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 .
Claims 1-7 are pending in the application.
Examiner’s Note: The examiner has cited particular passages including column and line numbers, paragraphs as designated numerically and/or figures as designated numerically 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 claims, other passages, paragraphs and figures of any and all cited prior art references may apply as well. It is respectfully requested from the applicant, in preparing an eventual response, to fully consider the context of the passages, paragraphs and figures as taught by the prior art and/or cited by the examiner while including in such consideration the cited prior art references in their entirety as potentially teaching all or part of the claimed invention. MPEP 2141.02 VI: “PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS."
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/08/2024, 01/29/2026 was filed after the mailing date of the first office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “transmitting elements”, “receiving elements”, “calculation unit”, “moving direction calculation unit”, “door opening and closing control unit” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Applicant’s written description has failed to provide sufficient description for the structures of the recited limitations “moving direction calculation unit”, “door opening and closing control unit” in claim 1, “a number calculation unit” in claim 5. The specification merely states the result to achieved (calculating a moving direction) without describing the acts or structure that perform the function. The specification further indicates that door operation may be adjusted based on a detected target’s movement. However, the specification does not disclose any specific control rules, decision logic, or state transitions that define how the moving direction and moving speed are used to control door operating and closing. The specification does not describe input, mathematical relationship, processing steps, or structure for the number calculation unit but merely stating that “a number is calculated”. The specification therefore fails to describe the structure or acts that perform the claimed control and calculation function.
Regarding claims 2-7, dependent claims inherit the deficiencies of their respective parent(s).
Claim Rejections - 35 USC § 112(b)
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 1-7 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.
Claim limitation “moving direction calculation unit”, “door opening and closing control unit” in claim 1 and “a number calculation unit” in claim 5 invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. These limitations are expressed in purely functional terms and do not recite any definite structure for performing the claimed functions. The terms “calculation unit” and “control unit” do no connote sufficiently definite structure to a person of ordinary skill in the art. Specification fails to disclose any corresponding structure, material, or acts that are clearly linked to performing the claimed function. The specification shows the corresponding units in fig. 1 but merely as black box1 units. See item 24, 30, and 63.
Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Regarding claims 2-7, dependent claims inherit the deficiencies of their respective parent(s).
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.
(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) 1-3, 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayata Kazuki JP 2011112600 (“Hayata”)2.
Regarding claim 1, Hayata a door opening and closing control device [SEE fig. 2-3] comprising:
one sensor [Fig. 1] configured to sense an entire detection region [SEE fig. 2 and 3], the sensor including one or more transmitting elements [a transmission antenna 3] configured to transmit a frequency modulated continuous wave (FMCW) type transmitted electromagnetic wave,
two or more receiving elements [5a, 5b are first and second receiving antennas] configured to receive a reflected electromagnetic wave obtained by the transmitted electromagnetic wave being reflected by a target, and
[0014] In FIG. 1, 1 is an oscillator that oscillates a high-frequency signal as a transmission signal, 2 is a transmission unit that transmits the transmission signal, 3 is a transmission antenna that radiates the transmission signal, 4 is a distributor that distributes a part of the transmission signal, 5a, 5b are first and second receiving antennas for receiving a signal radiated from the transmitting antenna 3 and reflected by the detected object, respectively, and 6a, 6b are first and second receiving antennas 5a, respectively. , 5b and the distribution signal from the distributor 4 to mix and output an intermediate wave signal, the first and second mixers 7a, 7b respectively include the first and second reception antennas 5a, 5b. First and second receiving and transmitting units 8 for transmitting the received signal received at 5b, and a signal processing unit 8 for performing arithmetic processing on the first and second intermediate wave signals. Reference numeral 11 denotes an amplifier inserted in the transmission unit 2 for amplifying a high-frequency signal oscillated from the oscillator 1, 12 denotes a terminator connected to the distributor 4, and 13a and 13b denote the first and first terminals, respectively. This is an intermediate-wave amplifier that amplifies the intermediate-wave signals output from the second mixers 6a and 6b.
[0015] (Transmitter) The oscillator 1 has a frequency modulation function. By using such an oscillator, the detection device can be detected by the FM-CW method.
a calculation unit [processing unit 8] configured to calculate a distance to the target, a moving speed of the target, and an angle of the target with respect to the sensor using the transmitted electromagnetic wave and the reflected electromagnetic wave;
[0030] (Signal processing unit) The signal processing unit 8 is connected to the first and second intermediate wave amplifiers 13a and 13b, and performs arithmetic processing of the first and second intermediate waves.
[0031] For example, the distance to the detected object is obtained from the sum of the frequencies of the first intermediate wave and the second intermediate wave, and the speed is obtained from the difference between the frequencies. Also, the size of the detected object can be detected from the reflection levels (amplitude) of the first intermediate wave and the second intermediate wave. Further, the azimuth of the detected object can be detected from the phase difference between the first intermediate wave and the second intermediate wave. Note that this phase difference is proportional to the detection angle.
[0032] In this way, by using two receiving antennas and using the FM-CW method, the speed, azimuth, distance, and size of the detected object can be detected by one detection device.
[0033] Note that a conventional detection device using an optical sensor, an infrared sensor, an ultrasonic sensor, or the like detects, for example, only the presence or absence of an object in a detection area of the sensor, and thus can obtain the above information. Did not. Further, even in a conventional detection device that performs detection using the Doppler effect of a high-frequency signal using one reception antenna, the above-described information cannot be obtained by one detection device, and a plurality of detection devices (System).
a moving direction calculation unit configured to calculate a moving direction of the target detected by the sensor; and
[0038] When the detected object is stationary, the difference between the first and second IF signals is 0 and the speed is detected as 0. Therefore, it is unnecessary even when a person is near the door. Door opening and closing can be suppressed.
[0039] In addition, since the speed of the detected object can be obtained from the difference between the first and second IF signals, the door can be opened and closed in accordance with the timing of the approaching person. Or keeping the door open longer than necessary for those traveling late. In other words, since the opening and closing time of the automatic door can be controlled by the walking speed of the intruder into the automatic door, there is no need for the pedestrian to match the opening and closing speed of the door, and the door can pass through the automatic door smoothly. Opening and closing time can be controlled efficiently. Thereby, it is safe, and it is possible to efficiently adjust the indoor air conditioning and the like, which can contribute to energy saving.
[0041] Further, the azimuth of the detected object can be detected from the phase difference between the first and second IF signals. If the amplitude increases and the frequency sum of the two IF signals increases without changing the phase difference, it can be determined that the intruder uses the automatic door. Conversely, if the phase difference between the two IF signals changes, it passes through the door and can be determined not to pass through the door (FIG. 3). In this way, it can be determined whether the detected object passes through the door or in front of the door, and the door can be opened and closed efficiently.
a door opening and closing control unit configured to control opening and closing of a door using the moving direction [approaching – par. 0039 and 0041] and the moving speed of the target [SEE par. 0039 above].
Regarding claim 2, Hayata discloses the door opening and closing control unit changes an opening and closing timing of the door according to the moving direction and the moving speed of the target [SEE par. 0038-0039 and 0041].
Regarding claim 3, Hayata discloses the door opening and closing control unit changes an opening and closing width of the door according to a position of the target [SEE par. 0040].
Regarding claim 7, Hayata discloses the door opening and closing control unit stops opening control of the door when the moving direction of the target is a moving direction not approaching the door after the opening control of the door [SEE par. 0039-0041].
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayata as applied to claim 1+3 above.
Regarding claim 4, Hayata teaches the system configured to adjust the opening and closing timing and the opening width of a horizontally opening door based on characteristics of the detected object such as speed and size, to improve safety and energy efficiency.
Hayata does not teach the door is opened and closed in an upper-lower direction, and wherein the door opening and closing control unit changes the opening and closing width of the door according to a height of the target serving as the position of the target. In other words, the door is control to open and close vertically. Nevertheless, it would have been obvious to one of ordinary skill in the art at the time of the invention was filed to modify the door opening and closing mechanism of Hayata from a horizonal sliding configuration to an upper-lower (vertical) opening configuration, and to control the opening width based on a height or vertical position of the detected target.
As recognized in the art, automatic doors may be configured to open in various directions, including horizontally or vertically, depending on installation constraints, architectural design, and safety requirements. Such a modification represents mere substitution of one known door opening mechanism for another, yielding predictable results.
Further, Hayata already teaches detecting object size from reflection levels of IF signals and adjusting the door opening width accordingly to reduce unnecessary opening and improve energy efficiency. One of ordinary skill in the art would have found it obvious to use the same detected information, or a height or vertical position derived therefrom, to control the opening width of a vertically opening door, since adjusting the opening extent based on the physical dimensions or position of the target is a known design consideration that similarly contributes to safety and energy savings.
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayata as applied to claim 1 above, and further in view of Kim Jung-baek KR102329347B1 (“Kim”).
Regarding claim 6, Hayata does not teach a number calculation unit configured to calculate the number of targets detected by the sensor, wherein the door opening and closing control unit changes an opening and closing width of the door according to the number of targets.
Kim teaches another automatic sliding door comprises a control unit transmitting an opening or closing signal to the sliding opening/closing unit and the hinged opening/closing unit according to a result of analyzing the sensor information received from the a sensor unit to automatically control opening/closing of the sliding door and the hinged door. Specifically, Kim teaches a number calculation unit configured to calculate the number of targets detected by the sensor, wherein the door opening and closing control unit changes an opening and closing width of the door according to the number of targets.
[page 9] For example, when the number of occupants is one, the control unit 580 sends an open signal to the sliding door opening/closing unit 100 to completely open the sliding door 50, or to open only a part of the sliding door 50 so that one person can enter and exit. can And, when the number of occupants is two or more, the control unit 580 sends an open signal to the sliding door opening and closing unit 100 and the sliding door opening and closing unit 200 to open both the sliding door 50 and the sliding door 40. At this time, it is possible to control the degree of opening of the hinged door 40 according to the number of people. Of course, the opening order is that the sliding door 50 is first opened and overlapping the sliding door 40, then the sliding door 40 is opened, and the closing order is the sliding door 40 is first closed and then the sliding door 50) is closed.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the control device of Hayata with a number calculation unit configured to calculate the number of targets detected by the sensor, wherein the door opening and closing control unit changes an opening and closing width of the door according to the number of targets. The motivation for doing so would has been to allow the number of targets to pass through the automatic door smoothly while contributing to energy saving [as suggested by Kim – SEE abstract and page 8].
Regarding claim 5, Hayata in view Kim teaches a number calculation unit configured to calculate the number of targets simultaneously detected by the sensor; and a passing target number output unit configured to determine whether the target is a target entering through the door or a target exiting from the door using the moving direction calculated by the moving direction calculation unit, and output the number of the targets entering through the door and the number of the targets exiting from the door.
[page 8 of Kim] The movement line analysis unit 550 analyzes whether the movement of the person determined to be a person by body recognition unit 540 is in the direction of entry/exit (perpendicular to the door) or in another direction (lateral direction parallel to the door) and determines the person as an entrant only when the movement is analyzed as the direction of entry and exit. Therefore, even if a person is judged to be human, if a simple pedestrian with no intention of entering or existing passes in front of the door, the door will not open.
Therefore, the door is opens and closes only when a person approaches in the entry/exit direction, the door opening and closing is efficient, energy consumption is reduced, and security can be maintained.
The occupant analysis unit 560 automatically recognizes the faces of entrants when it is determined by the movement analysis unit 550 as entrants and automatically analyzes the number of entrants.
[page 9 of Kim] The control unit 580 sends an opening/closing signal to the sliding door opening/closing unit 100 or the casement opening/closing unit 200 through the transmitter 590 to control the opening/closing operation of the sliding door 50 and the sliding door 40. Whether the sliding door opening/closing unit 100 or the sliding door opening/closing unit 200 is opened and closed and the opening setting time are determined according to the number of people analyzed by the analysis unit 560, and after the sliding door 50 or the sliding door 40 is opened When the open holding time measured from the timer unit 570 is received and compared with the open set time, when the open holding time reaches the open set time, it is closed to the sliding door opening/closing unit 100 or the hinged opening/closing unit 200 through the transmitter 590. By transmitting a signal, the sliding door 50 or the sliding door 40 is automatically closed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Pub. No. 2020/0268088 to Wegner et al. teach a method for operating a door actuator of a door system, having at least one movable door leaf and a control device, which is designed to control the drive of the door leaf, and having a sensor unit, which is designed to detect at least one person in a region before the door system, and transmits information about the person to the control device, includes at least the following steps: a) detecting a person approaching the door system laterally, b) identifying a parameter set (P) having the distance (A) changing in time, the approach angle (□) and/or the speed (S) of the person relative to the door system, c) determining the desire to enter of the person approaching laterally on the basis of a comparison of the currently identified parameters with stored parameters and d) opening the door leaf only in the case of the determined desire to enter.
U.S. Patent No. 12188289 to Wegner et al. teach a method for operating a door actuator of a door system, having at least one movable door leaf and having a control device, and having a sensor unit, configured to detect people in a region before the door system, and transmits information about the people to the control device, includes at least the following steps: detecting a first person and, calculating the probable arrival time thereof at the door leaf, calculating first control parameters to actuate the door leaf in relation to the first person, and detecting at least one second person, and calculating the probable arrival time thereof, calculating second control parameters to actuate the door leaf in relation to the second person, linking the first control parameters with the second control parameters to form a first control parameter set, and controlling the drive of the door leaf on the basis of the set.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VINCENT HUY TRAN whose telephone number is (571)272-7210. The examiner can normally be reached M-F 7:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kamini S Shah can be reached at 571-272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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VINCENT H TRAN
Primary Examiner
Art Unit 2115
/VINCENT H TRAN/Primary Examiner, Art Unit 2115
1 MPEP 2181 “Mere reference to a general purpose computer with appropriate programming without providing an explanation of the appropriate programming, or simply reciting "software" without providing detail about the means to accomplish a specific software function, would not be an adequate disclosure of the corresponding structure to satisfy the requirements of 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph… undefined component of a computer system (e.g., "access control manager"), "logic," "code," or elements that are essentially a black box designed to perform the recited function, will not be sufficient because there must be some explanation of how the computer or the computer component performs the claimed function. Blackboard, Inc. v. Desire2Learn, Inc., 574 F.3d 1371, 1383-85, 91 USPQ2d 1481, 1491-93 (Fed. Cir. 2009); Net MoneyIN, Inc. v. VeriSign, Inc., 545 F.3d 1359, 1366-67, 88 USPQ2d 1751, 1756-57 (Fed. Cir. 2008); Rodriguez, 92 USPQ2d at 1405-06.”
2 IDS filed on 03/08/2024