DETAILED ACTION
The following action is in response to the amendment filed for application 18/198,157 on August 10, 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 § 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) 19-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kong (CN111911559A (previously cited)). Annotated Figs. 1-2 and 4 are 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 (see annotated Fig. 4 above) is operatively connected or connectable to an electromotive 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, wherein the drive shaft is a power-transmitting shaft, with the drive-side coupling element 2 mounted on the first end region thereof. Kong lacks the specific teaching wherein the drive shaft is separate from the drive-side coupling element. 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 Kong to employ a drive shaft separate from the drive-side coupling element in order to provide ease of replacement of a specifically worn part. Also, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. 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
With regard to the Kong ‘559 reference, applicant argues the following:
In Kong, the fixed tooth disc is itself the input-side body that carries both the three-claw coupling interface and the integral extending support shaft. There is no separate power- transmitting shaft on which the fixed tooth disc is mounted as a discrete component.
Accordingly, Kong does not anticipate claim 19 because it does not disclose "the drive shaft is a power-transmitting shaft separate from the drive-side coupling element, with the drive- side coupling element mounted on the first end region thereof." The Examiner's mapping improperly reads Kong's Fig. 2 to connect structurally unrelated elements of Kong's push rod assembly and re-characterizes them collectively as a "drive shaft."
It can be shown, however, that the drive shaft as claimed has been annotated (see Fig. 4 below):
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The 3 prongs integral with drive-side coupling element 2 form a segmented drive shaft that is connected to an electromotive drive (electric push rod/motor). Shaft 22 is not considered the drive shaft, but is the central bearing pin (see rejection of claim 20). Since Kong teaches that the segmented drive shaft is integral with the drive-side coupling element, 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 Kong to employ a drive shaft separate from the drive-side coupling element in order to provide ease of replacement of a specifically worn part. Also, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Applicant’s arguments have been considered, but are not persuasive.
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).
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.
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/ROGER L PANG/Primary Examiner, Art Unit 3655
/ROGER L. PANG/
Examiner
Art Unit 3655B
September 8, 2026
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