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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-4, 9-10, and 14-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong (U.S. P.G. Publication No. 20170072984 A1; “Gong”) in view of Liburdi (DE 10121566 A1; “Liburdi”).
Regarding claim 1:
A steering wheel (9) for a motor vehicle (see title), the steering wheel having an axis of rotation perpendicular to a plane of rotation of the steering wheel (FIG. 1, the axis of rotation extending along column 4 which is perpendicular to the rim of the steering wheel i.e. plane of rotation of the steering wheel) and comprising a control box (2), in turn comprising:
a printed circuit board (23);
a casing (FIG. 3 depicts housing/casing that e.g. accommodates the PCB 23) defining a cavity housing the printed circuit board (FIG. 3, supra);
a cover (21) attached to the casing so as to cover the cavity with an inner face (bottom/inner surface of cover 21 as seen in FIG. 3) facing the cavity according to a direction entering the plane of rotation of the steering wheel and an outer face (upper/outer surface of the cover 21 as seen in FIG. 3) opposite the inner face so as to face, in use, a user of the steering wheel (as depicted in FIG. 2); and
at least one controller (24), which is manipulatable by the user coupled to the casing in a movable manner with respect to the cover (¶ 31, “control key 24” the term “key” indicating e.g. a push-button type controller that is manipulated by the user by pushing it inward with respect to the cover 21), and arranged through a relative seat formed on the cover along said direction (FIG. 2-3 depicts the controller 24 extending through and protruding from cover 21 via seat/recess formed therein; see MPEP § 2125).
However, Gong does not expressly disclose that the cover comprises a transparent plate or glass plate.
Liburdi teaches a cover (6, 8) comprises a transparent plate or glass plate (9) as a means to provide backlit (via LEDs 60) illuminated graphic symbols or indicators which represent functions which can be controlled by the controllers (5, 14, 15, 12, 24, 26, 34, 22, knob 62; pg. 2, “Similarly, the left printed circuit board is protected from the environment by a left circuit board cover or controller cover. The covers can contain various graphic symbols which represent the functions which can be controlled by the control devices. For example, who uses the arrows to indicate that the flashing signal has been activated.”).
Regarding claim 2:
The steering wheel according to claim 1, comprising one or more indicators (9 in Liburdi (pg. 2 in Liburdi, “illuminated graphs 9 to indicate. . . .”), which are fixed on said plate and/or on a transparent or glass manipulatable portion of the controller and configured to indicate the controller (pg. 2 in Liburdi, “Similarly, the left printed circuit board is protected from the environment by a left circuit board cover or controller cover. The covers can contain various graphic symbols which represent the functions which can be controlled by the control devices. For example, who uses the arrows to indicate that the flashing signal has been activated.”).
Regarding claim 3:
The steering wheel according to claim 2, comprising: a backlight device (60 in Liburdi) coupled to the printed circuit board within the cavity (depicted in FIG. 3 in Liburdi) and configured to illuminate the one or more indicators (pg. 2 in Liburdi); and a control unit connected to the backlight device via the printed circuit board (pg. 3 in Liburdi, “The circuit boards 50, 52 are connected to a microprocessor (not shown)”) and configured to control the backlight device to illuminate the one or more indicators (the PCBs 50, 52 connect the backlight devices 60 to the microprocessor for control).
Regarding claim 4:
The steering wheel according to claim 3, wherein the control unit is coupled to the controller and is configured to control the backlight device based on how the controller is manipulated (pg. 2 in Liburdi, “The right printed circuit board 50 is protected from the environment by a right circuit board cover or control device cover 6 .Similarly, the left printed circuit board 52 is protected from the environment by a left circuit board cover or controller cover 8 .The covers 6 , 8 can contain various graphic symbols which represent the functions which can be controlled by the control devices 5 , 7 . For example, who uses the arrows to indicate that the flashing signal has been activated. The graphical symbols can be backlit illuminated by placing diodes 60 (shown in FIG. 3) or other lighting devices on the circuit board below or near the graphical symbols to increase the visibility of the graphical symbols in poor condition To improve light”).
Regarding claim 9:
The steering wheel according to claim 1, further comprising: a crown (at 9 in FIG. 2) extending in a ring shape about the axis of rotation (FIG.2 depicts the steering wheel rim/crown as circular/ring shaped; MPEP § 2125) and defining a radially outermost portion of the steering wheel relative to the axis of rotation (depicted in FIG. 2); a central hub (6) about the axis of rotation; and a plurality of radial spokes connecting the central hub to the crown (FIG. 2 depicts spokes extending from hub to the rim in the 12 o’clock, 3 o’clock, 6 o’clock and 9 o’clock positions/directions), in which the casing hangs fixedly from one of the spokes (on the spokes at 3 and 9 o’clock positions in FIG. 2), so as to be arranged at an empty sector between said one of the spokes, another of the spokes, the crown, and the central hub (e.g. FIG. 2 depicts controllers 24 extending/protruding downward into an spokeless space).
Regarding claim 10:
The steering wheel according to claim 1, wherein the controller comprises a knob (62 in Liburdi) rotatable about a knob axis parallel to said direction (pg. 2 in Liburdi, “The right control device also has a rotatable dial (shown in FIG. 3) to control the control 18 of the windshield wipers. The dial is connected to the front 70of the printed circuit board 50 and rotates about an axis perpendicular to the front 70 of the printed circuit board” and thereby parallel to the direction.”).
Regarding claim 14:
The steering wheel according to claim 1, wherein the seat is obtained on said plate (FIG. 2-3 depicts the controller 24 extending through and protruding from cover/plate 21 via seat/recess formed therein; see MPEP § 2125).
Regarding claim 15:
The steering wheel according to claim 1, wherein the cover is said plate (FIG. 3 depicts cover/plate 21 as flat and relatively thin piece; see MPEP § 2125).
Regarding claim 16:
A steering wheel (9) for a motor vehicle (see title), the steering wheel comprising: an axis of rotation perpendicular to a plane of rotation of the steering wheel (FIG. 1, the axis of rotation extending along column 4 which is perpendicular to the rim of the steering wheel i.e. plane of rotation of the steering wheel); and a control island (portions on which controllers 24 are mounted, see in FIG. 2), comprising: a control circuit (23 a casing (FIG. 3 depicts housing/casing that e.g. accommodates the PCB 23) defining a cavity housing at least a portion of the control circuit (FIG. 3, supra);
a cover (21) attached to the casing so as to cover the cavity, wherein the cover comprises a translucent plate (at 9 in Liburdi), the cover comprising: an inner face facing the cavity (bottom/inner surface of cover 21 as seen in FIG. 3); and an outer face opposite the inner face so as to face, in use, a user of the steering wheel (upper/outer surface of the cover 21 as seen in FIG. 3); and a controller (24), which is manipulatable by the user, coupled to the casing in a movable manner with respect to the cover and extending through a seat formed in the cover (¶ 31, “control key 24” the term “key” indicating e.g. a push-button type controller that is manipulated by the user by pushing it inward with respect to the cover 21), and arranged through a relative seat formed on the cover along said direction (FIG. 2-3 depicts the controller 24 extending through and protruding from cover 21 via seat/recess formed therein; see MPEP § 2125).
Regarding claim 17:
The steering wheel of claim 16, wherein the translucent plate is comprised of glass (portions 9 in Liburdi are “backlit illuminated” indicating that they are transparent or translucent to a degree so as to allow the light to pass therethrough i.e. “glass” in accordance to the instant specification in in ¶ 35 therein).
Claim(s) 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong in view of Liburdi, as applied to claim 2 above, and further in view of Anderson (WO 2023117055 A1; “Anderson”).
Regarding claim 5-7, Gong as modified above teaches the steering wheel according to claim 2, see above, but does not expressly disclose that the one or more indicators comprise a film deposited on said plate or on the transparent or glass manipulatable portion by physical vapor deposition, wherein the film has a plurality of micro-holes arranged to form a graphic pattern on the film, and wherein each of the micro-holes has a width dimension or diameter of less than one-tenth of a millimeter.
Anderson teaches one or more indicators (26; FIG. 2) comprise a film (28) deposited on a plate or on the transparent or glass (34) manipulatable portion by physical vapor deposition (pg. 12, “PVD”), wherein the film has a plurality of micro-holes (44) arranged to form a graphic pattern on the film (pg. 11, “hole array 44 in the decorative metallic layer 28”), and wherein each of the micro-holes has a width dimension or diameter of less than one-tenth of a millimeter (pg. 5, “holes having a size equal to or smaller than 0.5mm” which is a range that includes values less than 0.1 mm) as a means to aesthetically enhance the indicators (pg. 4).
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, Gong such that the one or more indicators comprise a film deposited on said plate or on the transparent or glass manipulatable portion by physical vapor deposition, wherein the film has a plurality of micro-holes arranged to form a graphic pattern on the film, and wherein each of the micro-holes has a width dimension or diameter of less than one-tenth of a millimeter, as taught by Anderson, as a means to aesthetically enhance the indicators.
Regarding claim 8, although Gong as modified above (Anderson) characterizes the plurality of micro-holes as an “array” (pg. 11) i.e. that each has a spacing from another adjacent micro holes of the micro holes and that they should be “barely noticeable from usual viewing distances,” it does not expressly disclose that the spacing is less than one-tenth a millimeter.
Gong as modified above does not expressly disclose that each of the micro-holes has a spacing from another adjacent micro-holes of the micro-holes less than one-tenth of a millimeter.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the spacing is less than one-tenth a millimeter as a matter of design choice because it has been held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)( the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device); see also MPEP § 2144.04 (IV)(A). Here, nowhere in the original disclosure does it disclose or suggest that the particular spacing claimed would cause the claimed invention to perform differently than that of the prior art device. Additionally, paragraph [0102] in the instant specification mentions that the spacing is a mere preference i.e. not required. As such, this limitation does not amount to a patentable difference.
Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong in view of Liburdi, as applied to claim 10 above, and further in view of Ebrom et al. (U.S. P.G. Publication No. 2016/0181028 A1; “Ebrom”).
Regarding claim 11, Gong as modified above teaches the steering wheel according to claim 10, see above, but does not expressly disclose that the knob carries a lens in a fixed position, and wherein the lens has a first surface facing toward a first indicator fixed on said plate for at least one position of the knob, the lens being configured to project an image of the first indicator onto a second surface of the lens opposite said first surface.
Ebrom teaches that a knob (20) carries a lens (36) in a fixed position (depicted in FIG. 1; ¶ 11), and wherein the lens has a first surface (inner face facing element 24 in FIG. 1) facing toward a first indicator (22, 24) fixed on said plate (depicted in FIG. 1) for at least one position of the knob (¶ 11), the lens being configured to project an image of the first indicator onto a second surface (outer surface/face facing the operator; FIG. 1) of the lens opposite said first surface (outer surface is opposite inner surface) to provide a light transmissive indicia on the knob that, for example is able to indicate a change in intensity/change in position of the knob by controlling the intensity of the light shone through the lens (¶ 3).
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, Ebrom such that the knob carries a lens in a fixed position, and wherein the lens has a first surface facing toward a first indicator fixed on said plate for at least one position of the knob, the lens being configured to project an image of the first indicator onto a second surface of the lens opposite said first surface.
Regarding claims 12-13, Gong does not expressly disclose that the knob comprises aluminium metal.
In certain circumstances where appropriate, an examiner may take official notice of facts not in the record or rely on "common knowledge" in making a rejection. See MPEP § 2144.03. Official notice unsupported by documentary evidence should only be taken by the examiner where the facts asserted to be well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known. In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418, 420 (CCPA 1970). Here, the Examiner takes official notice that providing a knob comprising aluminum metal as a part of its construction is instantly and unquestionably well-known and common knowledge in the art. As such, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gong such that its knob comprises aluminum metal as such combination of elements are instantly and unquestionably well-known and common knowledge in the art. In addition, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gong such that its knob comprises aluminum metal, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL D YABUT whose telephone number is (571)270-5526. The examiner can normally be reached on Monday through Friday from 9:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor John Olszewski can be reached on (571) 272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL D YABUT/Primary Examiner, Art Unit 3656