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 .
This communication is responsive to the Application No. 18/893,084 filled on 09/23/2024.
Claims 1-15 are presented for examination.
Claim Objections
Claims 3-4, 6-7, 9-10, 11 and 13 are objected to because of the following informalities:
Claims 3-4 cite ”at least two variations”. Is this variations in the first supply current and the second supply current? Appropriate correction is required.
Regarding claims 6, 9 and 10, the phrase “if” to be correct as “[[if]]when” in order to be given a patentable weight.
Claim 7 cites “first adjustment instructions” on line 5 of claim 7, where in claim 1 cites “first adjustment instructions”. Does the both first instructions are the same? Then the phrase “first adjustment instructions” on line 5 of claim 7 to be corrected as “the first adjustment instructions”. Further, claim 7 cites “second adjustment instructions”, where in claim 1 cites “second instructions”. Are both referred to the same? Then a consistency of wording of the phrase is required and the phrase “second adjustment instructions” in claim 7 to be corrected as “the second adjustment instructions”, the phrase “second instruction” in claim 1 to be corrected as “second adjustment instructions”. Appropriate correction is required.
Regarding Claim 11, the limitations “extract, from the received data message or received data messages the first adjustment instructions;” to be corrected as “extract, from the received data message or the received data messages, the first adjustment instructions;”. Appropriate correction is required. Examiner’s Note: please see below, rejection under 35 U.S.C 112(b) for the phrase “data messages”.
Claim 13 is directed to “A driving system” and should apparently be written in independent form including all the limitations of claim 1. Appropriate correction is required.
Regarding claim 1, the phrase “the first flap” on line 5 should apparently be “the one or more first guiding flaps” for consistency of wording of the phrase. Appropriate correction is required.
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 1-15 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.
Claim 1 cites the limitation “vehicle power network”, which is vague because the specification fails to discloses details and/or particulars for the vehicle power network. It is not clear whether the claimed vehicle power network is same as “vehicle power supply network 130” referred to a battery. Further clarification is required.
Claim 1 further cites “the adjustment instructions” on line 13, where the claim cite in the previous line “first adjustment instructions”. It is not clear whether the phrase “the adjustment instruction” is referred to “first adjustment instructions”. Further clarification and/or claim amendments is required to overcome this rejection.
Claim 1 cites “receive at least one data message” on line 15, where the claim 1 further cites “received data messages” on line 16, which causes a conflicts of interest because the citation of “at least one data message” doesn’t mean that more than one data message to be received. Note: The specification, in para. [0047], [0061], simply cites “data message”, there is no citation of “data messages” in the specification and in the previous line of the claim 1. Therefore, it lacks sufficient antecedent basis in the claim 1. Note: claim 11 also cites “data messages”.
Claim 1 cites “the second adjustment instructions” on lines 20-21, where the claim 1 cited in the previous line 15, the phrase “second instructions”. It is not clear whether the phrase “second adjustment instructions” are the same as said above “second instructions”. Further clarification and/or claim amendment is required to overcome this rejection.
Claim 6 cites the phrase “the determined amount”, where there is no prior citation of “determined amount” for supply current, instead in claim 2 cites “counting a number of sensed variations in the supply current”, and in claim 6 cites “determine…a signage of the first supply current”. Therefore, there is a lack of antecedent basis in the claim for the phrase “the determined amount”.
Claim 2 cites “sense variations in the supply current”, where in claim 1 cites “sensing variations in the first supply current and the second supply current”. Therefore, it is not clear whether the phrase “the supply current” is referred to first supply current or referred to second supply current or referred to both. Further clarification and/or claim amendment is required.
Claims 6, 9 and 12 cites the phrase “substantially”, which is a relative term and renders the claim indefinite. The term “substantially” is not defined by the claim, the specification doesn’t provide a standard for ascertaining the requisite degree, and one of the ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 9 cites the phrase “the same supply current”, which lacks a sufficient antecedent basis in the claim because there is no prior citation of “same supply current” in the claim(s).
Claims 1, 7-8 cites the phrase “second adjustment instructions”, where the second adjustment instructions is vague because the specification fails to further define second adjustment instructions.
Claims 2-15 are also rejected by the virtue of their dependency on rejected base claim.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “first driving unit” in claims 1, 14 and 15; "communication module" in claim 1; “power supply module” in Claims 1, 9, “input power terminal” in Claim 1; “first output power terminal” and “second output power terminal” in claim 1; "current sensor module" in claim 1; “control module” in claims 1-6 and 11; have has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because they use a generic placeholder “means for” coupled with functional language without reciting sufficient structure to achieve the function.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-15 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 pre-AIA the applicant regards as the invention.
Claim elements "communication module" in claim 1; are limitations that invokes 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the corresponding entire claimed function and to clearly link the structure, material or acts to the function. The specification does not provide sufficient details such as one of ordinary skills in the art would understand which structures perform(s) the corresponding claim function in claim 1.
Therefore, the claim 1 is indefinite and are rejected under 35 U.S.C. 112(b).
Claims 2-15 are rejected under 35 U.S.C. 112(b) because of its dependency on the rejected claims.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
As described above from the 112(f) interpretation and 112 (b) rejection, the disclosure does not provide adequate structure for “communication module” in claim 1 to perform the corresponding claimed function in claim 1. The specification does not demonstrate that applicant has made an invention that achieves the claimed function because the invention is not described with sufficient detail such that one of ordinary skill in the art can reasonably conclude that the inventor had possession of the claimed invention.
Therefore, the claim 1 is rejected under 35 U.S.C. 112(a), as failing to comply with the written description requirement.
Claims 2-15 are also rejected under 35 U.S.C. 112(a) because of its dependency on the rejected claims.
Double Patenting
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 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-7 and 10-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 8-9, 12, 14, 18 and 21-22 of U.S. Patent No. 12,097,757 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to make the claim limitations in the instant application broader by removing the specific language found in the issued patent. The instant application are claiming common subject matter as issued patent, as shown in Table 1 below.
Table 1: Comparison of claims in Instant Application No. 18/893,084 vs. U.S. Patent No. US12,097,757.
Claims of Instant Application: 18/893,084 (Difference Emphasis Added)
Claims of U.S. Patent: US12,097,757 B2 (Difference Emphasis Added)
Claim 1. A control unit for controlling a first driving unit arranged for adjustment of one or more first air guiding flaps of a motorised vehicle between a first outer position and a second outer position, the control unit comprising:
Claim 1. A control unit for controlling a first driving unit arranged for adjustment of one or more first air guiding flaps of a motorised vehicle between a first outer position and a second outer position, the control unit comprising:
a communication module for communicating with a vehicle control network for receiving first adjustment instructions for adjusting the first flap;
a communication module for communicating with a vehicle control network for receiving first adjustment instructions for adjusting the one or more first air guiding flaps;
a power supply module comprising an input power terminal for receiving power from a vehicle power network, a first output power terminal for supplying a first supply current to the first driving unit, and a second output power terminal arranged to supply a second supply current to a second driving unit;
a power supply module comprising an input power terminal for receiving power from a vehicle power network and a first output power terminal for supplying a first supply current to the first driving unit and a second power output terminal arranged to supply a second supply current to a second driving unit;
a current sensor module for sensing variations in the first supply current and the second supply current; and
a current sensor module for sensing variations in the first supply current and the second supply current; and
a control module arranged to control the first supply current and the second supply current in accordance with the adjustment instructions and the sensed variations;
wherein:
the communication unit is arranged to receive at least one data message from the vehicle control network and extract, from the received data message or received data messages, the first adjustment instructions and second instructions; and
a control module arranged to control the first supply current and the second supply current in accordance with the first adjustment instructions and the sensed variations,
wherein
the communication module is arranged to receive at least one data message from the vehicle control network and extract, from the received data message or received data messages the first adjustment instructions; and
the control module is arranged to provide the first driving unit with the first supply current in accordance with the first adjustment instructions and to provide the second driving unit with a second supply current in accordance with the second adjustment instructions.
the control module is arranged to provide the first driving unit with the first supply current and the second driving unit with the second supply current, in accordance with the first adjustment instructions.
Claim 8. The control unit according to claim 1, wherein: t
he communication unit is arranged to receive at least one data message from the vehicle control network and extract, from the received data message or received data messages, the first adjustment instructions and second adjustment instructions;
the control module is arranged to provide the first driving unit with the first supply current in accordance with the first adjustment instructions and to provide the second driving unit with a second supply current in accordance with the second adjustment instructions.
Claim 2. The control unit according to claim 1, wherein the control module is arranged to determine an amount of change in a position of the first driving unit by counting a number of sensed variations in the supply current.
Claim 2. The control unit according to claim 1, wherein the control module is arranged to determine an amount of change in a position of the first driving unit by counting a number of the sensed variations in the first supply current.
Claim 3. The control unit according to claim 1, wherein the control module is arranged to determine a speed of the first driving unit based on a time interval between at least two variations.
Claim 3. The control unit according to claim 1, wherein the control module is arranged to determine a speed of the first driving unit based on a time interval between at least two variations.
Claim 4. The control unit according to claim 3, wherein the control module is arranged to determine the one or more first air guiding flaps is in either the first outer position or the second outer position upon detecting a change in a frequency of variations or a time period between at least two variations.
Claim 4. The control unit according to claim 3, wherein the control module is arranged to determine the one or more first air guiding flaps is in either the first outer position or the second outer position upon detecting a change in a frequency of variations or a time period between at least two variations.
Claim 5. The control unit according to claim 4, wherein the control module is arranged to determine the one or more first air guiding flaps is in either the first outer position or the second outer position upon not detecting variation in the first supply current and the second supply current for a pre-determined amount of time.
Claim 5. The control unit according to claim 4, wherein the control module is arranged to determine the one or more first air guiding flaps is in either the first outer position or the second outer position upon not detecting variation in the first supply current for an amount of time while the first supply current is provided and sensed.
Claim 6. The control unit according to claim 1, wherein the control module is arranged to:
Claim 6. The control unit according to claim 1, wherein the control module is arranged to:
obtain a first position of the one or more first air guiding flaps;
obtain a first position of the one or more first air guiding flaps;
determine, based on the first adjustment instructions, a second position of the one or more first air guiding flaps;
determine, based on the first adjustment instructions, a second position of the one or more first air guiding flaps;
determine, based on the first position of the one or more first air guiding flaps and the second position of the one or more first guiding flaps, a signage of the first supply current to be applied and an amount of variations to occur in the first supply current for the first driving unit to move the one or more first guiding flaps from the first position to the second position;
determine, based on the first position of the one or more first air guiding flaps and the second position of the flap, a signage of the first supply current to be applied, and an amount of variations to occur in the first supply current for the first driving unit to move the one or more first air guiding flaps from the first position to the second position;
apply the first supply current;
apply the first supply current;
count an amount of variations in the first supply current;
count an amount of variations in the first supply current;
switch off the first supply current if the counted amount is substantially equal to the determined amount.
switch off the first supply current when the counted amount variations in the first supply current is substantially equal to the amount of variations.
Claim 7. The control unit according to claim 1, wherein the communication unit is:
addressable over the vehicle control network by means of a first address and a second address; and
arranged to receive, from the vehicle control network, a first message addressed at the first address comprising first adjustment instructions and a second message addressed at the second address comprising second adjustment instructions.
Claim 7. Canceled
Claim 9. Claim 9. (Previously presented) The control unit according to claim 8, wherein the communication unit is:
addressable over the vehicle control network by means of a first address and a second address; and
arranged to receive, from the vehicle control network, a first message addressed at the first address comprising the first adjustment instructions and a second message addressed at the second address comprising the second adjustment instructions.
Claim 8. The control unit according to claim 7, wherein at least one data message is a single data message addressed over the vehicle control network at the control unit, the data message comprising at least one of a first sub-message comprising a first sub-address of the first driving unit and the first adjustment instructions and a second sub-message comprising a second sub-address of the second driving unit and the second adjustment instructions.
Claim 11. The control unit according to claim 1, wherein:
the communication unit is arranged to receive at least one data message from the vehicle control network and extract, from the received data message or received data messages the first adjustment instructions; and
the control module is arranged to provide the first driving unit and the second driving unit with the first supply current in accordance with the first adjustment instructions.
Claim 8. The control unit according to claim 1, wherein: t
he communication unit is arranged to receive at least one data message from the vehicle control network and extract, from the received data message or received data messages, the first adjustment instructions and second adjustment instructions;
the control module is arranged to provide the first driving unit with the first supply current in accordance with the first adjustment instructions and to provide the second driving unit with a second supply current in accordance with the second adjustment instructions.
Claim 9. The control unit according to claim 1,
wherein the control unit is arranged to:
cause the power supply module to provide substantially the same supply current to the first driving unit and the second driving unit;
count a first amount of variations in the first supply current and a second amount of variations in the second supply current; and
determine a malfunction of the first driving unit if the first amount of variations differs more than a pre-determined amount from the second amount of variations.
Claim 14. The control unit according to claim 1,
wherein the control unit is arranged to provide substantially a same current level to the first driving unit and to the second driving unit.
Claim 9. (Previously presented) The control unit according to claim 8, wherein the communication unit is:
addressable over the vehicle control network by means of a first address and a second address; and
arranged to receive, from the vehicle control network, a first message addressed at the first address comprising the first adjustment instructions and a second message addressed at the second address comprising the second adjustment instructions.
Claim 10. The control unit according to claim 9 wherein the control unit is further arranged to:
compare the first amount of variations to the second amount of variations;
perform at least one of: increasing the first supply current; or decreasing the second supply current, if the first amount of variation is less than the second amount of variation by more than the pre-determined amount; and
perform at least one of: increasing the second supply current; or decreasing the first supply current, if the first amount of variation is more than the second amount of variation by more than the pre-determined amount.
Claim 12. The control unit according to claim 11 wherein the control unit is further arranged to:
compare the first amount of variations to the second amount of variations;
perform at least one of: increasing the first supply current; or decreasing the second supply current, when the first amount is less than the second amount by more than the pre-determined amount of variations; and
perform at least one of: increasing the second supply current; or decreasing the first supply current, when the first amount is more than the second amount by more than the pre-determined amount of variations.
Claim 13. A driving system for adjustment of one or more first air guiding flaps of a motorised vehicle, comprising the control unit according to claim 1 and the first driving unit for adjusting the one or more first guiding air flaps.
Claim 18. A driving system for adjustment of one or more first air guiding flaps of a motorised vehicle, comprising the control unit of claim 1 and the first driving unit for adjusting the one or more first air guiding flaps.
Claim 14. The motorised vehicle comprising the driving system according to claim 13, further comprising an air guiding flap actuatable by the first driving unit.
Claim 21. A motorised vehicle comprising the driving system according to claim 18, further comprising an air guiding flap actuatable by the first driving unit.
Claim 15. The motorised vehicle according to claim 14,
wherein the driving system comprises the second driving unit and the one or more first air guiding flaps is actuatable by the first driving unit and the second driving unit.
Claim 22. The motorised vehicle according to claim 21, wherein: the power supply module comprises a second power output terminal arranged to supply power to a second driving unit; the current sensor module is further arranged to sense variations in a second supply current provided to the second driving unit; the control unit is further arranged to control the second supply current in response to the first adjustment instructions and the sensed variations; and
the driving system comprises the second driving unit and the air guiding flap is actuatable by the first driving unit and the second driving unit.
Claims 1-6, 9, 11, 13 and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6, 8, 10, 15 and 18-19 of U.S. Patent No. US11,524,570.
Although the claims at issue are not identical, they are not patentably distinct from each other because it would have been obvious to make the claim limitations in the instant application broader by removing the specific language found in the issued patent. The instant application are claiming common subject matter as issued patent, as shown in Table 2 below.
Table 2: Comparison of claims in Instant Application No. 18/893,084 vs. U.S. Patent No. US11,524,570.
Claims of Instant Application: 18/893,084 (Difference Emphasis Added)
Claims of U.S. Patent: US11,524,570 (Difference Emphasis Added)
Claim 1. A control unit for controlling a first driving unit arranged for adjustment of one or more first air guiding flaps of a motorised vehicle between a first outer position and a second outer position, the control unit comprising:
Claim 1. (Currently amended) A control unit for controlling a first driving unit configured to adjust one or more first air guiding flaps of a motorised vehicle between a first outer position and a second outer position, the control unit comprising:
a communication module for communicating with a vehicle control network for receiving first adjustment instructions for adjusting the first flap;
a communication module communicatively linked with a vehicle control network and configured to receive first adjustment instructions from the vehicle control network, wherein the first adjustment instructions are for adjusting a first flap of the one or more first air guiding flaps;
a power supply module comprising an input power terminal for receiving power from a vehicle power network, a first output power terminal for supplying a first supply current to the first driving unit, and a second output power terminal arranged to supply a second supply current to a second driving unit;
a current sensor module for sensing variations in the first supply current and the second supply current; and
a control module arranged to control the first supply current and the second supply current in accordance with the adjustment instructions and the sensed variations;
a power supply module comprising an input power terminal for receiving power from a vehicle power network and a first output power terminal for supplying a first supply current to the first driving unit;
a current sensor module configured to sense variations in the first supply current; and
a processing module configured to control the first supply current in accordance with the first adjustment instructions and sensed variations of the first supply current.
Claim 7. The control unit according to claim 1, wherein:
the power supply module comprises a second power output terminal configured to supply power to a second driving unit;
the current sensor module further configured to sense variations in a second supply current provided to the second driving unit;
a processing module is further configured to control the second supply current in response to the second adjustment instructions and the sensed-variations in the second supply current.
wherein:
the communication unit is arranged to receive at least one data message from the vehicle control network and extract, from the received data message or received data messages, the first adjustment instructions and second instructions; and
the control module is arranged to provide the first driving unit with the first supply current in accordance with the first adjustment instructions and to provide the second driving unit with a second supply current in accordance with the second adjustment instructions.
Claim 10. The control unit according to claim 5, wherein:
the communication module is configured to receive a single data message from the vehicle control network and extract, from the single data message, the first adjustment instructions and second adjustment instructions; and
the processing module is configured to provide the first driving unit with the first supply current in accordance with the first adjustment instructions and to provide the second driving unit with a second supply current in accordance with second adjustment instructions.
Claim 2. The control unit according to claim 1, wherein the control module is arranged to determine an amount of change in a position of the first driving unit by counting a number of sensed variations in the supply current.
Claim 2. The control unit according to claim 1, wherein the processing module is configured to determine an amount of change in a position of the first driving unit, wherein the amount of change is determined by counting a number of the sensed variations in the first supply current.
Claim 3. The control unit according to claim 1, wherein the control module is arranged to determine a speed of the first driving unit based on a time interval between at least two variations.
Claim 3. The control unit according to claim 1, wherein the processing module is configured to determine a speed of the first driving unit based on a time interval between at least two of the sensed variations in the first supply current.
Claim 4. The control unit according to claim 3, wherein the control module is arranged to determine the one or more first air guiding flaps is in either the first outer position or the second outer position upon detecting a change in a frequency of variations or a time period between at least two variations.
Claim 4. The control unit according to claim 3, wherein the processing module is configured to determine the first flap is in either the first outer position or the second outer position upon detecting a change in a frequency of the sensed variations or a time period between at least two of the sensed variations in the first supply current.
Claim 5. The control unit according to claim 4, wherein the control module is arranged to determine the one or more first air guiding flaps is in either the first outer position or the second outer position upon not detecting variation in the first supply current and the second supply current for a pre-determined amount of time.
Claim 5. The control unit according to claim 4, wherein the processing module is configured to determine the first flap is in either the first outer position or the second outer position upon not detecting variation in the first supply current.
Claim 6. The control unit according to claim 1,
wherein the control module is arranged to:
obtain a first position of the one or more first air guiding flaps;
determine, based on the first adjustment instructions, a second position of the one or more first air guiding flaps;
determine, based on the first position of the one or more first air guiding flaps and the second position of the one or more first guiding flaps, a signage of the first supply current to be applied and an amount of variations to occur in the first supply current for the first driving unit to move the one or more first guiding flaps from the first position to the second position;
apply the first supply current;
count an amount of variations in the first supply current;
switch off the first supply current if the counted amount is substantially equal to the determined amount.
Claim 6. The control unit according to claim 1,
wherein the processing module is configured to: obtain a first position of the first flap;
determine, based on the first adjustment instructions, a second position of the first flap;
determine, based on the first position of the first flap and the second position of the first flap, a signage of the first supply current to be applied and a determined amount of variations to occur in the first supply current for the first driving unit to move the first flap from the first position to the second position;
apply the first supply current;
count an amount of variations in the first supply current;
switch off the first supply current when the amount of variations counted is substantially equal to the determined amount of variations.
Claim 11. The control unit according to claim 1, wherein:
the communication unit is arranged to receive at least one data message from the vehicle control network and extract, from the received data message or received data messages the first adjustment instructions; and
the control module is arranged to provide the first driving unit and the second driving unit with the first supply current in accordance with the first adjustment instructions.
Claim 10. The control unit according to claim 5, wherein:
the communication module is configured to receive a single data message from the vehicle control network and extract, from the single data message, the first adjustment instructions and second adjustment instructions; and
the processing module is configured to provide the first driving unit with the first supply current in accordance with the first adjustment instructions and to provide the second driving unit with a second supply current in accordance with second adjustment instructions.
Claim 9. The control unit according to claim 1,
wherein the control unit is arranged to:
cause the power supply module to provide substantially the same supply current to the first driving unit and the second driving unit;
count a first amount of variations in the first supply current and a second amount of variations in the second supply current; and
determine a malfunction of the first driving unit if the first amount of variations differs more than a pre-determined amount from the second amount of variations.
Claim 8. The control unit according to claim 7,
wherein the control unit is configured to:
cause the power supply module to provide substantially the same supply current to the first driving module and the second driving module;
count the amount of variations in the first supply current and an amount of variations in the second supply current;
determine a malfunction of the first driving module when the amount of variations in the first supply current differs more than a pre-determined amount from the amount of variations in the second supply current.
Claim 13. A driving system for adjustment of one or more first air guiding flaps of a motorised vehicle, comprising the control unit according to claim 1 and the first driving unit for adjusting the one or more first guiding air flaps.
Claim 15. A driving system for adjustment of one or more first air guiding flaps of a motorised vehicle, comprising the control unit of claim 1 and the first driving unit for adjusting the first flap of the one or more first air guiding flaps.
Claim 14. The motorised vehicle comprising the driving system according to claim 13, further comprising an air guiding flap actuatable by the first driving unit.
Claim 18. A motorised vehicle comprising the driving system according to claim 15, wherein the first flap of the one or more air guiding flaps is actuatable by the first driving unit.
Claim 15. The motorised vehicle according to claim 14,
wherein the driving system comprises the second driving unit and the one or more first air guiding flaps is actuatable by the first driving unit and the second driving unit.
Claim 19. The motorised vehicle according to claim 18, wherein:
the power supply module comprises a second power output terminal configured to supply power to a second driving unit; the current sensor module is further configured to sense variations in a second supply current provided to the second driving unit; the control unit is further configured to control the second supply current in response to second adjustment instructions and the sensed variations in the second supply current;
the driving system comprises the second driving unit; and the first flap of the one or more air guiding flaps is actuatable by the first driving unit and the second driving unit.
Claim Objections (having allowable subject matter)
Claims 1-15 would be allowed if the claims are re-written to overcome the rejection(s) under 35 U.S.C. 112(b), 35 U.S.C. 112(a), and claims. objections for informalities, set forth in this Office action, and upon file a Terminal Disclaimer.
Reasons for Allowance: The instant application having similar allowable subject matter as the issued patent US12,097,757 and/or US11,524,570.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to B M M HANNAN whose telephone number is (571)270-0237. The examiner can normally be reached MONDAY-FRIDAY at 8:30AM-5:30PM.
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/B M M HANNAN/Primary Examiner, Art Unit 3657