DETAILED ACTION
The following action is in response to application 18/752,687 filed on June 24, 2024.
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 Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 11, 14, 17 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shiroma (US 20140238165). With regard to claim 11, Shiroma teaches a driving assembly, comprising: a fixed gear 11 provided with a fixed rotary shaft 21a, and the fixed gear being rotatable about the fixed rotary shaft; a fixed rack 14, the position of the fixed rack remaining fixed relative to the fixed rotary shaft; a movable intermediate rack 13 configured to cooperate with the fixed gear such that the movable intermediate rack is capable of reciprocating when the fixed gear rotates clockwise and counterclockwise; a movable gear 12 provided with a movable rotary shaft 12a, wherein the movable rotary shaft is rotatably fixed to one end of the movable intermediate rack 13, and wherein the movable gear cooperates with the fixed rack such that the movable gear is capable of reciprocatingly translating in an extension direction of the fixed rack when the movable intermediate rack reciprocates, and the movable gear is configured to be rotatable about the movable rotary shaft while reciprocatingly translating; and a transmission rack 15 configured to be capable of driving a member 4 to be driven to reciprocate, wherein the transmission rack cooperates with the movable gear such that the transmission rack is capable of reciprocating when the movable gear rotates clockwise and counterclockwise; wherein the fixed rotary shaft and the fixed rack are provided on a housing 26 of the member to be driven, and the housing is provided with a driving guide portion 50, wherein the driving guide portion extends in a first direction, and the transmission rack is capable of reciprocating along the driving guide portion in the first direction, and wherein the transmission rack 15 is provided with a movement starting position of the transmission rack and a movement ending position of the transmission rack; in the movement starting position of the transmission rack, the movable gear cooperates with the end of the transmission rack away from the member to be driven (Fig. 5), and the fixed gear 11 cooperates with the end of the movable intermediate rack away from the member to be driven (Fig. 5); and in the movement ending position of the transmission rack, the movable gear cooperates with the end of the transmission rack close to the member to be driven, and the fixed gear cooperates with the end of the movable intermediate rack close to the member to be driven (Fig. 5; p4). With regard to claim 14, Shiroma teaches the assembly, further comprising an actuator 21 configured to drive the fixed gear to rotate. With regard to claim 17, Shiroma teaches a driving assembly, comprising: a fixed gear 11 provided with a fixed rotary shaft 21a, the fixed gear being rotatable about the fixed rotary shaft; a fixed rack 14 mounted on the fixed rotary shaft, a position of the fixed rack remaining fixed relative to the fixed rotary shaft; a movable intermediate rack 13 configured to cooperate with the fixed gear such that the movable intermediate rack is capable of being driven to reciprocate when the fixed gear rotates clockwise and counterclockwise, wherein the movable intermediate rack has a tooth length of L1; a movable gear 12 provided with a movable rotary shaft 12a, wherein the movable rotary shaft is rotatably fixed to one end of the movable intermediate rack 13, and wherein the movable gear cooperates with the fixed rack such that the movable gear is capable of reciprocatingly translating along an extension direction of the fixed rack when the movable intermediate rack reciprocates, and the movable gear is capable of rotating about the movable rotary shaft; a transmission rack configured to cooperate with the movable gear such that the transmission rack is capable of being driven to reciprocate when the movable gear rotates clockwise and counterclockwise, wherein the transmission rack has a tooth length of L2; and an actuator 21 configured to drive the fixed gear to rotate; wherein a total displacement of the transmission rack equals a sum of L1 and L2 (Figs. 1B and 2B). With regard to claim 19, Shiroma teaches the assembly, wherein the actuator 21 is coaxially arranged with the fixed rotary shaft 21a. With regard to claim 20, Shiroma teaches the assembly, wherein a translation speed of the transmission rack 15 relative to the fixed gear 11 is equal to a sum of a translation speed of the movable gear 12 relative to the fixed gear and a translation speed of the transmission rack relative to the movable gear, such that the translation speed of the transmission rack is twice an outer circumferential rotation speed of the fixed gear (Fig. 2B).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shiroma ‘165. With regard to claim 18, Shiroma teaches assembly, but lacks the specific teaching wherein each of the movable intermediate rack and the transmission rack has a tooth length equal to one half of the total displacement of the transmission rack. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify Shiroma to employ the assembly wherein each of the movable intermediate rack and the transmission rack has a tooth length equal to one half of the total displacement of the transmission rack in order to attain a preferred travel distance of the racks. Also, such a modifcation would have involved a mere change in size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shiroma as applied to claim 11, above, and further in view of Shin (US 20210246701). With regard to claim 15, Shiroma teaches the assembly, wherein the member to be driven is a door of a vehicle (paragraph 3), and the transmission rack 15 is configured to be capable of driving the door to reciprocate, but lacks the specific teaching wherein the door is a lid of a lid assembly of a charging port or a refueling port of a vehicle. Shin teaches a similar assembly comprising: a fixed gear 240, a transmission rack 230, and a driven member 300 that is a lid of a lid assembly of a charging port or a refueling port of a vehicle. It would have been obvious to one of ordinary skill prior to the effective filing date of the present invention to modify Shiroma to employ the driving mechanism on a lid of a lid assembly of a charging port or a refueling port of a vehicle in view of Shin with reasonable expectation for success in order to provide a driving assembly for the lid having a shortened length to reduce space needed (paragraphs 20 and 21).
Allowable Subject Matter
Claims 1-10 and 16 are allowed.
Claim 12 and 21 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record fails to show or render obvious the assembly as claimed, and particularly including a fixed rack, a position of the fixed rack remaining fixed relative to the fixed rotary shaft, wherein the fixed rotary shaft is mounted on the fixed rack; a movable intermediate rack configured to cooperate with the fixed gear such that the movable intermediate rack is capable of being driven to reciprocate when the fixed gear rotates clockwise and counterclockwise; a movable gear provided with a movable rotary shaft, wherein the movable rotary shaft is rotatably fixed to the movable intermediate rack, and wherein the movable gear cooperates with the fixed rack, and the movable gear is configured such that the movable gear is capable of reciprocatingly translating along an extension direction of the fixed rack when the movable intermediate rack reciprocates, and the movable gear is capable of rotating about the movable rotary shaft; and a transmission rack configured to be capable of driving a member to be driven, wherein the transmission rack is configured to cooperate with the movable gear such that the transmission rack is capable of being driven to reciprocate so as to move the member to be driven when the movable gear rotates clockwise and counterclockwise, and including the remaining structure of claim 1. The present invention also particularly includes a guide rod, a first end of the guide rod being connected to the transmission rack, and a second end of the guide rod being capable of passing through the driving guide portion and being connected to the member to be driven, such that the guide rod is capable of driving the member to be driven to reciprocate along the driving guide portion, and including the remaining structures of claim 12. The present invention also particularly includes the assembly, wherein the member to be driven is a housing provided with the fixed rotary shaft and the fixed rack, the housing having an accommodating space and a door panel opening, and wherein the transmission rack is coupled to a lid of a lid assembly of a charging port or a refueling port of a vehicle via a guide rod and a driving connection assembly, such that reciprocation of the transmission rack drives the lid between a closed position in which the lid closes the door panel opening and an open position in which the lid is received in the accommodating space and exposes the door panel opening., and including the remaining structure of claim 21.
Please note: Although Shiroma teaches the door 4 may be for a vehicle and Shin teaches a door of a vehicle being a lid of a lid assembly of a charging port or a refueling port, it would not have been obvious to modify the housing 26 of Shiroma to include a door panel opening, wherein the lid closed the door panel opening.
Response to Arguments and Suggestions for Applicant
In the previous action, “claim 13” was inadvertently noted as being objected to, but that was a typographical error. As could be seen in the rejection section and the Office Action Summary:
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Claim 13 was rejected (as seen above). Claim 12 was objected to.
It is suggested applicant remove the original claim 13 limitations from claim 11 and insert them into claim 12, and remove the claim 12 limitations and insert them into claim 11. This would place claims 11-12 and 14-15 in condition for allowance.
With regard to newly added claim 17, applicant argues that neither Shiroma nor Shin discloses a driving connection assembly having a first end and a second end that are hinged with each other, wherein the first end is connectable to the transmission rack via a guide rod and the second end is rotatably connected to a first end of the lid that enables the lid to move through a compound path defined by a first guide portion having both a first segment extending in a second direction and a second segment extending in a first direction, and a second guide portion extending in a third direction. This combination of the hinged driving connection assembly with the multi-segment guide path geometry is not taught or suggested by the cited art.
It can be shown, however, that these limitations are not claimed in claim 17. The limitations of claim 17 are addressed in the rejections above.
Applicant’s arguments have been considered, but are not persuasive.
Conclusion
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.
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/ROGER L PANG/Primary Examiner, Art Unit 3655
/ROGER L. PANG/
Examiner
Art Unit 3655B
September 8, 2026
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