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 the Claims
This Office Action is in response to the Application filed on December 2, 2024. Claims 1-15 are presently pending and are presented for examination.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed December 2, 2024 fails to comply with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609 because foreign reference DE 29814310 does not have an English translation of at least the abstract of the document. It has been placed in the application file, but the information referred to therein has not been considered as to the merits. Applicant is advised that the date of any re-submission of any item of information contained in this information disclosure statement or the submission of any missing element(s) will be the date of submission for purposes of determining compliance with the requirements based on the time of filing the statement, including all certification requirements for statements under 37 CFR 1.97(e). See MPEP § 609.05(a).
Claim Objections
Claims 1-13 are objected to because of the following informalities:
In regards to claims 1-4 and 10, the claims recite “in use”, however it is unclear what the meaning of this phrase is or how it adds to the claim. As the claims are currently written it appears that this language makes the claims less clear and does not add any additional limitations. For examination purposes, the claims have been interpreted as though the occurrences of “in use” have been deleted from the claims.
In regards top claims 5-9 and 11-13, the claims are dependent upon an objected claim and are therefore objected to.
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3, 5-12, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Enders (DE 102015209664; already of record from IDS; see attached English translation for citations) in view of Queveau et al. (US 20060001289; hereinafter Queveau).
In regards to claim 1, Enders discloses of a motor vehicle (“In the convertible vehicle 1 shown in the figure, a textile, flexible top (VER) 2 is provided, which can be moved into a closed state and an open state by means of an electric motor (MO) 6 that can be controlled by a top controller (VST) 3.” (Para 0032)), comprising:
a frame defining a cabin adapted to accommodate at least a driver of the motor vehicle (“A frequently discussed problem with convertibles is to suitably perform the closing of the roof or vehicle roof when rain is in use in such a way that, on the one hand, travel with the roof open is possible for as long as possible and, on the other hand, the vehicle users and the vehicle interior are protected from moisture.” (Para 0005), “In the convertible vehicle 1 shown in the figure, a textile, flexible top (VER) 2 is provided, which can be moved into a closed state and an open state by means of an electric motor (MO) 6 that can be controlled by a top controller (VST) 3. In the open state, it is folded in the trunk of the convertible 1. the humidity and/or the temperature is measured on the surface of the vehicle roof 2, which points into the vehicle interior in the closed state of the vehicle roof 2, by means of a so-called internal humidity and temperature sensor (ISE) 4. The humidity can be measured, for example, in two or also in several stages. The temperature may be measured in stages of 0.5 or 1 degree Celsius, for example. The humidity can be measured directly on or in the material of the vehicle roof 2, for example by an electrical conductivity measurement and/or also in the immediate vicinity of up to 1-5 millimeters with respect to the surface of the vehicle roof 2, the relative humidity can be determined in one or more percent stages, for example in 5% stages.” (Para 0032), see also Para 0022);
…
a foldable roof movable relative to the frame and adapted to selectively cover, in use, the cabin at a top (“The invention is particularly advantageously applicable to a flexible and/or fiber vehicle cover, in particular a folding cover, comprising textile fibers, for example. The method can be used in particular when the vehicle roof is open and in particular when the vehicle roof is stored in the rear of the vehicle. For this purpose, the device can advantageously be provided wholly or partly in the rear of the vehicle.” (Para 0014), “In the convertible vehicle 1 shown in the figure, a textile, flexible top (VER) 2 is provided, which can be moved into a closed state and an open state by means of an electric motor (MO) 6 that can be controlled by a top controller (VST) 3. In the open state, it is folded in the trunk of the convertible 1. the humidity and/or the temperature is measured on the surface of the vehicle roof 2, which points into the vehicle interior in the closed state of the vehicle roof 2, by means of a so-called internal humidity and temperature sensor (ISE) 4. The humidity can be measured, for example, in two or also in several stages. The temperature may be measured in stages of 0.5 or 1 degree Celsius, for example. The humidity can be measured directly on or in the material of the vehicle roof 2, for example by an electrical conductivity measurement and/or also in the immediate vicinity of up to 1-5 millimeters with respect to the surface of the vehicle roof 2, the relative humidity can be determined in one or more percent stages, for example in 5% stages.” (Para 0032));
a stowage compartment adapted to contain, in use, the foldable roof, the foldable roof being movable between an opening position, wherein the foldable roof is housed folded inside the stowage compartment and the cabin is fluidly communicating with the outside of the motor vehicle, and a closing position, wherein the foldable roof extends outside the stowage compartment and covers the cabin (“The invention is particularly advantageously applicable to a flexible and/or fiber vehicle cover, in particular a folding cover, comprising textile fibers, for example. The method can be used in particular when the vehicle roof is open and in particular when the vehicle roof is stored in the rear of the vehicle. For this purpose, the device can advantageously be provided wholly or partly in the rear of the vehicle.” (Para 0014), “In the convertible vehicle 1 shown in the figure, a textile, flexible top (VER) 2 is provided, which can be moved into a closed state and an open state by means of an electric motor (MO) 6 that can be controlled by a top controller (VST) 3. In the open state, it is folded in the trunk of the convertible 1. the humidity and/or the temperature is measured on the surface of the vehicle roof 2, which points into the vehicle interior in the closed state of the vehicle roof 2, by means of a so-called internal humidity and temperature sensor (ISE) 4. The humidity can be measured, for example, in two or also in several stages. The temperature may be measured in stages of 0.5 or 1 degree Celsius, for example. The humidity can be measured directly on or in the material of the vehicle roof 2, for example by an electrical conductivity measurement and/or also in the immediate vicinity of up to 1-5 millimeters with respect to the surface of the vehicle roof 2, the relative humidity can be determined in one or more percent stages, for example in 5% stages.” (Para 0032), see also Para 0018);
a sensory system adapted to detect a quantity associated with the humidity of the air inside the stowage compartment (“The at least one sensor device can be arranged in particular such that it detects the temperature and/or the humidity of the vehicle roof in the open or folded or rolled-up state and in particular in the rear or trunk of the vehicle in the state stored there.” (Para 0026));
signalling means adapted to signal, in use, a potential risk of damage to the foldable roof (“According to an advantageous exemplary embodiment of the invention, a period of time is additionally
recorded in order to form the characteristic value, in which period the temperature and/or the humidity of the vehicle roof are measured. To form the characteristic value, a temporal integral over the measured temperature and/or the measured humidity can advantageously be formed.” (Para 0021) and “According to a further advantageous exemplary embodiment of the invention, a warning message is output by a user interface if the warning signal has been output. The user interface can in particular comprise an optical and optionally graphical display device such as a light emitting diode or a screen and/or an acoustic output device such as a buzzer or loudspeaker. By means of the warning message, a vehicle driver can be informed that he is to close the vehicle roof on the next occasion in order to enable the vehicle roof to dry” (Para 0022), see also Para 0035)); and
an electronic control unit operatively connected to the sensory system and the signalling means, the electronic control unit being configured to compare the quantity detected, in use, by the sensory system with a threshold value and to command the signalling means to signal the potential risk of damage to the foldable roof, when the quantity detected, in use, is greater than the threshold value, in order for said foldable roof to be moved to the closing position (“According to an advantageous exemplary embodiment of the invention, a period of time is additionally recorded in order to form the characteristic value, in which period the temperature and/or the humidity of the vehicle roof are measured. To form the characteristic value, a temporal integral over the measured temperature and/or the measured humidity can advantageously be formed.” (Para 0021) and “According to a further advantageous exemplary embodiment of the invention, a warning message is output by a user interface if the warning signal has been output. The user interface can in particular comprise an optical and optionally graphical display device such as a light emitting diode or a screen and/or an acoustic output device such as a buzzer or loudspeaker. By means of the warning message, a vehicle driver can be informed that he is to close the vehicle roof on the next occasion in order to enable the vehicle roof to dry” (Para 0022), and “If, for example, a predefined lower limit value for the air humidity is exceeded by the internal sensor 4 at a specific detected temperature, then a clock (timer, TI) 7 is set in operation in the top controller 7, with which the time period for which the vehicle top is in the open state is measured. In this case, a temporal integral over respective measured values for temperature and/or humidity of the first and/or second sensor 4 or 8 can be formed as a characteristic value, for example. If, within a predetermined period of time and/or at the end of the period of time, the respective characteristic value exceeds a respective threshold value, a warning signal is generated by the convertible top controller 3 and is transmitted to the user interface (engl. Human Machine Interface, HMI) 5. This includes, for example, a screen, a warning light and/or a loudspeaker, with which respective warning messages are output graphically and/or acoustically to the vehicle driver, which warning messages cause him to close the vehicle roof 2, for example by means of a key press on the user interface 5, by means of which a corresponding action signal is output to the motor 6.” (Para 0035)).
However, Enders does not specifically disclose of a plurality of wheels rotatable relative to the frame about respective rotational axes;
a foldable roof movable relative to the frame and adapted to selectively cover, in use, the cabin at a top thereof opposite to the wheels along a direction vertical, in use.
Queveau, in the same field of endeavor, teaches of a plurality of wheels rotatable relative to the frame about respective rotational axes (“Having said this, in the example illustrated the front 15a and rear 15b roof elements are connected to each other close to their rear edge and their front edge respectively, through an articulation 20. FIG. 2 shows the articulation axis between these panels as mark 20a. This axis is transverse (in this case perpendicular) to the longitudinal axis 21 of the vehicle, and to the median vertical plane 30 parallel to this axis 21. Therefore, the plane 30 globally forms the plane of symmetry on each side of which are located particularly the left seat 31 and the right seat 33 (driver and passenger) side by side, as shown in FIG. 4. Remember, that the axis 21 is perpendicular to the axle of the non-steering wheels of the vehicle.” (Para 0039), see also Fig 1);
a foldable roof movable relative to the frame and adapted to selectively cover, in use, the cabin at a top thereof opposite to the wheels along a direction vertical, in use (“Having said this, in the example illustrated the front 15a and rear 15b roof elements are connected to each other close to their rear edge and their front edge respectively, through an articulation 20. FIG. 2 shows the articulation axis between these panels as mark 20a. This axis is transverse (in this case perpendicular) to the longitudinal axis 21 of the vehicle, and to the median vertical plane 30 parallel to this axis 21. Therefore, the plane 30 globally forms the plane of symmetry on each side of which are located particularly the left seat 31 and the right seat 33 (driver and passenger) side by side, as shown in FIG. 4. Remember, that the axis 21 is perpendicular to the axle of the non-steering wheels of the vehicle.” (Para 0039), “The roof 15 comprises several rigid, movable roof panels adapted to cover the passenger compartment 17 in their first deployed relative position (roof closed, in solid lines in FIG. 1), while they can be folded towards the others in the second open, roof stored position.” (Para 0036), see also Fig 1);
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle with a foldable roof, as taught by Enders, to include a plurality of wheels, where the foldable roof covers the cabin opposite of the vertical direction of the wheels, as taught by Queveau, with a reasonable expectation of success in order to cover the passenger in the vehicle (Queveau Para 0036).
In regards to claim 2, Enders in view of Queveau teaches of the motor vehicle according to claim 1, further comprising a drive unit adapted to automatically move the foldable roof between the opening position and the closing position, the drive unit being operatively connected to the electronic control unit, and the electronic control unit being programmed to command the sensory system to detect the quantity after a time interval from the moment in which the drive unit has moved, in use, the foldable roof from the closing position to the opening position (“By means of the warning signal, in particular an actuator such as an electrically controllable motor can be controlled in such a way that the vehicle roof is brought into the closed state. This allows the vehicle roof to be exposed to fresh air for drying. For example, a heating fan as described above can also be provided as an actuator.” (Para 0028), “In the convertible vehicle 1 shown in the figure, a textile, flexible top (VER) 2 is provided, which can be moved into a closed state and an open state by means of an electric motor (MO) 6 that can be controlled by a top controller (VST) 3. In the open state, it is folded in the trunk of the convertible 1. the humidity and/or the temperature is measured on the surface of the vehicle roof 2, which points into the vehicle interior in the closed state of the vehicle roof 2, by means of a so-called internal humidity and temperature sensor (ISE) 4.” (Enders Para 0032), “In one exemplary embodiment of the invention, provision can be made in particular to control the output of the warning message as a function of the measured temperature, measured humidity and the time since the vehicle roof has been brought into the open state and/or a predefined humidity threshold value and/or temperature threshold value has been reached. For this purpose, a corresponding control regulating mechanism and/or control parameters or control values can be provided in a corresponding electronic control. The controller can comprise, in particular, a computer program in which the regulating mechanism is stored.” (Enders Para 0020), see also Enders Para 0021 and 0035).
In regards to claim 3, Enders in view of Queveau teaches of the motor vehicle according to claim 1, wherein the electronic control unit is programmed to command the sensory system to periodically detect the quantity when the foldable roof is, in use, in the opening position (“According to an advantageous exemplary embodiment of the invention, a period of time is additionally recorded in order to form the characteristic value, in which period the temperature and/or the humidity of the vehicle roof are measured. To form the characteristic value, a temporal integral over the measured temperature and/or the measured humidity can advantageously be formed.” (Enders Para 0021), “If, for example, a predefined lower limit value for the air humidity is exceeded by the internal sensor 4 at a specific detected temperature, then a clock (timer, TI) 7 is set in operation in the top controller 7, with which the time period for which the vehicle top is in the open state is measured. In this case, a temporal integral over respective measured values for temperature and/or humidity of the first and/or second sensor 4 or 8 can be formed as a characteristic value, for example. If, within a predetermined period of time and/or at the end of the period of time, the respective characteristic value exceeds a respective threshold value, a warning signal is generated by the convertible top controller 3 and is transmitted to the user interface (engl. Human Machine Interface, HMI) 5. This includes, for example, a screen, a warning light and/or a loudspeaker, with which respective warning messages are output graphically and/or acoustically to the vehicle driver, which warning messages cause him to close the vehicle roof 2, for example by means of a key press on the user interface 5, by means of which a corresponding action signal is output to the motor 6.” (Enders Para 0035), See also Enders Para 0036).
In regards to claim 5, Enders in view of Queveau teaches of the motor vehicle according to claim 1, wherein the signalling means comprises an indicator light (“If, for example, a predefined lower limit value for the air humidity is exceeded by the internal sensor 4 at a specific detected temperature, then a clock (timer, TI) 7 is set in operation in the top controller 7, with which the time period for which the vehicle top is in the open state is measured. In this case, a temporal integral over respective measured values for temperature and/or humidity of the first and/or second sensor 4 or 8 can be formed as a characteristic value, for example. If, within a predetermined period of time and/or at the end of the period of time, the respective characteristic value exceeds a respective threshold value, a warning signal is generated by the convertible top controller 3 and is transmitted to the user interface (engl. Human Machine Interface, HMI) 5. This includes, for example, a screen, a warning light and/or a loudspeaker, with which respective warning messages are output graphically and/or acoustically to the vehicle driver, which warning messages cause him to close the vehicle roof 2, for example by means of a key press on the user interface 5, by means of which a corresponding action signal is output to the motor 6.” (Enders Para 0035)).
In regards to claim 6, Enders in view of Queveau teaches of the motor vehicle according to claim 1, wherein the signalling means comprises a sound emitter (“If, for example, a predefined lower limit value for the air humidity is exceeded by the internal sensor 4 at a specific detected temperature, then a clock (timer, TI) 7 is set in operation in the top controller 7, with which the time period for which the vehicle top is in the open state is measured. In this case, a temporal integral over respective measured values for temperature and/or humidity of the first and/or second sensor 4 or 8 can be formed as a characteristic value, for example. If, within a predetermined period of time and/or at the end of the period of time, the respective characteristic value exceeds a respective threshold value, a warning signal is generated by the convertible top controller 3 and is transmitted to the user interface (engl. Human Machine Interface, HMI) 5. This includes, for example, a screen, a warning light and/or a loudspeaker, with which respective warning messages are output graphically and/or acoustically to the vehicle driver, which warning messages cause him to close the vehicle roof 2, for example by means of a key press on the user interface 5, by means of which a corresponding action signal is output to the motor 6.” (Enders Para 0035)).
In regards to claim 7, Enders in view of Queveau teaches of the motor vehicle according to claim 1, wherein the signalling means comprises a control panel (“If, for example, a predefined lower limit value for the air humidity is exceeded by the internal sensor 4 at a specific detected temperature, then a clock (timer, TI) 7 is set in operation in the top controller 7, with which the time period for which the vehicle top is in the open state is measured. In this case, a temporal integral over respective measured values for temperature and/or humidity of the first and/or second sensor 4 or 8 can be formed as a characteristic value, for example. If, within a predetermined period of time and/or at the end of the period of time, the respective characteristic value exceeds a respective threshold value, a warning signal is generated by the convertible top controller 3 and is transmitted to the user interface (engl. Human Machine Interface, HMI) 5. This includes, for example, a screen, a warning light and/or a loudspeaker, with which respective warning messages are output graphically and/or acoustically to the vehicle driver, which warning messages cause him to close the vehicle roof 2, for example by means of a key press on the user interface 5, by means of which a corresponding action signal is output to the motor 6.” (Enders Para 0035)).
In regards to claim 8, Enders in view of Queveau teaches of the motor vehicle according to claim 1, wherein the signalling means comprises a transceiver adapted to be remotely operatively connected to a mobile device (“The internal sensor 4 and the external sensor 8 can be designed in particular as so-called smart sensors (smart sensors) and the vehicle roof 2 can be designed as smart textile (smart textile) equipped with such a sensor, which are connected wirelessly, for example by means of a wireless connection, for example by means of at least one of the Bluetooth, WLAN or mobile radio (GSM G2, G2, G3, G4) to an interface arranged in the vehicle 1. In this case, it can also be provided, for example, that the vehicle-side interface supplies the respective sensor provided in the vehicle roof with energy in a wired or wireless manner, for example wirelessly by inductive transmission.” (Enders Para 0039), (“If, for example, a predefined lower limit value for the air humidity is exceeded by the internal sensor 4 at a specific detected temperature, then a clock (timer, TI) 7 is set in operation in the top controller 7, with which the time period for which the vehicle top is in the open state is measured. In this case, a temporal integral over respective measured values for temperature and/or humidity of the first and/or second sensor 4 or 8 can be formed as a characteristic value, for example. If, within a predetermined period of time and/or at the end of the period of time, the respective characteristic value exceeds a respective threshold value, a warning signal is generated by the convertible top controller 3 and is transmitted to the user interface (engl. Human Machine Interface, HMI) 5. This includes, for example, a screen, a warning light and/or a loudspeaker, with which respective warning messages are output graphically and/or acoustically to the vehicle driver, which warning messages cause him to close the vehicle roof 2, for example by means of a key press on the user interface 5, by means of which a corresponding action signal is output to the motor 6.” (Enders Para 0035)).
In regards to claim 9, Enders in view of Queveau teaches of the motor vehicle according to claim 1, wherein the signalling means comprises an indicator light, a sound emitter, a control panel, and/or a transceiver adapted to be remotely operatively connected to a mobile device (“The internal sensor 4 and the external sensor 8 can be designed in particular as so-called smart sensors (smart sensors) and the vehicle roof 2 can be designed as smart textile (smart textile) equipped with such a sensor, which are connected wirelessly, for example by means of a wireless connection, for example by means of at least one of the Bluetooth, WLAN or mobile radio (GSM G2, G2, G3, G4) to an interface arranged in the vehicle 1. In this case, it can also be provided, for example, that the vehicle-side interface supplies the respective sensor provided in the vehicle roof with energy in a wired or wireless manner, for example wirelessly by inductive transmission.” (Enders Para 0039), (“If, for example, a predefined lower limit value for the air humidity is exceeded by the internal sensor 4 at a specific detected temperature, then a clock (timer, TI) 7 is set in operation in the top controller 7, with which the time period for which the vehicle top is in the open state is measured. In this case, a temporal integral over respective measured values for temperature and/or humidity of the first and/or second sensor 4 or 8 can be formed as a characteristic value, for example. If, within a predetermined period of time and/or at the end of the period of time, the respective characteristic value exceeds a respective threshold value, a warning signal is generated by the convertible top controller 3 and is transmitted to the user interface (engl. Human Machine Interface, HMI) 5. This includes, for example, a screen, a warning light and/or a loudspeaker, with which respective warning messages are output graphically and/or acoustically to the vehicle driver, which warning messages cause him to close the vehicle roof 2, for example by means of a key press on the user interface 5, by means of which a corresponding action signal is output to the motor 6.” (Enders Para 0035)).
In regards to claims 10-12, the claims recite analogous limitations to claims 1-3, respectively, and are therefore rejected on the same premise.
In regards to claim 14, the claim recites analogous limitations to the combination of claims 1-3, and is therefore rejected on the same premise.
Allowable Subject Matter
Claims 4, 13, and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
In regards to claim 4, the closest prior art of record is Enders (DE 102015209664; already of record from IDS; see attached English translation for citations) in view of Queveau et al. (US 20060001289; hereinafter Queveau). Enders in view of Queveau teaches of the motor vehicle according to claim 1, wherein the electronic control unit is programmed to command the sensory system to detect, in use, the threshold value.
However, Enders in view of Queveau does not fully teach of the threshold value being the value of the quantity when the foldable roof is, in use, in the closing position or when it is moved, in use, from the closing position towards the opening position. It is noted that the prior art teaches of determining a threshold humidity amount when the foldable roof is in an opening position, such that it can be determined if there is moisture in the stowage location. However, there is no teaching of determining if the humidity in the stowage compartment exceeds a threshold when the foldable rood is in a closing position or is moved from a closing position to an opening position, in combination with the remaining claim limitations. Therefore the claim contains allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wells (US 20060006701) discloses of determining humidity within the cabin of a vehicle and automatically closing a power roof is a threshold is exceeded.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kyle J Kingsland whose telephone number is (571)272-3268. The examiner can normally be reached Mon-Fri 8:00-4:30.
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/KYLE J KINGSLAND/ Primary Examiner, Art Unit 3663