DETAILED ACTION
The following Non-Final Office Action is in response to the application filed 12/6/2024.
Status of the claims: Claims 11-20 are pending in the application.
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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
The current abstract is more than 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Claim Objections
Claim 18 is objected to because of the following informalities: Claim 18 recites “an end portion” and “the opening direction”. Examiner presumes these should read – the end portion – and – an opening direction --.
Claim 20 recites “an electrically operated fueling or charging flap system”. The examiner presumes this should read – the electrically operated fueling or charging flap system --.
Appropriate correction is required.
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 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Glickman et al US 2020/0346541.
In regard to claim 11, Glickman et al ‘541 discloses a an electrically operated fueling and/or charging flap system for fastening in a vehicle body element of a vehicle, comprising: a movable closure flap (14, Fig. 1) that is movable to and fro between a closed position (Fig. 7) and an open position (Fig. 1) to allow for (intended use) connecting an external connecting part to an opened flap system for electrically charging and/or for fueling the vehicle, and to close the flap system after the charging or fueling; and an emergency opening tool (66, Fig. 7) of elongate configuration for manually opening the closure flap (14) in an event of a malfunction, which emergency opening tool is configured for plugging into a joint gap between the vehicle body element (18, Fig. 7 )of the vehicle and the closure flap (14, Fig. 7) in its closed position and to subsequently pull and/or pry open the closure flap. (paragraph [0049])
In regard to claim 2, Glickman et al ‘541 disclose wherein the emergency opening tool (66) of elongate configuration comprises a front end portion (at 72, Fig. 8), a thickness of which is smaller than a width of the joint gap (must be smaller to fit in the gap).
In regard to claim 13, Glickman et al ‘541 disclose wherein the emergency opening tool (66) comprises an angled-away front end (72), in order to engage behind the closure flap (14) when plugged into the joint gap, so that the closure flap is openable by subsequently pulling on the emergency opening tool.
In regard to claim 14, Glickman et al ‘541 disclose a coupling element (26,28 Fig. 2) to decouple the closure flap (14), during pulling or prying open, from an electrically operated drive element for driving the closure flap.
In regard to claim 15, Glickman et al ‘541 disclose a lock (26,28) that locks the closure flap (14) in its closed position, the lock comprising a movable locking element (26) which is held in its locking position via a positively locking connection by way of an elastic element (44, must be some elasticity in order to be overcome by the force of prying), wherein the locking element is shaped such that the positively locking connection is released by way of the closure flap (14) being pulled or pried open.
In regard to claim 16, Glickman et al ‘541 disclose wherein the movable locking element (26) is configured as a pin which is locked and unlocked by way of interaction with a surface (at 54), running obliquely with respect to the moving direction of said pin, of a ramp (28).
In regard to claim 17, Glickman et al ‘541 disclose a method for emergency opening of an electrically operated fueling or charging flap system, wherein the fueling or charging flap system is fastened in a vehicle body element (18) of the vehicle and comprises a closure flap (14) which is movable to and fro between a closed position and an open position, the method comprising the steps of: a) providing an emergency opening tool (66) of elongate configuration; b) plugging an end portion (72) of the emergency opening tool (66) into a joint gap between the vehicle body element (18)of the vehicle and the closure flap (14) while the closure flap is situated in the closed position; and c) pulling and/or prying open the closure flap via (14) the emergency opening tool (66)which is plugged into the joint gap.
In regard to claim 18, Glickman et al ‘541 disclose wherein, during or after being plugged into the joint gap, an end portion (72) of the emergency opening tool acts on a rear side of the closure flap (14), and subsequently a force is exerted in the opening direction on the rear side of the closure flap (14) by way of the end portion (72) .
In regard to claim 19, Glickman et al ‘541 discloses wherein, by way of being pulled or pried open, the closure flap (14) is released from a positive locking action counter to an elastic force (provided by 44).
In regard to claim 20, Glickman et al ‘541 discloses a vehicle comprising an electrically operated fueling or charging flap system according to claim 11.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEREMY C RAMSEY whose telephone number is (571)270-3133. The examiner can normally be reached Mon-Wed 7:00-3:30.
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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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/JEREMY C RAMSEY/ Examiner, Art Unit 3634
/DANIEL P CAHN/ Supervisory Patent Examiner, Art Unit 3634
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