`
`UNITED STATES DEPARTMENT OF COMMERCE
`United Stoles Parent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 14SO
`Alexandria. Virginia 22)13-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`A TIORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`IOn6s,487
`
`01127/2004
`
`Mario Boisvert
`
`14-733C2Dl
`
`9537
`
`0411012001
`7590
`28060
`T AROLLI, SUNDHELM, COVELL & TUMMINO, LLP
`1300 EAST NINTH STREET
`SUITE 1700
`CLEVELAND, OH 44114
`
`EXAMINER
`
`FLETCHER, MARLON T
`
`ART UNIT
`
`2837
`
`PAPER NUMBER
`
`SHORTENED STATUTORY PERIOD OF RESPONSE
`
`3MONTHS
`
`MAIL DATE
`
`04110/2007
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`If NO period for reply is specified above, the maximum statutory period will apply and will expire 6 MONTHS
`from the mailing date of this communication.
`
`PTOL-90A (Rev. 10/06)
`
`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`10n65,487
`
`Examiner
`
`BOISVERT ET AL.
`
`Art Unit
`
`2837
`Marion T. Fletcher
`- The MAILING DATE of this communication appears on the cover sheet with the correspondence address -(cid:173)
`Period for Reply
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE J MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or ex1ended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1. 704(b).
`Status
`
`1)t8] Responsive to communication(s) filed on 13 December 2006.
`2a)0 This action is FINAL.
`2b)t8] This action is non-final.
`3)0· Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11 , 453 O.G. 213.
`
`Disposition of Claims
`
`4)t8] Claim(s) 1-37 is/are pending in the application.
`4a) Of the above claim(s) __ is/are withdrawn from consideration .
`5)0 Claim(s) __ is/are allowed.
`6)t8] Claim(s) 1-37 is/are rejected.
`7)0 Claim(s) __ is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)0 The specification is objected to by the Examiner.
`10)0 The drawing(s) filed on __ is/are: a)O accepted or b)O objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`11 )0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-~52.
`
`Priority under 35 U.S.C. § 119
`
`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S. C. § 119(a)-(d) or (f).
`a)O All b)O Some • c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`• See the attached detailed Office action for a list of the certified copies not received .
`
`Attachment(s)
`1) t8J Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) 0 Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date _
`_ .
`
`4) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application
`6) 0 Other: - -·
`
`U.S. P81enl and Trademall< OffiCe
`PTOL-326 (Rev. 08-06)
`
`Offi~e Action Summary
`
`Part of Paper No./Mail Date 20070329
`
`
`
`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page 2
`
`Claim Rejections - 35 USC§ 103
`
`1.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set
`forth in section 102 of this title, if the differences between the subject matter sought to be patented and
`the prior art are such that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said subject matter pertains.
`Patentability shall not be negatived by the manner in which the invention was made.
`
`2.
`
`Claims 1-37, are rejected under 35 U.S.C. 103(a) as bei.ng unpatentable over
`
`Jones et al. (4,831 ,509) in view of Wrenbeck et al. (5,436,539).
`
`As recited in claims 1 and 2, Jones et al. disclose an apparatus for controlling
`
`motion of a motor driven element over a range of motion and for altering said motion
`
`when undesirable resistance to the motion is encountered, said apparatus comprising: a
`
`sensor for measuring a parameter of a motor coupled to the motor driven element that
`
`varies in response to a resistance to motion during all or part of a range of motion of the
`
`motor driven element (column 3, lines 7-16); a memory for storing a number of
`
`measurement values from the sensor based on measurements of said parameter over
`
`at least a portion of the range of motion (abstract; column 3, line 56 through column 4,
`
`line 14; and column 5, lines 26-57); a cO'ntroller (microprocessor; figure 8) coupled to
`
`the memory for determining to de-activate the motor based on the measurement values
`
`stored in the memory as the rt:lotor driven element moves over its range of motion
`
`(column 4, lines 49-55); and a controller interface coupled to the motor for altering
`
`motion of said motor driven element in response to a determination made by the
`
`controller (column 4 , lines 53-57), wherein altering is also in response to a
`
`determination that the parameter is outside the parameter range.
`
`
`
`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page 3
`
`As recited in claims 3 and 31, Jones et al. disclose the method, wherein the
`
`motor driven element is a window or panel and additionally comprising reverse
`
`actuating the window or panel prior to moving said window or panel in a direction to
`
`close the window or panel (column 4, lines 55-57).
`
`As recited in claim 4, Jones et al. disclose the method, additionally comprising
`
`maintaining a position of the window or panel based on the sensed parameter and the
`
`reverse actuation is initiated if a leading edge of the window or panel is near a closed
`
`position (column 3, lines 17-28).
`
`As recited in claims 5, 10, and 11 , Jones et al. disclose the method, movement is
`
`first initiated toward a closed position when a leading edge of the window or panel is
`
`near the closed position and wherein the reverse actuation is performed upon a sensing
`
`of an obstacle that is based on determining the parameter is outside the parameter
`
`range (column 3, lines 17-28; and column 4, lines 49-57).
`
`As recited in claims 6 and 33, Jones et al. disclose an apparatus for controlling
`
`activation of a motor coupled to· a motor vehicle window or panel for moving said.
`
`window or panel along a travel path and deactivating the motor if an obstacle is
`
`encountered by the window or panel, said apparatus comprising: a sensor for sensing
`
`movement of the window or panel and providing a sensor output signal related to a
`
`speed of movement of the window or panel (discussed above; a switch for controllably
`
`actuating the motor by providing an energization signal (figure 7), and a controller
`
`having an interface coupled to the sensor and the switch for controllably energizing the
`
`motor (figures 7 and 8); said controller sensing a collision with an obstruction when
`
`
`
`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page 4
`
`power is applied to the controller by: monitoring movement of the window or panel by
`
`monitoring a signal from the sensor related to the movement of the window or panel
`
`(column 3, Lines 9-28}, identifying a collision of the window or panel with an obstacle
`
`due to a change in the _signal from the sensor that is related to a change in movement
`
`of the window or panel (column 3, line 56 through column 4, line 55); and outputting a
`
`control signal to said switch to deactivate said motor in response to a sensing of a
`
`collision between an obstacle and said window or panel (column 4 , Lines 55-57).
`
`As recited in claims 7, 29, and 35, Jones et al. disclose the apparatus, wherein
`
`the controller comprises a programmable controller including a proce.ssing unit for
`
`executing a control program and including a memory for storing multiple window or
`
`panel speed values corresponding to a signal received from the sensor (column 3, line
`
`36 through column 4, line 39).
`
`As recited in claims 8 and 30, Jones et al. disclose the apparatus, additionally
`
`comprising one or more limit switches for use by the controller to determine window or
`
`panel position for use in identifying a collision (column 5, Lines 26-57).
`
`As recited in claim 9, Jones et al. disclose the apparatus, wherein the control
`
`program adjusts an obstacle detection threshold in real time based on immediate past
`
`measures of the signal sensed by the sensor to adapt to varying conditions encountered
`
`during operation of the window or panel (column 4, Lines 49-68)
`
`As recited in claims 12, 19, 20, and 28, Jones et al. disclose apparatus for
`
`controlling activation of a motor for moving an object along a travel path and de-
`
`activating the motor if an obstacle is encountered by the object comprising: a) a
`
`
`
`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page 5
`
`movement sensor for monitoring movement of the object as the motor moves said
`
`object along a travel path (discussed above; a switch for controlling energization of the
`
`motor with an energization signal (figure 7); and a controller (microprocessor) including
`
`an interface coupled to'the switch means for controllably energizing the motor and said
`
`interface additionally coupling the controller to the movement sensor for monitoring
`
`signals from said movement sensor (discussed above; said controller comprising a
`
`stored program that: determines motor speed from an output signal from the movement
`
`sensor (column 3, lines 17-28); calculates an obstacle detect threshold based on motor
`
`speed of movement detected during at least one prior period of motor operation (column
`
`3, lines 39-47); compares a value based on currently sensed motor movement with the
`
`obstacle detect threshold (column 3, lin~s 48-55., and column 3, Line 56 through
`.
`.
`
`column 4, line 14); and outputs a signal from the interface to said switch for stopping the
`
`motor if the comparison based on currently sensed motor movement indicates the
`
`object has contacted an obstacle (column 4, lines 49-57).
`
`As recited in claim 13, Jones et al. disclose the apparatus, wherein the controller
`
`includes a buffer memory for storing successive values of motor movement for use in
`
`determining the obstacle detect t~reshold (column 3, Line 56 through column 4, Line
`
`39).
`
`As recited in claim 14, Jones et al. disclose the apparatus, wherein the controller
`
`includes a clock and an input from the movement sensor is in a form of a sequence of
`
`pulses and further wherein the controller counts clock signals occurrence's between
`
`receipt of pulses to provide an indication of motor speed (column 3, Lines 9-10).
`
`
`
`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page6
`
`As recited in claim 15, Jones et al. disclose the apparatus, wherein the controller
`
`includes an interface for monitoring user actuation of control inputs for controlling
`
`movement of the window or panel and wherein the controller maintains a motor
`
`energization sequence a specified minimum time period in response to a short period
`
`user actuation of said control inputs to maintain position accuracy in monitoring a
`
`window or pane.l movement (column 3, Line 67 through column 4 , line 14).
`
`As recited in claim 16, Jones et al. disclose the apparatus, wherein the controller
`
`includes an interface for monitoring user actuation of control inputs for controlling
`
`movement of the object and wherein in response to a specified input the controller
`
`conducts a (calibration motor energization sequence to determine parameters of object
`
`(column 4, Lines 49 through column 5, Line 6).
`
`As recited in claims 17 and 32, Jones et al. disclose the apparatus, wherein the
`
`motor is coupled to a motor vehicle window or panel and wherein the controller includes
`
`an interface for monitoring user actuation of control inputs for controlling movement of
`
`the window or panel and wherein the controller maintains a position indication which is
`
`updated in response movement of the window or panel and further wherein the
`
`controller reverse actuations the motor near an end point in an object path of travel to
`
`avoid false obstacle detection in the region of closure of the window or panel (column 4,
`
`lines 58-68).
`
`As recited in claim 18, Jones et al. disclose the apparatus, wherein the sensor is
`
`a current sensor and wherein the controller includes means for adjusting the obstacle
`
`threshold based on dynamic motor current as sensed from the current sensor to take
`
`
`
`Application/Control Number: 1 0/765,487
`Art Unit: 2837
`
`Page 7
`
`into account varying loads experienced by the motor (column 4, Lines 15-46; and
`
`column 5, Line 60 through column 6, Line 34).
`
`As recited in claim 23, Jones et al. disclose the apparatus, additionally
`
`comprising an obstacle detector having an output coupled to the controller that senses a
`
`disruption in a region through which the window or panel moves (discussed above).
`
`As recited in claim 25, Jones et al. disclose the apparatus, wherein the obstacle
`
`detector comprises an infrared light source and detector (column 3, Lines 9-16).
`
`Jones does not disclose that the motor driven element is in a vehicle.. Jones et
`
`al. does not disclose immediate past measurements.
`
`However, Wrenbeck et al. disclose an apparatus for controlling motion of a motor
`
`driven element in a vehicle over a range of motion and for altering said motion when
`
`undesirable resistance to said motion is encountered (abstract; and column 1, lines 5-
`
`9), said apparatus comprising: a sensor (20) for measuring a parameter of a motor
`
`coupled to the motor driven element that varies in response to a resistance to motion
`
`during all or part of a range of motion of the motor driven element; a memory (MEM) for
`
`storing a number of measurement values from the sensor based on immediate past
`
`measurements of said parameter over at least a portion of a present traversal of said
`
`motor driven element throuqh said range of motion (abstract; column 3, lines 51-59);
`
`a controller (CPU) coupled to the memory (MEM) for determining to ·de-activate the
`
`motor based on a most recent sensor measurement of the parameter and the
`
`immediate past measurement values stored in the memory as the motor driven element
`
`moves over its range of motion; and a controller interface coupled to the motor for
`
`
`
`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page 8
`
`altering motion of said motor driven element in response to a determination made by the
`
`controller (figure 1 ).
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to utilize the teachings of Wren beck et al. with the teachings of Jones et al.,
`
`because while Jones et al. does not disclose the panel being used in a vehicle, this is
`
`rnerely intended use, wherein Wrenbeck et al. provides the same for a window in a
`
`vehicle. As for the immediate ·past measurements, this limitation is not .really defined.
`
`Even taken as the last past measurement, the fact that Jones et al. provides past
`
`measurements, it is obvious that the ability to measure and use the immediate past
`
`measurement is obtainable. Further Wrenbeck et al. provide the use of the immediate
`
`past measurement.
`
`With respect to claims 21, 22, 24, 26, 27, and 34, Jones et al. do disclose
`
`optoelectronic sensors or transducers. Jones et al. do riot disclose a variety of pickups
`
`or transducers.
`
`Wrenbeck et al. disclose a Hall-effect sensor and a magnetic pick-up (column 3,
`
`lines 27 -37).
`
`It would be obvious to use any type.of sensor, because the teachings merely
`
`provide alternate means for providing the same, wherein one could substitute one
`
`sensor or detector for another.
`
`With respect to claims 36 and 37, Jones et al in view of Wren beck et al. disclose
`
`the claimed invention except for the range in which the measurements are taken (40
`
`milliseconds). It would have been obvious to one having ordinary skill in the art at the
`
`
`
`Application/Control Number: 1 Ofi65,487
`Art Unit: 2837
`
`Page 9
`
`time the invention was made to provide measurements at forty millisecond interval,
`
`since it has ~een held that where the general conditions of a claim are disclosed in the
`
`prior art, discovering the optimum or workable ranges involves ~nly routine skill in the
`
`art. In re Aller, 105 USPQ 233.
`
`Response to Arguments
`
`Applicant's arguments with respect to claims 1-35 have been considered but are
`
`moot in view of the new ground(s) of rejection.
`
`The applicant argued that the claims provided the panel or window being in a
`
`vehicle. While this is merely intended use, a reference has been provided to show this
`
`obvious teaching. The applicant further argues that the prior art does not provide the
`
`immediate past measurements from the sensors. However, the fact that past
`
`measurements can be taken, makes it obvious to one skilled in the art to provide
`
`measurements at any time in the past. The applicant also argues that speed of the
`
`motor is not measured, but rather speed of the motor driven element is measured.
`
`However, it is all relative, since the speed of the motor drives the movement of the
`
`motor driven element. Wrenbeck et al. further provide measuring motor speed. In light
`
`of the new rejection, it believed that the claims are met by the prior art.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Marlon T. Fletcher whose telephone number is 571-272-
`
`2063. The examiner can normally be reached on M-F.
`
`
`
`Application/Control Number: 10n65,487
`Art Unit: 2837
`
`Page 10
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Lincoln Donovan can be reached on 571 -272-1988. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571 -273-8300.
`
`Information regardin·g the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571 -272-1000.
`
`MTF
`03/18/2006
`
`
`
`~pplicant(s)/Patent Under
`Reexamination
`BOISVERT ET AL.
`
`Art Unit
`
`2837
`
`Page 1 of 1
`
`Classification
`
`318/265
`
`701/49
`
`318/282
`
`*
`*
`*
`*
`
`Notice of References Cited
`
`Application/Control No.
`
`10/765,487
`
`Examiner
`
`Marlon T. Fletcher
`
`U.S. PATENT DOCUMENTS
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`Name
`
`07-1995
`
`Wrenbeck et al.
`
`08-1986
`
`08-1991
`
`Okuyama et al.
`
`Schap, William W.
`
`A US-5,436,539
`B US-4,608,637
`c
`us:5,039,925
`D US-
`E US-
`F US-
`G US-
`H US-
`US-
`I
`J US-
`K US-
`
`us~
`
`L
`M US-
`
`*
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`Country
`
`Name
`
`Classification.
`
`FOREIGN PATENT DOCUMENTS
`
`NON-PATENT DOCUMENTS
`
`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
`
`*
`
`N
`
`0
`p
`
`Q
`
`R
`s
`T
`
`u
`
`v
`
`w
`
`X
`
`. A copy of th1s reference ts not being furn1shed With th1s Office action. (See MPEP § 707.05(a).)
`
`Dates in MM·YYYY format are publication dates. Classifications may be US or foreign.
`
`U.S. Patent and Tradcmarl< Office
`PT0-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`Part of Paper No. 20070329
`
`
`
`Application/Control No.
`
`Index of Claims
`~~~~m~l~l~ll~l~l!~ml~l~~
`
`10765487
`
`Examiner
`
`Fletcher, Marlon T
`
`Applicant(s)/Patent Under
`Reexamination
`
`BOISVERT ET AL.
`
`Art Unit
`
`2837
`
`Rejected
`
`Cancelled
`
`N Non-Elected
`
`=
`
`Allowed
`
`Restricted
`
`Interference
`
`A
`
`0
`
`Appeal
`
`Objected
`
`0 Claims renumbered in the same order as presented by applicant
`
`0 CPA
`
`0 T.D.
`
`0 R.1 .47
`
`CLAIM
`Final
`Original
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`29
`30
`31
`32
`33
`34
`35
`36
`
`03/30/2007
`./
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`DATE
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`
`U.S. Patent and TrademarK Office
`
`Part of Paper No. : 20070329
`
`
`
`Index of Claims
`
`Application/Control No.
`
`10765487
`
`Examiner
`
`Fletcher, Marlon T
`
`Applicant(s)/Patent Under
`Reexamination
`
`BOISVERT ET AL.
`
`Art Unit
`
`2837
`
`Rejected
`
`Cancelled
`
`N Non-Elected
`
`=
`
`Allowed
`
`Restricted
`
`Interference
`
`A
`
`0
`
`Appeal
`
`Objected
`
`0 Claims renumbered in the same order as presented by applicant
`
`0 CPA
`
`0 T.O.
`
`0 R.1.47
`
`CLAIM
`I Original
`Final
`I
`37
`
`03/30/2007 1
`I
`v"
`
`I
`I
`
`I
`J
`
`DATE
`I
`I
`
`I
`L
`
`I
`I
`
`I
`l
`
`I
`I
`
`U.S. Patent and Trademarll Office
`
`Part of Paper No. : 20070329
`
`
`
`Search Notes
`~~~llmii~I~II~IIWI~IIII~I~I
`
`Application/Control No.
`
`10765487
`
`Examiner
`
`Fletcher, Marton T
`
`Applicant(s)/Patent Under
`Reexamination
`BOISVERT ET AL.
`
`Art Unit
`
`2837
`
`Class
`
`l
`I
`
`SEARCHED
`
`Subclass
`
`SEARCH NOTES
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`U.S. Patent and Trademark Office
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`Part of Paper No. : 20070329