DETAILED ACTION
Non-Final Rejection
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 .
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 08/16/2024 was filed. 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 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 27, 28 and 37 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.
The terms “smallest possible distance” are relative terms and it is unclear to what quantifications these terms encompass. The specification fails to clearly describe what is encompassed by these relative terms and therefore leaves the metes and bounds of the invention unclear to what range of numbers could and/or couldn’t perform the functions of the instant invention.
Claim 28 recites the limitation "the contact surface”. There is insufficient antecedent basis for this limitation in the claim.
Claim 37 recites the limitation " the same membrane”. There is insufficient antecedent basis for this limitation in the claim.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 23-30, 34-38 and 40-44 are rejected under 35 U.S.C. 103 as being unpatentable over Bendel (DE 102020110756 A1, all citations provided from machine translation attached) in view of Touge (US 20080079537 A1).
Regarding claim 23, Bendel teaches a device (fig.2) for detecting an actuator (8) by sonicating the actuator with sound waves by a sensor (7), in particular in a safety application (door closed state), wherein the sensor (7) and the actuator (8) are movable relative to each other. (Abstract, Page.4, lines 3-12 and lines 14-15, Claims 1, 6, Fig.2)
Bendel also teaches the sensor (7) comprises a sound wave transmitter (ultrasound source), a sound wave receiver (ultrasound receiver) and a computing unit (9), wherein the sound wave transmitter and sound wave receiver can be realized as a single component (7) (the sensor is equipped with a corresponding source (ultrasound source, radio wave source) and an additional receiver (ultrasound receiver, radio wave receiver). (Page.3, lines 37-46, Claims 1, 10, Fig.2)
Bendel also teaches the sound wave transmitter (ultrasound source) is intended to transmit sound waves (ultrasonic waves) in the direction of the actuator (8) and the sound wave receiver (ultrasound receiver) is intended to pick up the sound waves reflected by the actuator (8) (the sound waves in question are reflected by the probe element). (Page.4, lines 3-12 and lines 14-15, Page.3, lines 37-46, Claims 1, 6, Fig.2)
Bendel also teaches wherein, the computing unit (9) implements the detection of the actuator by comparison with a reference signal (coding or the respective coding varies as a function of a relative position between the sensor and the probe element) (the coding is then evaluated by the control unit to determine the relative position in which the sensor and the probe element are to one another). (Page.5, lines 1-13)
Bendel does not explicitly teach converting received signal to analog signal and converting the analog signal into a digital signal.
Touge teaches converting received signal to analog signal and converting the analog signal into a digital signal. (Abstract, Paragraphs 7, 26, Claim 1)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Bendel to incorporate converting received signal to analog signal and converting the analog signal into a digital signal as taught by Touge in order to execute conversion between the ultrasonic wave signal and an electric signal in order to process the received signals.
Regarding claim 24, Bendel teaches wherein the actuator has a pattern from which the sound waves are reflected and changed. (Page.3, lines 37-46, Page.4, lines 3-12)
Regarding claim 25, Bendel teaches wherein the sensor comprises computing unit which has a reference signal. (Page.5, lines 1-13, Claims 1, 10, Figs.2-3) Bendel discloses the claimed invention except for two computing units. It would have been obvious to one having ordinary skill in the art at the time the invention was filled to incorporate two computing units, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 26, Bendel teaches wherein the actuator has a contact surface for the sensor, wherein the pattern is arranged at a distance from the contact surface. (Fig.2)
Regarding claim 27, Bendel teaches wherein the actuator is arranged opposite the sensor in such a way that when there is contact or the smallest possible distance between the sensor and the actuator, the sound wave transmitter of the sensor is directed towards the pattern of the actuator. (Page.4, lines 3-12 and lines 14-15, Page.3, lines 37-46, Figs.1-2)
Regarding claim 28, Bendel teaches wherein the sound wave transmitter and the sound wave receiver for detecting the actuator rest on the contact surface of the actuator. (Figs.1-2)
Regarding claim 29, Bendel teaches wherein the sound wave receiver picks up the reflected sound waves in their entirety. (Page.4, lines 3-12 and lines 14-15, Page.3, lines 37-46, Claims 1, 6)
Regarding claim 30, Bendel teaches wherein the reference signal is stored in the computing unit. (Page.5, lines 1-13)
Regarding claim 34, Bendel does not explicitly teach wherein the computing unit infers the pattern of the actuator by comparison with a reference signal.
Touge teaches wherein the computing unit infers the pattern of the actuator by comparison with a reference signal. (Paragraphs 25, 36-37, 40, Figs.4, 6)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Bendel to incorporate wherein the computing unit infers the pattern of the actuator by comparison with a reference signal as taught by Touge in order to execute envelope detection to unlock the device
Regarding claim 35, Bendel does not explicitly teach wherein the computing unit generates a binary signal based on the detection of the actuator.
Touge teaches wherein the computing unit generates a binary signal based on the detection of the actuator. (Paragraphs 36-37, Fig.4)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Bendel to incorporate wherein the computing unit generates a binary signal based on the detection of the actuator as taught by Touge in order to execute envelope detection to unlock the device
Regarding claim 36, Bendel does not explicitly teach wherein the computing unit generates a switch-off signal if the actuator is not successfully detected.
Touge teaches wherein the computing unit generates a switch-off signal if the actuator is not successfully detected. (Paragraph 46)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Bendel to incorporate wherein the computing unit generates a switch-off signal if the actuator is not successfully detected as taught by Touge to implement a safety procedure and unwanted/intended unlocking.
Regarding claim 37, Bendel teaches wherein the sound wave transmitter and the sound wave receiver are arranged at the same location, in particular use the same membrane for transmitting and receiving sound waves. (Page.3, lines 37-46, Claims 1, 10, Figs.2-3)
Regarding claim 38, Bendel teaches wherein the sound wave transmitter generates sound waves with a frequency. (Page.4, lines 3-22) Bendel discloses the claimed invention except for a frequency of 300 kHz to 20 MHz. It would have been obvious to one having ordinary skill in the art at the time the invention was filled to incorporate a frequency of 300 kHz to 20 MHz, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 40, Bendel teaches a method for recognizing an actuator (8) with the aid of sound waves which are transmitted by a sound wave transmitter (ultrasound source) and received by a sound wave receiver (ultrasound receiver). (Page.3, lines 37-46, Claims 1, 10, Fig.2)
Bendel also teaches transmitting sound waves to a pattern of the actuator and receiving the sound waves reflected by the pattern of the actuator by a sound wave receiver. (Page.4, lines 3-12 and lines 14-15, Page.3, lines 37-46, Claims 1, 10, Fig.2)
Bendel also teaches comparison of this signal by a computing unit with a reference signal stored therein. (Page.5, lines 1-13)
Bendel does not explicitly teach converting the sound waves into an electrical signal and generation of a binary signal as a result of the comparison by the computing unit and determination of the detection of the actuator on the basis of the binary signal.
Touge teaches converting the sound waves into an electrical signal (converting the oscillation signal of the ultrasonic wave into the electric signal) and generation of a binary signal (w4-w8) as a result of the comparison (4b) by the computing unit and determination of the detection of the actuator on the basis of the binary signal. (Paragraphs 7, 26, 36-37 Claim 1, Fig.4)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Bendel to incorporate converting the sound waves into an electrical signal and generation of a binary signal as a result of the comparison by the computing unit and determination of the detection of the actuator on the basis of the binary signal as taught by Touge to execute conversion between the ultrasonic wave signal and an electric signal in order to process the received signals.
Regarding claim 41, Bendel teaches wherein in a first step the reference signal is generated by teaching-in the actuator. (Page.3, line 37-Page.4, line 22)
Regarding claim 42, Bendel teaches wherein the method is used in a safety application and a warning signal or a safety withdrawal is generated if the actuator is not successfully detected. (Page.5, line 27-29, Page.3, lines 1-3, Claims 1, 10)
Regarding claim 43, Bendel teaches wherein the actuator has a contact surface and the sound wave transmitter bears against this contact surface to detect the actuator. (Fig.2)
Regarding claim 44, Bendel teaches wherein the sound wave transmitter transmits sound waves directed essentially perpendicularly to the contact surface. (Page.4, lines 3-12 and lines 14-15, Page.3, lines 37-46, Claims 1, 6, Fig.2)
Claim(s) 31-33 are rejected under 35 U.S.C. 103 as being unpatentable over Bendel in view of Touge and Zhou (CN 209924678 U, all citations provided from machine translation attached).
Regarding claim 31, Bendel does not explicitly teach wherein the pattern of the actuator has a three-dimensional structure.
Zhou teaches wherein the pattern of the actuator has a three-dimensional structure. (Page.3, lines 7-8 and lines 18-20, Page.5, lines 42-47, Claims 12, 16, 18, Figs.1-2)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Bendel to incorporate wherein the pattern of the actuator has a three-dimensional structure as taught by Zhou in order to lock and unlock the vehicle without unwanted or unintended procedures.
Regarding claim 32, Bendel does not explicitly teach wherein the pattern comprises two surfaces facing the contact surface of the actuator, each of which has a different distance from the contact surface.
Zhou teaches wherein the pattern comprises two surfaces facing the contact surface of the actuator, each of which has a different distance from the contact surface. (Page.3, lines 7-8 and lines 18-20, Page.5, lines 42-47, Claims 12, 16, 18, Figs.1-2)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Bendel to incorporate wherein the pattern comprises two surfaces facing the contact surface of the actuator, each of which has a different distance from the contact surface as taught by Zhou in order to lock and unlock the vehicle without unwanted or unintended procedures.
Regarding claim 33, Bendel does not explicitly teach wherein the difference between the distances of these two surfaces is less than 1 mm.
Zhou teaches wherein the difference between the distances of these two surfaces is a distance. (Page.3, lines 7-8 and lines 18-20, Page.5, lines 42-47, Claims 12, 16, 18, Figs.1-2) Bendel in view of Zhou discloses the claimed invention except for a distance less than 1 mm. It would have been obvious to one having ordinary skill in the art at the time the invention was filled to incorporate a distance less than 1 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Bendel to incorporate wherein the difference between the distances of these two surfaces is less than 1 mm. as taught by Zhou in order to lock and unlock the vehicle without unwanted or unintended procedures.
Claim(s) 39 is rejected under 35 U.S.C. 103 as being unpatentable over Bendel in view of Touge and Witte (EP 3054069 A1, all citations provided from machine translation attached).
Regarding claim 39, Bendel does not explicitly teach wherein the actuator is made of a plastic material which is characterized by a low sonic velocity and a low temperature dependence thereof.
Witte teaches wherein the actuator is made of a plastic material which is characterized by a low sonic velocity and a low temperature dependence thereof. (Page.2, lines 38-40)
It would have been obvious to one having ordinary skill in the art before the effective filling date to have modified Bendel to incorporate wherein the actuator is made of a plastic material which is characterized by a low sonic velocity and a low temperature dependence thereof as taught by Witte in order to detect position of metallic objects with respect to the distance sensor with high precision.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDALLAH ABULABAN whose telephone number is (571)272-4755. The examiner can normally be reached Monday - Friday 7:00am-3:00pm EST.
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/ABDALLAH ABULABAN/Primary Examiner, Art Unit 3645
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