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 .
Priority
Examiner acknowledges Applicant’s claim to priority benefits of JP2024-071481 filed 4/25/2024.
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 3/17/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement(s) is/are being considered if signed and initialed by the Examiner.
Claim Rejections - 35 USC § 102
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 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.
For applicant’s benefit portions of the cited reference(s) have been cited to aid in the review of the rejection(s). While every attempt has been made to be thorough and consistent within the rejection it is noted that the PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS. See MPEP 2141.02 VI.
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.
Claims 1-5, 7, 10-12 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (JP 6533759 B2) [English Translation].
Regarding claim 1, (JP ‘759) anticipates “a kick sensor to be provided in a vehicle and detecting a motion of a leg of a person that triggers control of a door of the vehicle (page 1 paragraph 1: a motion sensor that correctly detects the characteristics of the behavior of a moving object without being influenced by the environment, a vehicle control device using the motion sensor, and a method of determining the behavior of a vehicle user; page 4 first paragraph: the detection signal is input from the motion sensor 20 to the control device 10, the control device 10 determines from the detection signal that the vehicle user represents the door opening/ closing intention to open the back door 61; page 4 paragraph 2: FIG. 4A is a view showing a detection procedure of the kicking operation in the first detection area A 1, and FIG. 48 is a second detection area A2. The kicking motion to be detected is generally a series of motions such as swinging the leg,
swinging the leg off, and pulling out the leg under the vehicle…the motion sensor 20 outputs a detection signal when it detects such a series of operations…FIG. 4 (a) shows how a vehicle user swings a leg under the vehicle…the motion sensor 20 detects the behavior of the leg (for example, in the vicinity of the shank of the leg) in the first detection area A 1 as a first topler signal), the kick sensor comprising:
a first antenna that receives a radio wave from at least a lateral side of the door of the vehicle (page 4 paragraph 2: FIG. 4 (a) shows how a vehicle user swings a leg under the vehicle…the motion sensor 20 detects the behavior of the leg (for example, in the vicinity of the shank of the leg) in the first detection area A1 as a first topler signal); and
a second antenna that receives a radio wave from at least a lower side of the door of the vehicle (page 2 paragraph 4: the sensor component includes a first antenna 23 and a second antenna 24 mounted on the circuit board 22 and a high frequency electronic circuit; page 2 paragraph 5: the first antenna 23 and the second antenna 24 are mounted on the surface portions opposite to each other with the circuit board 22 in between, and form a detection area in the direction perpendicular to the mounting surface of each surface portion…when the radome 21a is attached to a vehicle, the first antenna 23 forms a detection area obliquely upward toward the sky, and the second antenna 24 forms a detection area obliquely downward toward the ground surface…each detection area is an area that depends on the antenna beam width and has a certain extent; page 3 last paragraph : the motion sensor 20 is installed at a position where it is
possible to detect the movement of the legs of the vehicle user's legs and the legs. For example, it is installed in a rear bumper of a vehicle made of a radio wave permeable member, and in operation, as shown, a first detection area A 1 is formed obliquely upper right and a second detection area A2 is formed obliquely lower left. Do…the control device 10 and the short distance communication unit 40 are provided in an empty space at the rear of the vehicle…the authentication unit 30 and the notification unit 50 are provided near the control device 10…the actuator 60 is a mechanism that automatically opens and closes the back door 61. Control device 10 determines the intention of the vehicle user to open and close the door based on the ID authentication of the smart key and the detection signal from motion sensor 20…the actuator 60 is driven to open the door; page 4 paragraph 2: the area near the shank of the leg approaches the sensor at a relatively high speed. When the foot enters the second detection area A2 and reaches near the motion sensor 20, the behavior of the foot is detected as a second Doppler signal in the second detection area A2, as shown in Figure 4(b)).”
Regarding claim 2, which is dependent on independent claim 1, (JP ‘759) anticipates the kick sensor of claim 1. (JP ‘759) further anticipates “the first antenna has directivity for the radio wave from the lateral side (page 4 paragraph 2: FIG. 4 (a) shows how a vehicle user swings a leg under the vehicle. At this time, the motion sensor 20 detects the behavior of the leg (for example, in the vicinity of the shank of the leg) in the first detection area A1 as a first topler signal).”
Regarding claim 3, which is dependent on independent claim 1, (JP ‘759) anticipates the kick sensor of claim 1. (JP ‘759) further anticipates “the second antenna has directivity for the radio wave from the lower side (page 4 paragraph 2: the area near the shank of the leg approaches the sensor at a relatively high speed. When the foot enters the second detection area A2 and reaches near the motion sensor 20, the behavior of the foot is detected as a second Doppler signal in the second detection area A2, as shown in Figure 4(b)).”
Regarding claim 4, which is dependent on independent claim 1, (JP ‘759) anticipates the kick sensor of claim 1. (JP ‘759) further anticipates “the first antenna and the second antenna are configured as patterns formed in a single substrate (page 5 last paragraph: the motion sensor 20 is configured using a Doppler radar, the
mounting area of the first antenna 23 and the second antenna 24 on the circuit board 22).”
Regarding claim 5, which is dependent on claim 4, (JP ‘759) anticipates the kick sensor of claim 4. (JP ‘759) further anticipates “the substrate includes a surface along which the first antenna and the second antenna are formed (Figure 2), and the substrate is provided on a rear end side in the vehicle while the surface faces a rear side in a traveling direction of the vehicle (Figures 3-5).”
Regarding claim 7, which is dependent on independent claim 1, (JP ‘759) anticipates the kick sensor of claim 1. (JP ‘759) further anticipates “the first antenna can transmit a radio wave to the lateral side (page 4 paragraph 2: FIG. 4 (a) shows how a vehicle user swings a leg under the vehicle…the motion sensor 20 detects the behavior of the leg (for example, in the vicinity of the shank of the leg) in the first detection area A1 as a first topler signal), and the second antenna can transmit a radio wave to the lower side (page 4 paragraph 2: the area near the shank of the leg approaches the sensor at a relatively high speed. When the foot enters the second detection area A2 and reaches near the motion sensor 20, the behavior of the foot is detected as a second Doppler signal in the second detection area A2, as shown in FIG. 4 (b)).”
Regarding claim 10, which is dependent on claim 2, (JP ‘759) anticipates the kick sensor of claim 2. (JP ‘759) further anticipates “the second antenna has directivity for the radio wave from the lower side (page 4 paragraph 2: the area near the shank of the leg approaches the sensor at a relatively high speed. When the foot enters the second detection area A2 and reaches near the motion sensor 20, the behavior of the foot is detected as a second Doppler signal in the second detection area A2, as shown in Figure 4(b)).”
Regarding claim 11, which is dependent on claim 2, (JP ‘759) anticipates the kick sensor of claim 2. (JP ‘759) further anticipates “the first antenna and the second antenna are configured as patterns formed in a single substrate (page 5 last paragraph: the motion sensor 20 is configured using a Doppler radar, the mounting area of the first antenna 23 and the second antenna 24 on the circuit board 22).”
Regarding claim 12, which is dependent on claim 11, (JP ‘759) anticipates the kick sensor of claim 11. (JP ‘759) further anticipates “the substrate includes a surface along which the first antenna and the second antenna are formed (Figure 2), and the substrate is provided on a rear end side in the vehicle while the surface faces a rear side in a traveling direction of the vehicle (Figures 3-5).”
Regarding claim 14, which is dependent on claim 2, (JP ‘759) anticipates the kick sensor of claim 2. (JP ‘759) further anticipates “the first antenna can transmit a radio wave to the lateral side (page 4 paragraph 2: FIG. 4 (a) shows how a vehicle user swings a leg under the vehicle…the motion sensor 20 detects the behavior of the leg (for example, in the vicinity of the shank of the leg) in the first detection area A1 as a first topler signal), and the second antenna can transmit a radio wave to the lower side (page 4 paragraph 2: the area near the shank of the leg approaches the sensor at a relatively high speed. When the foot enters the second detection area A2 and reaches near the motion sensor 20, the behavior of the foot is detected as a second Doppler signal in the second detection area A2, as shown in FIG. 4 (b)).”
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.
Claims 6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over (JP 6533759 B2) [English Translation], and further in view of Wang et al. (US 2018/0224536 A1).
Regarding claim 6, which is dependent on independent claim 1, (JP ‘759) discloses the kick sensor of claim 1. (JP ‘759) does not explicitly disclose “the first antenna can transmit and receive a vertically polarized radio wave and a horizontally polarized radio wave.”
Wang et al. (‘536) relates to radar system. Wang et al. (‘536) teaches “the first antenna can transmit and receive a vertically polarized radio wave and a horizontally polarized radio wave (paragraph 21: the plurality of transmitters 200 may be configured to operate at 76-81 GHz spectrum in transmitting the horizontally polarized mm-wave radar signal 208 and the vertically polarized mm-wave radar signal 210 using at least two different transmitters with pre-configured fixed polarizations…the at least two different transmitters, for example, may be coupled to corresponding transmitter antenna (not shown)…although the plurality of transmitters 200 in FIG. 2 shows a couple of different transmitters in transmitting the mm-wave radar signals using at least two different signal orientations i.e., horizontal and vertical polarizations, additional number of transmitters with pre-configured fixed polarizations may be added and utilized).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the kick sensor of (JP ‘759) with the teaching of Wang et al. (‘536) for more reliable detection (Wang et al. (‘536) – paragraph 5). In addition, both of the prior art references, ((JP ‘759) and Wang et al. (‘536)) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, object detection using multi-antenna sensor system.
Regarding claim 13, which is dependent on claim 2, (JP ‘759) discloses the kick sensor of claim 2. (JP ‘759) does not explicitly disclose “the first antenna can transmit and receive a vertically polarized radio wave and a horizontally polarized radio wave.”
Wang et al. (‘536) relates to radar system. Wang et al. (‘536) teaches “the first antenna can transmit and receive a vertically polarized radio wave and a horizontally polarized radio wave (paragraph 21: the plurality of transmitters 200 may be configured to operate at 76-81 GHz spectrum in transmitting the horizontally polarized mm-wave radar signal 208 and the vertically polarized mm-wave radar signal 210 using at least two different transmitters with pre-configured fixed polarizations…the at least two different transmitters, for example, may be coupled to corresponding transmitter tantenna (not shown)…although the plurality of transmitters 200 in FIG. 2 shows a couple of different transmitters in transmitting the mm-wave radar signals using at least two different signal orientations i.e., horizontal and vertical polarizations, additional number of transmitters with pre-configured fixed polarizations may be added and utilized).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the kick sensor of (JP ‘759) with the teaching of Wang et al. (‘536) for more reliable detection (Wang et al. (‘536) – paragraph 5). In addition, both of the prior art references, ((JP ‘759) and Wang et al. (‘536)) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, object detection using multi-antenna sensor system.
Claims 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over (JP 6533759 B2) [English Translation], and further in view of Hirano (US 4,897,644).
Regarding claim 8, which is dependent on independent claim 1, (JP ‘759) discloses the kick sensor of claim 1. (JP ‘759) does not explicitly disclose “a control unit that switches a state of the first antenna and the second antenna between a first state and a second state alternately, wherein, in the first state, one of the first antenna and the second antenna transmits the radio wave, and in the second state, another of the first antenna and the second antenna transmits the radio wave.”
Hirano (‘644) relates to keyless entry system for automotive vehicle devices. Hirano (‘644) teaches “a control unit that switches a state of the first antenna and the second antenna between a first state and a second state alternately, wherein, in the first state, one of the first antenna and the second antenna transmits the radio wave, and in the second state, another of the first antenna and the second antenna transmits the radio wave (column 7 lines 56-63: the microprocessor 232 sends the switching signal Ss to the switching circuit 231 which then switches between its first and second positions, at a step 2004…after a relatively short delay allowing the switching circuit 231 to switch positions, the demand signal SD is produced and output through the modulator 238 and the selected antenna 214 or 215; claim 5: said switching circuit changes switch position between a first position in which each said second antenna is connected to said controller and a second position in which each said third antenna is connected to said controller, said switching circuit responsive to a periodic switching signal from said controller to alternate between said first and second switch positions).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the kick sensor of (JP ‘759) with the teaching of Hirano (‘644) for more reliable detection. In addition, both of the prior art references ((JP ‘759) and Hirano (‘644)) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, object detection using multi-antenna sensor system.
Regarding claim 15, which is dependent on claim 2, (JP ‘759) discloses the kick sensor of claim 2. (JP ‘759) does not explicitly disclose “a control unit that switches a state of the first antenna and the second antenna between a first state and a second state alternately, wherein, in the first state, one of the first antenna and the second antenna transmits the radio wave, and in the second state, another of the first antenna and the second antenna transmits the radio wave.”
Hirano (‘644) relates to keyless entry system for automotive vehicle devices. Hirano (‘644) teaches “a control unit that switches a state of the first antenna and the second antenna between a first state and a second state alternately, wherein, in the first state, one of the first antenna and the second antenna transmits the radio wave, and in the second state, another of the first antenna and the second antenna transmits the radio wave (column 7 lines 56-63: , the microprocessor 232 sends the switching signal Ss to the switching circuit 231 which then switches between its first and second positions, at a step 2004…after a relatively short delay allowing the switching circuit 231 to switch positions, the demand signal SD is produced and output through the modulator 238 and the selected antenna 214 or 215; claim 5: said switching circuit changes switch position between a first position in which each said second antenna is connected to said controller and a second position in which each said third antenna is connected to said controller, said switching circuit responsive to a periodic switching signal from said controller to alternate between said first and second switch positions).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the kick sensor of (JP ‘759) with the teaching of Hirano (‘644) for more reliable detection. In addition, both of the prior art references ((JP ‘759) and Hirano (‘644)) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, object detection using multi-antenna sensor system.
Claims 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over (JP 6533759 B2) [English Translation], and further in view of Nakata et al. (US 2014/0194793 A1).
Regarding claim 9, which is dependent on independent claim 1, (JP ‘759) discloses the kick sensor of claim 1. (JP ‘759) does not explicitly disclose “the kick sensor determines whether a motion of the leg of the person is made, based on a ratio between intensity of the radio wave received by the first antenna and intensity of the radio wave received by the second antenna.”
Nakata et al. (‘793) relates to monitoring system. Nakata et al. (‘793) teaches “the kick sensor determines whether a motion of the leg of the person is made, based on a ratio between intensity of the radio wave received by the first antenna and intensity of the radio wave received by the second antenna (paragraph 372: Since the modulated backscatter from the tag (sideband Doppler shift) can originate only from the chest region physically attached to the tag, and the carrier Doppler shift results from the illumination of a larger area that can include the hands, arms, shoulders, and legs, it is expected that two signals can exhibit subtle differences …the modulated backscatter can be more immune to fidgeting motion, since there can be fewer potential sources of non-cardiopulmonary motion attached to the tag. In some embodiments, the Doppler-shift signal obtained from the tag can be compared with the Doppler shift signal obtained from the non-tag reflections. In some embodiments, significant differences in the two signals can indicate non-cardiopulmonary motion in the signal obtained with the non-tag reflections. In some embodiments, the two signals can be compared with a cross correlation function, and the degree of correlation between the signals can be used to determine whether or not to indicate non-cardiopulmonary motion).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the kick sensor of (JP ‘759) with the teaching of Nakata et al. (‘793) for more reliable detection (Nakata et al. (‘793) – paragraph 6). In addition, both of the prior art references, ((JP ‘759) and Nakata et al. (‘793)) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, object detection using multi-antenna sensor system.
Regarding claim 16, which is dependent on claim 2, (JP ‘759) discloses the kick sensor of claim 2. (JP ‘759) does not explicitly disclose “the kick sensor determines whether a motion of the leg of the person is made, based on a ratio between intensity of the radio wave received by the first antenna and intensity of the radio wave received by the second antenna.”
Nakata et al. (‘793) relates to monitoring system. Nakata et al. (‘793) teaches “the kick sensor determines whether a motion of the leg of the person is made, based on a ratio between intensity of the radio wave received by the first antenna and intensity of the radio wave received by the second antenna (paragraph 372: Since the modulated backscatter from the tag (sideband Doppler shift) can originate only from the chest region physically attached to the tag, and the carrier Doppler shift results from the illumination of a larger area that can include the hands, arms, shoulders, and legs, it is expected that two signals can exhibit subtle differences …the modulated backscatter can be more immune to fidgeting motion, since there can be fewer potential sources of non-cardiopulmonary motion attached to the tag. In some embodiments, the Doppler-shift signal obtained from the tag can be compared with the Doppler shift signal obtained from the non-tag reflections. In some embodiments, significant differences in the two signals can indicate non-cardiopulmonary motion in the signal obtained with the non-tag reflections. In some embodiments, the two signals can be compared with a cross correlation function, and the degree of correlation between the signals can be used to determine whether or not to indicate non-cardiopulmonary motion).”
It would have been obvious to one of ordinary skill-in-the-art before the effective filing date of the claimed invention to modify the kick sensor of (JP ‘759) with the teaching of Nakata et al. (‘793) for more reliable detection (Nakata et al. (‘793) – paragraph 6). In addition, both of the prior art references, ((JP ‘759) and Nakata et al. (‘793)) teach features that are directed to analogous art and they are directed to the same field of endeavor, such as, object detection using multi-antenna sensor system.
Citation of Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Brankovic et al. (US 12,809,933 B2) describes imposing dynamic control of the mechanical functionality, which enables movement of the vehicle doors…one 180-degree mmWave sensor on one lateral side of the vehicle, one 180-degree mmWave sensor on the opposite lateral side of the vehicle, both horizontally positioned and displaced less than 50 cm from the medium door distances (column 9 lines 39-49); (mmWave sensor modules 100 have digital processing functionality 113, able to detect gestures, which can be arbitrarily pre-defined…a kick sensor 108 performed by the leg and hand gesture sensor 109 performed by the hand are pre-defined...the initialization of the process for detecting said gesture classes is advantageously done by detecting vehicle 1 keyless entry device 107, being close to the human 104 approaching vehicle 1, as shown in FIG. 3…said digital processing functionality 113 is capable of detecting movement of leg 105, where the movement of leg 105 is changing the angular position of leg 105, within the specific predefined time, and specific predefined maximum and minimum angle change…said entity 113 has sub-entity 1131, which enables starting the search for a possible gesture…said initialization of a searching process is enabled by specific permission of the driver being in vehicle 1, by permanent initialization for observation in set time frames, or by an external to a vehicle 1 trigger…said entity 113 is waiting for a wireless enabling trigger coming from the keyless entry device 107 for vehicle 1, being carried by person 104, being in a title to open the vehicle 1…while using minimum power consumption, vehicle 1 is observing the existence of the keyless entry device 107 close to the vehicle, which triggers the operation of said mmWave sensor module 100 gesture sensing capability, where said mmWave sensor module 100 gesture sensing power consumption is larger than vehicle 1 sensing operation for keyless entry 107…entity 1131 is initializing mmWave sensor module 100 sensing in the pre-defined observation areas, where the potential gesture, complying with allowed gesture detection specifications, can be expected… entity 1133 is activated if entity 1132 detects that the said minimum detection distance is achieved by object movement, and entity 1134 checks if the duration of an object movement is larger than the minimum movement duration and maximum movement duration, where said minimum movement duration and maximum movement duration are pre-set entity 1134 is activated if entity 1133 detects the compliance with said movement duration and checks if the movement duration complies with the pre-defined dynamic pattern of the movement, where the speed of the movement is analyzed, and where said change of the speed movement, or changes of the speed movement are pre-defined…said entity 1133 enables general simple gestures on one side, and on the other side prevents false alarms in gesture sensing (column 7 line 28-30); (imposing dynamic control of the mechanical functionality, which enables movement of the vehicle doors…two mmWave radar sensor modules…having access over the vehicle's communication network, imposing dynamic control of the mechanical functionality, which enables movement of the vehicle doors. wherein each of said mmWave radar sensor modules is positioned in the area below vehicle doors (column 9 lines 39-49).
Azarko (US 20210122333 A1) describes provide a hands-free entry system for a vehicle, where the installed system is substantially undetectable to the observer, such that the system is suited for both original manufacture of the vehicle or aftermarket addition to the vehicle (paragraph 30); provide pre-programmed and user customized electronic accessory triggering (paragraph 32).
Spick et al. (US 2020/0047712 A1) describes a method for activating a function of a vehicle, in this instance the unlocking and/or the locking of a vehicle door, allowing the drawbacks of the prior art to be overcome. More particularly, an aspect of the invention proposes a device for communication by NFC and a pressure detection device using an inductive sensor allowing the two devices to be in proximity to one another (paragraph 23).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NUZHAT PERVIN whose telephone number is (571)272-9795. The examiner can normally be reached M-F 9:00AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vladimir Magloire can be reached at (571) 270-5144. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NUZHAT PERVIN/Primary Examiner, Art Unit 3648
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