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 .
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.
Election/Restrictions
Applicant’s election without traverse of Species II in the reply filed on October 17, 2025 is acknowledged.
The examiner agrees that claims 1-17 are readable on the elected species, and therefore, claims 18-20 are withdrawn.
Information Disclosure Statement
The information disclosure statement filed January 30, 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
The examiner has listed the WO 2013082711 A1 reference on the PTO-892 and provided a copy for the application file.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 13a. 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. 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 Interpretation
In regards to claims 1 and 11, each preamble recites a closure panel movement system for moving a closure panel between a fully closed position and a fully open position with the closure panel and its associated positions recited merely as an intended use, however, the bodies of the claims contain positive recitations of the closure panel and its associated positions to define the state and operation of the movement system. Consequently, it cannot be determined whether applicant intends to claim the subcombination of the closure panel movement system or the closure panel movement system in combination with the closure panel. In formulating an evaluation on the merits, the examiner is considering that the claims are drawn to the combination and the claims will be rejected accordingly. If applicant indicates by amendment that the combination claim is the intention, the language of the preamble should be made consistent with the language of the body of the claims. If the intent is to claim the subcombination, then the body of the claim must be amended to remove positive recitations of the combination. Applicant’s intention in regards to the scope of the claim must be clearly established by the claim language.
Claim Objections
Claims 1-17 are objected to because of the following informalities:
In regards to claims 1, 3-6, 9-11, and 13-15, the reference characters should be removed from the claims to avoid using the reference characters to define the features of the claims.
In regards to claim 1, lines 1-3 should read as follows: “A closure panel movement system in combination with a closure panel of a frunk of a vehicle, the movement system moving the closure panel between a fully closed position and a fully open position, the movement system comprising,” in lines 7 and 8, the phrase “for driving the closure panel when unlatched to and from the fully open position” should be changed to “for driving the closure panel, when the latch is in an unlatched state, to and from the fully open position,” and lines 9 and 10 should read as follows: “wherein the presentment mechanism assists in movement of the closure panel from the fully closed position to a pop up position of the closure panel.”
In regards to claim 2, the claim should read as follows after the preamble: “wherein the pop up position of the closure panel corresponds to a secondary latch state of the latch.”
In regards to claim 3, the claim should read as follows: “The movement system of claim 1, wherein the presentment mechanism includes a biasing element positioned adjacent to the closure panel when the closure panel is in the pop up position.”
In regards to claims 4, 5, 8, and 14, the semicolon after each preamble should be changed to a comma.
In regards to claim 6, the claim should read as follows: “The movement system of claim 1, further comprising a controller for electronically controlling movement of the closure panel by using the drive unit to move the closure panel between the position of the closure panel corresponding to the unlatched state of the latch and the fully open position.”
In regards to claim 7, the claim should read as follows: “The movement system of claim 5, wherein the biasing element is in a biased state when the cinch motor operates latch to a position corresponding to the fully closed position of the closure panel.”
In regards to claim 9, a comma should be inserted after the preamble.
In regards to claim 10, line 1, the phrase “wherein the latch 16 is an including” should be changed to “wherein the latch includes.”
In regards to claim 11, lines 1-3 should read as follows: “A method of operating a closure panel movement system in combination with a closure panel of a frunk of a vehicle, the movement system moving the closure panel between a fully closed position and a fully open position, the method comprising,” in lines 4 and 5, the phrase “a latched and unlatched position” should be changed to “a latched state and an unlatched state,” in lines 9 and 10, the phrase “to drive the closure panel when unlatched to and from the fully open position” should be changed to “to drive the closure panel, when the latch is in the unlatched state, to and from the fully open position,” and lines 11 and 12 should read as follows: “wherein the presentment mechanism assists in movement of the closure panel from the fully closed position to a pop up position of the closure panel.”
In regards to claim 12, the claim should read as follows: “The method of claim 11, wherein the pop up position of the closure panel corresponds to a secondary latch state of the latch.”
In regards to claim 13, the claim should read as follows: “The method of claim 11, wherein the presentment mechanism uses a biasing element positioned adjacent to the closure panel when the closure panel is in the pop up position.”
In regards to claim 15, a comma should be inserted after the preamble.
In regards to claim 16, the claim should read as follows: “The method of claim 11, wherein the movement system further comprises a controller controlling movement of the closure panel by using the drive unit to move the closure panel between the position of the closure panel corresponding to the unlatched state of the latch and the fully open position.”
In regards to claim 17, the claim should read as follows: “The method of claim 11, further comprising cinching the latch to a position corresponding to the fully closed position of the closure panel, thereby causing the biasing element to be in a biased state.”
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 1-17 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.
In regards to claim 1, the relationship between the closure panel being “unlatched,” as recited in line 7, and the “unlatched position” of the latch, as recited in line 11, is unclear from the claim language. It is understood from the specification and drawings that the unlatched position or state of the latch refers to the state in which the latch allows the closure panel to move to its fully open position beyond the position shown in Figure 10C, and that the “unlatching” of the closure panel in line 7 is equivalent to the “unlatched position” of the latch in line 11 and will be examined as such. See claim objections above.
In regards to claim 1, lines 9 and 10, it is unclear how the presentment mechanism assists in movement of the closure panel between a pop up position of the closure panel and an unlatched position of the latch. Furthermore, it is unclear how the latch, which refers to multiple components that move relative to one another and have various positions, as a whole can have an unlatched position, when the latch has an unlatched state, in which the various components have associated positions and will be examined as such. It is understood from the specification that the pop up position of the closure panel is shown in Figure 10B, and in this position of the closure panel the latch is still engaged with the striker on the closure panel until the latch is fully released or switched to the unlatched state, such that the drive unit can move the closure panel from the pop up position to the fully open position. The presentment mechanism does not assist movement of the closure panel between or to and from the pop up position and a position of the closure panel corresponding to the unlatched state of the latch, as suggested by the claim language. It is understood from the specification that the presentment mechanism assists in movement of the closure panel from the fully closed position in Figure 10A to the pop up position in Figure 10B, and will be examined as such. See claim objections above.
In regards to claims 2 and 12, it is unclear how an unlatched position or state of the latch can be a latch position, when the term “unlatched” suggests releasing of the latch. It is understood from the specification that the state of the latch in which the closure panel is held in which the pop up position is the secondary latch state of the latch to which the claim refers, and will be examined as such. See claim objections above.
In regards to claims 6 and 16, it is unclear how the controller controls movement of the closure panel using the presentment mechanism, when the presentment mechanism is a purely mechanical device that is actuated when the latch is released to the secondary latch state in Figure 10B and the controller does not electrically control the presentment mechanism, as suggested by the claim. Furthermore, the claim language suggests that the unlatched position is that of the closure panel, when claims 1 and 11 set forth the unlatched position or state as that of the latch. For examination purposes, the claim will be examined with the language set forth in the claim objections above and as supported by the specification.
In regards to claims 7 and 17, it is unclear how the biasing element 15b is in an “unbiased” state when the closure panel is in the fully closed position, when it is understood from the specification that the biasing element is biased or compressed in the fully closed position of the closure panel and is unbiased or released from compression when the closure panel is moved to the pop up position. Furthermore, the phrase “operates the latch to the fully closed position” suggests that the fully closed position is that of the latch, when claims 1 and 11 set forth that the fully closed position is that of the closure panel. For examination purposes, the claim will be examined with the language set forth in the claim objections above and as supported by the specification.
In regards to claim 11, it is unclear how the latch, which refers to multiple components that move relative to one another and have various positions, as a whole can have a latched position and an unlatched position, when the latch has a latched state and an unlatched state, in which the various components have associated positions and will be examined as such. See claim objections above.
In regards to claim 11, the relationship between the closure panel being “unlatched,” as recited in lines 9 and 10, and the unlatched state of the latch, as recited in lines 5 and 12, is unclear from the claim language. It is understood from the specification and drawings that the unlatched position or state of the latch refers to the state in which the latch allows the closure panel to move to its fully open position beyond the position shown in Figure 10C, and that the “unlatching” of the closure panel in lines 9 and 10 is equivalent to the unlatched state of the latch in lines 5 and 12 and will be examined as such. See claim objections above.
In regards to claim 11, lines 11 and 12, it is unclear how the presentment mechanism assists in movement of the closure panel between a pop up position of the closure panel and the unlatched state of the latch. It is understood from the specification that the pop up position of the closure panel is shown in Figure 10B, and in this position of the closure panel the latch is still engaged with the striker on the closure panel until the latch is fully released or switched to the unlatched state, such that the drive unit can move the closure panel from the pop up position to the fully open position. The presentment mechanism does not assist movement of the closure panel between or to and from the pop up position and a position of the closure panel corresponding to the unlatched state of the latch, as suggested by the claim language. It is understood from the specification that the presentment mechanism assists in movement of the closure panel from the fully closed position in Figure 10A to the pop up position in Figure 10B, and will be examined as such. See claim objections above.
In regards to claims 3-5, 8-10, and 13-15, these claims are rejected under 35 U.S.C. 112(b) because they depend from claims 1 and 11.
Claim Rejections - 35 USC § 103
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.
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) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lebsak et al. (US Pub. No. 2019/0145135) in view of Moon (US-6059346).
In regards to claim 1, Lebsak et al. discloses a closure panel movement system in combination with a closure panel 12 of a frunk of a vehicle (Paragraphs 6, 56, and 57), the movement system moving the closure panel between a fully closed position 12A and a fully open position 12C (the closure panel being manually moved to the fully open position after being released by the latch), the movement system comprising: a latch 40, 42, 90, 94, 66 mounted to a body 11 of the vehicle (Figure 1) and having an unlatched state (state in which portion 132 of the latch releases the striker 22, Paragraph 71), the latch for maintaining the closure panel in the fully closed position; a presentment mechanism 70, 72 positioned between the closure panel and the body; wherein the presentment mechanism assists in movement of the closure panel from the fully closed position to a pop up position of the closure panel 12B (Figure 7A). Lebsak et al. fails to disclose a drive unit coupled to the closure panel for driving the closure panel, when the latch is in the unlatched state, to and from the fully open position. Moon teaches a drive unit (Figure 1) coupled to a closure panel 7 for driving the closure panel, when a latch is in an unlatched state (Col. 1, lines 28-47), to and from a fully open position (position shown with solid lines in Figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include a drive unit to move the closure panel to and from the fully open position, with reasonable expectation of success, in order to enhance the ease in which the closure panel is moved and since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art.
In regards to claims 2 and 12, Lebsak et al. discloses that the pop up position of the closure panel corresponds to a secondary latch state of the latch (secondary latch state in which portion 132 of the latch holds the striker and thereby the closure panel in the pop up position, Figure 7A).
In regards to claims 3 and 13, Lebsak et al. discloses that the presentment mechanism includes a biasing element 72 positioned adjacent to the closure panel when the closure panel is in the pop up position (Figure 7A).
In regards to claims 4 and 14, Lebsak et al. discloses that the biasing element is positioned on a plunger 88 of the presentment mechanism (portion 88 is considered as a plunger based on Merriam-Webster’s Dictionary definition of a plunger being “one that plunges” or one that enters a state or course of action usually suddenly).
In regards to claims 5 and 15, Lebsak et al. discloses that the latch includes a cinch motor 38 for providing a cinch operation of the latch.
In regards to claims 6 and 16, Lebsak et al. in view of Moon teaches a controller (controller 37of Lebsak et al. and controlling circuitry shown in Figure 1 of Moon) for electronically controlling movement of the closure panel by using the drive unit to move the closure panel between the position of the closure panel corresponding to the unlatched state of the latch and the fully open position.
In regards to claims 7 and 17, Lebsak et al. discloses that the biasing element is in a biased state when the cinch motor operates latch to a position corresponding to the fully closed position of the closure panel (Figure 2B).
In regards to claim 8, Lebsak et al. discloses that the biasing element is the only spring biasing the closure panel in a direction away from the fully closed position (Figure 2B).
In regards to claim 9, Lebsak et al. discloses a grab feature located on the closure panel (the grab feature being the front free edge of the closure panel, Figure 1), the grab feature to facilitate by a vehicle user the movement of the closure panel towards the pop up position due to operation failure of the presentment mechanism (the closure panel is capable of being grabbed by a user at the free edge or grab feature, such that the user can push or pull the closure panel towards the pop up position in the event that the presentment mechanism does no bias the striker, and thereby the closure panel, to the position in Figure 7A).
In regards to claim 10, Lebsak et al. discloses that the latch includes at least one of a power release motor and a cinch motor 38.
In regards to claim 11, Lebsak et al. discloses a method of operating a closure panel movement system in combination with a closure panel 12 of a frunk of a vehicle (Paragraphs 6, 56, and 57), the movement system moving the closure panel between a fully closed position 12A and a fully open position 12C (the closure panel being manually moved to the fully open position after being released by the latch), the method comprising: operating a latch 40, 42, 90, 94, 66 mounted to a body 11 of the vehicle (Figure 1) between a latched state (Figure 2B) and an unlatched state (state in which portion 132 of the latch releases the striker 22, Paragraph 71), the latch for maintaining the closure panel in the fully closed position; operating a presentment mechanism 70, 72 positioned between the closure panel and the body to move the closure panel with respect to a pop up position (Figure 7A) of the closure panel (moves the closure panel to positions between the fully closed position and the pop up position, and therefore, moves the closure panel with respect to the pop up position); wherein the presentment mechanism assists in movement of the closure panel from the fully closed position to a pop up position of the closure panel 12B (Figure 7A). Lebsak et al. fails to disclose operating a drive unit coupled to the closure panel for driving the closure panel, when the latch is in the unlatched state, to and from the fully open position. Moon teaches a drive unit (Figure 1) coupled to a closure panel 7 for driving the closure panel, when a latch is in an unlatched state (Col. 1, lines 28-47), to and from a fully open position (position shown with solid lines in Figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include a drive unit to move the closure panel to and from the fully open position, with reasonable expectation of success, in order to enhance the ease in which the closure panel is moved and since it has been held that broadly providing a mechanical or automatic means to replace manual activity which has accomplished the same result involves only routine skill in the art.
Conclusion
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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 December 16, 2025