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 .
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.
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on February 2, 2026 is acknowledged.
The examiner agrees that claims 1-6 and 8-15 are readable on the elected species, and therefore, claim 7 is withdrawn.
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 more than one electromotive drive, as suggested by the phrase “at least one electromotive drive” in claim 1, the device including more than one electronic unit, as suggested by the phrase “at least one electronic unit” in claim 1, the device including more than one carrier plate, as suggested by the phrase “at least one carrier plate” in claim 1, and the indirect connection between the output shaft and the operating lever, as recited in claim 9, must be shown or the feature(s) canceled from the claim(s). 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 Objections
Claims 6 and 12 are objected to because of the following informalities:
In regards to claim 6, line 3, the word “interposed” should be removed.
In regards to claim 12, line 2, the word “includes” should be changed to “forms.”
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 1-6 and 8-15 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, it is unclear how the device operates with more than one electromotive drive. For examination purposes, the claim will be examined as reciting “an electromotive drive.”
In regards to claim 1, it is unclear how the device operates with more than one electronic unit since the specification states that the electronic unit includes components 9, 12, and 13. Furthermore, 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. For examination purposes, the claim will be given a broad interpretation.
In regards to claim 1, it is unclear how the device can include more than one carrier plate 9, when the device is shown and described as including one carrier plate. For examination purposes, the claim will be examined as reciting “a carrier plate.”
In regards to claim 5, the relationship between the wall, the electrical component carrier, and the carrier plate is unclear from the claim language. It is understood from the specification that the carrier plate is the wall of the dry chamber recited in claim 5, and that the wall is designed as a part of the electrical component carrier since the specification states that the electrical component carrier includes components 9, 12, and 13. For examination purposes, the claim will be examined as best understood.
In regards to claim 9, it is unclear how the output shaft is indirectly coupled to the operating lever, when Figure 1 shows the operating lever directly coupled to the output shaft. For examination purposes, the claim will be examined as written.
In regards to claim 12, the phrase “the base part includes the carrier plate” suggests that the device includes a base part and a carrier plate, when it is understood from the specification and drawings that the base part is the carrier plate or that the base part forms the carrier plate, and will be examined as such. See claim objections above.
In regards to claims 2-4, 6, 8, 10, 11, and 13-15, these claims are rejected under 35 U.S.C. 112(b) because they 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, 11, 12, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leykamm (DE 102019200213 A1).
In regards to claim 1, Leykamm discloses a drive device comprising: a housing (Figure 1) made of plastic (at least portion 3 of the housing is made of plastic, Paragraph 1 of the Computer Generated Translation), an electromotive drive (Figure 1) having a stator 2 and a rotor 6, wherein the stator is arranged in a dry chamber 10 of the housing (considered dry because the chamber is enclosed by components 7 and 3, Figure 1) and the rotor is arranged in a wet chamber 9 of the housing (considered wet because there is an opening in component 15 surrounding the shaft 18, Figure 1), and wherein the dry chamber accommodates, in addition to the stator, an electronic unit 7,12, and wherein the electronic unit is designed as an electrical component carrier (Figure 1) having a carrier plate 7 made of plastic (carrier plate includes circuit board 12, which is made of plastic, and therefore, the carrier plate 7 includes or is made of plastic) and a conductor track structure (component 12 is a circuit board, and circuit boards are known to have conductor tracks or traces). The examiner would like to note that the “motor vehicle” portion of the preamble is considered as intended use.
In regards to claim 3, Leykamm discloses that the electrical component carrier accommodates electrical and electronic components (electrical and electronic components of the circuit board 12).
In regards to claim 4, Leykamm discloses that the stator is electrically connected to the conductor track structure (electrically connected to the circuit board 12, and therefore, the conductor track of the circuit board, such that the drive is controlled by the circuit board).
In regards to claim 6, Leykamm discloses that the stator concentrically encloses the rotor with a dividing wall 3 of the housing that separates the dry chamber from the wet chamber (Figure 1).
In regards to claim 8, Leykamm discloses that the rotor has a connected output shaft 18.
In regards to claim 11, Leykamm discloses that the housing comprises a base part 7, a cover 15, and a dividing wall 3, wherein the dividing wall separates the wet chamber from the dry chamber (Figure 1).
In regards to claim 12, Leykamm discloses that the base part forms the carrier plate of the electrical component carrier.
In regards to claim 14, Leykamm 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 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) 2, 5, 9, 10, 13, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leykamm (DE 102019200213 A1) in view of Brackmann (DE 3406116 A1).
In regards to claims 2 and 10, Leykamm discloses an output shaft 18 that is rotated by the electromotive drive, but fails to disclose that the drive device is used with a 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 locate the drive device of Brackmann on the housing of Leykamm, such that the housing of the drive device and the housing of Leykamm 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 Leykamm is capable of rotating the cam of Brackmann to effect the state of the locking mechanism.
In regards to claim 5, Leykamm discloses that the carrier plate 7 forms a wall of the dry chamber and is designed partially as the electrical component carrier (Figure 1).
In regards to claim 9, Leykamm 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 13, Leykamm discloses that the stator is mounted on the wall (Figure 1).
In regards to claim 15, Leykamm discloses that an axial end (end cooperating with component 13 in Figure 1) of the output shaft is supported by a dividing wall 3 of the housing that separates the dry chamber from the wet chamber.
Conclusion
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 May 27, 2026
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