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
Status of Claims
Claims 1-20 of U.S. Application No. 18/853937filed on 10/03/2024 have been examined.
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 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) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1-20 are rejected under 35 U.S.C. 103(a) as being unpatentable over Ihlenburg et al. [US 2014/0207344 A1], hereinafter referred to as Ihlenburg, in view of Kessler et al. [US 2020/01777177 A1], hereinafter referred to as Kessler.
As to Claim 1, Ihlenburg discloses a method for operating a motor-actuatable tailgate of a motor vehicle ([see at least Fig. 10 and 0063]), a motor of which can be activated or deactivated controlledly by actuation of an actuating element of an operating element ([see at least 0048]), comprising: upon a control unit ascertaining the actuating element being actuated for a predetermined period of time or a predetermined actuation sequence and contemporaneously a manual closing movement of the tailgate being effected ([see at least 0063]), activating a holding mode on reaching a tailgate position at which the actuating element is no longer actuated, ([see at least 0063]).
Ihlenburg does not explicitly disclose wherein the motor is short-circuited in the holding mode. However Fujimoto disclose wherein the motor is short-circuited in the holding mode ([see at least 0048]). Both Ihlenburg and Kessler illustrate similar methods control a liftgate. Ihlenburg is silent on wherein the motor is short-circuited in the holding mode. Kessler on the other hand teaches wherein the motor is short-circuited in the holding mode.
It would have been obvious to one of ordinary skill in the art at the time of the invention was made to have modified Ihlenburg so as to include wherein the motor is short-circuited in the holding mode. with a reasonable expectation of success. Those having ordinary skill in the art would understand wherein the motor is short-circuited in the holding mode in Kessler, as required by the claim. One of ordinary skill would have been motivated to combine Ihlenburg and wherein the motor is short-circuited in the holding mode because this would allow holding of the tailgate when unexpected effects or malfunction occurs.
As to Claim 2, Kessler discloses a method, wherein the predetermined period of time is longer than 4 seconds ([see at least 0049 and 0059]).
As to Claim 3, Kessler discloses a method, wherein the predetermined actuation sequence is realized by repeatedly and successively actuating the actuating element ([see at least 0022, 0037 and 0059]).
As to Claim 4, Ihlenburg discloses a method, wherein the control unit transmits a signal to a display and/or generates an acoustic signal when the holding mode is activated ([see at least 0006 and 0065]).
As to Claim 5, Ihlenburg discloses a method wherein, upon the motor of the motor vehicle being switched on, in an event of engagement of a driving stage combined with the tailgate being open and not closed, the control unit transmits a signal to a display which displays an option of triggering the holding mode ([see at least 0051, 0063 and 0065]).
As to Claim 6, Ihlenburg discloses a method, wherein the holding mode is ended by a motorized movement of the tailgate started by actuation of the actuating element ([see at least 0048 and0063]).
As to Claim 7, Ihlenburg discloses a method, wherein, upon a movement of the tailgate in an opening direction is-being detected while the vehicle is parked and the holding mode is active, a warning signal is transmitted ([see at least 0063, 0064 and 0065]).
As to Claim 8, Ihlenburg discloses a method, wherein, upon a movement in an opening direction is being detected while the vehicle is being driven, the motor is driven with restricted force and low speed moving the tailgate back to an original holding position ([see at least 0063, 0064 and 0065]).
As to Claim 9, Ihlenburg discloses a method, wherein, upon the motor of the motor vehicle being switched on, in an event of engagement of a driving stage combined with the tailgate being open and not closed, the control unit transmits a signal to a display which displays an option of triggering the holding mode ([see at least 0063, 0064 and 0065]); wherein the holding mode is ended by a motorized movement of the tailgate started by actuation of the actuating element ([see at least 0063, 0064 and 0065]); wherein, upon a movement of the tailgate in an opening direction being detected while the vehicle is parked and the holding mode is active, a warning signal is transmitted ([see at least 0063, 0064 and 0065]); and wherein, upon a movement in an opening direction being detected while the vehicle is being driven, the motor is driven with restricted force and low speed moving the tailgate back to an original holding position ([see at least 0063, 0064 and 0065]).
As to Claim 10, Ihlenburg discloses a method, in which the control unit transmits a signal to a display and/or generates an acoustic signal when the holding mode is activated ([see at least 0063, 0064 and 0065]).
As to Claim 11, Ihlenburg discloses a method, wherein, upon the motor of the motor vehicle being switched on, in an event of engagement of a driving stage combined with the tailgate being open and not closed, the control unit transmits a signal to a display which displays an option of triggering the holding mode ([see at least 0063, 0064 and 0065]).
As to Claim 12, Ihlenburg discloses a method, wherein the holding mode is ended by a motorized movement of the tailgate started by actuation of the actuating element ([see at least 0063, 0064 and 0065]).
As to Claim 13, Ihlenburg discloses a method, wherein, upon a movement of the tailgate in an opening direction being detected while the vehicle is parked and the holding mode is active, a warning signal is transmitted ([see at least 0063, 0064 and 0065]).
As to Claim 14, Ihlenburg discloses a method, wherein, upon a movement in an opening direction being detected while the vehicle is being driven, the motor is driven with restricted force and low speed moving the tailgate back to an original holding position ([see at least 0047 and 0048]).
As to Claim 15, Ihlenburg discloses a method, wherein, upon the motor of the motor vehicle being switched on, in an event of engagement of a driving stage combined with the tailgate being open and not closed, the control unit transmits a signal to a display which displays an option of triggering the holding mode ([see at least 0063, 0064 and 0065]); wherein the holding mode is ended by a motorized movement of the tailgate started by actuation of the actuating element ([see at least 0063, 0064 and 0065]); wherein, upon a movement of the tailgate in an opening direction being detected while the vehicle is parked and the holding mode is active, a warning signal is transmitted ([see at least 0063, 0064 and 0065]); and wherein, upon a movement in an opening direction being detected while the vehicle is being driven, the motor is driven with restricted force and low speed moving the tailgate back to an original holding position([see at least 0063, 0064 and 0065]).
As to Claim 16, Ihlenburg discloses a method, in which the control unit transmits a signal to a display and/or generates an acoustic signal when the holding mode is activated ([see at least 0063, 0064 and 0065]).
As to Claim 17, Ihlenburg discloses a method, wherein, upon the motor of the motor vehicle being switched on, in an event of engagement of a driving stage combined with the tailgate being open and not closed, the control unit transmits a signal to a display which displays an option of triggering the holding mode ([see at least 0063, 0064 and 0065]).
As to Claim 18, Ihlenburg discloses a method, wherein the holding mode is ended by a motorized movement of the tailgate started by actuation of the actuating element ([see at least 0048 and0063]).
As to Claim 19, Ihlenburg discloses a method, wherein, upon a movement of the tailgate in an opening direction being detected while the vehicle is parked and the holding mode is active, a warning signal is transmitted ([see at least 0063, 0064 and 0065]).
As to Claim 20, Ihlenburg discloses a method, wherein, upon the motor of the motor vehicle being switched on, in an event of engagement of a driving stage combined with the tailgate being open and not closed, the control unit transmits a signal to a display which displays an option of triggering the holding mode; wherein the holding mode is ended by a motorized movement of the tailgate started by actuation of the actuating element ([see at least 0063, 0064 and 0065]).; wherein, upon a movement of the tailgate in an opening direction being detected while the vehicle is parked and the holding mode is active, a warning signal is transmitted ([see at least 0063, 0064 and 0065]).; and wherein, upon a movement in an opening direction being detected while the vehicle is being driven, the motor is driven with restricted force and low speed moving the tailgate back to an original holding position ([see at least 0063, 0064 and 0065]).
Conclusion
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/YAZAN A SOOFI/Primary Examiner, Art Unit 3668