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 .
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.
Claim 8 is 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 8 recites a fourth threshold value, but first through third values were not previously recited in the claim, or in the claim it depends from. Although various thresholds are described in separate independent claims, no positive recitation of first through third thresholds occurred within claims 7 or 8, which renders claim 8 indefinite.
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.
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:
Operation amount detecting device in claim 1, which corresponds to resolver 52
Operation amount correction portion in claim 1, which corresponds to ECU 50
Movement determining portion in claims 5 and 10, which corresponds to ECU 50
Rod position detecting portion which corresponds to angle sensor 54
First physical quantity detecting device, which corresponds to operation state detecting device 72
Second physical quantity detecting device which corresponds to angle sensor 54
Inclination-related value detecting portion in claim 1, which corresponds to operation state detecting device 72
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.
Claim Rejections - 35 USC § 102
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.
Claim(s) 7 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mori et al. (US PG Pub 2012/0059552)
Claim 7
Mori discloses an operation amount acquisition device, comprising: an operation amount detecting device configured to detect an operation amount of an actuator (electric actuator 11, controls rear wheel toe angle) of an in-vehicle device mounted on a vehicle; a first physical quantity detecting device (rear wheel toe angle detected value computing unit 23, see paragraph [0011]) configured to detect a first physical quantity that is a physical quantity corresponding to the operation amount on a one-to-one basis; and an operation amount correcting portion (calibration drive control) configured to correct the operation amount based on the first physical quantity detected by the first physical quantity detecting device , wherein the operation amount correcting portion corrects the operation amount of the actuator based on a value detected by the first physical quantity detecting device when the vehicle is traveling in a predetermined set state while the actuator is controlled based on the operation amount detected by the operation amount detecting device (paragraphs [0038]-[0043], predetermined state = vehicle traveling straight).
Claim 8
The operation amount acquisition device according to claim 7, further comprising a second physical quantity detecting device (front wheel steering angle sensor 14, see paragraph [0028])) that is different from the first physical quantity detecting device and that is configured to detect a second physical quantity different from the first physical quantity and corresponding to the operation amount on a one-to-one basis, wherein the operation amount correcting portion does not correct the operation amount based on a second detection value when an absolute value of a difference between a second conversion value and the second detection value is smaller than a fourth threshold value, and the operation amount correcting portion corrects the operation amount based on the second detection value when the absolute value of the difference is equal to or larger than the fourth threshold value, the second conversion value being a value acquired by converting the operation amount detected by the operation amount detecting device into the second physical quantity, the second detection value being a value detected by the second physical quantity detecting device (see paragraphs [0038]-[0040]).
Allowable Subject Matter
Claims 1-6, 9 and 10 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the limitations “an inclination-related value detecting portion configured to detect an inclination-related value that is related to an inclination of a front-rear direction axis of the vehicle with respect to a traveling direction of the vehicle; and an operation amount correcting portion configured to correct, based on a detected inclination-related value that is the inclination-related value detected by the inclination-related value detecting portion, the operation amount of the actuator detected by the operation amount detecting device in a state in which the steering angle of the at least one of the left rear wheel and the right rear wheel is controlled by the control device based on the operation amount of the actuator detected by the operation amount detecting device such that the vehicle is in a straight traveling state.” within claim 1 are not anticipated or made obvious by the prior art.
The limitations “an operation amount correcting portion that corrects the operation amount based on an ON-time rod position when an absolute value of a difference between an OFF-time rod position and the ON-time rod position is larger than a second threshold value, the OFF-time rod position being the position of the steering rod acquired based on the operation amount when a main switch of the vehicle is switched from ON to OFF, the ON-time rod position being the position of the steering rod detected by the rod position detecting portion when the main switch is switched from OFF to ON” within claim 9 are not anticipated or made obvious by the prior art.
The limitations “a movement determining portion that determines that the steering rod has been moved in the width direction by an external force in a time period during which a main switch of the vehicle is OFF when an absolute value of a difference between an OFF-time rod position and an ON-time rod position is larger than a second threshold value, the OFF-time rod position being the position of the steering rod acquired based on the operation amount when the main switch is switched from ON to OFF, the ON-time rod position being the position of the steering rod detected by the rod position detecting portion when the main switch is switched from OFF to ON” within claim 10 are not anticipated or made obvious by the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIZO BINDA VILAKAZI whose telephone number is (571)270-3926. The examiner can normally be reached 10am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phutthiwat Wongwian can be reached at 571-270-5426. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SIZO B VILAKAZI/Primary Examiner, Art Unit 3747