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 .
Drawings
Figure 1-5 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g).
Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to because of the following informalities:
Change the term “lead lever assembly” to -lead lever- (see 112 2nd paragraph rejection below).
Appropriate correction is required.
The abstract of the disclosure is objected to because it has more than 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 1-19 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.
Claim 1 requires that the door pawl is operated to rotate the claw by contacting or releasing the contact with the claw by the rotation. At the instant, the limitation is indefinite.
The pawl 160 makes contact or release contact with the claw.
However, the pawl 160 does not rotate the claw. It is actually the opposite, when the striker engages the claw, the claw is the one that contacts the pawl so as to rotate the pawl out of the moving path and then return to engage the claw. And, during opening, the release lever moves the pawl out of engagement with the claw, so the claw can then rotate.
Therefore, in order to continue with the examination, the limitation will be examined as mentioned above. Correction is required.
Claim 1 requires that there are a pair of release lever. At the instant, there is no support for the limitation as claimed.
As clearly illustrated, the release lever 140 is just one member; not a pair. It appears that the intention is to claim that the release lever 140 extends symmetrically in both sides. Therefore, in order to continue with the examination, the limitation will be interpreted as mentioned above. Correction is required.
Claim 1 also requires a lead lever assembly and according to the specification, it is element 130. However, the drawings and the specification fail to explain how element 130 is an “assembly”. As is well known in the art, an assembly is a set of pieces that work together in unison as a mechanism or device. As described and illustrated, element 130 is just one piece. Correction is required (see above also with respect to the specification).
Claim 2 requires that the release lever is attached to a center portion of the lead lever assembly, extends to the first and second sides of the lead lever assembly, and is connected to the door pawl.
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However, as seen above, the specification actually defines the opposite, that it is the lead lever assembly 130 the one that is coupled to the center portion of the release lever. Correction is required.
Claim 3 requires that the emergency link assembly “rotates” the release lever and the lead lever assembly upward by the rotation. At the instant, the limitation is indefinite since the release lever 140 slides.
Also, same as to the lead lever above, it is unclear how the emergency link is an assembly. The specification defines the emergency link as element 170, which is just a rotating link.
Therefore, in order to continue with the examination, the limitation will be interpreted as “the emergency link, being connected to the release lever, to rotate to slidingly move the release lever and the lead lever upwardly. Correction is required.
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, 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(s) 1, 2, 9 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 201433609 to Chunming et al (Chunming) in view of US Pat No 8,336,929 to Halliwell and US Pat No 8,562,040 to Scheffler et al (Scheffler).
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Regarding claim 1, Chunming discloses a dual locking door latch structure of a vehicle, which is provided on a vehicle body to open or close a door configured to open or close a door opening of the vehicle, and is provided to be coupled to or decoupled from the door.
The dual locking door latch structure comprises a pair of claws (4) rotating to be coupled to or decoupled from a striker (A) provided on the door; a release lever (5) that defines an up and down movement; and a lead lever (8) coupled to the release lever and moving the release lever in up and down directions. The release lever extends symmetrically to interact with each claw.
First, Chunming fails to disclose a door pawl that interacts with the claw so as to engage and release the claw.
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Halliwell teaches that it is well known in the art to provide a dual locking latch that comprises 1st and 2nd claws (14, 24), each provided with a respective pawl (18, 27), operated by a release lever (30), so as to secure the claw in the latched position.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device described by Chunming with a pawl, as taught by Halliwell, in order to secure the claw in the latched position.
Second, Chunming fails to disclose that the device comprises a motor providing driving force to the lead lever assembly for the up and down movement of the lead lever assembly; and a gear assembly engaged between the motor and the lead lever assembly and transmitting the driving force provided by the motor to the lead lever assembly. Chunming discloses a different actuating mechanism that comprises levers (9 and 10) operated by an electromagnet.
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Scheffler teaches that it is well known in the art to provide an actuator to move a claw, that can be either an electromagnet (fig 2, 42) or an electric motor with a gear assembly (fig 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the actuating mechanism described by Chunming as one that comprises a motor/gear assembly, as taught by Scheffler, since it would be considered as a routine replacement by the user to choose how to operate the device.
As to claim 2, Chunming discloses that the lead lever is attached to a center portion of the release lever. The release lever extends to the first and second sides of the lead lever. Halliwell teaches that the release lever is connected to the door pawl.
As to claim 9, Chunming discloses that the claw and the lead lever are movably fixed to a base plate (1).
As to claim 11, Chunming, as modified by Halliwell and Scheffler, teaches that in response that the door is open and an unlock signal is received, the lead lever moves upward by operation of the motor (Chunming), and the door pawl rotates by the release lever (Chunming, as modified by Halliwell), and in response that the door pawl releases the contact with the claw and the claw rotates, the claw is decoupled from the striker.
As to claim 12, Chunming, as modified by Halliwell, teaches that in response that the claw releases the contact with the door pawl, the claw returns to an original position thereof by elastic force (Chunming, spring 2).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 201433609 to Chunming et al (Chunming) in view of US Pat No 8,336,929 to Halliwell, US Pat No 8,562,040 to Scheffler et al (Scheffler), and further in view of US Pat Application Publication No 20110107800 to Barbier et al (Barbier).
As to claim 3, Chunming, as modified by Haliwell and Scheffler, fails to disclose that the latch structure further includes an emergency link assembly connected to the release lever and rotating the release lever and the lead lever assembly upward by the rotation.
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Barbier teaches that it is well known in the art to provide a latch structure with an emergency link assembly connected to a release lever (86), that rotates the release lever upward by the rotation to operate the latch structure in case of a power issue.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the structure described by Chunming, as modified by Halliwell and Scheffler, with an emergency link assembly, as taught by Barbier, in order to operate the latch structure during an emergency.
Claim(s) 4, 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 201433609 to Chunming et al (Chunming) in view of US Pat No 8,336,929 to Halliwell, US Pat No 8,562,040 to Scheffler et al (Scheffler), US Pat Application Publication No 20110107800 to Barbier et al (Barbier), and further in view of US Pat No 5,076,622 to Detweiller.
As to claim 4, Chunming, as modified by Haliwell, Scheffler and Barbier, fails to dislcose that the emergency link assembly is connected to an emergency cable for manual operation thereof. Barbier teaches a link.
Detweiller teaches that it is well known in the art to provide an emergency link assembly that comprises an emergency cable (84) for manual operation.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the emergency assembly structure described by Chunming, as modified by Halliwell, Scheffler and Barbier, with an emergency cable, taught by Detweiller, in order to provide a more flexible element to transmit the movement to operate the latch structure.
As to claim 5, Barbier and Detweiller each teach that the emergency cable is connected to an emergency lever separately provided on an exterior of the vehicle (handle).
As to claim 13, Chunming, as modified by Haliwell, Scheffler, Barbier and Detweiller, teaches that the emergency cable is pulled upward, the emergency link assembly rotates to move the lead lever assembly upward, and the door pawl rotates by the release lever, and the door pawl releases the contact with the claw and the claw rotates so that the claw is decoupled from the striker.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 201433609 to Chunming et al (Chunming) in view of US Pat No 8,336,929 to Halliwell, US Pat No 8,562,040 to Scheffler et al (Scheffler) and further in view of US Pat No 5,062,759 to Pieperhoff and US Pat Application Publication No 20150159407 to Didier et at (Didier).
As to claim 6, Chunming, as modified by Haliwell and Scheffler, fails to disclose that the door pawl is provided with a reference (REF) switch which is configured to detect a reference position of the door pawl and a pawl switch which is configured to detect a current position of the door pawl.
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Didier teaches that it is well known in the art to provide a door pawl (14) with a pawl switch (22) configured to detect a current position of the door pawl.
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Pieperhoff teaches that it is well known in the art to provide a reference switch (9, 10, 32 and 33) that is configured to detect a reference position of a movable member.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the structure described by Chunming, as modified by Halliwell and Scheffler, with a pawl switch, as taught by Didier, and a reference switch, as taught by Pieperhoff, in order to detect the movements of the pawl.
Claim(s) 7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 201433609 to Chunming et al (Chunming) in view of US Pat No 8,336,929 to Halliwell, US Pat No 8,562,040 to Scheffler et al (Scheffler) and further in view of US Pat Application Publication No 20150159407 to Didier et at (Didier).
As to claim 7, Chunming, as modified by Halliwell and Scheffler, fails to disclose that the structure further comprises, on one side of the claw, a claw switch which is configured to detect the current position of the claw.
Didier teaches that it is well known in the art to provide a claw (12) with a switch (20) configured to detect the current position of the claw.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the structure described by Chunming, as modified by Halliwell and Scheffler, with a claw switch, as taught by Didier, in order to detect the movements of the claw.
As to claim 10, Chunming, as modified by Halliwell and Scheffler, will teach that in response that the door is closed, the striker is coupled to the claw, the lead lever is lowered by operation of the motor and the door pawl rotates by the release lever, and the door pawl contacts with the claw.
However, the combination fails to disclose a 1-stage locking so that when the pawl contacts with the claw, the motor cinches the claw.
Didier teaches that it is well known in the art to provide a latch structure that defines a 1st locking stage (fig 2), wherein the pawl engages the claw, and the structure comprises a power closing mechanism (49) to cinch the claw and moved into a 2nd locking stage (fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the structure described by Chunming, as modified by Halliwell and Scheffler, with a 1st locking state/cinch mechanism, as taught by Didier, in order to define a locking sequence to lock the door and prevent undesired opening of the door during the closing.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 201433609 to Chunming et al (Chunming) in view of US Pat No 8,336,929 to Halliwell, US Pat No 8,562,040 to Scheffler et al (Scheffler), and further in view of CN 108386086 to Xu.
As to claim 8, Chunming, as modified by Halliwell and Scheffler, fails to disclose that the lead lever assembly is provided with a home pose switch which is configured to detect a current position of the lead lever assembly.
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Xu teaches that it is well known in the art to provide a lead lever (208) with a home pose switch (212) configured to detect a current position of the lead lever.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the structure described by Chunming, as modified by Halliwell and Scheffler, with a home pose switch, as taught by Xu, in order to detect the movements of the lead lever.
Claim(s) 14-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 201433609 to Chunming et al (Chunming) in view of US Pat No 8,336,929 to Halliwell, US Pat No 8,562,040 to Scheffler et al (Scheffler), and further in view of US Pat No 12,000,186 to Mapson.
Chunming, as modified by Halliwell and Scheffler, fails to disclose that the dual locking door latch structure of the vehicle is provided at upper and lower portions of the vehicle body of the door opening to be coupled to or decoupled from front and rear doors of the vehicle, respectively, and the front and rear doors are provided to open or close simultaneously or separately.
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Mapson teaches that it is well known in the art to provide the dual locking door latch structure at upper and lower portions (118(1) and 118(2)) of the vehicle body of the door opening to be coupled to or decoupled from front and rear doors of the vehicle (114(1) and 114(2)), respectively, and the front and rear doors are provided to open or close simultaneously or separately.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the structure described by Chunming, as modified by Halliwell and Scheffler, at upper and lower portions of a vehicle body, as taught by Mapson, in order to rigidly secure the doors.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 201433609 to Chunming et al (Chunming) in view of US Pat No 8,336,929 to Halliwell, US Pat No 8,562,040 to Scheffler et al (Scheffler), US Pat No 12,000,186 to Mapson and further in view of US Pat Application Publication No 20150159407 to Didier et at (Didier).
Chunming, as modified by Halliwell, Scheffler and Mapson, will teach that in response that the door is closed, the striker is coupled to the claw, the lead lever is lowered by operation of the motor and the door pawl rotates by the release lever, and the door pawl contacts with the claw.
However, the combination fails to disclose a 1-stage locking so that when the pawl contacts with the claw, the motor cinches the claw.
Didier teaches that it is well known in the art to provide a latch structure that defines a 1st locking stage (fig 2), wherein the pawl engages the claw, and the structure comprises a power closing mechanism (49) to cinch the claw and moved into a 2nd locking stage (fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the structure described by Chunming, as modified by Halliwell, Scheffler and Mapson, with a 1st locking state/cinch mechanism, as taught by Didier, in order to define a locking sequence to lock the door and prevent undesired opening of the door during the closing.
Propose amendment to claim 1 by the examiner (will require further amendment to some depending claims):
-A dual locking door latch structure of a vehicle, which is provided on a vehicle body to open or close a door configured to open or close a door opening of the vehicle, and is provided to be coupled to or decoupled from the door, the dual locking door latch structure comprising:
a claw rotating to be coupled to or decoupled from a striker provided on the door;
a door pawl operating to rotate be released
a release lever coupled to the door pawl and operating to rotate the door pawl by up and down slidable movement of the release lever;
a lead lever slidably moving the release lever in up and down directions;
a motor providing driving force to the lead lever
a gear assembly engaged between the motor and the lead lever
wherein the claw, and the door pawl, ;
wherein the release lever includes a center portion and first and second extending arms that are operatively connected to each door pawl;
an emergency link assembly defining a first lever (170) and second lever (the other lever without the reference number) and manual means (cable 180 and handle); wherein the first lever is configured to be connected to the release lever and the second lever is engaged between the first lever and the manual means;
wherein, operation of the manual means is configured to rotate the second lever, rotating the first lever and slidably moving the release lever.-.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS LUGO whose telephone number is (571)272-7058. The examiner can normally be reached M-F 9-6pm.
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/Carlos Lugo/
Primary Examiner
Art Unit 3675
April 5, 2026
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