DETAILED ACTION
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, 2, 12, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO2009/112016A1 (WO ‘016). As in claim 1, a motor vehicle lock comprising a catch 3 and a pawl 1, wherein the catch can be brought from an open position into at least one closed position for holding the closure element in holding engagement with a closing element (door/striker), wherein the pawl can be brought into a blocking state, in which it holds the catch in the closed position, into a release state, in which it releases the catch, and into a contact state, in which the pawl is in contact with the catch in the open position and can be brought into its blocking state in order to allow the catch to be held in the closed position, wherein the motor vehicle lock comprises an opening device comprising an electrical opening drive for establishing the release state by motor, wherein the motor vehicle lock comprises a lock controller (including 9) for controlling the opening drive (all as conventional), wherein the lock controller is coupled or can be coupled with a sensor 6 on the vehicle, on the closure element or on the lock, in that the lock controller is configured to detect, by the sensor, whether the closure element is mounted on the motor vehicle or has been dismounted from the motor vehicle, and wherein the lock controller, on detecting the dismounted state of the closure element, transfers the motor vehicle lock into an open mode, which is accompanied by the pawl being brought into its release state and in particular then being held in that state. As in claim 2, the motor vehicle lock comprises a motor vehicle lock energy source that is electrically connected to the lock controller, or wherein the lock controller is electrically connected to a motor vehicle lock energy source formed separately from the motor vehicle lock. As in claim 12, a closing part with which the catch of the motor vehicle lock can be brought into holding engagement. As in claim 13, a closure element and, associated with the closure element, a motor vehicle lock assembly.
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 (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 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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 3-11 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over WO2009/112016A1 (WO ‘016).
Regarding these claims, the prior art element performs the function specified in the claim in substantially the same manner as the function is performed by the corresponding element described in the specification, and such structure are considered art recognized equivalent structures and would have functional at least equally as well. It would have been obvious to modify the device in this way for the purpose of providing an alternative arrangement that would have functioned at least equally as well. In addition, (a) combining prior art elements according to known methods to yield predictable results; (b) simple substitution of one known element for another to obtain predictable results; (c) use of known technique to improve similar devices in the same way; (c) applying a known technique to a known device ready for improvement to yield predictable have each been held as being obvious to one having ordinary skill in the art. Further, (e) it would be obvious to try such a modification, since choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success has been held as obvious. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007).
Conclusion
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