DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-20 are pending in Instant Application.
Priority
Examiner acknowledges Applicant’s claim to priority benefits of Continuation Application, Serial No. 18/473,678, filed on September 25, 2023, which is a Continuation Application of Continuation Application 17/459,226, filed on August 27, 2021, and Continuation Application of U.S. Patent Application, Serial No. 16/170,606, filed on October 25, 2018. The present Application also relates to and claims priority to U.S. Provisional Patent Application, Serial No. 62/577,987, filed on October 27, 2017.
Claim Objections
Claim 20 is objected to because of the following informalities: Examiner believes that a typographical error is present. The limitations “the at least one Hall Effect sensor is configured to allow a rotational angle of the at least one strut to be detected by the sequencer to determine variance with respect to the predetermined velocity curve for the pickup truck bed cover, wherein the at least one Hall Effect sensor is configured to allow the rotational angle of the at least one strut to be detected by the sequencer to determine variance with respect to the predetermined velocity curve for the pickup truck bed cover” is repeated. Examiner believes that second limitation is not needed and should be deleted. Appropriate correction is required.
Double Patenting
A rejection based on double patenting of the "same invention" type finds its support in the language of 35 U.S.C. 101 which states that "whoever invents or discovers any new and useful process ... may obtain a patent therefor ..." (Emphasis added). Thus, the term "same invention," in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957); and In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the conflicting claims so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are non-provisionally rejected on the ground of non-statutory non-obviousness-type double patenting as being unpatentable over claims 1 and 10 of Junod in U.S. Patent 12,071,800. Although the claims at issue are not identical, they are not patentably distant from each other because they are drawn to obvious variations.
In view of the above, since the subject matters recited in the claims 1-20 of the instant application were fully disclosed in and covered by the claims 1 and 10 of US Patent 12,071,800, allowing the claims to result in an unjustified or improper timewise extension of the "right to exclude" granted by a patent.
Claims 1 and 16 are non-provisionally rejected on the ground of non-statutory non-obviousness-type double patenting as being unpatentable over claims 1 and 11 of Junod in U.S. Patent 11,767,700. Although the claims at issue are not identical, they are not patentably distant from each other because they are drawn to obvious variations.
In view of the above, since the subject matters recited in the claims 1 and 16 of the instant application were fully disclosed in and covered by the claims 1 and 11 of US Patent 11,767,700, allowing the claims to result in an unjustified or improper timewise extension of the "right to exclude" granted by a patent.
Claims 1 and 16 are non-provisionally rejected on the ground of non-statutory non-obviousness-type double patenting as being unpatentable over claims 1 and 9 of Junod in U.S. Patent 11,105,139. Although the claims at issue are not identical, they are not patentably distant from each other because they are drawn to obvious variations.
In view of the above, since the subject matters recited in the claims 1 and 16 of the instant application were fully disclosed in and covered by the claims 1 and 9 of US Patent 11,105,139, allowing the claims to result in an unjustified or improper timewise extension of the "right to exclude" granted by a patent.
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 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(a) 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.
Claims 1-3 and 5-19 are rejected under 35 U.S.C. 103 as being unpatentable over Pompili et al. (USPGPub 2019/0193536) in view of Cleland et al. (USPGPub 2006/0181108). As per claim 1, Pompili discloses a pickup truck bed cover that sits over a bed section of a pickup truck (see Figures 1-3), the pickup truck bed cover comprising: a cover portion of the pickup truck bed cover (see at least Figure 1; item 26); wherein the cover portion of the pickup truck bed cover is movable between an open position and a closed position with respect to the pickup truck bed (see at least paragraph 0047; wherein a cover system 20 is mounted to the top of the truck bed 12 and has a rigid cover 26 that is moveable between a closed position (FIG. 1) and an open position (FIG. 2), including partially open positions in between); at least one structure that moves the cover portion (see at least paragraph 0048; wherein a drive assembly 95 slides the slats 30 between the open and closed positions along a path provided by the tracks 22 in an automated mode of operation); a motor that moves the at least one structure (see at least paragraph 0059; wherein the drive assembly 95 includes an electric motor 96 that drives a shaft 98 (FIG. 5) via a gear train 97, which has driven gears 97a mounted on opposing sides of the shaft 98); a sequencer in electronic communication with the motor and directs operation of the motor (see at least paragraph 0072; wherein the motor 96 communicates with a controller 160 that receives commands from an input 162, such as a two-way switch, to open and close the cover 26); wherein the sequencer is configured to generate a signal that is sent to the motor to move the at least one structure which moves the cover portion of the pickup truck bed cover (see at least paragraph 0072; wherein the motor 96 communicates with a controller 160 that receives commands from an input 162, such as a two-way switch, to open and close the cover 26). Pompili does not explicitly mention at least one strut; wherein a cycle of the sequencer includes an objective; wherein the objective determines a rotational velocity of the motor to move the at least one strut; wherein the objective is identified from the group consisting of move the at least one strut from the closed position towards a transition and move the at least one strut from another transition towards the closed position; wherein when the objective is identified, the sequencer is configured to move the at least one strut; and wherein the sequencer is configured to continuously identify the objective and identify a current location of the cover portion of the pickup truck bed cover with respect to a predetermined velocity curve. However Cleland does disclose: at least one strut (see at least paragraph 0048; wherein strut assembly 28); wherein a cycle of the sequencer includes an objective (see at least paragraph 0107; wherein the microprocessor 502 is constructed and adapted to control the speed and direction of the drive motor 534, and may also control strut rate and stop structure 204); wherein the objective determines a rotational velocity of the motor to move the at least one strut (see at least paragraph 0103; wherein the rate control structure 332 allows electronic control of the struts 330, particularly to stop movement of the struts in the event an obstacle is detected or when the speed of the door 18 is determined by the electronic control system to be either faster or slower than a predetermined threshold speed); wherein the objective is identified from the group consisting of move the at least one strut from the closed position towards a transition and move the at least one strut from another transition towards the closed position (see at least paragraph 0107; wherein the microprocessor 502 is constructed and adapted to control the speed and direction of the drive motor 534, and may also control strut rate and stop structure 204 if provided as discussed previously. The strut assembly 28, to stop the movement of the door 18, to effect a change in the rate of movement of the door 18, or to selectively execute portions of the movement sequence of the strut assembly 28); wherein when the objective is identified, the sequencer is configured to move the at least one strut (see at least paragraph 0107; wherein the microprocessor 502 is constructed and adapted to control the speed and direction of the drive motor 534, and may also control strut rate and stop structure 204 if provided as discussed previously. The strut assembly 28, to stop the movement of the door 18, to effect a change in the rate of movement of the door 18, or to selectively execute portions of the movement sequence of the strut assembly 28); and wherein the sequencer is configured to continuously identify the objective and identify a current location of the cover portion of the pickup truck bed cover with respect to a predetermined velocity curve (see at least paragraph 0115; wherein the microprocessor 502 is preferably also coupled to a temperature sensor 508 and at least one tilt sensor 510. Some vehicles are already provided with a tilt sensor, used for various vehicle functions. The input from the temperature sensor 508 allows the microprocessor 502 to determine whether the movement sequence of the strut assembly 28 and the door 18 need to be adapted, for example, to compensate for the performance change of a strut 30 on a particularly hot or cold day, causing resultant expansion or contraction of the gas within the struts 30). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Cleland with the teachings as in Pompili. The motivation for doing so would have been to provide several advantages to avoid placing torsional stresses on the door 18, the rotating arms 40, and the other components, independent articulation of the two struts 30, see Cleland paragraph 0057. As per claim 2, Cleland discloses further comprising at least one Hall Effect sensor that determines movement of the at least one strut indicative of the movement of the cover portion of the pickup truck bed cover (see at least paragraph 0130; wherein sensor technologies include noncontact Hall Effect technology). As per claim 3, Cleland discloses wherein the at least one Hall Effect sensor allows a rotational angle of the at least one strut to be detected by the sequencer to determine variance with respect to the predetermined velocity curve for the cover portion of the pickup truck bed cover (see at least paragraph 0056; wherein if two motors are used, sensor input is provided on the position of both motors 34 and both struts 30, so as to coordinate their movement). As per claim 5, Pompili discloses wherein a relative position of the cover portion of the pickup truck bed cover is determined by the sequencer and tracked additively from a starting point (see at least paragraph 0072; wherein the controller 160 commands the motor 96 to open the cover 26 in response to detecting the obstruction. In another example, the controller 160 may be programmed to open/close the cover 26 to a predetermined position). As per claim 6, Cleland discloses wherein the sequencer takes both a velocity of the cover portion of the pickup truck bed cover from the at least one Hall Effect sensor on the at least one strut (see at least paragraph 0098; wherein traditional Hall Effect sensor and/or current sensor may be included in the drive motor 34 as known in the art so that the motor 34 can be stopped or reversed if the door 18 impacts an obstruction 208) and a relative position of the cover portion of the pickup truck bed cover from the motor and derives an error value (see at least paragraph 0075; wherein the rotating arm 40 for one or both struts 30 may actively move and include instantaneous periods of stoppage or even instantaneous reverse movement during the initial opening process, depending on the particular geometries involved and feedback received by the controller 41. Feedback control of the power operated system 32, 152 would be based on the door position and/or speed, as may be determined by a door position detector, such as an angular position encoder in the hinge assembly 20 or an inclinometer in the door 18). As per claim 7, Cleland discloses wherein the error value determines whether the at least one strut is functioning within or outside an allowable variance from the predetermined velocity curve (see at least paragraph 0103; wherein the rate control structure 332 allows electronic control of the struts 330, particularly to stop movement of the struts in the event an obstacle is detected or when the speed of the door 18 is determined by the electronic control system to be either faster or slower than a predetermined threshold speed). As per claim 8, Cleland discloses wherein when the at least one strut is out of the allowable variance, corrective measures taken are selected from the group consisting of the motor continues, stops, or reverses direction of travel (see at least paragraph 0075; wherein the rotating arm 40 for one or both struts 30 may actively move and include instantaneous periods of stoppage or even instantaneous reverse movement during the initial opening process, depending on the particular geometries involved and feedback received by the controller 41. Feedback control of the power operated system 32, 152 would be based on the door position and/or speed, as may be determined by a door position detector, such as an angular position encoder in the hinge assembly 20 or an inclinometer in the door 18). As per claim 9, Cleland discloses wherein the allowable variance is selected from the group consisting of the at least one strut moving the cover portion of the pickup truck bed cover out of the velocity that is greater than a first predetermined velocity and lesser than a second predetermined velocity (see at least paragraph 0103; wherein the rate control structure 332 allows electronic control of the struts 330, particularly to stop movement of the struts in the event an obstacle is detected or when the speed of the door 18 is determined by the electronic control system to be either faster or slower than a predetermined threshold speed). As per claim 10, Cleland discloses a Proportional Integral Derivative (PID) control in communication with the sequencer to execute movement of the motor to move the at least one strut (see at least paragraph 0095; wherein the electronic control circuit 202 may be integrally formed as part of the electronic control system or controller 41. Alternately, the electronic control circuit 202 may be entirely independent of controller 41, in which case it may optionally communicate with controller 41. In this embodiment, struts 30 of the strut assembly 28 are coupled to the electronic control circuit 202, and each strut 230 includes an internal or local rate control structure 204 constructed and arranged to stop the movement of the door 18 upon sensing of a predetermined condition). As per claim 11, Cleland discloses wherein an error value is sent to the PID control which controls a Proportional Width Modulation (PWM) which drives the motor to accelerate or decelerate the at least one strut, wherein the error value determines whether the at least one strut is functioning within or outside an allowable variance from the predetermined velocity curve (see at least paragraph 0103; wherein the rate control structure 332 allows electronic control of the struts 330, particularly to stop movement of the struts in the event an obstacle is detected or when the speed of the door 18 is determined by the electronic control system to be either faster or slower than a predetermined threshold speed). As per claim 12, Cleland discloses wherein the sequencer cyclically monitors movement of the motor to monitor the movement of the at least on strut to determine whether movement of the cover portion of the pickup truck bed cover is indicative of an unsafe condition (see at least paragraph 0105; wherein the rate control structure 332 allows electronic control of the struts 330, particularly to stop movement of the struts in the event an obstacle is detected). As per claim 13, Cleland discloses wherein when circumstances of a no unsafe condition is detected, no corrective action by the sequencer is taken (see at least paragraph 0105; wherein the rate control structure 332 allows electronic control of the struts 330, particularly to stop movement of the struts in the event an obstacle is detected). As per claim 14, Cleland discloses a Proportional Integral Derivative (PID) control in communication with the sequencer to execute movement of the motor to move the at least one strut, wherein the error value is sent to the PID control which controls a Proportional Width Modulation (PWM) which drives the motor to accelerate or decelerate the at least one strut (see at least paragraph 0103; wherein the rate control structure 332 allows electronic control of the struts 330, particularly to stop movement of the struts in the event an obstacle is detected or when the speed of the door 18 is determined by the electronic control system to be either faster or slower than a predetermined threshold speed), wherein the sequencer cyclically monitors movement of the motor to monitor the movement of the at least on strut to determine whether movement of the cover portion of the pickup truck bed cover is indicative of an unsafe condition (see at least paragraph 0105; wherein the rate control structure 332 allows electronic control of the struts 330, particularly to stop movement of the struts in the event an obstacle is detected), and wherein when circumstances of a no unsafe condition is detected, no corrective action by the sequencer is taken (see at least paragraph 0105; wherein the rate control structure 332 allows electronic control of the struts 330, particularly to stop movement of the struts in the event an obstacle is detected). As per claim 15, Pompili discloses wherein the pickup truck bed cover is selected from the group consisting of a tonneau cover and a truck bed cap (see at least paragraph 0046; wherein tonneau cover). As per claim 16, Pompili discloses a pickup truck bed cover that sits over a bed section of a pickup truck (see Figures 1-3), the pickup truck bed cover comprising: an automatic bed cover drive assembly that includes: a sequencer in electronic communication with a motor to direct operation of the motor to move the pickup truck bed cover (see at least paragraph 0072; wherein the motor 96 communicates with a controller 160 that receives commands from an input 162, such as a two-way switch, to open and close the cover 26); wherein a relative position of the pickup truck bed cover is determined by the sequencer and tracked from a starting point (see at least paragraph 0072; wherein the controller 160 commands the motor 96 to open the cover 26 in response to detecting the obstruction. In another example, the controller 160 may be programmed to open/close the cover 26 to a predetermined position). Pompili does not explicitly mention wherein the sequencer is configured to determine a rotational velocity of the motor to move the pickup truck bed cover; wherein the sequencer is configured to continuously identify a current location of the pickup truck bed cover with respect to a predetermined velocity curve; at least one Hall Effect sensor configured to determine movement of the pickup truck bed cover; wherein the sequencer configured to take a velocity of the pickup truck bed cover from the at least one Hall Effect sensor to derive an error value; and wherein the error value determines whether the pickup truck bed cover is functioning within or outside an allowable variance from the predetermined velocity curve. However Cleland does disclose: wherein the sequencer is configured to determine a rotational velocity of the motor to move the pickup truck bed cover (see at least paragraph 0103; wherein the rate control structure 332 allows electronic control of the struts 330, particularly to stop movement of the struts in the event an obstacle is detected or when the speed of the door 18 is determined by the electronic control system to be either faster or slower than a predetermined threshold speed); wherein the sequencer is configured to continuously identify a current location of the pickup truck bed cover with respect to a predetermined velocity curve (see at least paragraph 0115; wherein the microprocessor 502 is preferably also coupled to a temperature sensor 508 and at least one tilt sensor 510. Some vehicles are already provided with a tilt sensor, used for various vehicle functions. The input from the temperature sensor 508 allows the microprocessor 502 to determine whether the movement sequence of the strut assembly 28 and the door 18 need to be adapted, for example, to compensate for the performance change of a strut 30 on a particularly hot or cold day, causing resultant expansion or contraction of the gas within the struts 30); at least one Hall Effect sensor configured to determine movement of the pickup truck bed cover (see at least paragraph 0130; wherein sensor technologies include noncontact Hall Effect technology): wherein the sequencer configured to take a velocity of the pickup truck bed cover from the at least one Hall Effect sensor (see at least paragraph 0098; wherein traditional Hall Effect sensor and/or current sensor may be included in the drive motor 34 as known in the art so that the motor 34 can be stopped or reversed if the door 18 impacts an obstruction 208) to derive an error value (see at least paragraph 0075; wherein the rotating arm 40 for one or both struts 30 may actively move and include instantaneous periods of stoppage or even instantaneous reverse movement during the initial opening process, depending on the particular geometries involved and feedback received by the controller 41. Feedback control of the power operated system 32, 152 would be based on the door position and/or speed, as may be determined by a door position detector, such as an angular position encoder in the hinge assembly 20 or an inclinometer in the door 18); and wherein the error value determines whether the pickup truck bed cover is functioning within or outside an allowable variance from the predetermined velocity curve (see at least paragraph 0103; wherein the rate control structure 332 allows electronic control of the struts 330, particularly to stop movement of the struts in the event an obstacle is detected or when the speed of the door 18 is determined by the electronic control system to be either faster or slower than a predetermined threshold speed). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Cleland with the teachings as in Pompili. The motivation for doing so would have been to provide several advantages to avoid placing torsional stresses on the door 18, the rotating arms 40, and the other components, independent articulation of the two struts 30, see Cleland paragraph 0057. As per claim 17, Cleland discloses wherein when at least a portion of the pickup truck bed cover is out of the allowable variance, a corrective measure taken is selected from the group consisting of the motor continues, stops, or reverses direction of travel (see at least paragraph 0075; wherein the rotating arm 40 for one or both struts 30 may actively move and include instantaneous periods of stoppage or even instantaneous reverse movement during the initial opening process, depending on the particular geometries involved and feedback received by the controller 41. Feedback control of the power operated system 32, 152 would be based on the door position and/or speed, as may be determined by a door position detector, such as an angular position encoder in the hinge assembly 20 or an inclinometer in the door 18), wherein the allowable variance is selected from the group consisting of the pickup truck bed cover moving at a velocity that is greater than a first predetermined velocity and lesser than a second predetermined velocity (see at least paragraph 0103; wherein the rate control structure 332 allows electronic control of the struts 330, particularly to stop movement of the struts in the event an obstacle is detected or when the speed of the door 18 is determined by the electronic control system to be either faster or slower than a predetermined threshold speed), and a Proportional Integral Derivative (PID) control is configured to be in communication with the sequencer to execute movement of the motor to move the pickup truck bed cover (see at least paragraph 0095; wherein the electronic control circuit 202 may be integrally formed as part of the electronic control system or controller 41. Alternately, the electronic control circuit 202 may be entirely independent of controller 41, in which case it may optionally communicate with controller 41. In this embodiment, struts 30 of the strut assembly 28 are coupled to the electronic control circuit 202, and each strut 230 includes an internal or local rate control structure 204 constructed and arranged to stop the movement of the door 18 upon sensing of a predetermined condition). As per claim 18, Cleland discloses wherein the error value is to be sent to the PID control which controls a Proportional Width Modulation (PWM) which is configured to drive the motor to accelerate or decelerate the at least the portion of the pickup truck bed cover (see at least paragraph 0103; wherein the rate control structure 332 allows electronic control of the struts 330, particularly to stop movement of the struts in the event an obstacle is detected or when the speed of the door 18 is determined by the electronic control system to be either faster or slower than a predetermined threshold speed), wherein the sequencer is configured to cyclically monitor movement of the motor to monitor the movement of the at least the portion of the pickup truck bed cover to determine whether the movement of the at least the portion of the pickup truck bed cover is indicative of an unsafe condition (see at least paragraph 0105; wherein the rate control structure 332 allows electronic control of the struts 330, particularly to stop movement of the struts in the event an obstacle is detected), and wherein when circumstances of a no unsafe condition is detected no corrective action by the sequencer is to be taken (see at least paragraph 0105; wherein the rate control structure 332 allows electronic control of the struts 330, particularly to stop movement of the struts in the event an obstacle is detected). As per claim 19, Cleland discloses wherein the sequencer is configured to include an objective (see at least paragraph 0107; wherein the microprocessor 502 is constructed and adapted to control the speed and direction of the drive motor 534, and may also control strut rate and stop structure 204), wherein the objective determines the rotational velocity of the motor to move the pickup truck bed cover (see at least paragraph 0103; wherein the rate control structure 332 allows electronic control of the struts 330, particularly to stop movement of the struts in the event an obstacle is detected or when the speed of the door 18 is determined by the electronic control system to be either faster or slower than a predetermined threshold speed), wherein the objective is identified from the group consisting of move the pickup truck bed cover from a closed position towards a transition and move the pickup truck bed cover from another transition towards the closed position (see at least paragraph 0107; wherein the microprocessor 502 is constructed and adapted to control the speed and direction of the drive motor 534, and may also control strut rate and stop structure 204 if provided as discussed previously. The strut assembly 28, to stop the movement of the door 18, to effect a change in the rate of movement of the door 18, or to selectively execute portions of the movement sequence of the strut assembly 28).
Claims 4 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Pompili et al. (USPGPub 2019/0193536), in view of Cleland et al. (USPGPub 2006/0181108), and further in view of Calamatas (US 6,198,788). As per claim 4, Pompili and Cleland do not explicitly mention wherein the sequencer detects a direction and a pulse every predetermined number of degrees of rotation of the motor to determine the rotational velocity. However Calamatas does disclose: wherein the sequencer detects a direction and a pulse every predetermined number of degrees of rotation of the motor to determine the rotational velocity (see at least column 2 lines 3-10; wherein a signal processor or logical device which controls the motor is programmed to utilize the pulses from the first and second photoreceptors to determine the direction of rotation of the motor, as well as its angular velocity and, by summation, calculate the angle through which it has rotated. In this manner, the signal processor or logical device continually has information defining the position and velocity of the door). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Calamatas with the teachings as in Pompili and Cleland. The motivation for doing so would have been to detect failure, see Calamatas column 3 lines 24-29.
As per claim 20, Cleland discloses wherein the pickup truck bed cover includes at least one strut that is configured to move the at least a portion of the pickup truck bed cover (see at least paragraph 0048; wherein strut assembly 28), wherein the motor is configured to move the at least one strut (see at least paragraph 0055; wherein the single drive motor 34 supplies power to the rotating arms 40 to move the two struts 30 in a generally coincidental movement), the at least one Hall Effect sensor is configured to allow a rotational angle of the at least one strut to be detected by the sequencer to determine variance with respect to the predetermined velocity curve for the pickup truck bed cover (see at least paragraph 0056; wherein if two motors are used, sensor input is provided on the position of both motors 34 and both struts 30, so as to coordinate their movement), wherein the at least one Hall Effect sensor is configured to allow the rotational angle of the at least one strut to be detected by the sequencer to determine variance with respect to the predetermined velocity curve for the pickup truck bed cover (see at least paragraph 0056; wherein if two motors are used, sensor input is provided on the position of both motors 34 and both struts 30, so as to coordinate their movement), wherein the sequencer is configured to take both the velocity of the pickup truck bed cover from the rotation of the at least one Hall Effect sensor on the at least one strut (see at least paragraph 0098; wherein traditional Hall Effect sensor and/or current sensor may be included in the drive motor 34 as known in the art so that the motor 34 can be stopped or reversed if the door 18 impacts an obstruction 208) and the relative position of the pickup truck bed cover from the motor and derive the error value (see at least paragraph 0075; wherein the rotating arm 40 for one or both struts 30 may actively move and include instantaneous periods of stoppage or even instantaneous reverse movement during the initial opening process, depending on the particular geometries involved and feedback received by the controller 41. Feedback control of the power operated system 32, 152 would be based on the door position and/or speed, as may be determined by a door position detector, such as an angular position encoder in the hinge assembly 20 or an inclinometer in the door 18). Pompili and Cleland do not explicitly mention wherein the sequencer is configured to also detect a direction and a pulse every predetermined number of degrees of rotation of the motor to determine the rotational velocity. However Calamatas does disclose: wherein the sequencer is configured to also detect a direction and a pulse every predetermined number of degrees of rotation of the motor to determine the rotational velocity (see at least column 2 lines 3-10; wherein a signal processor or logical device which controls the motor is programmed to utilize the pulses from the first and second photoreceptors to determine the direction of rotation of the motor, as well as its angular velocity and, by summation, calculate the angle through which it has rotated. In this manner, the signal processor or logical device continually has information defining the position and velocity of the door). Therefore it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the teachings as in Calamatas with the teachings as in Pompili and Cleland. The motivation for doing so would have been to detect failure, see Calamatas column 3 lines 24-29.
Relevant Art
The prior art made of record and not relied upon are considered pertinent to applicant’s disclosure: USPGPub 2007/0132264 – Provide an actuator assembly for automotive applications, and in particular, to such an assembly designed for moving a motor vehicle closure panel between opened and closed positions. In a preferred embodiment, the actuator assembly of the present invention is used to open and close the tailgate of a pickup truck type motor vehicle.. USPGPub 6,164,015 – Provide a device for automatically controlling the opening and closing of a slide door for a vehicle, in which the slide door is installed on a side face of the vehicle and the like in order to automatically open and close the slide door by means of drive sources such as motors and the like.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHMOUD S ISMAIL whose telephone number is (571)272-1326. The examiner can normally be reached M - F: 8:00AM- 4:00PM.
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/MAHMOUD S ISMAIL/Primary Examiner, Art Unit 3662