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 .
Claim Objections
Claim 12 is objected to because of the following informality: the phrase “arranged between the opening and the ventilation opening between the connection plug and the connection socket” places two “between” clauses in immediate succession, obscuring which structures bound the recited arrangement. In light of ¶[0016] of the specification, the plug seal is understood to be arranged, at the interface between the connection plug and the connection socket, in the region between the opening and the ventilation opening so as to enclose the openings. Appropriate correction is required.
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 1–14 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.
Claim 1 recites “an actuating element having a housing, an electric motor, and a transmission connected downstream of the electric motor.” As written, the housing, the electric motor, and the transmission are each attributes of the actuating element. This reading is inconsistent with the remainder of the claim, which recites that “the actuating element is movable into and out of the housing of the actuating element,” a relationship that is sensible only if the housing receives the actuating element rather than being a part of it, and is inconsistent with the specification, in which housing 2 is the housing of the actuator 1 that encloses the functional components including the electric motor and the transmission and from which the actuating element 5 is extended and retracted (¶[0009], [0019]). It is therefore unclear which structures constitute the claimed “actuating element” and which constitute the surrounding actuator, rendering the metes and bounds of the claim uncertain. For purposes of examination, and consistent with the specification, “the housing” is interpreted as the housing of the actuator within which the actuating element is received and relative to which it moves, and the electric motor and transmission are interpreted as components of the actuator. Claims 2–14 are rejected for depending from claim 1.
Claim 4 depends from claim 2 and recites “the vent.” There is insufficient antecedent basis for this limitation in the claim, because a vent is first introduced in claim 3, from which claim 4 does not depend. This appears to be a dependency error introduced in the amendment; amendment of claim 4 to depend from claim 3 would resolve this rejection. For purposes of examination, “the vent” is interpreted as a vent as recited in claim 3. Claims 5–9 and 12 are rejected for depending from claim 4.
Claim 14 depends from claim 1 and recites “the ventilation duct.” There is insufficient antecedent basis for this limitation in the claim, because a ventilation duct is first introduced in claim 5, from which claim 14 does not depend. Amendment of claim 14 to depend from claim 5 would resolve this rejection. For purposes of examination, and consistent with ¶[0012] and [0022] of the specification, “the ventilation duct” is interpreted as a ventilation duct provided in the connection plug. Further, claim 14 recites that the duct extends “in a straight line along a center line through the connection plug.” Consistent with ¶[0022] and Figure 2 of the specification, in which line M is the longitudinal axis of ventilation duct 12 passing through connection plug 8, the recited “a center line” is interpreted as a straight longitudinal axis extending through the connection plug.
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 1–3, 11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over REDDMANN(DE10259465A1) in view of NAGASE(US4828507).
Regarding claim 1, Reddmann teaches an actuator for motor vehicle applications(1; ¶[0001]; electromechanical actuator for a fuel filler flap lock of a motor vehicle),
comprising: an actuating element(3; spindle acting on the fuel filler flap; ¶[0001], [0022]) having a housing(7; ¶[0023]–[0024]; pot-shaped housing receiving motor 2, spindle 3, spring cassette 5 and component carrier 6; interpreted as set forth in paragraph 3 above),
an electric motor(2; ¶[0023]),
and a transmission connected downstream of the electric motor(¶[0023]; motor 2 with pinion driving spindle 3),
wherein the actuating element is movable into and out of the housing of the actuating element by operation of the transmission(¶[0022], [0024]; spindle 3 driven between retracted and extended positions; Figs. 2a–2f, 3a–3b),
and a connection socket for electric contacting of the actuator(4; ¶[0023]; connection socket through which electric motor 2 is supplied with electrical energy and receives control signals).
Reddmann does not explicitly teach a connection plug positively recited in combination with the socket, wherein the pressure in the actuator is equalized by the connection socket.
However, Nagase, in the analogous art of waterproof electrical connectors for sealed automotive devices, teaches a connection plug(10; a discrete connector mated to a device-side connector; col. 3, ll. 10–15; col. 4, ll. 11–15; Fig. 2A) wherein pressure is equalized by the plug-socket connection(claim 4, col. 5, l. 6–col. 6, l. 5; a single ventilation tube 26 led water tightly into the connector introduces outer pressure to reduce the pressure difference between the outside and the inside), the equalizing air flow passing through the mated plug-socket interface(col. 4, ll. 19–26; the mating terminal pin at the vented terminal position is preferably omitted to reduce the ventilation resistance of air passed through the tube), so that the free end of the ventilation path is led to a safe place from which water will not be introduced(col. 1, ll. 23–29).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the actuator of Reddmann so that the pressure in the actuator is equalized by the connection socket, by relocating the pressure-equalization path from housing ventilation opening 11 to the connection between socket 4 and its mating connection plug as taught by Nagase. One would be motivated to make this combination because Nagase teaches that venting through the connector, rather than through an opening formed directly in a device housing, permits the vent outlet to be led to a safe place from which water will not be introduced(Nagase, col. 1, ll. 23–29), a benefit directly applicable to the actuator of Reddmann, which is mounted outside or beneath the body panels of the vehicle where it is exposed to intensified environmental influences, in particular moisture(Reddmann, ¶[0007]). The proposed combination is the application of a known venting technique to a known device ready for improvement, yielding the predictable result of an all-around sealed actuator whose pressure equalization is carried out through its electrical connection interface.
Regarding claim 2, Reddmann in view of Nagase teaches the actuator of claim 1.
The combination further teaches an opening that is arranged in the housing and within the connection socket(in the combination set forth for claim 1, the equalizing air flow passes through the mated plug-socket interface into the sealed interior(Nagase, col. 4, ll. 19–26; col. 1, ll. 30–44, the chamber of the connected device being held at atmospheric pressure through the connector-side ventilation path);
Reddmann’s opening in the housing(11; ¶[0024]–[0025]) is accordingly provided within connection socket 4, this being the location at which the sealed interior of housing 7 communicates with the mated interface).
One would be motivated to arrange the opening in the housing within the connection socket so that the interior of the actuator communicates with the vented connector through the mated interface, thereby completing the equalization path while the housing remains sealed all around elsewhere(Nagase, col. 1, ll. 30–44; col. 4, ll. 19–26).
Regarding claim 3, Reddmann in view of Nagase teaches the actuator of claim 2.
Nagase further teaches a vent cooperating with the opening in the connection plug(ventilation tube 26 together with the passage at the vented terminal position of connector 10; col. 3, ll. 10–15 and 38–44; Fig. 2B). One would be motivated to provide the vent in the connection plug in cooperation with the opening to conduct the equalizing air flow from the sealed interior through the mated interface with reduced ventilation resistance(Nagase, col. 4, ll. 19–26).
Regarding claim 11, Reddmann in view of Nagase teaches the actuator of claim 3.
Nagase further teaches the opening is at least partially overlaid by the vent(col. 4, ll. 19–26; Fig. 2B; in the mated state the vented terminal position of connector 10 registers with the mating-side passage such that air passes through the tube and the mated interface in alignment). One would be motivated to at least partially overlay the opening with the vent to reduce the ventilation resistance of the air passed through the equalization path(Nagase, col. 4, ll. 19–26).
Regarding claim 13, Reddmann in view of Nagase teaches the actuator of claim 1.
Reddmann further teaches a bellows that seals the actuating element at the housing(8; ¶[0024], [0037]–[0038]; Figs. 3a–3b; bellows 8 is held at housing 7 by circumferential housing ribs 9 and sealingly encloses spindle 3 by way of seal 10, following the movements of the spindle).
Claims 4–9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over REDDMANN(DE10259465A1) in view of NAGASE(US4828507) and further in view of HIDDE(DE102007001584A1).
Regarding claim 4, Reddmann in view of Nagase teaches the actuator of claim 2.
Nagase further teaches wherein the vent includes a ventilation opening(the interface-side mouth of the passage at the vented terminal position of connector 10, through which the equalizing air enters and leaves ventilation tube 26; col. 3, ll. 38–44; col. 4, ll. 19–26; “the vent” being interpreted as set forth in paragraph 7 above).
The combination does not explicitly teach wherein the opening and the ventilation opening are directly adjacent to each other.
However, Hidde, in the analogous art of breathable plug connections for sealed housings, teaches ventilation duct openings of separately formed, sealingly joined connector parts arranged directly adjacent one another at the mechanical interface between the parts(¶[0019], [0041]; the duct bores(32) in the flange of the lower part open directly into the duct(25) of the middle part at the interface), such that the abutting openings form a single continuous ventilation path whose cross section, and hence volume throughput, is preserved from the housing interior to the outlet(¶[0046]–[0047]).
One would be motivated to arrange the opening and the ventilation opening directly adjacent to each other, as taught by Hidde, in order to form a continuous ventilation path of preserved cross section and low flow resistance between the actuator interior and the plug-side vent(Hidde, ¶[0046]–[0047]; see also Nagase, col. 4, ll. 19–26).
Regarding claim 5, Reddmann in view of Nagase and Hidde teaches the actuator of claim 4.
Nagase further teaches wherein the ventilation opening is part of a ventilation duct in the connection plug(26; the ventilation tube extending through connector 10 constitutes a duct whose interface-side mouth is the ventilation opening; col. 3, ll. 10–15 and 38–44; Fig. 2B). One would be motivated to provide the ventilation opening as part of a ventilation duct in the connection plug in order to conduct the equalizing air flow through the plug to an outlet remote from the mating region(Nagase, col. 1, ll. 23–29).
Regarding claim 6, Reddmann in view of Nagase and Hidde teaches the actuator of claim 5.
Nagase further teaches wherein the connection plug has an outlet opening for the ventilation duct(the free end of ventilation tube 26 exiting the connector; col. 1, ll. 23–29; Figs. 2A–2B). One would be motivated to provide the outlet opening for the ventilation duct so that the free end of the ventilation path can be led to a safe place from which water will not be introduced(Nagase, col. 1, ll. 23–29).
Regarding claim 7, Reddmann in view of Nagase and Hidde teaches the actuator of claim 6.
The combination of Reddmann and Nagase does not explicitly teach wherein the outlet opening is designed impermeable to moisture.
Hidde further teaches closing the ventilation path of a plug connection with a semipermeable filter/membrane valve(21) that passes air while blocking moisture(¶[0019], [0036]). One would be motivated to design the outlet opening impermeable to moisture by terminating it with the membrane valve of Hidde so that protection against the penetration of dirt particles and water is provided independently of the mounting orientation of the connection(Hidde, ¶[0053]).
Regarding claim 8, Reddmann in view of Nagase and Hidde teaches the actuator of claim 6.
Hidde further teaches wherein the outlet opening is sealed with a semi-permeable plastic that is permeable to air and impermeable to moisture(21; ¶[0036]; a plastic material of polypropylene or expanded polytetrafluoroethylene whose symmetric, hydrophobic pore structure passes air while blocking liquid). Reddmann corroborates that such a semipermeable plastic closure of a ventilation path is conventional in the actuator itself(13; ¶[0026]; semipermeable PTFE layer 13a on a polyamide carrier layer 13b). One would be motivated to seal the outlet opening with a semi-permeable plastic in order to guarantee air exchange for pressure equalization while preventing the penetration of moisture and the formation of condensate in the interior(Reddmann, ¶[0027]; Hidde, ¶[0020]).
Regarding claim 9, Reddmann in view of Nagase and Hidde teaches the actuator of claim 6.
Nagase further teaches wherein the outlet opening is arranged at an end of the connection plug opposite the ventilation opening(Fig. 2B; ventilation tube 26 extends from the vented terminal position at the mating end of connector 10 and exits at the opposite, cable-side end; col. 3, ll. 10–15). One would be motivated to arrange the outlet opening at the end of the connection plug opposite the ventilation opening so that the outlet is directed away from the mating region toward a protected location(Nagase, col. 1, ll. 23–29).
Regarding claim 12, Reddmann in view of Nagase and Hidde teaches the actuator of claim 4.
Hidde further teaches a plug seal that is arranged between the opening and the ventilation opening between the connection plug and the connection socket(22; ¶[0037]–[0039]; a support and sealing ring received, together with membrane valve 21, in a receptacle at the junction of middle part 2 and lower part 3, sealing about the mutually transferring duct openings), the joined parts being assembled mechanically fixed and tight(¶[0042]–[0044]). One would be motivated to arrange a plug seal between the opening and the ventilation opening, between the connection plug and the connection socket, in order to seal the ventilation transfer point at the mated interface so that the equalizing air flow cannot escape and moisture cannot enter at the junction of the openings(Hidde, ¶[0037]–[0039], [0042]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over REDDMANN(DE10259465A1) in view of NAGASE(US4828507), and further in view of ITO(US2022/0399678A1).
Ito qualifies as prior art under 35 U.S.C. 102(a)(2). Ito is a U.S. patent application publication that names another inventor and was effectively filed before the effective filing date of the claimed invention. Although Ito was published on December 15, 2022 and filed in the United States on June 10, 2022, Ito claims priority to Japanese Patent Application No. 2021-098523, filed June 14, 2021, which describes the subject matter relied upon in this rejection. Under 35 U.S.C. 102(d)(2), Ito was therefore effectively filed as of June 14, 2021, which is prior to the earliest effective filing date of the instant application (December 21, 2021, the filing date of DE 10 2021 133 973.1). See MPEP § 2154.01(b).
Regarding claim 10, Reddmann in view of Nagase teaches the actuator of claim 1.
Nagase further teaches wherein the connection plug is designed as a separate component(10; a discrete cable-side connector formed separately from, and mated with, the device-side connector; Fig. 2A; col. 4, ll. 11–15).
The combination does not explicitly teach the connection plug has a second connection socket for a motor vehicle connection; Nagase describes its connector only at the device-mating end and the cable exit.
However, Ito teaches, in the analogous art of waterproof automotive connector-equipped wires, an electric wire provided with a connector(20) at each of one end and the other end of the wire(¶[0022]; Figs. 1, 3), the connector at the one end making electrical contact with the counterpart terminal fitting of a counterpart device(EP; ¶[0025]; Fig. 2) and the connector at the other end thereby providing the further, vehicle-side connection interface of the wire. One would be motivated to provide the separate connection plug with a second connection socket for a motor vehicle connection, as taught by Ito, so that the sealed actuator can be connected to the motor vehicle wiring through a defined mating interface at the far end of the plug while the waterproof property of the connection is maintained(Ito, ¶[0007]–[0008]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over REDDMANN(DE10259465A1) in view of NAGASE(US4828507), and further in view of IMAI(US2023/0003292A1).
Imai qualifies as prior art under 35 U.S.C. 102(a)(2). Imai is a U.S. patent application publication that names another inventor and was effectively filed before the effective filing date of the claimed invention. Although Imai was published on January 5, 2023 and filed in the United States on September 14, 2022, Imai is a continuation of International Application No. PCT/JP2021/010353, filed March 15, 2021, which claims priority to Japanese Patent Application No. 2020-049205, filed March 19, 2020, which describes the subject matter relied upon in this rejection. Under 35 U.S.C. 102(d)(2), Imai was therefore effectively filed no later than March 19, 2020, which is prior to the earliest effective filing date of the instant application (December 21, 2021). See MPEP § 2154.01(b).
Regarding claim 14, Reddmann in view of Nagase teaches the actuator of claim 1, including a ventilation duct in the connection plug; Nagase, ventilation tube 26 extending through connector 10; col. 3, ll. 10–15 and 38–44), wherein the ventilation duct extends in a straight line along a center line through the connection plug(Nagase, Fig. 2B; tube 26 extends straight along its longitudinal axis through connector 10 from the mating end to the cable end).
The combination does not explicitly teach the ventilation duct is widened at an end of the ventilation duct; Nagase’s duct is a discrete crimped tube of uniform bore rather than a passage formed in the body of the plug.
However, Imai teaches a straight breathing passage of stepped shape(61; ¶[0035]; Figs. 4, 7) having a small diameter portion(64) and being widened at an end of the passage(65; the large diameter portion at the outer end), the gas-permeable, liquid-blocking filter being fixed to the stepped surface within the widened end(71, 66; ¶[0036]) and a protective blocker being press-fitted within the widened portion(81, 82; ¶[0037]–[0038]). One would be motivated to widen the ventilation duct at an end thereof, as taught by Imai, in order to receive and fix the moisture-blocking filter within the duct so that the filter does not project to the outside, improving the installability of the actuator, the widened portion additionally housing structure that protects the filter from direct liquid impingement(Imai, ¶[0023], [0025], [0043]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure.
a. WIESSNETH(US2013/0109209A1) teaches a housing for an automotive electronic circuit in which the pressure-equalizing membrane and its venting channels are consolidated in the plug-housing part carrying the electric plug connectors.
b. KNEWITZ(DE10057912A1) teaches an electrical plug connector for the motor vehicle engine compartment in which a membrane pressure-compensation element, permeable to air and impermeable to water, is inserted in a contact opening or through-bore of the connector housing.
c. DEGUISEPPI(US5522769) teaches a gas-permeable, liquid-impermeable vent element retained in a stepped, shouldered bore of a drive-mechanism housing, the membrane being supported at the shoulder of the bore.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMED QURESHI whose telephone number is (571)-272-8310. The examiner can normally be reached on 8:30 AM - 6:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tulsidas Patel can be reached on 571-272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pairdirect. uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/MOHAMMED AHMED QURESHI/ Examiner, Art Unit 2834
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