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 .
Response to Amendment
Applicant's amendment filed on 8/3/2026 has been entered. Claims 11, 16, and 20 have been amended. Claims 11-20 are still pending in this application, with claims 11, 16, and 20 being independent.
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 11-18 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (CN 104566113 A, translation utilized and provided herewith).
In regards to claim 11, Chen discloses in Figures 1-4, a vehicle registration plate illumination device (see Fig. 3) for illuminating a vehicle registration plate (7) of a motor vehicle (see Fig. 3), comprising: a housing element (6) which at least partly delimits an accommodation space (see Fig. 1, Par. [0015]); at least one illumination element (1, 2) arranged in the accommodation space and serving to illuminate the registration plate (see Figs. 1 and 3, Par. [0015]); and at least one sensor element (3, 4) which is arranged in the accommodation space (Par. [0015]) and by which at least one acoustic signal from a surround of the vehicle is capturable (Par. [0020], see Fig. 4), wherein the at least one acoustic signal is a human voice command (Par. [0020], see Fig. 4, noting a “sound sensing module” used to sense “human body” is considered to be required to capture said “human voice command” particularly as the details of such command are not claimed).
In regards to claim 12, Chen discloses in Figures 1-4, the illumination element (1, 2) and the sensor element (3, 4) are arranged on a mounting element that is formed separately from the housing element (see Figs. 1 and 2, Par. [0015]).
In regards to claim 13, Chen discloses in Figures 1-4, the sensor element (3, 4) has at least one opening provided to allow sound to enter an interior of the sensor element (such is naturally required for operability of a “sound sensing module”, Par. [0020]).
In regards to claim 14, Chen discloses in Figures 1-4, the at least one opening is covered by a membrane (as the membrane is not described, the support for 1 and 2 is considered said membrane as claimed, noting that wind guards and other permeable membranes are well known in the audio arts for microphones and the like).
In regards to claim 15, Chen discloses in Figures 1-4, the illumination element (1, 2) is arranged in a first plane (see Fig. 1, and the at least one opening is arranged in a second plane that differs from the first plane.
In regards to claim 16, Chen discloses in Figures 1-4, an arrangement (see Figs. 1-4), comprising: a component of a motor vehicle (see Figs. 3 and 4); a registration plate illumination device (see Fig. 3), which comprises a housing element (6) and serves to illuminate a registration plate (7) of the motor vehicle (see Fig. 3), on the component of the motor vehicle (see Fig. 3), wherein the housing element (6) at least partly delimits an accommodation space (Par. [0015]); at least one illumination element (1, 2) for illuminating the registration plate (7) arranged in the accommodation space of the registration plate illumination device (see Fig. 1, Par. [0015]); and at least one sensor element (3, 4) arranged in the accommodation space of the registration plate illumination device (Par. [0015]) by which at least one acoustic signal from a surround of the motor vehicle is capturable (Par. [0020], see Fig. 4), wherein the at least one acoustic signal is a human voice command (Par. [0020], see Fig. 4, noting a “sound sensing module” used to sense “human body” is considered to be required to capture said “human voice command” particularly as the details of such command are not claimed).
In regards to claim 17, Chen discloses in Figures 1-4, at least one second sensor element (other of 3, 4), which is formed separately from the sensor element (3 and 4 are separate), and by which the acoustic signal from the surround of the motor vehicle is capturable (Par. [0020], “sound sensing module”).
In regards to claim 18, Chen discloses in Figures 1-4, at least one electronic calculation device, by which:(i) a distance between a noise source emitting the acoustic signal and the motor vehicle is ascertainable (Par. [0004, 0020, 0023, 0024]), noting “close” is the measured distance for which device is activated), and/or(ii) a direction in which the noise source is located relative to the motor vehicle is ascertainable, in each case based on the acoustic signal captured via the respective sensor elements (Par. [0004, 0020, 0023, 0024]).
In regards to claim 20, Chen discloses in Figures 1-4, a method for operating a vehicle (see Figs. 3 and 4) having a registration plate illumination device (see Fig. 3), the method comprising: providing at least one sensor element (3, 4) arranged in an accommodation space (Par. [0015]) which is at least partly delimited by a housing element (6) of the registration plate illumination device (Par. [0015]) and in which at least one illumination element (1, 2) of the registration plate illumination device (Par. [0015]) for illuminating a registration plate (7) of the motor vehicle (see Fig. 3) is arranged; and capturing at least one acoustic signal from a surround of the motor vehicle (Par. [0020], see Fig. 4) via the at least one sensor element (3, 4) arranged in the accommodation space (Par. [0015]), wherein the at least one acoustic signal is a human voice command (Par. [0020], see Fig. 4, noting a “sound sensing module” used to sense “human body” is considered to be required to capture said “human voice command” particularly as the details of such command are not claimed).
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.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Khayat (US 2019/0023178).
In regards to claim 19, Chen teaches a wing element held on a bodyshell of the motor vehicle in a manner pivotable between a closed position and at least one open position relative to the bodyshell (“rear carriage”, Par. [0002, 0024], see Fig. 4), but fails to disclose or fairly suggest a coupling device that is couplable or coupled to the wing element and by which the wing element is pivotable between the closed position and the open position based on the acoustic signal captured via the sensor element.
Khayat teaches in Figures 1, 2, 7, and 7a, a coupling device (Par. [0049, 0050, 0087]) that is couplable or coupled to the wing element (15) and by which the wing element is pivotable between the closed position and the open position based on the acoustic signal captured via the sensor element (Par. [0049, 0050, 0087]).
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to provide the device of Chen with “an acoustic effect opening control device” (Khayat, Par. [0049]) in order to allow the user of the vehicle a known means of opening the wing element of the car.
Response to Arguments
Applicant's arguments filed 8/3/2026 have been fully considered but they are not persuasive.
Regarding the Examiner’s rejection of Claims 11-18 and 20 under 35 U.S.C. 102(a)(1) as being anticipated by Chen, the applicant argues that the cited reference fails to disclose all the features of the claimed invention, specifically at least one sensor element by which at least one acoustic signal from a surround of the motor vehicle is capturable, wherein the at least one acoustic signal is a human voice command and at least one second sensor element, which is formed separately from the sensor element, and by which the acoustic signal from the surround of the motor vehicle is capturable.
First, to reiterate from the rejection above, Chen indeed discloses at least one sensor element (3, 4) arranged in the accommodation space of the registration plate illumination device (Par. [0015]) by which at least one acoustic signal from a surround of the motor vehicle is capturable (Par. [0020], see Fig. 4), wherein the at least one acoustic signal is a human voice command (Par. [0020], see Fig. 4, noting a “sound sensing module” used to sense “human body” is considered to be required to capture said “human voice command” particularly as the details of such command are not claimed) and at least one second sensor element (other of 3, 4), which is formed separately from the sensor element (3 and 4 are separate), and by which the acoustic signal from the surround of the motor vehicle is capturable (Par. [0020], “sound sensing module”).
To clarify, it is noted the Applicant claims “at least one sensor element” and later “at least one second sensor element”. The Examiner takes the position that a “sensor element” may be any “element” considered part of said “sensor”. In this case, elements 3 and 4 of Chen are each considered “elements” of the sensor of Chen. In other words, a plurality of sensor elements include but are not limited to a sensing module (3) and control module (4) of Chen.
Finally, should Applicant be intending to claim two distinct sensors sensing different acoustic signals, such not yet claimed as currently interpreted, the Examiner strongly advises Applicant to review Rack et al. (DE 10 2020 117 542 A1) as previously presented in IDS dated 12/19/2024, full machine translation provided herewith, noting it discloses, “at least one acoustic sensor can be attached to a license plate light 240 be present, and in particular on a license plate light 240 the tailgate of the vehicle 200. For example, the license plate light can be horizontal on both sides 240 at least one acoustic sensor must be present.”
Conclusion
THIS ACTION IS MADE FINAL. 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 ALEXANDER K GARLEN whose telephone number is (571)272-3599. The examiner can normally be reached M-F 8:00-5:00 PM.
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, Jong-Suk (James) Lee can be reached at (571) 272-7044. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER K GARLEN/Primary Examiner, Art Unit 2875
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