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 .
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sakurai et al. (JP 2020037793).
Note: References to Sakurai et al. disclosure are made to translation provided by Examiner.
Regarding claim 1, Sakurai et al. disclose a fuel lid opener 100 comprising: a case 2 attached to an outer periphery face of a side wall 9a of a lid box 9, at which a fuel lid 91 is rotatably supported for opening and closing (see Figure 1; Paragraphs 18-19); a lifter 6 that is supported at the case 2 to be rotatable around an axis line O along a plate surface direction of the fuel lid 91 in a closed state thereof (see Figures 3 and 5; Paragraphs 31, 40 and 42), wherein the lifter 6 comprises an arm portion 61 (see Figure 5; Paragraph 40) configured to: extend in a rotation radius direction within the lid box 9 and, when an outer face side of the fuel lid 91 is push-operated, receive a force that causes the lifter 6 to rotate to one side around the axis line O (see Figure 5; Paragraphs 40-42); a push lifter mechanism 5 provided in the case 2, comprising an urging member 7 that urges the lifter 6 to another side around the axis line O (see Figure 5; Paragraph 42), wherein: when the fuel lid 91 is in a pressed state C that is pushed in further than the closed state A (see Figure 2; Paragraphs 53-55), the urging member 7 urges such that the fuel lid 91 returns to a position thereof in the closed state A (see Paragraph 42), and when a driving unit 3 operates, the push lifter mechanism 5 causes the lifter 6 to rotate to the other side around the axis line O and pushing the fuel lid 91 to open (see Figures 2 and 5-6; Paragraph 42 and 53-56); a contact/non-contact switching mechanism 13 that is provided at the push lifter mechanism 5 and is operated to move in and out of contact with an actuated portion 500a of a switch portion 130 by rotation of the lifter 6 (see Figure 5; Paragraphs 45-46 and 59), the contact/non-contact switching mechanism 13 configured to: when the fuel lid goes from an open state to the closed state and the pressed state and then returns to the closed state, switch a signal outputted from the switch portion from a first signal to a second signal by performing a prescribed first operation, and, when the fuel lid 91 goes from the closed state to the pressed state and then returns to the closed state, switch the signal outputted from the switch portion 130 from the second signal to the first signal and the second signal in that order by performing a prescribed second operation that is different from the first operation (see Figures 6-8; Paragraphs 48-58); and a control unit 8 that, consequent to a condition at least of the signal outputted from the switch portion 130 switching from the second signal to the first signal and the second signal in that order within a prescribed time, causes the driving unit 3 to operate so as to rotate the lifter 6 to the other side around the axis line O (see Figures 9-10; Paragraphs 59-70). Examiner notes that Sakurai et al. describes a “housing” 2 with a subcomponent called a “case” 21; Examiner calls the “housing 2” the recited “case” containing the components recited in claim 1. The outer periphery face of the side wall of Sakurai et al. is outer relative to the vehicle when the fuel lid is in an open position, similar to Applicant’s Figure 1.
Allowable Subject Matter
Claims 2-7 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 2 recites a fuel lid opener comprising: a case attached to an outer periphery face of a side wall of a lid box, at which a fuel lid is rotatably supported for opening and closing; a lifter that is supported at the case to be rotatable around an axis line along a plate surface direction of the fuel lid in a closed state thereof, wherein the lifter comprises an arm portion configured to: extend in a rotation radius direction within the lid box and, when an outer face side of the fuel lid is push-operated, receive a force that causes the lifter to rotate to one side around the axis line; a push lifter mechanism provided in the case, comprising an urging member that urges the lifter to another side around the axis line, wherein: when the fuel lid is in a pressed state that is pushed in further than the closed state, the urging member urges such that the fuel lid returns to a position thereof in the closed state, and when a driving unit operates, the push lifter mechanism causes the lifter to rotate to the other side around the axis line and pushing the fuel lid to open; a contact/non-contact switching mechanism that is provided at the push lifter mechanism and is operated to move in and out of contact with an actuated portion of a switch portion by rotation of the lifter, the contact/non-contact switching mechanism configured to: when the fuel lid goes from an open state to the closed state and the pressed state and then returns to the closed state, switch a signal outputted from the switch portion from a first signal to a second signal by performing a prescribed first operation, and when the fuel lid goes from the closed state to the pressed state and then returns to the closed state, switch the signal outputted from the switch portion from the second signal to the first signal and the second signal in that order by performing a prescribed second operation that is different from the first operation; and a control unit that, consequent to a condition at least of the signal outputted from the switch portion switching from the second signal to the first signal and the second signal in that order within a prescribed time, causes the driving unit to operate so as to rotate the lifter to the other side around the axis line. The switch portion comprises a single microswitch disposed in a fixed state within the case, and the switch portion is configured such that a relative movement path of the actuated portion of the microswitch with respect to the contact/non-contact switching mechanism is different when the contact/non-contact switching mechanism performs the first operation and when the contact/non-contact switching mechanism performs the second operation. Sakurai et al. (JP 2020037793) disclose a fuel lid opener having a case, a lifter, a push lifter mechanism, a contact/non-contact switching mechanism, and a control unit; however, Sakurai et al. fail to disclose the switch portion is configured such that relative movement path of the actuated portion is different between the first operation and second operation. Sakurai et al. (JP 2020037792) disclose a fuel lid opener having a case, a lifter, a push lifter mechanism and a switch; however, Sakurai et al. fail to disclose a control unit that receives signals from the switch. Sakurai (WO 2020/090235) discloses a fuel lid opener having a case, a lifter, a push lifter mechanism, a switch, and a cam slot with a switch portion having a different relative movement path based on a first operation and a second operation; however, Sakurai fails to disclose a control unit. Beck (US Pat 7,815,938) discloses a fuel lid opener having a case, a lifter, a push lifter mechanism, a switching mechanism, and a control unit; however, Beck fails to disclose that the control unit receives signals from the switch. Tani et al. (US Pat 11,872,877) disclose a fuel lid opener having a case, a lifter and a push lifter mechanism; however, Tani et al. fail to disclose a switch mechanism that sends signals to a control unit. Nam (US Pat 10,006,230) disclose a case, a lifter, a push lifter mechanism, a switching mechanism, and a control unit; however, Nam fails to disclose the lifter rotates around an axis line. The prior art does not properly teach or suggest the recited configuration, making claim 2 allowable.
Claim 3 recites a fuel lid opener comprising: a case attached to an outer periphery face of a side wall of a lid box, at which a fuel lid is rotatably supported for opening and closing; a lifter that is supported at the case to be rotatable around an axis line along a plate surface direction of the fuel lid in a closed state thereof, wherein the lifter comprises an arm portion configured to: extend in a rotation radius direction within the lid box and, when an outer face side of the fuel lid is push-operated, receive a force that causes the lifter to rotate to one side around the axis line; a push lifter mechanism provided in the case, comprising an urging member that urges the lifter to another side around the axis line, wherein: when the fuel lid is in a pressed state that is pushed in further than the closed state, the urging member urges such that the fuel lid returns to a position thereof in the closed state, and when a driving unit operates, the push lifter mechanism causes the lifter to rotate to the other side around the axis line and pushing the fuel lid to open; a contact/non-contact switching mechanism that is provided at the push lifter mechanism and is operated to move in and out of contact with an actuated portion of a switch portion by rotation of the lifter, the contact/non-contact switching mechanism configured to: when the fuel lid goes from an open state to the closed state and the pressed state and then returns to the closed state, switch a signal outputted from the switch portion from a first signal to a second signal by performing a prescribed first operation, and when the fuel lid goes from the closed state to the pressed state and then returns to the closed state, switch the signal outputted from the switch portion from the second signal to the first signal and the second signal in that order by performing a prescribed second operation that is different from the first operation; and a control unit that, consequent to a condition at least of the signal outputted from the switch portion switching from the second signal to the first signal and the second signal in that order within a prescribed time, causes the driving unit to operate so as to rotate the lifter to the other side around the axis line. The push lifter mechanism further comprises: a cam slot provided in the case, a depth direction of the cam slot being a direction along the direction of the axis line; a first link attached to the lifter; and a second link that is rotatably coupled to the first link around an axis parallel to the axis line, the second link including: an actuation pressing portion in a flat surface shape, the actuation pressing portion pressing the actuated portion of the switch portion when the fuel lid is in the closed state, and a guided portion that is inserted into the cam slot and is movable along the cam slot. Sakurai et al. (JP 2020037793) disclose a fuel lid opener having a case, a lifter, a push lifter mechanism, a contact/non-contact switching mechanism, and a control unit; however, Sakurai et al. fail to disclose the push lifter mechanism has cam slot in a depth direction different from a direction along the axis line. Sakurai et al. (JP 2020037792) disclose a fuel lid opener having a case, a lifter, a push lifter mechanism and a switch; however, Sakurai et al. fail to disclose a control unit that receives signals from the switch. Sakurai (WO 2020/090235) discloses a fuel lid opener having a case, a lifter, a push lifter mechanism, a switch, and a cam slot in the case with a different relative movement path of the switch based on a first operation and a second operation; however, Sakurai fails to disclose a control unit. Beck (US Pat 7,815,938) discloses a fuel lid opener having a case, a lifter, a push lifter mechanism, a switching mechanism, and a control unit; however, Beck fails to disclose that the control unit receives signals from the switch. Tani et al. (US Pat 11,872,877) disclose a fuel lid opener having a case, a lifter and a push lifter mechanism; however, Tani et al. fail to disclose a switch mechanism that sends signals to a control unit. Nam (US Pat 10,006,230) disclose a case, a lifter, a push lifter mechanism, a switching mechanism, and a control unit; however, Nam fails to disclose the lifter rotates around an axis line. The prior art does not properly teach or suggest the recited configuration, making claim 3 allowable.
Claims 4-6 would be allowable because they are dependent on claim 3.
Claim 7 recites a fuel lid opener comprising: a case attached to an outer periphery face of a side wall of a lid box, at which a fuel lid is rotatably supported for opening and closing; a lifter that is supported at the case to be rotatable around an axis line along a plate surface direction of the fuel lid in a closed state thereof, wherein the lifter comprises an arm portion configured to: extend in a rotation radius direction within the lid box and, when an outer face side of the fuel lid is push-operated, receive a force that causes the lifter to rotate to one side around the axis line; a push lifter mechanism provided in the case, comprising an urging member that urges the lifter to another side around the axis line, wherein: when the fuel lid is in a pressed state that is pushed in further than the closed state, the urging member urges such that the fuel lid returns to a position thereof in the closed state, and when a driving unit operates, the push lifter mechanism causes the lifter to rotate to the other side around the axis line and pushing the fuel lid to open; a contact/non-contact switching mechanism that is provided at the push lifter mechanism and is operated to move in and out of contact with an actuated portion of a switch portion by rotation of the lifter, the contact/non-contact switching mechanism configured to: when the fuel lid goes from an open state to the closed state and the pressed state and then returns to the closed state, switch a signal outputted from the switch portion from a first signal to a second signal by performing a prescribed first operation, and when the fuel lid goes from the closed state to the pressed state and then returns to the closed state, switch the signal outputted from the switch portion from the second signal to the first signal and the second signal in that order by performing a prescribed second operation that is different from the first operation; and a control unit that, consequent to a condition at least of the signal outputted from the switch portion switching from the second signal to the first signal and the second signal in that order within a prescribed time, causes the driving unit to operate so as to rotate the lifter to the other side around the axis line. The control unit is configured to cause the driving unit to operate such that the lifter is rotated to the other side when the signal outputted from the switch portion switches from the second signal to the first signal and the second signal in that order within the prescribed time and the control unit determines that the initial second signal was outputted continuously for at least a reference time specified in advance. Sakurai et al. (JP 2020037793) disclose a fuel lid opener having a case, a lifter, a push lifter mechanism, a contact/non-contact switching mechanism, and a control unit; however, Sakurai et al. fail to disclose the control unit only causes the driving unit to operate when the signal outputted from the switch portion switches from the second signal to the first signal and back to the second signal in that order within a prescribed time. Sakurai et al. (JP 2020037792) disclose a fuel lid opener having a case, a lifter, a push lifter mechanism and a switch; however, Sakurai et al. fail to disclose a control unit that receives signals from the switch. Sakurai (WO 2020/090235) discloses a fuel lid opener having a case, a lifter, a push lifter mechanism, a switch, and a cam slot with a switch portion having a different relative movement path based on a first operation and a second operation; however, Sakurai fails to disclose a control unit. Beck (US Pat 7,815,938) discloses a fuel lid opener having a case, a lifter, a push lifter mechanism, a switching mechanism, and a control unit; however, Beck fails to disclose that the control unit receives signals from the switch. Tani et al. (US Pat 11,872,877) disclose a fuel lid opener having a case, a lifter and a push lifter mechanism; however, Tani et al. fail to disclose a switch mechanism that sends signals to a control unit. Nam (US Pat 10,006,230) disclose a case, a lifter, a push lifter mechanism, a switching mechanism, and a control unit; however, Nam fails to disclose the lifter rotates around an axis line. The prior art does not properly teach or suggest the recited configuration, making claim 7 allowable.
Response to Arguments
Applicant's arguments, filed December 2, 2025, with respect to claim 1 have been fully considered, but they are not persuasive.
On page 7 of Remarks, filed December 2, 2025, Applicant points out that the lock lever of Sakurai, corresponding to Applicant’s lifter of the claimed fuel lid opener, does not contact the lid or apply any force to push the lid open. Sakurai discloses that the lifter applies a force to cause the lid to move to an open state (see Paragraph 42). The claim language recited in claim 1 does not define the “opening” or “open state” as a position in which the fuel lid is positioned away from a vehicle body, making the interpretation of Examiner that the “causing the lifter to rotate to the other side around the axis line and pushing the fuel lid to open”, a reasonable interpretation. The claim language does not recite that the lifter makes contact with fuel lid, so the interpretation that the fuel lid moves from a closed state to an open state is reasonable.
On pages 8-9 of Remarks, filed December 2, 2025, Applicant asserts that Sakurai does not disclose the multi-step signal pattern recited in claim 1. Examiner respectfully disagrees. The recitation of claim 1 requires that “when the fuel lid goes from an open state to the closed state and the pressed state and then returns to the closed state, switch a signal outputted from the switch portion from a first signal to a second signal by performing a prescribed first operation”. Sakurai meets this limitation. Paragraph 55 of the Sakurai disclosure states “when the lid 91 is pushed by the user, the lid 91 moves to the pushing position C and the striker 92 moves to the left…then, the button portion 130 of the switch 13 is pressed by the pressing portion 500 of the sector gear 5, and the signal state of the switch 13 switches from off to on”. The signal switches from a first signal (off) to a second signal (on) by performing a prescribed first operation (the striker moves to the left). This occurs when the lid is open and is pressed, passing through the closed position to the pressed position and back to closed (see Paragraph 55). In this way, Sakurai meets the limitation of a multi-step signal pattern disputed by Applicant. Additionally, the control unit of Sakurai uses a predetermined time elapse to end the opening operation of lid 91 (see Paragraph 57) that begins when the opening operation is initiated by the lid being pressed (see Paragraph 55). Because the predetermined time limit begins when the operation is initiated, it would require that the conditions recited in claim 1 must be met to switch the signal from a first signal to a second signal, meeting the limitation recited in claim 1.
On page 9 of Remarks, filed December 2, 2025, Applicant asserts that Sakurai does not disclose all the limitations of claim 7. Examiner is persuaded and the rejection of claim 7 is withdrawn.
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 VERONICA M CONDO whose telephone number is (571)272-9415. The examiner can normally be reached Mon-Fri 8am-3pm EST.
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/VERONICA M CONDO/ Examiner, Art Unit 3612
/AMY R WEISBERG/ Supervisory Patent Examiner, Art Unit 3612