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 .
Information Disclosure Statement
The information disclosure statement of 01/15/2025 has been received and reviewed.
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 7-8 and 16 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.
Claims 7-8 recites the limitation "the pivot lever" in lines 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 8 recites the limitation "the axis" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 is rejected due to its dependency on a rejected claim.
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.
Claim(s) 1-15 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6386599 to Chevalier.
Regarding claim 1, Chevalier discloses:
A drive unit for motor vehicle applications (fig 11), comprising an electromotive drive (70) comprising an electric motor (70), and a drive wheel (40), an actuating element (11) acted upon by the drive wheel, and a crown gear transmission stage (60) implemented between a pinion (31) on an output shaft (25) of the electric motor and the drive wheel, wherein the drive wheel has a spiral contour and/or a toothed contour for acting upon the actuating element (via 40).
Regarding claim 2, Chevalier discloses:
The drive unit according to claim 1, wherein the drive wheel comprises a crown toothing (62) on a first respective surface (surface of 40 that connects to 60) of the drive wheel, and wherein the spiral contour is provided on a second respective surface of the drive wheel, opposite the first respective surface of the drive wheel equipped with the crown toothing.
Regarding claim 3, Chevalier discloses:
The drive unit according to claim 1, wherein the toothed contour is provided on the first respective surface of the drive wheel equipped with the crown toothing (62).
Regarding claim 4, Chevalier discloses:
The drive unit according to claim 1, wherein the actuating element is designed as a pivot lever (11) mounted to rotate about an axis (15) of the pivot lever.
Regarding claim 5, Chevalier discloses:
The drive unit according to claim 4, wherein the axis of the pivot lever is defined by a bearing pin (15), standing vertically on a housing cover (see col 11 lines 23-25).
Regarding claim 6, Chevalier discloses:
The drive unit according to claim 4, wherein the pivot lever rests with a stop (16) on a head side (right side seen in fig 11) of the pivot lever against the spiral contour.
Regarding claim 7, Chevalier discloses:
The drive unit according to claim 1, wherein the spiral contour in an undeflected end position at least partially overlaps the pivot lever (fig 11).
Regarding claim 8, Chevalier discloses:
The drive unit according to claim 7, wherein an axis of the drive wheel and the axis of the pivot lever are arranged perpendicular to each other (fig 11).
Regarding claim 9, Chevalier discloses:
The drive unit according to claim 1, wherein the electric motor with the output shaft and the pinion thereon forms a right-hand angle of engagement with the drive wheel with the crown toothing (right hand angle formed in fig 11).
Regarding claim 10, Chevalier discloses:
The drive unit according to claim 1, wherein the electric motor with the output shaft has a longitudinal extension (25) which is aligned in a direction of a center of the drive wheel (fig 11) in the center.
Regarding claim 11, Chevalier discloses:
The drive unit according to claim 4, wherein the electric motor with the output shaft has a longitudinal extension (71) which forms an acute angle with the axis of the pivot lever (angle formed between 15 and 71).
Regarding claim 12, Chevalier discloses:
The drive unit according to claim 1, wherein at least the drive wheel and the actuating element are each designed as plastic injection-molded parts (fig 1). [NOTE: The italicized limitation recites a product by process limitation. Even though product by process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production, only the end result. See MPEP2113. Since Haas teaches a drive wheel and an actuating element, the end result is the same regardless of the method used to produce the elements.]
Regarding claim 13, Chevalier discloses:
The drive unit according to claim 1, wherein the actuating element includes a gear wheel arch (16), and wherein the electric motor with the output shaft has a longitudinal extension (71) which is largely oriented tangentially in comparison to the gear wheel arch on the actuating element (fig 11).
Regarding claim 14, Chevalier discloses:
The drive unit according to claim 1, wherein the actuating element acts upon a transmission lever (20) of a motor vehicle latch (see abstract).
Regarding claim 15, Chevalier discloses:
A motor vehicle latch (fig 11, see abstract), comprising- the drive unit according to claim 1, and a locking mechanism (20) acted upon by the drive unit.
Regarding claim 17, Chevalier discloses:
The drive unit according to claim 4, wherein the toothed contour of the drive wheel interacts with an associated toothed contour (16) on the pivot lever, wherein an axis of the drive wheel and an axis of the pivot lever run parallel to one another (fig 11).
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 (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 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(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 6386599 to Chevalier in view of US 20200325706 to Inan.
Regarding claim 16, Chevalier does not explicitly disclose:
The drive unit according to claim 8, wherein the spiral contour is a helical spiral surface wound around an axis of the drive wheel.
However, Inan teaches that it is well known in the art for an a spiral contour to be a helical spiral surface (17) would around an axis of the drive wheel. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Inan into Chevalier at least because doing so requires the simple substitution of one known feature for another and could be accomplished without undue experimentation and would yield the same result, providing a drive wheel. See MPEP 2143, subsection I.B. (3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yahya Sidky whose telephone number is (571)272-6237. The examiner can normally be reached Monday-Thursday 8:30-4:30.
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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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/Y.S./Patent Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675