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 Objections
Claim(s) 14 objected to because of the following informalities: claim(s) should be amended to recite “during the normal operating condition, powering a motor in a first actuation to rotate a power release gear in a first direction to operably move a pawl from a ratchet holding position to a ratchet releasing position to cause a ratchet to move from a primary striker capture position to a striker release position[[,]]; and,
if the pawl fails to move from the ratchet holding position to the ratchet releasing position, switching to the emergency operating condition; and
during the emergency operating condition, powering the motor in a second actuation to rotate the power release gear in a second direction”. Appropriate correction or clarification is required.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 14-16 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schiffer (US-11377882-B2).
With regards to claim 14, Schiffer discloses a method of actuating a closure latch assembly (1 Figure 1) in a normal operating condition (Col. 7 Lines 39-52) and in an emergency operating condition (Col. 8 Lines 30-39), comprising:
during the normal operating condition, powering a motor (7 Figure 2) in a first actuation to rotate a power release gear (3 Figure 1) in a first direction (P Figure 1) to operably move a pawl from a ratchet holding position to a ratchet releasing position to cause a ratchet to move from a primary striker capture position to a striker release position (15 Figure 1, Col. 3 Lines 1-22)(Col. 7 Lines 39-52), and, if the pawl fails to move from the ratchet holding position to the ratchet releasing position (Cols. 3-4 Lines 64-16); and
during the emergency operating condition, powering the motor in a second actuation to rotate the power release gear in a second direction (opposite P, Figure 1) to operably move the pawl from the ratchet holding position to the ratchet releasing position to cause the ratchet to move from the primary striker capture position to the striker release position (15 Figure 1, Col. 3 Lines 1-22)(Col. 8 Lines 30-39).
With regards to claim 15, Schiffer discloses the method of claim 14, further including causing said power release gear (3 Figure 1) to exert a first force on said pawl (15 Figure 1, Col. 3 Lines 1-22) while rotating in the first direction (P Figure 1) and a second force on said pawl while rotating in the second direction (opposite P, Figure 1), said second force being greater than said first force (Col. 7 Lines 39-52, Col. 8 Lines 30-39).
With regards to claim 16, Schiffer discloses the method of claim 14, further including causing said power release gear (3 Figure 1) to rotate over first range of degrees while rotating in the first direction and over a second range of degrees while rotating in the second direction, the second range of degrees being greater than the first range of degrees (Col. 7 Lines 39-52, Col. 8 Lines 30-39).
With regards to claim 20, Schiffer discloses the method of claim 14, further including powering the motor (7 Figure 1) with a primary power source during the normal operating condition (2 Figure 1, operated during the normal operating condition, Col. 7 Lines 39-52) and powering the motor with a back-up power source during the emergency operating condition (2 Figure 1, operated during the emergency operating condition, Col. 8 Lines 30-39).
Allowable Subject Matter
Claims 1-13 allowed.
Claims 17-19 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Although the references of record show some features similar to those of applicant's device, the prior art fails to teach or make obvious the claimed invention. With regards to claim 1, Schiffer discloses a closure latch assembly (1 Figure 1) for a vehicle closure panel (Col. 1 Lines 21-29), comprising:
a motor (7 Figure 1);
a power release gear (3 Figure 1) configured to be driven by said motor from a home position to a release position and back to the home position (Cols. 7-8 Lines 63-9); and
a latch mechanism including a ratchet and a pawl (15 Figure 1), the ratchet being moveable between a primary striker capture position and a striker release position, the pawl being moveable between a ratchet holding position, whereat the pawl holds the ratchet in the primary striker capture position, and a ratchet releasing position, whereat the pawl permits the ratchet to move to its striker release position (Col. 3 Lines 1-22),
wherein the motor, upon being energized in a first actuation, drives the power release gear in a first direction (P Figure 1) from the home position to the release position, whereupon the power release gear operably drives the pawl from the ratchet holding position to the ratchet releasing position such that the ratchet can move from the primary striker capture position to the striker release position (Col. 7 Lines 39-52).
However, Schiffer does not disclose that the motor, upon causing the pawl to move to the ratchet releasing position and the ratchet to move from the primary striker capture position to the striker release position, drives the power release gear in the first direction back to the home position. Schiffer’s drivetrain is instead configured to rotate in a second direction to drive the power release gear to the home position under the influence of the electric motor or a return spring (Col. 8 Lines 1-9). Although such unidirectional resetting means are generally known in the art, the Examiner can find no teaching or motivation to suggest such a modification without fundamentally altering the principles of operation of Schiffer’s device, or otherwise relying upon the benefit of impermissible hindsight reasoning.
With regards to claim 17, Schiffer fails to disclose the method of claim 14, further including, during the emergency operating condition, powering the motor in a third actuation after the second actuation to rotate the power release gear in the first direction to operably move the pawl from the ratchet holding position to the ratchet releasing position to cause the ratchet to move from the primary striker capture position to the striker release position. Therefore, such a configuration is not taught by the prior art, nor can the Examiner can find teaching or motivation to suggest such a modification to one of ordinary skill in the art without fundamentally altering the principles of operation of the device or otherwise relying upon the benefit of impermissible hindsight reasoning.
Additional Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-12338663-B2: A related closure latch assembly.
US-20230034544-A1: A related closure latch assembly.
US-20250290356-A1: A related closure latch assembly.
US-11668121-B2: A related closure latch assembly.
US-20230079726-A1: A related closure latch assembly.
US-20240018804-A1: A related closure latch assembly.
US-20230366244-A1: A related closure latch assembly.
DE-102014119382-A1: A related closure latch assembly.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Noah Horowitz, whose telephone number is (571)272-5532. The examiner can normally be reached Monday - Friday, 11:00AM - 7:00 PM.
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/NOAH HOROWITZ/Examiner, Art Unit 3675