DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office 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 .
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 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.
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) 1, 2, 4-8, 11-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cetnar (US 2017/0350170) in view of Ney et al. (US 2020/0102771).
Regarding claim 1, Cetnar discloses a latch assembly, comprising:
a manual release lever (4) rotationally mounted to the latch assembly for movement about a first axis (annotated Fig.3), the manual release lever being operably coupled to an inside release handle ([0081] l.10-11) (1);
a release link (2) pivotally mounted to the manual release lever for movement about a second axis (annotated Fig.3B);
a child lock lever (204 actuator, 206, 3) rotationally mounted (via 210) to the latch assembly for movement about a third axis (of 3), wherein a connection feature of the child lock lever abuts a flange (annotated flange of child lock lever) of the release link to operably couple the child lock lever to the release link to operably couple the child lock lever to the release to the release link such that movement of the child lock lever is transferred to the release link;
a gear(56) rotationally mounted to the latch assembly for movement about a fourth axis (8), the gear being rotated by a motor (11) that drives a worm (54) that meshingly engages teeth of the gear (Fig.3A);
a child lock switch (24,also 50) positioned to detect a position of the child lock lever;
a gear home switch (7) positioned to detect the position of the gear; and
wherein the gear has a first cam surface
(8, Fig.2) configured to contact a cam surface of the child lock lever when the gear is rotated to a locked position and contact of the first cam surface with the cam surface of the child lock lever will rotate the child lock lever about the third axis and rotation of the child lock lever about the third axis will cause the release link to pivot about the second axis.
Cetnar does not explicitly discuss: a boss
Ney et al. teaches a boss for the purpose of coupling and releasing contact.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Cetnar with a boss as taught by Ney et al. for the expected benefit of coupling and releasing contact.
Cetnar discloses the claimed invention except for the child lock lever abuts a flange of the release link to operably couple the child lock lever to the release link to operably couple the child lock lever to the release link.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to reverse the functionally equivalent flange of the child lock lever abuts release link, since a mere reversal of the essential working parts of a device involves only routine skill in the art. Contact to move the levers in operable coupling operation is functionally the same regardless of which element has a flange.
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Annotated Figure taken from Cetnar (US 2017/0350170)
Regarding claim 2, Cetnar as modified by Ney et al. discloses the latch assembly as in claim 1, wherein rotation of the gear to the locked position ([0028], l.6-7) will decouple the manual release lever(4) from a pawl (15) of the latch assembly.
Regarding claim 4, Cetnar as modified by Ney et al. discloses the latch assembly as in claim 1, wherein the first cam surface (8) of the gear (56) is integrally molded with the gear such that the first cam surface of the gear and the gear are formed as a single component (Fig.2).
Regarding claim 5, Cetnar as modified by Ney et al. discloses the latch assembly as in claim 1, wherein the child lock switch (24) and the gear home switch (7) are coupled (electrically) to a controller (20) that controls the operation of the latch assembly by providing signals to the motor in order to rotate the gear.
Regarding claim 6, Cetnar as modified by Ney et al. discloses the latch assembly as in claim 1, further comprising a power release lever (17) rotatably mounted to the latch assembly for movement about the third axis (Fig.2), wherein rotation of the power release lever by the gear causes a pawl (15) of the latch assembly to be disengaged from a claw (14) of the latch assembly.
Regarding claim 7, Cetnar as modified by Ney et al. discloses the latch assembly as in claim 6, wherein the power release lever (17) rotates independently of the child lock lever (204).
Regarding claim 8, Cetnar as modified by Ney et al. discloses the latch assembly as in claim 7, wherein the gear (56) has a second cam surface (portion of cam surface 8 and cam 6) that engages (Fig.3A through 3, 2, 4, to 17) an upper portion of the power release lever (17) as the gear is rotated by the worm (54).
Regarding claim 11, Cetnar as modified by Ney et al. discloses the latch assembly as in claim 8, wherein a lower portion of the power release lever (17) contacts a pawl release lever (4) operably coupled to the pawl ([0027] 4 thru [0028] l.8) when the power release lever is rotated by the gear.
Regarding claim 12, Cetnar as modified by Ney et al. discloses the latch assembly as in claim 11, wherein operation of the motor in a first direction (clockwise, [0045] l.3) will move the power release lever and operation of the motor in a second direction ([0046] l.2-12) opposite to the first direction will move the child lock lever.
Regarding claim 13, Cetnar as modified by Ney et al. discloses the latch assembly as in claim 8, wherein rotation of the gear (56) to the locked position will decouple (Fig.3B) the manual release lever from a pawl (15) of the latch assembly.
Regarding claim 14, Cetnar as modified by Ney et al. discloses the latch assembly as in claim 13, wherein rotation of the gear (56) to the locked position will cause the child lock lever to contact the child lock switch (50).
Regarding claim 15, Cetnar as modified by Ney et al. discloses the latch assembly as in claim 14, wherein the first cam surface of the gear (8, Fig.2) is integrally molded with the gear (Fig.2) such that the first cam surface of the gear and the gear are formed as a single component.
Regarding claim 16, Cetnar as modified by Ney et al. discloses the latch assembly as in claim 15, wherein the child lock switch and the gear home switch (7) are coupled to a controller (20) that controls the operation of the latch assembly by providing signals to the motor in order to rotate the gear.
Regarding claim 17, Cetnar as modified by Ney et al. discloses the latch assembly as in claim 16, wherein operation of the motor in a first direction (clockwise, [0045] l.3) will move the power release lever and operation of the motor in a second direction ([0046] l.2-12) opposite to the first direction will move the child lock lever.
Regarding claim 18, Cetnar as modified by Ney et al. discloses a method of operating a latch assembly, comprising:
decoupling a manual release lever (4,17) from a pawl (15) of the latch assembly by rotating a gear in a first direction (clockwise, [0045] l.3) by a motor (11) the manual release lever rotationally mounted to the latch assembly for movement about a first axis, the manual release lever being operably coupled (in any way to operate) to an inside release handle (908), the latch assembly including a release link (2) pivotally mounted to the manual release lever (4) for movement about a second axis and a child lock lever (204,206) rotationally mounted to the latch assembly for movement about a third axis, wherein a connection feature of the child lock lever is operably coupled to the release link such that movement of the child lock lever is transferred to the release link; and
moving the pawl by rotating the gear in a second direction([0046] l.2-12) by the motor, the second direction being opposite to the first direction.
Cetnar does not explicitly discuss: a boss
Ney et al. teaches a boss for the purpose of coupling and releasing contact.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Cetnar with a boss as taught by Ney et al. for the expected benefit of coupling and releasing contact.
Claim(s) 3, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Cetnar (US 2017/0350170).
Regarding Claim 3, Cetnar discloses the latch assembly as in claim 1, wherein rotation of the gear to the locked position will cause the child lock lever to operate the child lock switch.
Cetnar discloses the claimed invention except for child lock lever to contact the child lock switch.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to arrange elements such that the child lock lever to contact the child lock switch since it has been held that rearranging parts of an invention involves only routine skill in the art.
Regarding Claim 9, Cetnar discloses the latch assembly as in claim 8, wherein the second cam cooperates with the gear such that the second cam surface rotates with the gear and the second cam surface and the gear are formed as a single component.
Cetnar discloses the claimed invention except for second cam surface is integrally formed with the gear.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to specify second cam surface is integrally formed with the gear, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1983). Further, it has been held that the term “integral” is sufficiently broad to embrace constructions united by such means as fastening and welding. In re Hotte, 177 USPQ 326, 328 (CCPA 1973).
Regarding Claim 10, Cetnar discloses the latch assembly as in claim 9, wherein a lower portion of the power release lever (17) contacts a pawl release lever (4) operably coupled to the pawl when the power release lever is rotated by the gear.
Response to Arguments
Applicant’s arguments from the response filed on 8 April 2026
2025 have been fully considered and will be addressed below in the order in which they appeared.
Applicant’s arguments with respect to claim amendment amounts to a difference without a distinction. Regardless of which element has a flange, the operable functionality of contact between and movement of levers is essentially the same. A reversal of which part that has the flange does not change the end function of the apparatus. As such there does not appear to be a patentable distinction between the prior art of record and the instant application. The applicant’s argument is unpersuasive
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as it may affect the patentability of applicant’s claimed invention is listed on the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thomas L. Neubauer whose telephone number is 571.272.4864. The examiner can normally be reached on Monday - Friday, 8:00 AM through 5:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina R. Fulton can be reached on 571.272.7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T. L. N./
Examiner, Art Unit 3675
/KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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