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 amendment filed on 11/13/25.
Claim Objections
Claim 21 is objected to because of the following informalities:
Claim 21, the limitation “cinch gear” has no antecedent of basis. Correction is required.
Appropriate correction is required.
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 1-9, 11-18 and 20 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 requires that the assembly comprises a power release actuator to move the pawl from the ratchet holding position to the ratchet release position (line 3).
However, the claim later requires that the multi-gear assembly drive the pawl from the ratchet holding position to the ratchet release position.
It is unclear how two devices operate the pawl to perform the same function.
Also, the multi-gear assembly is not configured to drive the pawl from the ratchet holding position to the ratchet releasing position. As described, the multi-gear assembly is composed of gears 148, 149 and 157.
However, the elements of the invention that actually drive the pawl from the ratchet holding position to the ratchet releasing position are the power release lever 88 and the pawl lever 92.
Therefore, in order to continue with the examination, the claim will be interpreted as the power release actuator is configured to operate the multi-gear assembly, and that a lever assembly (broadly claiming the levers in question) that are operationally connected between the multi-gear assembly and the pawl perform the claimed function. Correction is required.
Claim 1 also requires that the multi-gear assembly will disengage the cinch mechanism from the ratchet “after” the pawl has moved to the ratchet releasing position. At the instant, the limitation is indefinite.
First, as previously mentioned above, the multi-gear assembly by itself will not perform the function claimed. As described, there is a lever assembly in operative communication between the ratchet/pawl and the gear assembly.
Second, it is unclear how the gear assembly “disengage” the cinch mechanism from the ratchet after the pawl has moved to the ratchet releasing position since there is not clear disclosure of it.
Therefore, in order to continue with the examination, a broad interpretation will be given. Correction is required.
Claims 1, 15 and 20 now requires a multi-gear assembly that is configured to, among other things, to drive the ratchet to an overtravel position prior to the pawl moving to the ratchet releasing position.
As described in par 96, continued rotation of the power release gear 157, drives the ratchet 132 toward the cinched position into the primary striker capture position, where the pawl 134 drop back into engagement with the ratchet 132, by the spring 134a.
Then, continue movement toward the cinched position, causes the ratchet to move past the primary striker capture position to an overtravel position.
The multi-gear assembly is actually configured to drive the ratchet toward an overtravel position, by moving the ratchet to engage with the pawl, and then causing the ratchet to move past the engagement with the pawl (i.e. ratchet released from the pawl), to then move to the overtravel position.
So as described, the multi gear assembly drives the ratchet to an overtravel position after the pawl moves to the ratchet releasing position; not as claimed. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-8, 11, 12, and 14-22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Pat Application Publication No 20220034129 to Im et al (Im).
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Regarding claim 1, Im discloses a power latch assembly for a motor vehicle that comprises a power release actuator (100) arranged to move a pawl (600) from a ratchet holding position (fig 5a, 8), whereat a ratchet (500) is maintained in a striker capture position whereat the ratchet is in latched engagement with a striker (20) to maintain a closure panel in a closed position, to a ratchet releasing position (fig 4a), whereat the ratchet is moved to a striker release position out of latched engagement from the striker to allow the closure panel to be moved from the closed position to the open position.
A cinch mechanism (400) that moves the ratchet from an at least partially released position (fig 4b) to the striker capture position.
A multi-gear assembly (200, 300) is configured to drive the pawl from the ratchet holding position to the ratchet releasing position, to drive the ratchet from the at least partially released position to the striker capture position during a cinching operation, to drive the ratchet to an overtravel position (fig 5c) “prior to the pawl moving to the ratchet releasing position” (since the overtravel takes place before unlatching), and to disengage the cinch mechanism from the ratchet after the pawl has moved to the ratchet releasing position (at the overtravel position, the pawl is not engaged to the ratchet, then after the overtravel position, fig 5c, 442 disengage the ratchet 500, fig 7 to assume the primary latched position, disengagement of the cinch mechanism from the ratchet).
As to claim 2, Im discloses that multi-gear assembly comprises a power release gear (200) that establishes a home position at an end position of performing any single operation.
As to claim 3, 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 4, 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 6, 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 7, 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 8, Im discloses that each home position are determined in response to stall condition of the actuator (fig 11a, 11b).
As to claim 11, 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 12, 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 14, 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.
As to claims 15, 18 and 19, Im discloses a method of controlling a 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) “prior to the pawl moving to the ratchet releasing position”.
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.
As to claim 16, Im discloses that the ceasing rotation of the power release gear in the first direction following the power release gear reaching a second home position is in response to detection of a stall condition of the motor, and wherein ceasing rotation of the power release gear in the second direction following the power release gear reaching the first home position is in response to detection of another stall condition of the motor (when switches send signal to stop further actuation of the motor, figs 11a and 11b).
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.
Claims 21 and 22, Im discloses that the multi-gear assembly comprises an intermediate gear (300).
Allowable Subject Matter
Claims 5 and 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
With respect to the previous drawing objection, the current amendment to claims 8 and 9 language overcomes the previous objection.
With respect to the previous 112 2nd paragraph rejection to claim 12, the current amendment overcomes the previous issue.
With respect to the previous prior art rejection, applicant’s arguments with respect to the rejection of the claims 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.
Also, in view of the amendment, new rejections have been made on the record.
Prosecution has been closed.
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.
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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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
February 11, 2026