DETAILED ACTION
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 (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.
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 1-16, at least broadly, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lindholm et al., US Patent 4,961,601. As in claim 1, a motor vehicle locking device comprising a locking mechanism which includes a rotary latch 22 and a pawl (broadly considered the upper surface 100 of 36), a spring (including 38), and an ejector lever 36 that is fixed to a bearing dome (at least broadly including 37), the ejector lever being preloaded by the spring to act upon a locking bolt which interacts with the locking mechanism, wherein the spring is formed as a leg spring which is fastened to the bearing dome defining an axis of the ejector lever; the ejector lever is mounted coaxially with the pawl about a common axis. As in claim 2, the leg spring has a winding portion and encloses the bearing dome with the winding portion. As in claim 3, a housing, wherein the leg spring has a loose leg and a fixed leg, and the leg spring acts with the loose leg upon the ejector lever- while its fixed leg is fixed to the housing. As in claim 4, the winding portion is mounted on the bearing dome. As in claim 5, the loose leg engages under a contact edge of the ejector lever for the locking bolt resting on the contact edge. As in claim 6, the fixed leg engages in an opening in the housing in a locking manner. As in claim 7, the leg spring includes a winding portion from which the loose leg and the fixed leg extend, the loose leg and the fixed legs adjoining the winding portion atwherein the leg spring together with the bearing dome and the ejector lever defines a structural unit fixed in a locking manner on the housing. As in claim 11, the rotary latch includes a first a leg and a second leg that define an inlet mouth, and when the locking mechanism is in a closed position, the locking bolt is positioned in the inlet mouth with the ejector lever preloaded by the spring pressing the locking bolt against at least one of the first and second legs of the rotary latch. As in claim 12, the loose leg of the leg spring directly grips the ejector lever from underneath the contact edge. As in claim 13, the common axis of the ejector lever and the pawl is spaced at a distance from an axis of the rotary latch. As in claim 14, the ejector lever has a first arm that includes the contact edge for the locking bolt, and a second arm that is angled at an obtuse angle relative to the first arm. As in claim 15, the housing is L-shaped, and the fixed leg of the leg spring engages with a short leg of the L-shaped housing. As in claim 16, a long leg of the L-shaped housing is aligned perpendicularly relative to the short leg of the L-shaped housing, and the locking lever and the ejector lever are mounded on the long leg.
Response to Arguments
Applicant's arguments filed 4-20-26 have been fully considered but they are not persuasive.
Applicant argues that the ejector lever of the applied art is not mounted coaxially with the pawl about a common axis, as claimed, indicating that element 24 a detent lever, suggesting that the detent level acts as the claimed pawl. However, the examiner has not mentioned element 24 at all in the rejection, and the pawl is indicated broadly as being the top surface 100 of the ejector element 36, and both 100 and 36, being parts of the same element, share the same axis of rotation, and are thus coaxial. There is no language in the claim restricting such an interpretation. Therefor the rejection is considered proper and is maintained.
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 MARK A WILLIAMS whose telephone number is (571)272-7064. The examiner can normally be reached Monday through Friday.
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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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/MARK A WILLIAMS/Primary Examiner, Art Unit 3675
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