DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is in response to the claims filed on 01/05/2026.
Claims 1-14 are currently pending and have been examined below.
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 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kummer et al. (WO 2019105809) (hereinafter Kummer).
Claim 1
(Kummer discloses) A drive apparatus (figures 1-14) for a closure element (10) of a motor vehicle, wherein the drive apparatus comprises a drive train (figures 11-14) with two drive sections (section of 26 and section of 28), each comprising a drive connection (right end of 28 and left end of 26 as viewed in figure 11), wherein the drive sections are linearly movable with respect to each other in order to generate linear drive movements between the drive connections along a geometric axis (16) between a retracted position and an extended position (positions shown in figures 13-14), wherein an end stop (Annotated figure 14 below) is provided in order to limit the drive movement between the drive connections to the extended position (Annotated figure 14 below; Excerpt 1 from the abstract below), wherein the end stop has end stop faces movable toward each other on the drive sections (Annotated figure 14 below; figures 13-14) and a damping device (96) which, during a drive movement into the end stop, damps the drive movement in a manner which is dependent on a speed drive movement (Excerpt 1 below), wherein the damping device has a damping element (106b; figure 12) which, during the drive movement, is plastically deformable by an axial impact of the end stop faces on each other (as part of 97; Excerpt 1 below) or on an intermediate element (104), wherein the plastically deformable damping element is an axially fixed, radially outwardly facing projection of a train component (108) of a first drive section (97) of the two drive sections,
wherein the damping element is of one-piece design with the first drive section (see 106b and 97 as a one-piece design parts; figure 12).
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Annotated figure 14
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Excerpt 1
Claim 2
(Kummer discloses) The drive apparatus as claimed in claim 1, wherein the drive section having the damping element comprises a rod (108) forming the train component, and a second drive section (drive section 28) of the two drive sections comprises a tube (tube part of 28; figure 11), wherein the rod is in sliding and/or screwing engagement with an inside of the tube (figures 13-14) and that the damping element is an axially fixed component of the rod (figure 12).
Claim 3
(Kummer discloses) The drive apparatus as claimed in claim 2, wherein the radially outwardly facing projection is made of metal (Excerpt 2 from page 6 below) and/or is furthermore rotationally fixed with respect to the train component (figure 12).
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Excerpt 2
Claim 4
(Kummer discloses) The drive apparatus as claimed in claim 1, wherein the intermediate element is made of metal and/or is rotationally fixed with respect to the train component (see 104 rotationally fixed with respect to the train component in figure 11; note that this was interpreted as an “or” clause therefore only one of the options is required to be taught by the prior art), and/or that a guide element (102) is made of plastic and/or is rotatable with respect to the train component (figures 11-14).
Claim 5
(Kummer discloses) The drive apparatus as claimed in claim 2, wherein the damping element (97) forms one of the end stop faces (Annotated figure 14 above).
Claim 6
(Kummer discloses) The drive apparatus as claimed in claim 1, wherein the plastically deformable damping element is a circumferential collar (figure 11).
Claim 7
(Kummer discloses) The drive apparatus as claimed in claim 2, wherein the rod is a spindle of a spindle/spindle nut mechanism (figure 11).
Claim 8
(Kummer discloses) The drive apparatus as claimed in claim 7, wherein the tube (tube part of 28) is a spindle nut tube (figure 11) which is connected in an axially fixed manner to a spindle nut (nut part of 28) of the spindle/spindle nut mechanism (figures 11 and 14).
Claim 9
(Kummer discloses) The apparatus as claimed in claim 3, wherein the radially outwardly facing projection (106b) is furthermore designed in one piece with the train component (108).
Claim 10
(Kummer discloses) The drive apparatus as claimed in claim 9, wherein the radially outwardly facing projection is part of a shoulder (Annotated figure 14 above) for axially securing a stop washer or sleeve (104) which forms the intermediate element between the end stop faces (see 106b axially securing the sleeve 104 which forms the intermediate element), and/or of a guide element (102) arranged axially outside the end stop for axial guidance in the tube (Annotated figure 14 above).
Claim 11
(Kummer discloses) The drive apparatus as claimed in claim 10, wherein the radially outwardly facing projection is formed by a groove (the projections are formed next to a groove of 108 in figure 12) introduced into the shoulder (Annotated figure 14 above).
Claims 12 and 13
(Kummer discloses) The drive apparatus as claimed in claim 5, wherein the damping element forms one of the end stop faces (Annotated figure 14 above) wherein the other end stop face is formed on the inside of the tube (the other end face is formed inside the tube of 28) and is formed
by at least one radially inwardly facing projection (Annotated figure 14 above).
Claim 14
(Kummer discloses) The drive apparatus as claimed in claim 13, wherein the at least one
radially inwardly facing projection (Annotated figure 14 above) is in contact with an axial end (Annotated figure 14 above) of a spindle nut (figure 14).
Response to Arguments
Amendments directed to the drawing objections, claim objections and 112 rejections were considered.
This response is directed to applicant’s arguments on pages 2-4 of the Remarks section. Applicant's arguments filed on 01/05/2026 have been fully considered. Regarding “However, the energy absorption sleeve 98 is a bushing mounted on the spindle 26 (page 17, line 15 of Kummer). Thus, the energy absorption sleeve 98 is at most axially secured on the spindle 26, but it is not an axially fixed part of the spindle 26” (page 2 of the Remarks section). This is not persuasive as applicant argues that the sleeve 98 is not ‘axially fixed part of the spindle 26’, however the claims merely recite that the damping element is of one-piece design with ‘the first drive section’. A ‘section’ is significantly broader than a spindle, additionally claim 1 is also introducing this new section as such new interpretations were presented in the rejection above and these arguments and amendments were found unpersuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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 PATRICK B PONCIANO whose telephone number is (571)272-9910. The examiner can normally be reached M-F 6:30-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at (571) 270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK B. PONCIANO/Examiner, Art Unit 3634
/DANIEL P CAHN/Supervisory Patent Examiner, Art Unit 3634