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 .
The examiner acknowledges applicant’s amendments to claims 1-4, 6, 8-10, and 13-15 and the cancellation of claims 5, 11, and 12 filed July 29, 2026. Claim 7 is withdrawn.
Claim Objections
Claims 6 and 15 are objected to because of the following informalities:
In regards to claim 6, the claim should read as follows after the preamble: “wherein the stator concentrically encloses the rotor with the dividing wall of the housing separating the dry chamber from the wet chamber.”
In regards to claim 15, line 2, the phrase “a dividing wall” should be changed to “the dividing wall.”
Appropriate correction is required.
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.
Claims 1-4, 6, 8-10, and 13-15 are 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.
In regards to claim 1, the relationship between the electronic unit and the electrical component carrier is unclear from the claim language. Specifically, the claim suggests that the electronic unit includes the electrical component carrier, when Paragraph 33 of the specification states that the electronic component carrier includes the same components as the electronic unit, i.e. the electronic unit and the electronic component carrier are the same element. For examination purposes, the claim will be given a broad interpretation.
In regards to claim 6, the relationship between the “dividing wall” in claim 6 and the “dividing wall” in claim 1 is unclear from the claim language. It is understood from the specification that the “dividing wall” of claim 6 is equivalent to the “dividing wall” of claim 1, and will be examined as such. See claim objections above.
In regards to claim 13, the claim depends from canceled claim 5. Furthermore, it is unclear what structure applicant considers as the “wall” in claim 5 and how this “wall” relates to the structure recited in claim 1. For examination purposes, the claim will be examined as depending from claim 1 and will be given a broad interpretation.
In regards to claim 15, the relationship between the “dividing wall” in claim 6 and the “dividing wall” in claim 1 is unclear from the claim language. It is understood from the specification that the “dividing wall” of claim 6 is equivalent to the “dividing wall” of claim 1, and will be examined as such. See claim objections above.
In regards to claims 2-4, 8-10, and 14, these claims are rejected under 35 U.S.C. 112(b) because the claims depend from claim 1.
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, 3, 4, 6, 8, 13, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al. (US Pub. No. 2022/0006360).
In regards to claim 1, Wang et al. discloses a drive device comprising: a housing (Figure 1) made of plastic (including at least element 40 that is made of plastic, Paragraph 21), and an electro motive drive having a stator 50 and a rotor 70, wherein the stator is arranged in a dry chamber of the housing (chamber of housing in which the stator is located in Figure 4 and which includes portion 44, with the chamber considered as dry because the chamber is substantially enclosed) and the rotor is arranged in a wet chamber of the housing (chamber of the housing in which the rotor is located in Figure 4, with the chamber considered as wet because of opening 12 in Figure 4), and wherein the dry chamber accommodates, in addition to the stator, an electronic unit (Figure 4), wherein the electronic unit is designed as an electrical component carrier (bottom portion of housing element 40 including plate 42 and chamber 44, Figure 4) having a carrier plate 42 made of plastic (made of plastic because it is part of element 40, Paragraph 21) and a conductor track structure (component 90 is a circuit board, and circuit boards are known to have conductor tracks or traces), wherein the housing comprises a base part, which forms the plastic carrier plate (Figure 4), a cover 10, and a dividing wall 60, wherein the dividing wall separates the wet chamber from the dry chamber (Figure 4). The examiner would like to note that the “motor vehicle” portion of the preamble is considered as intended use.
In regards to claim 3, Wang et al. discloses that the electrical component carrier accommodates electrical and electronic components and the stator (Figure 4).
In regards to claim 4, Wang et al. discloses that the stator is electrically connected to the conductor track structure (electrically connected to the circuit board 90, and therefore, the conductor track structure of the circuit board, such that the drive is controlled by the circuit board).
In regards to claim 6, Wang et al. discloses that the stator concentrically encloses the rotor with the dividing wall of the housing separating the dry chamber from the wet chamber (Figure 4).
In regards to claim 8, Wang et al. discloses that the rotor has a connected output shaft 601.
In regards to claim 13, Wang et al. discloses that the stator is mounted on a wall 422 (Figure 4).
In regards to claim 14, Wang et al. discloses that the dividing wall is arranged in an air gap between the stator and the rotor (the dividing wall has at least a portion that is arranged in the air gap between the stator and the rotor, Figure 4).
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(s) 1, 3, 4, 6, 8, 13, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsuda et al. (US Pub. No. 2017/0366062) in view of Wang et al. (US Pub. No. 2022/0006360).
In regards to claim 1, Matsuda et al. discloses a drive device comprising: a housing (Figure 1) made of resin (having at least a portion that is made of resin, Paragraphs 19 and 26), and an electromotive drive having a stator 122 and a rotor 11, wherein the stator is arranged in a dry chamber of the housing (chamber of housing in which the stator is located in Figure 1, with the chamber considered as dry because the chamber is substantially enclosed) and the rotor is arranged in a wet chamber of the housing (chamber of the housing in which the rotor is located in Figure 1, with the chamber considered as wet because of the opening for shaft 111, Figure 1), and wherein the dry chamber accommodates, in addition to the stator, an electronic unit (Figure 1), wherein the electronic unit is designed as an electrical component carrier (portion of housing having circuit board 123 and element 15, Figure 1) having a carrier plate (see Figure 1 below) made of resin and a conductor track structure (component 123 is a circuit board, and circuit boards are known to have conductor tracks or traces), wherein the housing comprises a base part, which forms the carrier plate (Figure 1), a cover 121, and a dividing wall 213, wherein the dividing wall separates the wet chamber from the dry chamber (Figure 1). Matsuda et al. fails to disclose that the housing and the carrier plate are made of plastic. Wang et al. teaches a drive device having a housing (Figure 1) and a carrier plate 42 that are made of plastic (the housing includes at least element 40 that is made of plastic, Paragraph 21, and the carrier plate is part of element 40, and is therefore made of plastic). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to specify that the housing and the carrier plate are made of plastic, with reasonable expectation of success, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended used as a matter of obvious design choice. The examiner would like to note that the “motor vehicle” portion of the preamble is considered as intended use.
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In regards to claim 3, Matsuda et al. discloses that the electrical component carrier accommodates electrical and electronic components and the stator (Figure 1).
In regards to claim 4, Matsuda et al. discloses that the stator is electrically connected to the conductor track structure (electrically connected to the circuit board 123, and therefore, the conductor track structure of the circuit board, such that the drive is controlled by the circuit board).
In regards to claim 6, Matsuda et al. discloses that the stator concentrically encloses the rotor with the dividing wall of the housing separating the dry chamber from the wet chamber (Figure 1).
In regards to claim 8, Matsuda et al. discloses that the rotor has a connected output shaft 111.
In regards to claim 13, Matsuda et al. discloses that the stator is mounted on a wall 222 (Figure 1).
In regards to claim 14, Matsuda et al. discloses that the dividing wall is arranged in an air gap between the stator and the rotor (the dividing wall has at least a portion that is arranged in the air gap between the stator and the rotor, Figure 1).
Claim(s) 2, 9, 10, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US Pub. No. 2022/0006360) in view of Brackmann (DE 3406116 A1).
In regards to claims 2 and 10, Wang et al. discloses an output shaft 601 that is rotated by the electromotive drive to rotate an element 30, but fails to disclose that the drive device is used with a locking mechanism to rotate an element of the locking mechanism, such that the housing is closed except for an inlet opening for the locking mechanism. Brackmann teaches a motor vehicle locking device including a housing 6 on which a drive device is connected (Figure 2 and Paragraph 21 of the Computer Generated Translation), with the housing being closed except for an inlet opening for the locking mechanism 2, 3 (the inlet opening extending from the mouth 7 in Figure 1 to the location of reference character 6 in Figure 1, with the remaining portions of the housing being closed by the sidewalls shown in Figure 1 and the top wall shown in Figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant's invention to utilize the drive device of Wang et al. to cooperate with the housing and the components of Brackmann, such that the housing of the drive device and the housing of Brackmann create a housing unit and such that the drive device is used to rotate lever 5 associated with the locking mechanism, with reasonable expectation of success, since the output shaft of Wang et al. is capable of rotating the lever 5 of Brackmann to effect the state of the locking mechanism.
In regards to claim 9, Wang et al. in view of Brackmann teaches an operating lever 5 (Brackmann), wherein the output shaft is coupled directly or indirectly to the operating lever (Figure 2 and Paragraph 21 of the Computer Generated Translation of Brackmann).
In regards to claim 15, Wang et al. discloses an axial end of the output shaft (end in portion 610, Figure 4) is supported by the dividing wall of the housing that separates the dry chamber from the wet chamber (Figure 4).
Claim(s) 2, 9, 10, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsuda et al. (US Pub. No. 2017/0366062) in view of Brackmann (DE 3406116 A1).
In regards to claims 2 and 10, Matsuda et al. discloses an output shaft 111 that is rotated by the electromotive drive, but fails to disclose that the drive device is used with a locking mechanism to rotate an element of the locking mechanism, such that the housing is closed except for an inlet opening for the locking mechanism. Brackmann teaches a motor vehicle locking device including a housing 6 on which a drive device is connected (Figure 2 and Paragraph 21 of the Computer Generated Translation), with the housing being closed except for an inlet opening for the locking mechanism 2, 3 (the inlet opening extending from the mouth 7 in Figure 1 to the location of reference character 6 in Figure 1, with the remaining portions of the housing being closed by the sidewalls shown in Figure 1 and the top wall shown in Figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant's invention to utilize the drive device of Matsuda et al. to cooperate with the housing and the components of Brackmann, such that the housing of the drive device and the housing of Brackmann create a housing unit and such that the drive device is used to rotate lever 5 associated with the locking mechanism, with reasonable expectation of success, since the output shaft of Matsuda et al. is capable of rotating the lever 5 of Brackmann to effect the state of the locking mechanism.
In regards to claim 9, Matsuda et al. in view of Brackmann teaches an operating lever 5 (Brackmann), wherein the output shaft is coupled directly or indirectly to the operating lever (Figure 2 and Paragraph 21 of the Computer Generated Translation of Brackmann).
In regards to claim 15, Matsuda et al. discloses an axial end of the output shaft (end supported by portion 211 in Figure 1) is supported by the dividing wall of the housing that separates the dry chamber from the wet chamber (Figure 1).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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. The new rejections under 35 U.S.C. 102(a)(1) and 103 set forth in the current Office Action are based on applicant’s amendments to claim 1.
In light of applicant’s amendments to the claims, the claim objections and most of the rejections under 35 U.S.C. 112(b) set forth in the previous Office Action are withdrawn. A portion of the rejection of claim 1 under 35 U.S.C. 112(b) set forth in Paragraph 10 of the previous Office Action has been maintained since the claim was not amended to address this rejection and no remarks were presented regarding this rejection.
In light of applicant’s amendments to the claims, new claim objections and rejections under 35 U.S.C. 112(b) are set forth in the current Office Action.
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 ALYSON MERLINO whose telephone number is (571)272-2219. The examiner can normally be reached Monday - Friday 7 AM to 3 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine 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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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 September 29, 2026
