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
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the sensor claimed in claim 15, line 2 must be shown or the feature(s) canceled from the claim(s). Instant specification page 8, line 33-page 9, line 6 discusses the sensor and states it is not visible; therefore not depicted. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). 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 disclosure is objected to because of the following informalities:
The sensor discussed on page 8, line 33-page 9, line 6, is not given a reference character.
The assistance lever on page 9, line 16, is referred to as reference character 30.
Appropriate 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.
Claims 14, 15, 16, 17, 18, 19, 20, 23, 24, 25, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al, US 10669751 B2 (hereinafter Kim).
Regarding claim 14, Kim teaches a latch assembly (hood latch; [Abstract]; Fig 1) for collaboration with a striker (striker T), comprising:
a rotary bolt (latch lever 200) configured to move between an open position where the striker is released (Fig 5) and a closed position in which the striker is blocked by the rotary bolt (Fig 9); and
a motorized assistance lever (popup lever 420; 420 is moved by means of the motive power of driving motor 140 as discussed in col 7, line 44-56; thus powered by a motor; thereby meeting the Merriam-Webster definition 1 of motorized and the broadest reasonable interpretation of the term) having a general U-shaped form (Annotated excerpt Fig 2-Kim depicts 420 to have a general U-shaped form; In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), the court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant; the u-shape is discussed three times in the instant specification where the shape is not given at criticality, and configured with the ability to pivot which 420 of Kim also does) and configured to pivot around an axis (see Annotated excerpt Fig 2-Kim) located on one branch (movement from Fig 2 to Fig 3 depicts 420 pivoting around an axis located on the left branch of 420) to catch the striker with one branch (contact part 422) upfront the rotary bolt (Annotated excerpt Fig 2-Kim depicts 422 catching the striker at the front of and with 200; col 6, line 65-col 7, line 6) and an ejection position to eject with the other branch out of the rotary bolt (Annotated excerpt Fig 2-Kim depicts the ejection position of T from 200 with the right branch of 420).
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Annotated excerpt Fig 2-Kim
Regarding claim 15, Kim teaches the latch assembly according to claim 14, wherein the switching lever (600 and the pawl lever (300) are provided with a sensor (first switch 520 provided on 600; second switch 540 provided on 300; switches are devices that respond to a physical stimuli and transmit a resulting impulse thereby meeting the Merriam-Webster ) configured to detect a presence of the striker (T; col 3, lines 21-28; col 7, line 57-col 8, line 5).
Kim does not teach wherein one of the branches of the assistance lever is provided with a sensor configured to detect a presence of the striker.
The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit. The Court quoting In re Kahn, 441 F.3d 977, 988, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006), stated that “‘[R]ejections on obviousness cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness.’” KSR, 550 U.S. at 418, 82 USPQ2d at 1396. Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
See MPEP § 2143 for a discussion of the rationales listed above along with examples illustrating how the cited rationales may be used to support a finding of obviousness. See also MPEP § 2144 - § 2144.09 for additional guidance regarding support for obviousness determinations.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, using KSR Rationale E, to modify Kim’s latch apparatus to mount a switch on the assistance/popup lever. At the time of the invention, there had been a recognized design need in the art to monitor the status of an operating apparatus. There had been a finite number of identified, predictable solutions to the recognized need to monitor the status of an operating apparatus (e.g. switch as sensor, sensor) and a finite number of identified, predictable components upon which to mount the sensor/switch (e.g. popup lever, switching lever, pawl lever). One of ordinary skill in the art would have been motivated to provide a sensor to the assistance/popup lever in order to try and test for and develop an improved sensing and switching system in order to improve overall apparatus operation. One of ordinary skill in the art could have pursued the known potential switches or sensors on the known potential components to be sensed with a reasonable expectation of success resulting a predictable change of apparatus structure provided with a sensor/switch.
Regarding claim 16, Kim teaches the latch assembly according to claim 14, wherein each branch of the assistance lever comprises a free-end, the free-ends being spaced from each other by a distance (Annotated excerpt Fig 2-Kim depicts the free ends spaced by a distance) adapted to clasp the striker (movement from Fig 2 to Fig 4 depicts the distance adapted to clasp T).
Regarding claim 17, Kim teaches the latch assembly according to claim 14, wherein one of the branches comprises a curved form (Annotated excerpt Fig 2-Kim depicts the right branch to a curved form around 422).
Regarding claim 18, Kim teaches the latch assembly according to claim 14, wherein one of the branches comprises two angled portions (Annotated excerpt Fig 2-Kim depicts the left branch to comprise two angled portions).
Regarding claim 19, Kim teaches the latch assembly according to claim 14, further comprising a housing (base 100) on which the rotary bolt is pivotably mounted, the assistance lever being mounted on the housing (movement between Fig 2 and Fig 4 depicts 200 pivotably mounted to 100 and 420 mounted on 100; col 4, lines 39-61).
Regarding claim 20, Kim teaches the latch assembly according to claim 14, wherein the assistance lever (420) is pivotably operated by a power actuator (140) via a lift lever (cinching lever 440; col 6, lines 40-64).
Regarding claim 23, Kim teaches the latch assembly according to claim 14, wherein the rotary bolt (200) moves around a rotation axis which is located between the branches of the U-shaped assistance lever (420; movement from Fig 2 to Fig 3 depicts 200 rotating about its rotation axis which is located between the branches of 420).
Regarding claim 24, Kim teaches the latch assembly according to claim 14, wherein the rotary bolt (200) and the assistance lever (420) are non-coplanar (movement between Fig 2 and Fig 4 depicts 200 and 420 to rotate in different planes thereby being non-coplanar) such that the rotary bolt superposes at least one branch of the assistance lever in a frontal view (Annotated excerpt Fig 2-Kim depicts 200 to lay over 420 looking out of the page thereby meeting the Merriam-Webster definition of superpose and the broadest reasonable interpretation of the term).
Regarding claim 25, Kim teaches the latch assembly according to claim 14, wherein the assistance lever (420) is independent from the rotary bolt (200; Annotated excerpt Fig 2-Kim depicts 420 to be independent of 200).
Regarding claim 26, Kim teaches a closure panel (col 5, lines 14-24 discusses the closure panel being a vehicle hood) comprising: the latch assembly according to claim 14.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Kim, US 10669751 B2; as applied to claim 20 above, and further in view of Sturm et al., US 11428032 B2 (hereinafter Sturm).
Regarding claim 21, Kim teaches the latch assembly according to claim 20, wherein the lift lever (440) comprises a first end connected to the power actuator (140; Annotated excerpt Fig 2-Kim depicts the first end connected to 140) and a second end oblong protrusion (guide protrusion 444) engaged with a second protrusion provided on the assistance lever (protrusion 424; col 7, lines 44-56).
Kim does not teach a lift lever comprising a second end engaged in an oblong opening provided on the assistance lever.
Sturm teaches a lever (drive lever 5) with a second end (Fig 2 depicts the second end to be the lower end) engaged in an oblong opening (guide groove 23) on a lever (pull-closed lever 7) such that Sturm teaches a lift lever comprising a second end engaged in an oblong opening provided on the assistance lever
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, using KSR Rationale E, to modify Kim’s latch apparatus to try a different lever interaction structure using a pin in an oblong opening. At the time of the invention, there had been a recognized design need in the art to move one lever with another. There had been a finite number of identified, predictable solutions to the recognized need to move one lever with another (e.g. end of one lever pinned to the end of another lever, a cam on one lever engaging with a cam on another lever; a pin on one lever engaging with a slot opening on another lever). Kim teaches a cam 424 on a lever 420 interacting with an elongated cam 444 on another lever 440. Kim also teaches a pin 640 on a lever 600 engaging with an oblong opening 180 on housing 100 (Fig 6). Sturm teaches it is known in the art for a pin 20 on lever 5 to engaged an oblong opening 23 on lever 7 (Fig 1). One of ordinary skill in the art would have been motivated to try and test for and develop an lever engagement structure in order to improve overall apparatus operation. One of ordinary skill in the art could have pursued the known potential lever engagement structures with a reasonable expectation of success resulting a predictable change of apparatus structure provided with a change in lever engagement.
Allowable Subject Matter
Claim 22 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims.
Regarding claim 22, while Kim in view of Sturm teaches the latch assembly according to claim 21, and Kim teaches it is known in the art for levers to be slidably mounted on a linear guiding rail provided on the housing, one of ordinary skill in the art would not find it obvious to modify Kim in view of Sturm as claimed in the instant application wherein in the second end of the lift lever is further slidably mounted on a linear guiding rail provided on the housing without the use of impermissible hindsight and/or destroying the references.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to further show the state of the art for latch assemblies.
Kwak et al., US 20170253281 A1, teaches a pop-up structure of a tail gate with a rotary bolt and a spring biased, U-shaped, pivotable assistance lever which ejects a striker.
Klein et al., US 11781349 B2, teaches a closure latch assembly for a front trunk with pedestrian protection features with a rotary bolt and a motorized assistance lever.
Horschgen, WO 2023285498 A1, teaches a motor vehicle lock with a rotary bolt and a spring biased, U-shaped, pivotable assistance lever which ejects a striker.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A TULLIA whose telephone number is (571)272-6434. The examiner can normally be reached M-F 8-5 ET.
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/STEVEN A TULLIA/Examiner, Art Unit 3675