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 .
Response to Arguments
Applicant’s arguments, filed 2 January 2026, with respect to the objection to claim 9 have been fully considered and are persuasive. The objection of 2 October 2025 has been withdrawn.
Applicant’s arguments with respect to the prior art rejection of claim(s) 1 have been considered, and in response the same art is applied to the amended claims. Applicant’s arguments are solely drawn to the newly amended limitations, and as such the new grounds of rejection does not rely any teaching or matter specifically challenged in the argument. See the updated rejection(s) below.
Applicant’s arguments, with respect to the have been fully considered and are persuasive. The rejs of 2 October 2025 has been withdrawn.
Applicant’s arguments, with respect to the have been fully considered and are persuasive. The rejs of 2 October 2025 has been withdrawn.
Claim Objections
Claim(s) 11-12 objected to because of the following informalities: claims 11-12 depend from cancelled claim 10 and should be amended to depend from independent claim 1, or alternatively one of its dependent claims. Appropriate correction or clarification is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-9 and 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johann (US-20190226247-A1).
With regards to claim 1, Johann discloses a latching system (16 Figure 1) for facilitating opening and closing of a closure panel (12 Figure 1) of a vehicle (10 Figure 1), the actuation system comprising:
a latch mechanism (30 Figure 2A, Para. 0067); and
a cinching mechanism (36 Figure 2A, Para. 0067);
the latching mechanism having a ratchet (40 Figure 2A), the ratchet moveable between a final overtravel position (“an overtravel striker capture position”, Para. 0068), a latched position (Figure 3A) and a released position (“a striker release position, Para. 0068); and
the cinch mechanism adapted to move the ratchet to the final overtravel position (Paras. 0088-0089), wherein the final overtravel position is variable (the final overtravel position is inclusive of all positions wherein the ratchet is rotated past the latched position in the closing direction).
With regards to claim 2, Johann discloses the latching system of claim 1, further comprising an anti-pop-up feature (34 Figure 2A) including a lever (70 Figure 2B) for limiting over travel of the latch mechanism (in the closing direction, Para. 0071) in order to provide a controlled release of stored pop-up energy (from biasing element 72, Figure 2A).
With regards to claim 3, Johann discloses the latching system of claim 2, further comprising a cam (62 Figure 2B) used to control operation of a lift lever (66 Figure 2A) of the cinching mechanism (36 Figure 2A).
With regards to claim 4, Johann discloses the latching system of claim 1, further comprising:
the cinching mechanism (36 Figure 2A) employing a first gear ratio (between drive arrangement 60 and element 108 of the cinching mechanism 36, Figure 2); and
a release mechanism (32 Figure 2A, Para. 0067) employing a second gear ratio (between drive arrangement 60 and element 120 of the release mechanism 32, Figure 2);
wherein the first gear ratio is higher than the second gear ratio (due to the differing effective moment arms between the drive arrangement and each of the cinching mechanism and release mechanism, Figures 2A-2B) in order to obtain different speed of operation between a release operation (Figures 2-8) and a cinching operation (Figures 9-18).
With regards to claim 5, Johann discloses the latching system of claim 4, further comprising a cam (62 Figure 2B) used to control operation of a lift lever (66 Figure 2A) of the cinching mechanism (36 Figure 2A).
With regards to claim 6, Johann discloses the latching system of claim 4, further comprising an actuator memory lever (142 Figure 8C) for inhibiting an unintended release (Para. 0079) of the latch mechanism (30 Figure 2A) from both a primary position (Figure 3A) and a secondary position (Figure 7A).
With regards to claim 7, Johann discloses the latching system of claim 1, further comprising:
a pop-up spring (72 Figure 2A) coupled to the cinching mechanism (36 Figure 2A) in order to provide a first moment arm (Figure 3B) and a second moment arm (Figure 7B), the first moment arm different from the second moment arm (due to the change in relative angle between the lever 70 and striker 22, Figures 3b and 7B) in order to reduce engagement effort of the latch mechanism while increasing load capability of the cinching mechanism (the arrangement of pop-up spring 72 reduces engagement effort of the latch mechanism while increasing load capability of the cinching mechanism).
With regards to claim 8, Johann discloses the latching system of claim 7, wherein a center (located between ends 80 and 84, Figure 2A) of the pop-up spring (72 Figure 2A) is positioned off center from a pivot point (located at 68, Figure 2A) of a lift lever (66 Figure 2A) of the cinching mechanism (36 Figure 2A).
With regards to claim 9, Johann discloses the latching system of claim 1, further comprising:
a release mechanism (32 Figure 2A); and
a service release mechanism (14 Figure 2A) coupled to the release mechanism;
wherein the service release mechanism is configured to operate in multiple latch positions (at least the primary position of Figure 3A and the secondary position of Figure 7A) irrespective of one or more latch components (40 Figure 2A) being outside of a one of their respective home positions (Figure 10A) (Johann discloses that the service release mechanism can release latch mechanism from at least the primary and secondary latch positions, Para. 0066).
With regards to claim 11, Johann discloses the latching system of claim 10, further comprising:
a pop-up spring (72 Figure 2A) coupled to the cinching mechanism (36 Figure 2A) in order to provide a first moment arm (Figure 3B) and a second moment arm (Figure 7B), the first moment arm different from the second moment arm (due to the change in relative angle between the lever 70 and striker 22, Figures 3b and 7B) in order to reduce engagement effort of the latch mechanism while increasing load capability of the cinching mechanism (the arrangement of pop-up spring 72 reduces engagement effort of the latch mechanism while increasing load capability of the cinching mechanism).
With regards to claim 12, Johann discloses the latching system of claim 11, wherein a center (located between ends 80 and 84, Figure 2A) of the pop-up spring (72 Figure 2A) is positioned off center from a pivot point (located at 68, Figure 2A) of a lift lever (66 Figure 2A) of the cinching mechanism (36 Figure 2A).
Allowable Subject Matter
Claims 13-20 allowed.
The following is a statement of reasons for the indication of allowable subject matter: Although the references of record show some features similar to those of applicant's device, the prior art fails to teach or make obvious the claimed invention. With regards to claim 13, the prior art does not teach a ratchet moveable between a cinch overtravel position, a release overtravel position, a primary latched position and a released position wherein the cinch overtravel position and the release overtravel position are past the primary latched position and a motor adapted to move the ratchet to the cinch overtravel position during a cinching mode and adapted to move the pawl from the ratchet holding position to the ratchet releasing position and move the ratchet to the release overtravel position during a releasing mode; wherein the release overtravel position is closer to the primary latched position than the cinch overtravel position. With regards to claim 17, the prior art does not teach an actuator adapted to rotate the ratchet to the overtravel position, past the primary locked position during a cinching operation of the latch system and during a releasing operation of the latch system, wherein the actuator causes the rotation profile of the ratchet during a cinch mode that is different than the rotation profile of the ratchet during a power release mode. Therefore, such an arrangement is not taught by the prior art, nor can the Examiner can find teaching or motivation to suggest such a modification to one of ordinary skill in the art without fundamentally altering the principles of operation of the device or otherwise relying upon the benefit of impermissible hindsight reasoning.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Noah Horowitz, whose telephone number is (571)272-5532. The examiner can normally be reached Monday - Friday, 11:00AM - 7:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton, can be reached at (571) 272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOAH HOROWITZ/Examiner, Art Unit 3675
/KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675