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 filed 13 Feb. 2026 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Objections
Claims 1, 4, and 9 are objected to because of the following informalities:
In line 7 of claim 1, “inertial” should be --inertia--
In line 11 of claim 1, “inertial” should be --inertia--
In line 17 of claim 4, “inertial” should be --inertia--
In line 22 of claim 4, “inertial” should be --inertia--
In lines 2-3 of claim 9, “is an elongated opening” should likely be --has an elongated shape-- to clarify the first portion is not a separate operating
In line 3 of claim 9, “slid” should be --slide--
In line 3 of claim 9, “as the outside release lever from” should be --as the outside release lever moves from--
The examiner suggests the following rephrasing and reformatting to improve clarity in claims 1 and 4:
In claim 1, amending “the inertia lever when in the first position prevents the clutch lever from moving to its second position and the clutch lever prevents the inertia lever from moving from its second position to its first position when the clutch lever is in its second position and movement of the inertial lever from its first position to its second position allows the clutch lever to move from its first position to its second position” to be:
--the inertia lever, in its first position, prevents the clutch lever from moving to its second position,
the clutch lever, in its second position, prevents the inertia lever from moving from its second position to its first position, and
movement of the inertial lever from its first position to its second position allows the clutch lever to move from its first position to its second position.--
In claim 4, amending “the inertia lever when in the first position prevents the clutch lever from moving to its second position from its first position and the clutch lever prevents the inertia lever from moving from its second position to its first position when the clutch lever is in its second position and movement of the inertial lever from its first position to its second position allows the clutch lever to move from its first position to its second position” to be:
--the inertia lever, in its first position, prevents the clutch lever from moving to its second position from its first position,
the clutch lever, in its second position, prevents the inertia lever from moving from its second position to its first position,
and movement of the inertial lever from its first position to its second position allows the clutch lever to move from its first position to its second position.--
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 14, 16, and 18 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.
Claim 14 depends from claim 4 and includes every limitation of claim 4. Claim 4 requires a spring and claim 14 also recites a spring in line 2. It is unclear if the spring recited in claim 14 is intended to refer to the spring of claim 4 or intends to require a second, additional spring.
Claim 16 depends from claim 4 and includes every limitation of claim 4. Claim 4 requires a spring and claim 16 also recites a spring in line 2. It is unclear if the spring recited in claim 16 is intended to refer to the spring of claim 4 or intends to require a second, additional spring.
Claim 18 depends from claim 4 and includes every limitation of claim 4. Claim 4 requires a spring and claim 18 also recites a spring in line 2. It is unclear if the spring recited in claim 18 is intended to refer to the spring of claim 4 or intends to require a second, additional spring.
ALLOWABLE SUBJECT MATTER
Claims 1-13, 15, and 17 allowed.
Claims 14, 16, and 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Although the references of record show some features similar to those of Applicant’s device, the prior art fails to teach or make obvious the invention of claims 1-18.
Regarding claims 1 and 4, Cumbo (US 2015/0240537 A1) discloses an inertia device for a vehicle latch, comprising an inertia lever (50) movably mounted to the vehicle latch for movement between a first position and a second position (¶ 0053); a clutch lever (80) movably mounted to the vehicle latch for movement between a first position and a second position (¶ 0056); and a spring (90) operably coupled to the inertia lever and the clutch lever (¶¶ 0059, 0064), the spring biasing the inertial lever into its first position (¶ 0059) and biasing the clutch lever into its second position (¶ 0059 (“release position” correlates to the second position)); wherein the inertia lever, when in the first position, prevents the clutch lever form moving to its second position (¶ ).
However, Cumbo discloses the clutch lever prevents the inertia lever from moving from its second position to its first position when the clutch lever is in its first position (¶ 0056 (“stable blocking position” is different from the “release position” and correlates to a first position)), and wherein movement of the inertia lever from its first position to its second position allows the clutch lever to move from its second position to its first position (¶ 0057 (clutch lever rotates from “release position” to “stable blocking position” when the inertia lever rotates to second position)). Cumbo is silent to the clutch lever being configured to prevent the inertial lever from moving from its second position when the clutch lever is in its second position and is silent to the inertia lever being configured such that movement from its first position to its second position allows the clutch lever to move from its first position to its second position. The examiner can find no motivation to configure the device disclosed by Cumbo such that the clutch lever, in the second position, prevents the inertia lever from moving from its second position to its first position and movement of the inertia lever from its first position to its second position allows the clutch lever to move from its first position to its second position without use of impermissible hindsight and/or destroying the intended structure of the device.
Shinohara (US 2023/0407687 A1) discloses an outside release lever (30) and an inertia device comprising an inertia lever (22) movably mounted to the vehicle latch for movement between a first position and a second position (¶ 0041); a clutch lever (21) movably mounted to the vehicle latch for movement between a first position and a second position (Figs. 4-5); and a spring (23) operably coupled to the inertia lever and the clutch lever (¶ 0043), the spring biasing the inertial lever into its first position (¶ 0045: inertial lever 22 biased toward operating position) and the clutch lever into its second position (¶ 0043: clutch lever 21 biased so protrusion 21c abuts portion 22c); and the clutch lever prevents the inertia lever from moving from its second position to its first position (¶ 0052: inertia lever prevented from returning to operating position).
However, Shinohara teaches the clutch lever is structured to abut a portion of the inertia lever to prevent the inertia lever from moving to a second position and movement of the inertia lever against the spring allows the inertia lever to move relative to the clutch lever (¶¶ 0044-45) but does not explicitly teach the inertia lever is configured to prevent the clutch lever from moving.
Shinohara is silent to the inertia lever in the first position being configured to prevent the clutch lever from moving to its second position, the clutch lever being configured to prevent the inertia lever from moving from its second position when the clutch lever is in its second position, and movement of the inertia lever from its first position to its second position allows the clutch lever to move from its first position to its second position. The examiner can find no motivation to modify the assembly disclosed by Shinohara to have the above-mentioned features without use of impermissible hindsight and/or destroying the intended structure of the device.
Wittlesbuerger et al. (US 2014/0284945 A1) discloses an inertia lever (9) movable between two positions (Figs. 2-3); a clutch lever (7, 5) movable between two positions (Figs. 2-3); a spring (10) operably coupled to the inertia lever and the clutch lever (¶¶ 0050, 0076), the spring biasing the inertial lever into its first position (¶ 0067 (biased to open position)) and the clutch lever into its second position (¶ 0069 (biased to non-actuated state)).
Wittlesbeurger et al. teaches the inertia lever in the first position prevents the clutch lever from actuating a latch in its second position but does not prevent the clutch lever from moving to its second position (Fig. 4) and movement of the inertia lever from its first position to its second position allows the clutch lever to actuate the latch (Fig. 3). Wittlesbeurger et al. also teaches the clutch lever in its second position prevents the inertia lever from moving from its first position to its second position when the clutch lever is in its second position (¶¶ 0052, 0078). The examiner can find no motivation to modify the device disclosed by Wittlesbeurger et al. such that the inertia lever prevents the clutch lever from moving to its second position and movement of the inertial lever form its first position to its second position allows the clutch lever to move from its first position to its second position without use of impermissible hindsight and/or destroying the intended structure and operation of the device.
In regards to claims 2-3, the prior art fails to disclose each and every limitation of claim 1 from which the claims depend.
In regards to claims 5-18, the prior art fails to disclose each and every limitation of claim 4 from which the claims depend.
ELECTION/RESTRICTION
Claim 19 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 15 June 2026.
Claims 1-13, 15, and 17 are allowable. The restriction requirement between Species I and Species II, as set forth in the Office action mailed on 16 April 2026, has been reconsidered in view of the allowability of claims to the elected invention pursuant to MPEP § 821.04(a). The restriction requirement is maintained because the nonelected claims do not require all the limitations of an allowable claim.
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hunt (US 2014/0291997 A1) is related to an inertia device comprising an inertia lever, a clutch lever, and a spring biasing the inertia lever into a first position with respect to a release lever, the clutch lever having a second position that prevents the inertia lever from moving to its first position from its second position but is not biased by the same spring to a second position.
Takenaka (US 2023/0313576 A1) is related to an inertia device comprising an inertia lever, a clutch lever, and a spring operably coupled to the inertia and clutch levers and biasing the inertia lever to a first position, but the clutch lever is not biased by the same spring to its second position.
Perkins (US 2013/0015670 A1) is related to an inertia device comprising an inertia lever, a clutch lever, a spring, and movement of the inertia lever from its first position to its second position allows the clutch lever to move from its first position to its second position.
Brickner (US 2020/0291691 A1) is related to an inertia device comprising an inertia lever, and a spring operably coupled to the inertia and clutch levers and biasing the inertia lever to its first position and biasing the clutch lever to its second position, but the clutch lever is not configured to prevent the inertia lever from moving to its second position.
Basavarajappa (US 2019/0271178 A1) is related to an inertia device comprising a spring operably coupled to an inertia lever and a clutch lever and biasing the inertia lever to a first position.
Uehara et al. (US 2013/0328325 A1) is related to an outside release lever and an inertia device comprising an inertia lever biased by a spring to a first position and a clutch lever, wherein the inertia lever in its second position prevents the clutch lever from moving from its original position.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Emily Gail Brown whose telephone number is (571)272-5463. The examiner can normally be reached Monday-Friday, 9am-6pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/EGB/Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
Prosecution Insights