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 . 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.
Status of Claims
Claims 14-26 are pending and have been examined below.
Claim Interpretation
The following is a quotation of 35 USC 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 USC 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.
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.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 USC 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 USC 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.
Claims 14-26 are rejected under 35 USC 112(b) or 35 USC 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 pre-AIA the applicant regards as the invention.
Claim 14
The claim is a method claim, however, it is unclear if the method recites any actual method steps, as the claim currently only recites “wherein” clauses. If no method steps are present in the claim, the claim would be rejected under 35 USC 101 as not being directed to a statutory category of invention. Currently, the phrase “...is moved...” suggests and is presumed to be a method step. Still, Applicant is required to at least amend the claim in such a way that the claim clearly delineates method steps.
Additionally, the word “intuitively” renders the claim indefinite since the word is subjective in meaning.
Claim 19
The word “intuitively” renders the claim indefinite since the word is subjective in meaning.
Claim 20
Claim 20, reciting “the control system” is dependent on claim 16, a method claim. Claim 16 does not have a control system as claim 20 states. Based on context, this appears to be a typo and Examiner presumes and has examined the claims as if claim 20 was dependent on claim 19.
Claim 24
The word “ergonomically” renders the claim indefinite since the word is subjective in meaning.
In the instance(s) above, one of ordinary skill in the art would not be able to determine the metes and bounds of the claims, thus rendering the claimed invention vague and indefinite. Correction is required.
Claims dependent on the above claims do not remedy their deficiencies, so they are rejected for similar reasons.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 USC 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.
Claims 14, 16-19, 21-23 and 26 are rejected under 35 USC 102 as being anticipated by US20110032186 (“Genesin”).
Claim 14
Genesin discloses a method for invoking functions and for activating settings of a vehicle (0023, 0028, 0032),
wherein the functions and settings are represented by elements in a display area located in the field of view of a person driving the vehicle (0023 According to a different embodiment (not illustrated), the display 7 is not set in a central portion of the dashboard 3 between the driver's seat and the front passenger's seat, but is inserted in the instrument panel 4 so as to be set in front of the driver and so as to be visible to the driver through a top opening of the steering wheel 5. According to a further embodiment (not illustrated), in addition to the display 7 a further display is provided, which is inserted in the instrument panel 4 and normally duplicates the information appearing on the display 7 for the benefit of the driver. In this case the display 7 set in a central portion of the dashboard 3 between the driver's seat and the front passenger's seat is basically used by the passengers., 0028 Preferably, the user displaces the bar 9 for selecting on the display 7 the desired option from amongst the various options displayed and presses the pushbutton 17 to activate the selected option. In other words, when on the display 7 a number of options are displayed by displacement of the bar 9, the user can select the desired option (for example, by displacing a selection cursor on the desired option) and then presses the activation pushbutton 17 for activating the selected option.), and
wherein an input mark is moved in the display area by means of an input means, which is to be operated intuitively by the person operating the vehicle, onto the element of a setting to be activated (0028 Preferably, the user displaces the bar 9 for selecting on the display 7 the desired option from amongst the various options displayed and presses the pushbutton 17 to activate the selected option. In other words, when on the display 7 a number of options are displayed by displacement of the bar 9, the user can select the desired option (for example, by displacing a selection cursor on the desired option) and then presses the activation pushbutton 17 for activating the selected option., 0029, 0032 appearing on the display 7 is a set of selectable options 18, and the position of the bar 9 of the control device 8 is detected for determining the option 18 selected by the user from amongst the selectable options 18 appearing on the display 7. Appearing on the display 7 is the path 19, set along which are the selectable options 18, and the haptic actuator 16 coupled to the bar 9 is governed to allow the bar 9 itself to perform only movements that reproduce the path 19 appearing on the display 7.).
Claim 16
Genesin discloses:
wherein at least a part of the display area is generated by a representation on a display arranged on a part of a dashboard of the vehicle located in the field of view of the person operating the vehicle (0023 According to a different embodiment (not illustrated), the display 7 is not set in a central portion of the dashboard 3 between the driver's seat and the front passenger's seat, but is inserted in the instrument panel 4 so as to be set in front of the driver and so as to be visible to the driver through a top opening of the steering wheel 5. According to a further embodiment (not illustrated), in addition to the display 7 a further display is provided, which is inserted in the instrument panel 4 and normally duplicates the information appearing on the display 7 for the benefit of the driver. In this case the display 7 set in a central portion of the dashboard 3 between the driver's seat and the front passenger's seat is basically used by the passengers., 0028, Preferably, the user displaces the bar 9 for selecting on the display 7 the desired option from amongst the various options displayed and presses the pushbutton 17 to activate the selected option. In other words, when on the display 7 a number of options are displayed by displacement of the bar 9, the user can select the desired option (for example, by displacing a selection cursor on the desired option) and then presses the activation pushbutton 17 for activating the selected option.).
Claim 17
Genesin discloses:
wherein the input means comprises a mouse, and the input mark is produced by means of displacing the mouse (0039 FIG. 7 illustrates the dashboard 3 provided with a different control device 8, which is of the mouse type and comprises a grippable element 21 that is shaped like the mouse of a computer, 0028 the user can select the desired option (for example, by displacing a selection cursor on the desired option), Fig. 8, 0039, 0059).
Claim 18
Genesin discloses:
wherein the display area is changeable by means of the mouse, by a scroll wheel (0044 By means of the mouse control device 8 illustrated in FIGS. 7-9, the wheel 23 is used for scrolling the closed path 27 forwards or backwards with respect to the selection window 29. In this case, the haptic device coupled to the wheel 23 impresses a movement of jumpy rotation on the wheel 23 itself in the two directions of rotation for scrolling the closed path 27 forwards or backwards with respect to the selection window 29. The jumpy rotation envisages that the haptic device coupled to the wheel 23 will be governed so as to require a peak of effort for abandoning an angular position of selection. In other words, each angular position of selection constitutes a point of relative minimum of the effort necessary to turn the wheel 23.).
Claim 19
Genesin discloses a control system for invoking functions and for activating settings of a vehicle (0023, 0028, 0032),
having a display area which is arranged in the field of view of a person operating the vehicle (0023 According to a different embodiment (not illustrated), the display 7 is not set in a central portion of the dashboard 3 between the driver's seat and the front passenger's seat, but is inserted in the instrument panel 4 so as to be set in front of the driver and so as to be visible to the driver through a top opening of the steering wheel 5. According to a further embodiment (not illustrated), in addition to the display 7 a further display is provided, which is inserted in the instrument panel 4 and normally duplicates the information appearing on the display 7 for the benefit of the driver. In this case the display 7 set in a central portion of the dashboard 3 between the driver's seat and the front passenger's seat is basically used by the passengers., 0028 Preferably, the user displaces the bar 9 for selecting on the display 7 the desired option from amongst the various options displayed and presses the pushbutton 17 to activate the selected option. In other words, when on the display 7 a number of options are displayed by displacement of the bar 9, the user can select the desired option (for example, by displacing a selection cursor on the desired option) and then presses the activation pushbutton 17 for activating the selected option.),
wherein the display area has elements which are assigned to the functions and settings (0023, 0028, Figs. 6 and 10),
having an input mark within the display area, using which elements are individually actuatable and selectable (0057 FIG. 14 six different options 18 are displayed ("Adas", "Navi", "Map", "Media", "Options", "Phone") and a synoptic image 39 that reproduces the shape of the control device 8 indicating the functions associated to the four pushbuttons 33 of the control device 8 itself. In particular, by using the closed path 34 of the control device 8 it is possible to choose an option 18, whilst by pressing a pushbutton 33 of the control device 8 that carries out the function of activation it is possible to select the option 18 chosen. In particular, the option 18 chosen is highlighted by a selection cursor 20, which, as has already been said, is shifted according to the closed path 34 of the control device 8.), and
having an intuitively activatable input means, by means of which the input mark is movable, the functions can be invoked, and the settings are activatable (Fig. 8, 0039).
Claim 21
Genesin discloses:
wherein the control system comprises a display which is arranged in the field of view of the person driving the vehicle and is arranged in a part of a dashboard of the vehicle (0023 According to a different embodiment (not illustrated), the display 7 is not set in a central portion of the dashboard 3 between the driver's seat and the front passenger's seat, but is inserted in the instrument panel 4 so as to be set in front of the driver and so as to be visible to the driver through a top opening of the steering wheel 5. According to a further embodiment (not illustrated), in addition to the display 7 a further display is provided, which is inserted in the instrument panel 4 and normally duplicates the information appearing on the display 7 for the benefit of the driver. In this case the display 7 set in a central portion of the dashboard 3 between the driver's seat and the front passenger's seat is basically used by the passengers., 0028, Preferably, the user displaces the bar 9 for selecting on the display 7 the desired option from amongst the various options displayed and presses the pushbutton 17 to activate the selected option. In other words, when on the display 7 a number of options are displayed by displacement of the bar 9, the user can select the desired option (for example, by displacing a selection cursor on the desired option) and then presses the activation pushbutton 17 for activating the selected option.).
Claim 22
Genesin discloses:
wherein the input means comprise a touchpad or a joystick, or a mouse (0039 FIG. 7 illustrates the dashboard 3 provided with a different control device 8, which is of the mouse type and comprises a grippable element 21 that is shaped like the mouse of a computer, 0028 the user can select the desired option (for example, by displacing a selection cursor on the desired option), Fig. 8, 0039, 0059).
Claim 23
Genesin discloses:
wherein the input means comprise a mouse (0039 FIG. 7 illustrates the dashboard 3 provided with a different control device 8, which is of the mouse type and comprises a grippable element 21 that is shaped like the mouse of a computer, 0028 the user can select the desired option (for example, by displacing a selection cursor on the desired option), Fig. 8, 0039, 0059).
Claim 26
Genesin discloses:
a vehicle having a control system according to claim 19 (Fig. 7).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 USC 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.
Claims 15 and 20 are rejected under 35 USC 103 as being unpatentable over Genesin in view of US20120173067 (“Szczerba”)
Claim 15
Genesin fails to explicitly disclose wherein at least a part of the display area is effectuated by a projection into a windshield of the vehicle. However, Genesin does disclose a display (0023). Furthermore, Szczerba teaches an interface for invoking vehicle settings (0053), including:
wherein at least a part of the display area is effectuated by a projection into a windshield of the vehicle (0018 HUD 150 includes a windscreen equipped with features capable of displaying an image projected thereupon while remaining transparent or substantially transparent such that occupants of the vehicle can clearly observe outside of the vehicle through the windscreen. HUD 150 can include a portion of the windscreen, for example, a portion including the driver side half of the windscreen, or HUD 150 can include substantially the full windscreen. One will appreciate that while HUD 150 includes the windscreen in the front of the vehicle, other surfaces within the vehicle could be used for projection, including side windows and a rear window. Additionally, the view on the front windscreen could be continued upon the front vehicle "A-pillars").
Genesin and Szczerba both disclose display systems for vehicles that receive input from the driver. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in Genesin to include the teaching of Szczerba with a reasonable expectation of success in order to increase the display area and allow for minimal shift in gaze direction of the driver when making vehicle setting selections.
Claim 20
Genesin fails to disclose wherein the control system comprises a projection device which interacts with at least a part of a windshield of the vehicle. However, Genesin does disclose a display (0023). Furthermore, Szczerba teaches an interface for invoking vehicle settings (0053), including:
wherein the control system comprises a projection device which interacts with at least a part of a windshield of the vehicle (0018 HUD 150 includes a windscreen equipped with features capable of displaying an image projected thereupon while remaining transparent or substantially transparent such that occupants of the vehicle can clearly observe outside of the vehicle through the windscreen. HUD 150 can include a portion of the windscreen, for example, a portion including the driver side half of the windscreen, or HUD 150 can include substantially the full windscreen. One will appreciate that while HUD 150 includes the windscreen in the front of the vehicle, other surfaces within the vehicle could be used for projection, including side windows and a rear window. Additionally, the view on the front windscreen could be continued upon the front vehicle "A-pillars").
See prior art rejection of claim 15 for obviousness and reasons to combine.
Claims 24 and 25 are rejected under 35 USC 103 as being unpatentable over Genesin in view of US6504528 (“Kermani”).
Claim 24
Genesin discloses:
wherein the mouse has an ergonomically shaped housing comprising an actuating means (Fig. 8, 0039 FIG. 7 illustrates the dashboard 3 provided with a different control device 8, which is of the mouse type and comprises a grippable element 21 that is shaped like the mouse of a computer. According to what is illustrated in FIGS. 8 and 9, the grippable element 21 has in a front position a pair of pushbuttons 22 and a wheel 23 that is coupled to a haptic actuator (integrated within the grippable element 21 and not illustrated).).
Genesin fails to disclose wherein the mouse is securable via magnetically acting means on an underlying surface against inadvertent lifting off and/or slipping from the underlying surface. Furthermore, Kermani teaches a mouse input device (abstract), including:
wherein the mouse is securable via magnetically acting means on an underlying surface against inadvertent lifting off and/or slipping from the underlying surface (abstract: The invention is a computer mouse-device/mouse-pad combination in which the mouse device and mouse-pad are magnetically attracted to each other so that a mouse device will stay fixed to the mouse-pad when the mouse-pad is at an angle to the horizontal. Preferably, the mouse device is magnetized by an electromagnetic magnet which is controlled to be sensitive to the touch of the user such that the magnetic force is weakened or turned off when the user touches the mouse device and is turned on full force when the user's hand is not in contact with the mouse device.).
Genesin and Kermani both disclose a mouse-type input device to select elements on a display. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of Applicant's invention to modify the system in Genesin to include the teaching of Kermani with a reasonable expectation of success in order to ensure that the mouse stays fixed in particular position when not in use to prevent loss of the mouse.
Claim 25
Genesin fails to disclose wherein the magnetically acting means are activatable, such that they are activated when the housing of the mouse is not manually activated by an operator. However, Genesin does disclose the mouse (Fig. 8). Furthermore, Kermani teaches a mouse input device (abstract), including:
wherein the magnetically acting means are activatable, such that they are activated when the housing of the mouse is not manually activated by an operator (abstract: The invention is a computer mouse-device/mouse-pad combination in which the mouse device and mouse-pad are magnetically attracted to each other so that a mouse device will stay fixed to the mouse-pad when the mouse-pad is at an angle to the horizontal. Preferably, the mouse device is magnetized by an electromagnetic magnet which is controlled to be sensitive to the touch of the user such that the magnetic force is weakened or turned off when the user touches the mouse device and is turned on full force when the user's hand is not in contact with the mouse device.).
See prior art rejection of claim 24 for obviousness and reasons to combine.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner KRISHNAN RAMESH whose telephone number is (571)272-6407. The examiner can normally be reached Monday-Friday 8:30am-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, Abby Flynn, can be reached at (571)272-9855. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KRISHNAN RAMESH/
Primary Examiner, Art Unit 3663