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 .
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) 1, 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holloway US 6739633.
Regarding claim 1, Holloway discloses a drive assembly to move a cover assembly (fuel door) of a vehicle (see background of invention) relative to a housing (fuel filler housing, 300) between an open position (when door is open) and a closed position (when door is closed), the drive assembly comprising:
a drive pinion (24) configured to receive a drive shaft (26);
a cam pinion (28a,30a) meshed with the drive pinion (fig5-7), wherein the drive pinion is configured to rotate the cam pinion;
a gear-rack cam (34a) having a first end (right end of 34a, fig5) and a second end (left end of 34a, fig5), wherein the second end is meshed with the cam pinion (fig5), and wherein the gear-rack cam is configured to translate in response to rotation of the cam pinion; and
a flap lock (20/latch) configured to pivot relative to the housing between a locked state (moved forward) and an unlocked state (moved rearward/retracted), wherein the flap lock is pivotally connected to the second end of the gear-rack cam via a pivot connection (not labeled, see fig5); and
an override assembly (manual override, col.) operably coupled (via cable, fig5) to the second end of the gear-rack cam and configured to translate the gear-rack cam to move the flap lock from the locked state to the unlocked state. (col. 5 lines 37-43, fig5-7)
Regarding claim 7, Holloway discloses an actuating assembly for a cover assembly (fuel door) of a vehicle (see background of invention), the actuating assembly comprising:
a housing (fuel filler housing, 300) having a compartment (interior of said housing);
a drive assembly (24, 28a,30a,34a, 20/latch) coupled to the housing, wherein the drive assembly comprises a drive train (24,28a,30a,34a) that is configured to move the cover assembly relative to the housing between an open position and a closed position, and wherein the drive assembly is configured to secure the cover assembly in a locked state to cover the compartment; and
an override assembly (manual override, col. 5 lines 37-43) operably coupled to the drive train and configured to move the cover assembly from the locked state to an unlocked state.
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) 2-4, 8, 10-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holloway US 6739633 (hereinafter referred to as Holloway ‘633) as applied to claim 1 and 7 above, and further in view of Holloway US 6318771 (hereinafter referred to as Holloway ‘771).
Regarding claim 2, Holloway ‘633 teaches the drive assembly of claim 1, wherein the override assembly comprises a cable (60’) coupled to the second end of the gear rack cam, but does not teach how the operator actuates the cable, and therefore does not teach a handle, wherein the cable is coupled to the handle and to the second end of the gear-rack cam.
Holloway ‘771 teaches a drive assembly wherein the override assembly (56+60) comprises a handle (60) and a cable (56) wherein the cable is coupled to the handle.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the override assembly of Holloway ‘633 with the addition of the handle as taught by Holloway ‘771 in order to have a gripping means for the operator (Holloway ‘771 fig2).
Regarding claim 3, the combination of Holloway ‘633 and ‘771 further teaches the drive assembly of claim 2, wherein manipulation of the handle actuates the cable to move the flap lock from the closed position to the open position. (Holloway ‘633 fig5-7, Holloway ‘771 fig2)
Regarding claim 4, the combination of Holloway ‘633 and ‘771 further teaches the drive assembly of claim 2, wherein the cable comprises a wire (Holloway ‘633, not labeled, see wire inserted into housing, fig5) and an outer sheath (Holloway ‘633, not labeled, where 60 is referencing the cable in fig5), the wire being slidable within the outer sheath to transmit force between the handle and the second end of the gear-rack cam. (Holloway ‘633 fig5-7)
Regarding claim 8, Holloway ‘633 teaches the actuating assembly of claim 7, wherein the override assembly comprises a cable, wherein the cable is coupled to the drive train.
Holloway ‘633 does not explicitly teach the override assembly also including a handle (although it does discuss the operator manually actuating the cable), wherein the cable is coupled between the handle and the drive train.
Holloway ‘771 teaches an actuating assembly wherein the override assembly (56+60) comprises a handle (60) and a cable (56) wherein the cable is coupled between the handle and the drive train (gears, fig2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the override assembly of Holloway ‘633 with the addition of the handle as taught by Holloway ‘771 in order to have a gripping means for the operator (Holloway ‘771 fig2).
Regarding claim 10, the combination of Holloway ‘633 and ‘771 further teaches the actuating assembly of claim 8, wherein manipulation of the handle actuates the cable to allow the cover assembly to move from the closed position to the open position. (Holloway ‘633 fig5-7, Holloway ‘771 fig2)
Regarding claim 11, the combination of Holloway ‘633 and ‘771 further teaches the actuating assembly of claim 8, wherein the cable comprises a wire (Holloway ‘633, not labeled, see wire inserted into housing, and an outer sheath (Holloway ‘633, not labeled, where 60 is referencing the cable in fig5), the wire being slidable within the outer sheath to transmit force between the handle and the drive train. (Holloway ‘633 fig1-7)
Regarding claim 13, the combination of Holloway ‘633 and ‘771 further teaches the actuating assembly of claim 7, wherein the drive train comprises a cover linkage assembly (34a, Holloway ‘633) that is configured to secure the cover assembly in the locked state and a gear assembly (24,28a,30a) that is operably connected to the cover linkage assembly. (Holloway ‘633 fig1-7)
Regarding claim 14, the combination of Holloway ‘633 and ‘771 further teaches the actuating assembly of claim 13, wherein the gear assembly comprises: a drive pinion (24, Holloway ‘633) configured to receive a drive shaft (26, Holloway ‘633); and a cam pinion (28a,30a, Holloway ‘633) meshed with the drive pinion. (Holloway ‘633 fig1-7)
Regarding claim 15, the combination of Holloway ‘633 and ‘771 further teaches the actuating assembly of claim 14, wherein the cover linkage assembly comprises a flap lock (20, Holloway ‘633) and a gear-rack cam (34a, Holloway ‘633) having a first end (right most end, Holloway ‘633) and a second end (left most end, Holloway ‘633), wherein the flap lock is pivotally connected to the second end of the gear-rack cam via a pivot connection (see fig5, Holloway ‘633) and is configured to pivot about an axis (see fig1-7, not labeled, axis being perpendicular to the longitudinal length of housing, Holloway ‘633) relative to the housing.
Regarding claim 16, the combination of Holloway ‘633 and ‘771 further teaches the actuating assembly of claim 15, wherein the gear-rack cam is configured to mesh with the cam pinion, the gear-rack cam being configured to translate in response to rotation of the cam pinion. (Holloway ‘633 fig1-7)
Regarding claim 17, the combination of Holloway ‘633 and ‘771 further teaches the actuating assembly of claim 16, wherein the flap lock is configured to pivot about an axis (not labeled, see pivot point in fig5, Holloway ‘633) in response to translation of the gear-rack cam, the flap lock moving between the locked state and the unlocked state. (Holloway ‘633 fig1-7)
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holloway US 6739633 (hereinafter referred to as Holloway ‘633) and Holloway US 6318771 (hereinafter referred to as Holloway ‘771) as applied to claim 8 above and further in view of Niwa et al. US 8807603.
Regarding claim 9, the combination of Holloway ‘633 and ‘771 further teaches the actuating assembly of claim 8, with a handle but does not specific wherein the handle is a pull loop.
Niwa teaches an actuating assembly with a handle (172) wherein the handle is a pull loop (fig1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the handle of the combined device of Holloway ‘633 and ‘771 to be a pull loop as taught by Niwa in order to provide a more ergonomic grip for the operator to operate the handle. (Niwa fig1)
Claim(s) 12, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holloway US 6739633 (hereinafter referred to as Holloway ‘633) and Holloway US 6318771 (hereinafter referred to as Holloway ‘771) as applied to claim 8 above and further in view of Goffena US 5765447.
Regarding claim 12, the combined device of Holloway ‘633 and ‘771 teaches the actuating assembly of claim 11, with the outer sheath however does not teach the specific type of cable used, wherein the outer sheath comprising an inner lining, a longitudinally incompressible layer, and a protective outer covering
Goffena teaches an actuating assembly comprising a cable, wherein the outer sheath (13+20+17+11) comprises: an inner lining (20); a longitudinally incompressible layer (17); and a protective outer covering (13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the combined device of Holloway ‘633 and ‘771 with the cable outer sheath comprising an inner lining, a longitudinally incompressible layer, and a protective outer covering as taught by Goffena in order to reduce the friction on the cable as it operates (Goffena, background)
Regarding claim 20, the combined device of Holloway ‘633 and ‘771 and Goffena teaches the actuating assembly of claim 12, wherein the compartment is: a charging compartment; a fueling compartment (Holloway ‘633); or a service compartment of the vehicle. (Holloway ‘633 fig1-7)
Allowable Subject Matter
Claims 5-6 and 18-19 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.
Regarding claim 5 and 18, references of record although teach a manual override system, and in some instances an override system with electrical components, references of record do not explicitly teach the limitations of the preceding respective claim(s) and the powered override actuator configured to pull the cable in response opt a control signal. The motor in Holloway ‘633 can be considered a powered actuator however it does not pull the cable but move the drive shaft instead. Examiner can find no reason to combine or modify references of record without the use of impermissible hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Art is related to drive or actuator assemblies.
PTO892 lists related but not relied upon prior art: US 0609570, US 3332713, US 12221809.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARIA F. AHMAD whose telephone number is (571)270-1334. The examiner can normally be reached Monday - Friday 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine M. Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.F.A./
Examiner
Art Unit 3675
/CHRISTINE M MILLS/ Supervisory Patent Examiner, Art Unit 3675