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 .
Information Disclosure Statement
Applicant’s information disclosure statement filed 9/8/2025 has been considered and is included in the file.
Claim Objections
Claims 1, 3, 7, 12, 13, and 20 are objected to because of the following informalities:
In claim 1, line 7, claim 3, line 2, claim 7, line 2, claim 12, line 10, claim 13, line 2, and claim 20, lines 10, 13, and 42, “secondary hinge assembly” should be changed to --hinge assembly-- or --secondary hinge structure-- since there are no other hinge assemblies.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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.
Claims 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Clausen-Schaumann (DE 10025925, machine translation attached).
Regarding claim 1, Clausen-Schaumann discloses a vehicle door assembly (Fig. 5) comprising: a door support structure (3); and a hinge structure ((6),(8),(12),(14)) comprising a primary hinge (8) rotatable about a first axis (9); wherein the door support structure (3) comprises a first attachment structure (4), wherein the hinge structure ((6),(8),(12),(14)) comprises a second attachment structure (2), and wherein the first attachment structure (4) and the second attachment structure (2) form a secondary hinge assembly (1) in which the first attachment structure is selectively rotatable with respect to the second attachment structure about a second axis (2) that extends in a different direction from the first axis (9).
Clausen-Schaumann does not explicitly disclose a charge port door, however, the phrase is deemed intended use, and the door assembly of Clausen-Schaumann is capable of being used as a vehicle charge port door assembly. It has been held “where a patentee defines a structurally complete invention in the claim body and uses the preamble only to state a purpose or intended use for the invention, the preamble is not a claim limitation". See Rowe v. Dror, 112 F.3d 473, 478, 42 USPQ2d 1550, 1553 (Fed. Cir. 1997).
Regarding claim 2, Clausen-Schaumann discloses the door assembly of claim 1, and discloses wherein the second axis (2) is perpendicular to the first axis ((9), see Fig. 3).
Regarding claim 3, Clausen-Schaumann discloses the door assembly of claim 1, and discloses wherein the secondary hinge assembly (1) has a first position (Fig. 1) in which the door support structure is unfolded and a second position (Fig. 2) in which the door support structure is folded, and wherein the first attachment structure is selectively rotatable with respect to the second attachment structure about the second axis from the first position to the second position (Figs. 1-2, paragraph [0029] of the machine translation).
Regarding claim 4, Clausen-Schaumann discloses the door assembly of claim 3, and discloses wherein the first attachment structure (4) is configured to be lifted away from the second attachment structure (2) to rotate the first attachment structure with respect to the second attachment structure between the first position and the second position (Figs. 1-2 show the rotation and the lifting away of the first attachment structure (4)).
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.
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.
Claims 5-11 are rejected under 35 U.S.C. 103 as being unpatentable over Clausen-Schaumann (DE 10025925, machine translation attached) in view of Su (US 2004/0139579).
Regarding claim 5, Clausen-Schaumann discloses the door assembly of claim 3.
Clausen-Schaumann does not explicitly disclose, however, wherein the first attachment structure comprises a first protrusion, wherein the second attachment structure comprises a first recess and a second recess, and wherein the first protrusion slots into the first recess in the first position and the first protrusion slots into the second recess in the second position.
Su, like Clausen-Schaumann, teaches a hinge assembly for a cover, and further teaches wherein the first attachment structure (20) comprises a first protrusion (212), wherein the second attachment structure (10) comprises a first recess (131) and a second recess (131, paragraph [0012], at least two), and wherein the first protrusion slots into the first recess in the first position and the first protrusion slots into the second recess in the second position (paragraph [0014] teaches the first protrusion slots into the first recess in the first position and the second recess in the second position, “180 degrees from each other”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the door assembly of Clausen-Schaumann to include multiple recesses on the second attachment structure as taught by Su, with a reasonable expectation of success, for providing the door to be positioned and secured in any predetermined angle (Su: paragraph [0015]).
Regarding claim 6, Clausen-Schaumann as modified by Su teaches the door assembly of claim 5, and teaches (references to Su) wherein the second attachment structure (10) comprises a stopper protrusion (133) adjacent to the first recess (131) that is configured to prevent the first protrusion of the first attachment structure from moving in a direction towards the stopper protrusion from the first position (combined with the incline of the first recess, the stopper protrusion prevents movement from the first position).
Regarding claim 7, Clausen-Schaumann discloses the door assembly of claim 4, and discloses wherein the secondary hinge assembly (1) comprises an elastic structure (paragraph [0028]).
However, Clausen-Schaumann does not explicitly disclose the elastic structure biases the first attachment structure towards the second attachment structure when the first attachment structure is lifted away from the second attachment structure.
Su, like Clausen-Schaumann, teaches a hinge assembly for a cover, and further teaches wherein the secondary hinge assembly ((20)/(10)) an elastic structure (30) that biases the first attachment structure (20) towards the second attachment structure (10) when the first attachment structure (20) is lifted away from the second attachment structure (10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the door assembly of Su to have the elastic structure bias the first attachment structure towards the second attachment structure when the first attachment structure is lifted away from the second attachment structure as taught by Su, with a reasonable expectation of success, in order to prevent the separation of the first attachment structure and the second attachment structure (Su: paragraph [0013]).
Regarding claim 8, Clausen-Schaumann as modified by Su teaches the door assembly of claim 7, and teaches (references to Clausen-Schaumann) wherein the first attachment structure (4) comprises an outer body that defines a cylindrical space (Figs. 1-2) therein and a lateral wall having an opening formed therein (Figs. 1-2), and wherein the second attachment structure (2) comprises an inner cylindrical body (Figs. 1-2) that passes through the opening (Figs. 1-2) and extends at least partially into the cylindrical space (Figs. 1-2).
Regarding claim 9, Clausen-Schaumann as modified by Su teaches the door assembly of claim 8, and teaches (references to Clausen-Schaumann) wherein the elastic structure (as noted in paragraph [0028]) is disposed around the inner cylindrical body within the cylindrical space (paragraph [0028]).
Regarding claim 10, Clausen-Schaumann as modified by Su teaches the door assembly of claim 6, however does not explicitly teach wherein the first attachment structure further comprises a second protrusion, wherein the second attachment structure further comprises a third recess and a fourth recess, and wherein the second protrusion slots into the third recess in the first position and the second protrusion slots into the fourth recess in the second position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the door assembly of Clausen-Schaumann as modified by Su to include a second protrusion and a third and fourth recess, with a reasonable expectation of success, in order to provide the door to be positioned and secured in multiple predetermined angle (Su: paragraph [0015]). Further, it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F. 2d 669, 124 USPQ 378 (CCPA 1960). Adding additional projections and recesses does as expected, producing an ability to hold a position for the assembly.
Regarding claim 11, Clausen-Schaumann as modified by Su teaches the door assembly of claim 10, and teaches (references to Su) wherein the stopper protrusion (133) is adjacent to the fourth recess (131) and is configured to prevent the second protrusion of the first attachment structure from moving in a direction towards the stopper protrusion from the second position (combined with the incline of the fourth recess, the stopper protrusion prevents movement from the second position, based on the duplication).
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Richard Fritz GmbH + Co. (DE 102012104986, hereinafter “Fritz”, machine translation attached) in view of Clausen-Schaumann (DE 10025925).
Regarding claim 12, Fritz discloses a vehicle (10) comprising: a side mirror (20); and a vehicle charge port door assembly (9) comprising: a charge port door cover (16), a door support structure (17).
Fritz does not explicitly disclose a hinge structure comprising a primary hinge rotatable about a first axis, wherein the door support structure comprises a first attachment structure, wherein the hinge structure comprises a second attachment structure, and wherein the first attachment structure and the second attachment structure form a secondary hinge assembly in which the first attachment structure is selectively rotatable with respect to the second attachment structure about a second axis that extends in a different direction from the first axis.
Clausen-Schaumann, like Fritz, teaches a vehicle and further teaches a vehicle door assembly (Fig. 5) comprising: a door support structure (3); and a hinge structure ((6),(8),(12),(14)) comprising a primary hinge (8) rotatable about a first axis (9); wherein the door support structure (3) comprises a first attachment structure (4), wherein the hinge structure ((6),(8),(12),(14)) comprises a second attachment structure (2), and wherein the first attachment structure (4) and the second attachment structure (2) form a secondary hinge assembly (1) in which the first attachment structure is selectively rotatable with respect to the second attachment structure about a second axis (2) that extends in a different direction from the first axis (9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle of Frtz to include the hinge structure and connection to the door support structure as taught by Clausen-Schaumann, with a reasonable expectation of success, in order to provide several different pivoting/rotary movements for the door assembly for various situations that would require different angles using simple means, such as if there is an accident (Clausen-Schaumann: paragraphs [0004]-[0007] and [0016] of the machine translation).
Regarding claim 13, Fritz as modified by Clausen-Schaumann teaches the vehicle of claim 12, and teaches (references to Clausen-Schaumann) wherein the secondary hinge assembly (1) has a first position (Fig. 1) in which the door support structure is unfolded and a second position (Fig. 2) in which the door support structure is folded, and wherein the first attachment structure is selectively rotatable with respect to the second attachment structure about the second axis from the first position to the second position (Figs. 1-2, paragraph [0029] of the machine translation).
Regarding claim 14, Fritz as modified by Clausen-Schaumann teaches the vehicle of claim 13, and teaches wherein, in the first position (Clausen-Schaumann: Fig. 4, wherein the charge port door is rotated about the first axis outward like a typical door motion), the charge port door cover extends outward from the vehicle farther than the side mirror (in this position, the charge port door cover would extend outward beyond the side mirror shown in Fig. 1 of Fritz), and wherein, in the second position (Clausen-Schaumann: Figs. 2 and 5), the charge port door cover extends outward from the vehicle a distance corresponding to or less than the side mirror (In combination, the charge port door cover would extend a distance less than the side mirror, similar to Fig. 4c of Fritz).
Regarding claim 15, Fritz as modified by Clausen-Schaumann teaches the vehicle of claim 13, and teaches (references to Clausen-Schaumann) wherein the first attachment structure (4) is configured to be lifted away from the second attachment structure (2) to rotate the first attachment structure with respect to the second attachment structure between the first position and the second position (Figs. 1-2 show the rotation and the lifting away of the first attachment structure (4)).
Claims 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Richard Fritz GmbH + Co. (DE 102012104986, hereinafter “Fritz”) in view of Clausen-Schaumann (DE 10025925) as applied to claim 13 above, and further in view of Su (US 2004/0139579).
Regarding claim 16, Fritz as modified by Clausen-Schaumann teaches the vehicle of claim 13.
Fritz as modified by Clausen-Schaumann does not explicitly teach, however, wherein the first attachment structure comprises a first protrusion, wherein the second attachment structure comprises a first recess and a second recess, and wherein the first protrusion slots into the first recess in the first position and the first protrusion slots into the second recess in the second position.
Su, like Fritz, teaches a hinge assembly for a cover, and further teaches wherein the first attachment structure (20) comprises a first protrusion (212), wherein the second attachment structure (10) comprises a first recess (131) and a second recess (131, paragraph [0012], at least two), and wherein the first protrusion slots into the first recess in the first position and the first protrusion slots into the second recess in the second position (paragraph [0014] teaches the first protrusion slots into the first recess in the first position and the second recess in the second position, “180 degrees from each other”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle of Fritz as modified by Clausen-Schaumann to include multiple recesses on the second attachment structure as taught by Su, with a reasonable expectation of success, for providing the door to be positioned and secured in any predetermined angle (Su: paragraph [0015]).
Regarding claim 17, Fritz as modified by Clausen-Schaumann and Su teaches the vehicle of claim 16, and teaches (references to Su) wherein the second attachment structure (10) comprises a stopper protrusion (133) adjacent to the first recess (131) that is configured to prevent the first protrusion of the first attachment structure from moving in a direction towards the stopper protrusion from the first position (combined with the incline of the first recess, the stopper protrusion prevents movement towards the first position).
Regarding claim 18, Fritz as modified by Clausen-Schaumann and Su teaches the vehicle of claim 17, however does not explicitly teach wherein the first attachment structure further comprises a second protrusion, wherein the second attachment structure further comprises a third recess and a fourth recess, and wherein the second protrusion slots into the third recess in the first position and the second protrusion slots into the fourth recess in the second position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle of Fritz as modified by Clausen-Schaumann and Su to include a second protrusion and a third and fourth recess, with a reasonable expectation of success, in order to provide the door to be positioned and secured in multiple predetermined angle (Su: paragraph [0015]). Further, it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F. 2d 669, 124 USPQ 378 (CCPA 1960). Adding additional projections and recesses does as expected, producing an ability to hold a position for the assembly.
Regarding claim 19, Fritz as modified by Clausen-Schaumann and Su teaches the vehicle of claim 18, and teaches (references to Su) wherein the stopper protrusion (133) is adjacent to the fourth recess (131) and is configured to prevent the second protrusion of the first attachment structure from moving in a direction towards the stopper protrusion from the second position (combined with the incline of the fourth recess, the stopper protrusion prevents movement from the second position, based on the duplication).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Richard Fritz GmbH + Co. (DE 102012104986, hereinafter “Fritz”) in view of Clausen-Schaumann (DE 10025925) and Su (US 2004/0139579).
Regarding claim 20, Fritz discloses a vehicle (10) comprising: a side mirror (20); and a vehicle charge port door assembly (9) comprising: a charge port door cover (16), a door support structure (17).
Fritz does not explicitly disclose a hinge structure comprising a primary hinge rotatable about a first axis, wherein the door support structure comprises a first attachment structure, wherein the hinge structure comprises a second attachment structure, and wherein the first attachment structure and the second attachment structure form a secondary hinge assembly in which the first attachment structure is selectively rotatable with respect to the second attachment structure about a second axis that extends perpendicular to the first axis, wherein the secondary hinge assembly has a first position in which the door support structure is unfolded and a second position in which the door support structure is folded, wherein the first attachment structure is selectively rotatable with respect to the second attachment structure about the second axis from the first position to the second position, wherein, in the first position, the charge port door cover extends outward from the vehicle farther than the side mirror, wherein, in the second position, the charge port door cover extends outward from the vehicle a distance corresponding to or less than the side mirror, wherein the first attachment structure comprises a first protrusion and a second protrusion, wherein the second attachment structure comprises a first recess, a second recess, a third recess, a fourth recess, and a stopper protrusion adjacent to the first recess and the fourth recess, wherein the first protrusion slots into the first recess and the second protrusion slots into the third recess in the first position, wherein the first protrusion slots into the second recess and the second protrusion slots into the fourth recess in the second position, wherein the stopper protrusion is configured to prevent the first protrusion of the first attachment structure from moving in a direction towards the stopper protrusion from the first position, and to prevent the second protrusion of the first attachment structure from moving in a direction towards the stopper protrusion from the second position, wherein the first attachment structure comprises an outer body that defines a cylindrical space therein and a lateral wall having an opening formed therein, wherein the second attachment structure comprises an inner cylindrical body that passes through the opening and extends at least partially into the cylindrical space, and wherein the secondary hinge assembly comprises an elastic structure around the inner cylindrical body within the cylindrical space that biases the first attachment structure towards the second attachment structure when the first attachment structure is lifted away from the second attachment structure.
Clausen-Schaumann, like Fritz, teaches a vehicle and further teaches a vehicle door assembly (Fig. 5) comprising: a door support structure (3); and a hinge structure ((6),(8),(12),(14)) comprising a primary hinge (8) rotatable about a first axis (9); wherein the door support structure (3) comprises a first attachment structure (4), wherein the hinge structure ((6),(8),(12),(14)) comprises a second attachment structure (2), and wherein the first attachment structure (4) and the second attachment structure (2) form a secondary hinge assembly (1) in which the first attachment structure is selectively rotatable with respect to the second attachment structure about a second axis (2) that extends perpendicular to the first axis ((9), see Fig. 3), wherein the secondary hinge assembly (1) has a first position (Fig. 1) in which the door support structure is unfolded and a second position (Fig. 2) in which the door support structure is folded, wherein the first attachment structure is selectively rotatable with respect to the second attachment structure about the second axis from the first position to the second position (Figs. 1-2, paragraph [0029] of the machine translation), wherein, in the first position (Fig. 4, wherein the charge port door is rotated about the first axis outward like a typical door motion), the charge port door cover extends outward from the vehicle farther than the side mirror (in this position, the charge port door cover would extend outward beyond the side mirror shown in Fig. 1 of Fritz), wherein, in the second position (Figs. 2 and 5), the charge port door cover extends outward from the vehicle a distance corresponding to or less than the side mirror (In combination, the charge port door cover would extend a distance less than the side mirror, similar to Fig. 4c of Fritz), wherein the first attachment structure (4) comprises an outer body that defines a cylindrical space (Figs. 1-2) therein and a lateral wall having an opening formed therein (Figs. 1-2), wherein the second attachment structure (2) comprises an inner cylindrical body (Figs. 1-2) that passes through the opening (Figs. 1-2) and extends at least partially into the cylindrical space (Figs. 1-2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle of Frtz to include the hinge structure and connection to the door support structure with cylindrical components as taught by Clausen-Schaumann, with a reasonable expectation of success, in order to provide several different pivoting/rotary movements for the door assembly for various situations that would require different angles using simple means, such as if there is an accident (Clausen-Schaumann: paragraphs [0004]-[0007] and [0016] of the machine translation).
Su, like Fritz, teaches a hinge assembly for a cover, and further teaches wherein the first attachment structure (20) comprises a first protrusion (212), wherein the second attachment structure (10) comprises a first recess (131) and a second recess (131, paragraph [0012], at least two), and a stopper protrusion (133) adjacent to the first recess (131), wherein the first protrusion slots into the first recess in the first position and the first protrusion slots into the second recess in the second position (paragraph [0014] teaches the first protrusion slots into the first recess in the first position and the second recess in the second position, “180 degrees from each other”), wherein the stopper protrusion (133) is configured to prevent the first protrusion of the first attachment structure from moving in a direction towards the stopper protrusion from the first position (combined with the incline of the first recess, the stopper protrusion prevents movement towards the first position), wherein the secondary hinge assembly ((20)/(10)) an elastic structure (30) that biases the first attachment structure (20) towards the second attachment structure (10) when the first attachment structure (20) is lifted away from the second attachment structure (10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle of Fritz as modified by Clausen-Schaumann to include multiple recesses on the second attachment structure as taught by Su, with a reasonable expectation of success, for providing the door to be positioned and secured in any predetermined angle (Su: paragraph [0015]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the vehicle of Fritz as modified by Clausen-Schaumann and Su to include a second protrusion and a third and fourth recess, with a reasonable expectation of success, in order to provide the door to be positioned and secured in multiple predetermined angle (Su: paragraph [0015]). Further, it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F. 2d 669, 124 USPQ 378 (CCPA 1960). Adding additional projections and recesses does as expected, producing an ability to hold a position for the assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Morris (US 9863454), Cerruti et al. (US 8261581), Song et al. (US 2020/0031235), Kiefer (US 2012/0049566), Hoffman (US 2008/0083089), Beck (US 2005/0029831), GM GLOBAL TECH OPERATIONS INC (DE 202013010333), and Lee (KR 20230134197) teach a vehicle door assembly. Hudson (US 2178908) and Wartian (US 6634057) teach hinge door assemblies.
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/CARLY W. LYNCH/Examiner, Art Unit 3643