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 .
Introduction
This is a response to applicant’s submissions filed on March 16, 2026. Claims 1, 3-15, and 17-18 are pending.
Examiner' s Note
Examiner has cited particular paragraphs / columns and line numbers or figures 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 claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Applicant is reminded that the Examiner is entitled to give the broadest reasonable interpretation to the language of the claims. Furthermore, the Examiner is not limited to Applicants' definition which is not specifically set forth in the disclosure.
Response to Arguments
All of applicant’s arguments filed March 16, 2026 have been considered.
Regarding applicant’s argument that Salter fails to disclose an emergency call, let alone an alarm that can be heard in the vicinity of the vehicle (Applicant’s Response, pg. 18), the examiner respectfully disagrees. Salter discloses activating hazard lights, activating interior storage compartment lights, sending a warning message to the driver, initiating an audible chime in the vehicle and displaying the storage compartment camera on the touch screen in paragraph 0054 after the interior compartment switch is pressed. Salter additionally discloses notifying local authorities with the vehicle’s current global position system location which is synonymous with the emergency call example given in paragraph 0038 of the specification where the emergency call is a silent emergency call transmitting GPS data.
Drawings
The drawings were received on March 16, 2026. These drawings are acceptable.
Specification
Amendments to the specification were received on March 16, 2026.
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 6 and 9 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.
In claim 6, lines 1-2, 3, and 5, and claim 9, line 2, the limitation "the control device" renders the claim indefinite because it lacks antecedent basis and it is unclear if this is referring to the electronic control unit previously recited in claim 1, line 4 or the emergency device previously recited in claim 1, line 1.
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.
Claims 1, 3-6, 10-15, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Salter (US 2021/0207409).
Regarding claim 1, Salter discloses an emergency device for a vehicle, comprising an actuation element for attachment in a storage compartment of the vehicle, which is closable by at least one closure element (Salter, [0048] regarding a user input device in the form of a manually actuatable switch located within the storage compartment & [0050] regarding a two-stage electronically controlled latch that is electronically actuation in response to control commands from the controller), and
an electronic control unit (Salter, [0048] regarding a controller),
wherein the actuation element is provided for signaling an emergency by a person located in the closed storage compartment (Salter, [0048] regarding the user input device being accessible to a person within the storage compartment to enable to person to actuate the latch assembly to open the front door panel),
wherein the electronic control unit is configured to trigger a ventilation measure in response to a first actuation of the actuation element, via which additional air enters the storage compartment that is still closed by the at least one closure element, and actuate a ventilation device for the ventilation measure, via which ventilation device additional air is introduced into the storage compartment (Salter, [0052] regarding determining the user input device has been pressed by a user in the storage compartment, [0054] regarding engaging the primary electronic latch and securing the secondary (intermediate) latch position, [0051] regarding the controller providing output to control the two-stage latch, & [0047] regarding the front door panel being partially opened but is retained and prevented from moving to the fully open position when in the intermediate position. By partially opening the front door panel air would be introduced into the compartment (i.e., ventilation is provided)), wherein the ventilation device includes at least one of:
a ventilation opening configured to be released in an electronically controlled manner in order to allow air from outside to flow into the storage compartment (Salter, [0054] regarding engaging the primary electronic latch and securing the secondary (intermediate) latch position & [0047] regarding the front door panel being partially opened but is retained and prevented from moving to the fully open position when in the intermediate position. By partially opening the front door panel air would be introduced into the compartment (i.e., ventilation is provided)), or
a fan configured to be activatable via the electronic control unit in order to actively convey additional air into the storage compartment in response to the first actuation of the actuation, and
wherein the electronic control unit is further configured to generate at least one emergency signal also in response to the first actuation or in response to a second actuation subsequent to the first actuation of the actuation element (Salter, [0052-0054] regarding sending a signal to the computer or driver if the electronic interior storage compartment switch has been pressed by a user).
Regarding claim 3, Salter discloses the emergency device as claimed in claim 1, wherein the at least one closure element is held in a closed position by a lock and the electronic control unit is configured to actuate the lock for the ventilation measure, in order to allow for an adjustment of the at least one closure element out of the closed position along an opening direction into a pre-latching position, in which the at least one closure element still closes the storage compartment but releases at least one gap, via which additional air can enter the storage compartment (Salter, [0052] regarding determining the user input device has been pressed by a user in the storage compartment, [0054] regarding engaging the primary electronic latch and securing the secondary (intermediate) latch position, [0051] regarding the controller providing output to control the two-stage latch, & [0047] regarding the front door panel being partially opened but is retained and prevented from moving to the fully open position when in the intermediate position. By partially opening the front door panel air would be introduced into the compartment (i.e., ventilation is provided)).
Regarding claim 4, Salter discloses the emergency device as claimed in claim 1, wherein the electronic control unit is configured to make the triggering of the ventilation measure dependent on at least one speed signal, which is indicative of a travel speed of the vehicle (Salter, [0054] regarding engaging the primary electronic latch and securing the secondary (intermediate) latch position when the speed of the vehicle is greater than 0 mph).
Regarding claim 5, Salter discloses the emergency device as claimed in claim 4, wherein the electronic control unit is configured to trigger the ventilation measure only if a travel speed of the vehicle has reached a threshold value (Salter, [0054] regarding engaging the primary electronic latch and securing the secondary (intermediate) latch position when the speed of the vehicle is greater than 0 mph).
Regarding claim 6, Salter discloses the emergency device as claimed in claim 3, wherein the control device is configured to make the triggering of the ventilation measure dependent on at least one speed signal, which is indicative of a travel speed, wherein the control device is configured to trigger the ventilation measure only if a travel speed of the vehicle has reached a threshold value of the vehicle (Salter, [0054] regarding engaging the primary electronic latch and securing the secondary (intermediate) latch position when the speed of the vehicle is greater than 0 mph), wherein the control device is configured to actuate the lock to release the at least one closure element, in order to allow for an adjustment of the at least one closure element out of the closed position along the opening direction into an opening position, in which the at least one closure element no longer closes the storage compartment if the travel speed of the vehicle has not reached the threshold value (Salter, [0053-0054] regarding engaging the primary and secondary electronic latch and open the storage compartment by fully releasing the door panel to the open position when the speed of the vehicle is not greater than 0 mph).
Regarding claim 10, Salter discloses the emergency device as claimed in claim 1, wherein the at least one emergency signal is provided for transmitting an emergency call (Salter, [0053] regarding notifying local authorities if the electronic interior storage compartment switch has been pressed by a user and the vehicle is in autonomous driving).
Regarding claim 11, Salter discloses the emergency device as claimed in claim 1, wherein the at least one emergency signal is provided for generating an alarm that is at least one of acoustically and visually perceptible by a person in the surroundings of the vehicle (Salter, [0054] regarding activating hazard lights, activating interior storage compartment lights, sending a warning message to the driver, providing an audible chime, and displaying the trunk camera on the touchscreen display if the electronic interior storage compartment switch has been pressed by a user, the vehicle is in manual driving, and the vehicle speed is greater than 0 mph).
Regarding claim 12, Salter discloses the emergency device as claimed in claim 1, wherein the at least one emergency signal is provided for influencing the current driving behavior of the vehicle (Salter, [0054] regarding slowing down the vehicle and steering it to the side of the roadway if the electronic interior storage compartment switch has been pressed by a user and the vehicle is in autonomous driving).
Regarding claim 13, Salter discloses the emergency device as claimed in claim 1, wherein the emergency device for a storage compartment is provided on a front side of the vehicle (Salter, [0046] regarding a storage compartment located at the front side of the vehicle under a front door panel).
Regarding claim 14, Salter discloses a vehicle comprising an emergency device according to claim 1 (Salter, Fig. 1 regarding the user input device being on the vehicle).
Regarding claim 15, Salter discloses a method for controlling an emergency device on a vehicle, wherein by actuation of an actuation element, which is provided in the interior of a storage compartment that is closed by at least one closure element (Salter, [0048] regarding a user input device in the form of a manually actuatable switch located within the storage compartment & [0050] regarding a two-stage electronically controlled latch that is electronically actuation in response to control commands from the controller), an emergency is signaled by a person located in the closed storage compartment and at least one emergency signal is generated in response to the actuation of the actuation element (Salter, [0048] regarding the user input device being accessible to a person within the storage compartment to enable to person to actuate the latch assembly to open the front door panel),
wherein, via the at least one emergency signal, an alarm is generated that is at least one of acoustically or visually perceptible by a person in the surroundings of the vehicle (Salter, [0054] regarding activating hazard lights, activating interior storage compartment lights, sending a warning message to the driver, providing an audible chime, and displaying the trunk camera on the touchscreen display if the electronic interior storage compartment switch has been pressed by a user, the vehicle is in manual driving, and the vehicle speed is greater than 0 mph), and
wherein in response to an actuation of the actuation element, also a ventilation measure is triggered allowing a flow of additional air entering the storage compartment that is still closed by the at least one closure element (Salter, [0052] regarding determining the user input device has been pressed by a user in the storage compartment, [0054] regarding engaging the primary electronic latch and securing the secondary (intermediate) latch position, [0051] regarding the controller providing output to control the two-stage latch, & [0047] regarding the front door panel being partially opened but is retained and prevented from moving to the fully open position when in the intermediate position. By partially opening the front door panel air would be introduced into the compartment (i.e., ventilation is provided)).
Regarding claim 17, Salter discloses the method as claimed in claim 15, wherein in response to the at least one emergency signal also at least one control signal is received from an emergency call receiving point, via which the lock is actuated for releasing the at least one closure element in order to allow for an adjustment of the at least one closure element out of a closed position along an opening direction and into an open position, in which the at least one closure element no longer closes the storage compartment (Salter, [0053-0054] regarding engaging the primary and secondary electronic latch and open the storage compartment by fully releasing the door panel to the open position when the speed of the vehicle is not greater than 0 mph).
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.
Claims 7-9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Salter in view of Bingle (US 6,485,081).
Regarding claim 7, Salter discloses the emergency device as claimed in claim 1, wherein the electronic control unit is configured to trigger the ventilation measure in response to the first actuation of the actuation element (Salter, [0052] regarding determining the user input device has been pressed by a user in the storage compartment & [0054] regarding engaging the primary electronic latch and securing the secondary (intermediate) latch position), but does not disclose to generate the at least one emergency signal for an emergency measure following the ventilation measure only in response to the second actuation subsequent to the first actuation of the actuation element.
Bingle teaches activating an alarm, auxiliary light, horn, message display, lock system or the like being upon a second detection within the trunk space (Col. 17, lines 27-32).
Salter and Bingle are considered to be analogous to the claimed invention because they are in the same field of vehicle storage compartment emergency activation. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Salter to incorporate activating an alarm, auxiliary light, horn, message display, lock system or the like after a second detection of someone in the trunk space, as disclosed by Bingle, with a reasonable expectation of success because doing so would yield the predictable result of confirming someone is in the compartment before activating an emergency notification.
Salter, as modified, teaches to generate the at least one emergency signal for an emergency measure following the ventilation measure only in response to the second actuation subsequent to the first actuation of the actuation element.
Regarding claim 8, Salter in view of Bingle teaches the emergency device as claimed in claim 7, wherein the control unit is configured, in response to the second actuation of the actuation element, to make the generation of the emergency signal dependent on at least one speed signal which is indicative of a travel speed of the vehicle (Salter, [0054] regarding activating hazard lights, activating interior storage compartment lights, sending a warning message to the driver, providing an audible chime, and displaying the trunk camera on the touchscreen display if the electronic interior storage compartment switch has been pressed by a user, the vehicle is in manual driving, and the vehicle speed is greater than 0 mph).
Regarding claim 9, Salter in view of Bingle teaches the emergency device as claimed in claim 8, wherein the at least one closure element is held in a closed position by a lock and the control device is configured to trigger the emergency signal in response to the second actuation of the actuation element only if a travel speed of the vehicle has reached a threshold value (Salter, [0054] regarding engaging the primary electronic latch, securing the secondary latch position, activating hazard lights, activating interior storage compartment lights, sending a warning message to the driver, providing an audible chime, and displaying the trunk camera on the touchscreen display if the electronic interior storage compartment switch has been pressed by a user, the vehicle is in manual driving, and the vehicle speed is greater than 0 mph), and otherwise to actuate the lock in order to allow for an adjustment of the at least one closure element out of the closed position along the opening direction into an open position, in which the at least one closure element no longer closes the storage compartment (Salter, [0053-0054] regarding engaging the primary and secondary electronic latch and open the storage compartment by fully releasing the door panel to the open position when the speed of the vehicle is not greater than 0 mph).
Regarding claim 18, Salter discloses an emergency device for a vehicle, comprising:
an actuation element for attachment in a storage compartment of the vehicle, which is closable by at least one closure element (Salter, [0048] regarding a user input device in the form of a manually actuatable switch located within the storage compartment & [0050] regarding a two-stage electronically controlled latch that is electronically actuation in response to control commands from the controller), and
an electronic control unit (Salter, [0048] regarding a controller),
wherein the actuation element is provided for signaling an emergency by a person located in the closed storage compartment (Salter, [0048] regarding the user input device being accessible to a person within the storage compartment to enable to person to actuate the latch assembly to open the front door panel),
wherein the electronic control unit is configured to:
trigger, in response to a first actuation of the actuation element, a ventilation measure configured to allow a flow of additional air to enter the storage compartment that is still closed by the at least one closure element (Salter, [0052] regarding determining the user input device has been pressed by a user in the storage compartment, [0054] regarding engaging the primary electronic latch and securing the secondary (intermediate) latch position, & [0047] regarding the front door panel being partially opened but is retained and prevented from moving to the fully open position when in the intermediate position. By partially opening the front door panel air would be introduced into the compartment (i.e., ventilation is provided)).
Salter does not disclose wherein the electronic control unit is configured to:
generate at least one emergency signal following the ventilation measure only in response to a second actuation subsequent to the first actuation of the actuation element.
Bingle teaches activating an alarm, auxiliary light, horn, message display, lock system or the like being upon a second detection within the trunk space (Col. 17, lines 27-32).
Salter and Bingle are considered to be analogous to the claimed invention because they are in the same field of vehicle storage compartment emergency activation. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Salter to incorporate activating an alarm, auxiliary light, horn, message display, lock system or the like after a second detection of someone in the trunk space, as disclosed by Bingle, with a reasonable expectation of success because doing so would yield the predictable result of confirming someone is in the compartment before activating an emergency notification.
Salter, as modified, teaches wherein the electronic control unit is configured to:
generate at least one emergency signal following the ventilation measure only in response to a second actuation subsequent to the first actuation of the actuation element.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX GRIFFIN whose telephone number is (703)756-1516. The examiner can normally be reached Monday - Thursday 7:30am - 5:30pm.
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, 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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/ALEX B GRIFFIN/ Examiner, Art Unit 3665
/Erin D Bishop/ Supervisory Patent Examiner, Art Unit 3665
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