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 .
Response to Amendment
Amendment to claims of 08/04/2026 is acknowledged.
Response to Arguments
Applicant's arguments filed 08/04/2026 have been fully considered but they are not persuasive.
(a) For independent claim 1, applicant argues on page 8, that Ito does not show the limitations (a) “driving a flap driving mechanism to move by a predetermined stroke, the predetermined stroke enabling a locking end of the flap to reach a locking-end closed position” and (b) “driving the flap driving mechanism to move reversely.” Ito discloses (a) flap driving mechanism includes structures shown in Figure 5, including motor 70 and worm wheel 43. The flap 94 moves from an open position, Figure 1, to a closed position, Figure 2. The movement of 94 from Figure 1 to Figure defines a predetermined stroke. The locking member 50 moves forward into the locking end 95B of the flap 94 to reach a closed position, Figure 2. Motor 40 and other components drove locking member 50 forward or backward. Each movement defines a stroke, Figures 5, 16A, 17A. Flap driving mechanism includes elastic member, 95A, 95C. Para. [0029]. Ito discloses (b) the worm wheel 43, a part of flap driving mechanism, rotates clockwise and counterclockwise (Para. [0091, 0097].) Ito discloses the claimed limitation. Applicant's argument is not persuasive.
(b) For claim 13, applicant argues, on page 9, that Ito does not disclose a controller. Zalan teaches a controller that performs a preset response based on sensor signal (Para. [0011].) Ito modified with the teachings of Zalan teaches the claimed limitations. Applicant's argument is not persuasive.
(c) New claim 20 is rejected as shown below.
Claim(s) that depend(s) from the rejected claim(s) is/are rejected.
Claim Rejections - 35 USC § 102
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 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) 1-4, 6-8, and 11-12 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by D1 (Ito et al., US Pub. 2015-0115618).
For claim 1, D1 discloses, in Figures 1-13, a method for closing and locking a flap, the method comprising:
driving a flap driving mechanism to move by a predetermined stroke, the predetermined stroke enabling a locking end of the flap to reach a locking-end closed position (Flap driving mechanism includes structures shown in Figure 5, including motor 70 and worm wheel 43. The flap 94 moves from an open position, Figure 1, to a closed position, Figure 2. The movement of 94 from Figure 1 to Figure defines a predetermined stroke. The locking member 50 moves forward into the locking end 95B of the flap 94 to reach a closed position, Figure 2. Motor 40 and other components drove locking member 50 forward or backward. Each movement defines a stroke, Figures 5, 16A, 17A. Flap driving mechanism includes elastic member, 95A, 95C. Para. [0029].);
detecting that the locking end of the flap does not reach the locking-end closed position (Switch 65 detects the detects the open and closed state of lid 94. Para. [0076-0078]); and
driving the flap driving mechanism to move reversely, so as to drive the flap to move back toward an open position (The worm wheel 43, a part of flap driving mechanism, rotates clockwise and counterclockwise (Para. [0091, 0097]). Depending on the rotation of motor or worm wheel, the locking member 50 moves toward or backward with respect to the locking end 95B to release or engage the flap 94. Figures 2-4, 7, and 16-17.)
For claim 2, D1 discloses the method for closing and locking a flap according to claim 1, wherein driving the flap (94) to move back to the open position in the step (Para. [0076], Figure 17A)
For claim 3, D1 discloses the method for closing and locking a flap according to claim 1, wherein performing the step after the flap driving mechanism finishes the predetermined stroke (When the flap 94 in the open or closed position after the predetermine stroke, the detector 65 monitors the state of the flap. Para. [0076].)
For claim 4, D1 discloses the method for closing and locking a flap according to claim 1, wherein performing the step in response to detecting that the locking end does not reach the locking-end closed position (Detecting switch 65 and detector 67 together maintain the system in the desired position. Para. [0076-0078].)
For claim 6, D1 discloses the method for closing and locking a flap according to claim 1, wherein detecting by means of a position switch (65, 67) that the locking end (95B) of the flap (94) does not reach the locking-end closed position in the step (Figures 16A, 17A.)
For claim 7, D1 discloses the method for closing and locking a flap according to claim 1, character by comprising: performing step in the step, the step turning the operation to the step in response to detecting that the locking end (95B) does not reach the locking-end closed position (Para. [0076-0078], [Figures 16A, 17A.)
For claim 8, D1 discloses the method for closing and locking a flap according to claim 7, further comprising: driving a locking device (50) to lock the flap (94, Figure 18A) in a closed position; wherein the step
comprises performing step, which turns the operation to the step in response to detecting that the locking end (95B) reaches the locking-end closed position (Para. [0076-0078].)
For claim 11, D1 discloses the method for closing and locking a flap according to claim 8, wherein in the step (S1), a driving source is a single power source (40, Para. [0083]), the single power source (40) being driven to rotate by a first stroke in a first direction, so as to drive the flap driving mechanism to move by the predetermined stroke (Motor 40 drives the lock member 50 toward 95B of flap 94 to lock the flap 94. Para. [0084]. Figures 5, and 18A); in the step (S3), the single power source (40) is driven to rotate in a second direction opposite the first direction to drive the flap driving mechanism to move reversely, so as to drive the flap (94) to move back toward the open position (Motor 40 drives the lock member 50 away from 95B of flap 94 to unlock the flap 94. Para. [0084]. Figures 5, and 17A); and in the step (S4), the single power source (40) is driven to continue rotating in the first direction by a second stroke, so as to drive the locking device (50) to lock the flap (94) in the closed position (Figures 17A, 18A.)
For claim 12, D1 discloses the method for closing and locking a flap according to claim 1, wherein the flap (94) is used for a vehicle refueling or charging port (Para. [0094].)
Claim(s) 20 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by D4 (Patel et al., US Pub. 2014-0000167).
For claim 20, D4 discloses, in Figures 1-12, a flap system comprising:
a flap (5), the flap comprising a locking end (43) having a locking-end open position (Figure 2) and a locking-end closed position (Figure 2), and the flap (5) being configured to be able to move from a flap open position to a flap closed position (Figure 2);
a flap driving mechanism (includes 40, 48, 50, 56, 62; Figure 2), the flap driving mechanism being connected to the flap and a driving shaft (64, Figure 4), and the flap driving mechanism being configured to be movable by a predetermined stroke, so as to drive the flap (5) to move from the flap open position to the flap closed position (The range of motion of 5 is the predetermined stroke. Figure 2);
a position detector (91), the position detector being configured to detect a position of the locking end (Para. [0044]); and
a controller (31, 60), the controller being configured to control movement of the flap from the flap open position to the flap closed position (Para. [0044]), wherein the controller controls the locking end to move toward the locking-end open position when the position detector detects that the locking end does not reach the locking-end closed position (Para. [0044].)
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.
Claim(s) 5 and 13-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Ito et al., US Pub. 2015-0115618) in view of D2 (Zalan et al., US Pub. 2013-0076059).
For claim 5, D1 discloses the method for closing and locking a flap according to claim 1, does not disclose wherein detecting by means of a Hall sensor that the locking end of the flap does not reach the locking-end closed position in the step.
D2 teaches a charge port door with Hall sensor for efficient operation of the charge port door (Para. [0011, 0026, 0028].) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a Hall sensor such that the Hall sensor detects the locking end of the flap does not reach the locking-end closed position, as taught by D2 with a reasonable expectation of success of efficient operation of the system.
For claim 13, D1 discloses, in Figures 1-19, a flap system comprising:
a flap (94), the flap (94) comprising a locking end (95B) having a locking-end open position (Figure 16A) and a locking-end closed position (Figure 18A), and the flap (94) being configured to be able to move from a flap open position to a flap closed position (Figures 1-2);
a position detector (65, 67; Para. [0076-0078]), the position detector being configured to detect a position of the locking end; and
a controller, the controller being configured to control movement of the flap (94) from the flap open position to the flap closed position (Figures 1-2), wherein the controller controls the locking end to move toward the locking-end open position (Figure 1) when the position detector (65, 67) detects that the locking end (95B) does not reach the locking-end closed position (Figure 2.)
D2 teaches a charge port with controller that performs operations as per instructions (abstract, para. [0011]) for effective control of the system. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a controller such that the controller being configured to control movement of the flap (94) from the flap open position to the flap closed position (Figures 1-2), wherein the controller controls the locking end to move toward the locking-end open position (Figure 1) when the position detector (65, 67) detects that the locking end (95B) does not reach the locking-end closed position (Figure 2), as taught by D2 with a reasonable expectation of success of effective control of the door.
For claim 14, the combination teaches the flap system according to claim 13, wherein the position detector is a Hall sensor (D2 teaches a Hall sensor [Para. 0011]. D1 modified with D2 teaches the claimed limitations.)
For claim 15, D1 discloses the flap system according to claim 13, wherein the position detector (65, 67) is a position switch (Opened and closed state of flap 94 is monitored by Switch. Para. [0076].)
For claim 16, D1 discloses the flap system according to claim 13, further comprising: a flap driving mechanism (Includes Elastic member, [para. 0029], 95A, 95C), the flap driving mechanism being connected to the flap (94), and the flap driving mechanism being configured to be movable by a predetermined stroke (Movement of 50 forward or backward defines a stroke), so as to drive the flap (94) to move from the flap open position to the flap closed position (Figures 1-2); a locking device (50), the locking device (50) being movable between a locked position in which the locking device (50) locks the flap (94) at the locking end (95B) and a released position in which the locking device (50) releases the flap (94, Figure 17A); and a locking driving mechanism (Motor 40 and other components define flap driving mechanism that moves locking member 50 forward and backward, Figures 5, 16A, 17A), the locking driving mechanism being configured to drive the locking device (50) to move between the locked position and the released position (Figures 1-2), wherein after the flap driving mechanism moves by the predetermined stroke, if a detection result of the position detector (65, 67) indicates that the locking end (95B) does not reach the locking-end closed position, the controller controls to drive the flap driving mechanism to move reversely, so as to drive the flap (94) to move toward the open position; or wherein after the flap driving mechanism moves by the predetermined stroke, if a detection result of the position detector (65, 67) indicates that the locking end (95B) reaches the locking-end closed position, the controller controls to drive the locking driving mechanism to move the locking device (50) to the locked position, so as to lock the flap (94) in the closed position (D2 teaches a charge port with controller that performs operations as per instructions (abstract) for effective control of the system. D1 modified with features of D2 teaches the claimed limitation.
For claim 17, D1 discloses the flap system according to claim 16, further comprising: a single power source (40, para.[0081]) for driving the flap driving mechanism and the locking driving mechanism (50); wherein the controller is configured to control the single power source (40) to rotate by a first stroke in a first direction to drive the flap driving mechanism to move by the predetermined stroke, so as to close the flap (94); wherein the controller is configured to control the single power source (40) to rotate in a second direction opposite the first direction to drive the flap driving mechanism to move reversely, so as to open the flap (94); and wherein the controller is configured to control the single power source (40) to continue rotating in the first direction by a second stroke to drive the locking driving mechanism (50 and associated components), such that the locking device (50) locks the flap (94) in the closed position (D2 teaches a charge port with controller that performs operations as per instructions (abstract) for effective control of the system. D1 modified with features of D2 teaches the claimed limitations.)
For claim 18, D1 discloses the flap system according to claim 17, wherein the flap system (94, 50) is used for a vehicle refueling or charging port (Para. [0094].)
For claim 19, D1 discloses a vehicle comprising a flap system (94, 50) according to claim 13 (Para. [0094].)
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Ito et al., US Pub. 2015-0115618) in view of D2 (Zalan et al., US Pub. 2013-0076059) and further in view of D3 (Ando, US Pub. 2022-0009365).
For claim 9, D1 discloses the method for closing and locking a flap according to claim 1, but does not disclose further comprising: receiving an instruction to close the flap (94), prior to the step.
D3 teaches a charge port door operation system with user input device (Para. [0016, 0039, 0061]), and instruction to close or open (Para. [0047, 0061, 0064, 0083]) for effective control of the door. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a method of having an input and instructions to close such that the close instruction is received prior to step S1, as taught by D3 with a reasonable expectation of success of of having an effective control of the door.
For claim 10, the combination teaches the method for closing and locking a flap according to claim 9, further comprising: returning to the step following removing an abnormal circumstance, after the step (D1 combined with the features of D3 teaches the claimed limitations.)
Conclusion
Prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provides example of invention. A few of the prior art cited but not applied include Lee (US Pub. 2012-0313382); Cumbo (US Pub. 2021-0301561); and Dong (US Pub. 2021-0222468).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN CUMAR whose telephone number is (571)270-3112. The examiner can normally be reached Monday thru Friday, 8:00 am to 5:00 pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KRISTINA FULTON can be reached at 571-272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN CUMAR/Primary Examiner, Art Unit 3675
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