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 06/03/2026.
Claims 1-16 are currently pending and have been examined below.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/03/2026 has been entered.
Claim Objections
Claim 15 is objected to because of the following informalities:
In line 17 of claim 15, “rod of the first drive section” should read --rod of the second drive section--.
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 2-3, 5, and 7-14 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.
Claim 2
Recitations such as “the drive section having the damping element” on lines 1-2 render the claims indefinite because it is unclear which of the two drive sections (introduced in claim 1) it is referring to.
Recitations such as “the train component” on line 2 render the claims indefinite because it is unclear which of the multiple train components it is referring to. If applicant is referring to the train component on line 14 of claim 1, perhaps applicant can amend this to recite --a rod forming the one of the train component--. Note that this issue is also present in claims 3-4, and 9.
All claims depending from a rejected claim are rejected for including the 112 issues of the claim from which it depends.
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.
Claims 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over Loeffler et al. (US 9260899) (hereinafter “Loeffler”).
Claim 1
(Loeffler discloses) A drive apparatus (1; figures 1 and 5) for a closure element (2) of a motor vehicle (figure 1), wherein the drive apparatus comprises a drive train (13) with two drive sections (3 and 4), each comprising a drive connection (5 and 6, respectively), wherein in the drive sections, the drive train comprises multiple train components (14-15 and 20) that are coupled to one another in a force-transmitting and/or torque transmitting manner (figure 5), so that 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 (see dashed line showing the longitudinal axis) between a retracted position and an extended position (figure 5 shows an extended position with a projected retracted position),
wherein an end stop (9) is provided in order to limit the drive movement between the drive connections to the extended position (figure 5; lines 11-14 of col. 5), wherein the end stop has end stop faces (Partial Annotated figure 5 below) movable toward each other on the drive sections and a damping device (10) which, during a drive movement into the end stop, damps the drive movement in a manner which is dependent on a speed of the drive movement (Excerpt 1 from col. 5 below), wherein the damping device has a damping element (11) which, during the drive movement, is plastically deformable by an axial impact of the end stop faces on each other (Annotated figure 5 and Excerpt 1 below) or on an intermediate element (this was interpreted as an ‘or’ clause therefore only one of the options is required to be taught by the prior art), wherein the plastically deformable damping element is an axially fixed, radially outwardly facing projection of one of the train components of a first drive section (4) of the two drive sections (figure 5).
The embodiment of Loeffler in figure 5 fails to disclose wherein the damping element is of one-piece design with the first drive section.
(However, an embodiment of Loeffler teaches) wherein a damping element (11) is of one-piece design with a first drive section (the first drive section was interpreted as the ‘drive component’ discussed in Excerpt 2 from cols. 2-3 below).
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 damping element of Loeffler such that it is integrated or in one-piece design with the first drive section as taught by the alternative embodiment of Loeffler for the expected and predictable benefits of high cost effectiveness and decrease in assembly time. Furthermore, the modification prevents separation of the damping element from the train component.
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Partial Annotated figure 5
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Excerpt 1
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Excerpt 2
Claim 2
(Loeffler, as modified above, discloses) The drive apparatus as claimed in claim 1, wherein the drive section having the damping element comprises a rod (15) forming the train component, and a second drive section of the two drive sections comprises a tube (14; lines 60-67 of col. 6), wherein the rod is in sliding and/or screwing engagement with an inside of the tube and that the damping element is an axially fixed component of the rod (figure 5).
Claim 3
(Loeffler, as modified above, discloses) The drive apparatus as claimed in claim 2, wherein the radially outwardly facing projection is made of metal (lines 7-9 of col. 7 discuss the damping element is made of aluminum foam material) and/or is furthermore rotationally fixed with respect to the train component (this is taught via the modification above).
Claim 4
(Loeffler, as modified above, 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, and/or that a guide element (19) is made of plastic and/or is rotatable with respect to the train component (the spindle nut 19 is rotatable with respect to the spindle 20; note that this claim recites many permutations via the ‘or’ clauses, examiner interpreted this claim by invoking the ‘or’ clause interpretation set forth above).
Claim 5
(Loeffler, as modified above, discloses) The drive apparatus as claimed in claim 2, wherein the damping element forms one of the end stop faces (Partial Annotated figure 5 above).
Claim 6
(Loeffler, as modified above, discloses) The drive apparatus as claimed in claim 1, wherein the plastically deformable damping element is a circumferential collar (figure 5).
Claim 7
(Loeffler, as modified above, discloses) The drive apparatus as claimed in claim 2, wherein the rod is a spindle (lines 60-67 of col. 6) of a spindle/spindle nut mechanism (figure 5).
Claim 8
(Loeffler, as modified above, discloses) The drive apparatus as claimed in claim 7, wherein the tube is a spindle nut tube (figure 5) which is connected in an axially fixed manner to a spindle nut (19) of the spindle/spindle nut mechanism.
Claim 9
(Loeffler, as modified above, discloses) The drive apparatus as claimed in claim 3, wherein the radially outwardly facing projection is furthermore designed in one piece with the train component (this is taught via the modification above).
Claim 10
(Loeffler, as modified above, discloses) The drive apparatus as claimed in claim 9, wherein the radially outwardly facing projection is part of a shoulder for axially securing a stop washer or sleeve which forms the intermediate element between the end stop faces, and/or of a guide element (19) arranged axially outside the end stop for axial guidance in the tube (figure 5).
Claim 11
(Loeffler, as modified above, discloses) The drive apparatus as claimed in claim 10, wherein the radially outwardly facing projection is formed by a groove introduced into the shoulder (As the limitations of claim 11 are directed to an alternative limitation (“wherein the radially outwardly facing projection is part of a shoulder for axially securing a stop washer or sleeve which forms the intermediate element between the end stop faces”) and the other alternative (“wherein the radially outwardly facing projection is part of…a guide element arranged axially outside the end stop for axial guidance in the tube”) was chosen for examination and art application for claim 10, the further limitations of the unselected alternative limitation will not be addressed and claim 11 is rejected with claim 10).
Claim 12
(Loeffler, as modified above, discloses) The drive apparatus as claimed in claim 5, wherein the damping element forms one of the end stop faces wherein the other end stop face is formed on the inside of the tube (see both end faces in Partial Annotated figure 5 above).
Claim 13
(Loeffler, as modified above, discloses) The drive apparatus as claimed in claim 12, wherein the damping element forms one of the end stop faces wherein the other end stop face is formed on the inside of the tube and is formed by at least one radially inwardly facing projection (see both end faces in Partial Annotated figure 5 above).
Claim 14
(Loeffler, as modified above, discloses) The drive apparatus as claimed in claim 13, wherein the at least one radially inwardly facing projection is in contact with an axial end of a spindle nut (19; figure 5).
Claim 15
(Loeffler discloses) A drive apparatus (1; figures 1 and 5) for a closure element (2) of a motor vehicle (figure 1), wherein the drive apparatus comprises a drive train (13) with two drive sections (3 and 4), each comprising a drive connection (5 and 6, respectively), wherein in the drive sections, the drive train comprises multiple train components (14 and 15) that are coupled to one another in a force-transmitting and/or torque transmitting manner (figure 5), so that 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 (see dashed line showing the longitudinal axis) between a retracted position and an extended position (figure 5 shows an extended position with a projected retracted position),
wherein in a first drive section (3) of the two drive sections, one of the train components is a tube (14), and in a second drive section (4) of the two drive sections, one of the train components is a rod (15) that is linearly moveable within the tube with respect to the tube along the geometric axis during the linear drive movements (figure 5),
wherein an end stop (9) is provided in order to limit the drive movement between the drive connections to the extended position (figure 5; lines 11-14 of col. 5), wherein the end stop has end stop faces (Partial Annotated figure 5 above) movable toward each other on the drive sections and a damping device (10) which, during a drive movement into the end stop, damps the drive movement in a manner which is dependent on a speed of the drive movement (Excerpt 1 from col. 5 above), wherein the damping device has a damping element (11) which, during the drive movement, is plastically deformable by an axial impact of the end stop faces on each other (Annotated figure 5 and Excerpt 1 above) or on an intermediate element (this was interpreted as an ‘or’ clause therefore only one of the options is required to be taught by the prior art), wherein the plastically deformable damping element is an axially fixed, radially outwardly facing projection of the rod of the first drive section (figure 5; note that this seems to be --the rod of the second drive section-- per the objection above, therefore this was interpreted as such).
The embodiment of Loeffler in figure 5 fails to disclose wherein the damping element is of one-piece design with the rod.
(However, an embodiment of Loeffler teaches) wherein a damping element (11) is of one-piece design with a drive component (Excerpt 2 from cols. 2-3 above).
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 damping element of Loeffler such that it is integrated or in one-piece design with the rod as taught by the alternative embodiment of Loeffler for the expected and predictable benefits of high cost effectiveness and decrease in assembly time. Furthermore, the modification prevents separation of the damping element from the train component.
Claim 16
(Loeffler discloses) A drive apparatus (1; figures 1 and 5) for a closure element (2) of a motor vehicle (figure 1), wherein the drive apparatus comprises a drive train (13) with two drive sections (3 and 4), each comprising a drive connection (5 and 6, respectively), wherein in the drive sections, the drive train comprises multiple train components (14 and 15) that are coupled to one another in a force-transmitting and/or torque transmitting manner (figure 5), so that 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 (see dashed line showing the longitudinal axis) between a retracted position and an extended position (figure 5 shows an extended position with a projected retracted position),
wherein in a first drive section (3) of the two drive sections, one of the train components is a tube (14), and in a second drive section (4) of the two drive sections, one of the train components is a rod (15) that is linearly moveable within the tube with respect to the tube along the geometric axis during the linear drive movements (figure 5), wherein the drive apparatus comprises a spindle/spindle nut mechanism (figure 5) comprising a spindle (20) with a spindle external thread (17) and a spindle nut (19) with a spindle nut internal thread (18), which thread form a screw engagement with each other (figure 5), wherein the rod is the spindle of the spindle/spindle nut mechanism (lines 60-67 of col. 6), and wherein the tube is a spindle nut tube which is connected in an axially fixed manner to the spindle nut of the spindle/spindle nut mechanism (figure 5),
wherein an end stop (9) is provided in order to limit the drive movement between the drive connections to the extended position (figure 5; lines 11-14 of col. 5), wherein the end stop has end stop faces (Partial Annotated figure 5 above) movable toward each other on the drive sections and a damping device (10) which, during a drive movement into the end stop, damps the drive movement in a manner which is dependent on a speed of the drive movement (Excerpt 1 from col. 5 above), wherein the damping device has a damping element (11) which, during the drive movement, is plastically deformable by an axial impact of the end stop faces on each other (Annotated figure 5 and Excerpt 1 above) or on an intermediate element (this was interpreted as an ‘or’ clause therefore only one of the options is required to be taught by the prior art), wherein the plastically deformable damping element is an axially fixed, radially outwardly facing projection of the spindle (figure 5).
The embodiment of Loeffler in figure 5 fails to disclose wherein the damping element is of one-piece design with the spindle.
(However, an embodiment of Loeffler teaches) wherein a damping element (11) is of one-piece design with a drive component (Excerpt 2 from cols. 2-3 above).
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 damping element of Loeffler such that it is integrated or in one-piece design with the spindle as taught by the alternative embodiment of Loeffler for the expected and predictable benefits of high cost effectiveness and decrease in assembly time. Furthermore, the modification prevents separation of the damping element from the train component.
Response to Arguments
Applicant's arguments filed 06/03/2026 have been fully considered but they 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Maeda et al. (JP 2014101637) (hereinafter “Maeda”) was cited as a pertinent prior art as it teaches a damping element that is formed by ‘changing a part of the screw shape of the screw spindle 25 and forming a portion having high screw resistance’ (see page 11 below) which implies that an integrated portion of the spindle screw is formed as a damping element.
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Page 11 of JP 2014101637
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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/PATRICK B. PONCIANO/Examiner, Art Unit 3634
/COLLEEN M CHAVCHAVADZE/Primary Examiner, Art Unit 3634
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