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 06/19/2026 have been fully considered, but they are not persuasive.
In regards to independent claims 1 and 13, Applicant argues Hermann (US 20180023330) does not teach or suggest the recited control architecture. Applicant argues Hermann uses the acceleration sensor to detect user intent or an operating event, not to determine the adjustment position of the vehicle door using a lock-mounted acceleration sensor measurement signal, generate a parameter value representative of that determined adjustment position, and command a later powered operated adjustment from the adjustment position based on that parameter value. Applicant argues Johnson does not cure this deficiency. Applicant argues, as Johnson has only been used for locating an accelerometer within the lock of the door, the proposed combination does not provide an articulated reason why one of ordinary skill in the art would have replaced Herman’s separate adjustment position sensing with lock mounted accelerometer based determination of the vehicle’s adjustment position and the subsequent operations. Applicant argues, therefore, under KSR, the rejection does not establish the claim as a whole would have been obvious because it does not identify a reasoned basis for the proposed modification and instead merely a reason to add an unrelated smart-lock feature.
However, Hermann teaches a door is operated in both manual modes and powered modes and an acceleration sensor, just as pointed to by the Applicant, determines an operating event of the user manually operating the door. This determines whether the door is being opened or being closed, which includes determining that the door is now relatively open or relatively closed which is a determination of a qualitative adjustment position, where the qualitative determination is within an adjustment range of fully closed to fully open. This is precisely what is required by the claim, that a broadly recited adjustment position be determined using the measurement signal of the acceleration sensor, where the adjustment position is within an adjustment range. Then, a sensor determines how far the vehicle door is opened, which occurs over all adjustment positions of the door and is a parameter value representative of the relative door open or closed condition. This, once again, is precisely what is required by the claim. Finally, Johnson teaches specifically to locate an acceleration sensor within a lock of a vehicle door and the additional functionalities that can be achieved by doing so. As Herman does not specify the positional arrangement of the accelerometer within the door, it is lacking in this regard, and Johnson is necessitated. The combination of these references does not and has never proposed any sort of replacement of Hermann’s methods with anything, but instead merely suggest how and why one of ordinary skill would have located the accelerometer of Hermann within the door lock, and specific factual and textual motivations have been laid out for why one of ordinary skill would have been motivated to make such a modification. It is unclear why reasoning for replacing the functionality of Hermann would be required when no such replacement would be required by one of ordinary skill in the art to arrive at the claims.
As such, this argument is unpersuasive.
Applicant argues the dependent claims are allowable by virtue of their dependency and the remaining references do not remedy the deficiencies of the claims.
This argument is unpersuasive as each independent and dependent claim has been fully rejected and for the reasons as given above. None of the remaining references are required to remedy any alleged deficiencies.
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 1, 6, 13, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hermann et al. (US 20180023330) in view of Johnson (US 20160343188).
In regards to claim 1, Hermann teaches an electronics system for use in a vehicle, the electronics system comprising: (Fig 1A, 1B, 2.)
a drive device for a power-operated adjustment of a vehicle door, wherein the vehicle door is pivotable about a pivot axis at a first end of the vehicle door and comprises a lock distant from the pivot axis at a second end of the vehicle door; ([0041] door drive provides for power-operated door adjustment of the door and manual adjustment based on sensor information. Fig 1A, 1B door pivots about hinge at one end, which is a first axis, and includes lock at opposite end from pivot.)
an acceleration sensor configured to provide a measurement signal; ([0047] control device is connected to a sensors, including acceleration sensor 31, which measures acceleration.) and
an electronic control unit configured to, responsive to a manual adjustment of the vehicle door or after the manual adjustment of the vehicle door, ([0041], [0042], [0047], [0048] control device actuates door drive in different ways based on sensor information. Door is operated in both manual and powered modes and acceleration sensor determines operating event of user manually operating door, which is interpreted by control device including an interpretation of the door position. This determines at least whether the door is being closed or opened, which includes that the door is relatively open and being closed or relatively closed and being opened, all of which may be an adjustment position. Then door is actuated within permitted adjustment range using door drive and/or manual operation, which includes a subsequent activation of the door after a manual adjustment based on acceleration sensor measurements to pivot the door about the door’s pivot axis.)
determine an adjustment position of the vehicle door using the measurement signal, wherein the adjustment position is within a predetermined range of the vehicle door, ([0041], [0042], [0047], [0048] door is operated in both manual and powered modes and acceleration sensor determines operating event of user manually operating door, which is interpreted by control device including an interpretation of the door position. This determines at least whether the door is being closed or opened, which includes that the door is relatively open and being closed or relatively closed and being opened, all of which may be an adjustment position determined from the measured signal of the acceleration sensor. This is necessarily within a range of door fully open to door fully closed.)
generate a parameter value representative of the determined adjustment position, ([0047] sensor device determines how far the vehicle door is opened. This occurs over all adjustment positions of the door and is a parameter value representative of the relative door open or door closed status.) and
command the drive device to perform, based on the parameter value, a power operated adjustment of the vehicle door about the pivot axis from the determined adjustment position. ([0041], [0042], [0047], [0048] control device actuates door drive in different ways based on sensor information. Door is operated in both manual and powered modes and acceleration sensor determines operating event of user manually operating door, which is interpreted by control device including an interpretation of the door position. This determines at least whether the door is being closed or opened, which includes that the door is relatively open and being closed or relatively closed and being opened, all of which may be an adjustment position. Then door is actuated within permitted adjustment range using door drive and/or manual operation, which includes a subsequent activation of the door after a manual adjustment based on the parameter value of door position to pivot the door about the door’s pivot axis.)
Hermann does not teach:
an acceleration sensor disposed on or within the lock of the vehicle door
However, Johnson teaches a smart lock equipped with an accelerometer that may be installed within vehicle doors ([0022], [0122], [0145]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the door control system of Hermann, by incorporating the teachings of Johnson, such that the lock of the door of Hermann includes the accelerometer.
The motivation to do so is that, as acknowledged by Johnson, this allows for remote locking and unlocking of the door ([0022]) which one of ordinary skill would have recognized improves convenience of the driver and passengers.
In regards to claim 6, Hermann, as modified by Johnson, teaches the system of claim 1, wherein the electronic control unit is configured to generate and provide a control signal to the drive device, wherein the control signal is based on the measurement signal, wherein the drive device is configured to, responsive to receiving the control signal, ([0048] control unit varies activation of drive motor of door drive by adjusting duration or speed based on sensor information.)
at least partially decouple the vehicle door from a drive motor of the drive device, ([0041], [0047], [0048] when manual operation is detected from the sensors, the drive motor of the drive device may be decoupled.) or
vary an adjusting movement of the vehicle door as the vehicle door is adjusted. ([0048] vehicle door is actuated by door drive in different ways depending on the detected conditions and situation.)
In regards to claim 13, Hermann teaches a method of providing power-operated adjustment of a vehicle door of a vehicle, wherein the vehicle door is pivotable about a pivot axis at a first end of the vehicle door and the vehicle door comprises a lock distant from the pivot axis at a second end of the vehicle door, the method comprising: (Fig 4, [0041] door drive provides for power-operated door adjustment of the door and manual adjustment based on sensor information. Fig 1A, 1B door pivots about hinge at one end, which is a first axis, and includes lock at opposite end from pivot.)
receiving, by an electronic control unit, a measurement signal from the acceleration sensor, wherein the measurement signal is generated by the acceleration sensor during a manual adjustment of the vehicle door or after manual adjustment of the of the vehicle door; ([0041], [0042], [0047], [0061] control device is connected to a sensors, including acceleration sensor, including while a user manually adjusts the door. The door is operated in both manual and powered modes and the acceleration sensor determines an operating event of a user manually operating the door. This occurs along with step A1. This determines at least whether the door is being closed or opened, which includes that the door is relatively open and being closed or relatively closed and being opened, which is a measurement signal during or after a manual adjustment.)
determining an adjustment position of the vehicle door using the measurement signal, wherein the adjustment position is within a predetermined adjustment range of the vehicle door; ([0041], [0042], [0047], [0048] door is operated in both manual and powered modes and acceleration sensor determines operating event of user manually operating door, which is interpreted by control device including an interpretation of the door position. This determines at least whether the door is being closed or opened, which includes that the door is relatively open and being closed or relatively closed and being opened, all of which may be an adjustment position determined from the measured signal of the acceleration sensor. This is necessarily within a range of door fully open to door fully closed.)
generating a parameter value representative of the determined adjustment position; ([0047] sensor device determines how far the vehicle door is opened. This occurs over all adjustment positions of the door and is a parameter value representative of the relative door open or door closed status.) and
controlling, by the electronic control unit and based on parameter value, a drive device to provide power-operated adjustment of the vehicle door about the pivot axis from the determined adjustment position. ([0041], [0042], [0047], [0048] control device actuates door drive in different ways based on sensor information. Door is operated in both manual and powered modes and acceleration sensor determines operating event of user manually operating door, which is interpreted by control device including an interpretation of the door position. This determines at least whether the door is being closed or opened, which includes that the door is relatively open and being closed or relatively closed and being opened, all of which may be an adjustment position. Then door is actuated within permitted adjustment range using door drive and/or manual operation, which includes a subsequent activation of the door after a manual adjustment based on the parameter value of door position to pivot the door about the door’s pivot axis. [0061], [0062] this occurs in steps A2 and A3.)
Hermann does not teach:
wherein an acceleration sensor is disposed on or within the lock,
However, Johnson teaches a smart lock equipped with an accelerometer that may be installed within vehicle doors ([0022], [0122], [0145]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the door control method of Hermann, by incorporating the teachings of Johnson, such that the lock of the door of Hermann includes the accelerometer.
The motivation to do so is that, as acknowledged by Johnson, this allows for remote locking and unlocking of the door ([0022]) which one of ordinary skill would have recognized improves convenience of the driver and passengers.
In regards to claim 17, Hermann, as modified by Johnson teaches the method of claim 16.
Claim 17 recites a method having substantially the same features of claim 6 above, therefore claim 17 is rejected for the same reasons as claim 6.
Claims 4, 5, 16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hermann in view of Johnson, in further view of Voit et al. (DE 102016223701).
In regards to claim 4, Hermann, as modified by Johnson, teaches the system of claim 1.
Hermann, as modified by Johnson, does not teach: wherein the electronic control unit is configured to generate and provide a control signal to the drive device based on the measurement signal wherein the control signal is superimposed on a motor signal to control an electric drive motor of the drive device.
However, Voit teaches superimposing a signal on the driving motor to reduce the noise of the motor, where the motor controls a door of a vehicle (Page 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the door control system of Hermann, as already modified by Johnson, by incorporating the teachings of Voit, such that a superimposing signal is place on the driving motor of the drive device by the control unit.
The motivation to do so is that, as acknowledged by Voit, this allows for a reduction in noise (Page 8) and therefore an increase in comfort of the driver and occupants of the vehicle.
In regards to claim 5, Hermann, as modified by Johnson and Voit, teaches the system of claim 4.
Voit teaches superimposing a signal on the driving motor to reduce the noise of the motor, where the motor controls a door of a vehicle (Page 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the door control system of Hermann, as already modified by Johnson and Voit, by further incorporating the teachings of Voit, such that a superimposing signal is place on the driving motor of the drive device by the control unit providing active noise cancellation.
The motivation to do so is the same as acknowledged by Voit in regards to claim 4.
In regards to claim 16, Hermann, as modified by Johnson, teaches the method of claim 13.
Claim 16 recites a method having substantially the same features of claim 4 above, therefore claim 16 is rejected for the same reasons as claim 4.
In regards to claim 19, Hermann, as modified by Johnson, teaches the method of claim 13.
Claim 19 recites a method having substantially the same features of claim 5 above, therefore claim 19 is rejected for the same reasons as claim 5.
Claims 7 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Hermann in view of Johnson, in further view of Cumbo (US 20200270928).
In regards to claim 7, Hermann, as modified by Johnson teaches the system of claim 6.
Hermann, as modified by Johnson, does not teach: wherein the drive device is configured to, responsive to receiving the control signal, actuate an overload clutch of the drive device in order to at least partially decouple the vehicle door from the drive motor of the drive device.
However, Cumbo teaches operating an overload clutch to adjust a door of a vehicle based on a received control signal of the load on a door, allowing for pivoting of the door ([0015], [0038], [0087]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the door control system of Hermann, as already modified by Johnson, by incorporating the teachings of Cumbo, such that an overload clutch is actuated allowing for pivoting of the door, when control signals are received from the control device of Hermann based on the sensor information which at least partially decouples the door from the drive motor.
The motivation to do so is that, as acknowledged by Cumbo, this allows for a highly applicable power door operation that has a reduced cost and complexity ([0008]).
In regards to claim 18, Hermann, as modified by Johnson, teaches the method of claim 17.
Claim 18 recites a method having substantially the same features of claim 7 above, therefore claim 18 is rejected for the same reasons as claim 7.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hermann in view of Johnson and Cumbo, in further view of Fukui et al. (US 20130024076).
In regards to claim 8, Hermann, as modified by Johnson and Cumbo, teaches the system of claim 7.
Hermann, as modified by Johnson and Cumbo, does not teach: wherein drive device is configured to, responsive to receiving the control signal,
actuate a brake of the drive device and/or
open a motor terminal of an electric drive motor of the drive device to vary the adjusting movement of the vehicle door as the vehicle door is adjusted.
However, Fukui teaches incorporate a brake control portion that controls braking of a power door control of a vehicle at least based on the speed of the door ([0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the door control system of Hermann, as already modified by Johnson and Cumbo, by incorporating the teachings of Fukui such that the door drive of Hermann includes a brake control portion that actuates a brake of the door drive based on control signals from the control device of Herman from the sensor information.
The motivation to do so is that as acknowledged by Fukui, this prevents the doors from moving too fast ([0041]) which one of ordinary skill would have recognized either may cause damage or be dangerous, and thereby be uncomfortable for a driver or occupant.
Claims 23-25 are rejected under 35 U.S.C. 103 as being unpatentable over Hermann in view of Johnson, in further view of Non-patent Literature “Understanding the Servo Signal” (“Servo”).
In regards to claim 23, Hermann, as modified by Johnson, teaches the electronic control system of claim 1.
Herman, as modified by Johnson, does not teach:
wherein the electronic control unit is further configured to command an electric drive motor of the drive device via control signals having an S-shaped profile over time.
However, Servo teaches that an S-curve profile is widely used in many drive systems (Page 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the door control system of Hermann, as already modified by Johnson, by incorporating the teachings of Servo, such that an S-curve profile is used.
The motivation to use an S-curve profile is that, as acknowledged by Servo, this gives the smoothest response to large mechanical loads (Page 2).
In regards to claim 24, Servo teaches an S-curve profile of particularly a sigmoid function, is widely used in many drive systems (Page 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the door control system of Hermann, as already modified by Johnson and Servo, by further incorporating the teachings of Servo, such that particularly a sigmoid function is used.
The motivation to do so is the same as acknowledged by Servo in regards to claim 23.
In regards to claim 25, Hermann teaches an electronics system for use in a vehicle, the electronics system comprising: (Fig 1A, 1B, 2.)
a drive device including an electric drive motor for a power-operated adjustment of a vehicle door, wherein the vehicle door is pivotable about a pivot axis at a first end of the vehicle door and comprises a lock distant from the pivot axis at a second end of the vehicle door; ([0041] door drive provides for power-operated door adjustment of the door and manual adjustment based on sensor information. Fig 1A, 1B door pivots about hinge at one end, which is a first axis, and includes lock at opposite end from pivot.)
an acceleration sensor disposed on or within the vehicle door and configured to provide a measurement signal; ([0047] control device is connected to a sensors, including acceleration sensor 31, which measures acceleration.) and
an electronic control unit configured to, responsive to a manual adjustment of the vehicle door, or after the manual adjustment of the vehicle door: ([0041], [0042], [0047], [0048] control device actuates door drive in different ways based on sensor information. Door is operated in both manual and powered modes and acceleration sensor determines operating event of user manually operating door, which is interpreted by control device including an interpretation of the door position. This determines at least whether the door is being closed or opened, which includes that the door is relatively open and being closed or relatively closed and being opened, all of which may be an adjustment position. Then door is actuated within permitted adjustment range using door drive and/or manual operation, which includes a subsequent activation of the door after a manual adjustment based on acceleration sensor measurements to pivot the door about the door’s pivot axis.)
determine an adjustment position of the vehicle door using the measurement signal, wherein the adjustment position is within a permitted adjustment range of the vehicle door, ([0041], [0042], [0047], [0048] door is operated in both manual and powered modes and acceleration sensor determines operating event of user manually operating door, which is interpreted by control device including an interpretation of the door position. This determines at least whether the door is being closed or opened, which includes that the door is relatively open and being closed or relatively closed and being opened, all of which may be an adjustment position determined from the measured signal of the acceleration sensor. This is necessarily within a range of door fully open to door fully closed.)
generate a parameter value representative of the determined adjustment position; ([0047] sensor device determines how far the vehicle door is opened. This occurs over all adjustment positions of the door and is a parameter value representative of the relative door open or door closed status.)
generate a control signal based on the measurement signal; ([0041], [0042], [0047], [0048] control device actuates door drive in different ways based on sensor information. Door is operated in both manual and powered modes and acceleration sensor determines operating event of user manually operating door, which is interpreted by control device including an interpretation of the door position. This determines at least whether the door is being closed or opened, which includes that the door is relatively open and being closed or relatively closed and being opened, all of which may be an adjustment position. Then door is actuated within permitted adjustment range using door drive and/or manual operation, which includes a subsequent activation of the door after a manual adjustment based on the parameter value of door position to pivot the door about the door’s pivot axis. This requires generating a control signal and does so based upon the measurement signal from the acceleration sensor.) and
command, via a motor signal, the electric drive motor to perform, based on the measurement signal, a power operated adjustment of the vehicle door about the pivot axis from the determined adjustment position, ([0041], [0042], [0047], [0048] control device actuates door drive in different ways based on sensor information. Door is operated in both manual and powered modes and acceleration sensor determines operating event of user manually operating door, which is interpreted by control device including an interpretation of the door position. This determines at least whether the door is being closed or opened, which includes that the door is relatively open and being closed or relatively closed and being opened, all of which may be an adjustment position. Then door is actuated within permitted adjustment range using door drive and/or manual operation, which includes a subsequent activation of the door after a manual adjustment based on the parameter value of door position to pivot the door about the door’s pivot axis.)
Hermann does not teach:
an acceleration sensor disposed on or within the lock
wherein the control signal is superimposed on the motor signal to control the electric drive motor, or the control signal is generated to generate active noise cancellation of a noise generated by the electric drive motor when performing the power operated adjustment of the vehicle door.
However, Johnson teaches a smart lock equipped with an accelerometer that may be installed within vehicle doors ([0022], [0122], [0145]).
Further, Servo teaches that an S-curve profile is widely used in many drive systems particularly as this gives the smoothest response on large mechanical loads (Page 2). The smoothest response necessarily is generated to actively cancel signal noise when performing power operated adjustment.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the door control system of Hermann, by incorporating the teachings of Johnson and Servo, such that the lock of the door of Hermann includes the accelerometer and an S-curve profile is used in the control signal to drive the motor thereby actively cancelling noise within the signal when performing power operated adjustment of the door.
The motivation to incorporate the accelerometer in the lock is that, as acknowledged by Johnson, this allows for remote locking and unlocking of the door ([0022]) which one of ordinary skill would have recognized improves convenience of the driver and passengers. The motivation to use an S-curve profile is that, as acknowledged by Servo, this gives the smoothest response to large mechanical loads (Page 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kojima et al. (US 20150096233) teaches applying regenerative braking to a door power operation of a vehicle.
Cumbo (US 20190292818) teaches a vehicle door drive that selectively operates to maintain a position and disengages when manual operation is determined.
Xu et al. (CN 104453532) teaches a vehicle door with an acceleration sensor.
Non-patent Literature Shin et al. “Corrective Learning of Assistance Force for Opening/Closing of Automobile Door Based on Support Vector Machine” teaches motor assistance control for operating a vehicle door using a sigmoid function.
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/MATTHIAS S WEISFELD/Examiner, Art Unit 3661
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