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 .
This communication is in response to applicant’s response to a Non-Final Office Action submitted on July 27, 2026.
Non-Statutory Double Patenting Rejection
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a non-statutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1, 3-5, 11-14 and 16-19 are non-provisionally rejected on the ground of non-statutory obviousness-type double patenting as being unpatentable over claims 1-3 and 6-13 of U.S. Patent No. 12,260,691 B2. The difference between patented narrower claims 1-3 and 6-13 and the pending broader claims 1, 3-5, 11-14 and 16-19 of the instant application are not patentably distinct from each other. Although the conflicting claims are not identical, the patented narrower claims 1-3 and 6-13 anticipate the broader claimed limitations of the instant application’s claims 1, 3-5, 11-14 and 16-19, thus, they are not patentably distinct from each other as set forth in the table herein below:
Pending App. No. 19/054,642:
U.S. Patent No. 12,260,691 B2:
Claim 1: A control system for controlling a haptic feedback actuator of a vehicle, the control system comprising one or more controllers, the control system configured to:
receive vehicle parameter information comprising information indicative of a current position of at least a portion of a seat of the vehicle;
receive information indicating that it is required to provide haptic feedback; in response to receipt of information indicating that haptic feedback is required,
generate a control signal for controlling operation of the haptic feedback actuator, the control signal being responsive to the vehicle parameter information; and output the control signal.
Claim 3: The control system according to claim 1, wherein the vehicle parameter information comprises at least one of the following: a forward/aft position of the seat; and a position of a back portion of the seat.
Claim 4: The control system according to claim 1, wherein the vehicle parameter information comprises an indication of a weight of a person sat on the seat.
Claim 5: The control system according to claim 1, wherein the vehicle parameter information comprises information indicative of the current position of at least a portion of a driver seat of the vehicle.
Claim 11: The control system according to claim 10, wherein the control system is configured to receive the information indicative of rate of acceleration of at least a portion of the structure of the vehicle from an accelerometer.
Claim 12: The control system according to claim 1, wherein the control system is configured to receive vehicle parameter information indicative of at least one of the following: a level of acoustic noise in a cabin of the vehicle; a speed of travel of the vehicle over ground; and a geographical location of the vehicle.
Claim 13: A vehicle assembly comprising the control system according to claim 1 in combination with the haptic feedback actuator.
Claim 14: A vehicle seat comprising the control system according to claim 1.
Claim 16: A vehicle comprising the control system according to claim 1.
Claim 17: A method of providing haptic feedback in a vehicle, comprising:
receiving vehicle parameter information comprising information indicative of a current position of at least a portion of a seat of the vehicle;
receiving information indicating that it is required to provide haptic feedback; and
in response to receipt of information indicating that haptic feedback is required,
controlling operation of a haptic feedback actuator, whereby controlling operation of the haptic feedback actuator comprises controlling the haptic feedback actuator responsive at least in part to the vehicle parameter information.
Claim 18: A computer program comprising instructions which, when executed by one or more processors, cause the one or more processors to perform the method of claim 17.
Claim 19: A non-transitory, computer-readable storage medium storing instructions thereon that, when executed by one or more processors, causes the one or more processors to perform the method of claim 17.
Claim 1: A control system for controlling a haptic feedback actuator of a vehicle, the control system comprising one or more controllers, the control system configured to:
receive vehicle parameter information being information indicative of a current value of at least one parameter associated with the vehicle;
receive information indicating that haptic feedback is required; in response to receipt of information indicating that haptic feedback is required,
generate a control signal for controlling operation of the haptic feedback actuator, the control signal being responsive to the vehicle parameter information; and output the control signal
, wherein the vehicle parameter information comprises information indicative of haptic noise experienced by a driver of the vehicle over a prescribed frequency range, and the control system is arranged to generate the control signal to control the haptic feedback provided by the haptic feedback actuator to be output at a frequency within said prescribed frequency range and in phase with said haptic noise experienced by the driver.
Claim 2: The control system of claim 1, wherein the control system comprises a control system for controlling a haptic feedback actuator within a vehicle seat and the vehicle parameter information comprises information indicative of a current state of the vehicle seat.
Claim 3: The control system of claim 1, wherein the vehicle parameter information comprises at least one from a group consisting of at least one of: information indicative of a weight of a person sat on a vehicle seat;
information indicative of a forward/aft position of the vehicle seat with respect to a body of the vehicle; and information indicative of a position of a back portion.
Claim 6: The control system according to claim 1, wherein the information indicative of a value of at least one parameter associated with the vehicle comprises information indicative of rate of acceleration of at least a portion of a structure of the vehicle.
Claim 7: The control system according to claim 6 wherein the control system is configured to receive information indicative of rate of acceleration of at least a portion of a structure of the vehicle from an accelerometer.
Claim 8: The control system according to claim 1, wherein the control system is configured to receive vehicle parameter information being information indicative of at least one of: a level of acoustic noise in a cabin of the vehicle; a speed of travel of the vehicle over ground; and a geographical location of the vehicle.
Claim 9: The control system of claim 1 comprised in a vehicle assembly in combination with the haptic feedback actuator.
Claim 10: The control system of claim 1 comprised in a vehicle seat.
Claim 11: The control system of claim 1 comprised in a vehicle.
Claim 12: A method of providing haptic feedback in a vehicle, comprising:
receiving vehicle parameter information being information indicative of a current value of at least one parameter associated with the vehicle; and
receiving information indicating that haptic feedback is required, the method comprising,
in response to receipt of information indicating that haptic feedback is required,
controlling operation of a haptic feedback actuator, whereby controlling operation of the haptic feedback actuator comprises controlling the haptic feedback actuator responsive at least in part to the vehicle parameter information,
wherein the vehicle parameter information comprises information indicative of haptic noise experienced by a driver of the vehicle over a prescribed frequency range, and control of the haptic feedback actuator is executed at a frequency within said prescribed frequency range and in phase with said haptic noise experienced by the driver.
Claim 13: A non-transitory, computer-readable storage medium storing instructions thereon that, when executed by one or more processors, causes the one or more processors to carry out the method of claim 12.
Claim 13: A non-transitory, computer-readable storage medium storing instructions thereon that, when executed by one or more processors, causes the one or more processors to carry out the method of claim 12.
In view of the above, since the subject matters recited in the broad claims 1, 3-5, 11-14 and 16-19 of the instant application was fully disclosed in and covered by claims 1-3 and 6-13 of U.S. Patent No. 12,260,691 B2, allowing the broad claims 1, 3-5, 11-14 and 16-19 would result in an unjustified or improper timewise extension of the “right to exclude” granted by a patent.
This is a non-provisional non-statutory obviousness-type double patenting rejection because the conflicting claims have in fact been patented.
Response to Arguments
Applicant’s arguments, see pages 7-11, filed July 27, 2026, with respect to pending claims 1-20 have been fully considered and are persuasive. The rejection of under 35 U.S.C. § 103 of pending claims 1-20 has been withdrawn. However, the non-statutory double patenting rejections has been maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following cited arts are further to show the state of art.
U.S. Publication No. 2017/0210415 A1 of WHITTLE et al, disclose a method for controlling the provision of oscillatory feedback through a steering system of a vehicle. The method comprises receiving a request to provide oscillatory feedback through the steering system of the vehicle. The method further comprises determining a characteristic of a road surface being traversed by the vehicle. The method still further comprises imparting to a component of the steering system an oscillating force having one or more oscillation properties that is/are dependent upon the determined road surface characteristic to thereby provide the requested oscillatory feedback.
U.S. Publication No. 2017/0340214 A1 of BENSON et al, disclose a vehicle seat in accordance with the present disclosure includes a seat bottom and a seat back. The seat back is coupled to the seat bottom and arranged to extend in an upward direction away from the seat bottom. The vehicle seat further includes an electronics system.
U.S. Publication No. 2017/0076564 A1 of CRUZ-HERNANDEZ et al, disclose a method for providing haptic feedback is provided for a device that produces haptic noise, such as a power tool with an electric motor that produces noises and vibrations while in operation. An environmental condition of the device can be sensed while the device is being operated and generating haptic noise. A haptic noise characteristic of the device can be determined. A haptic drive signal based on the environmental condition and haptic noise characteristic can be generated. The haptic drive signal can be applied to a haptic output device associated with the device.
U.S. Publication No. 2013/0342366 A1 of KIEFER et al, disclose methods and vehicles are provided for providing haptic feedback to a vehicle occupant. In one embodiment, the method includes determining at least one of interior conditions and exterior conditions of a vehicle. The vehicle includes a plurality of haptic actuators disposed in a seat. The method further includes calculating at least one of a pulse width modulation (PWM) pattern and an on/off compensation pattern based on the determined interior conditions and exterior conditions. The method further includes generating a signal with active periods that include at least one of the calculated patterns to command the plurality of haptic actuators to produce haptic pulses.
U.S. Publication No. 2013/0062921 A1 of MEYER et al, disclose a system comprises a vehicle seating system including a seat and at least one powered seat adjustment actuator for altering the seating position formed by the seat. Additionally, the system includes a controller for receiving at least one signal based on at least one vehicle/user event. For reducing fatigue, the controller controls slow seat movement while the vehicle is moving, and changes slow movement between first and second slow movements based on the vehicle/user event(s).
U.S. Publication No. 2009/0292423 A1 of NORTON, disclose sensors in a vehicle seat provide data for classifying occupants. Information from the sensors may be used to determine the position of an occupant relative to the seat and relative to the vehicle, the weight of the occupant, whether the seat belt is latched, and the position of the occupant relative to an airbag before and during a crash. Situations wherein airbag deployment is not desired are identified. A particularly inexpensive system meets the occupant classification needs of a system comprising a low risk deployment passenger airbag.
U.S. Publication No. 2015/0008710 A1 of YOUNG et al, discloses a seat monitoring system comprises a first layer of one or more fluid bladders packaged within a seat, a pump in fluid communication with the first layer, the pump operable to increase fluid pressure of each bladder within the first layer, an array of one or more sensors in fluid communication with the first layer and operative to sense pressure and pressure changes within each bladder within the first layer and a controller configured to: collect pressure data; determine from the pressure data a monitored parameter relevant to a subject in the seat; and change an aspect of the seat based on the monitored parameter. Methods of using the seat monitoring system can include determining a drowsiness threshold and altering a user that he or she is getting drowsy.
U.S. Publication No. 2021/0401340 A1 of GALLAGHER et al, discloses a system for performing biometric evoked response monitoring and feedback for a vehicle is provided. The system includes a plurality of sensors and at least one controller. The plurality of sensors may be positioned about a main cabin of the vehicle and each sensor is configured to provide a first signal indicative of a measured electromagnetic characteristic of an anatomical feature of a driver for the vehicle in response to an alert being issued to the driver. The at least one controller is configured to receive the first signal and to determine a stimulus response and an attentiveness response of the driver based on the measured electromagnetic characteristic of the anatomical feature of the driver.
U.S. Publication No. 2016/0192158 A1 of YAMADA, discloses a seat management system includes a moving apparatus capable of wirelessly communicating directly with each of a plurality of terminal devices while autonomously moving, and an information management apparatus. The information management apparatus includes a first storage section storing therein a seat layout chart, a receiving section operable to receive identification information of a user of each of the terminal devices and current position of the moving apparatus, acquired and transmitted by the moving apparatus, a seat specifying section operable, based on layout positions of a plurality of seats indicated in the seat layout chart, and the received current position, to specify one of the seats on which a specific one of the terminal devices as a replier of the identification information is used, and a seat layout chart update section operable to add the identification information to the specified seat in the seat layout chart.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SISAY YACOB whose telephone number is (571)272-8562. The examiner can normally be reached Monday - Friday 10:30-07:00 ET.
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/SISAY YACOB/ August 08, 2026 Primary Examiner, Art Unit 2686
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