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 .
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim 15 is 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.
Claim 15 claims dependency back to claim 7, but then tries to limit the method that is set out in claim 8 and not the apparatus of claim 7. It appears that claim 15 should depend from claim 8 and not claim 7. For the purpose of examination, it has been treated as such.
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.
Claim(s) 1-6, 8-13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Craane (US 2022/0268073).
Regarding Claim 1, Craane discloses an open-roof assembly for covering or at least partly uncovering an opening in a vehicle roof, the open-roof assembly comprising a moveably arranged closure member 2a, a drive assembly 6, 7, 8 configured to move the closure member and a control unit 11 operatively coupled to the drive assembly and configured to control a movement of the closure member, wherein the control unit comprises a pinch detection unit 20 configured to detect a pinch of the closure member with an object, the pinch detection unit comprising a first pinch detection system 100, a second pinch detection system 200 and a predetermined reference (paragraph 0064; lines 1-3), the predetermined reference representing an undisturbed movement of the closure member, wherein the first pinch detection system comprises: a first tracker module (at step 101; Fig. 3B) configured to compare the movement of the closure member and the reference, the first tracker module allowing a first tolerance between movement and the reference (paragraph 0070); a first deviation module configured to determine a first deviation in movement by the closure member (paragraph 0070; step 103 in Fig. 3B), if the first tolerance is exceeded; and a first pinch determination module (step 104; Fig. 3B) configured to determine that a pinch occurs, if the first deviation in movement exceeds a first threshold; and wherein the second pinch detection system comprises: a second tracker module (at step 201; Fig. 3B) configured to compare the movement of the closure member and the reference, the second tracker module allowing a second tolerance between movement and the reference (paragraph 0071), the second tolerance being larger than the first tolerance; a second deviation module (paragraph 0071; step 203 in Fig. 3B) configured to determine a second deviation in movement by the closure member, if the second tolerance is exceeded; and a second pinch determination module (step 204; Fig. 3B) configured to determine that a pinch occurs, if the second deviation in movement exceeds a second threshold, the second threshold being smaller than the first threshold (paragraph 0071); and wherein the pinch detection unit is configured to determine that a pinch occurs if at least one of the first and the second pinch detection systems determines that a pinch occurs.
Regarding Claims 2 and 9, the second tolerance has been selected so high that pinch of the closure member with a soft object having a stiffness smaller than a predetermined stiffness is not detected by the second pinch detection system (paragraph 0065).
Regarding Claims 3, 4, 10 and 11, the predetermined stiffness is equal to or larger than 10-15 N/mm (paragraph 0006; lines 17-19).
Regarding Claims 5 and 12, the reference represents a force exerted by the closure member as a function of a position of the closure member during undisturbed movement (paragraph 0055) and wherein the movement of the closure member corresponds to an actual force at an actual position of the closure member (paragraph 0055 and Fig. 2C).
Regarding Claims 6 and 13, the actual force is determined based on one or more properties and parameters of the drive assembly (paragraph 0054).
Regarding Claim 8, Craane discloses a method of detecting a pinch of a moveably arranged closure member 2a of an open-roof assembly, the method comprising: a) comparing a movement of the closure member and a reference, while allowing a first tolerance between the movement and the reference (paragraph 0070); and b) determining a first deviation in movement by the closure member, if the first tolerance is exceeded in step a) (paragraph 0070; step 103 in Fig. 3B); c) determining that a pinch occurs, if the first deviation in movement exceeds a first threshold in step b) (step 104; Fig. 3B); and d) comparing the movement of the closure member and the reference, while allowing a second tolerance between the movement and the reference (paragraph 0071), the second tolerance being larger than the first tolerance; e) determining a second deviation in movement by the closure member, if the second tolerance is exceeded in step d) (paragraph 0071; step 203 in Fig. 3B); and f) determining that a pinch occurs, if the second deviation in movement exceeds a second threshold in step e), the second threshold being smaller than the first threshold (step 204; paragraph 0071).
Regarding Claim 15, Craane includes a computer readable storage medium to execute the instructions of the system (paragraph 0024-0026).
Allowable Subject Matter
Claims 7 and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claims 7 and 14, the applicant’s use of a third pinch detection system coupled to the second pinch detection system in order to monitor and adjust the threshold of the second pinch detection circuit, is novel.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art relates to vehicle closures and the associated pinch detection systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON S DANIELS whose telephone number is (571)270-1167. The examiner can normally be reached Monday - Thursday 7:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON S DANIELS/Primary Examiner, Art Unit 3612