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 .
Summary
Claims 1-15 are pending. Claims 1-15 are rejected herein. This is a First Action on the Merits.
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, the first sensing electrode and the second sensing electrode coupled to each other to be symmetrical in all directions as recited in claims 2, 7, and 11 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(s) 2, 3, 5-7, and 11 is/are objected to because of the following informalities. Appropriate correction is required.
Regarding claims 2, 3, 5-7, and 11: Replace “the sensor electrode” with --the at least one sensor electrode-- and replace “the resistor” with --the at least one resistor-- to keep terminology consistent.
Claim Rejections - 35 USC § 112(a)
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.
Claim(s) 2-5, 7-9, and 11-13 is/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 enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Regarding claims 2, 7, and 11: These claims recite “a first sensing electrode and a second sensing electrode coupled to each other to be symmetrical in all directions on a plane while being insulated from each other.” This embodiment is not described in the specification or shown in the drawings. Para. 82 of the specification as published uses this language with reference to FIG. 10 and purports to show this limitation, however a spiral is not a shape that is symmetrical in all directions. “Symmetrical in all directions on a plane” is taken to mean that the shape has absolute rotational symmetry such that no matter what angle the shape is rotated through, it will remain geometrically identical. This is not the case with a spiral. A spiral has no rotational symmetry. A circle or a bullseye has absolute rotational symmetry, but not a spiral. To describe the geometry of the electrodes (21, 22) in FIG 10, the Examiner recommends using language such as “interleaved spiral” or something similar. Please note the term “interleaved spiral” has basis in the art to describe electrodes (See US 20140192027, US 5291090, and GB 1352715), and because the geometry of the electrodes is clearly shown in FIG. 10, using this alternate language would not constitute new matter.
Regarding claims 3-5, 8, 9, 12, and 13: These claims are rejected as lacking enablement due to their dependence.
Claim Rejections - 35 USC § 112(b)
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.
Claim(s) 5, 9, and 13-15 is/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.
Regarding claims 5, 9, and 13: Claims 5, 9, and 13 recite “for mutual conduction of the first sensing electrode and the second sensing electrode.” This only means that both of them will be conducting. This does not rightly explain that the resistor is coming in contact with both the first conductor and the second conductor to form a conductive bridge between them. The Examiner recommends using language such as “for conduction between the first sensing electrode and the second sensing electrode.”
Regarding claims 14 and 15: Claim 15 recites two heater areas near “the pressure sensing position” and “setting heating temperatures of the two heater areas such that the heating temperatures are distributed to correspond to a difference between pressure values calculated by the pressure value calculator.” This does not make sense based on the language of claim 14. For there to be a “difference between pressure values” there has to be at least two pressure values and since a pressure value is determined based on the resistance across a particular sensing electrode (20 in FIG. 3), then there has to be at least two pressure values coming from at least two pressure sensing positions. Similarly in claim 14, the last paragraph recites a “distribution of pressure values” but only recites “a pressure sensing position and a level of a sensed pressure based on a sensing value from the pressure sensing unit.” Therefore it appears that claims 14 and 15 need to recite calculating a plurality of pressure levels from a plurality of sensed values at a respective plurality of pressure sensing positions.
Regarding claim 14: Claim 14 recites “controlling, by a heating controller, a heater to select a heater area corresponding to the pressure sensing position.” This makes it sound like the heater is selecting the heater area. However it only makes sense that the controller would select a heater area. Therefore the Examiner recommends using language such as “selecting, by a heater controller, a heater area corresponding to the pressure sensing position; applying, by the heater controller, a heating temperature to the selected heater area, wherein the heating temperature corresponds to a distribution of pressure values…” or something similar.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 5, 6, 9, 10, and 13 is/are rejected under 35 U.S.C. 102(a1 and a2) as being anticipated by KIM et al. (US 20230073404). Please note that while the US publication of KIM qualifies as prior art under 35 U.S.C. (a)(2), but not (a)(1), the Korean publication KR20210133013 of Korean application KR20200051654 (to which KIM claims priority) does qualify as prior art under 35 U.S.C. (a)(1). The US publication is considered an English language equivalent of the Korean publication of KIM, therefore reference will only be made to the US publication.
Regarding claim 1: KIM discloses: A pressure sensor module (FIGS. 5-7, 11, 12) comprising: a base substrate (10); at least one sensing electrode (11a and 11b in FIG. 14B) formed at the base substrate (11 is shown formed on 10 in FIG. 5); an adhesive layer (20) formed on the base substrate (FIG. 7A) while allowing the sensing electrode to be exposed (FIG. 7A); a resistor substrate (30) formed on the adhesive layer (FIG. 7A) and formed with at least one resistor (31) facing the sensing electrode (FIG. 7A); and at least one heater (60 in FIG. 11) formed on the base substrate (FIG. 12) while comprising a heating wire (62 in FIG. 11) formed to be insulated from the sensing electrode (62 is insulated from sensing electrode [unlabeled] in FIG. 12.).
Regarding claims 5, 9, and 13: KIM discloses: the resistor (31 in FIG. 13; para. 73) comprises a plurality of separated resistor patterns (32) configured to be brought into contact with the first sensing electrode and the second sensing electrode to electrically interconnect the first sensing electrode and the second sensing electrode, for mutual conduction of the first sensing electrode and the second sensing electrode (para. 73-74).
Regarding claim 6: KIM discloses: A pressure sensor module FIGS. 5-7, 11, 12) comprising: a base substrate (10); at least one sensing electrode (11a and 11b in FIG. 14B) formed at the base substrate (11 is shown formed on 10 in FIG. 5); an insulating layer (20; adhesive layer is specified as insulating in para. 42.) formed on the base substrate (FIG. 7A) while allowing the sensing electrode to be exposed (FIG. 7A); a resistor substrate (30) formed on the insulating layer (FIG. 7A) and formed with at least one resistor (31) facing the sensing electrode (FIG. 7A); and at least one heater (60 in FIG. 11) formed on the resistor substrate (FIG. 12) while comprising a heating wire (62) formed on the insulating layer (FIG. 12).
Regarding claim 10: KIM discloses: A pressure sensor module (FIGS. 5-7, 11, 12) comprising: a base substrate (10); at least one sensing electrode (11a and 11b in 14B) formed on the base substrate (11 is shown formed on 10 in FIG. 5); an adhesive layer (20) formed on the base substrate (FIG. 7A) while allowing the sensing electrode to be exposed (FIG. 7A); a resistor substrate (30) formed on the adhesive layer (FIG. 7A) and formed with at least one resistor (31) facing the sensing electrode (FIG. 7A); and at least one heater (60 in FIG. 11) formed on the resistor substrate (FIG. 12) while comprising a heating wire (62) formed to be insulated from the resistor (by layers 61 and 30 in FIG. 12).
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(s) 2, 7, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM in view of IWASE et al. (US 20160327441).
Regarding claims 2, 7, and 11: As best understood, KIM discloses: the sensing electrode (11 in FIG. 6) comprises a first sensing electrode (11a in FIG. 14b) and a second sensing electrode (11b) coupled to each while being insulated from each other (FIG. 14B).
KIM does not disclose that the electrodes are symmetrical in all directions on a plane.
IWASE however does teach electrodes (12a and 12b in FIGS. 3a-3c) that have an interdigitated arrangement like KIM (FIG. 3a), a spiral arrangement like the present application (FIG. 3b), or a concentric arrangement (FIG. 3c) that is symmetrical in all directions in a plane. The invention of IWASE is a distributed pressure sensor (abstract; FIG. 5) that can detect contact with discrete pairs of electrodes (12a and 12b in FIG. 6a) and can be used in a vehicle seat (para. 3), just as in the present application.
It would be obvious to one skilled in the art at the time the application was effectively filed to use any of the various electrode geometries of IWASE in the invention of KIM because in each case the result is the same: pressure is applied to the top of the sensor which bridges contact between the two electrodes which is detected as the sensor signal. Therefore the use of any of the five known electrode geometries set forth in para. 88 of IWASE constitutes “Simple Substitution of One Known Element for Another to Obtain Predictable Results” (see MPEP 2143 B).
Claim(s) 3, 4, 8, 12, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over KIM in view of KIM et al. (KR 102253082, hereinafter KIM082). Please note that a machine translation of KIM082 has been included with this office action. All references to text in KIM082 are to the attached machine translation.
Regarding claims 3 and 4: KIM discloses: heater (60 in FIG. 11) comprises heating wire (62), the sensing electrode (11 in FIG. 1) comprises: a first electrode wiring (12a) electrically connected to the first sensing electrode (11a; FIG. 1); and a second electrode wiring (12b) electrically connected to the second sensing electrode (11b; FIG. 1).
However, the heating wire of KIM is not formed on the base substrate.
KIM082 however teaches heating wire (131, 132 in FIG. 2) formed on the base substrate (110) adjacent to the sensing electrode (141, 142) and configured to provide electrical connection of the heater (133) and the heating wire is formed on the base substrate to be insulated from the first electrode wiring or the second electrode wiring (insulated by coverlay 102 as shown in FIG. 2 and discussed in para. 69). Please note that the invention of KIM082 is for a film heater (para. 2) that is actuated by user contact (para. 3) which bridges electrodes (141 and 142 in FIG. 2), just as in the present application. KIM082 also teaches that the heating wire (131, 132) is formed to be insulated from the first and second sensing electrodes (141, 142) and the first and second electrode wirings (shown leading to the electrodes 142, 141 in FIG. 9) at one or another surface of the base substrate (FIG. 2), thus meeting the limitations of claim 4.
One skilled in the art at the time the application was effectively filed would be motivated to locate the heater of KIM on the same level as the sensing electrodes as taught by KIM082 to decrease the overall thickness of the invention (para. 3 of KIM082), which decreases manufacturing costs (para. 3 of KIM 082).
Regarding claims 8 and 12: KIM discloses: the heating wire (62 in FIG. 11) is formed, but not on a surface of the base substrate (10 in FIG. 3).
KIM082 however does teach the heating wire (131, 132, in FIG. 2) at one or another surface of the base substrate (110) to be insulated from the first sensing electrode (141), the second sensing electrode (142), a first electrode wiring electrically connected to the first sensing electrode (shown as an extension of 141 in FIG. 9), and a second electrode wiring electrically connected to the second sensing electrode (shown as extension of 142 in FIG. 9).
One skilled in the art at the time the application was effectively filed would be motivated to locate the heater of KIM on the same level as the sensing electrodes as taught by KIM082 to decrease the overall thickness of the invention (para. 3 of KIM082), which decreases manufacturing costs (para. 3 of KIM 082).
Regarding claims 14 and 15: As best understood, KIM discloses: A control method for a pressure sensor module comprising: sensing an external pressure (This is what pressure sensors do.) by a pressure sensing unit (FIGS. 1, 5-7, 11, and 12) comprising a plurality of sensing electrodes (11 in FIG. 1) on a base substrate (10); calculating, by a pressure value calculator (80 in FIG. 15; para. 78), a pressure sensing position (para. 18) and a level of a sensed pressure (para. 56) based on a sensing value from the pressure sensing unit (para. 18, 56); and controlling, by a heating controller (80 in FIG. 15; para. 78), and a heater (92).
KIM does not disclose that the heating controller selects a heater area corresponding to the pressure sensing position calculated by the pressure value calculator from among heater areas of the heater and to apply, to the selected heater area, a heating temperature corresponding to a distribution of pressure values calculated by the pressure value calculator.
KIM082 however does teach the heating controller (300 in FIG. 1) selects a heater area corresponding to the pressure sensing position calculated by the pressure value calculator from among heater areas of the heater (para. 92-93) and to apply, to the selected heater area, a heating temperature corresponding to a distribution of pressure values calculated by the pressure value calculator (para. 92-93). KIM082 also discloses controlling, by a heating controller, a heater comprises: setting at least two heater areas disposed nearest to the pressure sensing position calculated by the pressure value calculator; and setting heating temperatures of the two heater areas such that the heating temperatures are distributed to correspond to a difference between pressure values calculated by the pressure value calculator (para. 92-94), thus meeting the limitations of claim 15.
One skilled in the art at the time the application was effectively filed would be motivated to individually control the heaters of KIM based as on the pressure signals of KIM as taught by KIM082 because it gives more precise control on where heat is delivered and can prevent burns (para. 94 of KIM082).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL J KOLB whose telephone number is (571)270-7601. The examiner can normally be reached M-F 9-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura M Sweeney can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANIEL J KOLB/Examiner, Art Unit 2855
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