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 I, Figures 1-11, Claims 1-28 in the reply filed on 12 May 2026 is acknowledged.
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, 6-10 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chang (WO 2021/261755).
Regarding Claim 1, Chang discloses a vehicular charge port closure system, the vehicular charge port closure system comprised of a cover panel disposed at a charge port of a vehicle equipped with the vehicular charge port closure system (not shown; see Abstract), wherein the cover panel is movable between (i) a closed position where the cover panel conceals the charge port of the vehicle and (ii) an opened position where the cover panel is positioned to allow access to a charging connector of the charge port (translation; paragraph 001); an actuator 600 (Fig. 2) that is electrically operable to move the cover panel between the closed position and the opened position; wherein the actuator comprises an electrically operable motor that, when the actuator is electrically operated to move the cover panel between the closed position and the opened position, rotates an output gear 300 of the actuator about an axis of rotation; wherein an output element 200 of the actuator is connected to the cover panel (discussed not shown; translation, paragraph 0028), and wherein the output element, as the cover panel moves between the closed position and the opened position, rotates about an axis of rotation; wherein, when the electrically operable motor 600 of the actuator is electrically operated to rotate the output gear 300 to move the cover panel between the closed position and the opened position, the output element rotates in tandem with rotation of the output gear (translation; paragraph 0029); and wherein, when the cover panel is manually moved between the closed position and the opened position, the output element rotates about the axis of rotation relative to the output gear (via use of the clutch gear 300, spring 500 and clutch plate 220.
Regarding Claim 6, a frictional interface 200, 220, 500, 400, 300 (Fig.2) is disposed between the output gear and the output element, and wherein, when the cover panel is manually moved between the closed position and the opened position, the frictional interface slips and the output element rotates about the axis of rotation relative to the output gear.
Regarding Claim 7, the frictional interface is disposed between an inner cylindrical surface of the output gear 300 and an outer cylindrical surface of the output element 200 (Fig. 4).
Regarding Claim 8, the frictional interface is at least partially compressed between the inner cylindrical surface of the output gear and the outer cylindrical surface of the output element (via the spring 500).
Regarding Claim 9, the actuator comprises a position sensor 900 that is operable to detect a rotational position of the output element about the axis of rotation (Fig. 7).
Regarding Claim 10, a control unit 800 of the vehicle determines a position of the cover panel between the closed position and the opened position based on the detected position of the output element about the axis of rotation (Fig. 7 and translation, paragraph 0045).
Regarding Claim 12, the sensor 900 is a potentiometer (translation; paragraph 0045).
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.
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) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang as applied to claim 9 above, and further in view of Martin (CN 113586786).
Regarding Claim 11, Chang discloses that any sensor capable of detecting the angle of the rotational shaft is usable for the invention, but is unclear on the use of a Hall effect sensor (translation; paragraph 0045). Martin discloses an actuator that uses rotational position to change movement, wherein the use of a magnetic Hall effect sensor is the preferred method (translation; paragraph n0056). Before the effective filing date of the present application, it would have been obvious to one having ordinary skill in the art to use the Hall effect sensor of Martin for the sensor of Chang in order to not only detect rotation of the shaft, but to also detect faults in the motor. The motivation is provided by Martin (translation; paragraph n0056).
Allowable Subject Matter
Claims 2-5 and 13-28 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 Claims 2-5, applicant’s use of a detent style clutch system in place of a slipper style clutch, is novel.
Regarding Claims 13-26, applicant’s use of a locking element located between the charge port lid, wherein the lock is operated via the output gear of the actuator, is novel.
Regarding Claim 27, applicant’s use of an electrically operable motor that provides a constant torque output, and wherein the actuator comprises a variable torque profile so that, as the electrically operable motor is electrically operated to rotate the output gear, the output element provides a non-constant torque output at the cover panel, is novel.
Regarding Claim 28, applicant’s use of an output shaft that moves axially along the axis of rotation to move the cover panel, is novel.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art relates to electric charging port flaps and the actuation of such.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON S DANIELS whose telephone number is (571)270-1167. The examiner can normally be reached Monday - Thursday 7:00 am - 5:00 pm.
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/JASON S DANIELS/Primary Examiner, Art Unit 3612
