DETAILED ACTION
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 .
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.
Claims 3, 6, 8, 10, 13, 16, 17-20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 3 recites “an end of the output shaft of the electric motor is guided in rotation by the intermediate support member” which appears to be contrary to the disclosure and unclear. Note that the figures show the end of the output shaft of the electric motor 20 to be free of any direct contact with the intermediate support member 10 which appears to hold various other elements such as motor 20 in place rather than guiding/moving them.
Each of claims 6, 13 and 18 recite “the wheel”, which lacks express antecedent basis such that it is unclear whether the phrase is to refer to the same element as the previous claim 2 recitation “a worm and wheel system”, or to only a portion thereof, or to some other previously recited element, or to an additional element. Note that “a worm and wheel system” does not necessarily comprise a wheel (e.g., a system for use with a worm and wheel need not itself comprise a wheel, etc.). Note that claim 18 does not depend from claim 2 and thus cannot refer to “a worm and wheel system” therein.
Claim 8 recites “a first stage” and “a second stage” which are unclear, by lack of specificity, as to whether the previous two-stage system is being further modified or whether additional elements are being set forth.
Claim 8 recites “the wheel meshing with a worm” and “the wheel meshing with the toothed sector” which each lack express proper antecedent basis such that it is unclear whether the phrases is to refer to the same element as the previous recitation “a two-stage system worm and wheel system”, or to only portions thereof, or to some other previously recited elements, or to additional elements. Note that a “worm and wheel system” does not necessarily comprise a wheel (e.g., a system for use with a worm and wheel need not itself comprise a wheel, etc.)
Claim 10 should be amended to specify which element defines “an end” and “torque output”. For purposes of applying the prior art elsewhere below, the examiner takes the claim to mean --the torque output element passes through the intermediate support member and has a magnetic target at an end of the torque output element that is opposite to a torque output of the torque output element, the magnetic target facing a sensor mounted on the electronic board.--
The remaining claims depend from the above and are thus similarly unclear/rejected.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9 and 11-20 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Li US20190136974.
Claim 1. An actuator for a parking lock system of a vehicle transmission gearbox, said actuator comprising an intermediate support member (50) to which an electric motor (21) and a geared power transmission system (22, 31, 32) kinematically connected to the electric motor are attached, said actuator further comprising a torque output element (40) that meshes with the geared power transmission system and is movable in rotation between a locking position and an unlocking position, wherein the intermediate support member and the torque output element are housed in a housing (12) and a cover (11), the intermediate support member is an element of the actuator that is distinct from the housing and from the cover, and the torque output element is held in place during rotation by the housing.
Claim 2. The actuator as claimed in claim 1, wherein the geared power transmission system is a worm (22) and wheel (31) system, said worm being on an output shaft (output shaft of 21) of the electric motor.
Claim 3. The actuator as claimed in claim 2, wherein an end of the output shaft of the electric motor is guided in rotation by the intermediate support member (as best understood, see 35 USC 112 rejections).
Claims 4, 11 and 16. The actuator as claimed in claim 1 (and claims 2 and 3), wherein the electric motor comprises a front face (face of 21 mounted in 50 as seen in fig.3) and a rear face (face of 21 mounted in 121), said front face being mounted in an opening (opening in 50 receiving front of motor 20 as seen in fig.3) of the intermediate support member and the rear face being held on the intermediate support member by a compression plate (121) attached to the intermediate support member.
Claims 5, 12 and 17. The actuator as claimed in claim 1 (and claims 2 and 3), wherein the electric motor is immobilized against rotating with respect to the intermediate support member by means of a lug (lug of 50 receiving end of 21 as seen in fig.3) extending out of the intermediate support member and collaborating with a cutout (cutouts in front top and front bottom of 21 as seen in fig.1) of the electric motor. Note that the limitation “collaborating” does not require direct contact such that the art meets the limitation within the broadest reasonable interpretation since the fastener lug of 50 are used in collaboration with the motor and parts thereof to present a complete assembly.
Claims 6 and 13. The actuator as claimed in claim 2 (and claim 3), wherein the wheel (as best understood, see 35 USC 112 rejections) is mounted with an ability to rotate on a shaft (33), said shaft being mounted in the intermediate support member and in the housing (see figs.1 and 2).
Claims 7, 14 and 19. The actuator as claimed in claim 1 (and claims 2 and 3), wherein the torque output element comprises a toothed sector (toothed sector of 40) that meshes with the geared power transmission system (see fig.2).
Claim 8 (as best understood, see 35 USC 112 rejections). The actuator as claimed in claim 7 wherein the geared power transmission system comprises a two-stage system worm and wheel system (22, 31, 32), a first stage (22, 31) being the wheel (31) meshing with a worm (22) of an output shaft (output shaft of 21) of the electric motor and a second stage (32) being the wheel (32) meshing with the toothed sector of the torque output element.
Claims 9, 15 and 20. The actuator as claimed in claim 1 (and claims 2 and 3), wherein the intermediate support member has a first face (face of 50 facing 12 on which 22, 31, 32 are mounted), on which the geared power transmission system is mounted, facing the housing, and a second face (face of 50 facing 60) facing an electronic board (60).
Claims 18. The actuator as claimed in claim 4, wherein the geared power transmission system comprises a worm and wheel system (22, 31, 32) and the wheel (as best understood, see 35 USC 112 rejections) is mounted with an ability to rotate on a shaft (33), said shaft being mounted in the intermediate support member and in the housing (see figs.1 and 2).
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 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.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Li US20190136974 in view of Shuai CN109139875.
Claim 10 (as best understood, see 35 USC 112 rejections). Wherein, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify an end of the torque output element opposite torque output to have a magnetic target facing a sensor mounted on the electronic board, since CN875’ teaches such to have been well known (i.e., magnetic target 313 and position sensor 312 on electronic board 315) and one would recognize such to be more desirable than not for improving control.
Response to Arguments
Applicant argues that the amendments filed 3/16/2026 have overcome all 35 U.S.C. 112 clarity rejections. This is not persuasive. While the amendment clarifies certain issues/claims, numerous claims remain unclear as is detailed in the reworded rejections above.
Applicant argues that the amendment to claim 1 overcomes the prior art rejections. This is not persuasive. The prior art continues to suggest the amended claims as is detailed in the reworded/reinterpreted rejections above.
Conclusion
THIS ACTION IS MADE FINAL. 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 extension fee 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 VICTOR L MACARTHUR whose telephone number is (571)272-7085.
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/VICTOR L MACARTHUR/Primary Examiner, Art Unit 3618
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