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 .
Applicants’ Preliminary Amendment, filed 10/30/2024, has been entered. Claims 1-10 are cancelled (Preliminary Amendment) and claims 11-21 are added (Preliminary Amendment).
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 11-15 and 20-21 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.
It should be noted that using pronouns (such as “they”, “it”, "its", “their”, “them”, “these”…) typically makes the limitation indefinite.
Claim 1 recites the pronouns “they” and “it”. These recitations cause confusion as to which claim element is being referred to. This confusion creates uncertainty and indefiniteness as to what exactly is being claimed.
Dependent claims 2-15 and 20-21 do not act to cure the deficiencies of parent claims1 and are thereby rejected for at least the same rationale.
Claim Rejections - 35 USC § 102
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.
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 11-12, 14, 16-18, and 20-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ackermann et al. (EP 3424765– see IDS).
The citations below to Ackermann are from the English translation found in the Notice of References Cited.
Regarding claim 11: Ackermann discloses an electrically operated flap system for electrically charging and/or for fueling a vehicle (title). Ackermann discloses a connection element 6 for connecting a connecting part 10 of a charging and/or gas station to the vehicle (Figs. 1, 3A-3C; [0028]-[0030]). Ackermann discloses a pivotable covering flap 7 configured to cover the connection element in a closed position and to uncover the connection element in an open position in order to connect the connecting part to the connecting element (Figs. 1, 3A-3C; [0028]-[0029]). Ackermann discloses an electric motor 8, which is coupled to the covering flap via a hinge arm 22, for driving the covering flap (Figs. 1, 3A-3C; [0028]-[0029], [0059]-[0062]). Ackermann discloses a controller 3 for controlling the electric motor in order to move the covering flap in a closing direction and in an opening direction (Fig. 2; [0027], [0032]-[0035]). Ackermann discloses an obstacle identification device that establishes whether the covering flap and/or the hinge arm are/is driven against the connecting part as they move/it moves in the closing direction and thus are/is prevented from moving further in the closing direction and that the controller is configured such that, on account of identifying that further movement by the connecting part is prevented, the control device causes an opposite movement of the covering flap in the opening direction until the covering flap assumes a protective position which lies between the position reached by the covering flap up to the connecting part and the open position in order to provide weather protection during charging and/or fueling ([0010], [0011], [0013], [0032], [0034]).
Regarding claim 12: Ackermann discloses that the control device is further configured to: (i) initiate the movement of the covering flap in the closing direction with a reduced movement speed, and/or (ii) initiate the movement of the covering flap in the closing direction with a reduced drive torque, and/or (iii) initiate the opposite movement of the covering flap in the opening direction by a predefined amount, and/or (iv) initiate the opposite movement of the covering flap in the opening direction through a variable reversing angle, which is dependent on an identified obstacle position (Figs. 3B, 3C; [0010]-[0011], [0013], [0032], [0034], [0068]-[0069]).
Regarding claim 14: Ackermann discloses that the control device is further configured to cause the covering flap to move from the protective position to the open position when an authenticated user approaches ([0020]).
Regarding claim 16: Ackermann discloses a method for electrically charging and/or fueling a vehicle comprising an electrically operated flap system which is fixed in a bodyshell of the vehicle (Figs. 1, 3A-3C; title). Ackermann discloses that the flap system comprises a connection element 6 for connecting a connecting part 10 of a charging and/or gas station and a pivotable covering flap 7 (Figs. 1, 3A-3C; [0028]-[0030]). Ackermann discloses the pivotable covering flap, which is connected to a hinge arm 22, for covering the connection element in a closed position and for uncovering the connection element in an open position (Figs. 1, 3A-3C; [0028]-[0029], [0059]-[0062]). Ackermann discloses (A) moving the pivotable covering flap of the flap system via an electric motor 8, which is coupled to the hinge arm, from a closed position in an opening direction until the covering flap reaches an open position (Figs. 1, 3A-3C; [0028]-[0029], [0059]-[0062]). Ackermann discloses (B) connecting the connecting part to the connection element while the covering flap is in the open position (Figs. 3B-3C). Ackermann discloses (C) moving the covering flap by the electric motor, which is coupled to the hinge arm, in a closing direction until an obstacle identification device establishes that the covering flap and/or the hinge arm have/has been driven against the connected connecting part and thus are/is prevented from moving further (Figs. 1, 3A-3C; [0028]-[0029], [0032]-[0035], [0059]-[0062]). Ackermann discloses (D) once again moving the covering flap in the opening direction until the covering flap assumes a protective position which lies between the position reached by the covering flap up to the connecting part and the open position, in order to provide weather protection for the connection element during charging and/or fueling ([0010], [0011], [0013], [0032], [0034]). Ackermann discloses (E) charging and/or fueling the vehicle while the covering flap is in the protective position (Figs. 3B-3C; [0010]-[0011]).
Regarding claim 17: Ackermann discloses that the covering flap is moved out of the position reached by the covering flap up to the connecting part in the opening direction by a predefined amount in order to reach the protective position ([0010], [0011], [0013], [0032], [0034]).
Regarding claim 18: Ackermann discloses that the covering flap is automatically moved from the protective position to the open position when an authenticated user approaches ([0020]).
Regarding claim 20: Ackermann discloses that a vehicle comprises the flap system according to claim 11 (Fig. 1; title).
Regarding claim 20: Ackermann discloses that the vehicle is an electric vehicle. ([0001]).
Claim Rejections - 35 USC § 103
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.
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 of this title, 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 13, 15, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ackermann et al. (EP 3424765– see IDS) in view of Och (US 20250163974).
The citations below to Ackermann are from the English translation found in the Notice of References Cited.
Ackermann discloses the invention substantially as claimed and as discussed above.
Regarding claim 13: Ackermann does not explicitly disclose that the obstacle identification device is configured to detect an increase in torque of the electric motor. Och discloses detecting a torque when operating the flap system ([0034]-[0037]). Before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art and the benefit of the cited art to have configured Ackermann to detect a torque when operating the flap system as taught by Och so that the Ackermann obstacle identification device is configured to detect an increase in torque of the electric motor. As both Ackermann and Och are directed to tank flaps, as Ackermann provides sensors for flap operation but is silent regarding torque, as it is well known that motors can have torque sensors, and as Och exility teaches monitoring torque, it would have been within routine skill to have selected a desired monitoring scheme for the flap operation from a finite selection of operating schemes suitable to monitor a flap system (i.e. sensing speed, distance, or torque). Such a simple substitution/addition and configuration would have been predictable with a reasonable expectation for success and with no unexpected results.
Regarding claim 15: Ackermann, as modified by Och, discloses that a sensor which is configured to detect manual actuation of the covering flap and/or a performance of a gesture, in order to cause the movement of the covering flap from the protective position to the open position (Ackermann – sensors; Och - [0034]-[0035], [0048]).
Regarding claim 19: Ackermann, as modified by Och, discloses that manual actuation of the covering flap and/or of the hinge arm and/or the performance of a gesture is identified and triggers the movement of the covering flap from the protective position to the to the open position (Och - [0034]-[0035], [0048]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TARAS P BEMKO whose telephone number is (571)270-1830. The examiner can normally be reached on Monday-Friday 8:00-5:00 (EDT/EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached on 571-272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Taras P Bemko/
Primary Examiner, Art Unit 3672
8/18/2026
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