on subsets of the second plurality of strands of electrically conductive material.
15. The steering wheel assembly of claim 14, wherein the second plurality of strands of electrically conductive material are grouped into the subsets by designation of adjacently-located, in circumferential succession, quantities of the second plurality of electrically conductive material, each of the quantities being less than a total quantity of the plurality of strands of electrically conductive material.
10. The steering wheel assembly of claim 9, wherein the second plurality of strands of electrically conductive material are grouped into the subsets by designation of adjacently-located, in circumferential succession, quantities of the second plurality of electrically conductive material, each of the quantities being less than a total quantity of the plurality of strands of electrically conductive material.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WARREN K FENWICK whose telephone number is (571)270-3040. The examiner can normally be reached 10:30 AM to 7:00 PM, Monday through Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Walter L. Lindsay, Jr. can be reached at 571-272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852
WKF