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 Objections
Claim 1 is objected to because “contact” on lines 5 and 6 should be changed to “contacts”.
Claim 11 is objected to because “contact” on lines 5 and 7 should be changed to “contacts”.
Appropriate correction is required.
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 2, 3 and 5-8 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.
In regard to claim 2, “the first contact of the plural contacts” lacks antecedent basis, and it is unclear which first contact is being referred to. For the purposes of examination, this limitation is interpreted as “the first contact pair of the plural contacts”.
In regard to claim 3, “the second contact of the plural contacts” lacks antecedent basis, and it is unclear which first contact is being referred to. For the purposes of examination, this limitation is interpreted as “the second contact pair of the plural contacts”.
In regard to claims 5 and 6,”the first contact of the plural contact” and “the second contact of the plural contacts” lack antecedent basis, and it is unclear which first contact and second contact is being referred to. For the purposes of examination, these limitations are interpreted as “the first contact pair of the plural contacts” and “the second contact pair of the plural contacts”, respectively.
Claim Rejections - 35 USC § 102
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.
Claims 1-9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Imai et al. [Imai hereinafter, US 10,598,142].
In regard to claim 1, Imai discloses [in Figs. 1-5B] a controller [9] for interfacing between a push-button switch assembly [1] for a motor and a starter control device,
the push-button switch assembly [1] comprising plural contacts arranged to close and open when a user operates the push-button switch assembly [1], the plural contacts comprising a first pair of contacts [54, 57], wherein each of the contacts in the first pair of contacts [54, 57] is operable to complete a first circuit of the push-button switch assembly [1], and a second pair of contacts [54, 57], wherein each of the contacts in the second pair of contacts [54, 57] is operable to complete a second circuit of the push-button switch assembly [1], the controller being programmed to: determine a state of closure of each contact of the plural contacts; and in response to determining at least one of the contacts of the second pair of contacts [54, 57] of the plural contacts closes within a first predetermined interval [time between Ona1 and Ona2] after closure of at least one of the contacts of the first pair of contacts [54, 57] of the plural contacts, emit a command to start the motor [col. 3, lines 39-40, col. 5, lines 22-24, col. 5, line 57- col. 6, line 3, and col. 6, line 61 – col. 7, line 13].
In regard to claim 2, Imai discloses [in Figs. 1-5B] the controller of claim 1, wherein the controller [9] is programmed to: emit the command to start the motor in response to determining the first contact pair [54, 57] of the plural contacts opens within a second predetermined interval after closing of the first contact pair [54, 57] of the plural contacts [col. 3, lines 39-40, col. 5, lines 22-24 and col. 5, line 57 - col. 6, line 3, and col. 6, line 61 – col. 7, line 13].
In regard to claim 3, Imai discloses [in Figs. 1-5B] the controller of claim 1, wherein the controller [9] is programmed to: emit the command to start the motor in response to determining the second contact pair [54, 57] of the plural contacts opens within a third predetermined interval after closing of the second contact pair [54, 57] of the plural contacts [col. 3, lines 39-40, col. 5, lines 22-24 and col. 5, line 57 - col. 6, line 3, and col. 6, line 61 – col. 7, line 13].
In regard to claim 4, Imai discloses [in Figs. 1-5B] the controller of claim 1,
wherein the controller [9] is programmed to: determine an interaction period defining the duration for which the user operates the push-button switch assembly [1]; determine that each of the plural contacts [54, 57] are open at the end of the interaction period; and emit the command to start the motor in response to determining that each of the plural contacts [54, 57] are open at the end of the interaction period [col. 3, lines 39-40, col. 5, lines 22-24 and col. 5, line 57 - col. 6, line 3, and col. 6, line 61 – col. 7, line 13].
In regard to claim 5, Imai discloses [in Figs. 1-5B] the controller of claim 1, wherein the controller [9] is programmed to: initiate a fault detection cycle in response to determining the closure of the first contact pair [54, 57] of the plural contacts; determine that the first contact pair [54, 57] of the plural contacts opens within a second predetermined interval after the closing of the first contact pair [54, 57] of the plural contacts; output a fault confirmation signal in response to determining that the second contact pair [54, 57] of the plural contacts does not close within the second predetermined interval after closure of a first contact pair [54, 57] of the plural contacts [col. 3, lines 39-40, col. 5, lines 22-24 and col. 5, line 57 - col. 6, line 3, and col. 6, line 61 – col. 7, line 13].
In regard to claim 6, Imai discloses [in Figs. 1-5B] the controller of claim 1, wherein the controller [9] is programmed to: request an alternative starting procedure to be undertaken so as to emit a signal for commanding starting of the motor in response to at least one of: determining that the second contact pair [54, 57] of the plural contacts does not close within the first predetermined interval after closure of the first contact pair [54, 57] of the plural contacts; determining that the first contact pair [54, 57] of the plural contacts does not open within the second predetermined interval after closing of the first contact pair [54, 57] of the plural contacts; determining that the second contact pair [54, 57] of the plural contacts does not open within the third predetermined interval after closing of the second contact pair [54, 57] of the plural contacts; or determining that at least one of the plural contacts is closed at the end of an interaction period defining the duration for which the user operates the push-button switch assembly [1, col. 3, lines 39-40, col. 5, lines 22-24 and col. 5, line 57 - col. 6, line 3, and col. 6, line 61 – col. 7, line 13].
In regard to claim 7, Imai discloses [in Figs. 1-5B] the controller of claim 6, programmed to cause a message to instruct a user to use an alternative starting procedure [col. 3, lines 39-40, col. 5, lines 22-24 and col. 5, line 57 - col. 6, line 3, and col. 6, line 61 – col. 7, line 13].
In regard to claim 8, Imai discloses [in Figs. 1-5B] the controller of claim 6, wherein an alternative starting procedure comprises operating the push-button switch assembly [1] twice within a given time period [col. 3, lines 39-40, col. 5, lines 22-24 and col. 5, line 57 - col. 6, line 3, and col. 6, line 61 – col. 7, line 13].
In regard to claim 9, Imai discloses [in Figs. 1-5B] a vehicle [col. 3, line 35] comprising the controller of claim 1.
In regard to claim 11, Imai discloses [in Figs. 1-5B] a method of operating a motor using a controller [9] for interfacing between a push-button switch assembly [1] for the motor and a starter control device, the push-button switch assembly [1] comprising plural contacts arranged to close and open when a user operates the push-button switch assembly [1], the plural contacts comprising a first pair of contacts [54, 57], wherein each of the contacts in the first pair of contacts [54, 57] is operable to complete a first circuit of the push-button switch assembly [1], and a second pair of contacts [54, 57], wherein each of the contacts in the second pair of contacts [54, 57] is operable to complete a second circuit of the push-button switch assembly [1], the method comprising: determining, by a programmed controller [9], a state of closure of each contact of plural contacts of the push-button switch assembly [1]; and in response to determining at least one of the contacts of the second pair of contacts [54, 57] of the plural contacts closes within a first predetermined interval [time between Ona1 and Ona2] after closure of at least one of the contacts of the first pair of contacts [54, 57] of the plural contacts, emitting, by the programmed controller, a command to start the motor [col. 3, lines 39-40, col. 5, lines 22-24 and col. 5, line 57 - col. 6, line 3, and col. 6, line 61 – col. 7, line 13].
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.
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Imai et al. [Imai hereinafter, US 10,598,142].
In regard to claim 12, Imai discloses the claimed invention except for providing that the first predetermined interval is 10 milliseconds. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a 10 millisecond first predetermined interval, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
In regard to claims 13, Imai discloses the claimed invention except for providing that the second predetermined interval is 40 milliseconds. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a 40 millisecond second predetermined interval, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
In regard to claim 14, Imai discloses the claimed invention except for providing that the third predetermined interval is 40 milliseconds. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide a 40 millisecond third predetermined interval, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
In regard to claim 15, Imai discloses the claimed invention except for providing that the second predetermined interval is under 100 milliseconds. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide an under 100 millisecond second predetermined interval, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233
Response to Arguments
Applicant's arguments filed 12/02/2025 have been fully considered but they are not persuasive. In regard to claim 1, the Applicant argues that claim 1 includes an arrangement that “is different from that shown in Imai. For example, the start switch
devices sown in FIGs. 3A to 4B are completely absent on the concept of providing switch pairs that are operable in the manner recited by Applicant's claim 1.” The Examiner would like to note that claim 1 recites contact pairs as opposed to the switch pairs argued by the Applicant, and Imai does disclose [in Figs. 1-5] first and second contact pairs that are operable in the manner recited in claim 1, as detailed in the rejection above.
Applicant also argues that “Imai fails to disclose that a start command is emitted "in response to determining at least one of the contacts of the second pair of contacts closes within a first predetermined interval [emphasis added] after closure of at least one of the contacts of the first pair of contacts." “ The Examiner disagrees. Imai does disclose in [Figs. 1-5B] that a start command is emitted in response to determining at least one of the contacts of the second pair of contacts closes within a first predetermined interval [time between Ona1 and Ona2] after closure of at least one of the contacts of the first pair of contacts [col. 3, lines 39-40, col. 5, lines 22-24 and col. 5, line 57 - col. 6, line 3, and col. 6, line 61 – col. 7, line 13], as recited in claim 1.
Conclusion
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 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.
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/LHEIREN MAE A CAROC/Primary Examiner, Art Unit 2833