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 . This office action is in response to an Amendment filed on 5/26/2026. Claims 1, and 3-4 are pending.
Response to Amendments
Amendments filed on 5/26/2026 are under consideration. Claims 1 and 3 are amended. Claim Interpretation under 35 U.S.C. 112(f) is removed upon correction.
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.
Claims 1, and 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Ueki (US 11,746,569 B2) in view of Kenichiro (JP 2021-67035 A).
Regarding Claim 1 Ueki teaches A lid opening and closing device comprising: a base arranged inside an opening portion of a panel and to which a receiving portion is attached so as to be located in the opening portion; (Pg. 3 – Fig. 2 & See Also Pg. 7 – Col. 3 – lines 24-34 – “The charging lid 16 has a hook 44 on the side opposite to the hinge 42. The body has a latch 46, which corresponds to 25 the hook 44, and an opening and closing switch 48. When the opening and closing switch 48 is pressed by the charging lid 16 when the charging lid 16 is in the opened position, the hook 44 is engaged in the latch 46, so that the opening 40 is closed by the charging lid 16. When the hook 44 side of 30 the charging lid 16 (above the opening and closing switch 48) is pressed from the outside when the charging lid 16 is in the closed position, the hook 44 is disengaged from the latch 46, so that the opening 40 is opened by the charging lid 16.” (equates to a base arranged inside an opening portion of a panel and to which a receiving portion is attached so as to be located in the opening portion; as the quote shows a hook acting as the receiving portion being connected to the lid or opening portion of the panel, and the latch being within the base to connect to the lid.) ) a lid attached to the base so as to allow movement between a closed position where the opening portion is closed and an open position where the opening portion is opened; (Pg. 3 – Fig. 2 & See Also Pg. 7 – Col. 3 – lines 24-34 – “The charging lid 16 has a hook 44 on the side opposite to the hinge 42. The body has a latch 46, which corresponds to 25 the hook 44, and an opening and closing switch 48. When the opening and closing switch 48 is pressed by the charging lid 16 when the charging lid 16 is in the opened position, the hook 44 is engaged in the latch 46, so that the opening 40 is closed by the charging lid 16. When the hook 44 side of 30 the charging lid 16 (above the opening and closing switch 48) is pressed from the outside when the charging lid 16 is in the closed position, the hook 44 is disengaged from the latch 46, so that the opening 40 is opened by the charging lid 16.” (equates to a lid attached to the base so as to allow movement between a closed position where the opening portion is closed and an open position where the opening portion is opened; as the quote shows an opened and closed position between which the lid can connect to the base.)) a water detection unit that outputs a second signal when detecting water outside the vehicle; (Pg. 7 – Col 4 – lines 33-37 – “The external environment recognition device 72 recognizes water droplets on a glass surface during washing of the 35 vehicle 1 on the basis of a plurality of brightness images captured at different times, which are generated by the image capturing device 70” & See Also Pg. 8 – Col. 5 – Lines 32-36 “Upon recognition of the water droplets 84 in the way described above, the external environment recognition device 72 transmits to the controller 24 a water droplet detection signal indicating detection of the water droplets 84.”) a second switch configured to receive a second opening operation and outputs a third signal in response to the second opening operation, (Pg. 5 – Fig. 4 & See Also Pg. 9 – Col. 7 -Lines 65-67& Col. 8 lines 1-8 – “If the access key 90 is present near the vehicle 1 (YES in 65 S150), the controller 24 determines whether a door unlock signal has been received from the access key 90 (S160). If a door unlock signal has been received (YES in Sl 60), the controller 24 transmits a lid unlock signal to the lock mechanism 50 (Sl 70), and terminates the water droplet detection mode (S190). Then, the series of processing operations ends. Accordingly, the lock of the charging lid 16 is released, and the opening 40 can be opened when a force is applied from outside.” (equates to second switch configured to receive a second opening operation and outputs a third signal in response to the second opening actuation, as the quote shows second opening operation being received via the key and the third signal output from the door unlock signal being yes based on the received second opening operation..) the second signal, and third signal (Pg. 9 – Col. 7 – lines 51-53 – “If the water droplet detection signal has been received 16 may not be locked. (YES in S120), the controller 24 transmits a lid lock signal to the lock mechanism 50 (S140)” & See Also (Pg. 5 – Fig. 4 & See Also Pg. 9 – Col. 7 -Lines 65-67& Col. 8 lines 1-8 – “If the access key 90 is present near the vehicle 1 (YES in 65 S150), the controller 24 determines whether a door unlock signal has been received from the access key 90 (S160). If a door unlock signal has been received (YES in Sl 60), the controller 24 transmits a lid unlock signal to the lock mechanism 50 (Sl 70), and terminates the water droplet detection mode (S190). Then, the series of processing operations ends. Accordingly, the lock of the charging lid 16 is released, and the opening 40 can be opened when a force is applied from outside.” (equates to and a control unit that controls the drive mechanism based on input states and the second signal, and third signal as the lid and base assembly is shown to be locked when the water detection signal is given within the system and thus the drive mechanism is unable to move during this signal state, and the quote shows the ability to open the lid and thus perform an opening operation in which the water is detected but based on the door unlock or third signal the lid can be unlocked regardless of the water detection state ) ) while the second signal is in a non-input state (Pg.9 – Col. 7 – lines 33-36 - “If the water droplet detection signal has not been received (NO in S120), the controller 24 determines whether the current position of the vehicle 1 matches the washable position (S130).” (equates to while the second signal is in a non-input state as the quote shows the water droplet detection signal or the second signal not being inputted to be received.) ) does not execute the opening operation of the lid by the drive mechanism while the second signal is in an input state (Pg. 9 – col. 7 – lines __ - “If the water droplet detection signal has been received 16 may not be locked. (YES in S120), the controller 24 transmits a lid lock signal to the lock mechanism 50 (S140). Accordingly, the charging lid 16 is not opened even if a force is applied from outside.” (equates to does not execute the opening operation of the lid by the drive mechanism while the second signal is in an input state as the quote shows the lid being locked regardless of the wanting to open the lid as the water detection signal acts as the second signal) ) when the third signal is input regardless of an input state of the second signal. (Pg. 5 – Fig. 4 & See Also Pg. 9 – Col. 7 -Lines 65-67& Col. 8 lines 1-8 – “If the access key 90 is present near the vehicle 1 (YES in 65 S150), the controller 24 determines whether a door unlock signal has been received from the access key 90 (S160). If a door unlock signal has been received (YES in Sl 60), the controller 24 transmits a lid unlock signal to the lock mechanism 50 (Sl 70), and terminates the water droplet detection mode (S190). Then, the series of processing operations ends. Accordingly, the lock of the charging lid 16 is released, and the opening 40 can be opened when a force is applied from outside.” )
Ueki fails to teach a drive mechanism including a motor and configured to execute an opening actuation of moving the lid at the closed position to the open position; a first switch configured to receive a first opening operation for causing the lid to perform the opening actuation and to output a first signal in response to the first opening operation ; for causing the lid to perform the opening operation; and a control unit that controls the drive mechanism based on input states of the first signal ; wherein the control unit drives the motor to cause the drive mechanism to execute the opening actuation of the lid when the first signal is input, wherein the control unit does not drive the motor, even when the first signal is input., and wherein the control unit drives the motor to cause the drive mechanism to execute the opening actuation of the lid.
Kenichiro teaches a drive mechanism including a motor and configured to execute an opening actuation of moving the lid at the closed position to the open position; (Pg. 1 – abstract – “To realize an opening / closing operation of a lid body by a lid driving member and a locking / unlocking operation of a lid body by a lock driving member with a minimum number of actuators.” & See Also Pg.2 - “it is necessary to prepare a plurality of actuators and control circuits” (equates to a drive mechanism including a motor and configured to execute an opening actuation of moving the lid at the closed position to the open position; as the first quote shows the actuation means of opening and closing the lid of the vehicle and the second quote showing the actuation means controlled via a control circuit and thus creating a driving mechanism )) a first switch configured to receive a first opening operation for causing the lid to perform the opening actuation and to output a first signal in response to the first opening actuation ; (Pg. 6 – “a driving force for opening the lid 20 when the vehicle occupant opens the lid 20 (for example, a switch opening operation), and the vehicle occupant of the lid 20. When a closing operation (for example, a switch closing operation) is performed, a driving force for closing the lid 20 is generated,” (equates to a first switch configured to receive a first opening operation for causing the lid to perform the opening actuation and to output a first signal in response to the first opening operation ; as the quote shows the opening of the lid via a switch opening operation, wherein the previously mapped control circuit receives said signal to actuate the lid’s movement.)) for causing the lid to perform the opening operation (Pg. 2 – “By the way, as a structure in which the lid drive member opens and closes the lid and the lock drive member locks / unlocks the lid using an actuator such as a motor”) and a control unit that controls the drive mechanism based on input states of the first signal (Pg. 6 – “a driving force for opening the lid 20 when the vehicle occupant opens the lid 20 (for example, a switch opening operation), and the vehicle occupant of the lid 20. When a closing operation (for example, a switch closing operation) is performed, a driving force for closing the lid 20 is generated,” & See Also Pg.2 - “it is necessary to prepare a plurality of actuators and control circuits” (equates to and a control unit that controls the drive mechanism based on input states of the first signal as the second quote shows the use of a control circuit to operate the driving mechanism of the cited art and the fist quote showing the first signal being that of the opening or closed switch operation.) ) wherein the control unit does not drive the motor (Pg. 14 – “When a driving force for opening the lid 20 is generated by the electric actuator 50 from the above state” (equates to wherein the control unit does not drive the motor as the quote shows a driving force being input where there is inherently a scenario where the driving force is not input.)) even when the first signal is input (Pg. 6 – “a driving force for opening the lid 20 when the vehicle occupant opens the lid 20 (for example, a switch opening operation) (equates to even when the first signal is input as this shows the first signal being sent via electronic switching wherein this could’ve been used rather than physical force as shown within the first cited art.)) wherein the control unit drives the motor to cause the drive mechanism to execute the opening actuation of the lid when the first signal is input (Pg. 6 – “a driving force for opening the lid 20 when the vehicle occupant opens the lid 20 (for example, a switch opening operation), and the vehicle occupant of the lid 20.”) It would have been an advantageous addition to the system disclosed by Ueki to include a drive mechanism including a motor and configured to execute an opening actuation of moving the lid at the closed position to the open position; a first switch configured to receive a first opening operation for causing the lid to perform the opening actuation and to output a first signal in response to the first opening operation ; for causing the lid to perform the opening operation; and a control unit that controls the drive mechanism based on input states of the first signal ; wherein the control unit drives the motor to cause the drive mechanism to execute the opening actuation of the lid when the first signal is input, wherein the control unit does not drive the motor, even when the first signal is input., and wherein the control unit drives the motor to cause the drive mechanism to execute the opening actuation of the lid as this allows for an automatic means of actuation in terms of opening and closing the lid rather than only physical force exerted from the outside to open the lid.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to include a drive mechanism including a motor and configured to execute an opening actuation of moving the lid at the closed position to the open position; a first switch configured to receive a first opening operation for causing the lid to perform the opening actuation and to output a first signal in response to the first opening operation ; for causing the lid to perform the opening operation; and a control unit that controls the drive mechanism based on input states of the first signal ; wherein the control unit drives the motor to cause the drive mechanism to execute the opening actuation of the lid when the first signal is input, wherein the control unit does not drive the motor, even when the first signal is input., and wherein the control unit drives the motor to cause the drive mechanism to execute the opening actuation of the lid. as this allows for simple means of communication between the driver and the control circuit governing the opening of the lid ensuring that the plurality of signals are being managed keeping water out of the area.
Regarding Claim 3 Ueki-Kenichiro teaches (Ueki discloses the following limitations:)The lid opening and closing device according to claim 1, further comprising a lock member movable between a lock position that engages with the lid at the closed position and an unlock position that disengages from the lid, (Pg. 6 – Col. 1 – lines 29-34 - “The controller is configured to release a lock of the charging lid when an access key configured to wirelessly communicate with the vehicle and provide an instruction to lock or unlock a door of the vehicle is present near the vehicle or when an unlock condition for keeping the door unlocked is satisfied.” ) wherein the lid includes an arm having a pivot portion pivotally supported by the base, (Pg. 7 – Col. 3 – lines 19-20 – “The charging lid 16 is pivotable about a hinge 42 as a fulcrum so that the opening 40 can be opened or closed”) the arm being movable between a retracted position where the arm is retracted into the panel and the lid is arranged at the closed position and an advanced position where the arm is protruded to the outside of the panel and the lid is arranged at the open position, ((Pg. 7 – Col. 3 – lines 19-20 – “The charging lid 16 is pivotable about a hinge 42 as a fulcrum so that the opening 40 can be opened or closed” & See Also Pg. 3 – Fig. 2 ) (equates to the arm being movable between a retracted position where the arm is retracted into the panel and the lid is arranged at the closed position and an advanced position where the arm is protruded to the outside of the panel and the lid is arranged at the open position, as the quote shows the hinge allowing the opening the closed position of the lid where the figure demonstrates the arm or hinge retreating to an inside position of the vehicle when retracted to a closed state.)) and moves the lock member between the lock position and the unlock position; (Pg. 7 – col. 3 – lines 36-38 – “A lock mechanism 50 is disposed near the latch 46. The lock mechanism 50 locks and unlocks the charging lid 16 when the charging lid 16 is in the closed position”)
Yet Ueki fails to teach and wherein the drive mechanism includes: a rotating body that transmits a drive force received from the motor to the pivot portion to move the arm between the retracted position and the advanced position; a cam that rotates in conjunction with the rotating body; a transmission member that is movable by the cam, transmits a rotational force of the rotating body transmitted via the cam to the lock member, and a differential mechanism that starts rotation of the pivot portion with a delay with respect to start of rotation of the rotating body when moving the lid at the closed position to the open position.
KENICHIRO teaches and wherein the drive mechanism includes: a rotating body that transmits a drive force received from the motor to the pivot portion to move the arm between the retracted position and the advanced position; (Pg. 2 – “The second drive mechanism for moving the position and the second drive mechanism for moving the lid drive member between the closed position and the fully open position of the lid by the rotation of the rotating body are provided.” (equates to wherein the drive mechanism includes: a rotating body that transmits a drive force received from the drive source to the pivot portion to move the arm between the retracted position and the advanced position; as the quote shows the advanced position being the actuation via rotatable means to the open state and retracted via the closed state.)) a cam that rotates in conjunction with the rotating body; (Pg. 2 – “It is a figure which developed the shape of the cam part provided in the rotating body of the drive device provided with the lid opening / closing structure of 1st Embodiment.” (equates to a cam that rotates in conjunction with the rotating body; as the cam is provided within the rotating body and thus rotates with it.) ) a transmission member that is movable by the cam (Pg. 7 - “The driven portion 72 is a pin-shaped portion that fits and engages with the cam groove 62. The driven portion 72 can move relative to both ends in the circumferential direction of the cam groove 62.” (equates to a transmission member that is movable by the cam as the quote shows the driving portion or transmission member engaging with and movable by the cam. ) ) transmits a rotational force of the rotating body transmitted via the cam to the lock member, (Pg. 2 – “It is a figure which developed the shape of the cam part provided in the rotating body of the drive device provided with the lid opening / closing structure of 1st Embodiment.” & See Also Pg. 6 – “That is, as shown in FIG. 9, the cam groove 62 has a lock-side drive section portion S1 and a lock-side idling section portion S2. The lock-side drive section portion S1 and the lock-side idling section portion S2 communicate with each other. The lock-side drive section portion S1 locks the lock shaft 70 when the rotating body 60 rotates, between a lock position in which the lid 20 is locked in the closed state and an unlock position in which the closed state lock of the lid 20 is released” (equates to transmits a rotational force of the rotating body transmitted via the cam to the lock member as the first quote shows the cam provided within the rotating body wherein the cam has a lock side drive portion wherein the rotation of the rotating body then engages the lock shaft.) ) and a differential mechanism that starts rotation of the pivot portion with a delay with respect to start of rotation of the rotating body when moving the lid at the closed position to the open position. (Pg. 10 & 11 – “When a driving force for opening the lid 20 is generated by the electric actuator 50 from the above state, the rotating body 60 rotates forward via the worm gear. When the rotating body 60 rotates in the forward direction, first, the driven portion 72 of the lock shaft 70 moves relative to the cam groove 62 of the rotating body 60 while being fitted in the lock side idling section portion S0… Next, when the rotating body 60 rotates forward by an angle θ0 from the reference angle, the position where the driven portion 72 of the lock shaft 70 fits in the cam groove 62 of the rotating body 60 shifts from the lock side idling section portion S0 to the lock side drive section portion S1. Transition. When the driven portion 72 is located in the lock side drive section portion S1, the lock shaft 70 gradually retracts from the locked position to the unlocked position as the rotating body 60 rotates forward… When the rotating body 60 further rotates forward from an angle position forming an angle (θ0 + θ1) with respect to the reference angle and the driven portion 72 fits into the lock side idling section portion S2, the retreat of the lock shaft 70 is stopped. After this retreat stop, the lock shaft 70 is maintained in the unlocked position even if the rotating body 60 further rotates forward. When the driven portion 72 is fitted in the lock side idling section portion S2, that is, the lock shaft 70 is maintained in the unlocked position, and further forward rotation of the rotating body 60 occurs, the first engagement of the rotating body 60 is eventually performed. The circumferential end surface 65a of the portion 65 engages with the circumferential end surface 83a of the second engaging portion 83 of the opening / closing shaft 80. Then, when the rotating body 60 further rotates forward in the engaged state, the opening / closing shaft 80 and thus the arm 40 are rotated around the rotation center axis C in the opening direction of the lid body 20. When the arm 40 is rotated in the opening direction of the lid body 20, the lid body 20 opens” (equates to and a differential mechanism that starts rotation of the pivot portion with a delay with respect to start of rotation of the rotating body when moving the lid at the closed position to the open position as the quote shows the opening operation of the lid being delayed by the fact that the rotation is starting and the locking mechanism is the first to unlock while the rotation is happening then remains unlocked as the rest of the lid body is being rotated opened and thus the lock unlocking first creates the delay between the rotating body opening immediately.)) It would have been an advantageous addition to the system disclosed by Ueki to include and wherein the drive mechanism includes: a rotating body that transmits a drive force received from the drive source to the pivot portion to move the arm between the retracted position and the advanced position; a cam that rotates in conjunction with the rotating body; a transmission member that is movable by the cam, transmits a rotational force of the rotating body transmitted via the cam to the lock member, and a differential mechanism that starts rotation of the pivot portion with a delay with respect to start of rotation of the rotating body when moving the lid at the closed position to the open position as this allows an active actuation of opening a lid body rather than solely using physical force, and additional internal components that allows for a lock to be realized within the structure ensuring external material is kept out of the compartment, and finally the delay allows for a single command to unlock a lock and simultaneously open the lid body.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to include and wherein the drive mechanism includes: a rotating body that transmits a drive force received from the drive source to the pivot portion to move the arm between the retracted position and the advanced position; a cam that rotates in conjunction with the rotating body; a transmission member that is movable by the cam, transmits a rotational force of the rotating body transmitted via the cam to the lock member, and a differential mechanism that starts rotation of the pivot portion with a delay with respect to start of rotation of the rotating body when moving the lid at the closed position to the open position as these limitations allow for a simple means of locking the lid for refueling and charging, while having an automatic actuation of the opening of the lid compartment.
Regarding Claim 4 Ueki- KENICHIRO teaches (Ueki discloses the following limitations:) The lid opening and closing device according to claim 3, wherein rotation axes of the pivot portion and the rotating body coincide with each other, ((Pg. 7 – Col. 3 – lines 19-20 – “The charging lid 16 is pivotable about a hinge 42 as a fulcrum so that the opening 40 can be opened or closed” & See Also Pg. 3 – Fig. 2 ) (equates to wherein rotation axes of the pivot portion and the rotating body coincide with each other as the lid or rotating body is rotatable about the pivot portion or hinge of the cited art. ))
Yet Ueki fails to teach wherein the differential mechanism includes: a convex portion provided on one of the pivot portion and the rotating body; and a concave portion provided in the other one of the pivot portion and the rotating body and having the convex portion arranged therein, wherein an angular range of the convex portion around a rotation axis of the pivot portion is smaller than an angular range of the concave portion around the rotation axis, wherein a gap of a predetermined differential angular range is provided between the convex portion and the concave portion in a circumferential direction around the rotation axis, and wherein rotation of the rotating body causes opposing surfaces of the convex portion and the concave portion in the circumferential direction to abut and press, thereby rotating the pivot portion.
Kenichiro teaches wherein the differential mechanism includes: a convex portion provided on one of the pivot portion and the rotating body; (P Pg. 45 – original document – Fig. 17 – 122 & See Also Pg. 12 – “The second engaging portion 122 is a portion that engages with the first engaging portion 134 of the rotating body 130. The second engaging portion 122 is provided in the shaft hole 121a. The second engaging portion 122 is formed so as to project in the axial direction from the bottom wall of the shaft hole 121a” (equates to a convex portion provided on one of the pivot portion and the rotating body as the second engaging portion is shown to be the convex piece that meshes with the concave piece of the first engaging member)) and a concave portion provided in the other one of the pivot portion and the rotating body and having the convex portion arranged therein, (Pg. 44 – original document – Fig. 16 – 134 & See Also Pg. 12 – “The second engaging portion 122 is a portion that engages with the first engaging portion 134 of the rotating body 130. The second engaging portion 122 is provided in the shaft hole 121a. The second engaging portion 122 is formed so as to project in the axial direction from the bottom wall of the shaft hole 121a” & See Also Pg. 12 – “The first engaging portion 134 is formed so as to project radially outward from the outer wall of the shaft portion 133, or is formed as a portion remaining by cutting out a part of the outer wall of the shaft portion 133 in the radial direction” (equates to and a concave portion provided in the other one of the pivot portion and the rotating body and having the convex portion arranged therein as the quote shows the first engaging portion being provided to operate between an angle of ranges and similarly the creation of the angle is done via the via the first engaging portion having the concave shape.)) wherein an angular range of the convex portion around a rotation axis of the pivot portion is smaller than an angular range of the concave portion around the rotation axis (Pg. 8 – “The second engaging portion 83 is provided over an angle range α2 (for example, 80 °)” & See Also Pg. 12 – “The first engaging portion 134 is provided over an angle range α1 (for example, 170 °).”) wherein a gap of a predetermined differential angular range is provided between the convex portion and the concave portion in a circumferential direction around the rotation axis ((Pg. 42 – original document – Fig. 13 & See Also Pg. 8 – “The second engaging portion 83 is provided over an angle range α2 (for example, 80 °)” & See Also Pg. 12 – “The first engaging portion 134 is provided over an angle range α1 (for example, 170 °).” (equates to wherein a gap of a predetermined differential angular range is provided between the convex portion and the concave portion in a circumferential direction around the rotation axis as the angle of the convex piece is smaller and thus a gap is formed between each piece, and is further exemplified by the figure 13 showing the engaging portions interacting with one another.))) and wherein rotation of the rotating body causes opposing surfaces of the convex portion and the concave portion in the circumferential direction to abut and press, thereby rotating the pivot portion. (Pg. 13 – “The first engaging portion 134 and the second engaging portion 122 move (that is, rotate) the arm 120 from the closed position to the fully open position of the lid 20 as the rotating body 130 rotates (that is, the lid). Engage with each other during the opening operation of the body 20). That is, after the first engaging portion 134 is engaged with the second engaging portion 122 from the non-engaged state with the second engaging portion 122, the rotating body 130 and the first engaging portion 134 are second” (equates to and wherein rotation of the rotating body causes opposing surfaces of the convex portion and the concave portion in the circumferential direction to abut and press, thereby rotating the pivot portion as the quote shows the convex second engaging portion engaging with the concave first engaging portion which in turn rotates the arm. )) It would have been an advantageous addition to the system disclosed by Ueki to include wherein the differential mechanism includes: a convex portion provided on one of the pivot portion and the rotating body; and a concave portion provided in the other one of the pivot portion and the rotating body and having the convex portion arranged therein, wherein an angular range of the convex portion around a rotation axis of the pivot portion is smaller than an angular range of the concave portion around the rotation axis, wherein a gap of a predetermined differential angular range is provided between the convex portion and the concave portion in a circumferential direction around the rotation axis, and wherein rotation of the rotating body causes opposing surfaces of the convex portion and the concave portion in the circumferential direction to abut and press, thereby rotating the pivot portion as this allows for a simple and discrete way of opening the lid wherein all parts critical to opening the lid can be containing within the axis of rotation.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date to include wherein the differential mechanism includes: a convex portion provided on one of the pivot portion and the rotating body; and a concave portion provided in the other one of the pivot portion and the rotating body and having the convex portion arranged therein, wherein an angular range of the convex portion around a rotation axis of the pivot portion is smaller than an angular range of the concave portion around the rotation axis, wherein a gap of a predetermined differential angular range is provided between the convex portion and the concave portion in a circumferential direction around the rotation axis, and wherein rotation of the rotating body causes opposing surfaces of the convex portion and the concave portion in the circumferential direction to abut and press, thereby rotating the pivot portion as this allows a concise mechanism existing within the axis of rotation to interact and open the lid via readily available mechanical components.
Response to Arguments
Response to 35 U.S.C. § 103 rejection of claims 1-6 applicant’s amendments to the claim changes the scope. Applicant’s arguments have been considered but are not persuasive.
Applicant argues on pages 2-4 “In other words, the Office relies upon Ueki's door unlock signal, particularly the processing around S160 and S 170, as corresponding to the claimed third signal. Additionally, in Ueki, the6 door unlock signal is used to release the lock of the charging lid, not to open the lid. Ueki explains that, after the lid is unlocked, the opening can be opened when a force is applied from the outside. Thus, Ueki's door unlock signal does not cause the lid to perform a motor-driven opening actuation, as seen in the instant application. At most, the door unlock signal of Ueki only allows the lid to be manually opened by an external force.
Indeed, it is expressly stated by the Office that "Ueki fails to teach wherein the control unit executes the opening operation of the lid by the drive mechanism." See Office action, Page 10. Kenichiro is relied upon by the Office as teaching this feature. Id. Particularly, the Office cites the following portions of Kenichiro as teaching an analogous opening operation by a drive mechanism:
"To realize an opening / closing operation of a lid body by a lid driving member and a locking / unlocking operation of a lid body by a lock driving member with a minimum number of actuators," and "...it is necessary to prepare a plurality of actuators and control circuits." Id.
It is argued by the Office that it would have been obvious to one of ordinary skill in the art "to include wherein the control unit executes the opening operation of the lid by the drive mechanism as this allows for a simple way of opening and closing the lid for refueling/charging via an automatic means." Id.
Respectfully, this is incorrect and is a direct result of improper hindsight bias and reconstruction, which cannot properly form the basis of a rejection. Stated simply from MPEP 2142, "impermissible hindsight must be avoided and the legal conclusion much be reached on the basis of facts gleaned from the prior art." Rejections based on obviousness must rest on a factual basis; in making such a rejection, the Examiner has the initial burden of supplying the requisite factual basis and may not, because of doubts that the invention is patentable, resort to speculation, unfounded assumptions, or hindsight reconstruction to supply deficiencies in the factual basis. See In re Warner, 379 F.2d 1011, 1017 (CCPA 1967).
Here, the examiner erred by not articulating sufficient reasoning supported by a rational and objective underpinning why a person having ordinary skill in the art would have been prompted to modify Ueki so that its control unit executes the opening operation of the lid, as claimed.
In particular, even if, arguendo, Kenichiro teaches that a "control unit executes the opening operation of the lid by the drive mechanism," a person of ordinary skill in the art would not have been motivated to combine said motor-driven opening actuation with Ueki. Ueki is directed to preventing water, dust, and sand from entering a charging port. See Ueki, Col. 2, Lines 6-8. Ueki discloses that "[w]hen an access key is present near the vehicle or when the doors of the vehicle remain unlocked, the charging lid is unlocked for convenience. The charging lid has an opening that is opened when a force is applied from outside when the charging lid remains unlocked." Id., Col. 2, Lines 8-12.
Ueki describes an example where "[a] passenger of a vehicle sometimes washes the vehicle using a vehicle washing machine or the like, with the access key near the vehicle or with the doors unlocked. In this case, if a force is applied to the charging lid by a brush or the like of the vehicle washing machine, the opening may be opened since the charging lid is in an unlocked position. If the opening is opened during washing, wash water enters the charging lid, which may cause electric leakage during charging or the like." Id., Col. 2, Lines 13-21. Indeed, "[i]t is desirable to provide a vehicle capable of preventing water from entering a charging lid during washing." Id., Col. 2, Lines 22-23.
If Kenichiro's motor-driven opening actuation were incorporated into Ueki's processing, then a door unlock signal during a water-detection state could cause the lid to be automatically opened by the motor. For example, during a car wash, if the user inadvertently operates the door unlock switch while the access key is near the vehicle, the lid would be motor-driven to the open position. This would expose the charging inlet to water and would directly contradict Ueki's purpose of preventing water intrusion. Therefore, Ueki provides a clear teaching away that would render the prior art reference being modified unsatisfactory for its intended purpose and change the principle of operation of the prior art reference. See MPEP 2141.02, 2143.01, and 2145.
As such, absent improper hindsight reconstruction, there is no sufficient reasoned explanation for a person of ordinary skill in the art to combine the motor-driven opening actuation of Kenichiro with the system of Ueki to achieve the claimed features.
For at least these reasons, Ueki and Kenichiro, either alone or in combination, do not render claim 1 unpatentable. Claims 5 and 6 have been cancelled. Given that the remaining claims depend from claim 1, these claims are also not unpatentable by Ueki in view of Kenichiro for at least the reasons presented above with respect to claim 1.
Therefore, Applicant respectfully requests withdrawal of this rejection.” - As to point A the examiner respectfully disagrees. Applicant asserts that the combination of Ueki- Kenichiro leads to the use improper hindsight bias and reconstruction to formulate a rejection against the current application. However through the utilization of Kenichiro's motor-driven opening actuation simply adds an automated means of opening and closing the lid, wherein with combination of Ueki leads to the ensuring each received signals has a designated automated opening function. Thus the combination of the motor-driven opening actuation and Ueki's door unlock signal, particularly the processing around S160-S170, as corresponding to the equivalent third signal simply leads to automatic opening when the desired signal is inputted to the device. During Patent examination, It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose (See MPEP 2144.06).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(US20080149640A1) - A fuel tank cover module for installation in a motor vehicle is described. The fuel tank cover module comprises a trough body and a hinge arm, which is fastened to the trough body and configured to receive a fuel tank cover and which is mounted pivotably about a pivot pin on the trough body and on its end remote from the pivot pin has a locking portion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
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/R.A.W./Examiner, Art Unit 3667
/Hitesh Patel/Supervisory Patent Examiner, Art Unit 3667
8/5/26
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