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 .
Election/Restrictions
Claims 3, 7-16, 18 and 24-30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 03/03/2026.
Claim Objections
Claim 23 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 1 in lines 8-9. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 2, 4 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 217994596 U.
Regarding claim 1, 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) disposed 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 movable 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); an actuator (“the actuator comprises 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 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 mechanism 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); wherein the output element (transmission mechanism 5 as shown in Figure 1), as the cover panel (cover 8 as shown in Figure 10) moves 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”), moves together and in tandem with the cover panel (cover 8 as shown in Figure 10); wherein the 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), when the actuator (“the actuator comprises a shell, the shell comprises an upper shell 1 and a lower shell 2” as shown in Figure 1) is electrically operated (“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”), drives the input gear of the 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) to drive the output gear of the gear train (transmission gear 61 as shown in Figure 1) and drive the clutch element
(clutch mechanism 6 as shown in Figure 1) to impart movement of the output element (transmission mechanism 5 as shown in Figure 1) and the cover panel (cover 8 as shown in Figure 10); wherein the clutch element (clutch mechanism 6 as shown in Figure 1), when the cover panel (cover 8 as shown in Figure 10) is manually moved 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”), decouples the output element (transmission mechanism 5 as shown in Figure 1) from the output gear of the gear train (transmission gear 61 as shown in Figure 1); and wherein, with the output element (transmission mechanism 5 as shown in Figure 1) decoupled from the output gear of the gear train (transmission gear 61 as shown in Figure 1), manual movement of the cover panel (cover 8 as shown in Figure 10) does not impart movement of the gear train (a worm 41, the worm wheel end 51 and transmission gear 61 as shown in Figure 1).
Regarding claim 2, CN 217994596 U discloses 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”) of claim 1, wherein, 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”) mounted at the vehicle (“a vehicle” under Technical field heading), the cover panel (cover 8 as shown in Figure 10) is pivotably attached at the vehicle (“a vehicle” under Technical field heading).
Regarding claim 4, CN 217994596 U discloses 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”) of claim 2, wherein the cover panel pivots (cover 8 as shown in Figure 10) about a horizontal pivot axis.
Regarding claim 19, CN 217994596 U discloses 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”) of claim 1, 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).
Allowable Subject Matter
Claims 20-22 are allowed.
Claims 5, 6 and 17 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, 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.
Claim 6 depends from Claim 5.
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.
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 1, 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.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US 5924757 A discloses a damper mechanism comprises a rotational damper which is filled with a viscous fluid and which is rotatably connected to a pinion which, in turn, is enmeshed with a toothed arcuate segment of a refueling flap
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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/Lori Lyjak/Primary Examiner, Art Unit 3612B