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 .
The examiner acknowledges applicant’s amendments to claims 1-3, 5-7, and 9-15 and the cancellation of claims 4, 8, and 16 filed May 1, 2026.
Claim Objections
Claim 1 is objected to because of the following informalities: In line 22, the phrase “the housing” should be changed to “the element housing.” Appropriate correction is required.
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.
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) 1-3, 6, 7, and 9-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamura et al. (US Pub. No. 2017/0350172) (will be referred to as Tamura et al. ‘172) in view of Tamura et al. (US Pub. No. 2019/0106914) (will be referred to as Tamura et al. ‘914), and further in view of Gröver (US Pub. No. 2022/0403684).
In regards to claim 1, Tamura et al. ‘172 discloses a motor vehicle lock comprising: a locking mechanism including a rotary latch 10 and a pawl 11 positioned within a lock housing 14, an electric opening drive 23, 24 for operating the locking mechanism, the locking mechanism including a transmission element 17, an operating lever 12, wherein the transmission element is connected to the operating lever for a manual emergency opening of the locking mechanism (Figure 8), and an emergency actuation element (element 16 and section of component 15 in which element 16 is located, Figure 2) for the manual emergency opening of the locking mechanism, wherein the emergency actuation element is arranged outside the lock housing (Figures 2 and 9-11), and operates via the transmission element on the operating lever for the manual emergency opening, wherein the operating lever extends from an interior of the lock housing to an exterior of the lock housing (with at least a portion of the operating lever extending from the interior to the exterior, see Figure 8 below) through an opening in the lock housing (opening or space within the lock housing through which the operating lever moves from the position in Figure 6 to the position in Figure 8, see Figure 9 below, with the opening being open at least in a direction parallel to wall 51), wherein the emergency actuation element has an element housing (section of component 15 in which element 16 is located, Figure 2 including portions 51, 52, 53,, Figure 9) and a cover cap 16 movable relative to the element housing for actuating the transmission element.
Tamura et al. ‘172 fails to disclose that the cover cap includes an indicator that indicates an emergency actuation function to perform the manual emergency opening. Tamura et al. ‘914 teaches a motor vehicle lock having a cover cap 31 that includes an indicator (see Figure 2 below) that indicates an emergency function to perform a manual emergency opening (Paragraphs 25 and 39). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include an indicator on the cover cap of Tamura et al. ‘172, with reasonable expectation of success, so as to provide an indication to a user of the function of the cover cap, thereby enhancing the usability and operation of the device.
Tamura et al. ‘172 fails to disclose that the emergency actuation element includes an electromotive drive for actuating the cover cap to move the cover cap relative to the element housing, and that the electromotive drive only actuates the cover cap to move the cover cap relative to the element housing when at least one of a motor vehicle crash is detected or a vehicle battery failure is detected. Gröver teaches a cover cap or movable handle element 30 that is actuated to move relative to an element housing 20 by an electromotive drive 40, with the electromotive drive only actuating the cover cap or movable handle element to move the cover cap or movable handle element relative to the element housing when a motor vehicle crash is detected (Paragraph 44, in which the electromotive drive only actuates the cover cap or movable handle element to move the cover cap or movable handle element relative to the element housing between either a protective position or a gripping position, such that the cover cap or movable handle element can be gripped by a user after the crash has ceased). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include an electromotive drive to move the cover cap relative to the element housing, with reasonable expectation of success, such that the cover cap is positioned to be more easily gripped by a user in a crash or emergency situation.
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8. In regards to claim 2, Tamura et al. ‘172 discloses that the cover cap has a manual manipulation element 41.
9. In regards to claim 3, Tamura et al. ‘914 teaches that the indicator of the cover cap is a visual indicator (Figure 2) that is an indication of the emergency actuation function.
10. In regards to claim 5, Tamura et al. ‘172 discloses that the cover cap is pivotably connected to the element housing (Figure 11).
11. In regards to claim 6, Tamura et al. ‘172 discloses that the cover cap is detachably latched to the element housing (detachably latched by components 54 and 55, Paragraphs 55 and 57).
12. In regards to claim 7, Tamura et al. ‘172 discloses that the transmission element is detachably connected to the cover cap (end of the transmission element 17 is capable of being detached from the cover cap, Figure 5).
13. In regards to claim 9, Tamura et al. ‘172 discloses that the operating lever is rotatably mounted inside of the lock housing (Figures 4 and 5).
14. In regards to claim 10, Tamura et al. ‘172 discloses that the emergency actuation element is connected on an inside of a motor vehicle door (the trunk lid TL is considered as a rear motor vehicle door, Figure 1).
15. In regards to claim 11, Tamura et al. ‘172 discloses that the manual manipulation element is a handle (considered as a handle because it can be grasped by a user, Figure 9).
16. In regards to claim 12, Tamura et al. ‘914 teaches that the visual indicator is a print marking (Figure 2).
17. In regards to claim 13, Tamura et al. ‘172 discloses that the transmission element is non-detachably connected to the cover cap (non-detachably connected because the device is located such that the transmission element is not easily detached, Figure 1).
18. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamura et al. (US Pub. No. 2017/0350172) (will be referred to as Tamura et al. ‘172) in view of Tamura et al. (US Pub. No. 2019/0106914) (will be referred to as Tamura et al. ‘914), further in view of Gröver (US Pub. No. 2022/0403684) as applied to claims 1-3, 6, 7, and 9-13 above, and further in view of De Marco (DE 29922605 U1). Tamura et al. ‘172 in view of Tamura et al. ‘914 fails to specify that that the indicator is a haptic indicator. De Marco teaches an actuating element or lever 1 that includes a haptic indicator (Paragraph 26 of the Computer Generated Translation). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to utilize a haptic indicator, with reasonable expectation of success, in order to enhance a user’s ability to locate the cover cap (Paragraph 26 of the Computer Generated Translation) and since print indicators and haptic indicators are equivalent for their use in the indicator or indication art and the selection of any of these known equivalents to provide an indication to a user would be within the level of ordinary skill in the art.
19. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamura et al. (US Pub. No. 2017/0350172) (will be referred to as Tamura et al. ‘172) in view of Tamura et al. (US Pub. No. 2019/0106914) (will be referred to as Tamura et al. ‘914), further in view of Gröver (US Pub. No. 2022/0403684) as applied to claims 1-3, 6, 7, and 9-13 above, and further in view of Zysk (US-8798858). Tamura et al. ‘172 in view of Tamura et al. ‘914 fails to specify that that the indicator is an acoustic indicator. Zysk teaches the use of an acoustic indicator (Col. 4, line 66 - Col. 5, line 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to utilize an acoustic indicator, with reasonable expectation of success, since acoustic indicators are known in the art for providing audible indications to a user and since print indicators and acoustic indicators are equivalent for their use in the indicator or indication art and the selection of any of these known equivalents to provide an indication to a user would be within the level of ordinary skill in the art.
Response to Arguments
20. In regards to applicant’s remarks concerning the amendments to claim 1, applicant is referred to the new rejection of claim 1 under 35 U.S.C. 103 with newly cited Gröver (US Pub. No. 2022/0403684) set forth in the current Office Action based on applicant’s amendments to the claims.
Conclusion
21. 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 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.
22. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSON MERLINO whose telephone number is (571)272-2219. The examiner can normally be reached Monday - Friday 7 AM to 3 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 June 29, 2026
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