DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
The previous claim objections have been overcome however new claim objections are apparent.
Claims 9 and 11 is objected to because of the following informalities:
In claim 9, due to the amendments to claim 8, claim 9 is redundant and should be cancelled.
In claim 11 “a drive gear couple to an output of the power release actuator and the first driven gear” should be “a drive gear couple to the output of the power release actuator and a first driven gear”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 21 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The specification uses the terms first and second output torque, however the claim uses the term “force”. The term force suggests it could be a linear or non-rotational force, and the original disclosure only has support for a rotational force or torque.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wirths DE 102014119382 A1 (hereinafter Wirths).
In regards to claim 1, Wirths teaches a power latch assembly for a closure panel (see fig 1), comprising: a ratchet (7) configured for movement between a striker capture position (see fig 6) and a striker release position (equivalent of fig 5; the examiner is relying on embodiment shown in fig 6), and being biased toward said striker release position (para 34); a pawl (7) configured for movement between a ratchet holding position (see fig 6), whereat said pawl maintains said ratchet in said striker capture position (see fig 6), and a ratchet releasing position (equivalent of fig 5), whereat said pawl releases said ratchet for movement of said ratchet to said striker release position (note fig 5); a power actuator (13) having an output (8); and a multistage mechanism operably connected to the output of the power actuator, the multistage mechanism having a first power take off (with 24 releasing 7) and a second power take off (with 23 releasing 6), the multistage mechanism configured to actuate a primary latch function (note figs 2-4) and move the pawl to the ratchet releasing position to allow the ratchet to move to the striker release position using the first power take off during a normal operating mode and actuate a secondary latch function to move the ratchet to the striker release position using the second power take off during an extended operating mode (note figs 4-5).
In regards to claim 2, Wirths teaches the power latch assembly of Claim 1, wherein during the normal operating mode the multistage mechanism is driven over a first range of motion (note figs 2-4), and wherein during the extended operating mode the multistage mechanism is driven over a second range of motion different from the first range of motion (note figs 4-5).
In regards to claim 3, Wirths teaches the power latch assembly of Claim 1, wherein the multistage mechanism is configured to actuate a control member (25), the control member configured for actuating the secondary latch function (see fig 6).
In regards to claim 4, Wirths teaches the power latch assembly of Claim 3, wherein the multistage mechanism comprises a geartrain (14 and 20), wherein the control member is configured to be actuated by one of the gears of the geartrain (see fig 6).
In regards to claim 5, Wirths teaches the power latch assembly of Claim 4, wherein a lost motion interface (27) is provided between the control member and one of the gears (see fig 6).
*** Below is a separate interpretation of claims 1 and 3 for the purposes of rejecting claim 6.
In regards to claim 1, Wirths teaches a power latch assembly for a closure panel (see fig 1), comprising: a ratchet (7) configured for movement between a striker capture position (see fig 6) and a striker release position (equivalent of fig 5; the examiner is relying on embodiment shown in fig 6), and being biased toward said striker release position (para 34); a pawl (7) configured for movement between a ratchet holding position (see fig 6), whereat said pawl maintains said ratchet in said striker capture position (see fig 6), and a ratchet releasing position (equivalent of fig 5), whereat said pawl releases said ratchet for movement of said ratchet to said striker release position (note fig 5); a power actuator (13) having an output (8); anda multistage mechanism operably connected to the output of the power actuator, the multistage mechanism having a first power take off (with 24 releasing 7) and a second power take off (with 23 releasing 6), the multistage mechanism configured to actuate a primary latch function (note figs 2-4) and move the pawl to the ratchet releasing position to allow the ratchet to move to the striker release position using the first power take off during a normal operating mode (equivalent of figs 2-3)and actuate a secondary latch function to move the ratchet to the striker release position using the second power take off during an extended operating mode (equivalent of figs 2-5).
In regards to claim 3, Wirths teaches the power latch assembly of Claim 1, wherein the multistage mechanism is configured to actuate a control member (25), the control member configured for actuating the secondary latch function (see fig 6).
In regards to claim 6, Wirths teaches the power latch assembly of Claim 3, wherein the primary latch function includes one of a power release function (power release of the pawl), a cinch function, and an icebreak/present function, and wherein the secondary latch function includes one of an unlock function (equivalent of from figs 2-5 7 is unlocked from 6), a cinch disengage function, and a double pull function.
Claim(s) 8-21 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Scholz et al. US 20220003025 A1 (hereinafter Scholz).
In regards to claim 8, Scholz teaches a power latch assembly for a closure panel, comprising: a ratchet (4) configured for movement between a striker capture position and a striker release position (see fig 3) and being biased toward said striker release position (para 40 “the catch 4 is preloaded from its closed position towards its open position”); a pawl (7 and 8) configured for movement between a ratchet holding position (see fig 3), whereat said pawl maintains said ratchet in said striker capture position, and a ratchet releasing position (such as in fig 4), whereat said pawl releases said ratchet for movement of said ratchet to said striker release position; a power actuator (10) configured to move said pawl from the ratchet holding position to the ratchet releasing position; and a multistage mechanism (at least 17-18 and 27-28) operably connecting an output (20) of the power actuator to at least one of the pawl and the ratchet, the multistage mechanism having at least two power takeoffs, with a first power takeoff (applied to 7a) being configured to apply a first torque output to the pawl to allow the ratchet to move to the striker release position (see fig 3 and para 67), and with a second power takeoff (applied to 4 via 26) being configured to apply a second torque output, greater than the first torque output (due to the gear train 4 would have a higher torque applied to it), to the ratchet to move the ratchet to the striker release position .
In regards to claim 9, Scholz teaches the power latch assembly of Claim 8, wherein the power actuator is configured to rotate a first driven member from a home position in a first direction to apply a first torque to the pawl to cause the pawl to move from the ratchet holding position to the ratchet releasing position and to apply a second torque to the ratchet after applying the first torque to the pawl, wherein the second torque is greater than the first torque.
In regards to claim 10, Scholz teaches the power latch assembly of Claim 9, wherein the first torque is generated by a first gear train (17-18 and 20) and the second torque is generated by a second gear train (27 and 28).
In regards to claim 11, Scholz teaches the power latch assembly of Claim 10, wherein the first gear train is provided by a drive gear (18) couple to an output of the power release actuator and the first driven gear (17; see fig 3), wherein the drive gear is configured to drive the first driven gear in the first direction to generate the first torque, and the second gear train is provided by a pinion gear (28) fixed to the first driven member and a second driven gear (27), wherein the pinion gear is configured to drive second driven gear as the first driven gear rotates in the first direction (see fig 4).
In regards to claim 12, Scholz teaches the power latch assembly of Claim 11, wherein the drive gear is in meshed engagement with the first driven gear and the pinion gear is in meshed engagement with the second driven gear (see fig 3).
In regards to claim 13, Scholz teaches the power latch assembly of Claim 11, further including a first link (portion of 26 contacting 4) coupling the second driven gear to the ratchet (see fig 3).
In regards to claim 14, Scholz teaches the power latch assembly of Claim 13, wherein the first link is detachably coupled to the second driven gear (due to 29, see fig 3 and para 63).
In regards to claim 15, Scholz teaches the power latch assembly of Claim 14, further including a second link (portion of 23 linking to 17) operably coupling the first driven gear to the first link (see fig 3).
In regards to claim 16, Scholz teaches the power latch assembly of Claim 15, further including a central hub assembly (31 and 32) coupled to the first driven gear (at least indirectly) for lost-motion with the first driven gear (due to 29), with the second link being coupled to the central hub assembly (see fig 3 and para 66).
In regards to claim 17, Scholz teaches the power latch assembly of Claim 16, wherein the central hub assembly is configured to remain substantially stationary when the first driven member rotates in the first direction (para 63).
In regards to claim 18, Scholz teaches the power latch assembly of Claim 17, wherein the central hub assembly includes a central lever (lever of 31) coupled to a crash unlock lever (body of 26; at least since 26 can be used to unlock after a crash), wherein the central lever and the crash unlock lever are configured for lost-motion with one another (due to 29; para 63).
In regards to claim 19, Scholz teaches the power latch assembly of Claim 18, wherein the second link is coupled to the crash unlock lever (at least operationally).
In regards to claim 20, Scholz teaches the power latch assembly of Claim 8, further including a central hub assembly (31 and 32) coupled to the multistage mechanism, wherein the central hub is adapted to control extended latch functions separately from the multistage mechanism controlling the pawl and/or the ratchet (due to 29; para 63.
In regards to claim 21, Scholz teaches a method of operating a power latch assembly of a closure panel of a motor vehicle, comprising: operating a motor (10) of the power latch assembly in a normal mode to actuate a first gear reduction (18 and 17) of a multistage mechanism (at least 17-18 and 27-28) to impart a first output force on a pawl (7 and 8) to move the pawl from a ratchet holding position to a ratchet releasing position (para 67); and operating the motor of the power latch assembly in an extended mode (overtravel) to actuate a second gear reduction (28 and 27) of the multistage mechanism to impart a second output force on a ratchet (4) to move the ratchet from a striker capture position to a striker release position (para 80), wherein the second output force is greater than the first output force (see fig 3, the gears are reduced such that 38 would output a higher torque).
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Withs (second interpretation) in view of Iida et al. US 20040059488 A1 (hereinafter Iida).
However, Wirths does not teach the multistage mechanism is operated in the extended operating mode during an emergency condition of the power latch assembly. The examiner would like to note that in the second interpretation of Wirths the extended operating mode is unlocking.
Iida teaches wherein the multistage mechanism is operated in the extended operating mode (unlocking) during an emergency condition of the power latch assembly (collision; see fig 3)
It would have been obvious to one of ordinary skill in the art, before the time of filing of the invention, to have provided Wirths with a system such as in Lida in order to improve safety (Lida para 64).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER H WATSON whose telephone number is (571)272-5393. The examiner can normally be reached M-F 9 - 5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine M Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER H WATSON/Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675