DETAILED ACTION
This non-final Office action is in response to the claims filed on December 17, 2024.
Status of claims: claims 16-20 are withdrawn; claims 1-15 are hereby examined below.
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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/13/2024, 2/18/2025, 9/17/2025, 1/23/2026 and 1/28/2026 were considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group I pertaining to claims 1-15 in the reply filed on 2/11/2026 is acknowledged.
Drawings
The drawings are objected to because: the recitation of claims 6 and 14 are not illustrated in the figures. For example, the first socket, first ball, second socket, and second ball recited in claim 6 are not illustrated in the figures. Similarly, the elements recited in claim 10 is not illustrated in the figures.
Also, the recitation of claim 9 is not illustrated.
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.
Claim Objections
Claims 1 and 8 are objected to because of the following informalities:
Claim 1, lines 2, 4, 7 – “structure,” has been replaced with “structure”
Claim 8, lines 4, 6, 10 – “structure,” has been replaced with “structure”
Appropriate correction is required.
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 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.
Claim 1-4, 8, 9, 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over DE 102018111067 A1 to Fischer in view of US 20110314739 to Kaburaki.
Fischer discloses a drive device, comprising:
an articulated structure, comprising a fixed end 24 and a movable end 23 articulately connected to the fixed end; (see FIG. 1)
a transmission structure, provided at the movable end and comprising a connecting rod 11 and a rocker arm 9, wherein one end of the connecting rod is rotatably connected to the rocker arm, and the other end of the connecting rod is rotatably connected to the fixed end; (see FIGS. 1 and 2) and
a drive structure 6, provided at the movable end and comprising an actuator 13.
Fischer fails to disclose a drive structure comprising an actuator and a drive shaft, wherein the drive shaft is fixedly connected to an end of the rocker arm away from the connecting rod, and the actuator drives the drive shaft to rotate the rocker arm about an axis of the drive shaft.
Kaburaki teaches of a drive device, comprising:
a transmission structure, provided at an end and comprising a connecting rod 17 and a rocker arm 16, wherein one end of the connecting rod is rotatably connected to the rocker arm, and the other end of the connecting rod is rotatably connected to an end; (see FIGS. 1 and 3) and
a drive structure 6, provided at an end and comprising an actuator 9 and a drive shaft 20, (see FIGS. 3 and 6 and at least paragraph [0028]) wherein the drive shaft is fixedly connected to an end of the rocker arm away from the connecting rod, and the actuator drives the drive shaft to rotate the rocker arm about an axis of the drive shaft.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the positioning of the Fischer articulated structure and swap the transmission structure and drive structure of Fischer with the transmission structure and drive structure of Kaburaki with a reasonable expectation of success in order to allow the Fischer tailgate to be “held at any open angle” (see abstract of Kaburaki) as well as to provide the drive structure with the benefits of reduction gearing, such as increased torque, improved speed control and energy efficiency. (claim 1)
Fischer, as applied above, further discloses wherein the drive structure comprises: a driving gear 10 connected to the actuator; (see FIG. 6 and paragraph [0020]) and a driven gear 11-13 meshing with the driving gear and fixedly connected to the drive shaft, the driving gear having a diameter smaller than that of the driven gear. (claim 2)
Fischer, as applied above, further discloses wherein the driven gear comprises a first driven gear 11,12 and a second driven gear 13, the first driven gear meshes with the driving gear and the second driven gear, respectively, and the second driven gear is fixedly connected to the drive shaft; and the first driven gear has a diameter larger than that of the driving gear and smaller than that of the second driven gear. (see FIG. 6) (claim 3)
Fischer, as applied above, further discloses wherein the first driven gear comprises a first sub-gear 11 and a second sub-gear 12, the first sub-gear is fixedly connected to the second sub-gear, and the first sub-gear has a diameter larger than that of the second sub-gear; and the first sub-gear meshes with the driving gear, and the second sub-gear meshes with the second driven gear. (see FIG. 6) (claim 4)
Fischer discloses a vehicle, comprising:
a door assembly 3; (see FIG. 1) and
a drive device configured to drive the door assembly to open and close, and comprising
an articulated structure, comprising a fixed end 24 and a movable end 23 articulately connected to the fixed end; (see FIG. 1)
a transmission structure, provided at the movable end and comprising a connecting rod 11 and a rocker arm 9, wherein one end of the connecting rod is rotatably connected to the rocker arm, and the other end of the connecting rod is rotatably connected to the fixed end; (see FIGS. 1 and 2) and
a drive structure 6, provided at the movable end and comprising an actuator 13.
Fischer fails to disclose a drive structure comprising an actuator and a drive shaft, wherein the drive shaft is fixedly connected to an end of the rocker arm away from the connecting rod, and the actuator drives the drive shaft to rotate the rocker arm about an axis of the drive shaft.
Kaburaki teaches of a drive device, comprising:
a transmission structure, provided at an end and comprising a connecting rod 17 and a rocker arm 16, wherein one end of the connecting rod is rotatably connected to the rocker arm, and the other end of the connecting rod is rotatably connected to an end; (see FIGS. 1 and 3) and
a drive structure 6, provided at an end and comprising an actuator 9 and a drive shaft 20, (see FIGS. 3 and 6 and at least paragraph [0028]) wherein the drive shaft is fixedly connected to an end of the rocker arm away from the connecting rod, and the actuator drives the drive shaft to rotate the rocker arm about an axis of the drive shaft.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the positioning of the Fischer articulated structure and swap the transmission structure and drive structure of Fischer with the transmission structure and drive structure of Kaburaki with a reasonable expectation of success in order to allow the Fischer tailgate to be “held at any open angle” (see abstract of Kaburaki) as well as to provide the drive structure with the benefits of reduction gearing, such as increased torque, improved speed control and energy efficiency. (claim 8)
Fischer, as applied above, further discloses a vehicle body, (see FIG. 1) wherein the door assembly comprises a lower tailgate 3, the movable end of the articulated structure of the drive device is fixedly connected to the lower tailgate, and the fixed end of the articulated structure is fixedly connected to the vehicle body. (see FIG. 1) (claim 9)
Fischer, as applied above, further discloses wherein the drive structure comprises: a driving gear 10 connected to the actuator 9; and a driven gear 11-13 meshing with the driving gear and fixedly connected to the drive shaft, the driven driving gear having a diameter smaller than that of the driven gear. (see FIG. 6) (claim 11)
Fischer, as applied above, further discloses wherein the driven gear comprises a first driven gear 11,12 and a second driven gear 13, the first driven gear meshes with the driving gear and the second driven gear, respectively, and the second driven gear is fixedly connected to the drive shaft; and the first driven gear has a diameter larger than that of the driving gear and smaller than that of the second driven gear. (see FIG. 6) (claim 12)
Claims 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Fischer in view of Kaburaki, as applied to claims 1 and 8 above, in further view of DE 202008004384U1.
Fischer, as applied above, fails to disclose a sealing sleeve disposed around a portion of the connecting rod.
DE 202008004384U1 teaches of a sealing sleeve 20 disposed around a portion of a connecting rod 4 (see FIGS. 1 and 2), one end of the sealing sleeve being fixedly connected to the connecting rod, and the other end of the sealing sleeve extending to a movable end 6.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the connecting rod disclosed in Fischer with the sealing sleeve taught in DE 202008004384U1 with a reasonable expectation of success in order to protect at least a portion of the connecting rod from dirt, debris and water; thus extending the life of the drive device.
Claims 6 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Fischer in view of Kaburaki, as applied to claims 1 and 8 above.
Fischer, as applied above, further discloses wherein an end of the connecting rod close to the rocker arm comprises a first ball, an end of the rocker arm close to the connecting rod comprises a first socket, and the first ball is rotatably disposed in the first socket; and an end of the connecting rod close to an end comprises a second ball, the end comprises a second socket, and the second ball is rotatably disposed in the second socket.
Fischer, as applied above, fails to disclose each end of the connecting rod comprises a socket, rather than balls. On the other hand, it would have been obvious to a person of ordinary skill in the art at the time the invention was made to swap the positions of the sockets and balls on Fischer to facilitate engagement of the connecting rod with the rocker arm as well as since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art.
Claims 7 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Fischer in view of Kaburaki, as applied to claims 1 and 8 above, in further view of US 20180319342 to Worthen et al. (hereinafter “Worthen”).
Fischer, as applied above, fails to disclose a torque sensor.
Worthen teaches of a torque sensor 94 configured to detect a torque of the actuator 26. (see [0053])
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the Fischer drive device with a torque sensor as taught in Worthen with a reasonable expectation of success in order to detect, among other things, an obstruction when moving the door assembly.
Claim 10 are rejected under 35 U.S.C. 103 as being unpatentable over Fischer in view of Kaburaki, as applied to claim 9 above, in further view of US 20100242363 to Hirota et al. (hereinafter “Hirota”).
Fischer, as applied above, fails to disclose a locking structure and locking sensor.
Hirota teaches of a locking structure comprising a vehicle body locking member 4 (see [0027]) and a lower tailgate locking member 10 (see [0028]) cooperating with the vehicle body locking member; and a locking sensor 54 (see [0046]) configured to detect a locking state between the vehicle body locking member and the lower tailgate locking member.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the vehicle disclosed in Fischer with the locking structure and locking sensor taught in Hirota with a reasonable expectation of success in order to allow for the tailgate to be locked, including electronically locked.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARCUS MENEZES whose telephone number is (571)272-5225. The examiner can normally be reached on M - F 7:30 -4 PST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Daniel Cahn can be reached on 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Marcus Menezes/
Primary Examiner, Art Unit 3634
Prosecution Insights