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 .
Status of Claims
This action is in reply to the Applicant’s claims, filed on 08/08/2024.
Claims 1-20 are currently pending and have been examined.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the circular geometry relationships recited in claim 5 must be shown or the feature(s) canceled from the claim(s). In particular, the drawings do not clearly illustrate the limitations recited in claim 5 for: the first lower connecting portion coinciding with a center of circle of the first circular arc, the second lower connecting portion coinciding with a center of circle of the second circular arc and the first upper smooth section extending from one end of the first curved section in a direction away from the center of circle of the first circular arc, the second upper smooth section extending from one end of the second curved section in a direction away from the center of circle of the second circular arc; and the first lower smooth section extending from one end of the first curved section in a direction proximate to the center of circle of the first circular arc, and the second lower smooth section extending from one end of the second curved section in a direction proximate to the center of circle of the second circular arc. The relationship of the arcs to the center of the circles should be shown to further clarify the claim limitations. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 7 is 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 7 recites the limitation "a power device" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination, the Examiner reads “a power device” as the power device of claim 4.
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 1-4, and 7-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ilardo et al. (US12,146,362).
Claim 1. Ilardo discloses: A charging port or fueling port cover assembly (10 vehicle door assembly for electric charge port, Fig. 1-8), comprising:
a housing (16 bracket, Fig. 1) having a working area (19 main plate, Fig. 2-3) and a linkage mating area (surface of main plate where vertical slots in 16 where 31 and 32 are coupled, Fig. 1);
a cover (14 port flap, Fig. 1-8) movable relative to the housing (Fig. 7-8) and having an open position (Fig. 3, 8) and a closed position (Fig. 2, 7), the cover covering the working area in the closed position (Fig. 3, 8) and exposing the working area in the open position (Fig. 3, 8); and
a linkage mechanism ( 31 first lever or 32 second lever, Fig. 1-3) passing through the linkage mating area to be connected to the cover (Fig. 1-3), the linkage mechanism being movable in the linkage mating area to drive the cover to move between the open position and the closed position (Fig. 1-8),
wherein the cover is configured to be translatable from one to the other of the open position and the closed position (flap translates between Fig. 7 and Fig. 8).
Claim 2. Ilardo discloses: The charging port or fueling port cover assembly of claim 1, wherein the linkage mechanism comprises a first connecting rod (37 leg, Fig. 7-8) and a second connecting rod (end of 32 leg is proximate to 34 bracket end, Fig. 7-8), the first connecting rod and the second connecting rod being staggered (37 and 32 are staggered, Fig. 7-8).
Claim 3. Ilardo discloses: The charging port or fueling port cover assembly of claim 2, wherein the housing comprises a linkage receiving area (implicit area behind 19 plate, Fig. 2, 7; opening in a vehicle; Col. 3, line 55-58) connected to the linkage mating area (area behind 19 is coupled to the vertical slots in 16 via implicit vehicle body, Fig. 1-3), and at least a portion of each of the first connecting rod and the second connecting rod is capable of entering the linkage receiving area when the cover is in the closed position (Fig. 7).
Claim 4. Ilardo discloses: The charging port or fueling port cover assembly of claim 2, wherein the first connecting rod comprises
a first upper connecting portion (35 flap end, Fig. 7-8),
a first gooseneck portion (39 transverse section, Fig. 7-8) and
a first lower connecting portion (33 bracket end, Fig. 7-8),
the first upper connecting portion being hinged to the cover (35 is hinged, Fig. 7-8; Col. 5, lines 8-12),
the second connecting rod comprises
a second upper connecting portion (36 flap end, Fig. 7-8),
a second gooseneck portion (42 curved portion, Fig. 7-8) and a
second lower connecting portion (34 bracket end, Fig. 7-8),
the second upper connecting portion being hinged to the cover (36 is hinged, Fig. 7-8; Col. 5, lines 8-12);
at least one of the first lower connecting portion and the second lower connecting portion is connected to a power device (18 motorized actuation mechanism is coupled to 33, Fig. 7-8); and
a connecting shaft for the first upper connecting portion and the cover (implicit hinged connection between 35 and 14, Fig. 7-8) and
a connecting shaft for the second upper connecting portion and the cover (implicit hinged connection between 36 and 14, Fig. 7-8) are arranged non-coaxially (35 and 36 are non-coaxial, Fig. 7-8).
Claim 7. Ilardo discloses: The charging port or fueling port cover assembly of claim 4, further comprising:
a power device (18 motorized actuation mechanism, Fig. 7-8), wherein one of the first lower connecting portion and the second lower connecting portion is connected to the power device (18 motorized actuation mechanism is coupled to 33 and 34, Fig. 7-8) and is configured to be driven by the power device to rotate, so as to drive the corresponding connecting rod to rotate (33 is rotated by 18, Fig. 8; Col. 6, lines 15-17), and the other thereof is hinged to the housing (34 is pivotally coupled to the housing, Fig. 8).
Claim 8. Ilardo discloses: The charging port or fueling port cover assembly of claim 1, wherein
the linkage mating area is arranged upstream or downstream of the working area in a movement direction of the cover (surface of main plate where vertical slots in 16 where 31 and 32 are coupled is downstream, Fig. 1-8).
Claim 9. Ilardo discloses: The charging port or fueling port cover assembly of claim 4, wherein
the linkage mating area comprises at least one linkage opening penetrating the housing (vertical slots in 16 where 31 and 32 pass thru, Fig. 1), the linkage opening having an inside edge proximate to the working area, and the inside edge extending smoothly (slot has inside edge proximate to 19 and is smooth, Fig. 1).
Claim 10. Ilardo discloses: The charging port or fueling port cover assembly of claim 9, wherein at the linkage opening, an outer surface of the first curved section coincides with an outer surface of the second curved section (vertical slot and outer surfaces of 31 and 32 coincides, Fig. 1).
Claim 11. Ilardo discloses: The charging port or fueling port cover assembly of claim 4, wherein the linkage mating area comprises two linkage openings penetrating the housing, the two linkage openings being configured to receive the first connecting rod and the second connecting rod, respectively (plurality of vertical slots receiving 37 and 32, Fig. 1-8).
Claim 12. Ilardo discloses: The charging port or fueling port cover assembly of claim 1, wherein the cover has a first side portion (exterior surface of 14, Fig. 1-8) and a second side portion (internal surface of 14, Fig. 1-8); and in a direction of moving the cover from the closed position to the open position, the first side portion is located upstream of the second side portion (exterior is upstream of interior in the direction of moving, Fig. 1-8), and the connection of the linkage mechanism and the cover is proximate to the second side portion (31 and 32 are coupled to interior surface of 14, Fig. 1-8).
Claim 13. Ilardo discloses: The charging port or fueling port cover assembly of claim 2, wherein a substantially arc-shaped trajectory is formed by translational movement of the cover between the closed position and the open position (closed to open is arc-shaped via rotational movement of 31 and 32, Fig. 7-8).
Claim 14. Ilardo discloses: The charging port or fueling port cover assembly of claim 1, wherein the working area has a working opening for mounting a charging port or a fueling port (19 comprises 20 central opening for charge port access, Fig. 3; Col. 4, liens 4-10).
Claim 15. Ilardo discloses: The charging port or fueling port cover assembly of claim 4, wherein the first connecting rod and the second connecting rod have substantially the same shape (37 and 32 are substantially the same, Fig. 1-8).
Claim 16. Ilardo discloses: The charging port or fueling port cover assembly of claim 2, wherein the linkage mechanism further comprises a transmission device (18 motorized actuation mechanism, Fig. 7-8) connected to the first connecting rod and the second connecting rod (18 is coupled to 31 and 32, Fig. 7-8; Col. 4, line 65 – 67), the transmission device being configured such that as one of the first connecting rod and the second connecting rod moves, the other thereof is driven to move via the transmission device (Fig. 7-8; Col. 5, line 60 – Col. 7, line 38).
Claim 17. Ilardo discloses: The charging port or fueling port cover assembly of claim 16, wherein the transmission device is arranged at parts of the first connecting rod and the second connecting rod away from the cover (18 is coupled to 31 and 32 away from 14, Fig. 7-8).
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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Ilardo et al. (US12,146,362) in view of Betzen et al. (US10,336,183)
Claim 18. Ilardo discloses: The charging port or fueling port cover assembly of claim 16.
Ilardo does not disclose: wherein the transmission device is made of a rigid material.
Betzen discloses an opening and closing fuel door for a motor vehicle comprising of an actuating eccentric arm that is rigidly coupled to the gear to operate the fuel door.
Betzen teaches: the transmission device is made of a rigid material (26 arm is rigidly coupled to 24 gear to control fuel door, Fig. 5; Col. 4, lines 47-61).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have used a rigid material for the driving rod of Ilardo as taught Betzen with a reasonable expectation of success in order to be rigidly coupled to the linkages and transfer the rotational movement as taught by Betzen (Fig. 5; Col. 4, lines 47-61).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Ilardo et al. (US12,146,362) in view of Schaafsma et al. (US12,006,751).
Claim 19. Ilardo discloses: The charging port or fueling port cover assembly of claim 16.
Ilardo does not disclose: a connecting member, two ends of the connecting member being pivotally connected to the first connecting rod and the second connecting rod, respectively.
Schaafsma discloses a vehicle port door includes a housing and an interlocking linkage assembly. The interlocking linkage assembly is pivotably connected to the housing.
Schaafsma teaches: a connecting member (118 relay link, Fig. 1-3), two ends of the connecting member being pivotally connected to the first connecting rod and the second connecting rod, respectively (118 is pivotally coupled to 120 driver link and 122 driven link, Fig. 1-3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modify the linkage system of Ilardo with a rely link as taught Schaafsma with a reasonable expectation of success in order to rigidly coupled the linkages and transfer the rotational movement as taught by Schaafsma (Fig. 1-3; Col. 4, lines 1-27).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Ilardo et al. (US12,146,362) in view of Forestieri et al. (US2024/0424970).
Claim 20. Ilardo discloses: The charging port or fueling port cover assembly of claim 16.
Ilardo does not disclose: the transmission device comprises a first gear, a second gear and at least one third gear, the first gear being fixedly connected to the first connecting rod, the second gear being fixedly connected to the second connecting rod, and the at least one third gear being meshable with the first gear and the second gear.
Forestieri discloses an opening and closing pantograph mechanism actuated by a motor via a pinion gear meshing with gear wheels attached to drive levers.
Forestieri teaches: the transmission device (40 motor, Fig. 6-7) comprises a first gear (42 pinion gear, Fig. 7), a second gear and at least one third gear (plurality of 32 gear wheels, Fig. 7-8), the first gear being fixedly connected to the first connecting rod (32 is coupled to 24 drive lever, Fig. 7-8) , the second gear being fixedly connected to the second connecting rod (a different 32 is coupled to a different 24 drive lever, Fig. 7-8), and the at least one third gear being meshable with the first gear and the second gear (42 meshes with a plurality of 32s, Fig. 7-8; [0036]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted the motor of Ilardo with the motor and gears of Forestieri with a reasonable expectation of success in order to actuate the movement of the linkages by gears as taught by Forestieri ([0036]) because both perform the same function in similar contexts. Such a substitution represents the use of a known element according to its established function, and the results would have been predictable. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Allowable Subject Matter
Claims 5 and 6 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hegwein et al. (US12,152,421) discloses an actuating mechanism for actuating a charging or fueling flap on a charging or fueling compartment received on or in a body component of a vehicle, wherein the charging or fueling flap is reversibly movable between a closed position and an open position. Hegwein does not disclose the circular geometry relationship of claim 5.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daniel Craig whose telephone number is (571)270-0747. The examiner can normally be reached M-Thurs 8:00 AM to 5:00 PM CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara Schimpf can be reached at (571)270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL T CRAIG/Examiner, Art Unit 3676
/TARA SCHIMPF/Supervisory Patent Examiner, Art Unit 3676
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