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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, another sensor present on the vertically disposed sidewall that intersects with the horizontally disposed upper wall portion as recited in claims 1, 13 and 14 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 2 is objected to because “sidewalls” on line 1 should be changed to “sidewall”.
Claim 7 is objected to because “intersect” on line 2 should be changed to “intersects”.
Appropriate correction is required.
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.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In regard to claims 1, 13, and 14 the Drawings and Specification do not disclose a sensor present on the horizontally disposed upper wall portion and another sensor present on the vertically disposed sidewall that intersects with the horizontally disposed upper wall portion.
Claims 1-12 and 14-17 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.
In regard to claims 1 and 14, “said sensor foil” on lines 8 and 13 of claim 1 and lines 12 and 17-18 of claim 14 lacks antecedent basis.
In regard to claim 3, it is unclear which sensor “said sensor” is referring to. For the purposes of examination “said sensor” is interpreted as “said sensors”.
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, 4, 5, 7 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. [Suzuki hereinafter, US 9,640,337].
In regard to claim 1, Suzuki discloses [in Fig. 3A] an electric switch comprising: a. a horizontally disposed upper wall portion [161], horizontally disposed lower wall portion [60B], and two vertically disposed sidewalls [61, 64] collectively defining an opening wherein one of said vertically disposed sidewalls [61] intersects with said horizontally disposed upper wall portion [161] at an angle α of less than 90°; b. a sensor [70B] present on said horizontally disposed upper wall portion [161] wherein a force applied to said sensor on said horizontally disposed upper wall portion [161] transmits a signal to control one or more selected vehicle operations; c. a sensor [70A] present on said vertically disposed sidewall [61] that intersects with said horizontally disposed upper wall portion [161] at an angle α of less than 90°, wherein a force applied to said sensor on said vertically disposed sidewall [61] transmits a signal to control one or more selected vehicle operations.
In regard to claim 4, Suzuki discloses [in Figs. 1 and 3A] the electric switch of claim 1 wherein said horizontally disposed upper wall portion [161], said horizontally disposed lower wall portion [60B] and said two vertically disposed sidewalls [61, 64], are part of a vehicle door panel substrate.
In regard to claim 5, Suzuki discloses [in Fig. 3A] the electric switch of claim 1 wherein a minimum force applied to said sensor [70B] on said horizontally disposed upper wall portion [161] results in lowering of a vehicle window.
In regard to claim 7, Suzuki discloses [in Fig. 3A] the electric switch of claim 1 wherein a minimum force applied to said sensor [70A] on said vertically disposed sidewall [61] that intersect with said horizontally disposed upper wall portion [161] at an angle α of less than 90°, results in raising of a vehicle window.
In regard to claim 13, Suzuki discloses [in Figs. 1 and 3A] a vehicle door panel comprising one or a plurality of electric window switches for raising or lowering of a vehicle window [50], said electric window switch comprising: a. a horizontally disposed upper wall portion [161], horizontally disposed lower wall portion [60B], and two vertically disposed sidewalls [61, 64] collectively defining an opening wherein one of said vertically disposed sidewalls [61] intersects with said horizontally disposed upper wall portion [161] at an angle α of less than 90°; b. a sensor [70B] present on said horizontally disposed upper wall portion [161] wherein a force applied to said sensor [70B] on said horizontally disposed upper wall portion transmits a signal that results in lowering of said vehicle window [50]; c. a sensor [70A] present on said vertically disposed sidewall [61] that intersects with said horizontally disposed upper wall portion [161] at an angle α of less than 90°, wherein a force applied to said sensor [70A] on said vertically disposed sidewall transmits a signal that results in raising of said vehicle window [50].
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 Suzuki et al. [Suzuki hereinafter, US 9,640,337]. Suzuki discloses [in Fig. 3A] the electric switch of claim 1. Suzuki does not disclose that said vertically disposed sidewall intersects with said horizontally disposed upper wall portion at an angle α of 89° to 70°. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a vertically disposed sidewall that intersects with the horizontally disposed upper wall portion at an angle α of 89° to 70°, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claims 3 and 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. [Suzuki hereinafter, US 9,640,337] in view of Filion et al. [Filion hereinafter, US 5,448,028].
In regard to claim 3, Suzuki discloses [in Fig. 3A] the electric switch of claim 1. Suzuki does not disclose a skin covering is disposed on said sensors. Filion teaches [in Figs. 1 and 2] a skin covering [28] disposed on said sensors [38, 44]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the skin covering of Filion with the electric switch of Suzuki in order to protect the electric switch.
In regard to claim 14, Suzuki discloses [in Fig. 3A] a method of forming an electric switch comprising: a. supplying a substrate [20B], sensor [70A, 70B]; b. providing an electric switch having: i. a horizontally disposed upper wall portion [161], horizontally disposed lower wall portion [60B], and two vertically disposed sidewalls [61, 64] collectively defining an opening wherein one of said vertically disposed sidewalls [61] intersects with said horizontally disposed upper wall portion [161] at an angle α of less than 90°; ii. a sensor [70B] present on said horizontally disposed upper wall portion [161] wherein a force applied to said sensor [70B] on said horizontally disposed upper wall portion [161] transmits a signal to control one or more selected vehicle operations; and iii. a sensor [70A] present on said vertically disposed sidewall [61] that intersects with said horizontally disposed upper wall portion [161] at an angle α of less than 90°, wherein a force applied to said sensor [70A] on said vertically disposed sidewall [61] transmits a signal to control one or more selected vehicle operations. Suzuki does not disclose supplying a coverstock, compression molding a substrate, sensor and coverstock and having a coverstock overlying the wall portions and sidewalls. Filion teaches [in Figs. 1 and 2] supplying a coverstock [28], compression molding [col. 3, lines 11-15 and col. 5, lines 44-47] a substrate [24], sensor [38, 44] and coverstock [28], and having a coverstock [28] overlying the wall portions and sidewalls. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to combine the coverstock of Filion with the electric switch of Suzuki in order to protect the electric switch.
In regard to claim 15, Suzuki discloses [in Fig. 3A] some of the method of claim 14 wherein said electric switch is positioned in a vehicle door panel [Fig. 1].
In regard to claim 16, Suzuki and Filion teach that the claimed invention except for positioning the electric switch in a vehicle floor console. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to position the electric switch in a vehicle floor console, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
In regard to claim 17, Suzuki and Filion teach that the claimed invention except for positioning the electric switch in a vehicle headliner. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to position the electric switch in a vehicle headliner, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Claims 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. [Suzuki hereinafter, US 9,640,337] in view of Baier [US 7,786,400]. Suzuki discloses the electric switch of claims 5 and 7. Suzuki does not disclose that said minimum force is 2 Newtons. Baier teaches [in Fig. 1 and col 5, lines 61-63] a minimum force to actuate the switch is 2 Newtons. It would have been obvious to one of ordinary skill in the art before the effective filing date to provide a minimum actuation force of 2 Newtons in order to actuate the switch as desired.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. [Suzuki hereinafter, US 9,640,337] in view of Pandher et al. [Pandher hereinafter, US 8,994,689].
In regard to claim 9, Suzuki discloses [in Fig. 3A] the electric switch of claim 1 wherein a selected force applied to said sensor located on said horizontally disposed upper wall portion results in a vehicle window undergoing a down condition. Suzuki does not disclose that the down condition is an express down condition. Pandher teaches [in Figs. 3 and 5] that the down condition can be an express down condition. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide an express down condition in order to operate the vehicle parts as desired.
In regard to claim 10, Suzuki discloses [in Fig. 3A] the electric switch of claim 1
wherein a selected force applied to said sensor [70A] located on said vertically disposed sidewall [61] that intersect with said horizontally disposed upper wall portion at an angle α of less than 90°, results in a vehicle window undergoing an up condition. Suzuki does not disclose that the down condition is an express up condition. Pandher teaches [in Figs. 3 and 5] that the up condition can be an express up condition. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide an express down condition in order to operate the vehicle parts as desired.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. [Suzuki hereinafter, US 9,640,337] in view of Borgmann et al. [US Borgmann hereinafter, US 2019/0386660].
In regard to claim 11, Suzuki discloses [in Figs. 1 and 3A] the electric switch of claim 1 wherein, depending upon the input force applied to the sensor on said horizontally disposed upper wall portion [161], a vehicle window [50] will lower. Suzuki does not disclose that the window will lower at a speed in the range of 50 mm/second to 200 mm/second. Borgmann teaches [in Fig. 3 and Par. 0033] that depending upon the input force applied to the sensor [5] on said horizontally disposed upper wall portion, a speed of the window can be adjusted. It would have been obvious to one or ordinary skill in the art before the effective filing date of the invention to adjust the speed of the window in order to operate the vehicle parts as desired. With respect to the limitation of the speed being in a range of 50 mm/second to 200 mm/second,
it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
In regard to claim 12, Suzuki discloses [in Figs. 1 and 3A] the electric switch of claim 1 wherein, depending upon the input force applied to the sensor [70A] on said vertically disposed sidewall [61] that intersects with said horizontally disposed upper wall portion [161] at an angle α of less than 90°, a vehicle window will raise. Suzuki does not disclose that the window will raise at a speed in the range of 50 mm/second to 100 mm/second. Borgmann teaches [in Fig. 3 and Par. 0033] that depending upon the input force applied to the sensor [5], a speed of the window can be adjusted. It would have been obvious to one or ordinary skill in the art before the effective filing date of the invention to adjust the speed of the window in order to operate the vehicle parts as desired. With respect to the limitation of the speed being in a range of 50 mm/second to 100 mm/second, it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Conclusion
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/LHEIREN MAE A CAROC/Primary Examiner, Art Unit 2833