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 .
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.
Claim 1 recites the limitation "a first value unit" then “ a second value unit larger than the first value. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "a first value unit" then “ the difference..is the second value”. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 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.
Use of the word “modules” (or “means”, “step for”, “mechanism”, “device”, “unit”, “component”, “element”, “member”, “apparatus”, “machine”, “system”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “modules” in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Since claim limitations invokes 35 U.S.C. 112(f), claims 1 and 6 has been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 etseq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claims 2-5 depend on claim 1 thus 35 U.S.C. 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph) is also invoked.
Claim Rejections - 35 USC § 103
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 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 over Small et al. (US Patent Application Publication No. 2011/0082619) in view of Khafagy et al . (US Patent Application Publication No. 2018/0121071).
Regarding claim 1, Small discloses an information processing device connected to a touch-operable display device, comprising [see para. 0007; a method for configuring the touch-sensitive area and/or the tap duration associated with a plurality of touch-sensitive soft buttons of a vehicle user interface in response to varying vehicle conditions. In particular, as a monitored vehicle condition deteriorates, the system controller coupled to the vehicle user interface expands the touch-sensitive region and/or increases the tap duration of the touch-sensitive soft buttons]:
a determination unit for determining whether a current state is a first state wherein a touch operation on a screen of the display device is easy for a user, or a second state wherein the touch operation is less easy for the user than when in the first state [see para. 0059-0064 and figure 3 ; the user has much more control over their interaction with the soft buttons during times of minimal distraction. For example, when the vehicle is parked or traveling at low speeds, the user is able to accurately touch a relatively small region of the screen, and to touch this area at a relatively high tap speed. In contrast, when the user is distracted due to road conditions, or the road conditions are poor (e.g., bumpy road), the user find it difficult to accurately touch a small region of the screen, and/or to do so at a relatively high tap rate. User interface soft buttons, including slider controls such as the volume control, adapt to the vehicle conditions as detected by sensors, system controller is coupled to one or more of a vehicle vibration sensor, a vehicle cornering sensor, and a vehicle speed sensor. System controller be coupled to a precipitation sensor and to an ambient external temperature sensor. While other sensors may be used to sense other vehicle conditions, the inventors have found that the above-identified sensors, or some subset thereof, are adequate to use to adapt the vehicle interface to changing conditions; which corresponds to when the user is distracted due to road conditions, or the road conditions are poor (e.g., bumpy road), the user find it difficult to accurately touch a small region of the screen ];
and a display control unit that displays a first operator for adjusting a value related to content on the screen when in the first state, and displays a second operator for adjusting a value related to the content on the screen when in the second state [see para. 0060, 0067 and figures 3 and 10; user interface soft buttons, including slider controls such as the volume control, adapt to the vehicle conditions as detected by sensors. More particularly, system controller is coupled to one or more of a vehicle vibration sensor, a vehicle cornering sensor and a vehicle speed sensor. System controller also be coupled to a precipitation sensor and to an ambient external temperature sensor. While other sensors used to sense other vehicle conditions, or some subset thereof, are adequate to use to adapt the vehicle interface to changing conditions; which corresponds to adjusting a value related to content on the screen and user interface soft buttons, including slider controls such as the volume control, adapt to the vehicle conditions as detected by sensors];
wherein the first operator is an operator capable of adjusting a value related to the content [see para. 0042 and figure 3; Soft buttons used to provide the user with access to general display control settings. Alternately, soft buttons configured to provide the user with rapid access to frequently used interface functions, for example, direct access to specific subsystems (e.g., general set-up, climate control subsystem, audio subsystem, mobile/cell phone interface, navigation subsystem, drive train monitoring interface, battery charging subsystem interface, web browser, back-up and/or forward view camera, etc.); which corresponds to adjust subsystem functions such as audio volume in response to touch]; however, Small fails to explicitly teach a first value unit according to the touch operation and the second operator is an operator capable of adjusting a value related to the content in a second value unit larger than the first value in accordance with the touch operation.
Khafagy discloses a first value unit according to the touch operation and the second operator is an operator capable of adjusting a value related to the content in a second value unit larger than the first value in accordance with the touch operation [see abstract and para. 0017, ; a first button at a button location, in response to the vehicle speed being greater than or equal to the threshold, a second button at the button location. The display presents a first button at a button location of an interface in response to the vehicle being less than the threshold speed and presents a second button at the button location of the interface in response to the vehicle being greater than or equal to the threshold speed. That is, the display presents the first button or the second button at the button location of the menu based on the speed of the vehicle. The first button is associated with a first vehicle feature, and the second button is associated with a second vehicle feature. For example, the first button associated with a start-stop engine system or any other vehicle feature that is utilized when the vehicle is stopped and/or moving slowly; which corresponds to a first value unit according to the touch operation and the second operator is an operator capable of adjusting a value related to the content in a second value unit larger than the first value].
It would have been obvious to one of an ordinary skill in the art, having the teachings of Small and Khafagy before the affective filing date of the claimed invention to modify, Small’s adaptive soft buttons for a vehicle user interface of Small to include a first button at a button location, in response to the vehicle speed being greater than or equal to the threshold, a second button at the button location, as taught by Khafagy.
One would have been motivated to make such a combination to improving the user's ability to successfully interact with the interface. Expanded touch-sensitive regions may be visible or transparent on the vehicle user interface which keeps gazing time short as necessary on the screen.
Regarding claim 2, Small discloses wherein: the information processing device is installed in a moving body; the first state includes at least a state wherein the moving body is stopped [see para. 0059, 0064; the user has much more control over their interaction with the soft buttons during times of minimal distraction. For example, when the vehicle is parked or traveling at low speeds, the user is able to accurately touch a relatively small region of the screen].
Khafagy discloses the second state includes at least a state wherein the movable body moves at a speed exceeding a predetermined speed via manual driving by a driver [see para. 0018; the controller of the disclosed examples detects when the first button and/or the second button is pressed by a user and measures a duration for which the first button and/or the second is pressed. Based on the duration, the display replaces and/or adjusts the interface being displayed. For example, when the controller determines that the first button is pressed for a duration less than a threshold duration (e.g., about 3 seconds), the display presents a first feature interface for the first vehicle feature (e.g., the start-stop engine system) associated with the first button. In contrast, when the controller determines that the first button is pressed for a duration greater than or equal to the threshold duration, the display adjusts the interface by replacing the first button with the second button such that the second button is presented at the button location].
One would have been motivated to make such a combination to improving the user's ability to successfully interact with the interface. Expanded touch-sensitive regions may be visible or transparent on the vehicle user interface which keeps gazing time short as necessary on the screen.
Regarding claim 3, Small discloses wherein the display control unit: displays the first operator and the second operator on the screen when in the first state [see para. 0038, 0060; user interface soft buttons, including slider controls such as the volume control, adapt to the vehicle conditions as detected by sensors. More particularly, system controller is coupled to one or more of a vehicle vibration sensor, a vehicle cornering sensor, and a vehicle speed sensor. System controller also be coupled to a precipitation sensor and to an ambient external temperature sensor. While other sensors may be used to sense other vehicle conditions, the inventors have found that the above-identified sensors are adequate to use to adapt the vehicle interface to changing conditions].
Khafagy discloses displays only the second operator from among the first operator and the second operator on the screen when in the second state [see para. 0004 and figure 4; vehicle includes a speed sensor to measure a vehicle speed, a display controller to compare the vehicle speed to a threshold, and a display, in response to the vehicle speed being less than the threshold, a first button at a button location, in response to the vehicle speed being greater than or equal to the threshold, a second button at the button location].
One would have been motivated to make such a combination to improving the user's ability to successfully interact with the interface. Expanded touch-sensitive regions may be visible or transparent on the vehicle user interface which keeps gazing time short as necessary on the screen.
Regarding claim 4, Small discloses wherein the display control unit: displays the first operator and the second operator on the screen in either of the first state or the second state [see para. 0068 and figure 11; the touch area corresponding to each soft button has been significantly increased, thereby making it easier for the user to touch the desired soft button the extended touch sensitive region for each soft button, indicated by shaded region, is not visible to the user. Therefore the user would see the same interface, but the interface would accept button touches over a much larger region, i.e., region for each button, than indicated by the displayed button graphics. This allows the user to quickly utilize the user interface, and for the user interface to accurately recognize the user's intended touches, even if the user misses the intended soft button by a small amount]; displays the second operator on the screen in a larger size compared to the first state when in the second state [see para. 0048, 0068; when the vehicle is moving, the driver, and to a limited extent the passenger, must focus a large portion of their visual attention on the task of driving, in particular traffic conditions, road conditions, direction of travel, other vehicles, etc. As a result, when the vehicle is moving the user is no longer able to rely as strongly, nor for extended periods of time, on visual cues when interacting with the interface].
Regarding claim 5, Small discloses wherein the first operator: is a slider bar capable of adjusting a value related to the content in the first value unit within a predetermined range according to the touch operation, and the second operator [see para. 0060; user interface soft buttons, including slider controls such as the volume control, adapt to the vehicle conditions as detected by sensors, system controller is coupled to one or more of a vehicle vibration sensor, a vehicle cornering sensor, and a vehicle speed sensor. System controller also be coupled to a precipitation sensor and to an ambient external temperature sensor]: has a plurality of operators corresponding to a plurality of values related to the content discretely distributed within the predetermined range disposed side by side, wherein a difference between at least two consecutive values among the plurality of values relating to the content is the second value [see para. 0063; when the car is experiencing lateral forces without cornering (i.e., during a slide); however, sensor is included since even during cornering the passenger still wish to input or otherwise control various vehicle subsystems using the screen interface and the system controller compares the distance between the center of the area touched by the user and the center of each of the two soft buttons that include that touch-sensitive region. The soft button with the shortest distance to the center of the touched region is selected by controller as the likely target of the user. Preferably when the touch region is extended to such a degree that it overlaps with adjacent touch regions, the extended touch regions are transparent, thereby minimizing user confusion and distraction].
Regarding claim 6, Small discloses a non-transitory, computer-readable recording medium having stored thereon a computer program that, when executed by an electronic processor of an information processing device that is connected to a touch-operable display device, configures the information processing device to [see para. 0034 and figure 1; Coupled to user interface is a system controller. Preferably controller includes a graphical processing unit (GPU), a central processing unit (CPU), and memory]:
determining whether a current state is a first state wherein a touch operation on a screen of the display device is easy for a user, or a second state wherein the touch operation is less easy for the user than when in the first state [see para. 0059-0064 and figure 3 ; the user has much more control over their interaction with the soft buttons during times of minimal distraction. For example, when the vehicle is parked or traveling at low speeds, the user is able to accurately touch a relatively small region of the screen, and to touch this area at a relatively high tap speed. In contrast, when the user is distracted due to road conditions, or the road conditions are poor (e.g., bumpy road), the user find it difficult to accurately touch a small region of the screen, and/or to do so at a relatively high tap rate. User interface soft buttons, including slider controls such as the volume control, adapt to the vehicle conditions as detected by sensors, system controller is coupled to one or more of a vehicle vibration sensor, a vehicle cornering sensor, and a vehicle speed sensor. System controller be coupled to a precipitation sensor and to an ambient external temperature sensor. While other sensors may be used to sense other vehicle conditions, the inventors have found that the above-identified sensors, or some subset thereof, are adequate to use to adapt the vehicle interface to changing conditions; which corresponds to when the user is distracted due to road conditions, or the road conditions are poor (e.g., bumpy road), the user find it difficult to accurately touch a small region of the screen ];
and processing for a display control unit that displays a first operator for adjusting a value related to content on the screen when in the first state, and displays a second operator for adjusting a value related to the content on the screen when in the second state [see para. 0060, 0067 and figures 3 and 10; user interface soft buttons, including slider controls such as the volume control, adapt to the vehicle conditions as detected by sensors. More particularly, system controller is coupled to one or more of a vehicle vibration sensor, a vehicle cornering sensor and a vehicle speed sensor. System controller also be coupled to a precipitation sensor and to an ambient external temperature sensor. While other sensors used to sense other vehicle conditions, or some subset thereof, are adequate to use to adapt the vehicle interface to changing conditions; which corresponds to adjusting a value related to content on the screen and user interface soft buttons, including slider controls such as the volume control, adapt to the vehicle conditions as detected by sensors];
wherein the first operator is an operator capable of adjusting a value related to the content [see para. 0042 and figure 3; Soft buttons used to provide the user with access to general display control settings. Alternately, soft buttons configured to provide the user with rapid access to frequently used interface functions, for example, direct access to specific subsystems (e.g., general set-up, climate control subsystem, audio subsystem, mobile/cell phone interface, navigation subsystem, drive train monitoring interface, battery charging subsystem interface, web browser, back-up and/or forward view camera, etc.); which corresponds to adjust subsystem functions such as audio volume in response to touch]; however, Small fails to explicitly teach a first value unit according to the touch operation and the second operator is an operator capable of adjusting a value related to the content in a second value unit larger than the first value in accordance with the touch operation.
Khafagy discloses a first value unit according to the touch operation and the second operator is an operator capable of adjusting a value related to the content in a second value unit larger than the first value in accordance with the touch operation [see abstract and para. 0017; a first button at a button location, in response to the vehicle speed being greater than or equal to the threshold, a second button at the button location. The display presents a first button at a button location of an interface in response to the vehicle being less than the threshold speed and presents a second button at the button location of the interface in response to the vehicle being greater than or equal to the threshold speed. That is, the display presents the first button or the second button at the button location of the menu based on the speed of the vehicle. The first button is associated with a first vehicle feature, and the second button is associated with a second vehicle feature. For example, the first button associated with a start-stop engine system or any other vehicle feature that is utilized when the vehicle is stopped and/or moving slowly; which corresponds to a first value unit according to the touch operation and the second operator is an operator capable of adjusting a value related to the content in a second value unit larger than the first value].
It would have been obvious to one of an ordinary skill in the art, having the teachings of Small and Khafagy before the affective filing date of the claimed invention to modify, Small’s adaptive soft buttons for a vehicle user interface of Small to include a first button at a button location, in response to the vehicle speed being greater than or equal to the threshold, a second button at the button location, as taught by Khafagy.
One would have been motivated to make such a combination to improving the user's ability to successfully interact with the interface. Expanded touch-sensitive regions may be visible or transparent on the vehicle user interface which keeps gazing time short as necessary on the screen.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (See PTO-892).
Aoyama (US 2006/0178827) discloses a map display apparatus that displays a map includes: a display device; a touch panel disposed over a screen at the display device; and a control device that controls display at the display device with a signal input from the touch panel, and: the control device displays at the display device a map and a plurality of buttons used to adjust a scaling factor of the map, makes a decision as to whether or not the touch panel has been pressed at a position corresponding to one of the plurality of buttons, makes a decision as to whether or not a finger having pressed the touch panel has been moved to a specific position and displays, together with the map, a wide-area map at a scaling factor smaller than the scaling factor of the map if the finger having pressed the touch panel is judged to have been moved to the specific position.
A reference to specific paragraphs, columns, pages, or figures in a cited prior art reference is not limited to preferred embodiments or any specific examples. It is well settled that a prior art reference, in its entirety, must be considered for all that it expressly teaches and fairly suggests to one having ordinary skill in the art. Stated differently, a prior art disclosure reading on a limitation of Applicant's claim cannot be ignored on the ground that other embodiments disclosed were instead cited. Therefore, the Examiner's citation to a specific portion of a single prior art reference is not intended to exclusively dictate, but rather, to demonstrate an exemplary disclosure commensurate with the specific limitations being addressed. In re Heck, 699 F.2d 1331, 1332-33,216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006,1009, 158 USPQ 275, 277 (CCPA 1968)). In re: Upsher-Smith Labs. v. Pamlab, LLC, 412 F.3d 1319, 1323, 75 USPQ2d 1213, 1215 (Fed. Cir. 2005); In re Fritch, 972 F.2d 1260, 1264, 23 USPQ2d 1780, 1782 (Fed. Cir. 1992); Merck & Co. v. Biocraft Labs., Inc., 874 F.2d 804, 807, 10 USPQ2d 1843, 1846 (Fed. Cir. 1989); In re Fracalossi, 681 F.2d 792,794 n.1,215 USPQ 569, 570 n.1 (CCPA 1982); In re Lamberti, 545 F.2d 747, 750, 192 USPQ 278, 280 (CCPA 1976); In re Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAO H NGUYEN whose telephone number is (571)272-4053. The examiner can normally be reached on Mon-Fri 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kieu Vu can be reached on 571-272-4057. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAO H NGUYEN/Primary Examiner, Art Unit 2171
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