DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This communication is a first office action, non-final rejection on the merits. Claims 1-15, filed as preliminary amendment are currently pending and have been considered below.
DRAWING
3. The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81. No new matter may be introduced in the required drawing.
Claim Rejections - 35 USC § 102
4. 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.
5. Claims 1-3, 6-11, 14 and 15 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Neundorf (USP 2021/0270076).
As Per Claim 1, Neundorf teaches, an opening device for a movable motor vehicle element (via a drive assembly of a motor vehicle for the motorized adjustment of a hatch in particular a side door of the motor vehicle , Abstract) the opening device comprising: an electric motor drive ( via drive assembly 1) [0028]) , which has at least two electric motors ( via motors 6 and 22, See Fig. 3)[0047]) and at least one transmission element ( via spur gear 29], Fig.3, [0047]) rotationally driven by the at least two electric motors,( via motors 6, 22, Fig.3), the electric motor drive acting upon the movable motor vehicle element( via drive axis 17), , [0028], [0029], [[0040-0042], [0047]) wherein the transmission element( (29) is rotationally acted upon jointly by two or more electric motors (6,22) of the at least two electric motors (6,22). [0047]).
As per Claim 2, Neundorf teaches the limitation of Claim 1. However, Neundorf further teaches, wherein the transmission element comprises a drive disk (spindle 19) rotatable about an axis (17), ([0037], [0040]).
As Per Claim 3, Neundorf teaches the limitation of Claim 2. However, Neundorf further teaches, wherein the drive disk is equipped with a toothing on an outer circumference of the drive disk. ( via 19 having outer teeth, see Fig 3a, [0040]).
As per Claim 6, Neundorf teaches the limitation of Claim 1. However, Neundorf further teaches, wherein the two electric motors (6,22) each act individually on the transmission element (29). ( 6, 22, connected to Trans element 29, via 18, 23, Fig.3A) [0047]).
As per Claim 7, Neundorf teaches the limitation of Claim 6. However, Neundorf further teaches, wherein the transmission element (29, 27, 28) is located between them the two electric motors (6,22) in parallel to one another, or the two electric motors are arranged opposite one another relative to the transmission element located between the two electric motors ([0036-0037], [0042], [0055], Ref. claims 2, 5, Fig.3A).
As per Claim 8, Neundorf teaches the limitation of Claim 1. However, Neundorf further teaches, wherein the two electric motors are coupled to one another via a common output shaft to act on the transmission element. ( ([0036-0037], [0042],Fig.3A).
As per Claim 9, Neundorf teaches the limitation of Claim 8. However, Neundorf further teaches , wherein the common output shaft has a common drive worm for engaging in an outer circumferential toothing of the drive disk. (( ([0036-0037], [0042],Fig.3A).
As per Claim 10, Neundorf teaches the limitation of Claim 1. However, Neundorf further teaches, a motor vehicle door ( vai door 3 Fig.1) comprising the opening device for opening a motor vehicle door (Fig.3A), wherein the motor vehicle comprises in particular a motor vehicle side door.(via hatch 3 being a side door, Abstract, [0028], [0060]).
As per Claim 11, Neundorf teaches the limitation of Claim 1. However, Neundorf further teaches, a motor vehicle door ( via door 3, Fig.1) comprising the opening device for opening the motor vehicle door (Fig.3A), wherein the motor vehicle door includes an external door handle and the opening device acts on the external door handle ( via side door 3 includes a door handle (See left side) under the side window glass, See Fig.1).
As per Claim 14, Neundorf teaches the limitation of Claim 8. However, Neundorf further teaches, wherein the output shafts of the two electric motors are positioned at opposite ends of the common output shaft (via Fig.3A).
As per Claim 15, Neundorf teaches the limitation of Claim 1. However, Neundorf further teaches, a downstream gear box that is acted upon by the transmission element, and a slider that is acted upon by the downstream gear box and that acts on the movable motor vehicle element ([0036-0042], [0047], Fig.3A).
Claim Rejections - 35 USC § 103
6. 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.
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.
7. Claims 4-5 and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Neundorf (USP 2021/0270076) in view of Inan et al. (CN-111989451A).
As per Claim 4, Neundorf teaches the limitation of Claim 3. However, Neundorf further teaches, wherein each of the two electric motors has an output shaft and ( via motor 6, 22 are connected with drive shaft 18, 23 respectively, Fig. 3A) a drive the output shaft. ([0036], [0042]) , [0047]).
However, Neundorf does not explicitly teach, the motor shaft being connected with a drive worm to output shaft.
In a related field of art, Inan et al. ( Inan) teaches, motor vehicle-driving device having a motor 4 and a transmission element 5 being driven by the motor 4, wherein, the motor shaft being connected with a drive worm to output shaft, ( via the motor 4 having an output worm 6 on the output shaft, which is engaged with a tooth portion on the transmission element 5 , designed to be the worm wheel 5. The worm wheel 5 rotating in the clockwise or anticlockwise direction around the shaft 7, See :Page 6 last 2 para- Page 7, first para, Fig.1).
It would have been obvious to one of ordinary skill in the art, having the teachings of Neundorf and Inan before him before the effective filing date of the claimed invention to modify the systems of Neundorf , to include the teachings ( worm gear or worm wheel 5 ) of Inan and configure with the system of Neundorf in order to execute bidirectional power transmission. Motivation to combine the two teachings is, to transmit rotation in both clockwise and anticlockwise direction (i.e., an added feature to provide low speed and large amplification of power).
As per Claim 5, Neundorf as modified by Inan teaches the limitation of Claim 4. However, Neundorf in view of Inan teaches, wherein each drive worm of the two electric motors engages in the outer circumferential toothing of the drive disk to drive the drive disk rotationally. ( via thrust element 19 having teeth , Fig.3A)l, [0047], Inan : ( via the motor 4 having an output worm 6 on the output shaft, which is engaged with a tooth portion on the transmission element 5 , designed to be the worm wheel 5. The worm wheel 5 rotating in the clockwise or anticlockwise direction around the shaft 7, See :Page 6 last 2 para- Page 7, first para, Fig.1).
As per Claim 12, Neundorf as modified by Inan teaches the limitation of Claim 4. However, Neundorf in view of Inan teaches, wherein the output shafts of the two electric motors are positioned at a non-straight angle relative to each other.
(Neundorf : via 45 degree, [0036], Fig.3A).
As per Claim 13, Neundorf as modified by Inan teaches the limitation of Claim 4. However, Neundorf in view of Inan teaches, wherein the output shafts of the two electric motors each are positioned at an acute angle relative to the toothing of the drive disk. (Neundorf : via 45 degree, [0036], Fig.3A).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD SHAFI whose telephone number is (571)270-5741. The examiner can normally be reached M-F 8:30 am -5:00 pm.
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/MUHAMMAD SHAFI/Primary Examiner, Art Unit 3666C
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