DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
2. This office action is in response to application number 18/699,612 filed on 04/09/2024,
and the amendments and arguments filed on 11/21/2025.
Claims 1, 8, and 13 have been amended.
No claims have been added.
Claim 2 and 10 has been cancelled.
Claims 1, 3-9, and 11-18 are currently pending and have been examined.
Response to Amendment
3. Applicant' s amendments to the Claims have overcome each and every objection previously set forth in the Non-Final Office Action mailed 08/25/2025. Applicants arguments, see page 6-13 filed on 11/21/2025, with respect to the rejection of claims 1-18 under 35 USC 103 have been fully considered and persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds or rejection is made under 35 USC §102(a)(1) as being clearly anticipated by Hohn (US 6388410 B1) with regards to claims 1, 3-9, 11-15 and 18. Claims 16 is rejected under 35 USC §103 as necessitated by amendment over Hohn (US 6388410 B1) in view of (US 9384647 B1) to Arnold et al. (hereinafter Arnold). Finally, Claim 17 is rejected over 35 USC §103 as necessitated by amendment over Hohn (US 6388410 B1) in view of Lee (KR 20220161635 A).
Priority
4. Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C 119
(a)-(d). The certified copy has been filed in parent Application No.DE102021126465.0 filed on 10/13/2021.
Information Disclosure Statement
5. The information disclosure statement (IDS) submitted on 04/09/2024 has been received
and considered.
Claim Rejections - 35 USC § 102
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.
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.
6. Claims 1, 3-9, 11-15 and 18 are rejected under 35 USC §102(a)(1) as being clearly anticipated by Hohn (US 6388410 B1).
Regarding claim 1, Hohn discloses A method for controlling movements of at least one motor vehicle door of a parked motor vehicle, comprising the steps of: (Hohn Column 1, line number 54-Column 2, line number 5: “According to the invention the is also provided a method for monitoring an interior space which is closed off by a locked and/or manually non-unlockable door, flap, sliding sunroof or the like, for example a passenger compartment or luggage compartment of a motor vehicle, with respect to living entities enclosed therein and the quality of their living environment, a first sensor evaluation arrangement interacting with at least one sensor outputting a first signal to a control circuit if there are living entities in the interior space, and a second sensor evaluation arrangement interacting with at least one sensor outputting a second signal to the control circuit if the living conditions change in the direction of life- and/or health-threatening circumstances, at least one actuator which is connected to the control circuit and acts on a motor-actuatable closure of the door, flap, sliding sunroof or the like being activated by the control circuit for the purpose of opening, unlocking or rendering unlockable the door, flap or the like when both the first and the second signal have been output.”) determining a presence of at least one living being inside the motor vehicle using at least a first sensor; (Hohn Column 4, line number 47-50: “a first sensor evaluation arrangement outputting a first signal to the control circuit if there are living entities in the interior space,”) detecting an increase in temperature inside the motor vehicle using a second sensor; (Hohn Column 1 line number 40-47: “and a second sensor evaluation arrangement outputting a second signal to the control circuit if the living environment changes in the direction of life- and/or health-threatening states,”) (Hohn Column 3, line number 42-44: “In addition, it is possible to provide a temperature sensor which, in an advantageous manner, is connected only to the second sensor evaluation arrangement.”) and evaluating with a control unit sensor signals from the first sensor and the second sensor and actuating, an actuator to open the motor vehicle door based on the evaluating by the control unit; (Hohn Column 1, line number 47-53: “at least one actuator connected to the control circuit acting on a motor-actuatable closure of the door, flap, sliding sunroof or the like, which is activated by the control circuit for the purpose of opening, unlocking or rendering unlockable the door, flap or the like when both the first and the second signal have been output.”) wherein the actuator comprises an opening device that opens the motor vehicle door when actuated by the control unit to a pre-opening position to ventilate an interior of the motor vehicle, (Hohn Column 2, line number 50-64: “It is furthermore provided that the living condition monitoring sensor evaluation arrangement comprises a plurality of sensors. These sensors may even be the same sensors that are interrogated by the living entity recognition sensor evaluation arrangement. They may, in particular, be different types of sensors, in particular carbon dioxide or oxygen concentration sensors, sound and/or temperature sensors. In this case, too, it is again provided that the sensor evaluation arrangement relates a plurality of signals output by the individual sensors to one another and outputs the second signal when this relationship exceeds or falls below a limit value. This relationship may also be a purely logical relationship. In other words, the second signal is output when at least two of these sensors output a signal that exceeds a limit value.”) (Hohn Column 4, line number 9-10: “The control circuit activates one or all of the actuators 1-6 when both signals are present simultaneously.”) (Hohn Column 4, line number 24-26: “In addition, it is provided that the actuators activate a pull-shut aid disposed in the lock in such a way that they open the door or flap slightly.”)
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and wherein the second sensor is an interior temperature sensor that detects temperature in the interior of the motor vehicle. (Hohn Column 3, line number 42-44: “In addition, it is possible to provide a temperature sensor which, in an advantageous manner, is connected only to the second sensor evaluation arrangement.”) (Hohn Column 3, line number 63-66: “The living environment, that is to say the physical parameters of the atmosphere of the interior space, is monitored by the second sensor evaluation arrangement.”)
Regarding claim 3, Hohn discloses The method in accordance with claim 1, wherein the opening device is at least partially integrated into a motor vehicle lock of the motor vehicle door. (Hohn Column 4, line number 24-26: “In addition, it is provided that the actuators activate a pull-shut aid disposed in the lock in such a way that they open the door or flap slightly”)
Regarding claim 4, Hohn discloses The method in accordance with claim 1, wherein the motor vehicle includes a plurality of motor vehicle doors each having a respective opening device, and the control unit actuates the respective opening device of all or a selected number of the plurality of motor vehicle doors of the motor vehicle, the selected number including more than one of the plurality of motor vehicle doors. (Hohn Column 4, line number 9-10: “The control circuit activates one or all of the actuators 1-6 when both signals are present simultaneously.”) (Hohn Column 4, line number 11-21: “The actuators 1-6 act, in particular, on the closures of the doors or flaps on the motor vehicle and transfer them from one operating state to another in the event of the corresponding application of a signal by the control circuit. In particular, it is provided that the control circuit outputs activation signals to the actuators 1-6 only when the closures are in a so-called safety position, in which the closures can be manually actuated neither from the inside nor from the outside. In that case, the actuators 1-6 put these closures into an operating state such that the closures can be opened at least by the actuation of an internal handle.”)
Regarding claim 5, Hohn discloses The method in accordance with claim 1, wherein the control unit unlocks and/or opens a motor vehicle lock of the motor vehicle door before the opening device is actuated to open the motor vehicle door. (Hohn Column 1, line number 47-53: “at least one actuator connected to the control circuit acting on a motor-actuatable closure of the door, flap, sliding sunroof or the like, which is activated by the control circuit for the purpose of opening, unlocking or rendering unlockable the door, flap or the like when both the first and the second signal have been output.”)
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Regarding claim 6, Hohn discloses The method in accordance with claim 1, wherein the control unit detects the increase in temperature inside the motor vehicle over time with the second sensor and determines a temperature gradient, the opening device only being actuated when a certain preset gradient and/or a predetermined threshold value of the temperature is exceeded. (Hohn Column 3, line number 66-Column 4, line number 8: “The monitoring is targeted in particular at the progression of the carbon dioxide concentration sand/or of the oxygen concentration. If the former increases or the latter decreases below a critical value, then the second signal can be output. A temperature sensor may additionally be monitored. If the latter exceeds a critical value and, from the evaluation of other sensors, for example of sound or movement sensors, there are grounds for assuming that there are living entities in the interior space, then the-second signal is likewise output.”) (Hohn Column 4, line number 9-10: “The control circuit activates one or all of the actuators 1-6 when both signals are present simultaneously.”) (Hohn Column 4, line number 11-14: “The actuators 1-6 act, in particular, on the closures of the doors or flaps on the motor vehicle and transfer them from one operating state to another in the event of the corresponding application of a signal by the control circuit.”)
Regarding claim 7, Hohn discloses The method in accordance with claim 1, wherein the control unit additionally emits a warning signal when the opening device is actuated. (Hohn Column 1, line number 66-Column 2, line number 5: “at least one actuator which is connected to the control circuit and acts on a motor-actuatable closure of the door, flap, sliding sunroof or the like being activated by the control circuit for the purpose of opening, unlocking or rendering unlockable the door, flap or the like when both the first and the second signal have been output.”) (Hohn Column 3, line number 1-3: “Furthermore, it may be provided that in the event of activation, the hazard warning lights and/or the horn are/is activated.”)
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Regarding claim 8, Hohn discloses A device for controlling movements of at least one motor vehicle door of a parked motor vehicle, the device comprising: (Hohn Column 1, line number 34-53: “According to the invention there is provided an apparatus for monitoring an interior space which is closed off by a locked and/or manually non-unlockable door, flap, sliding sunroof or the like, for example a passenger compartment or luggage compartment of a motor vehicle, with respect to living entities enclosed therein and the quality of their living environment, having a control circuit and sensor evaluation arrangements connected thereto, which arrangements each interact with at least one sensor, a first sensor evaluation arrangement outputting a first signal to the control circuit if there are living entities in the interior space, and a second sensor evaluation arrangement outputting a second signal to the control circuit if the living environment changes in the direction of life- and/or health-threatening states, at least one actuator connected to the control circuit acting on a motor-actuatable closure of the door, flap, sliding sunroof or the like, which is activated by the control circuit for the purpose of opening, unlocking or rendering unlockable the door, flap or the like when both the first and the second signal have been output.”) at least one first sensor for detecting a presence of a living being inside the motor vehicle, (Hohn Column 4, line number 47-50: “a first sensor evaluation arrangement outputting a first signal to the control circuit if there are living entities in the interior space,”) a second sensor for detecting an increase in temperature inside the motor vehicle, (Hohn Column 1 line number 40-47: “and a second sensor evaluation arrangement outputting a second signal to the control circuit if the living environment changes in the direction of life- and/or health-threatening states,”) (Hohn Column 3, line number 42-44: “In addition, it is possible to provide a temperature sensor which, in an advantageous manner, is connected only to the second sensor evaluation arrangement.”) a control unit configured to evaluate sensor signals from the first sensor and the second sensor, and an actuator, wherein the control unit is configured to actuate the actuator of the motor vehicle door based on the evaluation by the control unit, (Hohn Column 1, line number 47-53: “at least one actuator connected to the control circuit acting on a motor-actuatable closure of the door, flap, sliding sunroof or the like, which is activated by the control circuit for the purpose of opening, unlocking or rendering unlockable the door, flap or the like when both the first and the second signal have been output.”) and wherein the actuator comprises an opening device that opens the motor vehicle door when actuated by the control unit to a pre-openinq position to ventilate an interior of the motor vehicle, (Hohn Column 2, line number 50-64: “It is furthermore provided that the living condition monitoring sensor evaluation arrangement comprises a plurality of sensors. These sensors may even be the same sensors that are interrogated by the living entity recognition sensor evaluation arrangement. They may, in particular, be different types of sensors, in particular carbon dioxide or oxygen concentration sensors, sound and/or temperature sensors. In this case, too, it is again provided that the sensor evaluation arrangement relates a plurality of signals output by the individual sensors to one another and outputs the second signal when this relationship exceeds or falls below a limit value. This relationship may also be a purely logical relationship. In other words, the second signal is output when at least two of these sensors output a signal that exceeds a limit value.”) (Hohn Column 4, line number 9-10: “The control circuit activates one or all of the actuators 1-6 when both signals are present simultaneously.”) (Hohn Column 4, line number 24-26: “In addition, it is provided that the actuators activate a pull-shut aid disposed in the lock in such a way that they open the door or flap slightly.”)
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and wherein the second sensor is an interior temperature sensor that detects temperature in the interior of the motor vehicle. (Hohn Column 3, line number 42-44: “In addition, it is possible to provide a temperature sensor which, in an advantageous manner, is connected only to the second sensor evaluation arrangement.”) (Hohn Column 3, line number 63-66: “The living environment, that is to say the physical parameters of the atmosphere of the interior space, is monitored by the second sensor evaluation arrangement.”)
Regarding claim 9, Hohn discloses The device in accordance with claim 8, wherein the first sensor is a seat occupancy sensor the determines the presence of the living being occupying a seat in the motor vehicle. (Hohn Column 2, Line number 8-14: “Furthermore, the living entity recognition sensor evaluation arrangement may comprise different types of sensors. In particular, gas sensors which measure the partial pressure of the carbon dioxide or of the oxygen in the atmosphere of the interior space are provided here. Furthermore, sound, infrared or vibration sensors may be provided.”) (Hohn Column 2, line number 36-38: “In particular, it is provided that movements in the interior space are determined by means, for example, of an infrasonic or infrared or vibration sensor.”)
Regarding claim 11, Hohn discloses The device in accordance with claim 8, further comprising a motor vehicle lock of the motor vehicle door, wherein the opening device is at least partially integrated into the motor vehicle lock of the motor vehicle door. (Hohn Column 4, line number 24-26: “In addition, it is provided that the actuators activate a pull-shut aid disposed in the lock in such a way that they open the door or flap slightly”)
Regarding claim 12, Hohn discloses The device in accordance with claim 11, wherein the motor vehicle lock is an electric lock that includes an electric motor drive that operates a locking mechanism of the motor vehicle lock. (Hohn Column 4, line umber 55-58: “which is activated by the control circuit for the purpose of opening, unlocking or rendering unlockable the door, flap or the like when both the first and the second signal have been output.”)
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Regarding claim 13, Hohn discloses The device in accordance with claim 8, wherein the motor vehicle includes a plurality of motor vehicle doors each having a respective opening device, and the control unit is further configured to actuate the respective opening device of all or a selected number of the plurality of motor vehicle doors of the motor vehicle, the selected number including more than one of the plurality of motor vehicle doors. (Hohn Column 4, line number 9-10: “The control circuit activates one or all of the actuators 1-6 when both signals are present simultaneously.”) (Hohn Column 4, line number 11-21: “The actuators 1-6 act, in particular, on the closures of the doors or flaps on the motor vehicle and transfer them from one operating state to another in the event of the corresponding application of a signal by the control circuit. In particular, it is provided that the control circuit outputs activation signals to the actuators 1-6 only when the closures are in a so-called safety position, in which the closures can be manually actuated neither from the inside nor from the outside. In that case, the actuators 1-6 put these closures into an operating state such that the closures can be opened at least by the actuation of an internal handle.”)
Regarding claim 14, Hohn discloses The device in accordance with claim 8, wherein the first sensor is an infrared sensor that reacts to thermal radiation emitted by the living being inside the motor vehicle. (Hohn Column 2, Line number 8-14: “Furthermore, the living entity recognition sensor evaluation arrangement may comprise different types of sensors. In particular, gas sensors which measure the partial pressure of the carbon dioxide or of the oxygen in the atmosphere of the interior space are provided here. Furthermore, sound, infrared or vibration sensors may be provided.”) (Hohn Column 2, line number 36-38: “In particular, it is provided that movements in the interior space are determined by means, for example, of an infrasonic or infrared or vibration sensor.”)
Regarding claim 15, Hohn discloses The method in accordance with claim 3, wherein the motor vehicle lock is an electric lock that includes an electric motor drive that operates a locking mechanism of the motor vehicle lock. (Hohn Column 4, line umber 55-58: “which is activated by the control circuit for the purpose of opening, unlocking or rendering unlockable the door, flap or the like when both the first and the second signal have been output.”)
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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 (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.
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.
7. Claims 16 are rejected under 35 USC §103 as being unpatentable over Hohn (US 6388410 B1) in view of (US 9384647 B1) to Arnold et al. (hereinafter Arnold).
Regarding claim 16, Hohn discloses claim 1, accordingly, the rejection of claim 1 is incorporated above.
Hohn does not disclose The method in accordance with claim 1, wherein the control unit operates the opening device of a motor vehicle door located adjacent to the living being whose presence is determined by the first sensor.
However, Arnold does teach The method in accordance with claim 1, wherein the control unit operates the opening device of a motor vehicle door located adjacent to the living being whose presence is determined by the first sensor. (Arnold Column 13, line number 21-25: “Additionally, the activation can include automatically opening the vehicle door, such as but not limited to one or more side doors and/or the rear hatchback door opening up. A door automatically opening would give bystanders further attention to the vehicle having an occupant in distress.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Hohn to include The method in accordance with claim 1, wherein the control unit operates the opening device of a motor vehicle door located adjacent to the living being whose presence is determined by the first sensor taught by Arnold. This would have been for the benefit to provide systems, devices and methods of using sound detectors, motion detectors and temperature sensors inside vehicles for activating alarms to protect vehicle occupants that include babies, children, infirm, elderly and pets from unsafe heat and cold temperatures. [Arnold Column 2, line number 35-40]
8. Claims 17 are rejected under 35 USC §103 as being unpatentable over Hohn (US 6388410 B1) in view of Lee (KR 20220161635 A).
Regarding claim 17, Hohn discloses claim 1, accordingly, the rejection of claim 1 is incorporated above.
Hohn does not disclose The method in accordance with claim 1, wherein the control unit determines whether the motor vehicle is parked based on an ignition lock signal and/or a speed signal of the motor vehicle.
However, Lee does teach The method in accordance with claim 1, wherein the control unit determines whether the motor vehicle is parked based on an ignition lock signal and/or a speed signal of the motor vehicle. (Lee Paragraph 0051: “Vehicle driving information may include vehicle speed, engine state information, gear information, engine throttle information, and the like. The driving information of the vehicle may include any information capable of determining whether the vehicle is currently parked or stopped.”) (Lee Paragraph 0053: It is obvious to those skilled in the art that the driving state detection unit 130 determines whether the vehicle is currently parked or stopped based on the vehicle speed, engine state information, gear information, and engine throttle information, so a detailed description thereof will be omitted here.”)
Therefore, it would have been obvious to one of ordinary skill in art before the effective filing date of the claimed invention to have modified Hohn to include The method in accordance with claim 1, wherein the control unit determines whether the motor vehicle is parked based on an ignition lock signal and/or a speed signal of the motor vehicle taught by Lee. This would have been for the benefit in order to prevent such accidents, technologies that inform a third party or disseminate the existence of remaining passengers in the vehicle to the outside are being introduced. [Lee Paragraph 0004]
Allowable Subject Matter
9. Claim 18 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN J HARVEY whose telephone number is 571-272-5327. The examiner can normally be reached 8:00AM-5:00PM M-Th, 8:00AM-4:00PM F.
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/K.J.H./Junior Patent Examiner, Art Unit 3664
/KITO R ROBINSON/Supervisory Patent Examiner, Art Unit 3664