DETAILED ACTION
This final action is in response to the amendment filed on 08 June 2026.
Status of Claims
Claims 1-20 are pending.
Claims 1, 10, 11, and 18-20 were amended.
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 .
Claim Objections
Claim 20 is objected to because of the following informalities: the phrase “the system” in lines 1-2 should read “the biasing arrangement”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claims 11 and 15 were previously rejected under 35 USC § 112. Applicant has successfully addressed these issues in the amendment filed on 08 June 2026. Accordingly, the rejections to the claims under 35 USC § 112 have been withdrawn.
However, as amended, Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 6, the limitation "the control cam" in line 2 lacks sufficient antecedent basis in the claims. For the purpose of examination, the examiner interprets claim 6 as depending from claim 4.
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.
Claims 1-3, 9, 11, 12, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ottino (US 20200131836 A1).
Regarding claim 1, Ottino discloses a spring driven system (see fig 4) for moderating an opening speed of a closure panel (14) of a vehicle (10), the system comprising: a pop up mechanism (102) mounted adjacent to the closure panel for moving the closure panel from a fully closed position to a partially open position (compare figs 4 & 5), the pop up mechanism having a plunger (111); and a biased cam mechanism (104, 120, 106) coupled to the pop up mechanism by a coupling (at 108), the biased cam mechanism having a biasing element (103) for moderating a deployment rate of the plunger, and a motor (104) for controlling the release of the biasing element during rotation of the motor (the release of biasing element 103 from the position in fig 4 to the position in fig 5 is controlled by the speed of 106 being rotated via the motor).
Regarding claim 2, Ottino discloses the system of claim 1, wherein the biased cam mechanism further comprising a cam spring element (120) coupled to the biasing element (via 106) and a release lever (106) coupled to the pop up mechanism by the coupling (at 108), such movement of the cam spring element is coupled via the release lever to the deployment rate of the plunger (compare figs 4 & 5).
Regarding claim 3, Ottino discloses the system of claim 2, further comprising the cam spring element having a cam surface (128) in contact with an abutment portion (at 118) of the release lever.
Regarding claim 9, Ottino discloses a biased cam mechanism (100) for coupling by a coupling (at 108) to a pop up mechanism (102) used by a closure panel (14) of a vehicle (10), the biased cam mechanism having a biasing element (103) for moderating a deployment rate (the release of biasing element 103 from the position in fig 4 to the position in fig 5 is controlled by the speed of 106 being rotated via the motor) of a plunger (111) of the pop up mechanism by engaging with a cam spring element (120).
Regarding claim 11, Ottino discloses the mechanism of claim 9, wherein the biasing element of the biased cam mechanism is engaged to the movement of the coupling in order to moderate the deployment rate of the plunger (see figs 4 & 5); wherein the biased cam mechanism further comprises the cam spring element coupled to the biasing element (via 106) and a release lever (106) coupled to the pop up mechanism by the coupling (see fig 4), such movement of the cam spring element is coupled via the release lever to the deployment rate of the plunger (compare figs 4 & 5).
Regarding claim 12, Ottino discloses the mechanism of claim 11, further comprising the cam spring element having a cam surface (128) in contact with an abutment portion (at 118) of the release lever.
Regarding claim 18, Ottino discloses a spring driven system (see fig 4) for opening a closure panel (14) of a vehicle (10), the system comprising: a pop up mechanism (102) mounted adjacent to the closure panel for moving the closure panel from a closed position to a partially open position (compare figs 4 & 5), the pop up mechanism comprising a spring (103) for biasing the closure panel towards a partially open position (see fig 5); and an actuator (104, 120, 106) having a motor (104) coupled to the pop up mechanism (via 120 and 106) for controlling release of spring energy as the closure panel moves towards the partially open position during rotation of the motor (the release of spring energy from spring 103 from the position in fig 4 to the position in fig 5 is controlled by the speed of 106 being rotated via the motor).
Regarding claim 19, Ottino discloses a system (see fig 4) for opening a closure panel (14) of a vehicle (10), the system comprising: a latch (20) for retaining the closure panel in a closed position and for releasing the closure panel to allow the closure panel to move towards an open position (see paragraph 0028); a spring (103) for storing energy in a compressed state (see fig 4) and for releasing the stored energy during a decompression state (see fig 5), wherein during the decompression state the spring causes the closure panel to move towards a partially open position from the closed position (compare figs 4 & 5); and an actuator (104, 120, 106) operably coupled to the spring (via 114) for reducing the rate of release of the stored energy during the decompression state of the spring after the latch has released releasing the closure panel (the release of spring energy from spring 103 from the position in fig 4 to the position in fig 5 is controlled by the speed of 106 being rotated via the motor).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Ottino (US 20200131836 A1).
Regarding claim 10, Ottino does not explicitly disclose a method for moderating an opening speed of a closure panel of a vehicle as claimed. However, given the structure of the system for opening a closure panel of a vehicle disclosed by Ottino (per the rejection of claim 19 above), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the method as claimed to moderate the opening speed of the closure panel.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Ottino (US 20200131836 A1), in view of Oxley et al. (US 20180179788 A1), herein referred to as Oxley.
Regarding claim 20, Ottino discloses a biasing arrangement (see fig 4) for a closure panel (14) of a vehicle (10), the system comprising: a spring (103) positioned between a body of the vehicle and the closure panel (see fig 4), the spring having a loaded position corresponding to the closure panel in a closed position (see fig 4) and an unloaded position corresponding to the closure panel in a partially opened position (see fig 5), wherein the spring moving from the loaded position to the unloaded position causes the closure panel to move from the closed position to the partially opened position (compare figs 4 & 5); and an actuator (104, 120, 106) operably coupled to the spring (via 114), the actuator having a motor (104) for reducing the rate of motion of the spring moving from the loaded position to the unloaded position during rotation of the motor to control the rate of motion of the closure panel moving from the closed position to the partially opened position (the release of biasing element 103 from the position in fig 4 to the position in fig 5 is controlled by the speed of 106 being rotated via the motor).
Ottino does not disclose wherein the closure panel is a hood.
Oxley, however, teaches that it is known in the art of vehicle latch devices for a door actuation system similar to that taught by Ottino to be associated with a variety of closure panels of a vehicle, including a hood (see paragraph 0046). The purpose for including the door actuation system on the hood is to achieve the known and expected result of securely latching the hood to the body of the vehicle while also allowing for easier lifting of the hood as needed. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system disclosed by Ottino to be associated with a hood as taught by Oxley in order to achieve the known and expected result of securely latching the hood to the body of the vehicle while also allowing for easier lifting of the hood as needed.
Allowable Subject Matter
Claims 4, 5, 7, 8, and 13-17 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.
Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to the claim(s) 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christine M Mills whose telephone number is (571) 272-8322. The examiner can normally be reached from Monday - Thursday, 7:30 - 5:30 EST.
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/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675
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