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 .
This Office Action is in response to applicants RCE filed on 12/10/25.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the invention claimed in claims 1, 2, 8, 9, and 13, see 112 2nd paragraph rejection below, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1, 2, 5, 6, 8-10, 12 and 13 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.
Claim 1 has been amended to recite the following:
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At the instant, it is still unclear how the claimed invention works since the specification, and the drawings poorly describe and illustrate the invention. There are so many movements, switching and functions not clearly described and illustrated so one of ordinary skill in the art will understand the invention.
Therefore, in order to continue with the examination, a very broad interpretation will be given. Correction is required.
As to claim 2, it is still unclear how and what is claimed by the limitation that the closing device is received in the motor vehicle at least in regions of the motor vehicle. Also, what are these regions claimed. Correction is required.
As to claims 8 and 9, the claims require certain limitations that are not clearly described and/or illustrated in order to allow one of ordinary skill in the art to understand the invention as claimed.
Therefore, in order to continue with the examination, a very broad interpretation will be given. Correction is required.
As to claim 12, the claim requires that the closing device includes an electric device. At the instant, it is unclear what is claimed here since claim 1, as amended, already requires the limitation. Therefore, cancellation of the claim is required.
As to claim 13, the limitation “drive mechanism” has no antecedent of basis. Therefore, in order to continue with the examination, a broad interpretation will be given. Correction is required.
Claim Rejections - 35 USC § 102
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, 5-9, 12 and 13 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US Pat No 4,848,031 to Yamagishi et al (Yamagishi).
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Regarding claims 1 and 12, Yamagishi discloses a motor vehicle lock that comprises a locking mechanism (A) with a catch (14) and a pawl (16), wherein a rotary movement of the catch is locked in a locked position by the pawl.
The locking mechanism is movable between an unlocked position (fig 7), a pre-ratchet position (fig 6), and a main ratchet position (fig 5), wherein the rotary movement of the catch is locked by the pawl.
A drive device (27, 30, 35) that drives the pawl to transfer the pawl from a blocking position where the pawl holds the catch in the main ratchet position (fig 5) to a release position where the pawl is spaced from the catch for the unlocked position of the locking mechanism (fig 7).
A closing mechanism (19, 39, 42) that transfers the locking mechanism from a pre-ratchet position (fig 6) into a main ratchet position (fig 5).
An opening mechanism (C) that has a raising element (69), wherein actuation of the opening mechanism moves a movable component (door) into an open position via the raising element.
A coupling element (29) controlled by the drive device in a switchable manner so as to be mechanically connected to either the closing mechanism or the opening mechanism, and wherein the drive device switches the mechanical connection of the coupling element.
A closing device with an electric drive (26) for actuating the closing device, wherein the closing device is operatively connected to the coupling element (29) such that the closing device is operatively connected to the closing mechanism via the coupling element or is operatively connected the opening mechanism via the coupling element to actuate the opening mechanism (when 20 engages SW5).
As to claim 5, Yamagishi discloses that the door is configured to be hold by an erector (69) of the raising device.
As to claim 6, Yamagishi discloses that the erector is engageable with a “lock holder” if the motor vehicle (any surface that the end 67 of the plunger 69 engages to open the door).
As to claim 7, Yamagishi discloses that the closing mechanism (19, 39, 42) transfers the catch from the release position into the main latching position.
As to claim 8, Yamagishi discloses that the closing mechanism is directly engageable with the catch (19 with the catch 14).
As to claim 9, Yamagishi discloses that the coupling element (29) comprises a mechanical coupling with a sliding element (54, 55).
As to claim 13, Yamagishi discloses that the drive device includes a gear (27) that is configured to move the pawl from the blocking position.
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(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 4,848,031 to Yamagishi et al (Yamagishi) in view of US Pat Application Publication No 20180106081 to Bendel.
Yamagishi discloses a housing (12, 24), wherein the locking mechanism, the drive device, the closing mechanism, and the coupling element are located.
Yamagishi fails to disclose that the housing also includes the opening mechanism. Yamagishi discloses that the opening mechanism comprises his own housing (60).
Bendel teaches that it is well known in the art to provide an opening mechanism (9) integrated with a locking mechanism (10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the opening mechanism described by Yamagishi, integrated with the locking mechanism, as taught by Bendel, in order to concentrate all elements together as a unit, and leave space for accommodating any other desired device in the door.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 4,848,031 to Yamagishi et al (Yamagishi) in view of US Pat No 5,732,988 to Mizuki.
Yamagishi fails to disclose that the closing device (26) is connected to the coupling element (29) by a Bowden cable. Yamagishi discloses a mechanical coupling using gears (27).
Mizuki teaches that it is well known in the art to provide a connection with the closing device using a Bowden cable (15).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the connection of the closing device described by Yamagishi, as a Bowden cable, as taught by Mizuki, in order to provide a simpler connection and flexible connection between the elements.
Response to Arguments
With respect to the drawing objection and the 112 2nd paragraph rejections, the arguments are not persuasive.
Here is the invention:
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First, where can you see the 3 positions of the locking mechanism 10 and then the drive device 15 moving the pawl as claimed?
Second, where can you see the closing mechanism 17 transferring the locking mechanism 10 from the claimed positions.
Third, where can you see what actuates the opening mechanism to operate the raising device 11.
Fourth, where can you see the coupling element switching to mechanically connecting to either the closing or opening mechanism as claimed.
Finally, where can you see the electrical drive now claimed.
As explained during the course of the examination, no one with ordinary skill in the art, by looking at the drawings, can expect to understand the invention as claimed.
Therefore, the drawing objection and the 112 2nd paragraph rejection is maintained.
As to the prior art rejection, applicant’s arguments 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.
At the instant, is the examiners position that Yamagishi discloses the invention as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS LUGO whose telephone number is (571)272-7058. The examiner can normally be reached M-F 9-6pm.
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, Kristina Fulton can be reached at (571)272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Carlos Lugo/
Primary Examiner
Art Unit 3675
January 21, 2026