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 applicant’s RCE filed on 5/18/26.
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) 15, 17, 18, 20, 23-28, 30, 31 and 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Application Publication No 20220034129 to Im et al (Im) in view of US Pat Application Publication No 20200095809 to Yong.
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As to claims 15, 18 and 23, Im discloses a method of controlling the power latch assembly that comprises rotating a power release gear (200) using a motor (100) in a first direction away from a first home position (start) to release the power latch assembly.
The motor is adapted to cinch a ratchet (500) to an overtravel position (fig 5c).
The method also requires ceasing rotation of the power release gear in the first direction following the reaching of the second home position (end). Then, rotating the power release gear using the motor in a second direction away from the second home position to cinch the power latch assembly; and ceasing rotation of the power release gear in the second direction following the power release gear reaching the first home position.
Im fails to disclose that the assembly comprises hard stop surfaces to stop the assembly in the home positions.
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Yong teaches that it is well known in the art to provide a hard stop (136, 230, or fig 13) to stop a member at a desired position.
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 assembly described by Im with hard stop surfaces, as taught by Yong, in order to stop movement of a member at a desired position.
As to claim 17, Im discloses that the ceasing rotation of the power release gear (200) does not occur between the first home position and the second home position (since it occurs when it reaches either position).
As to claim 20, Im discloses a power latch assembly for a motor vehicle that comprises a ratchet (500); a pawl (600); a cinch mechanism (400); and a single motor (100).
The single motor is adapted to actuate the pawl to release the ratchet during a power release cycle, and actuate the ratchet to an overtravel position “prior to the pawl moving to the ratchet releasing position” to soft open the ratchet during power soft opening cycle.
Yong teaches that is well known in the art to provide a hard stop (136, 230, or fig 13) to stop a member at a desired position.
As to claim 24, Im discloses that the power release gear (200) can move from the home position in either a clockwise or counterclockwise direction to move the ratchet from the primary striker capture position to the striker release position.
As to claim 25, Im discloses that the power release gear (200) can move from the home position in either a clockwise or counterclockwise direction to move the ratchet from the secondary striker capture position to the primary striker capture position.
As to claim 26, Im discloses that a sensor (520) is not provided to detect the home position of the power release gear (520 detects the half latch position).
As to claim 27, Im discloses that the power release gear (200) has two home positions (first one when it starts and second when it finishes).
As to claim 28, Im discloses that each home position are determined in response to stall condition of the actuator (fig 11a, 11b).
As to claim 30, Im discloses that the cinch mechanism is adapted to resist the rotation of the ratchet towards a striker release position subsequent the moving the pawl to the ratchet releasing position.
As to claim 31, Im discloses that the power release actuator comprises a single motor (100) for controlling the cinch mechanism and the power release gear.
As to claim 33, Im discloses that the cinch mechanism comprises a cinch lever (54), wherein with the cinch lever in engagement with the ratchet, the cinch lever is in alignment with the pawl in the ratchet holding position.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Application Publication No 20220034129 to Im et al (Im) in view of US Pat Application Publication No 20200095809 to Yong and further in view of US Pat Application Publication No 20220298834 to Distefano.
Im, as modified by Yong, fails to disclose that the power latch assembly is adapted to be supported at one of an upper lintel or rocker panel of the motor vehicle for engaging with a striker positioned at respectively the top or bottom of a closure panel. Im discloses that is used for a passenger door.
Distefano teaches that it is well known in the art to provide a power latch assembly with a cinch mechanism used on a passenger door or an upper lintel or rocker panel of the motor vehicle for engaging with a striker positioned at respectively the top or bottom of a closure panel (passenger doors, rear trunk, hood, etc., para 56).
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 power latch assembly described by Im, as modified by Yong, on an upper lintel or rocker panel of the motor vehicle for engaging with a striker positioned at respectively the top or bottom of a closure panel, as taught by Distefano, in order to be capable of securing any desired panel of the vehicle.
Allowable Subject Matter
Claims 1-4, 6-9, 11-14, 21, and 22 are allowed.
Claim 29 is 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.
Response to Arguments
The current amendment overcomes the previous claim objection and 112 2nd paragraph issues.
With respect to the prior art rejection to claim 1, the amendment, adding the allowable subject matter of claim 5, overcome the previous rejection.
With respect to claims 15, 17, 18 and 20 and new claims 23-33, in view of the current amendment, a new rejection has been made on the record.
Therefore, 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.
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.
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/Carlos Lugo/
Primary Examiner
Art Unit 3675
July 12, 2026
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