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 . Claims 1-20 are pending in the current application.
Claim Rejections - 35 USC § 102
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.
Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsinistidis et al. (German Pat. No. DE102018115330 A1, hereinafter “Tsinistidis”).
Specifically, regarding Claim 1, Tsinistidis discloses a cancellation device for an automotive feature on a vehicle (Abstract, and e.g., Fig. 1 of the attached English translation), the cancellation device comprising a lever (3) configured to be manually moved relative to the vehicle from a first, neutral position (6; ¶ [0041], Fig. 5b) to a second, non-neutral position (5; Fig. 5b) to actuate the automotive feature, an element (4; Fig. 5b) coupled to the lever (3) and configured to move when the lever (3) is moved from the first, neutral position (6) to a second, non-neutral position (5), and an actuator (e.g., springs or magnets; not shown but disclosed at ¶ [0029]) configured to move the element (4) to release the lever (3) from the second, nonneutral position (6; ¶ [0029]).
Regarding Claim 2, Tsinistidis discloses that the element (4) is a detent plunger (4) (Fig. 5b, ¶ [0026]).
Regarding Claim 3, Tsinistidis discloses that the detent plunger (4) is a spring-biased detent plunger (4; Fig. 5b, ¶ [0026]).
Regarding Claim 4, Tsinistidis discloses a detent profile having a first detent (D1; Fig. 5b, reproduced and annotated below) corresponding to the first, neutral position (6) and a second detent (17) corresponding to the second, non-neutral position (5; Fig. 5b), wherein the spring-biased detent plunger (4) is biased toward the detent profile and is configured to be in the first detent (D1) in the first, neutral position (6) and is configured to move into the second detent (17) in the second, non-neutral position (5; Fig. 5b).
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Regarding Claim 5, Tsinistidis discloses that the actuator is a solenoid (¶ [0029] discloses the use of magnets, and a solenoid is a type of electromagnet that generates a controlled magnetic field).
Regarding Claim 6, Tsinistidis discloses that the solenoid is configured to move the spring-biased plunger (4) away from the detent profile to release the lever (3) from the second, nonneutral position (inherently disclosed at ¶ [0029]).
Regarding Claim 7, Tsinistidis discloses a centering spring (10; Fig. 5b), wherein the centering spring (10) is configured to return the lever (3) back to the first, neutral position (6) after the lever (3) has been released from the second, non-neutral position (5; upon actuator 12 moving movable element against spring 10; Fig. 5b).
Regarding Claim 8, Tsinistidis discloses that the actuator is a solenoid (¶ [0029] discloses the use of magnets, and a solenoid is a type of electromagnet that generates a controlled magnetic field).
Regarding Claim 9, Tsinistidis discloses a centering spring (10; Fig. 5b), wherein the centering spring (10) is configured to return the lever (3) back to the first, neutral position (6) after the lever (3) has been released from the second, non-neutral position (5; upon actuator 12 moving movable element against spring 10; Fig. 5b).
Regarding Claim 10, Tsinistidis discloses that the element (4) is a spring-biased detent plunger (4) configured to move linearly relative to the lever (4; Fig. 5b, ¶ [0026]).
Regarding Claim 11, Tsinistidis discloses that the lever (3) is a stalk on a steering wheel (¶ [0032]).
Regarding Claim 12, Tsinistidis discloses that the element (4) is a release pawl (Fig. 5b).
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 13-15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tsinistidis in view of Rudolph (German Pat. No. DE10037760 A1).
Tsinistidis discloses substantially all of the limitations of the present invention but does not disclose the claimed (i) motor, as recited in Claims 13 and 20, (ii) controller, as recited in Claim 14, and (iii) sensor, as recited in Claim 15.
However, Rudolph discloses that (i) the actuator is an electric motor (51; p. 5, the second paragraph of the attached English machine translation, Fig. 7), as recited in Claims 13 and 20, (ii) a controller (32) coupled to the electric motor (Fig. 7), as recited in Claim 14, (iii) a sensor (29), wherein the controller is configured to receive a signal from the sensor indicating whether a turn has been completed (p. 5, the last paragraph, of the attached English machine translation), as recited in Claim 15.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Rudolph with those of Tsinistidis to provide automated positioning detection and positioning.
Claims 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Tsinistidis in view of Rudolph.
The combination of Tsinistidis and Rudolph discloses substantially all of the limitations of the present invention but does not disclose the claimed gears, yoke, pawl, and Scotch yoke.
However, it would have been obvious to one of ordinary skill in the art to design to utilize such claimed elements to effect motor movement and switch positioning. It has been concluded that absent any convincing showing of the criticality of the design, this particular design is nothing more than the inventor choice without departing from the scope of the invention. In re Dailey, 149 USPQ 47 (CCPA 1976). Tsinistidis discloses the use of a transmission and threaded rod, 52 and 53 (Fig. 7), respectively, to effect motor movement and switching positioning.
Conclusion
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/ANTHONY R JIMENEZ/Primary Examiner, Art Unit 2833