DETAILED ACTION
The following action is in response to the RCE filed for application 18/198,157 on May 6, 2026.
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 .
Terminal Disclaimer
The terminal disclaimer filed on May 6, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 12,546,148 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 19-23 are 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.
With regard to claim 19, on page 8 (of the claims), line 4, applicant uses the term “in particular an electromotive drive.” applicant uses the term “in particular.” An expression beginning with the phrase “in particular” is to be regarded as entirely optional, with no limiting effect on the subject matter of a claim. The claim will be treated as best understood, and it is suggested applicant remove the “in particular” language and positively claim any limitations that are intended to be claimed. Claims 20-23 depend upon claim 19.
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.
Claim(s) 19-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kong (CN111911559A (previously cited)). Annotated Fig. 2 is shown below for clarity:
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With regard to claim 19, Kong teaches an overload coupling for an actuating mechanism for actuating a flap on a compartment that is or can be received on or in a body component of a vehicle (abstract), wherein the overload coupling comprises a drive-side coupling element 2 and an output-side coupling element 3 and is configured, in an engaged state, to transmit a torque and thus a drive movement from the drive-side coupling element to the output-side coupling element by a form-fit and/or force-fit connection 21/31, and to release the form-fit and/or force-fit connection between the drive-side coupling element and the output-side coupling element when a critical torque to be transmitted is reached or exceeded in the event of an overload (“overload protection function” description; page 2 of the translated disclosure), wherein the overload coupling is configured as a slip coupling in which the drive-side coupling element 2 and the output-side coupling element 3 together form coupling halves of a toothed coupling, wherein the drive-side coupling element and the output-side coupling element are provided, on sides facing one another, with front toothings 21/31 that engage or are configured to engage one another in a form-fit manner, wherein the overload coupling further comprises a power accumulator 4 configured to load the drive-side coupling element and/or the output-side coupling element such that, upon reaching or exceeding the critical torque, the drive-side coupling element and the output-side coupling element are rotatable relative to one another (“overload protection function” description; page 2 of the translated disclosure), wherein the drive-side coupling element 2 is configured as a disc-shaped or plate-shaped element arranged on a first end region of a drive shaft (see annotated Fig. 2 above), wherein a second end region of the drive shaft opposite the first end region is operatively connected or connectable to a drive (see annotated Fig. 2 above), and wherein a lateral face of the disc-shaped or plate-shaped element facing away from the second end region of the drive shaft is provided with one of the front toothings 21. With regard to claim 20, Kong teaches the coupling wherein the drive-side coupling element 2 comprises a central bearing pin 22 on which the output-side coupling element 3 is supported. With regard to claim 21, Kong teaches the coupling, wherein the power accumulator 4 comprises at least one spring element in the form of a compression spring or a disc spring, which is mounted on the central bearing pin 21. With regard to claim 22, Kong teaches the coupling, wherein a counter-bearing element 5/6/5/7 is arranged on an end region of the central bearing pin 21 facing away from the drive-side coupling element 2, and wherein the at least one spring element 4 is mounted on the central bearing pin such that an end region of the spring element facing away from the drive-side coupling element 3 abuts against the counter-bearing element (@5). With regard to claim 23, Kong teaches the coupling, wherein the output-side coupling element 3 comprises a disc-shaped or plate-shaped region having a central passage through (Fig. 2) which the central bearing pin 22 extends, and wherein an end region of the at least one spring element 4 facing the drive-side coupling element 2 abuts against the disc-shaped or plate-shaped region of the output-side coupling element 3.
Response to Arguments
Applicant did not present arguments with regard to new claims 19-23.
Allowable Subject Matter
Claims 1-2, 4-11 and 14-18 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record fails to show or render obvious the overload coupling for an actuating mechanism as claimed, and particularly wherein the output-side coupling element is configured as a sleeve-shaped body, wherein the power accumulator is positioned within the sleeve-shaped body of the output-side coupling element, and including the remaining structure of claim 1.
Please Note:
With regard to the previously cited Li (CN 108061111A) reference, Li teaches an input-side coupling element 5, and output-side coupling, a drive shaft 1, a central bearing pin (part of shaft 1 that extends past element 5), a counter bearing element 8/9 and an accumulator 10, however, accumulator 10 does not abut against the disc-shaped region of the output-side coupling 6.
With regard to Palvoelgyi (US20190136948; English equivalent of applicant cited EP3483477B1), Palvoelgyi teaches a sleeve shaped input-side element 6, and an output-side element 7 that is rotatably fixed to a central bearing pin 9 (paragraph 36). However, it would not have been obvious to one of ordinary skill in the art to modify Palvoelgyi to reverse parts 6 and 7 (thereby making part 6 the output-side element) since part 6 is a helical gear that will not rotate if an excessive torque is provided at the output (due to its interaction with driving worm gear 16; paragraph 37). The overload clutch disclosed by Palvoelgyi functions because an overload torque at the output will cause gear 6 to only move axially (and not rotate).
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROGER L PANG whose telephone number is (571)272-7096. The examiner can normally be reached M-TH 05:30-16:00.
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/ROGER L PANG/Primary Examiner, Art Unit 3655
/ROGER L. PANG/
Examiner
Art Unit 3655B
May 12, 2026
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