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.
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.
Claim 14 is 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 14 recites the limitation "the lead nut" in line 4. There is insufficient antecedent basis for this limitation in the claim. For purposes of further examination, this language will be interpreted as --a lead nut--, as recited in previous claims.
Claim 14 recites the limitation "the cable lever" in line 4. There is insufficient antecedent basis for this limitation in the claim. For purposes of further examination, this language will be interpreted as --a cable lever--.
Claim 14 recites the limitation "the cinching cable" in line 4. There is insufficient antecedent basis for this limitation in the claim. For purposes of further examination, this language will be interpreted as --a first cinching cable--.
Claim 14 recites the limitation "the other cinching cable" in line 6. There is insufficient antecedent basis for this limitation in the claim. For purposes of further examination, this language will be interpreted as --a second cinching cable--.
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 factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 6-8, 11-12, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong KR 102059334 B1, in view of Kim et al. KR 20240082025 A.
Regarding claim 1, Jeong discloses a cinching apparatus (Jeong 2500) for door latches in a vehicle (Jeong Figs. 4-5; Jeong paragraph 0025), which performs cinching control (Jeong paragraph 0445) for a plurality of latches (Jeong paragraph 0039), the apparatus comprising:
a cinching actuator (Jeong 2510);
a lead screw (Jeong 1929; Jeong Fig. 14; Jeong paragraph 0073) engaged to the cinching actuator and rotated by the cinching actuator (Jeong paragraph 0435);
plurality of cable levers (Jeong 40/50; Jeong Fig. 34) coupled to the lead screw (Jeong paragraph 0072), and connected to the plurality of latches through respective cinching cables (Jeong 43/53; Jeong paragraph 0456),
wherein the cinching control is performed by absorbing a difference in cinching strokes of the plurality of latches (Jeong paragraph 0508) through a spring structure (Jeong 2313; Jeong Fig. 35) for absorbing the cinching strokes (Jeong paragraphs 0425-0427 and 0445).
Jeong does not disclose a lead nut assembly movably coupled to the lead screw.
However, Kim et al. disclose a cinching apparatus (Kim et al. paragraph 0041) with a lead nut assembly (Kim et al. 60) movably coupled to a lead screw (Kim et al. 50) and a cable (Kim et al. 70) (Kim et al. Fig. 5; Kim et al. paragraph 0032).
Therefore, it 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 to combine the cinching apparatus of Jeong with the lead nut assembly as taught by Kim et al. with a reasonable expectation of success for the advantage of further controlling the latching mechanism (Kim et al. paragraphs 0035-0036 and 0039), as the lead nut assembly can move along the lead screw without rotation while still being in connection with the cable (Kim et al. paragraphs 0034 and 0038).
Regarding claim 2, Jeong, in view of Kim et al., disclose the apparatus of claim 1, as discussed above, wherein the cinching actuator is a motor configured for controlling a rotation direction and number of rotations thereof (Jeong paragraph 0505).
Regarding claim 3, Jeong, in view of Kim et al., disclose the apparatus of claim 1, as discussed above, wherein the lead nut assembly includes:
a lead nut body (Kim et al. 61) engaged to the lead screw (Kim et al. paragraph 0032).
Jeong, in view of Kim et al., do not disclose at least two lead nuts each extending from one end portion of the lead nut body, disposed to be parallel to each other, respectively inserted into and connected to the plurality of cable levers.
However, Jeong discloses the plurality of cable levers (Jeong 40/50) being parallel to each other (Jeong Fig. 34), and Kim et al. disclose a singular lead nut extending from one end portion of the lead nut body (Kim et al. Fig. 5; Kim et al. paragraph 0032).
Therefore, it 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 to combine the cable lever structure of Jeong with the lead nut assembly as taught by Kim et al. with a reasonable expectation of success to dispose a lead nut assembly on each cable lever for the advantage of further controlling the latching mechanisms (Kim et al. paragraphs 0035-0036 and 0039) for both cables (Jeong 40/50), as was similarly discussed in claim 1 above.
Regarding claim 6, Jeong, in view of Kim et al., disclose the apparatus of claim 3, as discussed above, wherein the at least two lead nuts include an upper lead nut (connected to Jeong 40) and a lower lead nut (connected to Jeong 50) each extending from the one end portion of the lead nut body (Kim et al. Fig. 5; Kim et al. paragraph 0032), disposed to be parallel to each other, respectively inserted into and connected to the plurality of cable levers (Jeong 40/50; Jeong Fig. 34).
Regarding claim 7, Jeong, in view of Kim et al., disclose the apparatus of claim 6, as discussed above, wherein a thread is formed in the lead nut body to be engaged and coupled with the lead screw (Kim et al. Fig. 5; Kim et al. paragraph 0032) to thus be moved in a longitudinal direction (Kim et al. AX2; Kim et al. paragraph 0030) of the lead screw in response to the rotation of the lead screw (Kim et al. paragraph 0034).
Regarding claim 8, Jeong, in view of Kim et al., disclose the apparatus of claim 6, as discussed above, wherein each of the lead nut body, the upper lead nut, and the lower lead nut includes a rectangular parallelepiped shape (see annotated Kim et al. Fig. 5).
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Regarding claim 11, Jeong, in view of Kim et al., disclose the apparatus of claim 1, as discussed above, wherein cable pins (Jeong 44/54), to which the plurality of cinching cables are respectively fixed, are disposed in the plurality of cable levers (Jeong Fig. 34; Jeong paragraph 0428).
Regarding claim 12, Jeong, in view of Kim et al., disclose the apparatus of claim 11, further including a plurality of end caps (see annotated Jeong Fig. 34),
wherein the plurality of cinching cables are respectively guided by the plurality of end caps to thus be connected to the cable pins (Jeong paragraphs 0427-0428).
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Regarding claim 16, Jeong, in view of Kim et al., disclose the apparatus of claim 1, as discussed above, wherein the lead screw is disposed at a right angle to a rotation shaft of the cinching actuator (Jeong 1921) (Jeong Fig. 14; Jeong paragraphs 0189 and 0204), and include a worm wheel (Jeong 1923) mounted on an end portion of the rotation shaft (see annotated Jeong Fig. 14; Jeong paragraph 0194) and engaged with a worm gear (Jeong 1928) mounted on an end of the lead screw (see annotated Jeong Fig. 14; Jeong paragraph 0200) to thus receive a rotational driving force of the cinching actuator by the worm gear and the worm wheel (Jeong paragraphs 0187 and 0206).
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Claims 4-5, 9-10, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong KR 102059334 B1, in view of Kim et al. KR 20240082025 A, and further in view of Ritter et al. DE 102011052915 B4.
Regarding claim 4, Jeong, in view of Kim et al., disclose the apparatus of claim 3, as discussed above, wherein the spring structure is connected to a housing of at least two lead nuts (Kim et al. 61 connected to Jeong 40/50).
Jeong, in view of Kim et al., do not disclose wherein the spring structure includes a spring and a ball, and wherein the spring and the ball are disposed in each of the at least two lead nuts, the spring configured for reciprocating by an elastic force in a direction perpendicular to an extension direction of the at least two lead nuts, and the ball being fixedly coupled to the spring.
However, Ritter et al. disclose a spring structure that (Ritter et al. Fig. 1) includes a spring (Ritter et al. 22) and a ball (Ritter et al. 23), and wherein the spring and the ball are disposed in a housing (Ritter et al. 13), the spring configured for reciprocating by an elastic force in a direction perpendicular to an extension direction of the housing, and the ball being fixedly coupled to the spring (Ritter et al. Fig. 1; Ritter et al. paragraph 0042).
Therefore, it 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 to combine the apparatus of Jeong, in view of Kim et al., with the spring structure as taught by Ritter et al. with a reasonable expectation of success for the advantage of incorporating an independent clamping device (simple spring-and-ball mechanism) to secure translating elements (such as cable levers) without the need for additional electromechanical connections, reducing weight and costs, as would be known by one of ordinary skill in the art (Ritter et al. paragraph 0007).
Regarding claim 5, Jeong, in view of Kim et al., and further in view of Ritter et al., disclose the apparatus of claim 4, as discussed above, wherein the plurality of cable levers are connected to the lead nuts, as discussed in claim 3 above.
Jeong, in view of Kim et al., do not disclose wherein a seating groove is formed in a position of a surface corresponding to the ball in at least one of the plurality of cable levers for the ball to be inserted and accommodated in the seating groove or released from the seating groove.
However, Ritter et al., disclose wherein a seating groove (Ritter et al. 21; Ritter et al. Fig. 4) is formed in a position of a surface corresponding to the ball in a clamping device (Ritter et al. 18) for the ball to be inserted and accommodated in the seating groove or released from the seating groove (Ritter et al. paragraph 0042).
Therefore, it 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 to combine the apparatus and cable levers of Jeong, in view of Kim et al., with the seating grooves as taught by Ritter et al. with a reasonable expectation of success for the advantage of securing engagement between translating elements at pre-determined lengths, controlling the overall movement of the structure, as would be known by one of ordinary skill in the art.
Regarding claim 9, Jeong, in view of Kim et al., disclose the apparatus of claim 6, as discussed above, wherein the spring structure is connected to a housing with an upper lead nut and a lower lead nut (Kim et al. 61 connected to Jeong upper cable 40 and lower cable 50).
Jeong, in view of Kim et al., do not disclose wherein the spring structure includes a spring and a ball, and wherein the spring and the ball are disposed in each of the upper lead nut and the lower lead nut, the spring configured for reciprocating by an elastic force in a direction perpendicular to an extension direction of the upper lead nut or the lower lead nut, and the ball being fixedly coupled to the spring.
However, Ritter et al. disclose a spring structure that (Ritter et al. Fig. 1) includes a spring (Ritter et al. 22) and a ball (Ritter et al. 23), and wherein the spring and the ball are disposed in a housing (Ritter et al. 13), the spring configured for reciprocating by an elastic force in a direction perpendicular to an extension direction of the housing, and the ball being fixedly coupled to the spring (Ritter et al. Fig. 1; Ritter et al. paragraph 0042).
Therefore, it 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 to combine the apparatus of Jeong, in view of Kim et al., with the spring structure as taught by Ritter et al. with a reasonable expectation of success for the advantage of incorporating an independent clamping device (simple spring-and-ball mechanism) to secure translating elements (such as cable levers) without the need for additional electromechanical connections, reducing weight and costs, as would be known by one of ordinary skill in the art (Ritter et al. paragraph 0007).
Regarding claim 10, Jeong, in view of Kim et al., and further in view of Ritter et al., disclose the apparatus of claim 9, as discussed above, wherein the plurality of cable levers include an upper cable lever and a lower cable lever into which the upper lead nut and the lower lead nut are respectively movably inserted (Kim et al. 61 connected to Jeong upper cable 40 and lower cable 50; Kim et al. paragraph 0032), as discussed in claim 6 above.
Jeong, in view of Kim et al., do not disclose wherein a seating groove is formed in a position of a surface corresponding to the ball in the upper cable lever or the lower cable lever for the ball to be inserted and accommodated in the seating groove or released from the seating groove.
However, Ritter et al., disclose wherein a seating groove (Ritter et al. 21; Ritter et al. Fig. 4) is formed in a position of a surface corresponding to the ball in a clamping device (Ritter et al. 18) for the ball to be inserted and accommodated in the seating groove or released from the seating groove (Ritter et al. paragraph 0042).
Therefore, it 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 to combine the apparatus and cable levers of Jeong, in view of Kim et al., with the seating grooves as taught by Ritter et al. with a reasonable expectation of success for the advantage of securing engagement between translating elements at pre-determined lengths, controlling the overall movement of the structure, as would be known by one of ordinary skill in the art.
Regarding claim 13, Jeong, in view of Kim et al., and further in view of Ritter et al., disclose the apparatus of claim 10, as discussed above, wherein in response that the cinching control starts, the cinching actuator is operated and the lead screw is rotated to thus move the lead nut assembly, as discussed in claim 1 above, and the plurality of cable levers are fixed to the lead nut assembly and operated to pull the plurality of cinching cables (Jeong paragraphs 0434-0437 and Kim et al. paragraphs 0034-0039).
Regarding claim 14, Jeong, in view of Kim et al., and further in view of Ritter et al., disclose the apparatus of claim 13, as discussed above, wherein in a state that any one of the plurality of cinching cables (Jeong 30) is completely locked (Jeong Fig. 22; Jeong paragraphs 0248 and 0255),
the cinching actuator is continuously operated to move the lead nut assembly (Kim et al. 60; Jeong paragraph 0505),
[a lead nut] (Kim et al. 61) and [a cable lever] (Jeong 2520), connected to [a first cinching cable] whose locking is completed among the cinching cables, are unfastened from each other (Jeong paragraph 0437), and
the cable lever connected to [a second cinching cable] (Jeong paragraph 0506) among the cinching cables is fixed to the lead nut and operated to pull the cinching cable until the other cinching cable is completely locked (Jeong paragraph 0508).
Regarding claim 15, Jeong, in view of Kim et al., and further in view of Ritter et al., disclose the apparatus of claim 14, as discussed above, wherein the lead nut and the cable lever are unfastened from each other by the ball (Ritter et al. 23) in the lead nut being separated from the seating groove (Ritter et al. 21) in the cable lever and the spring ((Ritter et al. 22) being compressed, as discussed in claims 9-10 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Noh et al. KR 102290871 B1 disclose a front trunk actuator with two cable levers.
Jeong KR 102785956 B1 discloses a door latch with a cinch function with two cable levers.
Landskron US 20230087426 A1 discloses an actuator for a vehicle with two cable levers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anayansi Santiago whose telephone number is (571) 272-3138. The examiner can normally be reached Monday to Friday 8:30AM - 4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at (571) 270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Anayansi Santiago/Examiner, Art Unit 3612
/A.S./Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612