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 . All the claims have been examined on the basis of the merit of the claims.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Double Patenting
The nonstatutory 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 nonstatutory double patenting rejection is appropriate where the conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based e-Terminal Disclaimer may be filled out completely online using web-screens. An e-Terminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about e-Terminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US12296683B2 as outlined in the table below. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are anticipated by the patent claims.
Present application
Patent No.: US12296683B2
Claim 1
Claim 1
Claim 2
Claim 1
Claim 3
Claim 20
Claim 4
Claim 1
Claim 5
Claim 1 and claim 20
Claim 6
Claim 7
Claim 7
Claim 1
Claim 8
Claim 1
Claim 9
Claim 2
Claim 10
Claim 4
Claim 11
Claim 8
Claim 12
Claim 20
Claim 13
Claim 16
Claim 14
Claim 20
Claim 15
Claim 1
Claim 16
Claim 1
Claim 17
Claim 16
Claim 18
Claim 16
Claim 19
Claim 16
Claim 20
Claim 16
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(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Keist et al. (US-20090301852-A1, hereinafter as Keist).
In regard to claim 1, Keist discloses a component for a vehicle interior (switch for use in the interior of a vehicle, Abstract) configured to present a user interface comprising: a composite structure (fig. 5) comprising a base structure and a cover structure (support structure 4 and top surface of button 2); a functional module (printed circuit board 8, para 0044) configured to operate the user interface for the composite structure (operates tactical element 9); wherein the user interface is configured to comprise an input device and/or an output device (read in the alternative only. Comprises the input device as shown fig. 5); wherein the base structure is configured to support the cover structure (support structure 4 supports the button 2/surface); wherein the cover structure comprises a cover layer and a cover base (cover layer 2 with cover base 3); wherein the cover base comprises a core region and a perimeter region (core region of layer 3 which is inside the slot 24 and perimeter region outside of the slot and button 2); wherein the functional module is configured to present the user interface at the cover structure of the composite structure (para 0047-0048, button head 2 which is made from transparent material and light can pass through the transparent elements and to the surface thereby providing a user interface at the cover of the device of fig.5 ).
In regard to claim 17, Keist discloses a component for a vehicle interior (switch for use in the interior of a vehicle, Abstract) configured to present a user interface comprising: a composite structure (fig. 1) comprising a cover structure (top surface of button 2); wherein the user interface is configured to comprise an input device and an output device (button 2 comprising light transmissive device such as 15 used for lighting the top surface for pictograms, symbols or characters, para 0048); wherein the cover structure comprises a cover layer and a cover base (cover layer 2 with cover base 3); wherein the input device comprises a sensor (para 0017, para 0019, the button functions as a sensor as well as a switch); wherein the output device comprises a light (fig.1, light source 10, para 0039, by means of a light source, the symbols on the button head are backlit through the transparent tactile element and the transparent button head).
In regard to claim 18, Keist discloses the component of Claim 17 wherein the composite structure comprises a base structure and the cover structure comprises a cover surface (fig. 1, support structure 4 and cover surface 2).
In regard to claim 19, Keist discloses the component of Claim 18 wherein the cover base comprises a core region and a perimeter region; wherein the input device comprises a button presented at the core region (fig.1, button 2 comprises core region inside and a perimeter region material layer 3); wherein the output device comprises an icon presented at the core region (button head 2 comprises portion 15 for pictograms, symbols or characters, para 0048).
In regard to claim 20, Keist discloses the component of Claim 17 further comprising a user interface system comprising a functional module configured to operate the user interface for the composite structure (printed circuit board 8, fig.1).
In regard to claim 2, Keist discloses the component of Claim 1 wherein the functional module is provided at the base structure of the composite structure (printed circuit board 8, fig.5).
In regard to claim 3, Keist discloses the component of Claim 1 wherein the user interface comprises the input device and an output device (comprises input switch as well as sensor function and displays icons and symbols at surface 15 of the button head 2).
In regard to claim 4, Keist discloses the component of Claim 1 wherein the input device comprises a sensor and/or a button and/or a switch (this limitation appears in an or clause and only one limitation is read. Keist discloses that button 2 comprises input switch as well as sensor function, para 0017).
In regard to claim 5, Keist discloses the component of Claim 1 wherein the input device is integrated with the output device (comprises input switch as well as sensor function and displays icons and symbols at surface 15 of the button head 2 which are integrally fitted in the device).
In regard to claim 6, Keist discloses the component of Claim 1 wherein the input device comprises an illuminable object and/or the output device comprises an illuminable object; wherein the illuminable object comprises an icon and/or a light and/or a light display (alternative clauses read in the alternative as well. Para 0048, Symbols are formed as a relief in this layer 14, which symbols can be identified both with frontlighting (without backlighting) and in the dark in the case of backlighting by means of the light source 10. The symbols 15, which may be pictograms, symbols or alphanumeric characters, can be produced, for example, by means of lasers.).
In regard to claim 7, Keist discloses the component of Claim 1 wherein the base structure comprises a carrier and/or a substrate (fig. 5, base structure 4 further comprises substrate of the printed circuit board 8).
In regard to claim 8, Keist discloses the component of Claim 1 wherein the cover structure comprises the cover base and the cover layer and a cover surface; wherein the cover layer comprises a generally compressible material (surface 2 and surface 3 with cross-sectional peripheral surface of button 2, fig. 5); wherein the cover base comprises a generally rigid material (surface material including layer 3 are flexible and soft surface material, para 0043, 0048 versus the cover base comprising housing support 4 and printed circuit board 8 have rigid material composition).
In regard to claim 9, Keist discloses the component of Claim 1 wherein the cover layer is molded on the cover base (cover layer comprising button head 2 is molded with a cover base because para 0015, ….[metal frame]this component part is then inserted into the mold for producing the button head and embedded in the compound of the button head in the production process.).
In regard to claim 10, Keist discloses the component of Claim 1 wherein the cover layer comprises a projection configured to fit within a recess in the cover base (button 2 is fit in the recess 5 in the support layer 4 in the cover base, fig. 5).
In regard to claim 11, Keist discloses the component of Claim 1 wherein the cover structure comprises an integrally-formed structure (fig.5, integrally formed button head as shown).
In regard to claim 12, Keist discloses the component of Claim 1 wherein the cover layer comprises a light-transmissive material (light transmissive material 15, fig.1); wherein the cover base comprises an opaque material (while the support structure including housing support 4 and other cover base are opaque to the light source 10).
In regard to claim 13, Keist discloses the component of Claim 1 wherein the cover structure comprises a decorative layer (colored layer 14, para 0048, fig.1).
In regard to claim 14, Keist discloses the component of Claim 12 wherein the decorative layer comprises an opaque material (layer 14 is opaque to light source 10); wherein the cover layer comprises a light-transmissive material (surface of 15 is light transmissive material); wherein the cover base comprises a light-transmissive material (parts of the cover baser under head 2 and tactile element 9 are light transmissive for the light to pass there through to be out at surface 15, fig.1).
In regard to claim 15, Keist disclose the component of Claim 1 wherein the cover structure with the core region and the perimeter region is configured to present the output device of the user interface (button head 2 with its core in the top and recessed area 5 with perimeter region 3 which provides user interface, fig.1).
In regard to claim 16, Keist discloses the component of Claim 1 wherein the functional module is configured to operate at least one of a sensor and/or a switch and/or a detector and/or a light display and/or a display panel and/or a control panel and/or a transducer and/or a haptics actuator and/or a haptics transducer (printed circuit board 8, para 0044 operates the button 2, fig.1).
Conclusion
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/DEEPROSE SUBEDI/Primary Examiner, Art Unit 2627