DETAILED ACTION
This is a non-final Office Action on the merits. Claims 1-20 are currently pending and are addressed below.
Information Disclosure Statement
The information disclosure statement (IDS) submitted is being considered by the examiner.
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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Claim Objections
Claims 5 and 7 are objected to because of the following informalities: The terms “and/or” is used however the claim can just be understood to only encompass one of the “or” statements without further considering alternative limitations as “or” only indicates one or the other. Further all possible and/or combinations have to be fully disclosed within the specification. Any missing combination not described in the specification would then have to be rejected due to lack of written description. Examiner recommends to use either “and” or “or” where necessitated. Additionally, when combining multiple “and/or” limitations, it becomes unclear to what combinations of limitations are to be considered within the claim language.
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 3, 9, 14 and 19 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 pre-AIA the applicant regards as the invention.
In the art rejections below the claims have been treated as best understood by the examiner. Any claim not explicitly rejected under this heading is rejected as being dependent on an indefinite claim.
Wherein claim 3 recites “reaching of a secondary pre-locked state” in line 2, is unclear. Claim 3 is dependent on claim 1. There is no “first” pre-locked state disclosed by the claims. How is there a secondary state without a first pre-locked state? To promote prosecution, the claim is understood to have some locking state components.
Wherein claim 9 recites “and/or” in line 4 (twice) is rejected based on clarity. When multiple “and/or” statements are made, it is no longer clear to which combinations are required by the claim language. Further all possible and/or combinations have to be disclosed within the specification. Examiner recommends to use either “and” or “or” where necessitated.
Claim 19 is rejected by the same rationale as claim 9 above. To promote prosecution, the claim is understood to have at least one of the disclosed sensors.
Examiner's Note
Examiner has cited particular paragraphs / columns and line numbers or figures in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicants' definition which is not specifically set forth in the claims.
Claim Rejections - 35 USC § 103
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.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over machine translation of DE 102008042183 (“Kobe”).
As per claim 1 Kobe discloses a method for operating a flap assembly of a motor vehicle, the flap assembly having a flap which can be adjusted via flap kinematics, a drive assembly for the motorized adjustment of the flap, a motor vehicle lock associated with the flap, and a flap sensor assembly for identifying a flap position of the flap [¶ 1 relates to a device for opening and closing… in particular a trunk lid, a hood… , ¶ 10 This is achieved by braking the part during normal adjustment operation by the motor drive. This prevents the part from hitting an end stop at too high a speed, ¶ 11 the braking of the moving part is achieved by actively controlling the motor drive]
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wherein the drive assembly has at least one drive which is restorably movement coupled to the flap, with an electric drive motor, wherein the motor vehicle lock fixes the flap in a closed position in a main locked state, wherein the drive motor activated by a drive control system of the drive assembly depending on the identified flap position [¶ 10 This is achieved by braking the part during normal adjustment operation by the motor drive. This prevents the part from hitting an end stop at too high a speed, ¶ 11 the braking of the moving part is achieved by actively controlling the motor drive, Fig. 1],
wherein when the identified flap position reaches a predetermined braking initiation position situated before an end position in a movement procedure of the flap, the drive is activated in a braking routine by the drive control system in such a way that the drive assembly produces a motorized braking effect [¶ 10 This is achieved by braking the part during normal adjustment operation by the motor drive. This prevents the part from hitting an end stop at too high a speed , ¶ 11 the braking of the moving part is achieved by actively controlling the motor drive].
The current invention is disclosed by an application that is derived from a foreign parent application. The prior art additionally is derived from a foreign application. The Examiner discloses the prior art as best understood with claim interpretations under BRI. Although the language of both the current application and prior art may use some convoluted verbiage, it would have been obvious to one of ordinary skill in the art before the effective filing date the invention was made that any variations of language would be obvious interpretations, as the control schemes would still adequately close a vehicle flap in a manner that maintains safety for the vehicle by minimizing excessive forces.
As per claim 10 Kobe discloses a drive control system for operating a flap assembly of a motor vehicle, the flap assembly having a flap which can be adjusted via flap kinematics, a drive assembly for the motorized adjustment of the flap, a motor vehicle lock associated with the flap, and a flap sensor assembly for identifying a flap position of the flap [¶ 1 relates to a device for opening and closing… in particular a trunk lid, a hood… , ¶ 10 This is achieved by braking the part during normal adjustment operation by the motor drive. This prevents the part from hitting an end stop at too high a speed, ¶ 11 the braking of the moving part is achieved by actively controlling the motor drive],
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wherein the drive assembly has at least one drive which is restorably movement coupled to the flap, with an electric drive motor, wherein the motor vehicle lock fixes the flap in a closed position in a main locked state, wherein the drive control system activates the drive motor of the drive assembly depending on the identified flap position[[¶ 10 This is achieved by braking the part during normal adjustment operation by the motor drive. This prevents the part from hitting an end stop at too high a speed, ¶ 11 the braking of the moving part is achieved by actively controlling the motor drive, Fig. 1],
wherein when the identified flap position reaches a predetermined braking initiation position situated before an end position in a movement procedure of the flap, the drive control system activates the drive motor in a braking routine in such a way that the drive assembly produces a motorized braking effect [¶ 10 This is achieved by braking the part during normal adjustment operation by the motor drive. This prevents the part from hitting an end stop at too high a speed , ¶ 11 the braking of the moving part is achieved by actively controlling the motor drive].
The current invention is disclosed by an application that is derived from a foreign parent application. The prior art additionally is derived from a foreign application. The Examiner discloses the prior art as best understood with claim interpretations under BRI. Although the language of both the current application and prior art may use some convoluted verbiage, it would have been obvious to one of ordinary skill in the art before the effective filing date the invention was made that any variations of language would be obvious interpretations, as the control schemes would still adequately close a vehicle flap in a manner that maintains safety for the vehicle by minimizing excessive forces.
As per claim 2 Kobe discloses further wherein the braking initiation position corresponds to the reaching of a primary pre-locked state of the motor vehicle lock, which is provided to fix the flap in a partially locked position by the motor vehicle lock [¶ 14 To prevent the moving part from impacting at too high a speed, the speed of the part is measured, and if a predefined speed threshold is exceeded, the moving part is actively braked (pre-locked/partially locked is a broad concept, slowing/braking being activated would be understood as partially locked, as in the movement is not fully locked, just partially, for slowing down the motion, not stopping it), ¶ 15 The entire adjustment range of the moving part can be divided into different adjustment ranges, whereby the moving part is then only braked in certain adjustment ranges. For example, the active braking function can only be provided in the two end areas – before the part hits a stop in the frame of the opening].
As per claim 3 Kobe discloses further wherein the braking initiation position corresponds to the reaching of a secondary pre-locked state of the motor vehicle lock in which the beginning of a motorized shutting procedure of the motor vehicle lock via a locking auxiliary drive is provided [¶ 15 The entire adjustment range of the moving part can be divided into different adjustment ranges, whereby the moving part is then only braked in certain adjustment ranges. For example, the active braking function can only be provided in the two end areas – before the part hits a stop in the frame of the opening, ¶ 16 The speed threshold can be predefined according to the specific application or be variable depending on the adjustment range of the part. This allows, for example, the optimization of braking directly before the mechanical stop of the part (see also 112 rejections)].
As per claim 4 Kobe discloses further wherein the braking routine is carried out depending on a movement criterion being met by movement values identified by the flap sensor assembly [¶ 14 To prevent the moving part from impacting at too high a speed, the speed of the part is measured, and if a predefined speed threshold is exceeded, the moving part is actively braked].
As per claim 5 Kobe discloses further wherein the braking routine is performed depending on an operating mode of the drive assembly, wherein the braking routine is performed when there is manual adjustment, provided as an operating mode, of the flap, wherein the braking routine is performed in a motorized assistance routine, provided as an operating mode, for manual adjustment of the flap, and/or wherein the braking routine is modified, in particular suppressed or terminated, in a motorized adjustment routine provided as an operating mode [¶ 13 In order to allow the movable part to be adjusted even without a motor drive or in addition to the motor drive, the drive or its gearbox is designed in such a way that an additional external drive force – for example, manual – can be superimposed on the motor drive force].
As per claim 6 Kobe discloses further wherein the activation of the drive motor in the braking routine is performed depending on movement values of the flap which are identified by the flap sensor assembly [¶ 14 To prevent the moving part from impacting at too high a speed, the speed of the part is measured, and if a predefined speed threshold is exceeded, the moving part is actively braked, ¶ 16 The speed threshold can be predefined according to the specific application or be variable depending on the adjustment range of the part. This allows, for example, the optimization of braking directly before the mechanical stop of the part].
As per claim 7 Kobe discloses further wherein the activation of the drive motor in the braking routine is performed by the drive control system by operation of the drive motor as a short-circuit brake and/or applying electric drive power to the drive motor counter to the direction of movement of the flap [¶ 17 Accordingly, a switching relay can be controlled that continuously or only intermittently short-circuits the electric motor].
As per claim 8 Kobe discloses further wherein the braking initiation position is predetermined depending on movement values of the flap which are identified by means of the flap sensor assembly [¶ 15 The entire adjustment range of the moving part can be divided into different adjustment ranges, whereby the moving part is then only braked in certain adjustment ranges. For example, the active braking function can only be provided in the two end areas – before the part hits a stop in the frame of the opening].
As per claim 9 Kobe discloses further wherein the flap sensor assembly has at least one of: a state sensor for the motor vehicle lock, an incremental path sensor, for the flap and/or the drive; and/or a drive value sensor for the drive motor [¶ 20 For example, a signal from a magnetic signal transmitter can be detected using a magnetic field-sensitive sensor, and the position or angle of rotation of the moving part can thus be deduced from the speed of the motor].
As per claim 11 Kobe discloses further wherein a motorized adjustment routine is provided as an operating mode in which the drive control system activates the drive motor for motorized adjustment [¶ 20 The position detection for determining the adjustment path and the movement speed of the part is advantageously carried out via the speed detection of the electric motor. For example, a signal from a magnetic signal transmitter can be detected using a magnetic field-sensitive sensor, and the position or angle of rotation of the moving part can thus be deduced from the speed of the motor].
As per claim 12 Kobe discloses further wherein the drive assembly having at least one drive which, in the assembled state, is restorably movement-coupled to the flap, with an electric drive motor and a drive control system as claimed in claim 10 [¶ 2 A control system operates a drive that moves the flap between an open position and a closed position (teaching art), ¶ 10 This is achieved by braking the part during normal adjustment operation by the motor drive.].
As per claim 13 Kobe discloses further wherein the flap assembly for a motor vehicle, wherein the flap assembly is configured for carrying out the method as claimed in claim 1 [see rejections for claim 1].
As per claim 14 Kobe discloses further wherein the motorized shutting procedure is modified as the braking routine is carried out [¶ 16 The speed threshold can be predefined according to the specific application or be variable depending on the adjustment range of the part].
As per claim 15 Kobe discloses further wherein the braking routine is carried out depending on a movement criterion being met by movement values identified by the flap sensor assembly depending on the exceeding of a predetermined minimum speed [¶ 14 To prevent the moving part from impacting at too high a speed, the speed of the part is measured, and if a predefined speed threshold is exceeded, the moving part is actively braked].
As per claim 16 Kobe discloses further wherein the existence of manual adjustment is monitored by the drive control system on the basis of the movement criterion [¶ 13 In order to allow the movable part to be adjusted even without a motor drive or in addition to the motor drive, the drive or its gearbox is designed in such a way that an additional external drive force – for example, manual – can be superimposed on the motor drive force].
As per claim 17 Kobe discloses further wherein a higher motorized braking effect can be effected for higher movement values of the flap [¶ 14 To prevent the moving part from impacting at too high a speed, the speed of the part is measured, and if a predefined speed threshold is exceeded, the moving part is actively braked, ¶ 16 The speed threshold can be predefined according to the specific application or be variable depending on the adjustment range of the part. This allows, for example, the optimization of braking directly before the mechanical stop of the part, ¶ 20 The position detection for determining the adjustment path and the movement speed of the part is advantageously carried out via the speed detection of the electric motor].
As per claim 18 Kobe discloses further wherein a braking initiation position spaced further apart from the end position in a movement procedure of the flap is predetermined for higher movement values of the flap [¶ 14 To prevent the moving part from impacting at too high a speed, the speed of the part is measured, and if a predefined speed threshold is exceeded, the moving part is actively braked, ¶ 16 The speed threshold can be predefined according to the specific application or be variable depending on the adjustment range of the part. This allows, for example, the optimization of braking directly before the mechanical stop of the part].
As per claim 19 Kobe discloses further wherein the state sensor for the motor vehicle lock comprises a pawl sensor and/or lock latch sensor; wherein the incremental path sensor comprises a Hall effect sensor; and wherein the drive value sensor comprises a drive current sensor and/or a drive voltage sensor [¶ 20 Preferably, a Hall sensor system is used, ¶ 23 For example, a control unit 22 of the electric motor 20 has a pulse width modulation (PWM) (understood as a type of current sensor/controller) (see further 112 rejection)].
As per claim 20 Kobe discloses further wherein the drive control system performs the braking routine depending on the operating mode of the drive assembly, and wherein the drive control system modifies the braking routine in the motorized adjustment routine [¶ 13 In order to allow the movable part to be adjusted even without a motor drive or in addition to the motor drive, the drive or its gearbox is designed in such a way that an additional external drive force for example, manual can be superimposed on the motor drive force (combo/manual operation mode, creates unique braking routine). This additional external driving force increases the speed at which the part moves within the adjustment range, ¶ 15 The entire adjustment range of the moving part can be divided into different adjustment ranges, whereby the moving part is then only braked in certain adjustment ranges. For example, the active braking function can only be provided in the two end areas – before the part hits a stop in the frame of the opening].
Additional Art to Consider
Application Pub. No. 20220316259 titled, AUTOMATIC CONTROL OF A POWER TAILGATE UNDER EXTERNAL LOADING, also discloses a powered tailgate that utilizes a control scheme for driving a actuator to further brake motions. This is similar to the Applicant’s invention in that Applicant’s on an actuated flap of a vehicle that controls motions of the flap with braking operations.
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 PAUL A CASTRO whose telephone number is (571)272-4836. The examiner can normally be reached on 10-6pm on campus.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jelani Smith can be reached on 5712703969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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PAUL A. CASTRO
Examiner
Art Unit 3662
/P.A.C/ Examiner, Art Unit 3662
/JELANI A SMITH/ Supervisory Patent Examiner, Art Unit 3662