DETAILED ACTION
This non-final office action is in response to the claims filed on August 25, 2026.
Status of claims: claims 16-20 are cancelled; claims 1-15 are hereby examined below.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 4, 2026 has been entered.
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.
Claims 1, 2 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 11286702 to Krushel et al. (hereinafter “Krushel”).
Krushel discloses a drive device, comprising:
an articulated structure comprising a fixed end 36 and a movable end 12,24 articulately connected to the fixed end; (see FIG. 2B)
a transmission structure provided at the movable end and comprising a connecting rod 38 and a rocker arm 40, wherein one end of the connecting rod is rotatably connected to the rocker arm, and the other end of the connecting rod passes through the movable end to be rotatably connected to the fixed end; (see FIGS. 2B and 5) and
a drive structure provided at the movable end and comprising an actuator 14 and a drive shaft 72, (see FIG. 3A) wherein the drive shaft is fixedly connected to an end of the rocker arm away from the connecting rod,
wherein the movable end is positioned between the rocker arm and the fixed end, and
wherein the actuator, arranged at the movable end, (see FIG. 2B) generates rotational motion to drive the drive shaft to rotate the rocker arm about an axis of the drive shaft, and rotation of the rocker arm causes the connecting rod having a fixed length to exert a force on the fixed end, and due to the fixed end being fixed to a vehicle body, a reaction force back on the movable end causes the movable end to pivot away from the fixed end. (see FIG. 2B; note the arrows in FIG. 2B, especially the arrow next to the connecting rod 38 and the reverse force arrow for moving the door assembly 24 illustrated at the top of FIG. 2B) (claim 1)
Krushel further discloses wherein the drive structure comprises: a driving gear 56 connected to the actuator; and a driven gear 58 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. (see FIG. 3A) (claim 2)
Krushel further discloses wherein an end of the connecting rod close to the rocker arm comprises a first socket, an end of the rocker arm close to the connecting rod comprises a first ball, and the first ball is rotatably disposed in the first socket; and an end of the connecting rod close to the fixed end comprises a second socket, the fixed end comprises a second ball, and the second ball is rotatably disposed in the second socket. (see FIG. 5) (claim 6)
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.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Krushel, as applied to claim 2 above, in view of US 20110314739 to Kaburaki.
Krushel fails to disclose the driven gear comprises a first driven gear and a second driven gear.
Kaburaki teaches of a driven gear comprises a first driven gear 11,12 and a second driven gear 13, the first driven gear meshes with the driving gear 10 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)
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 Krushel driven gear with a first driven gear and second driven gear, as taught by Kaburaki with a reasonable expectation of success in order to minimize the width of the drive device housed in the door. Put another way, 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 Krushel driven gear with a first driven gear and second driven gear, as taught by Kaburaki with a reasonable expectation of success in order to facilitate accommodation of the drive device within a thin door. Furthermore, 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 Krushel driven gear with a first driven gear and second driven gear, as taught by Kaburaki with a reasonable expectation of success to strengthen the ability of the door to be “held at any open angle” (see abstract of Kaburaski) as well as to provide the drive structure with the benefits of improved reduction gearing, such as increased torque, improved speed control and energy efficiency. (claim 3)
Krushel, 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)
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Krushel, as applied to claim 1 above, in view of DE 202008004384U1.
Krushel 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 Krushel 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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Krushel, as applied to claim 1 above, in view of US 20180319342 to Worthen et al. (hereinafter “Worthen”).
Krushel, 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 Krushel 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.
Allowable Subject Matter
Claims 8-15 are allowed.
Response to Arguments
Applicant’s arguments regarding claim 1 are not persuasive since the examiner has interpreted element 24 to be part of the movable end and therefore Krushel continues to read on at least claim 1.
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
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