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 .
Election/Restrictions
Applicant’s election without traverse of Species 1 (Fig.1) in the reply filed on 7/31/2025 was previously acknowledged in the previous 8/29/2025 Office Action.
Claim 23 remains withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
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 17, 18, 20-22, 24, 25, 27, 29, 30 and 32 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Masaki US6053833.
Claim 17. An actuating drive for an electrical assembly of a motor vehicle, the actuating drive comprising: a drive train (fig.1) including a drive transmission (4), the drive transmission including at least one rotatably mounted, first transmission element (4); and a locking unit (6, 13) configured to lock the drive train, the locking unit including a self-locking locking transmission (6, 13) that includes at least one rotatably mounted, second transmission element (6), the second transmission element being mechanically operatively connected to the first transmission element of the drive transmission, wherein: the first transmission element of the drive transmission and the second transmission element of the locking transmission are mounted rotatably about a common axis of rotation (central axis of 4 and 6), the first transmission element has a first toothing (toothing of 4) and the second transmission element has a second toothing (toothing of 6) which differs (differs in location, orientation, etc.) from the first toothing, and the first transmission element and the second transmission element form a corotational unit (4, 6) that is mounted rotatably about the common axis of rotation.
Claim 18. The actuating drive according to claim 17, wherein: the second toothing is designed such that the second toothing, in interaction with a third transmission element (13) of the actuating drive, forms a self-locking of the locking transmission, and/or the locking transmission includes the third transmission element, which has a third toothing (6s) corresponding to the second toothing of the second transmission element.
Claim 20. The actuating drive according to claim 17, wherein: the drive transmission includes a fourth transmission element (gear between 4 and 6), which is mounted rotatably about the common axis of rotation, and/or the first transmission element is arranged between the second transmission element and the fourth transmission element in an axial direction of the common axis of rotation.
Claim 21. The actuating drive according to claim 20, wherein the first transmission element, the second transmission element, and/or the fourth transmission element are jointly in the form of a the corotational unit (4, 6).
Claim 22. The actuating drive according to claim 21, wherein the corotational unit is in the form of a double gear wheel (6r and 4r each have two gears thereon) or a triple gear wheel (6p, 4p and gear therebetween form a triple gear), and/or the corotational unit is mounted rotatably about the common axis of rotation (see mounting in fig.1).
Claim 24. The actuating drive according to claim 21, wherein the corotational unit is a multi-part design, with the first, second, and fourth transmission elements of the corotational unit being interconnected (see fig.1).
Claim 25. The actuating drive according to claim 21, wherein the actuating drive further includes a housing and a support element (8, 9) arranged in the housing.
Claim 27. The actuating drive according to claim 21, wherein the actuating drive has an output shaft (shaft carrying 5 and 7), which is formed by the fourth transmission element or is operatively connected, directly, or indirectly via at least one fifth transmission element (5, 7) to the fourth transmission element.
Claim 29. The actuating drive according to claim 17, wherein the drive train includes a drive motor (8) for driving the drive transmission, which is upstream of the drive transmission, and/or which is operatively connected to the drive transmission.
Claim 30. The actuating drive according to claim 29, wherein the locking unit includes a locking motor (9) for driving the locking transmission which is upstream of the locking transmission, and/or which is operatively connected to the locking transmission.
Claim 32. The actuating drive according to claim 29, wherein the actuating drive has a control unit (12, 10, 11) configured to control an operation of the drive motor and the locking motor such that the drive motor and the locking motor can be operated: asynchronously and/or with a time delay relative to one another, in at least one starting operation in order to avoid and/or release a blockage of the locking transmission, and/or synchronously, in a normal operating mode to actuate the actuating drive (see MPEP 2112.01 and 2114 regarding prima facie inherency of functions in apparatus claims to prior art structure reading on claimed structure, as well as applicant’s burden to obtain/test the prior art to prove otherwise).
Claims 17-22 and 24-32 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by DE19611910.
Claim 17. An actuating drive for an electrical assembly of a motor vehicle, the actuating drive comprising: a drive train (e.g., fig.2) including a drive transmission (83, 84), the drive transmission including at least one rotatably mounted, first transmission element (83); and a locking unit (88) configured to lock the drive train, the locking unit including a self-locking locking transmission (88) that includes at least one rotatably mounted, second transmission element (88), the second transmission element being mechanically operatively connected to the first transmission element of the drive transmission, wherein: the first transmission element of the drive transmission and the second transmission element of the locking transmission are mounted rotatably about a common axis of rotation, the first transmission element has a first toothing (toothing of 83) and the second transmission element has a second toothing (toothing of 88) which differs (differs in location, orientation, etc.) from the first toothing, and the first transmission element and the second transmission element form a corotational unit (83, 88) that is mounted rotatably about the common axis of rotation.
Claim 18. The actuating drive according to claim 17, wherein: the second toothing is designed such that the second toothing, in interaction with a third transmission element (90) of the actuating drive, forms a self-locking of the locking transmission, and/or the locking transmission includes the third transmission element, which has a third toothing (toothing of 90) corresponding to the second toothing of the second transmission element.
Claim 19. The actuating drive according to claim 18, wherein the second transmission element is a worm gear (88) and/or the third transmission element is a worm (90) of a worm drive (90, 92).
Claim 20. The actuating drive according to claim 17, wherein: the drive transmission includes a fourth transmission element (72, 62), which is mounted rotatably about the common axis of rotation, and/or the first transmission element is arranged between the second transmission element and the fourth transmission element in an axial direction of the common axis of rotation.
Claim 21. The actuating drive according to claim 20, wherein the first transmission element, the second transmission element, and/or the fourth transmission element are jointly in the form of the corotational unit (83, 88).
Claim 22. The actuating drive according to claim 21, wherein the corotational unit is in the form of a double gear wheel (88, 83) or a triple gear wheel, and/or the corotational unit is mounted rotatably about the common axis of rotation (see mounting in fig.2).
Claim 24. The actuating drive according to claim 21, wherein the corotational unit is a multi-part design (88, 83, 72, 62), with the first, second, and fourth transmission elements of the corotational unit being interconnected (see fig.2).
Claim 25. The actuating drive according to claim 21, wherein the actuating drive further includes a housing (58) and a support element (68) arranged in the housing.
Claim 26. The actuating drive according to claims 25, wherein the actuating drive includes at least one bearing element (70) via which the corotational unit is mounted in at least one bearing region (region of 58 having bearing 70 therein) of the housing and/or the support element, the corotational unit being rotatably about the common axis of rotation.
Claim 27. The actuating drive according to claim 21, wherein the actuating drive has an output shaft (62), which is formed by the fourth transmission element or is operatively connected, directly, or indirectly via at least one fifth transmission element (72) to the fourth transmission element.
Claim 28. The actuating drive according to claim 17, wherein play (inherent from tolerances between parts) is formed between the first transmission element and the second transmission element, which are connected for conjoint rotation, such that the first and second transmission elements can rotate in opposite directions in the circumferential direction of the common axis of rotation within the extent of the play (see MPEP 2112.01 and 2114 regarding prima facie inherency of functions in apparatus claims to prior art structure reading on claimed structure, as well as applicant’s burden to obtain/test the prior art to prove otherwise).
Claim 29. The actuating drive according to claim 17, wherein the drive train includes a drive motor (86) for driving the drive transmission, which is upstream of the drive transmission, and/or which is operatively connected to the drive transmission.
Claim 30. The actuating drive according to claim 29, wherein the locking unit includes a locking motor (92) for driving the locking transmission which is upstream of the locking transmission, and/or which is operatively connected to the locking transmission.
Claim 31. The actuating drive according to claim 30, wherein the locking motor is smaller (see figs.2 and 3 showing 92 to be smaller than 86) and/or has lower electrical power than the drive motor.
Claim 32. The actuating drive according to claim 29, wherein the actuating drive has a control unit (the disclosed function “electronically commutated in order to be able to set a defined clearance” inherently requires some form a control unit, e.g., power supply, etc.) configured to control an operation of the drive motor and the locking motor such that the drive motor and the locking motor can be operated: asynchronously and/or with a time delay relative to one another, in at least one starting operation in order to avoid and/or release a blockage of the locking transmission, and/or synchronously, in a normal operating mode to actuate the actuating drive (see MPEP 2112.01 and 2114 regarding prima facie inherency of functions in apparatus claims to prior art structure reading on claimed structure, as well as applicant’s burden to obtain/test the prior art to prove otherwise).
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 33 is rejected under 35 U.S.C. 103 as being unpatentable over Masaki US6053833 and Matsuto US11054016.
Claim 33. The Masaki locking unit lacks at least one sensor as claimed. Matsuto teaches that it was well known in the actuating drive art to be desirable for a locking unit (61) to include at least one sensor (69, 70, 83) configured to detect a blockage of the actuating drive (see MPEP 2112.01 and 2114 regarding prima facie inherency of functions in apparatus claims to prior art structure reading on claimed structure, as well as applicant’s burden to obtain/test the prior art to prove otherwise). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Masaki as such.
Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over DE19611910 and Matsuto US11054016.
Claim 33. The DE19611910 locking unit lacks at least one sensor as claimed. Matsuto teaches that it was well known in the actuating drive art to be desirable for a locking unit (61) to include at least one sensor (69, 70, 83) configured to detect a blockage of the actuating drive (see MPEP 2112.01 and 2114 regarding prima facie inherency of functions in apparatus claims to prior art structure reading on claimed structure, as well as applicant’s burden to obtain/test the prior art to prove otherwise). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify DE19611910 as such.
Response to Arguments
Applicant argues (2/3/2026 Remarks) that independent claim 17 has been amended to overcome the prior art rejections. This is not persuasive. The prior art continues to suggest the claims, to include the amendments to claim 17, as is detailed in the reworded rejections above.
Conclusion
Applicant's amendment necessitated the new grounds of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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