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 Claims
Claims 19-38 of U.S. Application No. 19/085288 filed on 07/14/2026 have been examined.
Office Action is in response to the Applicant's amendments and remarks filed07/14/2026. Claims 19 & 29 are presently amended, and Claims 1-19 are cancelled. Claims 19-38 are presently pending and are presented for examination.
Response to Arguments
In regards to the previous rejection under 35 U.S.C. § 103: Applicant’s arguments with respect to the independent claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A new grounds of rejection is made in view of US 2019/0004546A1 (“Friedmann”).
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.
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.
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) 19, 23-24, 29, & 33-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0055696A1 (“Lee”), in view of DE19902512A1 (“Goetting”), in view of US 2019/0004546A1 (“Friedmann”).
As per claim 19 Lee discloses
A method (see at least Lee, para. [0008]: a method for controlling a trunk of a vehicle to be opened or closed…), comprising:
detecting a user of a motor vehicle located outside the motor vehicle and in a reverse driving direction of the motor vehicle (see at least Lee, para. [0031]: The wearable device 110, which is a device generating the electromyogram (EMG) signal of the user depending on whether or not the user carries heavy luggage..& para. [0046]: The distance sensor 123 may sense the distance from the rear, the side, the front, or the like, of the vehicle to the user depending on a method of installing the ultrasonic sensor, the infrared sensor, the radar sensor, or the like, thereof.);
upon determining that the user intends to reach into a cargo compartment of the motor vehicle, opening a cargo compartment of the motor vehicle when an access point of a cargo apartment of the motor vehicle is within a loading distance of the user (see at least Lee, para. [0047-0048]: Here, when the distance from the vehicle (for example, a predetermined rear portion of the vehicle such as a rear bumper, or the like) to the user sensed by the distance sensor 123 is at a predetermined threshold distance or less, the trunk controller 122 may open the trunk of the vehicle.).
However Lee does not explicitly disclose
an access point;
upon detecting the user moving away from the motor vehicle in the reverse driving direction, moving the motor vehicle to follow the user in the reverse driving direction while maintaining a minimum distance between the user and the motor vehicle; and
continuing to move the motor vehicle until an access point of a cargo apartment of the motor vehicle is within a loading distance of the user that is less than the minimum distance, and then stopping the motor vehicle.
Goetting teaches
opening the motor vehicle when an access point of a cargo compartment of the motor vehicle is within a loading distance of the user (see at least Goetting, para. [0023]: The operator (3) is located in a defined area (15) and carries a transmitter (not shown) which is received by a distance-sensing device (13). As soon as he leaves the defined area (15) or releases the transmit button, the vehicle (1) stops. This happens when the operator retrieves one of the garbage bins (8) and takes it to the emptying device (7). Once he has returned the empty bin, he goes back to the defined area (15), presses the send button and continues on his way. The distance-sensing device (13) determines that the transmitter is nearby and that the signal code is correct, so the vehicle (1) continues driving. & para. [0028]: It is also useful that the door to the loading area closes automatically when the operator moves away, and opens automatically again as soon as the operator approaches.);
upon detecting the user moving away from the motor vehicle in the reverse driving direction, moving the motor vehicle to follow the user in the reverse driving direction while maintaining a minimum distance between the user and the motor vehicle (see at least Goetting, para. [0022]: In Fig. 1, the vehicle (1) can be seen reversing as a garbage truck on a predetermined lane (4)… para. [0026]: If the vehicle (1) is to follow the operator (3), the distance to the operator can also be detected with the sighting device (14) or the distance-sensing device (13) used in the same application in such a way that the driving speed can be regulated, i.e. the distance to the operator (3) is kept as constant as possible.); and
upon determining that the user intends to reach into a cargo compartment of the motor vehicle, stopping the motor vehicle (see at least Goetting, para. [0023]: The operator (3) is located in a defined area (15) and carries a transmitter (not shown) which is received by a distance-sensing device (13). As soon as he leaves the defined area (15) or releases the transmit button, the vehicle (1) stops. This happens when the operator retrieves one of the garbage bins (8) and takes it to the emptying device (7). Once he has returned the empty bin, he goes back to the defined area (15), presses the send button and continues on his way. The distance-sensing device (13) determines that the transmitter is nearby and that the signal code is correct, so the vehicle (1) continues driving.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of opening the motor vehicle when an access point of a cargo compartment of the motor vehicle is within a loading distance of the user, upon detecting the user moving away from the motor vehicle in the reverse driving direction, moving the motor vehicle to follow the user in the reverse driving direction while maintaining a minimum distance between the user and the motor vehicle; and upon determining that the user intends to reach into a cargo compartment of the motor vehicle, stopping the motor vehicle of Goetting, with a reasonable expectation of success, in order for the operator no longer has to steer the vehicle or control the driving speed from the driver's seat (see at least Goetting, para. [0005]).
Friedmann teaches
continuing to move the motor vehicle until an access point of the motor vehicle is within a loading distance of the user that is less than the minimum distance, and then stopping the motor vehicle (see at least Friedmann, para. [0018]: An advantageous embodiment provides for a sequential criterion that determines when the distance between the current motor vehicle position and the current driver position exceeds a distance threshold value. The motor vehicle thus maintains a maximum distance to the driver. If an autonomous assistance mode is activated and the driver is moving outside of the motor vehicle, then the vehicle system decides, depending on the motor vehicle's distance to the driver, whether the motor vehicle has to travel in the direction of the driver. The motor vehicle ensures that it is always less than or equal to a maximum distance from the driver, given by the distance threshold value. The motor vehicle autonomously sets itself in motion if the sequential criterion is fulfilled, and then parks near the driver. The driver has thus only to travel a short distance to the motor vehicle. On the other hand, it is possible for the motor vehicle to reach the driver much sooner if it is actively called by the driver, because the motor vehicle is already nearby.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of continuing to move the motor vehicle until an access point of the motor vehicle is within a loading distance of the user that is less than the minimum distance, and then stopping the motor vehicle of Friedmann, with a reasonable expectation of success, because a considerable travel and time reduction is obtained because the driver has to travel a considerably shorter distance to the motor vehicle (see at least Friedmann, para. [0015]).
As per claim 23 Lee discloses
wherein the motor vehicle includes a door having a closed state in which the cargo compartment is not accessible, and an open state in which the cargo compartment is accessible (see at least Lee, para. [0047]: Then, when the strength of the electromyogram signal measured in a state in which the trunk of the vehicle is closed is larger than a predetermined threshold value (S230), the trunk controller 122 drives a predetermined actuator to unlock a locked portion of the trunk of the vehicle, thereby opening the trunk of the vehicle (S240). Here, when the distance from the vehicle (for example, a predetermined rear portion of the vehicle such as a rear bumper, or the like) to the user sensed by the distance sensor 123 is at a predetermined threshold distance or less, the trunk controller 122 may open the trunk of the vehicle.).
However Lee does not explicitly disclose
access point.
Goetting teaches
wherein the motor vehicle includes a door having a closed state in which the cargo compartment is not accessible via the access point, and an open state in which the cargo compartment is accessible via the access point (see at least Goetting, para. [0023]: The operator (3) is located in a defined area (15) and carries a transmitter (not shown) which is received by a distance-sensing device (13). As soon as he leaves the defined area (15) or releases the transmit button, the vehicle (1) stops. This happens when the operator retrieves one of the garbage bins (8) and takes it to the emptying device (7). Once he has returned the empty bin, he goes back to the defined area (15), presses the send button and continues on his way. The distance-sensing device (13) determines that the transmitter is nearby and that the signal code is correct, so the vehicle (1) continues driving. & para. [0028]: It is also useful that the door to the loading area closes automatically when the operator moves away, and opens automatically again as soon as the operator approaches.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of wherein the motor vehicle includes a door having a closed state in which the cargo compartment is not accessible via the access point, and an open state in which the cargo compartment is accessible via the access point of Goetting, with a reasonable expectation of success, in order for the operator no longer has to steer the vehicle or control the driving speed from the driver's seat (see at least Goetting, para. [0005]).
As per claim 24 Lee discloses
further comprising, when the door is in the closed state upon determining that the user intends to reach into the cargo compartment of the motor vehicle, determining whether the user wishes the door to be opened and, in the event that the answer is yes, moving the door from the closed state to the open state (see at least Lee, para. [0047]: Then, when the strength of the electromyogram signal measured in a state in which the trunk of the vehicle is closed is larger than a predetermined threshold value (S230), the trunk controller 122 drives a predetermined actuator to unlock a locked portion of the trunk of the vehicle, thereby opening the trunk of the vehicle (S240). Here, when the distance from the vehicle (for example, a predetermined rear portion of the vehicle such as a rear bumper, or the like) to the user sensed by the distance sensor 123 is at a predetermined threshold distance or less, the trunk controller 122 may open the trunk of the vehicle.).
As per claim 29 Lee discloses
A computer for a motor vehicle (see at least Lee, para. [0029]: a trunk control module 120 mounted in a vehicle to open or close the trunk of the vehicle.), programmed to:
detect a user of a motor vehicle located outside the motor vehicle and in a reverse driving direction of the motor vehicle (see at least Lee, para. [0031]: The wearable device 110, which is a device generating the electromyogram (EMG) signal of the user depending on whether or not the user carries heavy luggage..& para. [0046]: The distance sensor 123 may sense the distance from the rear, the side, the front, or the like, of the vehicle to the user depending on a method of installing the ultrasonic sensor, the infrared sensor, the radar sensor, or the like, thereof.);
upon determining that the user intends to reach into a cargo compartment of the motor vehicle, opening a cargo compartment of the motor vehicle when an access point of a cargo apartment of the motor vehicle is within a loading distance of the user that is less than the minimum distance (see at least Lee, para. [0047-0048]: Here, when the distance from the vehicle (for example, a predetermined rear portion of the vehicle such as a rear bumper, or the like) to the user sensed by the distance sensor 123 is at a predetermined threshold distance or less, the trunk controller 122 may open the trunk of the vehicle.).
However Lee does not explicitly disclose
an access point;
upon detecting the user moving away from the motor vehicle in the reverse driving direction, moving the motor vehicle to follow the user in the reverse driving direction while maintaining a minimum distance between the user and the motor vehicle; and
continuing to move the motor vehicle until an access point of a cargo apartment of the motor vehicle is within a loading distance of the user that is less than the minimum distance, and then stopping the motor vehicle.
Goetting teaches
opening the motor vehicle when an access point of a cargo compartment of the motor vehicle is within a loading distance of the user (see at least Goetting, para. [0023]: The operator (3) is located in a defined area (15) and carries a transmitter (not shown) which is received by a distance-sensing device (13). As soon as he leaves the defined area (15) or releases the transmit button, the vehicle (1) stops. This happens when the operator retrieves one of the garbage bins (8) and takes it to the emptying device (7). Once he has returned the empty bin, he goes back to the defined area (15), presses the send button and continues on his way. The distance-sensing device (13) determines that the transmitter is nearby and that the signal code is correct, so the vehicle (1) continues driving. & para. [0028]: It is also useful that the door to the loading area closes automatically when the operator moves away, and opens automatically again as soon as the operator approaches.);
upon detecting the user moving away from the motor vehicle in the reverse driving direction, moving the motor vehicle to follow the user in the reverse driving direction while maintaining a minimum distance between the user and the motor vehicle (see at least Goetting, para. [0022]: In Fig. 1, the vehicle (1) can be seen reversing as a garbage truck on a predetermined lane (4)… para. [0026]: If the vehicle (1) is to follow the operator (3), the distance to the operator can also be detected with the sighting device (14) or the distance-sensing device (13) used in the same application in such a way that the driving speed can be regulated, i.e. the distance to the operator (3) is kept as constant as possible.); and
upon determining that the user intends to reach into a cargo compartment of the motor vehicle, stopping the motor vehicle (see at least Goetting, para. [0023]: The operator (3) is located in a defined area (15) and carries a transmitter (not shown) which is received by a distance-sensing device (13). As soon as he leaves the defined area (15) or releases the transmit button, the vehicle (1) stops. This happens when the operator retrieves one of the garbage bins (8) and takes it to the emptying device (7). Once he has returned the empty bin, he goes back to the defined area (15), presses the send button and continues on his way. The distance-sensing device (13) determines that the transmitter is nearby and that the signal code is correct, so the vehicle (1) continues driving.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of opening the motor vehicle when an access point of a cargo compartment of the motor vehicle is within a loading distance of the user, upon detecting the user moving away from the motor vehicle in the reverse driving direction, moving the motor vehicle to follow the user in the reverse driving direction while maintaining a minimum distance between the user and the motor vehicle; and upon determining that the user intends to reach into a cargo compartment of the motor vehicle, stopping the motor vehicle of the user of Goetting, with a reasonable expectation of success, in order for the operator no longer has to steer the vehicle or control the driving speed from the driver's seat (see at least Goetting, para. [0005]).
Friedmann teaches
continuing to move the motor vehicle until an access point of the motor vehicle is within a loading distance of the user that is less than the minimum distance, and then stopping the motor vehicle (see at least Friedmann, para. [0018]: An advantageous embodiment provides for a sequential criterion that determines when the distance between the current motor vehicle position and the current driver position exceeds a distance threshold value. The motor vehicle thus maintains a maximum distance to the driver. If an autonomous assistance mode is activated and the driver is moving outside of the motor vehicle, then the vehicle system decides, depending on the motor vehicle's distance to the driver, whether the motor vehicle has to travel in the direction of the driver. The motor vehicle ensures that it is always less than or equal to a maximum distance from the driver, given by the distance threshold value. The motor vehicle autonomously sets itself in motion if the sequential criterion is fulfilled, and then parks near the driver. The driver has thus only to travel a short distance to the motor vehicle. On the other hand, it is possible for the motor vehicle to reach the driver much sooner if it is actively called by the driver, because the motor vehicle is already nearby.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of continuing to move the motor vehicle until an access point of the motor vehicle is within a loading distance of the user that is less than the minimum distance, and then stopping the motor vehicle of Friedmann, with a reasonable expectation of success, because a considerable travel and time reduction is obtained because the driver has to travel a considerably shorter distance to the motor vehicle (see at least Friedmann, para. [0015]).
As per claim 33 Lee discloses
wherein the motor vehicle includes a door having a closed state in which the cargo compartment is not accessible, and an open state in which the cargo compartment is accessible (see at least Lee, para. [0047]: Then, when the strength of the electromyogram signal measured in a state in which the trunk of the vehicle is closed is larger than a predetermined threshold value (S230), the trunk controller 122 drives a predetermined actuator to unlock a locked portion of the trunk of the vehicle, thereby opening the trunk of the vehicle (S240). Here, when the distance from the vehicle (for example, a predetermined rear portion of the vehicle such as a rear bumper, or the like) to the user sensed by the distance sensor 123 is at a predetermined threshold distance or less, the trunk controller 122 may open the trunk of the vehicle.).
However Lee does not explicitly disclose
access point.
Goetting teaches
wherein the motor vehicle includes a door having a closed state in which the cargo compartment is not accessible via the access point, and an open state in which the cargo compartment is accessible via the access point (see at least Goetting, para. [0023]: The operator (3) is located in a defined area (15) and carries a transmitter (not shown) which is received by a distance-sensing device (13). As soon as he leaves the defined area (15) or releases the transmit button, the vehicle (1) stops. This happens when the operator retrieves one of the garbage bins (8) and takes it to the emptying device (7). Once he has returned the empty bin, he goes back to the defined area (15), presses the send button and continues on his way. The distance-sensing device (13) determines that the transmitter is nearby and that the signal code is correct, so the vehicle (1) continues driving. & para. [0028]: It is also useful that the door to the loading area closes automatically when the operator moves away, and opens automatically again as soon as the operator approaches.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of wherein the motor vehicle includes a door having a closed state in which the cargo compartment is not accessible via the access point, and an open state in which the cargo compartment is accessible via the access point of Goetting, with a reasonable expectation of success, in order for the operator no longer has to steer the vehicle or control the driving speed from the driver's seat (see at least Goetting, para. [0005]).
As per claim 34 Lee discloses
further programmed to, when the door is in the closed state upon determining that the user intends to reach into a cargo compartment of the motor vehicle, determine whether the user wishes the door to be opened and, in the event that the answer is yes, move the door from the closed state to the open state (see at least Lee, para. [0047]: Then, when the strength of the electromyogram signal measured in a state in which the trunk of the vehicle is closed is larger than a predetermined threshold value (S230), the trunk controller 122 drives a predetermined actuator to unlock a locked portion of the trunk of the vehicle, thereby opening the trunk of the vehicle (S240). Here, when the distance from the vehicle (for example, a predetermined rear portion of the vehicle such as a rear bumper, or the like) to the user sensed by the distance sensor 123 is at a predetermined threshold distance or less, the trunk controller 122 may open the trunk of the vehicle.).
Claim(s) 20 & 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee, in view of Goetting, in view of Friedmann, in view of US 2019/0162821A1 (“Rafrafi”).
As per claim 20 Lee does not explicitly disclose
wherein determining that the user intends to reach into a cargo compartment of the motor vehicle includes determining whether the user is stationary.
Rafrafi teaches
wherein determining that the user intends to reach into a cargo compartment of the motor vehicle includes determining whether the user is stationary (see at least Rafrafi, para. [0063]: For the electronic control unit 66 to process the received reflections to conclude a valid gesture has been made, the 24 may have to leave his or her foot for a require period of time, e.g. four seconds. Once the 24 leaves his or her foot for the required period of time and the proper gesture is provided, the indicator 28notifies the 24 by flashing an illuminated yellow light. In this example, the gesture consists of a sequential combination of a motion into the detection zone 62, and a non-movement of the foot in the detection zone 62. Next, the radar detection system 10 initiates the opening of the rear liftgate 14.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of wherein determining that the user intends to reach into a cargo compartment of the motor vehicle includes determining whether the user is stationary of Rafrafi, with a reasonable expectation of success, in order to improve upon capacitive sensing solutions (see at least Rafrafi, para. [0088]).
As per claim 30 Lee does not explicitly disclose
further programmed to determine that the user intends to reach into a cargo compartment of the motor vehicle includes determining whether the user is stationary.
Rafrafi teaches
further programmed to determine that the user intends to reach into a cargo compartment of the motor vehicle includes determining whether the user is stationary (see at least Rafrafi, para. [0063]: For the electronic control unit 66 to process the received reflections to conclude a valid gesture has been made, the 24 may have to leave his or her foot for a require period of time, e.g. four seconds. Once the 24 leaves his or her foot for the required period of time and the proper gesture is provided, the indicator 28notifies the 24 by flashing an illuminated yellow light. In this example, the gesture consists of a sequential combination of a motion into the detection zone 62, and a non-movement of the foot in the detection zone 62. Next, the radar detection system 10 initiates the opening of the rear liftgate 14.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of further programmed to determine that the user intends to reach into a cargo compartment of the motor vehicle includes determining whether the user is stationary of Rafrafi, with a reasonable expectation of success, in order to improve upon capacitive sensing solutions (see at least Rafrafi, para. [0088]).
Claim(s) 21, 25, 31, & 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee, in view of Goetting, in view of Friedmann, in view of DE 102019211165A1 (“Bauerlein”).
As per claim 21 Lee does not explicitly disclose
wherein determining that the user intends to reach into the cargo compartment of the motor vehicle includes determining whether the user is facing toward the motor vehicle.
Bauerlein teaches
wherein determining that the user intends to reach into the cargo compartment of the motor vehicle includes determining whether the user is facing toward the motor vehicle (see at least Bauerlein, para. [0025]: However, a corresponding trigger element is only assigned to a rear door, such as a tailgate or trunk lid, so that access is only ever granted to a rear cargo area when an object with the trigger element attached to it approaches the vehicle. In contrast, the side doors of the vehicle always remain unobstructed. para. [0029]: based on a gesture of the person, on the way the person walked and/or the direction in which the person looked…).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of wherein determining that the user intends to reach into the cargo compartment of the motor vehicle includes determining whether the user is facing toward the motor vehicle of Bauerlein, with a reasonable expectation of success, in order for an improved adjustment system for the externally operated adjustment of an adjustment part on a vehicle (see at least Bauerlein, para. [0006]).
As per claim 25 Lee does not explicitly disclose
further comprising moving the door to the open state upon detecting that the user does not have a free hand and/or upon detecting that the user has performed a predetermined gesture.
Bauerlein teaches
further comprising moving the door to the open state upon detecting that the user does not have a free hand and/or upon detecting that the user has performed a predetermined gesture (see at least Bauerlein, para. [0048-0049]: If person P then approaches the illumination 2 of the tailgate H further and is then only at a distance a from the tailgate H and subsequently performs a gesture with their foot F, in which the foot F traces the contour of the illumination 2, this is evaluated as a valid operating event and an opening of the tailgate H is triggered.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of further comprising moving the door to the open state upon detecting that the user does not have a free hand and/or upon detecting that the user has performed a predetermined gesture of Bauerlein, with a reasonable expectation of success, in order for an improved adjustment system for the externally operated adjustment of an adjustment part on a vehicle (see at least Bauerlein, para. [0006]).
As per claim 31 Lee does not explicitly disclose
further programmed to determine that the user intends to reach into a cargo compartment of the motor vehicle including by determining whether the user is facing toward the motor vehicle.
Bauerlein teaches
further programmed to determine that the user intends to reach into a cargo compartment of the motor vehicle including by determining whether the user is facing toward the motor vehicle (see at least Bauerlein, para. [0025]: However, a corresponding trigger element is only assigned to a rear door, such as a tailgate or trunk lid, so that access is only ever granted to a rear cargo area when an object with the trigger element attached to it approaches the vehicle. In contrast, the side doors of the vehicle always remain unobstructed. para. [0029]: based on a gesture of the person, on the way the person walked and/or the direction in which the person looked…).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of further programmed to determine that the user intends to reach into a cargo compartment of the motor vehicle including by determining whether the user is facing toward the motor vehicle of Bauerlein, with a reasonable expectation of success, in order for an improved adjustment system for the externally operated adjustment of an adjustment part on a vehicle (see at least Bauerlein, para. [0006]).
As per claim 35 Lee does not explicitly disclose
further programmed to move the door to the open state upon detecting that the user does not have a free hand and/or upon detecting that the user has performed a predetermined gesture.
Bauerlein teaches
further comprising moving the door to the open state upon detecting that the user does not have a free hand and/or upon detecting that the user has performed a predetermined gesture (see at least Bauerlein, para. [0048-0049]: If person P then approaches the illumination 2 of the tailgate H further and is then only at a distance a from the tailgate H and subsequently performs a gesture with their foot F, in which the foot F traces the contour of the illumination 2, this is evaluated as a valid operating event and an opening of the tailgate H is triggered.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of further comprising moving the door to the open state upon detecting that the user does not have a free hand and/or upon detecting that the user has performed a predetermined gesture of Bauerlein, with a reasonable expectation of success, in order for an improved adjustment system for the externally operated adjustment of an adjustment part on a vehicle (see at least Bauerlein, para. [0006]).
Claim(s) 22, 26, 32, & 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee, in view of Goetting, in view of Friedmann, in view of US 2022/0412150A1 (“Johannson”).
As per claim 22 Lee does not explicitly disclose
wherein the loading distance is adjustable by the user.
Johannson teaches
wherein the loading distance is adjustable by the user (see at least Johannson, para. [0072]: However, the control unit may use statistical models of the user's behaviour for providing better and more accurate and reliable estimations of the user's preference, based on past events and user behaviour. For example, the control unit may analyze cross-correlation between various items in an effort for providing more reliable and accurate estimation of the user's preference. & para. [0099]: The distance 47 and/or time length of non-return of the user used for triggering automatic closure of the trunk lid 2 may be different in the scenario of FIG. 11 compared with the scenario of FIG. 9. Specifically, by taking into the vehicle position at the place of parking, the distance and/or time length may be longer in more safe areas, i.e. areas with less criminal activity, such as burglary etc. In other words, the distance 47 and/or time length may be relatively small when parking in for example urban area, as depicted by FIG. 9, compared with when parking in for example suburban or rural areas, as depicted by FIG. 11.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of wherein the loading distance is adjustable by the user of Johannson, with a reasonable expectation of success, in order for user to unload and carry cargo items with both hands simultaneously (see at least Johannson, para. [0008]).
As per claim 26 Lee does not explicitly disclose
wherein the loading distance depends on whether the door is in the closed state or in the open state.
Johannson teaches
wherein the loading distance depends on whether the door is in the closed state or in the open state (see at least Johannson, para. [0072]: However, the control unit may use statistical models of the user's behaviour for providing better and more accurate and reliable estimations of the user's preference, based on past events and user behaviour. For example, the control unit may analyze cross-correlation between various items in an effort for providing more reliable and accurate estimation of the user's preference. & para. [0099]: The distance 47 and/or time length of non-return of the user used for triggering automatic closure of the trunk lid 2 may be different in the scenario of FIG. 11 compared with the scenario of FIG. 9. Specifically, by taking into the vehicle position at the place of parking, the distance and/or time length may be longer in more safe areas, i.e. areas with less criminal activity, such as burglary etc. In other words, the distance 47 and/or time length may be relatively small when parking in for example urban area, as depicted by FIG. 9, compared with when parking in for example suburban or rural areas, as depicted by FIG. 11.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of wherein the loading distance depends on whether the door is in the closed state or in the open state of Johannson, with a reasonable expectation of success, in order for user to unload and carry cargo items with both hands simultaneously (see at least Johannson, para. [0008]).
As per claim 32 Lee does not explicitly disclose
wherein the loading distance is adjustable by the user.
Johannson teaches
wherein the loading distance is adjustable by the user (see at least Johannson, para. [0072]: However, the control unit may use statistical models of the user's behaviour for providing better and more accurate and reliable estimations of the user's preference, based on past events and user behaviour. For example, the control unit may analyze cross-correlation between various items in an effort for providing more reliable and accurate estimation of the user's preference. & para. [0099]: The distance 47 and/or time length of non-return of the user used for triggering automatic closure of the trunk lid 2 may be different in the scenario of FIG. 11 compared with the scenario of FIG. 9. Specifically, by taking into the vehicle position at the place of parking, the distance and/or time length may be longer in more safe areas, i.e. areas with less criminal activity, such as burglary etc. In other words, the distance 47 and/or time length may be relatively small when parking in for example urban area, as depicted by FIG. 9, compared with when parking in for example suburban or rural areas, as depicted by FIG. 11.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of wherein the loading distance is adjustable by the user of Johannson, with a reasonable expectation of success, in order for user to unload and carry cargo items with both hands simultaneously (see at least Johannson, para. [0008]).
As per claim 36 Lee does not explicitly disclose
wherein the loading distance depends on whether the door is in the closed state or in the open state.
Johannson teaches
wherein the loading distance depends on whether the door is in the closed state or in the open state (see at least Johannson, para. [0072]: However, the control unit may use statistical models of the user's behaviour for providing better and more accurate and reliable estimations of the user's preference, based on past events and user behaviour. For example, the control unit may analyze cross-correlation between various items in an effort for providing more reliable and accurate estimation of the user's preference. & para. [0099]: The distance 47 and/or time length of non-return of the user used for triggering automatic closure of the trunk lid 2 may be different in the scenario of FIG. 11 compared with the scenario of FIG. 9. Specifically, by taking into the vehicle position at the place of parking, the distance and/or time length may be longer in more safe areas, i.e. areas with less criminal activity, such as burglary etc. In other words, the distance 47 and/or time length may be relatively small when parking in for example urban area, as depicted by FIG. 9, compared with when parking in for example suburban or rural areas, as depicted by FIG. 11.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of wherein the loading distance depends on whether the door is in the closed state or in the open state of Johannson, with a reasonable expectation of success, in order for user to unload and carry cargo items with both hands simultaneously (see at least Johannson, para. [0008]).
Claim(s) 27-28, & 37-38 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee, in view of Goetting, in view of Friedmann, in view of US 2025/0136369A1 (“Schad”).
As per claim 27 Lee does not explicitly disclose
wherein, in addition to detecting the user, upon detecting an object a maximum distance from the user, determining whether the user is pointing at the object, and, if so, moving the motor vehicle until the motor vehicle comes to a standstill according to a predetermined distance between the motor vehicle and the object.
Schad teaches
wherein, in addition to detecting the user, upon detecting an object a maximum distance from the user, determining whether the user is pointing at the object, and, if so, moving the motor vehicle until the motor vehicle comes to a standstill according to a predetermined distance between the motor vehicle and the object (see at least Schad, para. [0071]: For example, any of the radar sensors 510 or the camera sensors 520 may be disposed on a top of the vehicle such that the radar sensors 510 or the camera sensors 520 are configured to detect the presence and relative distance or position of overhead objects, obstacles, etc., proximate the vehicle. The vehicle awareness system 500 may additionally process the perceived environment data to identify and label the various environmental objects surrounding the vehicle. para. [0086]: Upon receiving an indication of the interaction with the display of the electronic device, the autonomy system 800 may initiate the vehicle adjustment system 802 to autonomously or semi-guide the 810 down the alley 817 in along the trajectory 814 on the drivable surface 816. Additionally, or alternatively, the trajectory planning system 801 may present for approval various locations or trajectories for the to choose. Responsive to receiving an indication of a selection of a single location and/or trajectory, the vehicle adjustment system 802 may autonomously or semi-navigate the 810 along the selected trajectory to the selected location. In other embodiments, they may select on the input device a location, area, and/or object to navigate to. Responsive to receiving the of the , area, and/or to navigate to, the 801 may identify an optimal trajectory to the selected , are, and/or object. The vehicle adjustment system 802 may then cause adjustments to the operating parameters of the vehicle 810 to travel upon the planned trajectory.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of wherein, in addition to detecting the user, upon detecting an object a maximum distance from the user, determining whether the user is pointing at the object, and, if so, moving the motor vehicle until the motor vehicle comes to a standstill according to a predetermined distance between the motor vehicle and the object of Schad, with a reasonable expectation of success, so as to avoid collisions with any identified obstacles (see at least Schad, para. [0038]).
As per claim 28 Lee does not explicitly disclose
wherein, upon determining that the user intends to reach into the cargo compartment of the motor vehicle, moving the motor vehicle until the motor vehicle comes to a standstill in such a way that a predetermined motor vehicle orientation is set between the motor vehicle and the object.
Goetting teaches
wherein, upon determining that the user intends to reach into the cargo compartment of the motor vehicle, moving the motor vehicle until the motor vehicle comes to a standstill in such a way that a predetermined motor vehicle orientation is set between the motor vehicle and the object (see at least Goetting, para. [0023]: The operator (3) is located in a defined area (15) and carries a transmitter (not shown) which is received by a distance-sensing device (13). As soon as he leaves the defined area (15) or releases the transmit button, the vehicle (1) stops. This happens when the operator retrieves one of the garbage bins (8) and takes it to the emptying device (7). Once he has returned the empty bin, he goes back to the defined area (15), presses the send button and continues on his way. The distance-sensing device (13) determines that the transmitter is nearby and that the signal code is correct, so the vehicle (1) continues driving.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of wherein, upon determining that the user intends to reach into the cargo compartment of the motor vehicle, moving the motor vehicle until the motor vehicle comes to a standstill in such a way that a predetermined motor vehicle orientation is set between the motor vehicle and the object of Goetting, with a reasonable expectation of success, in order for the operator no longer has to steer the vehicle or control the driving speed from the driver's seat (see at least Goetting, para. [0005]).
As per claim 37 Lee does not explicitly disclose
further programmed to, in addition to detecting the user, upon detecting an object a maximum distance from the user, determine whether the user is pointing at the object, and, if so, move the motor vehicle until the motor vehicle comes to a standstill according to a predetermined distance between the motor vehicle and the object.
Schad teaches
further programmed to, in addition to detecting the user, upon detecting an object a maximum distance from the user, determine whether the user is pointing at the object, and, if so, move the motor vehicle until the motor vehicle comes to a standstill according to a predetermined distance between the motor vehicle and the object (see at least Schad, para. [0071]: For example, any of the radar sensors 510 or the camera sensors 520 may be disposed on a top of the vehicle such that the radar sensors 510 or the camera sensors 520 are configured to detect the presence and relative distance or position of overhead objects, obstacles, etc., proximate the vehicle. The vehicle awareness system 500 may additionally process the perceived environment data to identify and label the various environmental objects surrounding the vehicle. para. [0086]: Upon receiving an indication of the interaction with the display of the electronic device, the autonomy system 800 may initiate the vehicle adjustment system 802 to autonomously or semi-guide the 810 down the alley 817 in along the trajectory 814 on the drivable surface 816. Additionally, or alternatively, the trajectory planning system 801 may present for approval various locations or trajectories for the to choose. Responsive to receiving an indication of a selection of a single location and/or trajectory, the vehicle adjustment system 802 may autonomously or semi-navigate the 810 along the selected trajectory to the selected location. In other embodiments, they may select on the input device a location, area, and/or object to navigate to. Responsive to receiving the of the , area, and/or to navigate to, the 801 may identify an optimal trajectory to the selected , are, and/or object. The vehicle adjustment system 802 may then cause adjustments to the operating parameters of the vehicle 810 to travel upon the planned trajectory.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of further programmed to, in addition to detecting the user, upon detecting an object a maximum distance from the user, determine whether the user is pointing at the object, and, if so, move the motor vehicle until the motor vehicle comes to a standstill according to a predetermined distance between the motor vehicle and the object of Schad, with a reasonable expectation of success, so as to avoid collisions with any identified obstacles (see at least Schad, para. [0038]).
As per claim 38 Lee does not explicitly disclose
further programmed to, upon determining that the user intends to reach into the cargo compartment of the motor vehicle, move the motor vehicle until the motor vehicle comes to a standstill in such a way that a predetermined motor vehicle orientation is set between the motor vehicle and the object.
Goetting teaches
further programmed to, upon determining that the user intends to reach into the cargo compartment of the motor vehicle, move the motor vehicle until the motor vehicle comes to a standstill in such a way that a predetermined motor vehicle orientation is set between the motor vehicle and the object (see at least Goetting, para. [0023]: The operator (3) is located in a defined area (15) and carries a transmitter (not shown) which is received by a distance-sensing device (13). As soon as he leaves the defined area (15) or releases the transmit button, the vehicle (1) stops. This happens when the operator retrieves one of the garbage bins (8) and takes it to the emptying device (7). Once he has returned the empty bin, he goes back to the defined area (15), presses the send button and continues on his way. The distance-sensing device (13) determines that the transmitter is nearby and that the signal code is correct, so the vehicle (1) continues driving.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee to incorporate the teaching of further programmed to, upon determining that the user intends to reach into the cargo compartment of the motor vehicle, move the motor vehicle until the motor vehicle comes to a standstill in such a way that a predetermined motor vehicle orientation is set between the motor vehicle and the object of Goetting, with a reasonable expectation of success, in order for the operator no longer has to steer the vehicle or control the driving speed from the driver's seat (see at least Goetting, para. [0005]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMED ABDO ALGEHAIM whose telephone number is (571)272-3628. The examiner can normally be reached Monday-Friday 8-5PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Fadey Jabr can be reached at 571-272-1516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MOHAMED ABDO ALGEHAIM/Primary Examiner, Art Unit 3668
