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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed of FR Application No. 2211803, filed on 11/14/2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/14/2025 and 06/05/2026 are being considered by the examiner.
Abstract Objection
The abstract of the disclosure is objected to because of undue length and lack of being written in narrative form. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 sufficient 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 sufficient 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 sufficient 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 sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“a transmission and reception module (110) configured to” in claims 1-5
“a first gesture detection module (120) configured to” in claims 1 and 4
“an opening element control module (140) configured to” in claim 1
“a second gesture detection module (130) configured to” in claims 1 and 5
These claim limitations use the generic placeholder “module” and are further modified by functional language. These claim limitations do not recite sufficient structure to perform the functions state in the claims.
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. Upon review of the specification, the following corresponding structure was found to perform the claimed functions:
“a transmission and reception module (110)” – electronic oscillator and antennas [Spec ¶ 0065]
“a first gesture detection module (120)” – computer and memory [Spec ¶ 0074]
“an opening element control module (140)” - computer and memory [Spec ¶ 0092]
“a second gesture detection module (130)” – computer and memory [Spec ¶ 0082]
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the opening" in line 1 and “the open position” in line 15. There is insufficient antecedent basis for these limitations in the claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 1 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Herthan (US 20150009062 A1).
Regarding claim 1, Herthan teaches A system (10) for controlling the opening and closing of an opening element (11) of a motor vehicle (1), comprising [Herthan ¶ 0009 “The control and evaluation unit is consequently configured to detect an opening or closing command (generally "actuation command") for the hatch”]:
- a transmission and reception module (110), configured to transmit a first radio- frequency signal, called first transmitted radio-frequency signal (1011), to a first detection area (ZD1) located outside the motor vehicle during use, under and/or behind said motor vehicle, and to receive a first radio-frequency signal, called received radio-frequency signal (1021), originating from a reflection of the first transmitted radio-frequency signal [Herthan ¶ 0040 "The radar sensor 18 contains, as is illustrated in more detail in FIGS. 4 to 6, three radar antennas which are separate from one another and which are oriented at different angles to the direction of travel 10. Each individual radar antenna therefore transmits and receives radar radiation into or from a different spatial angle. And ¶ 0028 "In particular, when the object detection device is used as a reversing aid, the radar sensor optionally has a (further) radar antenna which is directed in the direction of the ground surrounding the vehicle to the rear."];
- a first gesture detection module (120), configured to receive data originating from the transmission and reception module (110), and to implement, based on said data, the detection of at least one predetermined gesture performed in the first detection area (ZD1) [Herthan ¶ 0044 "The control unit 20 is configured here, on the one hand, to detect in turn a movement pattern of the vehicle user 50"]; and
- an opening element control module (140), configured to receive data originating from the first gesture detection module (120) and to issue a command for opening, respectively for closing, the opening element (CF) [Herthan ¶ 0044 " The control unit 20 is configured here, on the one hand, to detect in turn a movement pattern of the vehicle user 50 and subsequently actuate the tailgate 2 into the closed position 4."]; characterized in that:
- the transmission and reception module (110) is configured to also transmit, when the opening element is in the open position, a second radio-frequency signal, called second transmitted radio-frequency signal (1012), to a second detection area (ZD2) separate from the first detection area, located in a rear trunk of the motor vehicle during use, and to receive a second radio-frequency signal, called second received radio-frequency signal (1022), originating from a reflection of the second transmitted radio-frequency signal [Herthan ¶ 0044 "On the other hand, during the closing of the tailgate 2 the control unit 20 checks, by the lower antenna 38, whether there is an obstacle located in the pivoting range between the tailgate 2 and a closing edge 58 which is struck by the tailgate 2 in the closed position 4." and Figure 3];
- the system further comprises a second gesture detection module (130), configured to receive data originating from the transmission and reception module (110), and to implement, based on said data, the detection of any gesture performed in the second detection area (ZD2) [Herthan ¶ 0044 "On the other hand, during the closing of the tailgate 2 the control unit 20 checks, by the lower antenna 38, whether there is an obstacle located in the pivoting range between the tailgate 2 and a closing edge 58 which is struck by the tailgate 2 in the closed position 4." and Figure 3]; and
- the opening element control module (140) is configured to also receive data originating from the second gesture detection module (130), and to:
i/ issue the command for closing the opening element (CF), when the first gesture detection module (120) has detected a predetermined closing gesture in the first detection area (ZD1), while the second detection module (130) has detected the absence of a gesture in the second detection area (ZD2) [Herthan ¶ 0044 "If appropriate, the control unit 20 stops or reverses the servomotor 3. The control unit 20 therefore operates as a trapping prevention device during the closing of the tailgate 2."]; and
ii/ not issue the command for closing the opening element (CF), when the first gesture detection module (120) has detected the predetermined closing gesture in the first detection area (ZD1), while the second detection module (130) has detected any gesture performed in the second detection area (ZD2) [Herthan ¶ 0044 "If appropriate, the control unit 20 stops or reverses the servomotor 3. The control unit 20 therefore operates as a trapping prevention device during the closing of the tailgate 2."].
Herthan does not explicitly teach a first detection area located outside the motor vehicle during use, under and/or behind said motor vehicle that is separate from the second detection area. However, Herthan does teach a radar sensor pointed in the direction of the ground surrounding the vehicle rear [¶ 0028] and using multiple radars to detect a large range of the surroundings [¶ 0017]. Therefore, it would have been obvious to one of ordinary skill in the art to include a separate detection area under the motor vehicle to detect a movement pattern such as a kicking motion to close the trunk.
Regarding claim 6, Herthan teaches A motor vehicle (1) comprising at least one opening element (11) able to be closed or opened upon receiving a command (CF) for closing, respectively opening, the opening element, characterized in that it further comprises a control system (10) as claimed in claim 1 [Herthan ¶ 0038 "a rear 1 of a vehicle, in particular of a passenger car. A tailgate 2, which can be actuated in a reversible fashion between a closed position 4 and an open position 5 (illustrated in FIG. 3) by a servomotor 3, which is arranged on the rear 1." and ¶ 0042 "the detected movement pattern as a hatch opening command for the tailgate 2"].
Claim 2-5 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Herthan in view of Schatz (US 20210262274 A1).
Regarding claim 2, Herthan teaches claim 1. Herthan does not teach characterized in that the transmission and reception module (110) comprises an electronic oscillator (111), configured to generate a source electrical signal (SO(t)), and in that the transmission and reception module (110) is configured to use said source electrical signal to form both the first transmitted radio-frequency signal (1011) and the second transmitted radio-frequency signal (1012).
However, in a related field of invention, Schatz does teach characterized in that the transmission and reception module (110) comprises an electronic oscillator (111), configured to generate a source electrical signal (SO(t)), and in that the transmission and reception module (110) is configured to use said source electrical signal to form both the first transmitted radio-frequency signal (1011) and the second transmitted radio-frequency signal (1012) [Schatz ¶ 0061 "The radar transceiver 182′ also includes a signal processor 206′ disposed in communication with the antenna element(s) 202′ through signal processing elements such as high/low gain signal amplifiers 208′, a mixer 210′ configured to mix the received signal with a transmitted signal generated by a waveform generator 212′ and modified by an oscillator 214′ and received from a splitter 216′ for processing the received reflections"].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to combine the object detection device using radar sensors as taught by Herthan with using an oscillator as taught by Schatz in order to accurately determine the range and speed of objects.
Regarding claim 3, Herthan and Schatz teach claim 2. Schatz further teaches characterized in that the transmission and reception module (110) further comprises:
- at least one first antenna (114), configured to receive at least a portion of the source electrical signal as input, and to transmit the first transmitted radio-frequency signal in response [Schatz ¶ 0092 "Estimating the angle of an object requires at least two Rx antennas. The signal from the Tx antenna is reflected from an object (at an angle θ with regard to the radar) and is received at both Rx antennas. The signal from the object must travel an additional distance of dsin θ to reach the second Rx.sub.2 antenna. "];
and - at least one second antenna (114'), configured to receive at least a portion of the source electrical signal as input when the opening element is in the open position, and to transmit the second transmitted radio-frequency signal in response [Schatz ¶ 0092 "Estimating the angle of an object requires at least two Rx antennas. The signal from the Tx antenna is reflected from an object (at an angle θ with regard to the radar) and is received at both Rx antennas. The signal from the object must travel an additional distance of dsin θ to reach the second Rx.sub.2 antenna. "].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to combine the object detection device using radar sensors as taught by Herthan with using antennas as taught by Schatz in order to accurately determine the range and speed of objects.
Regarding claim 4, Herthan teaches claim 1. Herthan does not teach characterized in that the transmission and reception module (110) comprises at least one first mixer (115), configured to carry out mixing between an electrical signal at the frequency of the second transmitted radio-frequency signal (1012) and an electrical signal formed by the second received radio-frequency signal (1022), and in that the transmission and reception module (110) is configured to provide the first gesture detection module (120) with data resulting from this mixing.
However, in a related field of invention, Schatz does teach characterized in that the transmission and reception module (110) comprises at least one first mixer (115), configured to carry out mixing between an electrical signal at the frequency of the second transmitted radio-frequency signal (1012) and an electrical signal formed by the second received radio-frequency signal (1022), and in that the transmission and reception module (110) is configured to provide the first gesture detection module (120) with data resulting from this mixing [Schatz ¶ 0061 "The radar transceiver 182′ also includes a signal processor 206′ disposed in communication with the antenna element(s) 202′ through signal processing elements such as high/low gain signal amplifiers 208′, a mixer 210′ configured to mix the received signal with a transmitted signal generated by a waveform generator 212′ and modified by an oscillator 214′ and received from a splitter 216′ for processing the received reflections"].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to combine the object detection device using radar sensors as taught by Herthan with using a mixer as taught by Schatz in order to accurately determine the range and speed of objects.
Regarding claim 5, Herthan and Schatz teach claim 4. Schatz further teaches characterized in that the transmission and reception module (110) comprises at least one second mixer (115'), configured to carry out mixing between an electrical signal at the frequency of the second transmitted radio-frequency signal (1012) and an electrical signal formed by the second received radio-frequency signal (1022), and in that the transmission and reception module (110) is configured to provide the second gesture detection module (130) with data resulting from this mixing [Schatz ¶ 0061 "The radar transceiver 182′ also includes a signal processor 206′ disposed in communication with the antenna element(s) 202′ through signal processing elements such as high/low gain signal amplifiers 208′, a mixer 210′ configured to mix the received signal with a transmitted signal generated by a waveform generator 212′ and modified by an oscillator 214′ and received from a splitter 216′ for processing the received reflections"].
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to combine the object detection device using radar sensors as taught by Herthan with using a mixer as taught by Schatz in order to accurately determine the range and speed of objects.
Regarding claim 7, Herthan teaches A method for controlling the closing of an opening element (11) of a motor vehicle, implemented within a motor vehicle (1) comprising at least one opening element able to be closed upon receiving a closing command (CF), and using a control system (10) as claimed in claim 1, the method comprising the following steps, implemented when the opening element is in the open position [Herthan ¶ 0009 “The control and evaluation unit is consequently configured to detect an opening or closing command (generally "actuation command") for the hatch”]:
a1/ transmitting the first transmitted radio-frequency signal (1011) to the first detection area (ZD1) located outside the vehicle, under and/or behind said motor vehicle [Herthan ¶ 0040 "The radar sensor 18 contains, as is illustrated in more detail in FIGS. 4 to 6, three radar antennas which are separate from one another and which are oriented at different angles to the direction of travel 10. Each individual radar antenna therefore transmits and receives radar radiation into or from a different spatial angle. And ¶ 0028 "In particular, when the object detection device is used as a reversing aid, the radar sensor optionally has a (further) radar antenna which is directed in the direction of the ground surrounding the vehicle to the rear."]; and
a2/ transmitting the second transmitted radio-frequency signal (1012) to the second detection area (ZD2) separate from the first detection area, located in a rear trunk of the motor vehicle [Herthan ¶ 0044 "On the other hand, during the closing of the tailgate 2 the control unit 20 checks, by the lower antenna 38, whether there is an obstacle located in the pivoting range between the tailgate 2 and a closing edge 58 which is struck by the tailgate 2 in the closed position 4." and Figure 3];
b1/ receiving the first received radio-frequency signal (1021) originating from the reflection of the first transmitted radio-frequency signal on a first target located in the first detection area (ZD1) [Herthan ¶ 0040 "The radar sensor 18 contains, as is illustrated in more detail in FIGS. 4 to 6, three radar antennas which are separate from one another and which are oriented at different angles to the direction of travel 10. Each individual radar antenna therefore transmits and receives radar radiation into or from a different spatial angle. And ¶ 0014 “The movement pattern which is used for signaling the actuation command can, in the scope of the invention, be selected from a multiplicity of different body movements thanks to the use of the radar sensor. Therefore, in the scope of the invention this movement pattern can be, in particular, a foot movement (in particular a "kick”]; and
b2/ receiving, the second received radio-frequency signal (1022), when said signal exists, originating from the reflection of the second transmitted radio-frequency signal on a second target located in the second detection area (ZD2) [Herthan ¶ 0040 "The radar sensor 18 contains, as is illustrated in more detail in FIGS. 4 to 6, three radar antennas which are separate from one another and which are oriented at different angles to the direction of travel 10. Each individual radar antenna therefore transmits and receives radar radiation into or from a different spatial angle.];
d/ issuing, when a predetermined closing gesture is detected in step c1/, and the absence of a gesture is detected in step c2/, the command (CF) for closing the opening element [Herthan ¶ 0044 "If appropriate, the control unit 20 stops or reverses the servomotor 3. The control unit 20 therefore operates as a trapping prevention device during the closing of the tailgate 2."].
Hethan does not teach c1/ implementing first gesture detection, based on Doppler shift detection and using data originating from the first received radio-frequency signal (1021); and c2/ implementing, when a second received radio-frequency signal has been received in step b2/, second gesture detection, based on Doppler shift detection and using data originating from the second received radio-frequency signal (1022);
However, in a related field of invention, Schatz does teach c1/ implementing first gesture detection, based on Doppler shift detection and using data originating from the first received radio-frequency signal (1021) [Schatz ¶ 0061 "For example, the signal processor 206′ and/or the radar controller 180′ can be configured to process the received reflection, or the raw and unprocessed received radar signal (e.g., sensor signal 64′), to determine a Doppler shift for calculating the relative speed/velocity of the object 204′, or a frequency shift for calculating the relative distance and speed of the object 204′. "]; and
c2/ implementing, when a second received radio-frequency signal has been received in step b2/, second gesture detection, based on Doppler shift detection and using data originating from the second received radio-frequency signal (1022) [Schatz ¶ 0061 "For example, the signal processor 206′ and/or the radar controller 180′ can be configured to process the received reflection, or the raw and unprocessed received radar signal (e.g., sensor signal 64′), to determine a Doppler shift for calculating the relative speed/velocity of the object 204′, or a frequency shift for calculating the relative distance and speed of the object 204′. ";
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success to combine the object detection device using radar sensors as taught by Herthan with using Doppler shift detection as taught by Schatz in order to accurately determine the range and speed of objects.
Regarding claim 8, Herthan and Schatz teach claim 7. Herthan further teaches characterized in that the first target is a foot of a user (3) [Herthan ¶ 0014 "this movement pattern can be, in particular, a foot movement (in particular a "kick")"], and in that the second target is a portion of an upper limb or the torso or the head of said user (3) [Herthan ¶ 0024 "prevent the hatch colliding with the obstacle during the opening or closing of the hatch, in particular to prevent a body part or object becoming trapped between the hatch and the border of the hatch opening"].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPHINE RICH whose telephone number is (571)272-6384. The examiner can normally be reached M-F 8-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott Browne can be reached at (571) 270-0151. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.E.R./Examiner, Art Unit 3666
/SCOTT A BROWNE/Supervisory Patent Examiner, Art Unit 3666
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