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 .
Response to Arguments
Applicant's arguments, filed 9 September 2025, with respect to the prior art rejection of claims 1 and 16 have been fully considered but they are not persuasive. Applicant argues that Bendel (US-20200040618-A1) fails to teach the amended limitation “wherein the actuator is controlled to move the closure panel with each zone of the plurality of zones by outputting a predetermined force”. However, Bendel discloses a panel position v force graph (Figure 3) that illustrates the predetermined force applied to the panel within each zone of the plurality of zones (Paras. 0061-0064). Furthermore, it is unclear how applicant’s arguments regarding “the force output of the actuator is constant (i.e. a predetermined force) for each zone in the plurality of zones” do not conflict with applicant’s disclosure supporting claims 22-24 (i.e., “controlling the actuator to increase the actuator force output without exceeding a maximum predetermined force while the signal from the sensor detects no change in position”) or previously presented claims 18-19 (i.e., “wherein the variable output force is equal to or greater than a force of a seal”). Appropriate correction or clarification is required.
Claim Objections
Claim(s) 1 objected to because of the following informalities: claim(s) should be amended to recite “wherein the actuator is controlled to move the closure panel within each zone of the plurality of zones by outputting a predetermined force”. Appropriate correction or clarification is required.
Claim(s) 16 objected to because of the following informalities: claim(s) should be amended to recite “wherein the actuator is controlled to move the closure panel within each zone of the plurality of zones by outputting a predetermined force”. Appropriate correction or clarification is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-16 and 18-25 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bendel (US-20200040618-A1).
With regards to claim 1, Bendel discloses a system (1 Figure 1) for detecting an obstacle (“operator”, Para 0029) between a closure panel (“mobile part”, Para 0029) and a body of a vehicle (Para 0029), the system comprising:
an actuator (“motor M”, Para 0064) for moving the closure panel from a partially closed position (“pre-latching position VR”, Para 0057) to a closed position (“main latching position HR”, Para 0057); and
a sensor (“sensor”, Para 0064) for sensing a position of a ratchet (3 Figure 1) of a latch (2 Figure 1) between the partially closed and the closed position (Para 0038);
wherein operation of the actuator is controlled to inhibit moving of the closure panel when one or more signals from the sensor represents an improper change in one of the position or motion of the ratchet during operation of the actuator (Paras 0029, 0064),
wherein operation of the actuator is controlled to move the closure panel over a plurality of position zones between the partially closed position to the closed position, where the actuator is controlled to move the closure panel with each zone of the plurality of zones by outputting a predetermined force (as illustrated by the panel position v force graph of Figure 3, Paras. 0061-0064).
With regards to claim 2, Bendel discloses the system of claim 1, further comprising a controller (“control unit”, Para 0064) for receiving the one or more signals as position signals from the sensor (“sensor”, Para 0064) and for controlling the operation of the actuator (“motor M”, Para 0064) based on processing of the one or more signals (Para 0064).
With regards to claim 3, Bendel discloses the system of claim 1, wherein the sensor (“sensor”, Para 0064) is adapted to detect an absolute position of the closure panel (Para 0044).
With regards to claim 4, Bendel discloses the system of claim 1, wherein a position of the sensor (“sensor”, Para 0064) is associated with:
a hinge of the closure panel;
one or more latch components (3 Figure 1) of the latch (2 Figure 1) of the closure panel (Para 0064); a
powered strut actuator of the closure panel; or (interpreted as requiring only one of the associated limitations be met)
a powered door actuator of the closure panel.
With regards to claim 5, Bendel discloses the system of claim 1, wherein the actuator (“motor M”, Para 0064) is a cinch motor for moving the closure panel from the partially closed position corresponding to a cinch start position to the closed position corresponding to a cinch closed position of the closure panel (Figure 2, Para 0057).
With regards to claim 6, Bendel discloses the system of claim 1, wherein a seal is provided between the closure panel and the body of the vehicle, wherein during moving of the closure panel from the partially closed position to the closed position the seal is increasingly compressed between the closure panel and the body of the vehicle (Para 0030).
With regards to claim 7, Bendel discloses the system of claim 6, wherein a controller (“control unit”, Para 0064) acts on the one or more sensor signals during a cinch operation during compression of the seal to control said actuator (“motor M”, Para 0064) in order to perform said inhibit moving of the closure panel (Paras 0029, 0064).
With regards to claim 8, Bendel discloses the system of claim 1, further comprising the latch (2 Figure 1) having the ratchet (3 Figure 1) for retaining a striker (14 Figure 1) between a striker releasing position corresponding to an open position of the closure and a secondary striker capture position corresponding to the partially closed position of the closure panel and a primary striker capture position corresponding to the closed position of the closure panel (Figure 2, Para 0057).
With regards to claim 9, Bendel discloses the system of claim 8, further comprising:
the actuator (“motor M”, Para 0064) for moving the ratchet (3 Figure 1) from the secondary striker capture position to the primary striker capture position (Figure 2, Para 0064); and
a controller (“control unit”, Para 0064) for receiving the one or more signals as one or more position signals from the sensor (“sensor”, Para 0064) and for controlling operation of the actuator, the one or more position signals indicating the position of the ratchet between the partially closed position and the fully closed position (Figure 2, Paras 0057);
wherein the controller ceases moving of the ratchet when the one or more position signals represent an improper change in the position of the ratchet during operation of the actuator (Para 0064).
With regards to claim 10, Bendel discloses the system of claim 9, wherein the controller (“control unit”, Para 0064) is configured to detect a position of the ratchet (3 Figure 1) in order to determine the position of the ratchet, based on the one or more position signals (Para 0064).
With regards to claim 11, Bendel discloses the system of claim 8, wherein the sensor (“sensor”, Para 0064) is configured to detect an absolute position of the ratchet (Para 0044).
With regards to claim 12, Bendel discloses the system of claim 8, wherein a seal is provided between the closure panel and the body of the vehicle, wherein during moving of the closure panel from the partially closed position to the closed position the seal is increasingly compressed between the closure panel and the body of the vehicle (Para 0030).
With regards to claim 13, Bendel discloses the system of claim 12, wherein the controller (“control unit”, Para 0064) acts on the one or more sensor signals during a cinch operation during compression of the seal in order to perform said ceases moving of the ratchet (Paras 0029, 0064).
With regards to claim 14, Bendel discloses the system of claim 1, wherein the improper change in the position of the ratchet during operation of the actuator (“motor M”, Para 0064) corresponds to a difference in the actual position of the ratchet compared to an expected position of the ratchet (Figure 2, Paras 0029, 0064).
With regards to claim 15, Bendel discloses the system of claim 1, wherein the actuator (“motor M”, Para 0064) is controlled to inhibit moving of the closure panel (Para 0064) when one or more signals from the sensor (“sensor”, Para 0064) represents an improper change in one of the position or motion of the ratchet (3 Figure 1) during operation of the actuator while the current draw by the actuator is constant (the detecting of an improper position of the ratchet happens instantaneously, and therefore the current draw of the actuator is constant at that time, Paras 0029, 0064).
With regards to claim 16, Bendel discloses a method of moving a closure panel (“mobile part”, Para 0029) between a partially closed position (“pre-latching position VR”, Para 0057) and a fully closed position (“main latching position HR”, Para 0057), the method comprising:
controlling an actuator (“motor M”, Para 0064) for moving the closure panel from the partially opened position to the fully closed position;
detecting a position of the closure panel when moving the closure panel (Para 0038) using a signal from a sensor (“sensor”, Para 0064) detecting an absolute position (Para 0044) of a ratchet (3 Figure 1) of a latch (2 Figure 1); and
controlling the actuator to inhibit movement of the closure panel in response to detecting an improper change in one of the position or motion of the closure panel during operation of the actuator (Paras 0029, 0064),
controlling the operation of the actuator to move the closure panel over a plurality of position zones between the partially closed position to the closed position, wherein the actuator is controlled to move the closure panel with each zone of the plurality of zones by outputting a predetermined force (as illustrated by the panel position v force graph of Figure 3, Paras. 0061-0064).
With regards to claim 18, Bendel discloses the method of claim 16, wherein the predetermined force is equal to or greater than a force of a seal positioned between the closure panel and a vehicle body, the seal resisting movement of the closure panel from the partially closed position to the fully closed position (Para 0030).
With regards to claim 19, Bendel discloses the method of claim 16, wherein the predetermined force is less than a maximum limit force (19 Figure 3) at all positions of the closure panel between the partially closed position and the fully closed position (Para 0064).
With regards to claim 20, Bendel discloses the method of claim 16, wherein the actuator (“motor M”, Para 0064) is a cinch motor for moving the closure panel from the partially closed position corresponding to a cinch start position to the closed position corresponding to a cinch closed position of the closure panel (Figure 2, Para 0057), such that one or more signals from a sensor (“sensor”, Para 0064) represents an improper change in the position of the closure panel during operation of the actuator, as processed by the a controller (“control unit”, Para 0064) of the actuator (Para 0064).
With regards to claim 21, Bendel discloses the system of claim 1, wherein the sensor (“sensor”, Para 0064) is configured to detect five or more positions of the ratchet (Para 0044).
With regards to claim 22, Bendel discloses the system of claim 1, wherein operation of the actuator (“motor M”, Para 0064) is controlled (by the “control unit”, Para 0064) to allow increasing actuator force output when one or more signals from the sensor (“motor M”, Para 0064) represents no change in one of the position or motion of the closure panel ratchet during operation of the actuator (Para 0040) without operation of the actuator exceeding a maximum predetermined force (19 Figure 3, Para 0064).
With regards to claim 23, Bendel discloses the system of claim 15, further comprising the position sensor (“sensor”, Para 0064) for detecting the position of the ratchet (3 Figure 1), wherein the motor controller is adapted to control the current without exceeding a maximum motor output force predetermined force (19 Figure 3, Para 0064) while the position sensor detects no change in ratchet position (Para 0040).
With regards to claim 24, Bendel discloses the method of claim 16, further comprising controlling the actuator (“motor M”, Para 0064) to increase the actuator force output without exceeding a maximum predetermined force (19 Figure 3, Para 0064) while the signal from the sensor detects no change in position (Para 0040).
With regards to claim 25, Bendel discloses the system of claim 1, wherein the step of detecting a position of the closure panel (“mobile part”, Para 0029) when moving during operation of the actuator (“motor M”, Para 0064) occurs while the current draw by the actuator is constant (the step of detecting a position of the closure panel happens instantaneously, and therefore the current draw of the actuator is constant at that time, Paras 0029, 0064).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-12276140-B2: Issued US Patent corresponding to the previously cited Bendel reference.
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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/NOAH HOROWITZ/Examiner, Art Unit 3675
/KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675