DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the AIA first to invent provisions. 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable under JP 2014041756 A (“JP ‘756”) in view of JP 2001210169 A (“JP ‘169”).
JP ‘756 discloses:
Regarding claim 1:
A shifting apparatus, comprising:
a shift switch (11, 111, 113) that provides an operation instruction (¶ 15, “a switch device 2 having a plurality of switches, and a display 5 that displays map information, the results of operations performed by the switches, and the like”) in accordance with contact of an operating hand (pg. 2, “That is, the voltage signal V1 increases as the detected object approaches the operation unit 12, and the distance L from the operation unit 12 to the detected object is equal to or less than a first predetermined value L1 (1 mm in the present embodiment). The voltage signal V1 becomes equal to or higher than the reference value Vth1. Based on this, the control device 30 determines that the operation unit 12 has been operated”; note that, upon contact/touching, the control device 30 would determine that the operation unit 12 has been operated per being within the 1mm threshold distance);
an approach sensing unit (22) that senses an approach of the operating hand toward the shift switch (pg. 2, “the second detection electrode 22 is set to have a detection distance which is the maximum value of the distance at which the detection target can be detected as compared with the first detection electrode 21. That is, the voltage signal V2increases as the detected object approaches the second detection electrode 22, and the distance L from the operation panel10 to the detected object is a second predetermined value that is longer than the first predetermined value L1. When it becomes L2 (10 mm in this embodiment) or less, the voltage signal V2 becomes the reference value Vth2 or more.”); and
a notification unit (26) that, based on sensing information from the approach sensing unit, makes a notification that the operating hand has approached the shift switch (pg. 2, “In the present embodiment, in order to suitably suppress the occurrence of erroneous operation of the operation switch 11, the detected object is supplied to the operation unit 12 through the control device 30 based on the voltage signal V <b> 2 from the pair of second detection electrodes 22. When approaching is detected, detection by the operation switch 11 of the operation unit 12 other than the operation unit 12 is invalidated and prohibited. Further, at this time, the control device 30 reduces the illuminance of the light emitter 26 that illuminates the operation unit 12 other than the operation unit 12”; the corollary to this recitation is that, when moving away from electrodes 22 e.g. approaching electrodes 21, the control device 30 increases the illuminance of the light emitter 26 i.e. provides notification of the approach); and
a controller (30) configured
to determine, based on the sensing information from the approach sensing unit, whether the operating hand has approached the shift switch (pg. 2, “the second detection electrode 22 is set to have a detection distance which is the maximum value of the distance at which the detection target can be detected as compared with the first detection electrode 21. That is, the voltage signal V2increases as the detected object approaches the second detection electrode 22, and the distance L from the operation panel10 to the detected object is a second predetermined value that is longer than the first predetermined value L1. When it becomes L2 (10 mm in this embodiment) or less, the voltage signal V2 becomes the reference value Vth2 or more”),
to determine, based on near contact of the operating hand with the shift switch, whether the operating hand is in near contact with the shift switch (pg. 2, “The control device 30 detects the proximity state of the detected object to the operation unit 12 based on the voltage signalV1 from the first detection electrode 21. That is, the voltage signal V1 increases as the detected object approaches the operation unit 12, and the distance L from the operation unit 12 to the detected object is equal to or less than a first predetermined value L1 (1 mm in the present embodiment). The voltage signal V1 becomes equal to or higher than the reference value Vth1. Based on this, the control device 30 determines that the operation unit 12 has been operated”), and
to output the operation instruction only when it is determined that the operating hand is in near contact with the shift switch (pg. 2, supra; see also pg. 2, “in order to suitably suppress the occurrence of erroneous operation of the operation switch 11,the detected object is supplied to the operation unit 12 through the control device 30 based on the voltage signal V <b> 2 from the pair of second detection electrodes 22. When approaching is detected, detection by the operation switch 11 of the operation unit 12 other than the operation unit 12 is invalidated and prohibited.”),
wherein the notification unit makes the notification based on a determination that the operating hand has approached the shift switch (pg. 2, “the second detection electrode 22 is set to have a detection distance which is the maximum value of the distance at which the detection target can be detected as compared with the first detection electrode 21. That is, the voltage signal V2increases as the detected object approaches the second detection electrode 22, and the distance L from the operation panel10 to the detected object is a second predetermined value that is longer than the first predetermined value L1. When it becomes L2 (10 mm in this embodiment) or less, the voltage signal V2 becomes the reference value Vth2 or more”), and
wherein the operation instruction is output only when near contact (pg. 2, distance of “1 mm”) of the operating hand with the shift switch is determined (pg. 2, “The control device 30 detects the proximity state of the detected object to the operation unit 12 based on the voltage signalV1 from the first detection electrode 21. That is, the voltage signal V1 increases as the detected object approaches the operation unit 12, and the distance L from the operation unit 12 to the detected object is equal to or less than a first predetermined value L1 (1 mm in the present embodiment). The voltage signal V1 becomes equal to or higher than the reference value Vth1. Based on this, the control device 30 determines that the operation unit 12 has been operated”).
However, JP ‘756 does not expressly disclose that, as opposed to “near contact,” determining whether the operating hand is in contact with the shift switch and outputting the operation instruction only when it is determined that the operating hand is in contact with the shift switch.
JP ‘169 teaches determining whether the operating hand is in contact with the shift switch (pg. 1, “The switch type notification device according to claim 1 is provided around the driver's seat of the vehicle, and is provided in correspondence with the plurality of operation switches that output operation signals for driving the in-vehicle device by a pushing operation, respectively, and the operation switches”) and outputting the operation instruction only when it is determined that the operating hand is in contact with the shift switch (pg. 4, “When this detection signal is input to the detection determination processing section 11, the detection determination processing section 11 causes the operation switch SW (1), SW (2),. , SW (n), the operation switches SW (1), SW that a part of the human body is close to when it is determined that they are close to each other. (2),..., Outputs a switch specifying signal for specifying SW (n). The switch specifying signal is received by the audio processing unit 40 from the bus controller 13 via the bus line 2, and the operation switches SW (1), SW (2),..., SW (n)specified by the switch specifying signal. ) Is output to the outside through the speaker 42. Thus, the driver can use the voice information as a clue to bring the operation switches SW (1), SW (2), it is determined whether or not SW (n) is the desired one, and if it is desired, the operation switch SW (1), SW (2),..., And SW (n) are pushed to drive a predetermined vehicle-mounted device, but if not desired, a finger or the like is moved to another operation switch SW (1). ), SW (2), ..., SW”) as a part of a system that helps to ensure that the operator only operates their desired operation (pg. 4, “When a finger or the like is brought close to SW (n), the operation contents of the operation switches SW (1), SW (2),..., SW (n) to which the finger has come close are shown. The audio information is output as audio through the speaker 42.Therefore, using the voice information as a clue, one's own finger can be used as any of the operation switches SW (1), SW(2). To determine if it is close to (1), SW (2),..., SW (n) can be easily searched, and therefore, it is easy to operate a plurality of operation switches provided on the on-vehicle equipment while keeping the line of sight from the front. It can be carried out.”).
It would have been obvious to one having ordinary skill in the art to modify JP ‘756, with a reasonable expectation of success, to include determining whether the operating hand is in contact (as opposed to “near contact”) with the shift switch and outputting the operation instruction only when it is determined that the operating hand is in contact with the shift switch, as taught by JP ‘169, as a part of a system that helps to ensure that the operator only operates their desired operation.
JP ‘756 as modified above further teaches the following:
Regarding claim 2:
The shifting apparatus according to claim 1, wherein: at least two of the shift switch are provided in a row (see switches 113 in a row in FIG. 6 in FIG. 2, 5-6; pg. 4, “In the above embodiment, the operation panel 10 is assumed to extend in the vertical direction, and all the operation units 12 of the operation switches 11 on the operation panel 10 are provided in parallel in the vertical direction. Instead, for example, as shown in FIG. 6, on the operation panel 110 extending along the vertical direction, the operation unit 112 arranged side by side along the vertical direction and the operation arranged side by side along the vehicle width direction”), and the notification unit makes a notification for a shift switch among the at least two shift switches that the operating hand has approached (pg. 2, supra).
Regarding claim 3:
The shifting apparatus according to claim 2, wherein the at least two shift switches are disposed in a row at a flat surface (FIG. 5(b) depicts flat surface of panel 10).
Regarding claim 4:
The shifting apparatus according to claim 1 wherein, based on the sensing information from the approach sensing unit, the notification unit makes notifications in stages that the operating hand is approaching the shift switch (pg. 2, “In the present embodiment, in order to suitably suppress the occurrence of erroneous operation of the operation switch 11, the detected object is supplied to the operation unit 12 through the control device 30 based on the voltage signal V <b> 2 from the pair of second detection electrodes 22. When approaching is detected, detection by the operation switch 11 of the operation unit 12 other than the operation unit 12 is invalidated and prohibited. Further, at this time, the control device 30 reduces the illuminance of the light emitter 26 that illuminates the operation unit 12 other than the operation unit 12”; the corollary to this recitation is that, when moving away from electrodes 22 e.g. approaching electrodes 21, the control device 30 increases the illuminance of the light emitter 26 i.e. provides notification of the approach, the increasing reflects the stages).
Regarding claim 5:
The shifting apparatus according to claim 1, wherein the notification unit is a light output unit that outputs light (26).
Regarding claim 6, JP ‘756 discloses the limitations of claim 1, see above, but does not expressly disclose wherein the notification unit is a sound output unit that outputs sound.
JP ‘169 teaches a notification unit being a sound output unit that outputs sound (pg. 2, “a voice processing unit that outputs voice information indicating the content through a speaker”) to inform the driver/user the operation contents of the switch to which the finger has come close (pg. 4, “In the switch type notifying device configured as described above, the driver can select one of the operation switches SW (1),SW (2), ..., When a finger or the like is brought close to SW (n), the operation contents of the operation switches SW (1), SW (2),..., SW (n) to which the finger has come close are shown. The audio information is output as audio through the speaker 42.Therefore, using the voice information as a clue, one's own finger can be used as any of the operation switches SW (1), SW(2)”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, with a reasonable expectation of success, to modify JP ‘756 such that the notification unit is a sound output unit that outputs sound, as taught by JP ‘756, to inform the driver/user the operation contents of the switch to which the finger has come close.
Response to Arguments
Applicant’s amendments to the claims filed 2/6/2026 have been fully considered and have required a new grounds of rejection is made under JP ‘756 in view of JP ‘169, as described supra. Applicant’s remaining arguments have been fully considered but are not deemed as persuasive.
Applicant argues that JP ‘169 “does not disclose a configuration in which notification based on an approach determination is explicitly separated from confirmation of an operation instruction, nor does it teach restricting output of an operation instruction until contact of an operating hand with a shift switch is affirmatively determined.” Remarks at 8. In response, the Examiner respectfully disagrees. At least pages 2 and 4 in JP ‘169 teach an approach determination step/stage via a “detection determination processing section 11” which triggers the playing of audio information indicating the operation content of the approached switch; and that the driver can then push/contact the switch directly to initiate said operation content. As such, Applicant’s argument is not deemed as persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL D YABUT whose telephone number is (571)270-5526. The examiner can normally be reached on Monday through Friday from 9:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor John Olszewski can be reached on (571) 272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL D YABUT/Primary Examiner, Art Unit 3656
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