DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office 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 .
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 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.
Response to Arguments
Applicant’s arguments from the response filed on 14 July 2026 have been fully considered and will be addressed below in the order in which they appeared.
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim(s) 1, 5-9, and 14-16 are rejected are rejected under 35 U.S.C. 102(a)(1)as being unpatentable over 暮林 勢人 (JP 5450021).
Regarding claim 1, 暮林 勢人 discloses a motor vehicle lock comprising:
a locking mechanism including a rotary latch (12) and a pawl (13),
a combined opening/closing drive (27) for the locking mechanism, and a drive pawl (26c) for directly engaging the locking mechanism,
wherein the combined opening/closing drive engages the drive pawl to move the drive pawl in an opening direction (image 9 of 16) for directly engaging the pawl and in an opposite closing direction for directly engaging the rotary latch (image 10 of 16 ), and
wherein the drive pawl comprises a toothed segmented wheel (26b) which is rotatable about an axis (center of 26a)
wherein the drive pawl has an extension arm such that when the drive pawl moves in the opening direction the extension arm directly engages the pawl to move the locking mechanism to an open position (image 9 of 16), and when the drive pawl moves in the opposite closing direction the extension arm directly engages the rotary latch to move the locking mechanism to a main latching position (image 10 of 16).
2-4. (Cancelled)
Regarding claim 5, 暮林 勢人 discloses the motor vehicle lock according to claim 1, wherein a toothed segment (26b) of the drive pawl and the extension arm (26d) are arranged at an angular distance from one another.
Regarding claim 6, 暮林 勢人 discloses the motor vehicle lock according to claim 1, wherein the drive pawl (26c) further comprises a pot-shaped (instead of indefinite, taken broadly as any cross section) cross section with a central axis of rotation (center of 26a).
Regarding claim 7, 暮林 勢人 discloses the motor vehicle lock according to claim 1 further comprising a sensor (33) wherein the drive pawl has a contour for interaction with the sensor which queries (gear position detection) an angular position of the drive pawl.
Regarding claim 8, 暮林 勢人 discloses the motor vehicle lock according to claim 7, wherein the extension arm (26d) of the drive pawl is arranged in an unloaded state (image 11 of 16 as compared to image 16 of 16 observing gear teeth) in a parking region which engages neither on the pawl nor on the rotary latch.
Regarding claim 9, 暮林 勢人 discloses the motor vehicle lock according to claim 8, wherein the sensor (33) detects the parking region.
11. (Cancelled)
Regarding claim 14, 暮林 勢人 discloses the motor vehicle lock according to claim 1, wherein the combined opening/closing drive (27) moving the drive pawl (26c) in the opening direction (image 9 of 16) comprises pivoting the drive pawl about an axis (center of 26a) of rotation in a first direction, and the combined opening/closing drive moving the drive pawl in the closing direction comprises pivoting the drive pawl about the axis of rotation in a second direction (image 10 of 16 ) opposite from the first direction.
Regarding claim 15, 暮林 勢人 discloses a motor vehicle lock comprising:
a locking mechanism including a rotary latch (12) and a pawl (13),
a combined opening/closing drive (27) for the locking mechanism, and
a drive pawl (26c) for directly engaging the locking mechanism,
wherein the combined opening/closing drive engages the drive pawl to move the drive pawl in an opening direction (image 9 of 16 ) for directly engaging the pawl and in an opposite closing direction (image 10 of 16) for directly engaging the rotary latch, and
wherein the drive pawl has a toothing for engagement (26b) with a gear wheel of the combined opening/closing drive
wherein the drive pawl has an extension arm such that when the drive pawl moves in the opening direction the extension arm directly engages the pawl to move the locking mechanism to an open position (image 9 of 16), and when the drive pawl moves in the opposite closing direction the extension arm directly engages the rotary latch to move the locking mechanism to a main latching position (image 10 of 16).
Regarding claim 16, 暮林 勢人 discloses the motor vehicle lock according to claim 15, wherein the toothing (256b) is positioned on only one peripheral segment of the drive pawl that engages with the combined opening/closing drive (image 11 of 16).
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 12, and 13 are rejected under 35 U.S.C. 103(a) as being unpatentable over 暮林 勢人 (JP 5450021).
Regarding claim 12, 暮林 勢人 discloses the motor vehicle lock according to claim 7, wherein the sensor is connected to the drive pawl (26).
暮林 勢人 discloses substantially all the limitations of the claims except for the contour is positioned on a truncated cylinder.
It would have been obvious matter of design choice to one having ordinary skill in the art at the time the invention was made to make the different portions of the sensor a truncated cylinder of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results.
Regarding claim 13, 暮林 勢人 as modified by Atushi discloses the motor vehicle lock according to claim 12, wherein the truncated cylinder defines a central axis (located on an axis, any can be deemed central) of the drive pawl.
Claim 10 is rejected under 35 U.S.C. 103(a) as being unpatentable 暮林 勢人 (JP 5450021) in view of Garneau (US 2016/0130840).
Regarding claim 10, 暮林 勢人as modified by Garneau discloses the motor vehicle lock according to claim 1, wherein the drive pawl is a metal and/or plastics ([0078] molded part.
暮林 勢人does not disclose: drive pawl is a metal and/or plastics ([0078] molded part
Garneau teaches various components may be stamped from metal or injection molded from plastic ([0078; Garneau), for the purpose of choosing materials for cost consideration.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify 暮林 勢人 with various components may be stamped from metal or injection molded from plastic, as taught by Garneau for the expected benefit of choosing materials for cost consideration.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as it may affect the patentability of applicant’s claimed invention is listed on the attached PTO-892.
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 Thomas L. Neubauer whose telephone number is 571.272.4864. The examiner can normally be reached on Monday - Friday, 8:00 AM through 5:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina R. Fulton can be reached on 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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/T. L. N./
Examiner, Art Unit 3675
/KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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