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 .
2. This Office Action is sent in response to Applicant's Communication received on December 26, 2024 for application number 19/001,552. This Office hereby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, and Claims.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on December 26, 2024 was submitted in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
4. Acknowledgment is made of applicant's claim for foreign priority under 35 U.S.C. 119(a)-(d). The certified copy has been filed in parent Application No. JP 2024-001312 filed on January 09, 2024.
Disposition of Claims
Claims 1-3 are pending in this application.
Claims 1-3 are rejected.
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 enough 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 enough 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 enough 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 enough structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitations are:
“Controller”, “back door open/close detector” and “user detector” in claims 1-3.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (Nakashima – US 2006/0284388 A1).
Regarding claim 1, Nakashima discloses:
A vehicle height control system (system for controlling vehicle-mounted equipment: Fig. 1) comprising:
a controller (vehicle height control unit 9: Fig. 1) configured to control a vehicle height;
a back door open/close detector (touch sensors 6a1 to 6e1 to detect a user holding the portable device 1: Fig. 1) configured to detect opening and closing of a back door (rear door 15: Fig. 1) of a vehicle (vehicle 10: Fig. 1); and
a user detector (portable device 1: Fig. 1) configured to detect a user (User approaching the rear door 15 with portable device 1: Fig. 1) outside the vehicle (vehicle 10: Fig. 1),
wherein the controller (vehicle height control unit 9: Fig. 1) is configured to:
receive information from the back door open/close detector (touch sensors 6a1 to 6e1 to detect a user holding the portable device 1: Fig. 1) and the user detector (portable device 1: Fig. 1); and
control the vehicle height when the back door (rear door 15: Fig. 1) is opened and the user (User approaching the rear door 15 with portable device 1: Fig. 1) is in a vicinity of the vehicle (vehicle 10: Fig. 1) ([0069]: “In the above first to third embodiments, the control operation is executed to decrease the vehicle height when the user holding the portable device 1 has approached any one of the doors 11 to 15 or has operated any one of the door handles 6a1 to 6e1 of the doors. However, in a vehicle having a height which at its initial position is set to be relatively low and enabling the passenger to easily get in, the control operation may be executed to decrease the vehicle height {{{concerning the rear door 15 only}}}. That is, when the user holding the portable device 1 approaches the rear door 15 or when the door handle 6e provided in the rear door 15 is operated, the control operation may be executed to lower the vehicle height. This is because even a vehicle having a relatively small vehicle height at its initial position, in many cases, has an opening that is positioned relatively high when the rear door 15 is opened”).
Regarding claim 2, Nakashima disclose the vehicle height control system according to claim 1, and further on Nakashima also discloses:
wherein the controller (vehicle height control unit 9: Fig. 1) is configured to
return the vehicle height to an initial position when the controller (vehicle height control unit 9: Fig. 1) determines that the back door (rear door 15: Fig. 1) is closed from an open state based on the information received from the back door open/close detector (touch sensors 6a1 to 6e1 to detect a user holding the portable device 1: Fig. 1) {[0026, 0031, 0035-0039, 0050-0052, 0067-0070]}.
Regarding claim 3, Nakashima disclose the vehicle height control system according to claim 1, and further on Nakashima also discloses:
wherein the controller (vehicle height control unit 9: Fig. 1) is configured to
receive registration of user information, and the controller (vehicle height control unit 9: Fig. 1) is configured to, when a registered user is detected by the user detector (portable device 1: Fig. 1), determine the vehicle height corresponding to the registered user based on the user information, and adjust the vehicle height according to a determination result {[0026, 0031, 0035-0039, 0050-0052, 0067-0070]}.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
CN 113580867 A - WANG
CN 116424051 A - YUAN
Therefore, the invention can use the function of the air suspension to change the height of the chassis of the luggage case according to the height of different people and the form of carrying articles, which can better satisfy the comfort and convenience of the operator. at the same time, the distance value H4 between the bottom of the tail end of the back door of the vehicle and the head and top of the human body at the target standing position is adjusted to be greater than zero, which ensures good passing and safety. The vehicle slope identification device identifies whether the ground is uphill or downhill, ensures the vehicle body in horizontal state by adjusting the front and back suspension frames and prevents the article in the luggage case from sliding ([0045]).
Further comprising a back door module in communication connection with the environment obtaining module, for controlling the air suspension to adjust the distance value between the bottom of the tail end of the back door of the vehicle and the head top of the human body at the target standing position to be greater than zero. Therefore, when the motor adjusts the height of the back door of the vehicle, it can avoid the influence of the bottom of the tail end of the back door to the passing ability of people and the collision of the top of the garage ([0075]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ruben Picon-Feliciano whose telephone number is (571)-272-4938. The examiner can normally be reached on Monday-Thursday within 11:30 am-7:30 pm ET.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lindsay M. Low can be reached on (571)272-1196. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUBEN PICON-FELICIANO/Examiner, Art Unit 3747
/GRANT MOUBRY/Primary Examiner, Art Unit 3747