DETAILED ACTION
The following action is in response to the election/amendment filed for application 18/409,464 on March 30, 2026.
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 .
Election/Restrictions
Claims 14-15 and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on March 30, 2026.
Please Note: Claim 20 depends upon withdrawn claim 15, and therefore it has been withdrawn. It is suggested applicant change the dependency of claim 20 to depend upon claim 1.
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 2-3, 8-13, 17, and 19 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.
With regard to claim 2, on lines 5 and 12, the limitations of “a first force component” have already been introduced in claim 1. It is suggested applicant replace “a first force component” with “the first force component” in both instances. Claims 3 depends upon claim 2.
With regard to claim 8, applicant has already claimed that the movement mechanism is in the form of “an articulation mechanism or in the form of a guiding mechanism” on lines 6-7 of claim 1. Therefore, it is unclear what applicant is attempting to further claim on lines 3-4 of claim 8 (the limitation of the guiding mechanism is repeated, and “a link guiding mechanism and/or a cam disk mechanism” seem to be changing the original claimed limitation for the movement mechanism). The claim will be treated as best understood.
With regard to claim 9, on line 6, the limitation of “the superposition principle” lacks antecedent basis. It is unclear what applicant is attempting to claim on that line. It is suggested applicant remove “superposed according to the superposition principle,” on lines 6, 11 and 23, unless applicant can argue for the relevance of this limitation. Claims 10-13 depend upon claim 9.
With regard to claim 17, on line 2, there appears to be missing information between “wherein the cover or flap” and “into its open position.” It is suggested applicant insert “from its intermediate position.”
With regard to claim 19, on lines 2-3, there is currently no context with regard to the cover or flap’s “dead-center position.” Applicant could change the dependency of the claim to be upon claim 6 instead of claim 5. Also, on line 4, applicant uses the term “preferably.” Any limitations that follow that term are not definitively claimed. The claim will be treated as best understood.
Claim Interpretation
The limitation of a cover that “is manually reversibly moveable between a closed position…” has been interpreted as a cover that may possibly require a drive to move the cover (see non-elected species) but “can be” moved from a closed to an open position.
A spring mechanism that is configure to “support the transfer of the cover or flat at least into its open (or closed) position” has been interpreted as a spring that will provide a force toward or against (whatever is preferable) the cover during a portion of the opening or closing process. This is only the broad interpretation (i.e. for claim 1), as some of the dependent claims further specify the exact function of the spring mechanism during the processes.
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, 5, 7-8, 16-17 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Busch (US 7261360). With regard to claim 1, Busch teaches an actuating mechanism for actuating a cover or flap 1 of a vehicle that is manually reversibly movable between a closed position, in which the cover or flap is arranged in flush with a vehicle body 10, and an open position, in which the cover or flap is arranged at least partially or regionally behind the vehicle body and behind a vehicle outer shell (Fig. 1), wherein the actuating mechanism comprises a movement mechanism (@ 4/11) operatively connected to a rear side of the cover or flap 1, in the form of an articulation mechanism (@4/11) or in the form of a guiding mechanism, which is configured so as to, when transferring the cover or flap 1 from its closed position into its open position, first transfer the cover or flap into an intermediate position in which the cover or flap is located at least partially or regionally behind the vehicle body and behind the vehicle outer shell (between II and III; partially turned up behind body 10) and then transfer the cover or flap 1 into its open position, wherein the actuating mechanism further comprises a spring mechanism (Col. 4, line 24), which is associated with the movement mechanism or is part of the movement mechanism, wherein the spring mechanism is configured so as to do the following: when transferring the cover or flap from its closed position into its open position, and when transferring the cover or flap from its intermediate position into its open position, apply a first force component to the movement mechanism which supports the transfer of the cover or flap at least into its open position (i.e. spring provides resistance of movement of the door rotationally); or when transferring the cover or flap from its open position into its closed position, and when transferring the cover or flap from its intermediate position into its closed position, apply a first force component to the movement mechanism which supports the transfer of the cover or flap at least into its closed position (i.e. same spring would facilitate easier closure). With regard to claim 5, Busch teaches the mechanism, wherein the actuating mechanism is configured such that the cover or flap 1 can be transferred from its open position into its intermediate position by applying manual force to the cover or flap (Col. 5, line 23). With regard to claim 7, Busch teaches the mechanism, wherein the movement mechanism, which is operatively connected to the rear side of the cover or flap 1, is configured so as to, when transferring the cover or flap from its closed position into its open position, first transfer the cover or flap into the intermediate position in a linear movement (Col. 3 lines 10-15; I to II), a pure linear movement, and then transfer the cover or flap 1 into the open position in an at least substantially and purely rotational movement (Col. 3, lines 22-26). With regard to claim 8 (as best understood), Busch teaches the mechanism, wherein the movement mechanism (@4/11) which is operatively connected to the rear side of the cover or flap 1 comprises said articulation mechanism, which is configured so as to, when transferring the cover or flap from its closed position into its intermediate position (I to II), realize a corresponding linear movement of the cover or flap relative to the vehicle body and relative to the vehicle outer shell, and which is further configured so as to, when transferring the cover or flap from its intermediate position into its open position (from between II and III to III), realize an at least substantially and purely rotational movement of the cover or flap relative to the vehicle body and relative to the vehicle outer shell. With regard to claim 16, Busch teaches the mechanism, wherein the cover or flap 1 is arranged preferably strake-flush with the vehicle body 10. With regard to claim 17 (as best understood), Busch teaches the mechanism, wherein the cover or flap 1 from the intermediate position (between II and III) into its open position III in a purely rotational movement. With regard to claim 19 (as best understood), Busch teaches the mechanism, wherein the spring mechanism is configured to automatically transfer the cover or flap 1 into its dead-center position and, after overcoming the dead-center position, transfer the cover or flap 1 into its closed position (Col. 5, line 23; dead-center position is any position that the spring may automatically move the cover or flap to in the context of this claim).
Claim(s) 1, 4, 16 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Herczeg (US 20170356228). With regard to claim 1, Herczeg teaches an actuating mechanism for actuating a cover or flap 20 of a vehicle that is manually reversibly movable between a closed position, in which the cover or flap is arranged in flush with a vehicle body 18, and an open position, in which the cover or flap is arranged at least partially or regionally behind the vehicle body and behind a vehicle outer shell (Fig. 1), wherein the actuating mechanism comprises a movement mechanism 30 operatively connected to a rear side of the cover or flap 20, in the form of an articulation mechanism or in the form of a guiding mechanism, which is configured so as to, when transferring the cover or flap 20 from its closed position (Fig. 2) into its open position (Fig. 1), first transfer the cover or flap into an intermediate position (between Figs. 2 and 1) in which the cover or flap is located at least partially or regionally behind the vehicle body and behind the vehicle outer shell, and then transfer the cover or flap 20 into its open position, wherein the actuating mechanism further comprises a spring mechanism 56, which is associated with the movement mechanism or is part of the movement mechanism, wherein the spring mechanism is configured so as to do the following: when transferring the cover or flap from its closed position into its open position, and when transferring the cover or flap from its intermediate position into its open position, apply a first force component to the movement mechanism which supports the transfer of the cover or flap at least into its open position (paragraph 24); or when transferring the cover or flap from its open position into its closed position, and when transferring the cover or flap from its intermediate position into its closed position, apply a first force component to the movement mechanism which supports the transfer of the cover or flap at least into its closed position. With regard to claim 4, Herczeg teaches the mechanism, wherein the spring mechanism 56 comprises at least one dead-center spring, which is attached to a lever 40 or to a lever region of the movement mechanism on the one hand and to a point that is fixed with respect to the lever or the lever region of the movement mechanism on the other hand, wherein the lever or lever region of the moving mechanism is rotatably supported about a pivot point 48. With regard to claim 16, Herczeg teaches the mechanism, wherein the cover or flap 20 is arranged strake-flush with the vehicle body 18 (Fig. 2). With regard to claim 18, Herczeg teaches the mechanism, wherein the at least one dead-center spring 56 is an over dead-center spring attached to the lever 40 or lever region in a slightly offset position relative to the pivot point 48 of the lever or lever region, wherein the at least one dead-center spring is configured as a compression spring.
Allowable Subject Matter
Claim 6, and 8 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.
Claims 2-3, and 9-13 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.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record fails to show or render obvious the mechanism as claimed, and particularly
wherein the spring mechanism is configured so as to do the following: when transferring the cover or flap from its closed position into its open position, and when transferring the cover or flap from its intermediate position into its open position, apply a first force component to the movement mechanism which supports the transfer of the cover or flap into its open position at least until the cover or flap is in a dead-center position between the intermediate position and the open position, wherein the dead-center position of the cover or flap is a bistable position of the cover or flap; or when transferring the cover or flap from its open position into its closed position, and when transferring the cover or flap from its intermediate position into its closed position, apply a first force component to the movement mechanism which supports the transfer of the cover or flap into its closed position at least until the cover or flap is in a dead-center position between the open position and the closed position, wherein the dead-center position of the cover or flap is a bistable position of the cover or flap, and including the remaining structure of claim 2. Claim 3 depends upon claim 2. The present invention also particularly includes the mechanism, wherein the cover or flap comprises an actuating region which is arranged on the rear side of the cover or flap and is manually actuatable or graspable, which is configured such that the actuating region is manually actuatable or graspable at least in the open position of the cover or flap such that, in the direction of a biasing force applied by the spring mechanism to the movement mechanism and/or the cover or flap, the cover or flap is manually transferable from its open position into a dead-center position of the cover or flap and/or into the intermediate position of the cover or flap, and including the remaining structure of claim 6. The present invention teaches the mechanism, wherein the movement mechanism which is operatively connected to the rear side of the cover or flap, is configured so as to, when transferring the cover or flap from its closed position into its open position, first transfer the cover or flap into the intermediate position in a rotational and translational movement, superposed according to the superposition principle, and then transfer the cover or flap into the open position in an at least substantially and purely rotational movement, wherein the movement mechanism is configured so as to do the following:(a) proceeding from the closed position of the cover or flap, first move the cover or flap into the intermediate position in the rotational and translational movement, in which the cover is in a position in which the cover is pivoted relative to the closed position of the cover about a first axis of rotation and is at least partially or regionally offset in comparison to the closed position backwards towards the interior of the vehicle; and subsequently, proceeding from the intermediate position of the cover or flap, pivot the cover or flap in the at least substantially and purely rotational movement about a second axis of rotation into the open position, in which the cover or flap is arranged at least partially or regionally behind the vehicle body and behind the vehicle outer shell ,wherein the first axis of rotation about which the cover or flap is movable into the intermediate position in a rotational and translational movement, matches the second axis of rotation about which the cover or flap is pivotable into the open position proceeding from its closed position, and including the remaining structure of claim 9. Claims 10-13 depend upon claim 9.
Suggestions for Applicant
Should applicant incorporate any allowable subject matter noted above into independent claims, it is suggested applicant amend claims 14 and 15 to depend upon an allowable independent claim that the claims still read upon (i.e. the species of Figs 9-12 still share common limitations with said allowable independent claim). Otherwise, applicant may inadvertently by claiming an undisclosed hybrid species.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mihai (US 8439421) has been cited to show a similar mechanism comprising: a cover 102, a vehicle body 60, a lever 146, intermediate position (Fig. 4), spring 172 and fueling assembly 52.
Fukuda (US 20200105074) has been cited to show a similar mechanism comprising: a cover 46B, a vehicle body 16, and a charging assembly 40.
Gopfert (US 20240060343) has been cited to show as similar mechanism as withdrawn species 2 (without the claimed spring).
Gopfert (US20240110427) has been cited to show as similar mechanism as the elected species (without the claimed spring).
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/ROGER L PANG/Primary Examiner, Art Unit 3655
/ROGER L. PANG/
Examiner
Art Unit 3655B
May 1, 2026
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