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 .
This Office Action is in response to applicant’s amendment filed on 12/8/25.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 14 and 15 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US Pat No 10,435,924 to Salter et al (Salter).
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Regarding claims 1, 14 and 15, Salter discloses an actuating mechanism for actuating covers for vehicles, in particular covers for flush door handles, wherein the cover (16) is reversibly movable, and in particular pivotable, between a closed position and an opened position.
The actuating mechanism comprises a drive (72), in particular in the form of an electric motor, having a drive shaft (76); and a pivoting apparatus (50) configured to couple to the cover, wherein a rotational movement from the drive shaft is transferred to the pivoting apparatus via a coupling (78) to pivot the cover.
Wherein, the coupling has a normal state, in which a torque of the drive shaft is transferred to the cover continuously increasing up to a first torque threshold, and an emphatic state, in which the torque of the drive shaft is transferred to the cover and abruptly increased up to a second torque threshold, wherein the second torque threshold is higher than the first torque threshold (col 11 line 53).
Claim(s) 1-5, 14 and 15 is/are rejected under 35 U.S.C. 102a1 as being anticipated by DE 102017210117 to Polz et al (Polz).
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Regarding claims 1, 14 and 15, Polz discloses an actuating mechanism for actuating covers for vehicles, in particular covers for flush door handles, wherein the cover (4) is reversibly movable, and in particular pivotable, between a closed position and an opened position.
The actuating mechanism comprises a drive (7), in particular in the form of an electric motor (9), having a drive shaft (17); and a pivoting apparatus (8) configured to couple to the cover, wherein a rotational movement from the drive shaft is transferred to the pivoting apparatus via a coupling (11) to pivot the cover.
Wherein, the coupling has a normal state, in which a torque of the drive shaft is transferred to the cover continuously increasing up to a first torque threshold (torque that maintains parts 12 and 13 together, fig 4), and an emphatic state, in which the torque of the drive shaft is transferred to the cover and abruptly increased up to a second torque threshold (during icebreaking, moving from fig 4 to fig 5, before getting into fig 6), wherein the second torque threshold is higher than the first torque threshold.
As to claim 2, Polz discloses that the coupling (11) comprises a first coupling element (12) which is connected to the drive shaft (17) in a form-fit manner and a second coupling element (13) connected to the cover, and wherein the first and second coupling elements are rotatable in relation to one another and, in particular, biased into a home position by a spring (16).
As to claim 3, Polz discloses that the coupling (11) is configured such that a rotational movement of the first coupling element (12), in the normal state of the coupling, is transferred to the second coupling element (13) via the spring (16), wherein the in particular the annular spring.
As to claim 4, Polz discloses that the coupling (11) is configured such that a resistance against a movement of the cover results in rotation of the coupling elements in relation to one another and an increase in the spring tension until the first torque threshold is reached (from fig 4 to before the coupling parts 12 and 13 achieve the position in fig 5).
As to claim 5, Polz discloses that the coupling (11) is configured such that a manual movement of the cover causes a rotation of the second coupling element (13) in relation to the first coupling element (12) counter to the biasing of the spring (16).
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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 10,435,924 to Salter et al (Salter) in view of US Pat No 9,080,352 to Aerst et al (Aerst).
Salter discloses that the actuating mechanism comprises a control apparatus (80).
However, Salter fails to disclose that the control apparatus is configured so as to shut down the drive when the cover is in its closed position when a sensor detects the closed position of the cover.
Aerst teaches that it is well known in the art to provide a control apparatus (616) in combination with a sensor (320, 402) to shut down a motor when the handle reaches an open or a closed position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the control apparatus described by Salter with the function of shutting down the motor when it arrives at a closed position, by means of being detected by a sensor, as taught by Aerst, in order to shut down the motor and prevent any damage.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 102017210117 to Polz et al (Polz) in view of view of US Pat No 9,080,352 to Aerst et al (Aerst).
Polz discloses that the actuating mechanism comprises a control apparatus (not shown but operates the motor).
However, Polz fails to disclose that the control apparatus is configured so as to shut down the drive when the cover is in its closed position when a sensor detects the closed position of the cover.
Aerst teaches that it is well known in the art to provide a control apparatus (616) in combination with a sensor (320, 402) to shut down a motor when the handle reaches an open or a closed position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the control apparatus described by Polz with the function of shutting down the motor when it arrives at a closed position, by means of being detected by a sensor, as taught by Aerst, in order to shut down the motor and prevent any damage.
Claim(s) 1-5, 12, 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 10,253,533 to Pudney et al (Pudney) in view of DE 102017210117 to Polz et al (Polz).
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Regarding claims 1, 14 and 15, Pudney discloses an actuating mechanism for actuating covers for vehicles, in particular covers for flush door handles, wherein the cover (14) is reversibly movable, and in particular pivotable, between a closed position and an opened position.
The actuating mechanism (16) comprises a drive, in particular in the form of an electric motor (160), having a drive shaft (163); and a pivoting apparatus (183) configured to couple to the cover. Wherein, a rotational movement from the drive shaft is transferred to the pivoting apparatus via a coupling (181) to pivot the cover.
Pudney fails to disclose that the actuating mechanism defines a first torque threshold during normal state, and a second torque threshold during an emphatic state that is higher than the first toque threshold.
Polz teaches that it is well known in the art to provide a drive (7), having a motor (9) and a coupling (11), that defines a first torque threshold during normal operation (torque that maintains parts 12 and 13 together) and a second torque threshold during an emphatic state (during icebreaking) that is higher than the first torque threshold.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the drive described by Pudney as one that can present first and second torque thresholds, as taught by Polz, in order to move the cover in a defined event, like ice formed around the cover, etc.
As to claim 2, Polz teaches that the coupling (11) comprises a first coupling element (12) which is connected to the drive shaft (17) in a form-fit manner and a second coupling element (13) connected to the cover, and wherein the first and second coupling elements are rotatable in relation to one another and, in particular, biased into a home position by a spring (16).
As to claim 3, Polz teaches that the coupling (11) is configured such that a rotational movement of the first coupling element (12), in the normal state of the coupling, is transferred to the second coupling element (13) via the spring (16), wherein the in particular the annular spring.
As to claim 4, Polz teaches that the coupling (11) is configured such that a resistance against a movement of the cover results in rotation of the coupling elements in relation to one another and an increase in the spring tension until the first torque threshold is reached (from fig 4 to before the coupling parts 12 and 13 achieve the position in fig 5).
As to claim 5, Polz teaches that the coupling (11) is configured such that a manual movement of the cover causes a rotation of the second coupling element (13) in relation to the first coupling element (12) counter to the biasing of the spring (16).
As to claims 12 and 13, Pudney discloses that the actuating mechanism comprises a control apparatus that is configured so as to shut down the drive when the cover is in its closed position when a sensor detects the closed position of the cover (col 7 line 5).
Allowable Subject Matter
Claims 6 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 7-9 and 11 would also be allowed since the claims depend from claims 6 and 10 above.
Response to Arguments
With respect to the previous 112 2nd paragraph rejections, the current amendment overcomes the previous issues.
With respect to the prior art rejection, the applicant argues that Salter fails to disclose that the hammering action comprises two states, one in which the torque is continuously increased up to a 1st torque and subsequently increased to a 2nd torque.
Salter discloses that the device performs at a normal state to normally operate the device at an increased 1st torque (increasing from 0 when is off up to an 80%).
The system, when ice is detected, will perform a hammering movement. Depending on the thickness of the ice, the hammering action can be performed in different torques (2nd torque) applied for a small period of time. If the ice detection still detecting ice, the hammering action is restarted for another period of time, until there is no more ice detected. This torque applied when ice is detected is greater than the 1st torque applied.
Poltz discloses the same thing, a 1st torque that maintains the parts 12 and 13 together, and a 2nd torque during ice breaking, having the wedges 14 and 15 generating a torque greater than the 1st torque to break the ice.
Therefore, the arguments are not persuasive and the rejection is maintained.
Since, no argument is persuasive, and the examiner will not change this position, in order to expedite prosecution, applicant can either 1) provide allowable subject matter into claim 1, or 2) file an appeal brief as his next respond to allow the Board of Appeals to decide.
Prosecution has been closed.
Conclusion
THIS ACTION IS MADE FINAL. 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 CARLOS LUGO whose telephone number is (571)272-7058. The examiner can normally be reached M-F 9-6pm.
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/Carlos Lugo/
Primary Examiner
Art Unit 3675
February 15, 2026