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 .
Claim Objections
Claim(s) 5-7, 9 and 11 objected to because of the following informalities: claim(s) should be amended to first recite “a [[the]] coupling lever”. Appropriate correction or clarification is required to avoid rejection for lack of antecedent basis under 35 U.S.C. 112(b).
Claim(s) 10-11 objected to because of the following informalities: claim(s) should be amended to first recite “a [[the]] actuating lever”. Appropriate correction or clarification is required to avoid rejection for lack of antecedent basis under 35 U.S.C. 112(b).
Claim(s) 11 and 18-19 objected to because of the following informalities: claim(s) should be amended to first recite “a [[the]] switching lever”. Appropriate correction or clarification is required to avoid rejection for lack of antecedent basis under 35 U.S.C. 112(b).
In addition to the objections above, the Examiner requests that Applicant review the claims to correct any further issues of omitted antecedent bases and/or missing intended claim dependencies created by the preliminary amendment. Appropriate correction or clarification is required throughout the claims to avoid rejection under 35 U.S.C. 112(b).
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 1-20 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.
Claim 1 recites “wherein the locking latch is adjustable into an open position and into at least one closed position, in particular into a main closed position and optionally into a preclosed position located between the open position and main closed position”. The phrase "optionally" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 2-20 are rejected for their dependence on claim 1.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cetnar (US-12540494-B2).
With regards to claim 1, Cetnar discloses a motor vehicle lock (18 Figure 1) with a locking latch (36 Figure 3) which is pivotable about a geometric locking latch axis (central axis of 42, Figure 3) and with at least one locking pawl (38 Figure 3) which is pivotable about a geometric locking pawl axis (central axis of 62, Figure 3),
wherein the locking latch is adjustable into an open position (Figure 4B) and into at least one closed position, in particular into a main closed position (Figure 4D) and optionally into a preclosed position (Figure 4C) located between the open position and main closed position,
wherein the locking pawl is adjustable into a lowered position in which the locking pawl holds the locking latch in the at least one closed position (as shown Figures 4C, 4D), and into a raised position in which the locking pawl releases the locking latch (as shown Figure 4B),
wherein the motor vehicle lock has an operating lever (182 Figure 8), which is pivotable about a geometric operating lever axis (between positions shown Figure 8), wherein a coupling arrangement (160 Figure 8) is arranged between the operating lever and the locking pawl, said coupling arrangement being switchable between an engaged state and a disengaged state (both shown Figure 8), wherein in the disengaged state the operating stroke of the operating lever is an idling stroke relative to the raising of the locking pawl, wherein in the engaged state the locking pawl can be transferred via the operating stroke of the operating lever into the released state (Col. 12 Line 54 – Col. 13 Line 3),
wherein the motor vehicle lock has an opening device (102 Figure 3) with a motorized opening drive (122 Figure 3) with at least one drive direction which in an opening movement adjusts an actuating arrangement (33 Figure 3) of the opening device, starting from an initial position of the actuating arrangement, such that the actuating arrangement operates an opening lever (150 Figure 3) of the opening device which is pivotable about an opening lever axis (central axis of 159, Figure 3), such that the locking pawl can be transferred by an operating stroke of the opening lever from the lowered position into the raised position (Col. 10 Lines 34-44),
wherein the coupling arrangement is arranged between the opening lever and the locking pawl such that for transferring the locking pawl into the raised position thereof, the opening device is coupled or can be coupled thereto via the coupling arrangement and that the opening device can be uncoupled from the locking pawl via the coupling arrangement (Col. 12 Line 54 – Col. 13 Line 3).
With regards to claim 2, Cetnar discloses the motor vehicle lock as claimed in claim 1, wherein in the disengaged state of the coupling arrangement (160 Figure 8) the operating stroke of the opening lever (150 Figure 3) brings about the transfer of the locking pawl (38 Figure 3) into the released state thereof (Col. 14 Lines 16-44), and in the engaged state of the coupling arrangement the operating stroke of the opening lever is an idling stroke relative to the raising of the locking pawl (Col. 10 Line 45 – Col. 11 Line 12).
With regards to claim 3, Cetnar discloses the motor vehicle lock as claimed in claim 1, wherein in the engaged state and in the disengaged state of the coupling arrangement (160 Figure 8) the operating stroke of the opening lever (150 Figure 3) in each case brings about the transfer of the locking pawl into the released state thereof (Col. 14 Lines 16-44).
With regards to claim 4, Cetnar discloses the motor vehicle lock as claimed in claim 1, wherein the coupling arrangement (160 Figure 8) is switchable into an uncoupled state in which the operating stroke of the opening lever (150 Figure 3) is an idling stroke (Col. 10 Line 45 – Col. 11 Line 12).
With regards to claim 5, Cetnar discloses the motor vehicle lock as claimed in claim 1, wherein the coupling arrangement (160 Figure 8) has a coupling lever (162 Figure 8) which is pivotable about a geometric coupling lever axis (central axis of 62, Figure 3), the coupling lever in the disengaged state of the coupling arrangement is in a disengaged position in which the coupling lever, with an operating stroke of the operating lever (182 Figure 8), is out of coupled engagement with the operating lever, and the coupling lever in the engaged state of the coupling arrangement is in an engaged position in which the coupling lever, with an operating stroke of the operating lever, is in coupled engagement with the operating lever or comes into coupled engagement with the operating lever, and the coupling lever in the engaged position and the disengaged position, with an operating stroke of the opening lever, is in coupled engagement with the opening lever or comes into coupled engagement with the opening lever (Col. 13 Lines 13-25, Col. 14 Lines 16-44).
With regards to claim 6, Cetnar discloses the motor vehicle lock as claimed in claim 1, wherein in the uncoupled state of the coupling arrangement (160 Figure 8) the coupling lever (162 Figure 8) is in an uncoupled position in which the coupling lever, with an operating stroke of the operating lever (182 Figure 8), is out of coupled engagement with the operating lever and in which the coupling lever, with an operating stroke of the opening lever (150 Figure 3), is out of coupled engagement with the opening lever (Col. 13 Lines 13-52).
With regards to claim 7, Cetnar discloses the motor vehicle lock as claimed in claim 1, wherein the locking pawl (38 Figure 3) is coupled or can be coupled to a release lever (180 Figure 9) which is pivotable about a release lever axis (as shown Figures 9-10), an operation of the release lever brings about the transfer of the locking pawl into the released state thereof (Col. 13 Lines 42-52), and the coupling lever (162 Figure 8) is arranged on the release lever so as to be pivotable about a coupling lever axis (central axis of 62, Figure 3).
With regards to claim 8, Cetnar discloses the motor vehicle lock as claimed in claim 1, wherein the motor vehicle lock has a locking arrangement (25 Figure 1) which can be brought into a locked state and an unlocked state (Col. 8 Lines 4-39), an adjustment of the locking arrangement from the locked state thereof into the unlocked state thereof brings about an adjustment of the coupling arrangement (160 Figure 8) from the disengaged state thereof into the engaged state thereof, and an adjustment of the locking arrangement from the unlocked state thereof into the locked state thereof brings about an adjustment of the coupling arrangement from the engaged state thereof into the disengaged state thereof (Col. 12 Line 54 – Col. 13 Line 3).
With regards to claim 9, Cetnar discloses the motor vehicle lock as claimed in claim 1, wherein the locking arrangement (25 Figure 1) has an actuating lever (170 Figure 9) which is pivotable about a geometric actuating lever axis and a switching lever (166 Figure 9) which is pivotable about a geometric switching lever axis, the pivotable actuating lever can be brought from a first actuating position into a second actuating position, the pivotable switching lever can be brought from a first switching position in which the switching lever holds the coupling lever (162 Figure 8) in the disengaged position thereof, into a second switching position in which the switching lever holds the coupling lever in the engaged position thereof or the coupling lever is in the engaged position thereof, the actuating lever and the switching lever are coupled together such that an adjustment of the actuating lever from the second actuating position into the first actuating position brings about a transfer of the switching lever from the second switching position into the first switching position thereof, and an adjustment of the actuating lever from the first actuating position into the second actuating position brings about a transfer of the switching lever from the first actuating position into the second switching position thereof (Col. 15 Line 14 – Col. 16 Line 20).
With regards to claim 10, Cetnar discloses the motor vehicle lock as claimed in claim 1, wherein the actuating lever (170 Figure 9) is held by a latching arrangement (172 Figure 9) in the first actuating position thereof and in the second actuating position thereof and the latching arrangement has a latching point which can be latched and which has to be overcome when transferred from the one actuating position to the other actuating position (Col. 13 Line 53 – Col. 14 Line 15).
With regards to claim 11, Cetnar discloses the motor vehicle lock as claimed in claim 1, wherein the switching lever (166 Figure 9) is pivotable relative to the actuating lever (170 Figure 9) such that, starting from the first switching position, the switching lever can be brought into a third switching position in which the switching lever holds the coupling lever in the uncoupled position thereof without changing the position of the actuating lever (Col. 13 Line 53 – Col. 14 Line 15).
With regards to claim 12, Cetnar discloses the motor vehicle lock as claimed in claim 1, wherein the motor vehicle lock has an emergency locking device for transferring the coupling arrangement (160 Figure 8) into the uncoupled state thereof (Col. 15 Line 14 – Col. 16 Line 20).
With regards to claim 13, Cetnar discloses the motor vehicle lock as claimed in claim 1, wherein the opening device (102 Figure 3) is coupled to the locking arrangement (25 Figure 1) such that a raising of the locking pawl (38 Figure 3) in the course of an opening process brings about a transfer of the locking arrangement into the locked state thereof (Col. 13 Lines 26-52).
With regards to claim 14, Cetnar discloses the motor vehicle lock as claimed in claim 1, wherein the opening drive (122 Figure 3) adjusts the actuating arrangement (33 Figure 3), starting from the initial position, in an unlocking movement which runs in the drive direction opposing the opening movement, such that the coupling arrangement (160 Figure 8) is transferred via the actuating arrangement from the disengaged state into the engaged state (Col. 15 Line 14 – Col. 16 Line 20).
With regards to claim 15, Cetnar discloses the motor vehicle lock as claimed in claim 4, wherein the operating stroke of the operating lever (182 Figure 8) is an idling stroke in the uncoupled state of the coupling arrangement (160 Figure 8) (Col. 12 Line 54 – Col. 13 Line 3).
With regards to claim 16, Cetnar discloses the motor vehicle lock as claimed in claim 7, wherein the coupling lever (162 Figure 8) is pretensioned into the uncoupled position thereof (Col. 15 Lines 1-13).
With regards to claim 17, Cetnar discloses the motor vehicle lock as claimed in claim 8, the locking arrangement (25 Figure 1) can be brought into an uncoupled state, whereby the coupling arrangement (160 Figure 8) is switched into the uncoupled state thereof (Col. 14 Lines 16-44).
With regards to claim 18, Cetnar discloses the motor vehicle lock as claimed in claim 12, wherein the switching lever (166 Figure 9) is coupled or can be coupled to an emergency locking lever (126 Figure 8) which is pivotable about an emergency locking lever axis (as shown Figure 8).
With regards to claim 19, Cetnar discloses the motor vehicle lock as claimed in claim 18, wherein a manual operation of the emergency locking lever (126 Figure 8) brings about a transfer of the switching lever (166 Figure 9) into the third switching position thereof (Col. 15 Line 14 – Col. 16 Line 20).
With regards to claim 20, Cetnar discloses the motor vehicle lock as claimed in claim 14, wherein in the event of a crash the opening device (102 Figure 3) switches the coupling arrangement (160 Figure 8) into the engaged state by means of the actuating arrangement (33 Figure 3)(Col. 15 Line 14 – Col. 16 Line 20).
Additional Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-11280120-B2: A related motor vehicle lock arrangement.
US-11859418-B2: A related motor vehicle lock arrangement.
US-11072950-B2: A related motor vehicle lock arrangement.
US-12188268-B2: A related motor vehicle lock arrangement.
US-10844639-B2: A related motor vehicle lock arrangement.
US-12110717-B2: A related motor vehicle lock arrangement.
US-11280121-B2: A related motor vehicle lock arrangement.
US-9551172-B2: A related motor vehicle lock arrangement.
US-20200340277-A1: A related motor vehicle lock arrangement.
US-20220259900-A1: A related motor vehicle lock arrangement.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Noah Horowitz, whose telephone number is (571)272-5532. The examiner can normally be reached Monday - Friday, 11:00AM - 7:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton, can be reached at (571) 272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOAH HOROWITZ/Examiner, Art Unit 3675
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