Prosecution Insights
Last updated: April 19, 2026
Application No. 18/970,973

PRESSURE SENSING DEVICE, 3D GESTURE CONTROL SYSTEM AND VEHICLE CONTROL SYSTEM

Final Rejection §103§112
Filed
Dec 06, 2024
Examiner
YABUT, DANIEL D
Art Unit
3617
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Pixart Imaging Inc.
OA Round
2 (Final)
56%
Grant Probability
Moderate
3-4
OA Rounds
3y 3m
To Grant
83%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allow Rate
473 granted / 842 resolved
+4.2% vs TC avg
Strong +27% interview lift
Without
With
+26.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
31 currently pending
Career history
873
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
43.6%
+3.6% vs TC avg
§102
31.4%
-8.6% vs TC avg
§112
21.8%
-18.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 842 resolved cases

Office Action

§103 §112
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 § 112 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. Claims 1-17 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 written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claims 1 and 12 recites “wherein a distance between a driving electrode and a sensing electrode of the capacitive pressure sensor layer does not change when the pressure sensing device receives a pressing.” Applicant’s remarks filed on 12/10/2025 cites paragraph [0027] of the instant specification reproduced below: “[0027] The capacitance of the first sensing electrode of the capacitive touch sensor layer TS changes if the user touches the steering wheel 100. Also, the capacitance of the second sensing electrode of the capacitive pressure sensor layer PS changes if the user presses (or clench) the steering wheel 100. For more details, in one embodiment, if the user's hand is away from the steering wheel for a long distance, the user's hand does not cause variation to the capacitance of the second sensing electrode of the capacitive pressure sensor layer PS. If a user presses or clenches the steering wheel 100, a distance between the user's hand and the capacitive pressure sensor layer PS changes, thus the capacitive pressure sensor layer PS may respond to the existence of the hand. After that, since the capacitive touch sensor layer TS has a specific voltage level (e.g., the above-mentioned second predetermined voltage level) and a distance between the capacitive touch sensor layer TS and the capacitive pressure sensor layer PS changes due to the flexible material layer FM: which exists between the capacitive touch sensor layer TS and the capacitive pressure sensor layer PS, the capacitance of the capacitive pressure sensor layer PS changes. Therefore, the processing circuit 107 can generate a control command according to whether the steering wheel is touched or pressed” (emphasis added). Nowhere does it disclose or suggest that a distance between “a driving electrode and a sensing electrode of the capacitive pressure sensor layer does not change when the pressure sensing device receives a pressing” as claimed. In addition, Applicant’s remarks filed on 12/10/2025 cites paragraph [0036] of the instant specification reproduced below: “[0036] The configurations of the first sensing electrode, the first driving electrode, the second sensing electrode and the second driving electrode in above-mentioned embodiments can be changed corresponding to different requirements. FIG.7 and FIG.8 are schematic diagrams illustrating the configurations of the electrodes of the capacitive pressure sensor layer PS and the capacitive touch sensor layer TS, according to different embodiments of the present invention. The electrodes in the embodiments of FIG.7 and FIG.8 are both self-capacitance structures. In such case, the above-mentioned first driving electrode and the first sensing electrode are the same electrode, and the above-mentioned second driving electrode and the second sensing electrode are the same electrode. Also, the electrodes in the embodiment of FIG.7 are classified into four electrode regions R1a, R2a, R3a and R4a. Besides, the electrodes in the embodiment of FIG.8 are classified into eight electrode regions R1, R2, R3, R4, R5, R6, R7 and R8. Via the plurality of electrode regions, the movement of the user’s hand on the steering wheel 100 can be sensed. Please note, the configurations of the electrodes are not limited to the embodiments illustrated in FIG.7 and FIG.8. The above-mentioned electrode regions R1a, R2a, R3a, R4a, R1, R2, R3, R4, R5 can also be regarded as sensing regions.” Nowhere does it disclose or suggest that “a distance between a driving electrode and a sensing electrode of the capacitive pressure sensor layer does not change when the pressure sensing device receives a pressing” as claimed. For example, the embodiment in which the “driving electrode” and the “sensing electrode” are the same electrode would not apply to the aforementioned claim limitation because in such a case there would be no “distance” therebetween due to them being the same electrode. As such, claims 1-3 and 12-17 contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 4 recites “wherein a distance between a driving electrode and a sensing electrode of the capacitive pressure sensor layer does not change when the 3D gesture control system receives a pressing.” Applicant’s remarks filed on 12/10/2025 cites paragraph [0027] of the instant specification reproduced below: “[0027] The capacitance of the first sensing electrode of the capacitive touch sensor layer TS changes if the user touches the steering wheel 100. Also, the capacitance of the second sensing electrode of the capacitive pressure sensor layer PS changes if the user presses (or clench) the steering wheel 100. For more details, in one embodiment, if the user's hand is away from the steering wheel for a long distance, the user's hand does not cause variation to the capacitance of the second sensing electrode of the capacitive pressure sensor layer PS. If a user presses or clenches the steering wheel 100, a distance between the user's hand and the capacitive pressure sensor layer PS changes, thus the capacitive pressure sensor layer PS may respond to the existence of the hand. After that, since the capacitive touch sensor layer TS has a specific voltage level (e.g., the above-mentioned second predetermined voltage level) and a distance between the capacitive touch sensor layer TS and the capacitive pressure sensor layer PS changes due to the flexible material layer FM: which exists between the capacitive touch sensor layer TS and the capacitive pressure sensor layer PS, the capacitance of the capacitive pressure sensor layer PS changes. Therefore, the processing circuit 107 can generate a control command according to whether the steering wheel is touched or pressed” (emphasis added). Nowhere does it disclose or suggest that a distance between “a driving electrode and a sensing electrode of the capacitive pressure sensor layer does not change when the pressure sensing device receives a pressing” as claimed. In addition, Applicant’s remarks filed on 12/10/2025 cites paragraph [0036] of the instant specification reproduced below: “[0036] The configurations of the first sensing electrode, the first driving electrode, the second sensing electrode and the second driving electrode in above-mentioned embodiments can be changed corresponding to different requirements. FIG.7 and FIG.8 are schematic diagrams illustrating the configurations of the electrodes of the capacitive pressure sensor layer PS and the capacitive touch sensor layer TS, according to different embodiments of the present invention. The electrodes in the embodiments of FIG.7 and FIG.8 are both self-capacitance structures. In such case, the above-mentioned first driving electrode and the first sensing electrode are the same electrode, and the above-mentioned second driving electrode and the second sensing electrode are the same electrode. Also, the electrodes in the embodiment of FIG.7 are classified into four electrode regions R1a, R2a, R3a and R4a. Besides, the electrodes in the embodiment of FIG.8 are classified into eight electrode regions R1, R2, R3, R4, R5, R6, R7 and R8. Via the plurality of electrode regions, the movement of the user’s hand on the steering wheel 100 can be sensed. Please note, the configurations of the electrodes are not limited to the embodiments illustrated in FIG.7 and FIG.8. The above-mentioned electrode regions R1a, R2a, R3a, R4a, R1, R2, R3, R4, R5 can also be regarded as sensing regions.” Nowhere does it disclose or suggest that “a distance between a driving electrode and a sensing electrode of the capacitive pressure sensor layer does not change when the pressure sensing device receives a pressing” as claimed. For example, the embodiment in which the “driving electrode” and the “sensing electrode” are the same electrode would not apply to the aforementioned claim limitation because in such a case there would be no “distance” therebetween due to them being the same electrode. As such, claims 4-11 contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. 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. Claims 1-8, 10, and 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. P.G. Publication No. 2021/0152175 A1 (“US ‘175”). US ‘175 discloses: Regarding claim 1: A pressure sensing device (10), comprising: a frame work (¶ [0098], “At the core of the steering wheel 102 below the second compliant dielectric layer 24 is a core conductive material . . . that forms the fourth electrode 26”; core of steering wheel is depicted in at least FIG. 20-24); a capacitive pressure sensor layer surrounding the framework (22, 26; FIG. 20 depicts layer 22 located around the steering wheel; ¶ [0096], “The sensor electrodes 12, 14, 22 and 26 may extend the entire circumference of the steering wheel 102”) comprising only one sensing region for sensing pressures (¶ [0096], “The sensor electrodes 12, 14, 22 and 26 may extend the entire circumference of the steering wheel 102” i.e. the entire circumference is a unitary region i.e. only one region), a capacitive touch sensor layer (12, 14) comprising a plurality of sensing regions for sensing touches (¶ [0096], “As such, the four electrodes 12, 14, 22 and 26 are located on the steering wheel 102 on the front side for detecting touch and push force and on the back side for detecting a pull force”) comprising a plurality of sensing regions for sensing touches (¶ [0096], “The sensor electrodes 12, 14, 22 and 26 may extend the entire circumference of the steering wheel 102 or may be located at discrete locations around the circumference of the steering wheel 102” i.e. discrete locations equating to a plurality of sensing regions for sensing touches ); and a flexible material layer (20, 24; ¶ [0066], “The first compliant dielectric layer 20 has a relatively soft material that is compliant and deformable when pressure, which is force applied over area, is applied”; ¶ [0068], “compliant dielectric layer 24” the term “compliant” meaning flexible), located between the pressure sensor layer and the touch sensor layer (FIG. 20 depicts layer portion 20 being radially between layer 12, 14 and layer 24, 26) and surrounding the capacitive pressure sensor layer (FIG. 20 depicts the layer portion 20 radially surrounding layer 24, 26); wherein the capacitive touch sensor layer is above the flexible material layer (FIG. 20 depicts layer 12, 14 as radially above the flex layer portion 20) when the capacitive pressure sensor layer is below the flexible material layer (FIG. 20 depicts layer 24, 26 radially underneath the flex layer 20); wherein the capacitive touch sensor layer is coupled to a first predetermined voltage level (sensor mode 4; ¶ [0075], “the first and second electrodes 12 and 14 are electrically shorted together via switch 46 and grounded”) while the capacitive pressure sensor layer performing a sensing operation for sensing the pressures (¶ [0075], “the drive signal X is applied to the fourth electrode 26 and the receive signal Y is received by the third electrode 22. The arrangement forms a mutual capacitive fourth sensor. In this sensor mode, movement of the third electrode 22 relative to the fourth electrode 26 is detected as the second compliant dielectric layer 24 is compressed due to force or pressure applied to the top front surface of the cover 30 so as to detect the amount of force or pressure applied thereto”); and wherein the capacitive pressure sensor layer is coupled to a voltage level (¶ 72 describes sensor mode 1 such that the second driving electrode 26 is grounded and the second sensing electrode 22 is open circuited “so as to form a conductive shield”) while the capacitive touch sensor layer performing a sensing operation for sensing the touches (sensor mode 1 described in ¶ [0072], “the proximity sensor assembly 10 is configured according to a first sensor mode in which the first and second electrodes 12 and 14 form a mutual capacitance with each other [i.e. electrode 12 receives driving signal and electrode 14 provides sensing signal] to serve as a first sensor that may be used to sense touch or close proximity of a user at or near the top front surface of cover 30”); wherein a distance between a driving electrode (22) and a sensing electrode (26) when the pressure sensing device receives a pressing (the “pressing” as claimed corresponds to the “first pressure” as described in ¶ 69, “As such, pressure or force may be sensed by detecting movement of the pair of at least a portion of the first and second electrodes 12 and 14 towards the third electrode 22 due to a first pressure or force and further may detect movement of the third electrode 22 relative to the fourth electrode 26 due to a greater amount of pressure or force”; when the “first pressure” is applied, the electrodes 22 and 26 are stationary i.e. the distance therebetween does not change). Although paragraph [0072] in US ‘175 describes sensor mode 1 such that the second driving electrode 26 is grounded and the second sensing electrode 22 is open circuited “so as to form a conductive shield,” it does not expressly disclose that the sensing electrode 22 is grounded to form the shield i.e. that both the second driving electrode and second sensing electrode are coupled to a second predetermined voltage level (ground) i.e. that the capacitive pressure sensor layer is coupled to a second predetermined voltage level (ground) to form a shield. Paragraph [0067] teaches that the second sensing electrode 22, when operated as a shield, “may be open circuited such that there is no applied voltage or may be driven to a desired voltage, according to various embodiments.” Furthermore, paragraphs [0075] and [0081] describe a sensor mode 4 in which electrodes 12 and 14 are both grounded in order to collectively form a shield (¶ [0075], “electrodes 12 and 14 are electrically shorted together via switch 46 and grounded”; ¶ [0081], “electrically short circuiting the first and second electrodes together, setting the combined first and second electrodes as a shield”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, sensor mode 1 as described in paragraph [0072] in US ‘175 such that the sensing electrode 22 is grounded to form the shield i.e. that both the second driving electrode and second sensing electrode are coupled to a second predetermined voltage level (ground) to form a shield i.e. that the capacitive pressure sensor layer is coupled to a second predetermined voltage level (ground) to form a shield, as taught/suggested/motivated by paragraphs [0067], [0075] and [0081], in order to collectively form a shield. The Supreme Court in KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) identified that the use of a known technique to improve similar devices in the same way is a rationale that supports a conclusion of obviousness. See MPEP § 2143. Here, using the shielding technique of sensor mode 4 to improve the shielding in sensor mode 1 is a rationale that supports a conclusion of obviousness. As such, the limitation does not amount to a patentable difference. US ‘175 as modified above further teaches the following: Regarding claim 2: The pressure sensing device of claim 1, further comprising a ground layer (22; ¶ [0067], “the third electrode 22 may be open circuited to operate as a shield for the first and second electrodes 12 and 14 located thereabove or the third electrode 22 located therebelow. When operated as a shield [i.e. ground layer], the third electrode 22 may be open circuited such that there is no applied voltage applied or may be driven to a desired voltage, according to various embodiments”; electrode 22 inherently must be grounded in order to be driven to a desired voltage), wherein the ground layer is surrounding the flexible material layer and the capacitive touch sensor layer is surrounding the ground layer (FIG. 20 depicts layer 22 surrounding flexible layer portion 24). Regarding claim 3: The pressure sensing device of claim l, further comprising a ground layer (22; ¶ [0067], “the third electrode 22 may be open circuited to operate as a shield for the first and second electrodes 12 and 14 located thereabove or the third electrode 22 located therebelow. When operated as a shield [i.e. ground layer], the third electrode 22 may be open circuited such that there is no applied voltage applied or may be driven to a desired voltage, according to various embodiments”; electrode 22 inherently must be grounded in order to be driven to a desired voltage) located between the capacitive pressure sensor layer and the capacitive touch sensor layer (FIG. 20 depicts a top portion of pressure layer 22 located between a left portion pressure layer 22 and top touch sensor layer 12, 14). Regarding claim 4: A 3D gesture control system (10), comprising: a frame work (¶ [0098], “At the core of the steering wheel 102 below the second compliant dielectric layer 24 is a core conductive material . . . that forms the fourth electrode 26”; core of steering wheel is depicted in at least FIG. 20-24); a capacitive pressure sensor layer surrounding the framework (22, 26; FIG. 20 depicts layer 22 located around the steering wheel; ¶ [0096], “The sensor electrodes 12, 14, 22 and 26 may extend the entire circumference of the steering wheel 102”), configured to generate a pressure sensor signal (¶ [0075], “the drive signal X is applied to the fourth electrode 26 and the receive signal Y is received by the third electrode 22. The arrangement forms a mutual capacitive fourth sensor. In this sensor mode, movement of the third electrode 22 relative to the fourth electrode 26 is detected as the second compliant dielectric layer 24 is compressed due to force or pressure applied to the top front surface of the cover 30 so as to detect the amount of force or pressure applied thereto”), comprising only one sensing region for sensing pressures (¶ [0096], “The sensor electrodes 12, 14, 22 and 26 may extend the entire circumference of the steering wheel 102” i.e. the entire circumference is a unitary region i.e. only one region), a capacitive touch sensor layer (12, 14), configured to generate a touch sensing signal (sensor mode 1 described in ¶ [0072], “the proximity sensor assembly 10 is configured according to a first sensor mode in which the first and second electrodes 12 and 14 form a mutual capacitance with each other [i.e. electrode 12 receives driving signal and electrode 14 provides sensing signal] to serve as a first sensor that may be used to sense touch or close proximity of a user at or near the top front surface of cover 30”), comprising a plurality of sensing regions for sensing touches (¶ [0096], “As such, the four electrodes 12, 14, 22 and 26 are located on the steering wheel 102 on the front side for detecting touch and push force and on the back side for detecting a pull force”) comprising a plurality of sensing regions for sensing touches (¶ [0096], “The sensor electrodes 12, 14, 22 and 26 may extend the entire circumference of the steering wheel 102 or may be located at discrete locations around the circumference of the steering wheel 102” i.e. discrete locations equating to a plurality of sensing regions for sensing touches); and a flexible material layer (20, 24; ¶ [0066], “The first compliant dielectric layer 20 has a relatively soft material that is compliant and deformable when pressure, which is force applied over area, is applied”; ¶ [0068], “compliant dielectric layer 24” the term “compliant” meaning flexible), located between the pressure sensor layer and the touch sensor layer (FIG. 20 depicts layer portion 20 being radially between layer 12, 14 and layer 24, 26) and surrounding the capacitive pressure sensor layer (FIG. 20 depicts the layer portion 20 radially surrounding layer 24, 26); processing circuit (40), configured to generate a control command (¶ [0095]) according to at least one of the touch sensing signal (¶ [0071]) and pressure sensing signal (¶ [0074]-[0075]); wherein the capacitive touch sensor layer is above the flexible material layer (FIG. 20 depicts layer 12, 14 as radially above the flex layer portion 20) when the capacitive pressure sensor layer is below the flexible material layer (FIG. 20 depicts layer 24, 26 radially underneath the flex layer 20); wherein the capacitive touch sensor layer is coupled to a first predetermined voltage level (sensor mode 4; ¶ [0075], “the first and second electrodes 12 and 14 are electrically shorted together via switch 46 and grounded”) while the capacitive pressure sensor layer performing a sensing operation for sensing the pressures (¶ [0075], “the drive signal X is applied to the fourth electrode 26 and the receive signal Y is received by the third electrode 22. The arrangement forms a mutual capacitive fourth sensor. In this sensor mode, movement of the third electrode 22 relative to the fourth electrode 26 is detected as the second compliant dielectric layer 24 is compressed due to force or pressure applied to the top front surface of the cover 30 so as to detect the amount of force or pressure applied thereto”); and wherein the capacitive pressure sensor layer is coupled to voltage levels (¶ 72 describes sensor mode 1 such that the second driving electrode 26 is grounded and the second sensing electrode 22 is open circuited “so as to form a conductive shield”) while the capacitive touch sensor layer performing a sensing operation for sensing the touches (sensor mode 1 described in ¶ [0072], “the proximity sensor assembly 10 is configured according to a first sensor mode in which the first and second electrodes 12 and 14 form a mutual capacitance with each other [i.e. electrode 12 receives driving signal and electrode 14 provides sensing signal] to serve as a first sensor that may be used to sense touch or close proximity of a user at or near the top front surface of cover 30”); wherein a distance between a driving electrode (22) and a sensing electrode (26) when the 3D gesture control system receives a pressing (the “pressing” as claimed corresponds to the “first pressure” as described in ¶ 69, “As such, pressure or force may be sensed by detecting movement of the pair of at least a portion of the first and second electrodes 12 and 14 towards the third electrode 22 due to a first pressure or force and further may detect movement of the third electrode 22 relative to the fourth electrode 26 due to a greater amount of pressure or force”; when the “first pressure” is applied, the electrodes 22 and 26 are stationary i.e. the distance therebetween does not change). Although paragraph [0072] in US ‘175 describes sensor mode 1 such that the second driving electrode 26 is grounded and the second sensing electrode 22 is open circuited “so as to form a conductive shield,” it does not expressly disclose that the sensing electrode 22 is grounded to form the shield i.e. that both the second driving electrode and second sensing electrode are coupled to a second predetermined voltage level (ground) i.e. that the capacitive pressure sensor layer is coupled to a second predetermined voltage level (ground) to form a shield. Paragraph [0067] teaches that the second sensing electrode 22, when operated as a shield, “may be open circuited such that there is no applied voltage or may be driven to a desired voltage, according to various embodiments.” Furthermore, paragraphs [0075] and [0081] describe a sensor mode 4 in which electrodes 12 and 14 are both grounded in order to collectively form a shield (¶ [0075], “electrodes 12 and 14 are electrically shorted together via switch 46 and grounded”; ¶ [0081], “electrically short circuiting the first and second electrodes together, setting the combined first and second electrodes as a shield”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, sensor mode 1 as described in paragraph [0072] in US ‘175 such that the sensing electrode 22 is grounded to form the shield i.e. that both the second driving electrode and second sensing electrode are coupled to a second predetermined voltage level (ground) to form a shield i.e. that the capacitive pressure sensor layer is coupled to a second predetermined voltage level (ground) to form a shield, as taught/suggested/motivated by paragraphs [0067], [0075] and [0081], in order to collectively form a shield. The Supreme Court in KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) identified that the use of a known technique to improve similar devices in the same way is a rationale that supports a conclusion of obviousness. See MPEP § 2143. Here, using the shielding technique of sensor mode 4 to improve the shielding in sensor mode 1 is a rationale that supports a conclusion of obviousness. As such, the limitation does not amount to a patentable difference. US ‘175 further teaches the following: Regarding claim 5: The 3D gesture control system of claim 4, further comprising a ground layer (22; ¶ [0067], “the third electrode 22 may be open circuited to operate as a shield for the first and second electrodes 12 and 14 located thereabove or the third electrode 22 located therebelow. When operated as a shield [i.e. ground layer], the third electrode 22 may be open circuited such that there is no applied voltage applied or may be driven to a desired voltage, according to various embodiments”; electrode 22 inherently must be grounded in order to be driven to a desired voltage), wherein the ground layer is surrounding the flexible material layer and the capacitive touch sensor layer is surrounding the ground layer (FIG. 20 depicts layer 22 surrounding flexible layer portion 24). Regarding claim 6: The 3D gesture control system of claim 4, further comprising a ground layer (22; ¶ [0067], “the third electrode 22 may be open circuited to operate as a shield for the first and second electrodes 12 and 14 located thereabove or the third electrode 22 located therebelow. When operated as a shield [i.e. ground layer], the third electrode 22 may be open circuited such that there is no applied voltage applied or may be driven to a desired voltage, according to various embodiments”; electrode 22 inherently must be grounded in order to be driven to a desired voltage) located between the capacitive pressure sensor layer and the capacitive touch sensor layer (FIG. 20 depicts layer 22 surrounding flexible layer portion 24). Regarding claim 7: The 3D gesture control system of claim 4, wherein the 3D gesture control system is a vehicle control system (¶ [0002], “Proximity sensors and switches, such as capacitive sensors and switches, have been employed for use on vehicles for operating devices such as interior map and dome lighting, moonroofs, and various other devices.”), wherein the processing circuit generates the control command according to at least one of following parameters: a location at which a hand presses the vehicle control system, a location at which the hand touches the vehicle control system, a time interval during which the hand presses the vehicle control system, a time interval during which the hand touches the vehicle control system, a moving direction of the hand on the vehicle control system, and a pressure level that the hand provides to the vehicle control system (¶ [0096], “the capacitive proximity sensor assembly 10 configured according to the first embodiment is assembled into the various layers of the steering wheel 102 at locations where a driver input such as a touch, a first light push force, a second greater push force, a first light pull force or a second greater pull force can be detected as a user command input to perform a desired function such as to move the steering wheel from a driver use position to a stowed position or move the steering wheel from a use position to a horizontal tray position or move the steering wheel back to the driver use position.”). Regarding claim 8: The 3D gesture control system of claim 7, comprising a vehicle control device (¶ [0002], “Proximity sensors and switches, such as capacitive sensors and switches, have been employed for use on vehicles for operating devices such as interior map and dome lighting, moonroofs, and various other devices.”; ¶ [0095], “steering wheel to sense inputs applied to the steering wheel to control various vehicle features, such as to command stowage of a steering wheel in an autonomous vehicle operation to a stowed non-use position, or movement of the steering wheel into an alternate orientation such as a tray table, for example, or to return the steering wheel to a steering use position. In another example, the capacitive proximity sensor assembly may be employed in one or more vehicle seats to sense inputs applied to control various features related to the vehicle, such as to adjust seat position and orientation, and other vehicle seat controls. According to a further example, the capacitive sensor assembly may be employed on vehicle floor mats for sensing input commands via movement of an occupant's foot or feet which may be used to control opening and closing of a door and/or movement of driving pedals such as the brake pedal and acceleration pedal between use and stowed positions”) comprising the frame work, the capacitive pressure sensor layer, the capacitive touch sensor layer, and the flexible material layer (¶ [0012], “the proximity sensor assembly is located on a steering wheel of the vehicle”). Regarding claim 10: The 3D gesture control system of claim 4, wherein the capacitive touch sensor layer and the capacitive pressure sensor layer are provided in a combination layer (layer 12, 14 and layer 22, 26 work in combination with each other as seen in FIG. 6-9 and as described in ¶ [0072]-[0075]) and are therefore functionally provided in or as a “combination” layer). Regarding claim 12: A vehicle control system for a vehicle (100; FIG. 19; ¶ [0002]), comprising: a vehicle control device (102; FIG. 19-20; ¶ [0002]), comprising: a frame work (¶ [0098], “At the core of the steering wheel 102 below the second compliant dielectric layer 24 is a core conductive material . . . that forms the fourth electrode 26”; core of steering wheel is depicted in at least FIG. 20-24); a capacitive pressure sensor layer surrounding the framework (22, 26; FIG. 20 depicts layer 22 located around the steering wheel; ¶ [0096], “The sensor electrodes 12, 14, 22 and 26 may extend the entire circumference of the steering wheel 102”), configured to generate a pressure sensor signal (¶ [0075], “the drive signal X is applied to the fourth electrode 26 and the receive signal Y is received by the third electrode 22. The arrangement forms a mutual capacitive fourth sensor. In this sensor mode, movement of the third electrode 22 relative to the fourth electrode 26 is detected as the second compliant dielectric layer 24 is compressed due to force or pressure applied to the top front surface of the cover 30 so as to detect the amount of force or pressure applied thereto”), comprising only one sensing region for sensing pressures (¶ [0096], “The sensor electrodes 12, 14, 22 and 26 may extend the entire circumference of the steering wheel 102” i.e. the entire circumference is a unitary region i.e. only one region), a capacitive touch sensor layer (12, 14), configured to generate a touch sensing signal (sensor mode 1 described in ¶ [0072], “the proximity sensor assembly 10 is configured according to a first sensor mode in which the first and second electrodes 12 and 14 form a mutual capacitance with each other [i.e. electrode 12 receives driving signal and electrode 14 provides sensing signal] to serve as a first sensor that may be used to sense touch or close proximity of a user at or near the top front surface of cover 30”), comprising a plurality of sensing regions for sensing touches (¶ [0096], “As such, the four electrodes 12, 14, 22 and 26 are located on the steering wheel 102 on the front side for detecting touch and push force and on the back side for detecting a pull force”) comprising a plurality of sensing regions for sensing touches (¶ [0096], “The sensor electrodes 12, 14, 22 and 26 may extend the entire circumference of the steering wheel 102 or may be located at discrete locations around the circumference of the steering wheel 102” i.e. discrete locations equating to a plurality of sensing regions for sensing touches); and a flexible material layer (20, 24; ¶ [0066], “The first compliant dielectric layer 20 has a relatively soft material that is compliant and deformable when pressure, which is force applied over area, is applied”; ¶ [0068], “compliant dielectric layer 24” the term “compliant” meaning flexible), located between the pressure sensor layer and the touch sensor layer (FIG. 20 depicts layer portion 20 being radially between layer 12, 14 and layer 24, 26) and surrounding the capacitive pressure sensor layer (FIG. 20 depicts the layer portion 20 radially surrounding layer 24, 26); processing circuit (40), configured to generate a control command (¶ [0095]) according to at least one of the touch sensing signal (¶ [0071]) and pressure sensing signal (¶ [0074]-[0075]); wherein the control command is applied for controlling a device of a vehicle comprising the vehicle control system (¶ [0002], “Proximity sensors and switches, such as capacitive sensors and switches, have been employed for use on vehicles for operating devices such as interior map and dome lighting, moonroofs, and various other devices.”; ¶ [0095], “steering wheel to sense inputs applied to the steering wheel to control various vehicle features, such as to command stowage of a steering wheel in an autonomous vehicle operation to a stowed non-use position, or movement of the steering wheel into an alternate orientation such as a tray table, for example, or to return the steering wheel to a steering use position. In another example, the capacitive proximity sensor assembly may be employed in one or more vehicle seats to sense inputs applied to control various features related to the vehicle, such as to adjust seat position and orientation, and other vehicle seat controls. According to a further example, the capacitive sensor assembly may be employed on vehicle floor mats for sensing input commands via movement of an occupant's foot or feet which may be used to control opening and closing of a door and/or movement of driving pedals such as the brake pedal and acceleration pedal between use and stowed positions”). wherein the capacitive touch sensor layer is above the flexible material layer (FIG. 20 depicts layer 12, 14 as radially above the flex layer portion 20) when the capacitive pressure sensor layer is below the flexible material layer (FIG. 20 depicts layer 24, 26 radially underneath the flex layer 20); wherein the capacitive touch sensor layer is coupled to a first predetermined voltage level (sensor mode 4; ¶ [0075], “the first and second electrodes 12 and 14 are electrically shorted together via switch 46 and grounded”) while the capacitive pressure sensor layer performing a sensing operation for sensing the pressures (¶ [0075], “the drive signal X is applied to the fourth electrode 26 and the receive signal Y is received by the third electrode 22. The arrangement forms a mutual capacitive fourth sensor. In this sensor mode, movement of the third electrode 22 relative to the fourth electrode 26 is detected as the second compliant dielectric layer 24 is compressed due to force or pressure applied to the top front surface of the cover 30 so as to detect the amount of force or pressure applied thereto”); and wherein the capacitive pressure sensor layer is coupled to voltage levels (¶ 72 describes sensor mode 1 such that the second driving electrode 26 is grounded and the second sensing electrode 22 is open circuited “so as to form a conductive shield”) while the capacitive touch sensor layer performing a sensing operation for sensing the touches (sensor mode 1 described in ¶ [0072], “the proximity sensor assembly 10 is configured according to a first sensor mode in which the first and second electrodes 12 and 14 form a mutual capacitance with each other [i.e. electrode 12 receives driving signal and electrode 14 provides sensing signal] to serve as a first sensor that may be used to sense touch or close proximity of a user at or near the top front surface of cover 30”); wherein a distance between a driving electrode (22) and a sensing electrode (26) when the pressure sensing device receives a pressing (the “pressing” as claimed corresponds to the “first pressure” as described in ¶ 69, “As such, pressure or force may be sensed by detecting movement of the pair of at least a portion of the first and second electrodes 12 and 14 towards the third electrode 22 due to a first pressure or force and further may detect movement of the third electrode 22 relative to the fourth electrode 26 due to a greater amount of pressure or force”; when the “first pressure” is applied, the electrodes 22 and 26 are stationary i.e. the distance therebetween does not change). Although paragraph [0072] in US ‘175 describes sensor mode 1 such that the second driving electrode 26 is grounded and the second sensing electrode 22 is open circuited “so as to form a conductive shield,” it does not expressly disclose that the sensing electrode 22 is grounded to form the shield i.e. that both the second driving electrode and second sensing electrode are coupled to a second predetermined voltage level (ground) i.e. that the capacitive pressure sensor layer is coupled to a second predetermined voltage level (ground) to form a shield. Paragraph [0067] teaches that the second sensing electrode 22, when operated as a shield, “may be open circuited such that there is no applied voltage or may be driven to a desired voltage, according to various embodiments.” Furthermore, paragraphs [0075] and [0081] describe a sensor mode 4 in which electrodes 12 and 14 are both grounded in order to collectively form a shield (¶ [0075], “electrodes 12 and 14 are electrically shorted together via switch 46 and grounded”; ¶ [0081], “electrically short circuiting the first and second electrodes together, setting the combined first and second electrodes as a shield”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, sensor mode 1 as described in paragraph [0072] in US ‘175 such that the sensing electrode 22 is grounded to form the shield i.e. that both the second driving electrode and second sensing electrode are coupled to a second predetermined voltage level (ground) to form a shield i.e. that the capacitive pressure sensor layer is coupled to a second predetermined voltage level (ground) to form a shield, as taught/suggested/motivated by paragraphs [0067], [0075] and [0081], in order to collectively form a shield. The Supreme Court in KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) identified that the use of a known technique to improve similar devices in the same way is a rationale that supports a conclusion of obviousness. See MPEP § 2143. Here, using the shielding technique of sensor mode 4 to improve the shielding in sensor mode 1 is a rationale that supports a conclusion of obviousness. As such, the limitation does not amount to a patentable difference. US ‘175 further teaches the following: Regarding claim 13: The vehicle control system of claim 12, wherein the vehicle control device further comprises a ground layer (22; ¶ [0067], “the third electrode 22 may be open circuited to operate as a shield for the first and second electrodes 12 and 14 located thereabove or the third electrode 22 located therebelow. When operated as a shield [i.e. ground layer], the third electrode 22 may be open circuited such that there is no applied voltage applied or may be driven to a desired voltage, according to various embodiments”; electrode 22 inherently must be grounded in order to be driven to a desired voltage), wherein the ground layer is surrounding the flexible material layer and the capacitive touch sensor layer is surrounding the ground layer (FIG. 20 depicts layer 22 surrounding flexible layer portion 24). Regarding claim 14: The vehicle control system of claim 12, wherein the vehicle control device further comprises a ground layer (22; ¶ [0067], “the third electrode 22 may be open circuited to operate as a shield for the first and second electrodes 12 and 14 located thereabove or the third electrode 22 located therebelow. When operated as a shield [i.e. ground layer], the third electrode 22 may be open circuited such that there is no applied voltage applied or may be driven to a desired voltage, according to various embodiments”; electrode 22 inherently must be grounded in order to be driven to a desired voltage) located between the capacitive pressure sensor layer and the capacitive touch sensor layer (FIG. 20 depicts layer 22 surrounding flexible layer portion 24). Regarding claim 15: The vehicle control system of claim 12, wherein the processing circuit generates the control command according to at least one of following parameters: a location at which a hand presses the vehicle control system, a location at which the hand touches the vehicle control system, a time interval during which the hand presses the vehicle control system, a time interval during which the hand touches the vehicle control system, a moving direction of the hand on the vehicle control system, and a pressure level that the hand provides to the vehicle control system (¶ [0096], “the capacitive proximity sensor assembly 10 configured according to the first embodiment is assembled into the various layers of the steering wheel 102 at locations where a driver input such as a touch, a first light push force, a second greater push force, a first light pull force or a second greater pull force can be detected as a user command input to perform a desired function such as to move the steering wheel from a driver use position to a stowed position or move the steering wheel from a use position to a horizontal tray position or move the steering wheel back to the driver use position.”). Regarding claim 16: The vehicle control system of claim 12, wherein the capacitive touch sensor layer and the capacitive pressure sensor layer are provided in a combination layer (layer 12, 14 and layer 22, 26 work in combination with each other as seen in FIG. 6-9 and as described in ¶ [0072]-[0075]) and are therefore functionally provided in or as a “combination” layer). Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US ‘175 in view of U.S. P.G. Publication No. 2014/0156107 A1 (“US ‘107”). US ‘175 discloses the limitations of claim 7, see above, and further including that the processing circuit may generate a control command according to various vehicle control devices without particular limitation (¶ [0095]). However, US ‘175 does not expressly disclose that the processing circuit generates a control command according to a gear of a vehicle comprising the vehicle control device. US ‘107 teaches that a processing circuit generates a control command according to a gear of a vehicle comprising the vehicle control device (¶ [0217], “the operation for controlling the operation target device is invalid when the vehicle is in the particular state such as a right turn, a left turn, a turn at a corner and a reverse movement, so that the input operation is not performed on the touch sensor 21 during the particular state” the “reverse movement” corresponding to a “REVERSE” gear) as a safety precaution (¶ [0217], “contributes to an increase in safety”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, US ‘175 such that the processing circuit generates a control command according to a gear of a vehicle comprising the vehicle control device, as taught by US ‘107, as a safety precaution. Claim(s) 11 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US ‘175 in view of U.S. P.G. Publication No. 2022/0073122 A1 (“US ‘122”). US ‘175 discloses all the limitations of claims 4 and 12, see above, but does not expressly disclose a heating layer, configured to heat the vehicle control system; wherein the vehicle control system also serves as a ground layer of the 3D gesture control system. US ‘122 teaches a heating layer (142; ¶ [0059], “generate heat across the first electrode 142 to operate as a heater”) configured to heat a vehicle control system (¶ [0059], “generate heat across the first electrode 142 to operate as a heater”); wherein the heating layer/vehicle control system also serves as a ground layer of the 3D gesture control system (¶ [0059], “when the first switch SW1 and fourth switch SW4 are in the closed positions for the heater operation, the electrical voltage V is applied across the first electrode 142 from the first connecting line 144 across fingers 148 to the second connecting line 146 and to ground to cause electric current to flow therethrough and generate heat across the first electrode 142 to operate as a heater”) as a particular means to heat a steering wheel with reduced energy consumption (¶ [0002]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, to incorporate a heating layer, configured to heat the vehicle control system; wherein the vehicle control system also serves as a ground layer of the 3D gesture control system, as taught by US ‘122, as a particular means to heat a steering wheel with reduced energy. Response to Arguments Applicant’s amendments to the claims filed 12/10/2025 have been fully considered and have required a new grounds of rejection is made in view of 35 USC 112(a), as described supra. Applicant’s remaining arguments have been fully considered but are not deemed as persuasive. Applicant argues that US ‘175 does not disclose wherein a distance between a driving electrode (22) and a sensing electrode (26) when the pressure sensing device receives a pressing but rather that they move on account of compressible material 24 being pressed in during said “pressing.” Remarks at 9-10. In response, the “pressing” as claimed corresponds to the “first pressure” as described in ¶ 69 which recites: “As such, pressure or force may be sensed by detecting movement of the pair of at least a portion of the first and second electrodes 12 and 14 towards the third electrode 22 due to a first pressure or force and further may detect movement of the third electrode 22 relative to the fourth electrode 26 due to a greater amount of pressure or force.” When the “first pressure” is applied, the electrodes 22 and 26 are stationary i.e. the distance therebetween does not change. That is, the “first pressure” causes the electrodes 12 and 14 to move whereas the driving electrode 22 and sensing electrode 26 are stationary due to the “first pressure” not being great enough. As such, US ‘175 indeed discloses that a distance between a driving electrode (22) and a sensing electrode (26) when the pressure sensing device receives a pressing i.e. the “first pressure.” Only upon “a greater amount of pressure or force” does the distance between the electrodes 22 and 26 then being to change. 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. 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 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. 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). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /DANIEL D YABUT/Primary Examiner, Art Unit 3656
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Prosecution Timeline

Dec 06, 2024
Application Filed
Sep 17, 2025
Non-Final Rejection — §103, §112
Dec 10, 2025
Response Filed
Feb 27, 2026
Final Rejection — §103, §112 (current)

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