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.
Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is not clearly understood because “the front” and “the rear” lack a clear antecedent basis.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by DeLong et al. (US 2006/0022478).
DeLong et al. discloses a center console (10) for a vehicle comprising a plurality of control units (34,218) disposed inside the vehicle at a front in the center console (10) and a sound source (88) disposed inside the vehicle at the rear in the center console (10), as shown in Figures 1-2. The sound source (88) is disposed facing toward lateral sides of the vehicle, as shown in Figure 2.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over DeLong et al. (US 2006/0022478) in view of Mullen et al. (10,232,786).
DeLong et al. does not disclose the air conditioning duct.
Mullen et al. teaches a center console (10) with an air conditioning duct (32,34,36,38), as shown in Figures 1-6, 20, and 21. The center console (10) has a forward module (150) located above the air conditioning duct (34) and a rear module (150) below an air conditioning duct (38), as shown in Figures 20 and 21.
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an air conditioning duct lying below a lower surface of the forward control unit and lying on an upper surface of the sound source between the control unit and sound source of DeLong et al., as taught by Mullen et al., with a reasonable expectation for success to provide air conditioning directly to rear passengers while providing an attachment for the center console.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over DeLong et al. (US 2006/0022478) in view of Carnevali (US 2010/0090490).
DeLong et al. discloses a cover forming housing (12) accommodating at least the control unit (34,218) and the sound source (88), as shown in Figures 1-2.
In reference to claim 5, the lateral side of the center console overlaps a seat cushion of the vehicle, as shown in Figure 1.
However, DeLong et al. does not disclose the cover has an opening portion communicating with the control unit and the sound source.
Carnevali teaches providing a removable panel (12) to cover an opening portion communicating with all components in a center console, as shown in Figure 2 and disclosed in paragraph [0023]. Each face plate (20) is a location to mount equipment, as disclosed in paragraph [0007].
In reference to claim 5, the opening portion is disposed at a lateral side of the center console.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the center console of DeLong et al. with an opening portion and removable panel to close the opening to provide access to the control unit and sound source, as taught by Carnevali, with a reasonable expectation for success to provide access to the housed equipment to fix and/or replace equipment as needed.
Allowable Subject Matter
Claim 2 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The primary reason for indicating allowable subject matter is the combination of the sound source disposed inside the center console and the center console including a box disposed a front passenger seat, which is not found in the prior art of record. The closest prior art O’Neal (US 2015/0172799) provides a speaker in a box beneath the front passenger seat. The box is not part of the center console and the speaker is not in the rear of the center console.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY A BLANKENSHIP whose telephone number is (571)272-6656. The examiner can normally be reached 7-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GREGORY A. BLANKENSHIP
Primary Examiner
Art Unit 3612
/GREGORY A BLANKENSHIP/Primary Examiner, Art Unit 3612 July 13, 2026