U NITED STATES P ATENT AND TRADEMARK O FFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States f'ateot and Trademark Office
`Address: COMMISSIONF.R FOR PATENTS
`P.O. Sox 1450
`Alexandria. Virginia 22313· 1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FlUNG DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/765,487
`
`01127/2004
`
`Mario Boisvert
`
`l4-733C2D l
`
`9537
`
`0712312008
`7590
`28060
`T A ROLLI, SUNDfiELM, COVELL & TUMMJNO, LLP
`1300 EAST NlNTI-f STREET
`SUITE 1700
`CLEVELAND, OH 44114
`
`EXAMINER
`
`FLETCHER, MARLON T
`
`ART UNIT
`
`PAPER NUMBER
`
`2837
`
`MAIL DATE
`
`07/23/2008
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time peliod 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
`
`Marion 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 EXPI RE~ 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 even~ 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 )1:8:1 Responsive to communication( s) filed on 18 June 2008.
`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) 1-8.10-32,36 and 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`4a) Of the above claim(s) __ is/are withdrawn from consideration.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)1:8:1 Claim(s) 1-8,10-32.36 and 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 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) 0 Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) [8J Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date 06/1812008.
`
`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 Trademark OffiCe
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20080720
`
`

`

`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page 2
`
`DETAILED ACTION
`
`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 1-8, 10-32 and 36-37 are rejected under 35 U.S.C. 103(a) as being
`
`unpatentable over Okuyama et al. (4,608,637) in view of Bamford (EP 0 581 509).
`
`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
`
`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.
`
`

`

`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page 3
`
`As recited in claims 3 and 31, Okuyama 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, Okuyama 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, Okuyama 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, Okuyama 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
`
`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
`
`

`

`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page4
`
`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, Okuyama 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, Okuyama et al. 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.
`
`Okuyama 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, lines 65- column 9, line 7).
`
`As recited in claims 12, 19, 20, and 28, Okuyama 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 (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, Okuyama 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 threshold (column 8, lines 51-53).
`
`As recited in claim 14, Okuyama 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
`
`Page 6
`
`As recited in claim 15, Okuyama 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, Okuyama 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 7, lines 6-29).
`
`As recited in claims 17 and 32, Okuyama 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, Okuyama 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
`
`

`

`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page 7
`
`to take into account varying loads experienced by the motor (inherent via discussion
`
`above).
`
`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, Okuyama 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).
`
`Okuyama et al. do not disclose storing immediate past measurements over a
`
`present traversal of the motor.
`
`However, Bamford discloses 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, said apparatus comprising: a
`
`sensor (5) 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 (9) 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 through said range of
`
`motion; a controller (6) coupled to the memory 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 obtained during a present run through the
`
`motor driven element range of motion; and a controller interface coupled to the motor
`
`

`

`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page 8
`
`for altering motion of said motor driven element during the present run in response to a
`
`determination made by the controller (figure 3).
`
`It would have been obvious to one of ordinary skill in the art at the time of the
`
`invention to utilize the teachings of Bamford with the teachings of Okuyama et al.,
`
`because the teaching allow the use of more accurate and precise measurements to be
`
`used in updating the window movements to thereby more accurately detect
`
`obstructions.
`
`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.
`
`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, Okuyama 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 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, 105 USPQ
`
`233.
`
`

`

`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page 9
`
`Response to Arguments
`
`Applicant's arguments with respect to claims 1-8, 10-32, 36, and 37 have been
`
`considered but are moot in view of the new ground(s) of rejection.
`
`The reference on the IDS provides a teaching of using the present measurement.
`
`This was the missing element that previously placed the application in condition for
`
`allowance. Therefore, the claims are rejected based on the newly cited art.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Marion T. Fletcher whose telephone number is 571-272-
`
`2063. The examiner can normally be reached on M-F.
`
`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.
`
`

`

`Application/Control Number: 10/765,487
`Art Unit: 2837
`
`Page 10
`
`Information regarding the status of an application may be obtained from the
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`
`MTF
`07/19/2008
`
`/Marlon T Fletcher/
`Primary Examiner, Art Unit 2837
`
`

`

`Substitute for form 1449/PTO
`
`Application Number
`INFORMATION DISCLOSURE Filing Date
`STATEMENT BY APPLICANT First Named Inventor
`Art Unit
`
`'
`
`10/765,487
`
`01 /27/2004
`
`Mario Boisvert
`
`2837
`
`10765487 - GAU: 2837
`PTO/SB/08b (01-08)
`Approved for use through 06/30/2008. OMB 0651-0031
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`Complete if Known
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`Sheet 12
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`I of 12
`
`Examiner Name
`
`Marion T. Fletcher
`Attorney Docket Number 14-733C2D1
`
`Examiner Cite
`No. 1
`Initials*
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`NON PATENT LITERATURE DOCUMENTS
`Include name of the author (in CAPITAL LETTERS), title of the article (when appropriate), title of
`the item (book, magazine, journal, serial, symposium, catalog, etc.), date, page(s), volume-issue
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`Provisional Application No. 60/152,605 filed on September 8, 1999, to
`which Patent No. 6,377,009, issued on April 23, 2002 claims priority
`
`Tz
`
`9 pages total - cover sheet (2 pages), specification (4 pages), drawings (3
`pages)
`
`/Mar!on Fletcher/
`
`Date
`Considered
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`ALL REFERENCES CONSIDERED EXCEPT WHERE LINED THROUGH. /M. F.i
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`

`

`10765487- GAU : 2837
`
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`

`

`Application/Control No.
`
`Index of Claims
`
`Ill Ill IIIII II II I 1111
`
`10765487
`
`Examiner
`
`Fletcher, Marlen 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
`Original 07/19/2008
`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
`
`"
`"
`"
`"
`"
`"
`"
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`U.S. Patent and Trademark Office
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`DATE
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`Part of Paper No. : 20080720
`
`

`

`Application/Control No.
`
`Index of Claims
`
`Ill Ill IIIII II II I 1111
`
`10765487
`
`Examiner
`
`Fletcher, Marlen 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
`I Original
`Final
`I
`37
`
`07/19/2008 1
`I
`
`"
`
`I
`I
`
`I
`I
`
`DATE
`
`I
`I
`
`I
`I
`
`I
`I
`
`I
`I
`
`I
`I
`
`U.S. Patent and Trademark Office
`
`Part of Paper No. : 20080720
`
`