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 .
Examiner’s Comments
The Specification filed on 06/11/2026 has been entered by the Examiner.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Regarding claim 31, “a pair of friction pads” (lines 2 and 4); see pad or disc 242b and 242c in paragraph [0072].
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 18 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 18 is directed to flexible sheet (132) in Figures 15 and 16 in paragraph [0064]. There is no disclosure that the arcuate gear element (224) in Figure 26 in paragraphs [0017] and [0070] claimed in Claim 1 meets claim 18 thus this is considered new matter for mixing embodiments.
Allowable Subject Matter
Claims 1, 6, 17, 19-22, 31 and 32 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, wherein the output element comprises an arcuate gear
element, and wherein the clutch element comprises a gear portion that engages the arcuate gear element, and wherein, when the electrically operable motor is electrically operated and drives the input gear of the gear train, the output gear of the gear train drives the gear portion of the clutch element to impart movement of the arcuate gear element and the cover panel is not taught nor is fairly suggested by the prior art of record.
Claims 6 and 19 depends from claim 1.
Regarding claim 17, wherein the cover panel is pivotally attached at a first
end of a pivot arm, and wherein a second end of the pivot arm opposite the first
end is pivotally attached at the vehicle, and wherein, when the cover panel is
moved between the closed position and the opened position, the cover panel
moves in an arcuate path of motion, and wherein the cover panel pivots relative
to the first end of the pivot arm and the second end of the pivot arm pivots
relative to the vehicle to accommodate movement of the cover panel in the
arcuate path of motion is not taught nor is fairly suggested by the prior art of
record.
Claims 31 and 32 depends from claim 17.
Regarding claim 20, CN 217994596 U discloses a vehicular charge port
closure system (the charging port cover is also rotated 90 degrees; this is a
relatively preferred opening angle, at this time, it is convenient for the user to
directly insert the charging gun into the charging port under the content of the
utility model heading in paragraph starting with "In the above scheme, the
number of the first convex part"), the vehicular charge port closure system (the
charging port cover is also rotated 90 degrees; this is a relatively preferred
opening angle, at this time, it is convenient for the user to directly insert the
charging gun into the charging port under the content of the utility model heading
in paragraph starting with "In the above scheme, the number of the first convex
part") comprising: a cover panel (cover 8 as shown in Figure 10) pivotally
(blocking cover 8 is provided with a rotating shaft 81, a rotating shaft 81 matched
with the output shaft 66. when the output shaft 66 rotates, also drives the rotating
shaft 81 to rotate, so as to drive the blocking cover 8, exposing the charging port,
and then inserted into the charging gun to charge) attached at a vehicle
("a vehicle" under Technical field heading) equipped with the vehicular charge
port closure system (the charging port cover is also rotated 90 degrees; this is a
relatively preferred opening angle, at this time, it is convenient for the user to
directly insert the charging gun into the charging port under the content of the
utility model heading in paragraph starting with "In the above scheme, the
number of the first convex part"), wherein the cover panel (cover 8 as shown in
Figure 10) is pivotable (blocking cover 8 is provided with a rotating shaft 81, a
rotating shaft 81 matched with the output shaft 66. when the output shaft 66
rotates, also drives the rotating shaft 81 to rotate, so as to drive the blocking
cover 8, exposing the charging port, and then inserted into the charging gun to
charge) between (i) a closed position (as shown in Figure 10), where the cover
panel (cover 8 as shown in Figure 10) conceals a charge port of the vehicle
(inherent that the cover 8 conceals a charge port of the vehicle), and (ii) an
opened position ("Referring to FIG. 9, the lower shell 2 is provided with a socket
7, the cable on the vehicle is inserted into the socket 7, the cable through the
socket 7 to the motor 4 transmits the starting signal, the motor 4 to rotate, driving
the charging port cover is opened"), where the cover panel (cover 8 as shown in
Figure 10) is moved away from the charge port to allow access to a charging
connector of the charge port (inherent the cover panel is moved away from the
charge port to allow access to a charging connector the charge port); wherein the
vehicle ("a vehicle" under Technical field heading) comprises one selected from
the group consisting of (i) an electric vehicle and (ii) a plug-in hybrid vehicle
(charging port, and then inserted into the charging gun to charge); an actuator
("the actuator comprising a shell, the shell comprises an upper shell 1 and a
lower shell 2" as shown in Figure 1) that is electrically operable ("it can be
understood, also can be mechanical connection, electric connection and so on"
in the third paragraph from the end of the Specification) to move the cover panel
(cover 8 as shown in Figure 10) between the closed position (as shown in Figure
10) and the opened position ("Referring to FIG. 9, the lower shell 2 is provided
with a socket 7, the cable on the vehicle is inserted into the socket 7, the cable
through the socket 7 to the motor 4 transmits the starting signal, the motor 4 to
rotate, driving the charging port cover is opened"); wherein the actuator ("the
actuator comprises a shell, the shell comprises an upper shell 1 and a lower shell
2" as shown in Figure 1) comprises (i) an electrically operable ("it can be
understood, also can be mechanical connection, electric connection and so on"
in the third paragraph from the end of the Specification) motor (motor 4 as shown
in Figure 1) operable to rotatably drive an input gear of a gear train (the output
end of the motor 4 is provided with a worm 41, the worm wheel end 51 as shown
in Figure 1), (ii) an output element (transmission mechanism 5 as shown in
Figure 1) coupled to the cover panel (cover 8 as shown in Figure 10) and (iii) a
clutch element (clutch element 6 as shown in Figure 1) coupled to the output
element (transmission mechanism 5 as shown in Figure 1) and to an output gear
of the gear train (transmission gear 61 as shown in Figure 1).
However, CN 217994596 U does not show wherein the output element
comprises an arcuate gear element, and wherein the arcuate gear element, as
the cover panel moves between the closed position and the opened position,
moves together and in tandem with the cover panel; wherein the clutch element
comprises a gear portion that engages the arcuate gear element, and wherein
the electrically operable motor, when the actuator is electrically operated to move
the cover panel between the closed position and the opened position, rotatably
drives the input gear of the gear train to drive the output gear of the gear train
and drive the gear portion of the clutch element to impart movement of the
arcuate gear element and the cover panel; wherein the clutch element, when the
cover panel is manually moved between the closed position and the opened
position, decouples the arcuate gear element from the output gear of the gear
train; and wherein, with the arcuate gear element decoupled from the output gear
of the gear train, manual movement of the cover panel does not impart
movement of the gear train.
Regarding claim 20, wherein the output element comprises an arcuate gear element, and wherein the arcuate gear element, as the cover panel moves
between the closed position and the opened position, moves together and in
tandem with the cover panel; wherein the clutch element comprises a gear
portion that engages the arcuate gear element, and wherein the electrically
operable motor, when the actuator is electrically operated to move the cover
panel between the closed position and the opened position, rotatably drives the
input gear of the gear train to drive the output gear of the gear train and drive the
gear portion of the clutch element to impart movement of the arcuate gear
element and the cover panel; wherein the clutch element, when the cover panel
is manually moved between the closed position and the opened position,
decouples the arcuate gear element from the output gear of the gear train; and
wherein, with the arcuate gear element decoupled from the output gear of the
gear train, manual movement of the cover panel does not impart movement of
the gear train is not taught nor is fairly suggested by the prior art of record.
Claims 21 and 22 depends from claim 20.
Response to Arguments
Applicant's arguments filed 06/11/2026 have been fully considered but they are not persuasive.
Claim 18 is directed to flexible sheet (132) shown in Figures 15 and 16 in paragraph [0064]. There is no disclosure that the arcuate gear element (224) shown in Figure 26 in paragraphs [0017] and [0070] in claim 1 uses the flexible sheet (132) shown in Figures 15 and 16 in claim 18 thus this is considered new matter for mixing embodiments.
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.
Communication
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Lori Lyjak whose telephone number is
571-272-6658. The Examiner can normally be reached from 8:30 a.m. to
4:30 p.m. EST Monday through Friday.
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If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s Supervisor, Vivek Koppikar can be reached at 571-272-5109.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Lori Lyjak/Primary Examiner, Art Unit 3612B
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