DETAILED ACTION
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.
Claims 1-13 are 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.
The claims do not particularly point out and distinctly claim the invention, in that the scope of invention has not been sufficiently defined, making the boundaries of the scope of claim language unclear. See MPEP 2173. The claims lack sufficient structural and/or functional language required to clearly define the scope of a distinct operable invention. Some examples of this lack of structural and/or functional language are directed to the following:
In the preamble of claim 1, a “motor vehicle locking device” is set forth yet it is unclear what type of locking function is intended to be performed in the context of the claim language. Is this intended for locking a vehicle door or other vehicle component or compartment?
In claim 1, “a motor vehicle looking device” is set forth, yet no locking function is discernable from the claim language. How does the device function as a motor vehicle locking device?
In claim 1, in the phrase “starting from a disengaged basic position”, it is unclear what exactly is intended to be disengaged from what other element in the context of the claim language.
In claim 1, it is unclear and not fully understood what is meant by and constitutes “two -stroke action” in the context of the claim language.
In claim 1, it is unclear and not fully understood what is meant by and what constitutes an “accumulator lever” and what it is intended to accumulate, in the context of the claim language.
In claim 1, it is not understood what is meant by “storing the first of the two-stroke action…” in the context of the claim language.
In claim 1, it is unclear how, in what way, and by what means the function of “so that the actuating lever acts upon… of the two-stroke action” is achieved in the context of the claim language.
In claim 1, the intended purpose and function of the “safety lever” is unclear and not fully understood in the context of the claim language. What makes it a safety level and how does it perform a safety function?
In claim 1, it is unclear what constitutes a “secured position” in the context of the claim language. Secured relative to what and secured how?
In claim 1, an “unlocked positions” has not been adequately defined in the context of the claim language.
In claim 1, it is unclear how, in what way, and by what means, nor is it understood the intended structural and/or functional purpose of, “… permits movement of the release lever during the second stroke of the actuating lever” is achieved, in the context of the claim language.
The same or similar 112 issues are found throughout the remaining claims.
Allowable Subject Matter
Claims 1-13, as best understood, would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK A WILLIAMS whose telephone number is (571)272-7064. The examiner can normally be reached Monday through Friday.
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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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/MARK A WILLIAMS/Primary Examiner, Art Unit 3675