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 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 1, 3-7 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rudolph (US. Pat. 6,388,221).
Regarding claim 1, Rudolph teaches an integrated three position rocker switch for vehicles, the switch comprising: a housing 2 configured to support one or more components of the switch; the housing having a first compartment and a second compartment separated from the first compartment (the cam structure 9 and the wall where the hole 8 is formed, separate the housing into two compartments); a knob assembly 12 disposed in the housing, the knob assembly comprising: a knob 12 pivotally supported in the housing; a plunger 18 coupled with the knob through a resilient member 18; a first micro-switch 20 coupled with the knob assembly in the housing (the housing couples all switch components together); a second micro-switch 20 disposed in the housing in vicinity of the first micro-switch; wherein the first micro-switch is disposed in the first compartment in the housing and the second micro-switch is disposed in the second compartment in the housing, with a portion (the cam structure 9 and the wall where hole 8 is formed) of the housing disposed between the first micro-switch and the second micro-switch; wherein the knob is configured to move in multiple positions for actuating the first and second micro-switches to perform more than one operation (Figs. 1-4 and col. 4, lines 55-67).
Regarding claim 3, Rudolph teaches the switch wherein the knob assembly comprising a first protrusion 25 and a second protrusion 25 configured to be engaged with the first and second micro-switches in accordance with the movement of the knob for actuating the first and second micro-switches (Fig. 3).
Regarding claim 4, Rudolph teaches the switch wherein the resilient member is a spring 19 configured to secure the plunger 18 in the knob assembly 12, the plunger is loaded in the longitudinal direction by the spring (Figs. 1-4).
Regarding claim 5, Rudolph teaches the switch wherein the knob assembly comprising a pocket 17 provided at the bottom of the knob assembly 12, the pocket is adapted to accommodate the plunger 18 and the spring 19 (Figs. 1-4).
Regarding claim 6, Rudolph teaches the switch wherein the housing 2 comprising a pivot 8 configured to movably support the knob by means of the plunger and the spring (the knob 12 pivotable about an axis 14 via stub axle 13 inserted in the holes 8; the housing defines the pivot support; the plunger/spring provide restoring force, see Figs. 1-4).
Regarding claim 7, Rudolph teaches the switch wherein the housing defines a hollow space to accommodate the first micro-switch 20, the second micro-switch and the knob assembly 12 (Figs. 1-4).
Regarding claim 10, Rudolph teaches the switch wherein the housing comprising a detent profile (the V-shaped cam track 10 on the catch cam 9) configured to support the knob assembly and a lock profile 11 (the profile lock 11 locks or stabilize the plunger 18 in the center/limit position, see Figs. 1-4 and col. 4, 15-65).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Rudolph.
Regarding claim 2, Rudolph teaches the claimed structure of the switch except for the functionality of the switch (headlight beam and passing). It would have been obvious to one having ordinary skill in the art at the time of the invention to modify Rudolph’ switch so the switch performs such headlight and passaging signal control function, since the examiner takes Official Notice of the equivalence of vehicle electrical control circuits (e.g., window-lift and headlamp circuits) and three-position rocker switches for their use in the vehicle electrical control art, and the selection of any of these known equivalents to perform the function of circuit switching would be within the level of ordinary skill in the art.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Rudolph in view of Oshgan, et al. (US. Pat. 5,446,253).
Regarding claim 8 or 9, Rudolph does not teach a first cover snap fitted with the housing to secure the position of the second micro-switch after module assembly OR a second cover snap fitted with housing for securing the positioning of the first micro-switch and the knob assembly in position after module assembly. However, Oshgan teaches a similar switch with a housing 12 that houses switches and knob 18; and a first cover 14 snap fitted with the housing to secure the position of the switch after module assembly (the cover 14 secure all switch components, Fig. 1 and col. 2, lines 50-60), as required by claim 8; and a second cover snap fitted with housing for securing the positioning of the switch and the knob assembly in position after module assembly the cover 14 secure all switch components, Fig. 1 and col. 2, lines 50-60), as required by claim 9. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings of Oshgan in the switch of Rudolph to provide a more secure switch device.
Claims 11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Malone (US. Pat. 5,430,261) in view of Rudolph.
Regarding claim 11, Malone teaches an integrated three position rocker switch for vehicles, the switch comprising a housing (14, 12) configured to support one or more components of the switch (22, 24, 26); a knob assembly 32 disposed in the housing, the knob assembly comprising: a knob 32 pivotally supported in the housing; a plunger 46 coupled with the knob through a resilient member 20 (the biasing force of the switch 20 couples the plunger to the knob); a lever 48 mounted on the knob assembly in vicinity of the knob; a first switch 16 coupled with the knob assembly in the housing (the plunger 42, and the lever 48 couple the switch 16 to the knob); a second micro-switch 20 disposed in the housing in vicinity of the first switch; wherein the lever engages only the first switch for actuating the first switch with the movement of the knob; and wherein the knob is configured to move in multiple positions for actuating the first and second micro-switches to perform more than one operation (Figs. 1-5). Malone does not the teach the two switches being microswitches. However, Rudolph teaches a similar rocker switch with a microswitches 20. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the membrane switch of Malone with the microswitch of Rudolph since the two switches are known alternatives and are interchangeable.
Regarding claim 13, Malone teaches the switch wherein the plunger 46 is configured to be engaged with the second micro-switch 20 for actuating the second micro-switch with the movement of the knob (Figs. 1-3).
Response to Arguments
Applicant’s arguments with respect to claims 1 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 AHMED M SAEED whose telephone number is (571)270-7976. The examiner can normally be reached 10-8pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Renee Luebke can be reached at (571) 272-2009. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AHMED M SAEED/ Primary Examiner, Art Unit 2833