~-~
`• ~ UNITED S TATES P ATENT AND T RADEMARK O FFICE
`~~.,.~
`
`~·- ·
`
`·
`
`UNITED S1'ATES DEPARTMENT Of' COMMERCE
`United Srores Parenr nnd T rademark Ornce
`Address: COMMISSIONER FOR PATENTS
`r.o. Box 14SO
`Alexandria, Virgini• 223 13·14SO
`WVIW.usplo.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/765,487
`
`Ol/27n004
`
`Mario Boisvcn
`
`14-733C2DI
`
`9537
`
`10/31/2007
`7590 •
`28060
`TAROLU, SUNDHELM, COVELL & TUMMlNO, LLP
`1300 EAST NTNTH STREET
`SUITE 1700
`CLEVELAND, OH 44114
`
`EXAMINER
`
`FLETCHER, MARLON T
`
`· ~~-----A-RT_u_N_I_T----~---PA_P_E_R_N_u_M_se_R--~
`
`2837
`
`MAIL DATE
`
`DELIVERY MODE
`
`10/31/2007
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`10/765,487
`
`Examiner
`
`BOISVERT ET AL.
`
`Art Unit
`
`Marlon T. Fletcher
`2837
`- The MAILING DATE of this communication appears on the cover sheet with the correspondence address --
`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 extended 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)[8J Responsive to communication(s) filed on 20 June 2007.
`2a)0 This action is FINAL.
`2b)[8J 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)[8J 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)[8J 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 PT0-152.
`
`Priority under 35 U.S.C. § 119
`
`12)0 Acknowledgment is made of a claim for foreig~ 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 (P.CT Rule 17.2(a)).
`*See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) cgj 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. Patent and Trademall< Office
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 200710251
`
`/
`
`

`

`Application/Control Number:
`10/765,487
`Art Unit: 2837
`
`Page 2
`
`DETAILED ACTION
`
`Claim Rejections- 35 USC§ 102
`
`1.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless -
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in public
`use or on sale in this country, more than one year prior to the date of application for patent in the United
`States.
`
`2.
`
`Claims 1-23 and 28-35 are rejected under 35 U.S.C. 102(b) as being anticipated
`
`by Okuyama et al. (4,608,637)
`
`As recited in claims 1 and 2, Okuyama 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 (6a, 6ab, 6d, 6da) 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 7, lines 49-62); 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 (column 8, line 51-64); a
`
`controller (microcomputer 9) coupled to the memory for determining to de-activate the
`
`motor based on the 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
`
`(Ma, Md, Mab, Mda) for altering motion of said motor driven element in response to a
`
`

`

`Application/Control Number:
`10/765,487
`Art Unit: 2837
`
`· Page 3
`
`determination made by the controller (column 5, lines 9·60), wherein altering is also in
`
`response to a determination that the parameter is outside the parameter range.
`
`·
`
`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 6, lines 24-33).
`
`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 6, lines 24-33).
`
`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 7, lines 49-62).
`
`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; column 7, lines 30-37},
`
`and a controller having an interface coupled to the sensor and the switch for controllably
`
`

`

`Application/Control Number:
`10n65.487
`Art Unit 2837
`
`Page4
`
`energizing the motor (figure 4a); said controller sensing a collision with an obstruction
`
`when 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 7, lines 6-23; and column 8, lines 35-50}, 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 (Abstract; and column 8, lines
`
`51-64}; 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 8, line 65- column 9, line 7}.
`
`As recited in claims 7, 29, and 35, Jones et al. disclose the apparatus, wherein
`
`the controller comprises a programmable controller including a processing 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 6, lines
`
`52-60).
`
`As recited in claims 8 and 30, Jones et at. disclose the apparatus, additionally
`
`comprising one or more limit switches (11) for use by the controller to determine window
`
`or panel position for use in identifying a collision.
`
`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 8, Jines 65- column 9, line 7).
`
`As recited in claims 12, 19, 20, and 28, Jones et at. disclose apparatus for
`
`

`

`Application/Control Number:
`10/765,487
`Art Unit: 2837
`
`Page 5
`
`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
`
`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 (column 6, lines 52-60); and a controller
`
`(microcomputer 9) 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; calculates an obstacle detect threshold based
`
`on motor speed of movement detected during at least one prior period of motor
`
`operation (column 7, lines 6-36); compares a value based on currently sensed motor
`
`movement with the obstacle detect threshold ; 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.
`
`As recited in claim 13, Jones et al. disclose the appara~us, wherein the controller
`
`includes a buffer memory for storing successive values of motor movement for use in
`
`determining the obstacle detect threshold (column 8, lines 51-53).
`.
`.
`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 occurrences between
`
`receipt of pulses to provide an indication of motor speed (column 7, lines 30-37).
`
`

`

`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 panel movement (column 7, lines 49-62).
`
`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
`
`0
`
`0
`
`(column 7, lines 6-29).
`
`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.
`
`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·
`
`into account varying loads experienced by the motor (inherent via discussion above).
`
`

`

`Application/Control Number:
`10/765,487
`Art Unit: 2837
`
`Page7
`
`With respect to claims 21, 22, and 34, Okuyama et al. a Hall-effect sensor (6a-)
`
`and a magnetic pick-up (7a-).
`
`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).
`
`Claim Rejections· 35 USC § 103
`
`3.
`
`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 1 02 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 ('lave 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.
`
`4.
`
`Claim 24-27, 36, and 37, are rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over Okuyama et al.
`
`As recited in claim 24-27, Okuyama et al. do not disclose the apparatus, wherein
`
`the obstacle detector comprises an infrared light source and detector .
`
`However, Official Notice is taken with respect to infrared light sources being well
`
`known in the art to detect movement of an object.
`
`

`

`Application/Control Number:
`10/765,487
`Art Unit: 2837
`
`Page 8
`
`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, Okuya~a 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 th.e time the invention was
`
`made to provide measurements at forty millisecond interval, since it has been held that
`
`where the general conditions of a claim are disclosed in the prior art, discovering the
`
`optimum or workable ranges involves only routine skill in the art. In re Aller, 1 05 USPQ
`
`233.
`
`Response to Arguments
`
`Applicant's arguments with respect to claims 1-37 have been considered but are
`
`moot in view of the new ground(s) of rejection.
`
`The applicant argued that Wrenbeck et al. were not prior art. The examiner
`
`agrees. However, this required further search. The search reveal another reference
`
`which better read on the claims. The claims are rejected based on the newly cited
`
`reference.
`
`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:
`10/765,487
`Art Unit: 2837
`
`Page 9
`
`I~ 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 regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for .
`
`published applicati?ns 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, call800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`MTF
`10/25/2007
`
`

`

`Applicant(s)/Patent Under
`Reexamination
`·
`BOISVERT ET AL.
`
`Art Unit
`
`2837
`
`Page 1 of 1
`
`Classification
`
`701/49
`
`.
`
`*
`*
`
`Notice of References Cited
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`Application/Control No.
`
`10/765,487
`
`Examiner
`
`Marion T. Fletcher
`
`U.S. PATENT DOCUMENTS
`
`Name
`
`08-1986
`
`Okuyama et al.
`
`A US-4,608,637
`B US-
`c US-
`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
`
`*
`
`N
`
`0
`
`p
`
`Q
`
`R'
`s
`T
`
`u
`
`v
`
`w
`
`X
`
`NON-PATENT DOCUMENTS
`
`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
`
`<I
`
`. A copy of th1s reference 1s not bemg rum1shed w1th th1s Office act10n. (See MPEP § 707.05(a}.}
`
`Dates in MM· YYYY format are publication dates. Classifications may be US or foreign.
`
`U.S. Patent and Traoomark Office
`PT0-892 (Rev. 01·2001)
`
`Notice of References Cited
`
`Part of Paper No. 200710251
`
`

`

`Index of Claims
`
`Application/Control No.
`
`10765487
`
`Examiner
`
`Fletcher, Marlon T
`
`Applicant(s)/Patent Under
`Reexamination
`BOISVERT ET Al.
`
`Art Unit
`
`2837
`
`Rejected
`
`Allowed
`
`=
`
`Cancelled
`
`N
`
`Non-Elected
`
`Restricted
`
`Interference
`
`A
`
`0
`
`Appeal
`
`Obj ected
`
`0 Claims renumbered In the same order as presented by applicant
`
`0 CPA
`
`0 T.O.
`
`0 R.1.47
`
`DATE
`
`./
`
`./
`
`./
`
`./
`
`,(
`
`,(
`
`CLAIM
`Original 10/25/2007
`Final
`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
`
`,(
`
`,(
`
`,(
`
`,(
`
`./
`
`,(
`
`./
`
`./
`
`,(
`
`./
`
`./
`
`,(
`
`./
`
`,(
`
`./
`
`,(
`
`./
`
`./
`
`./
`
`,(
`
`,(
`
`,(
`
`,(
`
`./
`
`,(
`
`,(
`
`./
`
`,(
`
`,(
`
`U.S. Patent and Trademark Office
`
`Part of Paper No.: 200710251
`
`

`

`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
`CLAIM
`I Original
`Final
`I
`37
`
`10/25/20071
`I
`.('
`
`_I
`I
`
`0 CPA
`
`0 T.D.
`
`0 R.1.47
`
`DATE
`
`I
`I
`
`l
`l
`
`I
`I
`
`I
`I
`
`I
`I
`
`I
`I
`
`U.S. Patent and Trademarl\ Office
`
`Part of Paper No.: 200710251
`
`

`

`Search Notes
`
`Application/Control No.
`
`10765487
`
`Examiner
`
`Fletcher, Marlon T
`
`Applicant(s)/Patent Under
`Reexamination
`BOI SVERT ET AL.
`
`Art Unit
`
`2837
`
`Class
`
`J
`I
`
`SEARCHED
`
`Subclass
`
`SEARCH NOTES
`
`Date
`
`I
`I
`
`I Examiner
`I
`
`Search Notes
`EAST TEXT SEARCH: SEE SEARCH HISTORY PRINTOUT
`
`1
`I
`
`Date
`10/25/2007
`
`I Examiner
`I MTF
`
`Class
`
`I
`J
`
`INTERFERENCE SEARCH
`
`Subclass
`
`Date
`
`I
`l
`
`I Examiner
`I
`
`U.S. Patent and Trademark Office
`
`Part ot Paper No.: 200710251
`
`