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 .
Drawings
The drawings are objected to because Fig. 7 does not contain numeral 76, while the specification states that “Fig. 7 shows the drive unit 76 in an exploded view.” 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The disclosure is objected to because of the following informalities:
Note: The following citations reference the Clean Copy of the Specification filed November 29, 2023.
Paragraph 0036, lines 5-6, the phrase “for connection to the vehicle electrical system or the vehicle electrical system” appears to be incorrect.
Paragraph 0043, lines 1-2 refer to the drive unit using both numerals 76 and 78.
Appropriate correction is required.
Claim Objections
Claim 6 is objected to because of the following informalities: The phrase “further comprising guide elements” conflicts with claim 1, which already introduces “at least one guide element.” Appropriate correction is required.
Claim 12 is objected to because of the following informalities: In line 1, “10)” should be changed to --(10)--. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: In line 2, “flap (10)” should be changed to --flap (6)-- . Appropriate correction is required.
Claim 13 is objected to because of the following informalities: The first word of the claim should be changed from “A” to --An--. 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.
Claim 11 is 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 11, the phrase “wherein the coupling element is arranged in a closing direction so that the coupling element blocks a movement perpendicular to the flap” is confusing and unclear.
Firstly, it is believed that this phrase is only related to the Fig. 9 position, and thus it is not true at all times. Instead, it is only true at one specific moment. Thus the phrase should be modified with a qualifier such as “in an initial position” or “in a locked position” or similar. Secondly, it appears that the coupling element alone does not perform this function. Fig. 8 shows the coupling element (unlabeled) in the position “beyond the dead center” (see paragraph 0047 of the specification). Paragraph 0047 states that “the external force application acts against a stop and is thus locked.” It is likely that this “stop” is the engagement of the guide elements 114 with the grooves in the housing. Thus, the coupling element works in concert with other elements and does not itself block a movement perpendicular to the flap.
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.
Claim(s) 1-9 and 11-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Winker et al. (US 2023/0151668, hereinafter Winker).
With regard to claim 1, Winker discloses an opening and closing device comprising.
a flap unit (12a), an actuator (16a) for moving the flap unit,
a housing (“the guide unit 18a includes two guide rails 20a, 22a extending in parallel to one another…The guide rails 20a, 22a extend within the body of the automotive vehicle, in particular, at least essentially parallel to a contour of the vehicle body.” See paragraph 0038. Thus, the “housing” is considered to be the rails 20a, 22a and the vehicle body itself),
wherein the flap unit has at least one guide element (72a, 74a) which engages in a guide slot (70a, 84a) formed in the housing (slots 70a and 84a are formed in the rails 20a, 22a which are part of the housing), and
wherein the flap unit is coupled by at least one coupling element (“pivotable connecting elements 64a, 66a, 68a”) to a traverse (“carriages 24a, 26a”) and the actuator is confiqured to displace the traverse (“electrical actuator for traversing the flap element between a closed position and an open position,” see Abstract).
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With regard to claim 2, Winker teaches that the at least one coupling element (64a, 66a, 68a) is designed as a rocker arm, which is rotatably attached to the traverse and rotatably attached to the flap unit (see Figs. 5-7 and 10).
With regard to claim 3, the traverse (24a, 26a) comprises at least one gear rack (“each of the carriages 24a, 26a has a rack 30a, 32a,” paragraph 0039).
With regard to claim 4, Winker teaches that the gear rack is displaceable transversely by a synchronous gear unit (28a, 34a, etc.).
With regard to claim 5, Winker teaches that two racks (30a, 32a) are provided with each respective rack arranged on an opposite side of the flap unit (see Figs.).
With regard to claim 6, Winker teaches that the guide elements (72a, 74a) are arranged at two opposite sides of the flap unit (see Fig. 6).
With regard to claim 7, Winker teaches that the housing (i.e. rails 20a, 22a) comprises a mount for the actuator (16a, see Fig. 1 which shows the actuator 16a supported by the rails, which are part of the housing as discussed above).
With regard to claim 8, Winker discloses an emergency release device (88b, Fig. 10).
With regard to claim 9, Winker teaches that the emergency release device comprises a pulling device (88b) connected to the traverse (Fig. 10 shows the pulling device 88b connected to the carriage element 24b, or “traverse”).
With regard to claim 11, as best understood, Winker teaches that the coupling element is arranged in a closing direction so that the coupling element blocks a movement perpendicular to the flap (paragraph 0042, “in the closed position of the flap element 12a, the connecting elements 64a, 66a assume a toggle-joint position, thus achieving self-locking of the flap element 12a in the closed position”).
With regard to claim 12, Winker teaches that the flap (12a) is configured as a charging flap for an electric charging port (see Abstract, “closure device for a charging or tank flap of an automotive vehicle”).
With regard to claim 13, Winker teaches an opening and closing device for covering a charging port or a fuel filler neck of a motor vehicle (see Abstract, “closure device for a charging or tank flap of an automotive vehicle”), comprising:
a housing (“the guide unit 18a includes two guide rails 20a, 22a extending in parallel to one another…The guide rails 20a, 22a extend within the body of the automotive vehicle, in particular, at least essentially parallel to a contour of the vehicle body.” See paragraph 0038. Thus, the “housing” is considered to be the rails 20a, 22a and the vehicle body itself) in which at least one guide slot (70a, 84a) is formed;
a flap unit (12a) having at least one guide element (72a, 74a) adapted to movably engage in the at least one guide slot; and
an actuator (16a) housed in the housing; and
a traverse (24a, 26a) coupled directly or indirectly to the flap unit (see Fig. 1), wherein the traverse is displaced by the actuator to in turn move the flap unit along the at least one guide slot (“electrical actuator for traversing the flap element between a closed position and an open position,” see Abstract).
With regard to claim 14, Winker teaches that the flap unit is configured as a charging flap for an electric charging port (see Abstract, “a closure device for a charging or tank flap of an automotive vehicle”).
With regard to claim 15, Winker teaches that the flap unit is coupled to the traverse with a rocker arm (“pivotable connecting elements 64a, 66a, 68a”) that is rotatably attached to the traverse and rotatably attached to the flap unit (see Figs. 5-7 and 10, for example).
With regard to claim 16, Winker discloses that the traverse comprises at least one gear rack (30a, 32a).
With regard to claim 17, Winker discloses a pulling device (88b) connected to the traverse configured as an emergency release for the flap unit (paragraph 0052, “to traverse the flap element 12b from a closed position into an open position even in a deenergized state of the actuator 16b, an emergency unlocking device 86b is provided”).
With regard to claim 18, Winker teaches a pulling device (88b) connected to the traverse configured as an emergency release for the flap unit (paragraph 0052, “to traverse the flap element 12b from a closed position into an open position even in a deenergized state of the actuator 16b, an emergency unlocking device 86b is provided”).
Claim(s) 1-7, 10, 11, 13, 15, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Grandel et al. (US 2009/0090476, hereinafter Grandel).
With regard to claim 1, Grandel teaches an opening and closing device, comprising:
a flap unit (elements 4 and 5),
an actuator (“reversible electric motor,” paragraph 0035) for moving the flap unit (4, 5),
a housing (i.e. “recess 1 in a dashboard 2,” paragraph 0031),
wherein the flap unit has at least one guide element (“guide cams (not illustrated) in guide grooves 16 in the wall of the recess 1,” paragraph 0039) which engages in a guide slot (16) formed in the housing (1), and
wherein the flap unit (5) is coupled by at least one coupling element (e.g. 19) to a traverse (15, 14) and the actuator is confiqured to displace the traverse (via sprockets 10, 13, and racks 14, see Fig. 9).
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With regard to claim 2, Grandel teaches that the at least one coupling element is designed as a rocker arm (19), which is rotatably attached to the traverse and rotatably attached to the flap unit (paragraph 0042 discusses pivotable mounting of element 19).
With regard to claim 3, Grandel teaches that the traverse (15, 14) comprises at least one gear rack (14).
With regard to claim 4, Grandel teaches that the gear rack (14) is displaceable transversely by a synchronous gear unit (10, 13).
With regard to claim 5, Grandel teaches that two racks (14) are provided with each respective rack arranged on an opposite side of the flap unit (see Fig. 9).
With regard to claim 6, Grandel teaches that the guide elements are arranged at two opposite sides of the flap unit (the guide grooves 16 are on the inside surfaces of the recess 1, and therefore the guide cams—or “guide elements”—are on two opposite sides of the flap unit).
With regard to claim 7, Grandel teaches that the housing (1) comprises a mount for the actuator (the mount for the electric motor is not explicitly discussed, but a mount for the motor is inherently necessary to counteract the angular momentum generated by the motor).
With regard to claim 10, Grandel teaches that the flap unit comprises a flap (5) and a flap carrier (4—note that the term “flap carrier” is being treated as mere nomenclature, given that the claim does further define structurally or functionally what the flap carrier is).
With regard to claim 11, Grandel teaches that the coupling element (19) is arranged in a closing direction so that the coupling element blocks a movement perpendicular to the flap (in the Fig. 1 position, an external force perpendicular to the flap 5 will align with the axis of the coupling element 19 (unlabeled), and thus will act directly on the gear rack 14 and block movement of the flap 5).
With regard to claim 13, Grandel discloses an opening and closing device for covering a charging port or a fuel filler neck of a motor vehicle (note that the phrase “for covering a charging port” is related to the intended use of the device, and is given little patentable weight), comprising:
a housing (1) in which at least one guide slot (16) is formed;
a flap unit (5, 4) having at least one guide element (i.e. “guide cams” discussed in paragraph 0039) adapted to movably engage in the at least one guide slot (“guide cams (not illustrated) in guide grooves 16 in the wall of the recess 1,” paragraph 0039); and
an actuator (electric motor, not shown) housed in the housing; and
a traverse (15) coupled directly or indirectly to the flap unit (Fig. 9), wherein the traverse is displaced by the actuator to in turn move the flap unit along the at least one guide slot (see Figs. 1, 2, and 9).
With regard to claim 15, the flap unit (5, 4) is coupled to the traverse with a rocker arm (19) that is rotatably attached to the traverse (via unlabeled pivot points) and rotatably attached to the flap unit (see Figs.).
With regard to claim 16, the traverse (15, 14) comprises at least one gear rack (14).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited references provide further examples of sliding covers in automotive applications.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT E FULLER whose telephone number is (571)272-6300. The examiner can normally be reached M-F 8:30AM - 5:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara Schimpf can be reached at 571-270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT E FULLER/ Primary Examiner, Art Unit 3676