DETAILED ACTION
This is a first office action in response to Application No. 18/708,448 originally filed on 05/08/2024, in which claims 1 - 14 are presented for examination.
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 Objection
Claim 3 recites the limitation "the current actual force" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the first actuation-expected state" in line 8. There is insufficient antecedent basis for this limitation in the claim.
Claim 4 recites the limitation "the second actuation-waiting state" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the first actuation-waiting state" in lines 3 - 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the first actuation-waiting state" in line 4 and "the second actuation-waiting state" lines 3 - 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the first actuation-expected state" and "the second actuation-expected state" in lines 3 - 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the first actuation-waiting state" and "the second actuation-waiting state" in lines 2 - 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the second actuation-waiting state" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 3-7 and 10-14 are rejected based on dependency.
Claims 7 and 10 are objected to because of the following formalities:
Claim 7 depends from claim 7. For the purposes of this office action, claim 7 depends on claim 1.
Claim 10 depends from claim 10. For the purposes of this office action, claim 10 depends on claim 9. Appropriate correction is required.
Claim Rejections - 35 USC § 102
14. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
15. 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.
16. Claims 1 - 3, 5, 8 - 10 and 12 - 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wachinger “US 2019/0338561”.
Re-claim 1, Wachinger teaches an operating input apparatus (fig. 2; 3) for a motor vehicle, (fig. 2; 1)
the apparatus (fig. 2; 3) comprising:
an operating surface, (fig. 2; 8)
at least one touch sensor device (fig. 2; 7 & 10) for detecting a touching of the operating surface (fig. 2; 8) by an operator (fig. 2; 4),
at least one force sensor device (fig. 2; 21) for detecting an actual operating force (fig. 2; 22) applied to the operating surface (fig. 2; 8), and
an evaluation apparatus for determining an actuation state of the operating input device (fig. 2; 3), (par. [0046] FIG. 2 illustrates how the user 4 exerts the operating force 22 on the operating surface 8 by way of the finger 5 and, in the process, carries out an operating movement 32 such that the actuation element 7 carries out an evasive movement 33 following the operating force 22.)
wherein the touch sensor device (fig. 2; 7 & 10) is configured to generate and output a touch signal, (par. [0045])
wherein the force sensor device (fig. 2; 21) is configured to generate and output an actual force signal dependent on the actual operating force applied (fig. 2; 22), (par. [0046])
wherein the evaluation apparatus (fig. 2; 27) is configured to determine the actuation state of the operating input device (fig. 2; 3) at least as a function of the touch signal, the actual force signal and an associated current basic force value and to generate and output an operating signal (fig. 2; 36) characterizing the actuation state of the operating input device (fig. 2; 3), (par. [0046-0047])
wherein the operating input device (fig. 2; 3) is able to assume an unactuated initial state and at least one actuation-expected state, (par. [0013])
wherein in the unactuated initial state, the current basic force value corresponds to the value of the currently detected actual force signal, and in an actuation-expected state, the current basic force value is a defined force value in each case, (par. [0011])
wherein, when the touching of the operating surface (fig. 2; 3) is detected, in order to changer from the unactuated initial state to a first actuation-expected state, the evaluation unit (par. [0011]) is configured to:
determine a force signal gradient of the applied and detected operating force (fig. 2; 22) as a function of the actual force signal (fig. 2; 35) and to compare the determined force signal gradient with a predefined gradient threshold value, (pars. [0046] - [0047]) and
if the determined force signal gradient of the applied and detected operating force (fig. 2; 22) exceeds the predefined gradient threshold value, change from the unactuated initial state to a second actuation-expected state. (par. [0021])
Re-claim 2, Wachinger teaches wherein the defined force value is a frozen actual force value which has been detected at the time of detection of contact with the operating surface or at the time of exceeding the gradient threshold value. (par. [0013])
Re-claim 3, Wachinger teaches wherein the evaluation apparatus is configured to determine a difference between the current actual force value of the actual force signal and the current base force value and to compare the determined difference with a predetermined difference threshold value, (par. [0021])
wherein the evaluation apparatus is configured to recognize the operating input device as "actuated" at least in the first actuation-expected state and to output a corresponding operating signal if the determined difference exceeds the predetermined difference threshold value. (par. [0046])
Re-claim 5, Wachinger teaches wherein the operating input device is configured to switch from the first actuation-waiting state back to the unactuated initial state if, in the first actuation-waiting state, before an actuation has been detected, no more contact with the operating surface is detected. (pars. [0011] - [0012])
Re-claim 8, Wachinger teaches wherein the operating input device is configured to switch back to the unactuated initial state once an actuation has been detected, as soon as: the determined force signal gradient of the applied and detected operating force falls below the predefined gradient threshold value again, touch is no longer detected, (par. [0013]) or a defined delay time has elapsed after the end of the touch. (claim written alternatively)
Re-claim 9, Wachinger teaches a method for operating an operator input device the method comprising, at least temporarily in an unactuated initial state: (pars [0011])
detecting a current actual force value of an operating force applied to the operating surface (fig. 2; 8); (par. [0013])
determining whether the operating surface (fig. 2; 8) is touched by an operator; (fig. 2; 4) if no touching of the operating surface (fig. 2; 8) by an operator has been detected: (par. [0039])
assigning the detected, current actual force value to a base force value; (par. [0013]) and
repeating detecting the actual force value, determining if the operating surface (fig. 2; 8) is touched by an operator, (fig. 2; 4) and assigning the current actual force value to a base force value; (par. [0046])
if touching of the operating surface by an operator has been detected: (par. [0046] FIG. 2 illustrates how the user 4 exerts the operating force 22 on the operating surface 8 by way of the finger 5 and, in the process, carries out an operating movement 32 such that the actuation element 7 carries out an evasive movement 33 following the operating force 22.)
changing to a first actuation-expected state, and
assigning a defined force value to the base force value, or detecting a current actual force value of an operating force applied to the operating surface; (par. [0046])
determining a force signal gradient of the applied and detected operating force as a function of the actual force signal and comparing the determined force signal gradient with a predefined gradient threshold value, (par. [0046] If the operating force 22 is large enough, an evasive travel or a movement path of the actuation element 7 is so large that the force sensor 21 produces a force signal 35 which indicates that the operating force 22 is greater than a predetermined threshold.)
if the determined force signal gradient does not exceed the predefined force signal threshold value: assigning the detected, current actual force value to a base force value; (par. [0021]) and
repeating detecting a current actual force value, determining a force signal gradient, and assigning the actual force value to a base force value, if the determined force signal gradient exceeds the predefined force signal threshold value: (par. [0046])
changing to a first actuation-expected state, and assigning a defined force value to the base force value. (par. [0013])
Re-claim 10, Wachinger teaches wherein, when the operator input device (fig. 2; 3) is in the first actuation-waiting state or in the second actuation-waiting state (claim written alternatively) after the defined force value is assigned to the base force value (par. [0013])
the method further comprising:
determining whether the operating input device (fig. 2; 3) is actuated and
outputting a corresponding operating signal, (par. [0035])
wherein the determination of whether the operating input device is actuated is carried out by: determining a difference between the current actual force value of the actual force signal and the current base force value, (par. [0046]) and
comparing the determined difference with a predetermined difference threshold value, (par. [0046] If the operating force 22 is large enough, an evasive travel or a movement path of the actuation element 7 is so large that the force sensor 21 produces a force signal 35 which indicates that the operating force 22 is greater than a predetermined threshold.)
wherein the operating input device is recognized as "actuated" at least in the first actuation-expected state and a corresponding operating signal is output if the determined difference exceeds the predetermined difference threshold value. (par. [0046])
Re-claim 12, Wachinger teaches wherein the defined force value which is assigned to the base force value is a frozen actual force value which was detected at the time of detection of contact with the operating surface or at the time of exceeding the gradient threshold value. (par. [0046] If the operating force 22 is large enough, an evasive travel or a movement path of the actuation element 7 is so large that the force sensor 21 produces a force signal 35 which indicates that the operating force 22 is greater than a predetermined threshold.)
Re-claim 13, Wachinger teaches wherein a change is made from the first actuation-expected state back to the unactuated initial state if contact with the operating surface is no longer detected before an actuation has been detected. (par. [0011])
Re-claim 14, Wachinger teaches wherein, after an actuation has been detected, a change is made back to the unactuated initial state from the first actuation-expected state or from the second actuation-expected state, as soon as: the determined force signal gradient of the applied and detected operating force falls below the predefined gradient threshold value again, touch is no longer detected, or a defined delay time has elapsed after the end of the touch. (pars. [0011] - [0012])
Allowable Subject Matter
17. Claims 4, 6 - 7 and 11 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Contact Information
18. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sosina Abebe whose telephone number is (571) 270-7929. The examiner can normally be reached on Mon-Friday from 9:00-5:30 If attempts to reach the examiner by telephone are unsuccessful, the examiner's Supervisor, Temesghen Ghebretinsae can be reached on (571) 272-3017. The fax phone number for the organization where this application or proceeding is assigned is 703-872-9306. 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).
/S.A/Examiner, Art Unit 2626
/TEMESGHEN GHEBRETINSAE/Supervisory Patent Examiner, Art Unit 2626 1/1/2026B