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 .
Response to Arguments
Applicant’s arguments, see Remarks, filed 10/10/25, with respect to 35 U.S.C. 112(b) rejections have been fully considered and are persuasive. The 112(b) rejections of claims 1-10 have been withdrawn.
Applicant’s arguments, see Remarks, filed 10/10/25, with respect to 35 U.S.C. 102 rejections under Sakurai have been fully considered and are persuasive. The 102 rejections of claims 1, 2, and 7 have been withdrawn.
Applicant’s arguments, see Remarks, filed 10/10/25, with respect to 35 U.S.C. 102 rejections under Wang have been fully considered and are persuasive. The 102 rejections of claims 1-6, and 8-9 have been withdrawn.
However, upon further consideration, a new ground(s) of rejection is made in view of Carabalona US 20080191494 A1.
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 first component and the second component mentioned in claim 1 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 § 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(s) 1, 7, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carabalona US 20080191494 A1.
Regarding Claim 1, Carabalona teaches: A locking device (Fig 1) for locking a first component (Fig 7, 304) to a second component (Fig 1, the second component is the compartment mentioned in P0045), comprising: a first device part (Fig 9, 376) configured to attach to the first component (Fig 9 shows 376 is attached to first component 304 via 380) and a second device part (Fig 1, 300, 332) configured to attach to the second component (It is the position of the examiner that the compartment mentioned in P0045 that is the second compartment, is what second device part 300, 332 is attached to via the mounting holes shown unnumbered in Fig 1 to the left and right sides of 332 of the second device part), the first device part having a locking recess (Fig 8, 326) and the second device part having a movably mounted locking element (Fig 7, 319, 336, these are moveably mounted to 332 of the second device part via spindles 350, 352 as described in P0059) correspondingly configured to the locking recess (described in P0049 and shown in Fig 7 and 8), whereby the locking element engages in the locking recess in a locking position (shown in Fig 7) and thereby the first device part and second device part of the device are interlocked (shown in Fig 7 and 8); a drive assembly (Fig 10, 321) coupled to the locking element (coupled to 336 via 317, 339, 220 as shown in Fig 8 and Fig 10 and described in P0075), which is configured to move the locking element from the locking position to a release position (release position shown in Fig 12), in which the locking element does not engage the locking recess, in normal operation (Figs 7, 10, and 12 show the sequence of the locking element moving from the locking position to the release position via the drive assembly, which is also described in P0079), thereby releasing the first device part and second device part of the device from each other (P0079); a motor (Fig 325) including an output shaft (Fig 65, 327);a transmission wheel axially coupled with the output shaft (Fig 10, 331) such that the transmission wheel and the output shaft are axially arranged (shown in Fig 10 and described in P0076), wherein the transmission wheel is coupled to the locking element (Fig 8, coupled via 220, 339, 317), wherein as the transmission wheel rotates, wherein the transmission wheel is moveable from the locking position into the release position by turning the transmission wheel in a release direction (P0079, first direction mentioned is the release direction) and is movable from the release position to the locking position by an opposite rotation of the transmission wheel in a locking direction (P0080, second direction mentioned is the locking direction); and an emergency release device (Fig 8, 402 and described in P0075) operable manually by means of an emergency actuator (P0075, the receptacle (not shown)mentioned and further described in P0066 is the emergency actuator, which is connected to Bowden cable 220 via 402) and configured to move the locking element from the locking position to the release position in emergency mode (P0075), wherein the emergency actuator is decoupled in normal operation from movements of the drive assembly and the locking element ((it is the position of the examiner that since the manual actuation of the emergency actuator is via a remotely located handle as described in P0066, it is decoupled from movements of the drive assembly in normal operation as the emergency actuator would not be pulled in normal operation by the user).
Regarding Claim 7, Carabalona teaches: The locking device according to claim 1, wherein the emergency actuator is formed as a pull cable (P0075 describes the emergency actuator, the receptacle not shown, as being connected to 402 which is attached to Bowden cable 220 and pulls said cable 220 via 402 when the emergency actuator is pulled).
Regarding Claim 11, Carabalona teaches: The locking device according to claim 1 wherein the first device part is configured to attach to a glove compartment flap (P0046, the first device part 376 that is attached to first component 304 which is described in P0046 as a door, is a glove compartment flap as described in P0045 and P0005-0006), and wherein the second device part is configured to attach to a glove compartment (the compartment mentioned in P0045 that is the second compartment, is what second device part 300, 332 is attached to via the mounting holes shown unnumbered in Fig 1 to the left and right sides of 332 of the second device part, this compartment being a glove compartment as mentioned in P0005-P0006 ).
Allowable Subject Matter
Claims 2-6 and 8-10 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.
Regarding Claim 2, none of the prior art discloses or renders obvious a locking device having the combination of features recited in claim 2. The closest prior art of record, Carabalona US 20080191494 A1, teaches a locking device having much of the claimed structure but fails to teach: wherein, the transmission wheel includes an eccentrically arranged coupling element through which the transmission wheel is coupled to the locking element.
Regarding Claims 3-6, and 8-9, these claims are objected to due to their dependency on claim 2.
Regarding Claim 10, none of the prior art discloses or renders obvious a locking device having the combination of features recited in claim 10. The closest prior art of record, Carabalona US 20080191494 A1, teaches a locking device having much of the claimed structure but fails to teach: wherein the first device part has a plunger on which the locking recess is formed, and the second device part has a housing in which the locking element is movably mounted, the housing having an entrance opening for the plunger, and a bolt preloaded by means of a spring element in a direction of the entrance opening is arranged in the housing.
Claims 12-20 is allowed.
Regarding Claim 12, none of the prior art discloses or renders obvious a locking device having the combination of features recited in claim 12. The closest prior art of record, Carabalona US 20080191494 A1, teaches a locking device having much of the claimed structure but fails to teach: wherein the first device part has a plunger on which the locking recess is formed, and the second device part has a housing in which the locking element is movably mounted, the housing having an entrance opening for the plunger, and a bolt preloaded by means of a spring element in a direction of the entrance opening is arranged in the housing.
Regarding Claims 13-20, these claims are allowed due to their dependency on claim 12.
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 CHRISTOPHER F CALLAHAN whose telephone number is (571)272-5847. The examiner can normally be reached Mon through Thur 7:30am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.C./Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675