DETAILED ACTION
The following action is in response to the amendment filed for application 18/198,157 on January 20, 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 .
Election/Restrictions
Claims 12-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on September 20, 2025.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 4-6, 8-11 and 14-18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11, 11, 11, 11, 11, 11, 11, 11, 11, 11, 11, 9/11, 10/11, and 10/11 of copending Application No. 17/989,378 in view of Matthews ‘202 (From IDS). With regard to claims 1-2, 4-6, 8-11 and 14-18, Hegwein ‘378 teaches the actuating mechanism, but lacks the specific teaching of the details of the overload coupling. Matthews teaches the claimed details of the overload coupling (see rejections for claims 1-6 and 8-11 below). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify Hegwein to employ the overload coupling in view of Matthews with reasonable expectation for success in order to provide a more robust overload assembly (paragraph 2).
Claims 1-2, 4, 6-10 and 14-18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 11, 11, 11, 11, 11, 11, 11, 11, 11, 11, 9/11, 10/11, and 10/11 of copending Application No. 17/989,378 in view of Kong ‘559. With regard to claims 1-2, 4, 6-10 and 14-18, Hegwein ‘378 teaches the actuating mechanism, but lacks the specific teaching of the details of the overload coupling. Kong teaches the claimed details of the overload coupling (see rejections for claims 1-4 and 6-10 below). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify Hegwein to employ the overload coupling in view of Kong with reasonable expectation for success in order to provide a compact overload protection (beneficial effects (1); specification).
This is a provisional nonstatutory double patenting rejection.
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) 1-2, 4-6 and 8-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matthews ‘202 (from IDS). With regard to claim 1, Matthews teaches an overload coupling for an actuating mechanism for actuating a charging, fueling, or service flap on a charging, fueling, or service compartment (intended use) that is or can be received on or in a body component of a vehicle, wherein the overload coupling comprises a drive-side coupling element 18 and an output-side coupling element 24 and is configured so as to, in an engaged state by means of a form-fit and/or force-fit lock 36/38, transfer a torque and thus a drive movement from the drive-side coupling element to the output-side coupling element, and, when a critical torque to be transferred is reached or exceeded in the event of an overload, to lift the form-fit and/or force-fit lock between the drive-side coupling element and the output-side coupling element (paragraph 22), wherein the overload coupling is configured as a slip coupling, in which the drive-side coupling element 18 and the output-side coupling element 24 together form coupling halves of a toothed coupling, wherein the drive-side coupling element and the output-side coupling element are equipped, on the sides facing one another, with a front toothing 36/38 that engage or can engage with one another in a form-fit lock, and wherein the overload coupling further comprises a power accumulator 40, with which the drive-side or the output-side coupling element is stressed in such a way that upon reaching or exceeding the critical torque, the drive-side coupling element and the output-side coupling element are rotatable in relation to one another (paragraph 22), wherein the power accumulator 40 is positioned within the output side coupling element 24 (power accumulator 40 is radially within the output side element 24). With regard to claim 2, Matthews teaches the coupling wherein the drive-side coupling element or the output-side coupling element and preferably the drive-side coupling element comprises a center bearing pin 16 on which the other coupling element and preferably the output-side coupling element is supported. With regard to claim 4, Matthews teaches the coupling, wherein the power accumulator comprises at least one spring element 40, in particular in the form of a compression spring or in the form of a poppet spring, which is mounted on a center bearing pin 62. With regard to claim 5, Matthews teaches the coupling, wherein a counter- bearing element 42, which is disc-shaped or plate-shaped, is arranged on an end region of the center bearing pin 16 that faces away from the drive-side coupling element 18, and wherein the at least one spring element 40 is mounted on the center bearing pin in such a way that an end region of the spring element facing away from the drive-side coupling element impacts the counter-bearing element 42. With regard to claim 6, Matthews teaches the coupling, wherein the drive-side coupling element 18 is configured as a disc-shaped or plate-shaped element on a first end region of a drive shaft (Fig. 4), wherein a second end region of the drive shaft opposite the first end region of the drive shaft is or can be operatively connected to a drive 46, in particular an electromotive drive, wherein a lateral face of the disc-shaped or plate-shaped element facing away from the second end region of the drive shaft is equipped with a front toothing 36. With regard to claim 8, Matthews teaches the coupling, wherein the output- side coupling element 24 comprises an in particular disc-shaped or plate-shaped region with an in particular central passage, through which the center bearing pin 16 is guided, wherein an end region of the at least one spring element 40 facing the drive-side coupling element 18 impacts the in particular disc-shaped or plate-shaped region of the output-side coupling element 24. With regard to claim 9, Matthews teaches the coupling, wherein a lateral face of the in particular disc-shaped or plate-shaped region of the output-side coupling element 24 facing away from the at least one spring element 40 is equipped with a front toothing 38. With regard to claim 10, Matthews teaches the coupling, wherein the front toothing 36/38 of the drive-side coupling element 18 and the output-side coupling element 24 is formed from trapezoidal teeth and corresponding tooth gaps in cross-section (Fig. 4). With regard to claim 11, Matthews teaches the coupling, wherein the output- side coupling element 24 is configured as a sleeve-shaped body, wherein an outer toothing (spline; paragraph 15) is formed at least regionally on an outer lateral surface of the sleeve-shaped body.
Claim(s) 1-2, 4 and 6-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kong ‘559. With regard to claim 1, Kong teaches an overload coupling for an actuating mechanism for actuating a charging, fueling, or service flap on a charging, fueling, or service compartment (intended use) that is or can be received on or in a body component of a vehicle, wherein the overload coupling comprises a drive-side coupling element 2 and an output-side coupling element 3 and is configured so as to, in an engaged state by means of a form-fit and/or force-fit lock 21/31, transfer a torque and thus a drive movement from the drive-side coupling element to the output-side coupling element, and, when a critical torque to be transferred is reached or exceeded in the event of an overload, to lift the form-fit and/or force-fit lock between the drive-side coupling element and the output-side coupling element (overload protection; specification), 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 equipped, on the sides facing one another, with a front toothing 21/31 that engage or can engage with one another in a form-fit lock, and wherein the overload coupling further comprises a power accumulator 4, with which the drive-side or the output-side coupling element is stressed in such a way that upon reaching or exceeding the critical torque, the drive-side coupling element and the output-side coupling element are rotatable in relation to one another (overload protection; specification), wherein the power accumulator 4 is positioned within the output-side coupling element 3 (accumulator 4 is radially within output-side element 3). With regard to claim 2, Kong teaches the coupling wherein the drive-side coupling element or the output-side coupling element and preferably the drive-side coupling element comprises a center bearing pin 22 on which the other coupling element and preferably the output-side coupling element is supported. With regard to claim 4, Kong teaches the coupling, wherein the power accumulator comprises at least one spring element 4, in particular in the form of a compression spring or in the form of a poppet spring, which is mounted on a center bearing pin 22. With regard to claim 6, Kong teaches the coupling, wherein the drive-side coupling element 2 is configured as a disc-shaped or plate-shaped element on a first end region of a drive shaft (Fig. 2), wherein a second end region of the drive shaft opposite the first end region of the drive shaft is or can be operatively connected to a drive (Fig. 1; left), in particular an electromotive drive, wherein a lateral face of the disc-shaped or plate-shaped element facing away from the second end region of the drive shaft is equipped with a front toothing 21. With regard to claim 7, Kong teaches the coupling, wherein the center bearing pin 22 is arranged concentrically in relation to a longitudinal and/or rotational axis of the drive shaft and is preferably configured integrally with the drive-side coupling element 2 and/or the drive shaft. With regard to claim 8, Kong teaches the coupling, wherein the output- side coupling element 3 comprises an in particular disc-shaped or plate-shaped region with an in particular central passage, through which the center bearing pin 22 is guided, wherein an end region of the at least one spring element 4 facing the drive-side coupling element 2 impacts the in particular disc-shaped or plate-shaped region of the output-side coupling element 3. With regard to claim 9, Kong teaches the coupling, wherein a lateral face of the in particular disc-shaped or plate-shaped region of the output-side coupling element 3 facing away from the at least one spring element 4 is equipped with a front toothing 31. With regard to claim 10, Kong teaches the coupling, wherein the front toothing 21/31 of the drive-side coupling element 2 and the output-side coupling element 3 is formed from trapezoidal teeth and corresponding tooth gaps in cross-section (Figs. 2/4).
Claim Rejections - 35 USC § 103
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 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, 4-6, 8-10 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang ‘980 in view of Kong ‘559. With regard to claim 1, Zhang teaches an overload coupling for an actuating mechanism for actuating a charging, fueling, or service flap 8 on a charging, fueling, or service compartment that is or can be received on or in a body component of a vehicle, wherein the overload coupling comprises a drive-side coupling element 61 and an output-side coupling element 63 and is configured so as to, in an engaged state by means of a form-fit and/or force-fit lock 6321/6311, transfer a torque and thus a drive movement from the drive-side coupling element to the output-side coupling element, and, when a critical torque to be transferred is reached or exceeded in the event of an overload, to lift the form-fit and/or force-fit lock between the drive-side coupling element and the output-side coupling element (paragraph 26), wherein the overload coupling is configured as a slip coupling, in which the drive-side coupling element 61 and the output-side coupling element 63 together form coupling halves of a toothed coupling, wherein the drive-side coupling element and the output-side coupling element are equipped, on the sides facing one another, with a front toothing 6321/6311 that engage or can engage with one another in a form-fit lock, and wherein the overload coupling further comprises a power accumulator 64, with which the drive-side or the output-side coupling element is stressed in such a way that upon reaching or exceeding the critical torque, the drive-side coupling element and the output-side coupling element are rotatable in relation to one another (paragraph 26). Zhang lacks the specific teaching wherein the accumulator is positioned within the output-side coupling element. Kong teaches a similar overload coupling, 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 equipped, on the sides facing one another, with a front toothing 21/31 that engage or can engage with one another in a form-fit lock, and wherein the overload coupling further comprises a power accumulator 4, with which the drive-side or the output-side coupling element is stressed in such a way that upon reaching or exceeding the critical torque, the drive-side coupling element and the output-side coupling element are rotatable in relation to one another (overload protection; specification), wherein the power accumulator 4 is positioned within the output-side coupling element 3 (accumulator 4 is radially within output-side element 3). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify Zhang to employ an accumulator positioned within the output-side coupling element (reducing exterior dimension of the accumulator to be positioned radially within the output-side coupling) in view of Kong with reasonable expectation for success in order to reduce size and material. With regard to claim 2, Zhang teaches the coupling wherein the drive-side coupling element or the output-side coupling element and preferably the drive-side coupling element comprises a center bearing pin 62 on which the other coupling element and preferably the output-side coupling element is supported. With regard to claim 4, Zhang teaches the coupling, wherein the power accumulator comprises at least one spring element 64, in particular in the form of a compression spring or in the form of a poppet spring, which is mounted on a center bearing pin 62. With regard to claim 5, Zhang teaches the coupling, wherein a counter- bearing element 65, which is disc-shaped or plate-shaped, is arranged on an end region of the center bearing pin 62 that faces away from the drive-side coupling element 61, and wherein the at least one spring element 64 is mounted on the center bearing pin in such a way that an end region of the spring element facing away from the drive-side coupling element impacts the counter-bearing element 65. With regard to claim 6, Zhang teaches the coupling, wherein the drive-side coupling element 61 is configured as a disc-shaped or plate-shaped element on a first end region of a drive shaft (Fig. 6), wherein a second end region of the drive shaft opposite the first end region of the drive shaft is or can be operatively connected to a drive 4, in particular an electromotive drive, wherein a lateral face of the disc-shaped or plate-shaped element facing away from the second end region of the drive shaft is equipped with a front toothing 6321. With regard to claim 8, Zhang teaches the coupling, wherein the output- side coupling element 63 comprises an in particular disc-shaped or plate-shaped region with an in particular central passage 633, through which the center bearing pin 62 is guided, wherein an end region of the at least one spring element 64 facing the drive-side coupling element impacts the in particular disc-shaped or plate-shaped region of the output-side coupling element 63. With regard to claim 9, Zhang teaches the coupling, wherein a lateral face of the in particular disc-shaped or plate-shaped region of the output-side coupling element 63 facing away from the at least one spring element 64 is equipped with a front toothing 6311. With regard to claim 10, Zhang teaches the coupling, wherein the front toothing 6321/6311 of the drive-side coupling element 61 and the output-side coupling element 63 is formed from trapezoidal teeth and corresponding tooth gaps in cross-section (Claim 5). With regard to claim 14, Zhang teaches an actuating mechanism for actuating a charging, fueling, or service flap 8 on a charging, fueling, or service compartment that is or can be received on or in a body component of a vehicle, wherein the charging, fueling, or service flap is reversibly movable, and in particular pivotable, between a closed position and an open position in relation to the charging, fueling, or service compartment, wherein the actuating mechanism comprises the following: a drive , in particular in the form of an electromotive; and a kinematics (Fig. 2) associated with the drive (9) and configured so as to tap a rotational movement of the drive when the drive is actuated and convert it into a first movement for moving, and in particular pivoting, the charging, fueling, or service flap 8,wherein the kinematics comprises an overload coupling according to claim 1.
Response to Arguments
Applicant argues that neither Zhang, Kong or Matthews teach a power accumulator positioned within the output-side coupling element. It is understood what applicant is attempting to claim (as stated in the arguments). It can be shown, however, that applicant’s claims are broad enough and have not claimed any additional structure to overcome the Kong and Matthews references. Zhang is now modified by Kong for this teaching.
As currently claimed, an output-side element need only have front toothing (all taught by Zhang, Kong and Matthews) and “the power accumulator is positioned within the output-side coupling element.” As interpreted, the accumulators of Kong and Matthews are all “positioned within the output-side coupling elements” since the respective accumulators are radially smaller/within the external radius of their respective output-side elements.
Applicant’s arguments have been considered, but are not persuasive.
Suggestions for Applicant
It is suggested that applicant file the appropriate Terminal Disclaimer. Claims 15-18 would then have allowable subject matter.
Applicant should also cancel withdrawn claims 12 and 13, as they no longer read on the claimed invention in claim 1.
Should applicant wish to pursue the features of Figures 6 and 7 (accumulator positioned with the output-side element), applicant could amend claim 1 to include part of claim 11 and add the following limitations as follows:
Claim 1. An overload coupling…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.
These limitations would overcome the Zhang in view of Kong, Kong and Matthews references as applied in the rejections.
Please Note: Palvoelgyi ‘477 (cited in IDS) teaches a similar overload clutch (accumulator 10, side element 6 configured as a sleeve-shaped body, with accumulator positioned within the sleeve-shaped body).
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.
FACSIMILE TRANSMISSION
Submission of your response by facsimile transmission is encouraged. The central facsimile number is (571) 273-8300. Recognizing the fact that reducing cycle time in the processing and examination of patent applications will effectively increase a patent's term, it is to your benefit to submit responses by facsimile transmission whenever permissible. Such submission will place the response directly in our examining group's hands and will eliminate Post Office processing and delivery time as well as the PTO's mail room processing and delivery time. For a complete list of correspondence not permitted by facsimile transmission, see MPEP 502.01. In general, most responses and/or amendments not requiring a fee, as well as those requiring a fee but charging such fee to a deposit account, can be submitted by facsimile transmission. Responses requiring a fee which applicant is paying by check should not be submitting by facsimile transmission separately from the check.
Responses submitted by facsimile transmission should include a Certificate of Transmission (MPEP 512). The following is an example of the format the certification might take:
I hereby certify that this correspondence is being facsimile transmitted to the Patent and Trademark Office (Fax No. (571) 273-8300) on ____________ (Date)
Typed or printed name of person signing this certificate: _____________________________________
_____________________________________
(Signature)
If your response is submitted by facsimile transmission, you are hereby reminded that the original should be retained as evidence of authenticity (37 CFR 1.4 and MPEP 502.02). Please do not separately mail the original or another copy unless required by the Patent and Trademark Office. Submission of the original response or a follow-up copy of the response after your response has been transmitted by facsimile will only cause further unnecessary delays in the processing of your application; duplicate responses where fees are charged to a deposit account may result in those fees being charged twice.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jacob Scott can be reached at 571-270-3415. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ROGER L PANG/Primary Examiner, Art Unit 3655
/ROGER L. PANG/
Examiner
Art Unit 3655B
February 9, 2026