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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/05/2026 has been entered.
Response to Arguments
Applicant’s arguments, filed 12/22/2025, with respect to the rejection(s) of the claim(s) under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 35 USC 112.
Claims 1, 2, 5-11, and 14-18 are pending; claims 4, 13, and 20 were previously canceled; claims 3, 12, and 19 have been currently canceled; and claims 1, 5, 10, 14, and 18 have been amended.
Examiner’s Note: The Examiner would like to point out that multiple calls were placed to Applicant’s representatives, and messages left to let them know that if the independent claims were amended (to overcome 35 USC 112 rejections) the case would be in condition for Allowance. The amendments are:
Changing (within the independent claims 1, 10, and 18) the limitation of “second sensor” to an “additional sensor” since a “first sensor” was never stated within the claim language.
Adding the limitation of dependent claim 2 to independent claim 1; adding the limitation of dependent claim 11 into independent claim 10; and the limitation from dependent claim 2 or 11 into independent claim 18.
And lastly, add to the independent claims 1, 10, and 18 the limitation “wherein the wiper control module activates the wipers”.
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 1, 10, and 18 (and thus dependent claims 2, 5-9, 11, and 14-17) 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. Claims 1, 10, and 18 state “a second sensor”, however, a “first sensor” is never stated within the claim language and thus makes “a second sensor” indefinite. Appropriate correction (such as discussed above) is required.
Claims 1, 10, and 18 (and thus dependent claims 2, 5-9, 11, and 14-17) 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. Claims 1, 10, and 18 state “receive, from a second sensor of the vehicle, information about presence of rainfall in the vicinity of the vehicle and perform a predefined action based on the presence of the droplet and presence of rainfall in the vicinity of the vehicle, wherein the predefined action includes sending a signal to a wiper control module of the vehicle”. The “sending a signal to a wiper control module of the vehicle” fails to particularly point out and distinctly claim the subject matter, since the signal could be anything. Since the claim states that a droplet presence is determined and that presence of rainfall in the vicinity of the vehicle is received, the signal should be to “activate the wipers” as discussed in Applicant’s Specification as filed ([0066]). Appropriate correction is required.
Allowable Subject Matter
The claims would be Allowable if (as stated above):
Changing (within the independent claims 1, 10, and 18) the limitation of “second sensor” to an “additional sensor” since a “first sensor” was never stated within the claim language.
Adding the limitation of dependent claim 2 to independent claim 1; adding the limitation of dependent claim 11 into independent claim 10; and the limitation from dependent claim 2 or 11 into independent claim 18.
And lastly, add to the independent claims 1, 10, and 18 the limitation “wherein the wiper control module activates the wipers”.
Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J VANCHY JR whose telephone number is (571)270-1193. The examiner can normally be reached Monday - Friday 9am - 5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emily Terrell can be reached at (571) 270-3717. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL J VANCHY JR/Primary Examiner, Art Unit 2666 Michael.Vanchy@uspto.gov