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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed 12/16/2025 has been entered.
Claims 1 and 3-5 have been amended and no claims were canceled and/or added. Therefore, claims 1-7 and 11-14 are currently pending for examination.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior office action.
Claim Interpretation
3. 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.
4. 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.
5. 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: “control unit configured to – corresponding to element 101 in Fig. 1” in claims 1 and 5.
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 § 103
6. Claims 1-4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Muller et al. (Muller; US 2024/0149905) in view of Augst (US 2019/0193754).
For claim 1, Muller discloses a haptic system [E.g. 0006: method for monitoring a vehicle which comprises a vehicle superstructure, a chassis connected to the superstructure and a monitoring unit, which monitors the chassis for damage and if damage to the chassis is detected, generates a warning signal by means of a warning signal generator, is developed further according to the invention, in particular in that the warning signal generator comprises at least one drive by means of which the warning signal is produced, in particular in the form of a tactile mechanical vibration, preferably in such manner that the warning signal and/or vibration is or can be conveyed, in particular to a driver of the vehicle as a tactile stimulus. A driver is specifically understood to be an operator of the vehicle], comprising:
a control unit [E.g. 0049], configured to:
receive, from at least one sensor on a vehicle, at least one signal that corresponds to a vibration experienced by a chassis of the vehicle [E.g. 0022: Owing to the chassis damage or any chassis damage, in particular, characteristic vibrations are produced in the chassis. Preferably, in particular, to monitor the chassis for any damage, by means of the monitoring unit, vibrations occurring in the chassis are detected and/or monitored. Preferably, the characteristic vibrations or any characteristic vibrations are detected and/or identified by means of the monitoring unit. Advantageously, the damage or any damage in the chassis is pinpointed by the monitoring unit, for example, by triangulation or, in particular, by some other location method. Thus, for example, the chassis damage can be attributed to a particular chassis component. Location or triangulation can be carried out, for example, with the help of a number of acceleration sensors and/or a number of acoustic sensors. The vibration or vibrations are preferably mechanical vibrations, 0023: different types of chassis damage produce different characteristic vibrations in the chassis. Preferably, for various types of chassis damage, different vibration patterns are lodged and/or stored in the monitoring unit. The different vibration patterns characterize, in particular, different characteristic vibrations or the different characteristic vibrations. Preferably, for identifying the chassis damage, vibrations or the vibrations occurring in the chassis, are compared by the monitoring unit with the vibration patterns. In particular, the vibration patterns are or will be predetermined]; and
control one or more vibration generators included in a steering wheel of the vehicle to generate at least one vibration pattern corresponding to the vibration experienced by the chassis [E.g. 0016: the vehicle comprises an active steering device equipped with a steering wheel, which forms the warning signal generator, and which comprises at least one steering-wheel drive that forms the drive unit, by means of which the warning signal is or can, for example, be transmitted to the steering-wheel, in particular directly or indirectly. The steering-wheel can, in particular, be turned about a steering-wheel axis, preferably by means of the steering-wheel drive. Preferably, by means of the steering-wheel drive, the mechanical vibration is or can be produced by the steering-wheel drive in the form of rotation movements of the steering-wheel about the steering-wheel axis, 0027: the mechanical vibration of the warning signal is or can be produced on the basis of a vibration pattern. Preferably, for different types of chassis damage, different vibration patterns are logged and/or stored in the monitoring unit. Advantageously, specifically in the monitoring unit each of the various oscillation patterns is associated with one of the various vibration patterns. Preferably, particularly after the damage has been identified, the mechanical vibration of the warning signal is or can be produced on the basis of the associated vibration pattern. The vibration patterns are, in particular, predetermined, 0049: If chassis damage is recognized, the monitoring unit 11 controls the damper drive 10 in such manner that the damper 6 produces a warning signal S, in particular, in the form of a tactile mechanical vibration by periodically varying its length and transmits the said signal into the superstructure 2 of the vehicle. Thus, the damper constitutes a warning signal generator. FIG. 1 also shows a steering-wheel 13 by means of which the vehicle wheels 4 of a front axle 14 of the vehicle 1 can be steered. The vehicle wheels 4 of the front axle 14 are also called the front wheels. The steering-wheel 13 is part of an electronic steering system 15 which is shown in greater detail in FIG. 3, and which comprises a steering-wheel drive 16 by means of which the steering-wheel 13 can be turned about a steering-wheel axis 17. Furthermore, the monitoring unit 11 or a monitoring unit 11 is provided, which, in accordance with a second embodiment, is connected to the steering-wheel drive 16, which can be controlled by the monitoring unit 11. To the monitoring unit 11 there are connected a number of sensors 12, which are arranged in the chassis 3 and/or in the vehicle superstructure 2 and by means of which the monitoring unit 11 can detect vibrations that occur in the chassis 3., 0051: If chassis damage is recognized, the monitoring unit 11 actuates the steering-wheel drive 16 in such manner that in order to produce a warning signal S in the form of, in particular, a tactile mechanical vibration about the steering-wheel axis 17, the steering-wheel 13 is rotated one way and the other periodically. Thus, the steering system 15 constitutes a warning signal generator, 0059-0061, 0025].
Muller fails to expressly disclose that the vibration experienced by the vehicle is road-induced and generating the vibration pattern that corresponds to the road-includes vibration.
However, as shown by Augst, it was well known in the art of vehicles that a vibration experienced by a vehicle is road-induced and generating the vibration pattern that corresponds to the road-includes vibration [E.g. 0084-0092].
It would have been obvious to one of ordinary skill in the art of vehicles before the effective filling date of the claimed invention modify Muller with the teaching of Augst in order to increase the safety of driving by providing the driver with a haptic feedback that can reflect the environment the driver is driving on and thereby enhance the overall driving experience.
For claim 2, Muller discloses wherein the at least one sensor is placed outside of a passenger cabin of the vehicle [E.g. 0055, 0021, 0049, see also Figs. 1-3 showing sensors 12 outside of the passenger cabin].
For claim 3, Muller discloses wherein the at least one vibration pattern is generated in real-time [E.g. 0029, 0016, , 0025, 0049-0051].
For claim 4, Muller discloses a method for providing haptic feedback, comprising:
sensing vibrations experienced by chassis of a vehicle using one or more motion sensors [E.g. 0021: the monitoring unit of the chassis monitors the chassis for damage or damages. The sensor or sensors include, for example, one or more acceleration sensors, and/or one or more acoustic sensors, and/or one or more angular position indicators or rotor position sensors, and/or one or more torque sensors, and/or one or more inertial measurement units, 0022-0023];
generating, based on the sensed vibrations, control signals for one or more vibration generators included in a steering wheel of the vehicle to produce one or more vibration patterns corresponding to the vibrations experienced by the chassis [E.g. 0016: the vehicle comprises an active steering device equipped with a steering wheel, which forms the warning signal generator, and which comprises at least one steering-wheel drive that forms the drive unit, by means of which the warning signal is or can, for example, be transmitted to the steering-wheel, in particular directly or indirectly. The steering-wheel can, in particular, be turned about a steering-wheel axis, preferably by means of the steering-wheel drive. Preferably, by means of the steering-wheel drive, the mechanical vibration is or can be produced by the steering-wheel drive in the form of rotation movements of the steering-wheel about the steering-wheel axis, 0027: the mechanical vibration of the warning signal is or can be produced on the basis of a vibration pattern. Preferably, for different types of chassis damage, different vibration patterns are logged and/or stored in the monitoring unit. Advantageously, specifically in the monitoring unit each of the various oscillation patterns is associated with one of the various vibration patterns. Preferably, particularly after the damage has been identified, the mechanical vibration of the warning signal is or can be produced on the basis of the associated vibration pattern. The vibration patterns are, in particular, predetermined, 0049: If chassis damage is recognized, the monitoring unit 11 controls the damper drive 10 in such manner that the damper 6 produces a warning signal S, in particular, in the form of a tactile mechanical vibration by periodically varying its length and transmits the said signal into the superstructure 2 of the vehicle. Thus, the damper constitutes a warning signal generator. FIG. 1 also shows a steering-wheel 13 by means of which the vehicle wheels 4 of a front axle 14 of the vehicle 1 can be steered. The vehicle wheels 4 of the front axle 14 are also called the front wheels. The steering-wheel 13 is part of an electronic steering system 15 which is shown in greater detail in FIG. 3, and which comprises a steering-wheel drive 16 by means of which the steering-wheel 13 can be turned about a steering-wheel axis 17. Furthermore, the monitoring unit 11 or a monitoring unit 11 is provided, which, in accordance with a second embodiment, is connected to the steering-wheel drive 16, which can be controlled by the monitoring unit 11. To the monitoring unit 11 there are connected a number of sensors 12, which are arranged in the chassis 3 and/or in the vehicle superstructure 2 and by means of which the monitoring unit 11 can detect vibrations that occur in the chassis 3., 0051: If chassis damage is recognized, the monitoring unit 11 actuates the steering-wheel drive 16 in such manner that in order to produce a warning signal S in the form of, in particular, a tactile mechanical vibration about the steering-wheel axis 17, the steering-wheel 13 is rotated one way and the other periodically. Thus, the steering system 15 constitutes a warning signal generator, 0059-0061, 0025].
Muller fails to expressly disclose that the generated vibration replicate at least one of a frequency, amplitude or temporal profile of the vibration experienced.
However, as shown by Augst, it was well known in the art of vehicles that a generated vibration replicate at least one of a frequency, amplitude or temporal profile of the vibration experienced [E.g. 0084-0092, 0094].
It would have been obvious to one of ordinary skill in the art of vehicles before the effective filling date of the claimed invention modify Muller with the teaching of Augst in order to increase the safety of driving by providing the driver with a haptic feedback that can reflect the environment the driver is driving on and thereby enhance the overall driving experience.
For claim 12, Muller discloses wherein the sensing comprises receiving input from at least one motion sensor mounted outside a passenger cabin of the vehicle [E.g. 0021, 0049, 0055, see also Figs. 1-3 showing sensors 12 outside of the passenger cabin].
7. Claims 5-7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Muller in view of Augst and further in view of Duo et al. (Duo; US 2022/0063494).
For claim 5, Muller discloses a haptic system [E.g. 0006: method for monitoring a vehicle which comprises a vehicle superstructure, a chassis connected to the superstructure and a monitoring unit, which monitors the chassis for damage and if damage to the chassis is detected, generates a warning signal by means of a warning signal generator, is developed further according to the invention, in particular in that the warning signal generator comprises at least one drive by means of which the warning signal is produced, in particular in the form of a tactile mechanical vibration, preferably in such manner that the warning signal and/or vibration is or can be conveyed, in particular to a driver of the vehicle as a tactile stimulus. A driver is specifically understood to be an operator of the vehicle], comprising:
a control unit [E.g. 0049] configured to:
receive, from at least one sensor on a vehicle, at least one signal corresponding to a parameter associated with a traveling condition of the vehicle [E.g. 0022: Owing to the chassis damage or any chassis damage, in particular, characteristic vibrations are produced in the chassis. Preferably, in particular, to monitor the chassis for any damage, by means of the monitoring unit, vibrations occurring in the chassis are detected and/or monitored. Preferably, the characteristic vibrations or any characteristic vibrations are detected and/or identified by means of the monitoring unit. Advantageously, the damage or any damage in the chassis is pinpointed by the monitoring unit, for example, by triangulation or, in particular, by some other location method. Thus, for example, the chassis damage can be attributed to a particular chassis component. Location or triangulation can be carried out, for example, with the help of a number of acceleration sensors and/or a number of acoustic sensors. The vibration or vibrations are preferably mechanical vibrations, 0023: different types of chassis damage produce different characteristic vibrations in the chassis. Preferably, for various types of chassis damage, different vibration patterns are lodged and/or stored in the monitoring unit. The different vibration patterns characterize, in particular, different characteristic vibrations or the different characteristic vibrations. Preferably, for identifying the chassis damage, vibrations or the vibrations occurring in the chassis, are compared by the monitoring unit with the vibration patterns. In particular, the vibration patterns are or will be predetermined]; and
control one or more vibration generators included in a steering wheel of the vehicle to generate at least one vibration pattern in at least one portion of the steering wheel [E.g. 0016: the vehicle comprises an active steering device equipped with a steering wheel, which forms the warning signal generator, and which comprises at least one steering-wheel drive that forms the drive unit, by means of which the warning signal is or can, for example, be transmitted to the steering-wheel, in particular directly or indirectly. The steering-wheel can, in particular, be turned about a steering-wheel axis, preferably by means of the steering-wheel drive. Preferably, by means of the steering-wheel drive, the mechanical vibration is or can be produced by the steering-wheel drive in the form of rotation movements of the steering-wheel about the steering-wheel axis, 0027: the mechanical vibration of the warning signal is or can be produced on the basis of a vibration pattern. Preferably, for different types of chassis damage, different vibration patterns are logged and/or stored in the monitoring unit. Advantageously, specifically in the monitoring unit each of the various oscillation patterns is associated with one of the various vibration patterns. Preferably, particularly after the damage has been identified, the mechanical vibration of the warning signal is or can be produced on the basis of the associated vibration pattern. The vibration patterns are, in particular, predetermined, 0049: If chassis damage is recognized, the monitoring unit 11 controls the damper drive 10 in such manner that the damper 6 produces a warning signal S, in particular, in the form of a tactile mechanical vibration by periodically varying its length and transmits the said signal into the superstructure 2 of the vehicle. Thus, the damper constitutes a warning signal generator. FIG. 1 also shows a steering-wheel 13 by means of which the vehicle wheels 4 of a front axle 14 of the vehicle 1 can be steered. The vehicle wheels 4 of the front axle 14 are also called the front wheels. The steering-wheel 13 is part of an electronic steering system 15 which is shown in greater detail in FIG. 3, and which comprises a steering-wheel drive 16 by means of which the steering-wheel 13 can be turned about a steering-wheel axis 17. Furthermore, the monitoring unit 11 or a monitoring unit 11 is provided, which, in accordance with a second embodiment, is connected to the steering-wheel drive 16, which can be controlled by the monitoring unit 11. To the monitoring unit 11 there are connected a number of sensors 12, which are arranged in the chassis 3 and/or in the vehicle superstructure 2 and by means of which the monitoring unit 11 can detect vibrations that occur in the chassis 3., 0051: If chassis damage is recognized, the monitoring unit 11 actuates the steering-wheel drive 16 in such manner that in order to produce a warning signal S in the form of, in particular, a tactile mechanical vibration about the steering-wheel axis 17, the steering-wheel 13 is rotated one way and the other periodically. Thus, the steering system 15 constitutes a warning signal generator, 0059-0061, 0025],
wherein the at least one vibration pattern is generated based on the at least one signal [E.g. 0027: the mechanical vibration of the warning signal is or can be produced on the basis of a vibration pattern. Preferably, for different types of chassis damage, different vibration patterns are logged and/or stored in the monitoring unit. Advantageously, specifically in the monitoring unit each of the various oscillation patterns is associated with one of the various vibration patterns. Preferably, particularly after the damage has been identified, the mechanical vibration of the warning signal is or can be produced on the basis of the associated vibration pattern. The vibration patterns are, in particular, predetermined, 0025: a signal corresponding to the characteristic vibrations is generated as the warning signal. For example, the warning signal is used to reinforce and/or pass on the characteristic vibrations].
Muller fails to expressly disclose wherein the traveling condition comprises road-induced chassis vibrations experienced while the vehicle is in motion.
However, as shown by Augst, it was well known in the art of vehicles that a traveling condition comprises road-induced chassis vibrations experienced while the vehicle is in motion [E.g. 0084-0092, 0094].
It would have been obvious to one of ordinary skill in the art of vehicles before the effective filling date of the claimed invention modify Muller with the teaching of Augst in order to increase the safety of driving by providing the driver with a haptic feedback that can reflect the environment the driver is driving on and thereby enhance the overall driving experience.
Muller in view of Augst fails to expressly disclose that the at least one vibration pattern emulates vibrations similar to a traditional vehicle having higher NVH characteristics.
However, as shown by Duo, it was well known in the art of vehicles to include at least one vibration pattern emulates vibrations similar to a traditional vehicle having higher NVH characteristics [E.g. 0155, 0161-0163].
It would have been obvious to one of ordinary skill in the art of vehicles before the effective filling date of the claimed invention modify Muller in view of Augst with the teaching of Duo in order to increase the safety of driving by providing the driver with a sensation that can emulate the driving environment and thereby enhance the overall driving experience.
For claim 6, Duo further teaches wherein the vehicle is an electric vehicle [E.g. 0007-0008].
For claim 7, Duo further teaches wherein the traditional vehicle is an internal combustion engine vehicle [E.g. 0227, 0261].
For claim 11, Muller discloses wherein the haptic feedback is generated in real-time [E.g. 0029, 0016, 0025, 0049-0051].
8. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Muller in view of Augst and further in view of Augst Hall et al. (Hall; US 2020/0236461).
For claim 13, Muller in view of Augst fails to expressly disclose wherein intensity of the one or more vibration patterns being controlled based on a geo-location of the vehicle.
However, as shown by Hall, it was well known in the art of vehicles to include wherein intensity of one or more vibration patterns being controlled based on a geo-location of the vehicle [E.g. 0026-0027, claim 10].
It would have been obvious to one of ordinary skill in the art of vehicles before the effective filling date of the claimed invention modify Muller in view of Augst with the teaching of Hall because by linking haptic feedback to the vehicle location, the intensity of alerts and guidance can be automatically adapted to the driving situation, reducing driver distraction and improving overall vehicle communication.
9. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Muller in view of Augst further in view of Duo and further in view of Hall.
For claim 14, Muller in view of Augst and Duo fails to expressly disclose wherein intensity of the one or more vibration patterns being controlled based on a geo-location of the vehicle.
However, as shown by Hall, it was well known in the art of vehicles to include wherein intensity of one or more vibration patterns being controlled based on a geo-location of the vehicle [E.g. 0026-0027, claim 10].
It would have been obvious to one of ordinary skill in the art of vehicles before the effective filling date of the claimed invention modify Muller in view of Augst and Duo with the teaching of Hall because by linking haptic feedback to the vehicle location, the intensity of alerts and guidance can be automatically adapted to the driving situation, reducing driver distraction and improving overall vehicle communication.
Response to Remarks
10. The Applicant's remarks regarding the rejection have been considered but are moot because the arguments do not apply to the new ground of rejection.
Conclusion
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED BARAKAT whose telephone number is (571)270-3696. The examiner can normally be reached on 9:00am-5:00PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached on (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MOHAMED BARAKAT/
Primary Examiner, Art Unit 2689