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 § 103
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.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weaver in view of Hara et al., Us Pg. pub. No. (2020/0307635) referred to hereinafter as Hara.
As per claim 1, weaver teaches a method for calibrating a gesture recognition algorithm for the gesture-controlled opening of an area of a vehicle closed by a movable component, the method comprising: providing the gesture recognition algorithm in a computer-readable format which is adapted to recognize a predetermined gesture as a function of a time-dependent sensor signal of an ultrasonic sensor of the vehicle (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B); generating a time-dependent first sensor signal by means of the ultrasonic sensor while a first person performs a gesture movement in a field of view of the ultrasonic sensor (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B); and determining a first value of a predetermined parameter of the gesture recognition algorithm and stored as a function of the first sensor signal (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B). Although Weaver teaches gesture recognition algorithm, Weaver does not expressly teach open the area of the vehicle based on predetermined gesture. However Hara teaches opening an area of the vehicle based on the predetermined gesture (see at least Para 99, 100, 112). It would have been obvious to one of ordinary skill in the art before the filing of the invention to incorporate the teachings of Hara into the disclosure of Weaver in order to provide the user with an added convenience of opening an area of vehicle such as a door or a window thereby enhancing user satisfaction.
As per claim 2, weaver teaches a method as claimed in claim 1, further comprising: determining a characteristic property of the gesture movement regarding the first person as a function of the first sensor signal (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B); and determining the first value of the parameter as a function of the characteristic property determined regarding the first person (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B).
As per claim 3, weaver teaches a method as claimed in claim 2, wherein the characteristic property comprises: an initial spacing of a body part, moved during the gesture movement, from the ultrasonic sensor (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B); and/or a final spacing of the body part after or upon completion of the gesture movement; and/or a speed of movement of the body part during the gesture movement (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B); and/or a time duration of the gesture movement; and/or a maximum amplitude of a signal pulse of the first sensor signal during the gesture movement (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B).
As per claim 4, weaver teaches a method as claimed in claim 2, further comprising: repeating the generation of the first sensor signal while the first person repeatedly performs the gesture movement in the field of view of the ultrasonic sensor (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B); repeating the determination of the characteristic property of the gesture movement regarding the first person on the basis of the repeatedly generated first sensor signal (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B); and determining the first value of the parameter as a function of the repeatedly determined characteristic property (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B).
As per claim 5, weaver teaches a method as claimed in claim 2, further comprising implementing a state machine based on the gesture recognition algorithm (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B).
As per claim 6, weaver teaches a method as claimed in claim 2, further comprising: generating a time-dependent second sensor signal by means of the ultrasonic sensor while a second person performs the gesture movement in the field of view of the ultrasonic sensor (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B); determining the characteristic property of the gesture movement regarding the second person as a function of the second sensor signal (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B); and determining and storing a second value of the parameter as a function of the characteristic property determined regarding the second person (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B).
As per claim 7, weaver teaches a method as claimed in claim 1, wherein the gesture recognition algorithm comprises a recurrent neural network and the parameter is a weighting factor or a bias parameter of the recurrent neural network (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B).
As per claim 8, weaver teaches a method as claimed in claim 1, further comprising: activating a calibration mode of an ultrasonic sensor system, which comprises the ultrasonic sensor; and generating the first sensor signal in the calibration mode (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B).
As per claim 9, weaver teaches a method as claimed in claim 8, further comprising: transmitting at least one radio signal to at least one computing unit of the ultrasonic sensor system by means of an electronic apparatus external to the vehicle; and activating the calibration mode as a function of the transmitted at least one radio signal (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B).
As per claim 10, weaver teaches a method as claimed in claim 8, further comprising: transmitting identification information of the first person to the at least one computing unit using the at least one radio signal (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B); and storing the first value of the parameter in a user profile of the first person as a function of the identification information (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B).
As per claim 11, weaver teaches a method as claimed in claim 8, further comprising activating the calibration mode as a function of a user input recorded by means of a user input apparatus of the vehicle (see at least abstract, summary, Para 21-24, 40, 46-48, fig. 1, 2A-2B).
As per claims 12-14, the limitations of claims 12-14 are similar to the limitations of claims 1-10, therefore they are rejected based on the same rationale.
Response to Arguments
Applicant's arguments have been considered but are moot in view of new grounds of rejection.
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 extension fee 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.
Please refer to from 892 for cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUSSA A SHAAWAT whose telephone number is (313)446-6592. The examiner can normally be reached Monday-Friday 9am-5pm.
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/MUSSA A SHAAWAT/Primary Examiner, Art Unit 3669
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