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 .
Claim Rejections - 35 USC § 103
1. 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
2. Claims 1-19 rejected under 35 U.S.C. 103 as being unpatentable over Kawai (WIPO Patent Application Publication # WO 2018/109925) in view of Kemper et al. (German Patent Application Publication # DE 10 2019 211 776)
Regarding claims 1 and 11, Kiwai discloses a method for operating a door arrangement of a motor vehicle with a door which can be adjusted via a door kinematic system, the door arrangement comprising a control arrangement (110) for actuating a drive arrangement (109) with at least one electric drive and a sensor arrangement (111, 205) for detecting operator actions, a plurality of predefined operating actions being provided to trigger an actuating function of the door arrangement (P52, 23, 26, etc),
the occurrence of at least one of the predefined operator actions being monitored by means of the control arrangement on the basis of the detection via the sensor arrangement, and the drive arrangement being actuated, in a manner which is dependent on the occurrence, to provide the actuating function of the door arrangement (P23, 26, etc) by motor (P23, 26, etc: implicit), the output of an operator information item which contains an indication to the operator of at least one of the predefined operator actions being carried out being caused by the control arrangement (P25-26, etc),
wherein the predefined operator actions are assigned respective boundary conditions to be met, wherein at least one of the predefined operator actions is selected as recommended operator action by means of the control arrangement based on the assignment and the given boundary conditions, and wherein the indication of the operator information item is directed at the at least one recommended operator action being carried out (P77-78, etc).
Kiwai does not explicitly disclose that the actuating function of the door arrangement is by motor.
In the same field of endeavor, Kemper discloses that the actuating function of the door arrangement is by motor (P2-3, etc).
It would have been obvious before the effective filing date of the claimed invention to modify Kiwai to use a motor, as taught by Kemper, in order to mechanically actuate the door, with predictable results.
Regarding claim 2, Kiwai further discloses that at least one operator gesture, a contact of a component of the door arrangement by the operator, the actuation of an actuating element of the door arrangement, a manual door movement
Regarding claim 3, Kiwai further discloses that the change in a locked state of a motor vehicle loc
Regarding claim 4, Kiwai further discloses that the boundary conditions relate to the vehicle situation of the motor vehicle
Regarding claim 5, Kiwai further discloses that the boundary conditions relate to the surroundings situation of the motor vehicle (P84, etc).
Regarding claim 6, Kiwai further discloses that the output of the operator information item on a visual display apparatuscontrol arrangement
Regarding claim 7, Kiwai further discloses that the visual display apparatus comprises at least a first display field for identifying an execution area of an operator gesture and at least a second display field for identifying an actuating area for the operator (P25-26, 78, 85, 108, etc)
Regarding claim 8, Kiwai further discloses that an operator default, in which at least one of the predefined operator actions is stored as preferred operator action, is provided for the predefined operator actions, and wherein, if the preferred operator action is categorized as one of the recommended operator actions, the operator information item contains an indication to carry out the preferred operator action (P84, etc).
Regarding claim 9, Kiwai further discloses that the operator default is determined by an operator input, in a manner which is dependent on an operator authorization which is assigned to the operator and/or which is dependent on the position of the door on the motor vehicle (P84, etc).
Regarding claim 10, Kiwai further discloses that the operator default contains, furthermore, an output default for outputting the operator information item (P84, etc)
Regarding claim 12, Kiwai further discloses a motor vehicle configured to carry out a method as claimed in claim 1 (abstract, etc).
Regarding claim 13, Kiwai further discloses that the motorized adjustment of the door comprises motorized raising, motorized opening or motorized closing of the door (Kemper P2-3, etc).
Regarding claim 14, Kiwai further discloses that the vehicle situation comprises the presence of a crash state, the charging state of an energy store of the motor vehicle, an inclination of the motor vehicle or the state of components of the door arrangement (P77-78, etc).
Regarding claim 15, Kiwai further discloses that the surroundings situation of the motor vehicle comprise the space which is available in the region of the door arrangement and/or the presence of obstacles in the region of the door arrangement, (P84, etc)
Regarding claim 16, Kiwai further discloses that the surroundings situation is detected at least partially by the sensor arrangement (P84, etc).
Regarding claim 17, Kiwai further discloses that the visual display apparatus is arranged on an actuating element (P25-26, 78, 85, 108, etc).
Regarding claim 18, Kiwai further discloses that a combined actuation of the first display field and the second display field is used to identify a contact area for the operator (P25-26, 78, 85, 108, etc).
Regarding claim 19, Kiwai further discloses that the output default relates to a light sequence and/or color to be output for the visual display apparatus (P25-26, 78, 85, 108, etc: color implicit from display, even if it is a single color).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHELLEY CHEN whose telephone number is (571)270-1330. The examiner can normally be reached Mondays through Fridays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Erin Bishop can be reached at (571) 270-3713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Shelley Chen/
Patent Examiner
Art Unit 3665
December 27, 2025