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 .
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.
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on June 9, 2026 is acknowledged.
Applicant states that claims 1-6 and 9-15 are readable on elected Species I and that claims 7, 8, and 16 are withdrawn. The examiner respectfully disagrees. Claim 5 recites a guide track and a control contour, which is a feature of non-elected Species II. Claims 7 and 8 are readable on the elected Species based on Paragraph 42 of the specification. In regards to claim 16, it is unclear whether the claim is drawn to Species I or Species II since the claim recites that the multiple arms of the control member each act on a respective contour from among the first transmission contour and the second transmission contour, which is not a feature of either species. The specification states in Paragraph 42 that the control member of Species I only acts on the second transmission contour 14b and not the first transmission contour 14a, and it is understood from Figures 9-12 of Species II that the multiple arms of the control member acts on a portion of the transmission lever 14 that is not the first transmission contour 14a. Even though claim 16 is unclear, the claim will be examined and rejected under 35 U.S.C. 112(b). Claim 5 is withdrawn, and the examination of claims 1-4 and 6-16 is set forth below.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 1. 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. 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.
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 motor vehicle latch cooperating with an external door handle, as recited in claim 12, must be shown or the feature(s) canceled from the claim(s). 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: Paragraph 28, line 8, the phrase “Figures 8 to 12” should be changed to “Figures 9 to 12.”
Appropriate correction is required.
Claim Objections
Claims 6, 11, and 13 are objected to because of the following informalities:
In regards to claim 6, line 2, the phrase “the at least two-part clutch” should be changed to “the at least two-part clutch element.”
In regards to claim 11, line 2, the phrase “the electromotive drive beyond” should be changed to “the electromotive drive from beyond,” and in lien 3, the phrase “the staring position” should be changed to “the starting position.”
In regards to claim 13, lines 1 and 2, commas should be inserted before and after the phrase “in an unsecured functional state.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 and 6-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regards to claims 1 and 2, the claim language suggests that the operating lever chain, the securing unit, and the at least two-part clutch are separate groupings of elements, however, the specification states that the operating lever chain includes elements 3, 4, 5, 6, 7, that the securing unit includes elements 5 and 6, and that the at least two-part clutch element includes elements 4, 5, 6. Therefore, all these recited groupings or structures, i.e. the operating lever chain, the securing unit, and the at least two-part clutch element, include shared components and cannot be recited in the claims as separate structures/groupings, as suggested by the claim language. For examination purposes, the claims will be examined as allowing shared components between the operating lever chain, the securing unit, and the at least two-part clutch element.
In regards to claim 12, it is unclear how the motor vehicle latch would be operated by an external door handle. Specifically, the drawings show how the inside door handle would be coupled to the motor vehicle latch by the interior operating lever 3, but the drawings and specification do no provide an explanation of how an exterior door handle would be coupled to the motor vehicle latch, such that one can ascertain how an exterior door handle would provide the same two-stroke operation as the inside door handle as required by claim 1. For examination purposes, the claim will be given a broad interpretation.
In regards to claim 16, it is unclear how the multiple arms of the control member each act on a respective contour from among the first transmission contour and the second transmission contour. Specifically, Paragraph 42 of the specification states that the first transmission contour 14a acts on the second clutch member and the control member acts on the second transmission contour 14b, and therefore, there is no support for the multiple arms of the control member to act on the first transmission contour and the second transmission contour, respectively. For examination purposes, the claim will be given a broad interpretation.
In regards to claims 3, 4, 6-11, and 13-15, these claims are rejected under 35 U.S.C. 112(b) because they depend from claim 1.
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.
Claim(s) 1-4, 6-8, 10, and 12-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gülkan (DE 102018125172 A1).
In regards to claim 1, Gülkan discloses a motor vehicle latch comprising: a locking mechanism including a catch 2a and a pawl 2b, an operating lever chain 8 and 9 including a door handle 9, an electromotive drive 6, and a securing unit 11, 22, 3, wherein the electromotive drive is configured to operate both on the locking mechanism (Paragraph 29 of the Computer Generated Translation) and at least temporarily on the securing unit during an electrical opening (acts on the securing unit in Figure 3), wherein the locking mechanism is configured to be opened by a two-stroke operation of the door handle (Paragraphs 10, 15, 16, 31, and 32 of the Computer Generated Translation), and wherein the two-stroke operation is configured to be deactivated during the electrical opening (Figure 3).
In regards to claim 2, Gülkan discloses an at least two-part clutch element 3, 8, 22 including a first clutch lever 22 and a second clutch lever 3, wherein the at least two-part clutch element is arranged between the electromotive drive and the door handle (Figure 2).
In regards to claim 3, Gülkan discloses that the first clutch lever of the at least two-part clutch element is operably connected to the door handle (Figure 2).
In regards to claim 4, Gülkan discloses a transmission lever 19 configured to interact with the electromotive drive, wherein the second clutch lever of the at least two-part clutch element is operably connected to the transmission lever (Figure 2).
In regards to claim 6, Gülkan discloses that the at least two-part clutch element includes a third clutch lever 8, and wherein the first and second clutch elvers are operably connected via the third clutch lever (Figure 6).
In regards to claim 7, Gülkan discloses a control member 6a, 7a (as a unit), wherein the transmission lever includes a first transmission contour 20 and a second transmission contour (contour about which rope 7a is at least partially wound, Figures 2 and 3), and wherein the first transmission contour acts on the second clutch lever (contacts portion 21 of the second clutch lever, Figure 3) and the control member acts on the second transmission contour (Figures 2 and 3).
In regards to claim 8, Gülkan discloses that the electromotive drive is configured to interact with the control member (Figure 2).
In regards to claim 10, Gülkan discloses that the operating lever chain is an inside operating lever chain (considered inside because it is related to an inside door handle) and the door handle is an inside door handle (the door handle is considered as an inside door handle because it can be actuated by an occupant of the vehicle, Paragraph 30 of the Computer Generated Translation).
In regards to claim 12, Gülkan discloses that the operating chain is an external operating lever chain (considered external because at least portions of the operating chain, including the handle 9 and the Bowden cable 10, are external to housing 18) and the door handle is an external door handle (the handle 9 is considered as an external door handle because it is mounted on the exterior of the door panel to be actuated by an occupant within the vehicle).
In regards to claim 13, Gülkan discloses that the securing unit, in an unsecured functional state (Figure 2), is configured to temporarily transfer to a secured position (position in Figure 3 in which component 3 of the securing unit is moved) during the electrical opening and return to the unsecured functional state when the electrical opening is complete (apparent that the motor vehicle latch returns to its original state in Figure 2).
In regards to claim 14, Gülkan discloses the two-stroke operation of the door handle is configured to override the securing unit to manually open the locking mechanism when the electromotive drive fails (Paragraph 3 of the Computer Generated Translation).
In regards to claim 15, Gülkan discloses that the first clutch lever is indirectly connected to the door handle via a Bowden cable 10.
In regards to claim 16, Gülkan discloses that the control member includes multiple arms (projecting portions 6a and 7a, Figure 2), with at least one of the multiple arms acting directly or indirectly on the second transmission contour (Figures 2 and 3).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gülkan (DE 102018125172 A1) in view of Graute (DE 102014115323 A1). Gülkan discloses that the electromotive drive is driven to a position (position or state in Figure 3 in which the electromotive drive moves at least components 6a and 7a) beyond a starting point (Figure 2) and then returns to the starting point, but fails to disclose that the electromotive drive includes a return spring acting on one side of the electromotive drive, with the return spring being configured to reverse to the electromotive drive back toward the starting position. Graute teaches an electromotive drive 31 acting on a rotational lever 19 via a connecting element 29, with the electromotive drive and the rotational lever 19 being driven to a position beyond a starting position and then are both returned to the starting position by a return spring acting on the rotational lever that is on one side of the electromotive drive (Paragraphs 29, 31, and 32 of the Computer Generated Translation). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include a return spring with the transmission lever 19 of Gülkan, with reasonable expectation of success, so as to aid the electromotive drive and the other components of the device to return to their starting or original positions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSON MERLINO whose telephone number is (571)272-2219. The examiner can normally be reached Monday - Friday 7 AM to 3 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 August 26, 2026
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