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.
Drawings
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 housing of the cycloidal reducer, as recited in claim 2, must be shown or the feature(s) canceled from the claim(s). Specifically, the indicator lines for the housing reference character 324 in both Figures 1 and 2 are pointing to the second cycloidal disk, not any additional housing structure, therefore, it is unclear what structure in the figures applicant considers as the housing of the cycloidal reducer. 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.
The drawings are objected to because the indicator line for reference character “42” in Figure 1 is not pointing to the correct structure. Specifically, the correct surface is that of the opening 41, not a side surface of the slider as indicated in Figure 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. 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: Page 5, line 20, the phrase “engine 2” should be changed to “electric motor 2.”
Appropriate correction is required.
Claim Objections
Claims 1-15 are objected to because of the following informalities:
In regards to claim 1, line 1, the phrase “Actuator device” should be changed to “An actuator device,” in line 3, the phrase “the actuator device” should be inserted before the word “comprising,” in line 6, the comma after the phrase “an activator member” should be removed, in line 7, the commas before and after the phrase “movable from a rest position to an actuation position (A)” should be removed, in line 12, the word “comprising” should be removed, and in lines 14 and 15, the phrase “said shaft” should be changed to “said output shaft.”
In regards to claim 2, line 1, the phrase “Actuator device” should be changed to “The actuator device” and the phrase “wherein it presents” should be changed to “further comprising,” in line 6, the comma after the phrase “a first cycloidal disk” should be removed, and in line 8, the commas before and after the phrase “arranged in said housing” should be removed.
In regards to claim 3, the claim should read as follows: “The actuator device according to claim 2, wherein said activator member has a smooth cylindrical external surface, such that the smooth cylindrical external surface faces a smooth cylindrical portion of said first cycloidal seat.”
In regards to claim 4, line 1, the phrase “Actuator device” should be changed to “The actuator device.”
In regards to claim 5, line 1, the phrase “Actuator device” should be changed to “The actuator device,” in lines 1 and 2, the phrase “said opening of said slider has” should be changed to “said internal lateral surface of said opening of said slider includes,” in line 2, the phrase “said actuation position” should be changed to “said actuation position of said slider,” and in line 3, the phrase “said rest position” should be changed to “said rest position of said slider.”
In regards to claim 6, line 1, the phrase “Actuator device” should be changed to “The actuator device” and the phrase “wherein it comprises” should be changed to “further comprising.”
In regards to claim 7, line 1, the phrase “Actuator device” should be changed to “The actuator device” and the phrase “wherein it comprises” should be changed to “wherein the containment casing further comprises,” in line 4, the comma after the phrase “a first flat half-shell” should be removed, and in line 5, the comma after the phrase “a second portion” should be removed.
In regards to claim 8, line 1, the phrase “Actuator device” should be changed to “The actuator device.”
In regards to claim 9, line 1, the phrase “Actuator device” should be changed to “The actuator device,” in line 2, the phrase “said actuation position” should be changed to “said actuation position of said slider,” and in line 3, the phrase “said rest position” should be changed to “said rest position of said slider.”
In regards to claim 10, line 1, the phrase “Actuator device” should be changed to “The actuator device,” in line 2, the phrase “said actuation position” should be changed to “said actuation position of said slider,” and in line 3, the phrase “said rest position” should be changed to “said rest position of said slider.”
In regards to claim 11, line 1, the phrase “Actuator device” should be changed to “The actuator device,” in line 2, the phrase “said actuation position” should be changed to “said actuation position of said slider,” and in line 3, the phrase “said rest position” should be changed to “said rest position of said slider.”
In regards to claim 12, line 1, the phrase “Actuator device” should be changed to “The actuator device” and the phrase “wherein it comprises” should be changed to “further comprising.”
In regards to claim 13, line 1, the phrase “Actuator device” should be changed to “The actuator device” and the phrase “wherein it comprises” should be changed to “further comprising.”
In regards to claim 14, line 1, the phrase “Actuator device” should be changed to “The actuator device” and the phrase “wherein it comprises” should be changed to “further comprising.”
In regards to claim 15, line 1, the phrase “Actuator device” should be changed to “The actuator device” and the phrase “wherein it comprises” should be changed to “further comprising.”
Appropriate correction is required.
Claim Interpretation
In regards to claim 1, the preamble recites an actuator device for operating a door-lock device of a door of a household appliance, such as a washing machine, a dishwasher, and the like with the door-lock device of a door of a household appliance recited merely as an intended use, however, the body of the claim contains positive recitations of the door-lock device of a door of a household appliance. Consequently, it cannot be determined whether applicant intends to claim the subcombination of the actuator device or the actuator device in combination with the door-lock device of a door of a household appliance. In formulating an evaluation on the merits, the examiner is considering that the claims are drawn to the subcombination and the claims will be rejected accordingly. If applicant indicates by amendment that the combination claim is the intention, the language of the preamble should be made consistent with the language of the body of the claims. If the intent is to claim the subcombination, then the body of the claim must be amended to remove positive recitations of the combination. Applicant’s intention in regards to the scope of the claim must be clearly established by the claim language.
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 1-15 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 claim 1, line 2, the phrase "and the like" renders the claim(s) indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "and the like"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
In regards to claim 1, line 13, it is unclear to what structure applicant intends to refer in the phrase “so as to activate it.” For examination purposes, the claim will be given a broad interpretation.
In regards to claim 1, the phrase “comprises a cycloidal reducer…to operate said shaft of said electric motor” suggests that the cycloidal reducer causes rotation of the output shaft of the electric motor, which is not supported by the specification. It is understood from the specification and drawings that the cycloidal reducer is located between and/or provides a gear reducing coupling between the output shaft of the electric motor and the activator member, thereby transferring rotation of the output shaft of the electric motor to the activator member, not that the cycloidal reducer cases the output shaft to rotate. For examination purposes, the claim will be examined as best understood in light of the specification.
Claim 4 recites the limitation "said smooth cylindrical portion" in line 2 and the limitation “said cylindrical housing” in line 2. There is insufficient antecedent basis for these limitations in the claim.
In regards to claim 4, where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “obtained” in the claim is used by the claim to mean “located,” while the accepted meaning is “to gain or attain usually by planned action or effect.” The term is indefinite because the specification does not clearly redefine the term. The term “obtained” suggests some method of manufacture, to which the apparatus claim is not drawn. For examination purposes, the word “obtained” will be examined as “located.”
In regards to claim 5, the relationship between the “internal lateral surface” of claim 1 and the flat and curved portions of the opening of claim 5 is unclear from the claim language. It is understood from the specification that the internal lateral surface recited in claim 1 includes the flat and curved portions recited in claim 5, and will be examined as such. See claim objections above.
In regards to claim 6, it is unclear what applicant intends to claim with the phrase “wherein it comprises.” For examination purposes, the claim will be examined with the language set forth in the claim objections above.
In regards to claim 7, it is unclear what applicant intends to claim with the phrase “wherein it comprises.” It is understood from the specification and the language of claim 6 that the word “it” must refer to the containment casing, and will be examined as such. See claim objections above.
In regards to claim 7, where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “obtained” in the claim is used by the claim to mean “located,” while the accepted meaning is “to gain or attain usually by planned action or effect.” The term is indefinite because the specification does not clearly redefine the term. The term “obtained” suggests some method of manufacture, to which the apparatus claim is not drawn. For examination purposes, the word “obtained” will be examined as “located.”
In regards to claim 8, where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “obtained” in the claim is used by the claim to mean “located,” while the accepted meaning is “to gain or attain usually by planned action or effect.” The term is indefinite because the specification does not clearly redefine the term. The term “obtained” suggests some method of manufacture, to which the apparatus claim is not drawn. For examination purposes, the word “obtained” will be examined as “located.”
In regards to claims 12-15, it is unclear what applicant intends to claim with the phrase “wherein it comprises” in line 1 of each claim. For examination purposes, the claims will be examined with the language set forth in the claim objections above.
In regards to claims 2, 3, and 9-11, these claims are rejected under 35 U.S.C. 112(b) because they depend from claim 1.
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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yao et al. (CN 108590357 A) in view of Dong (CN 2401730 Y).
In regards to claim 1, Yao et al. discloses an actuator device comprising: an electric motor 1 having an output shaft (inherent output shaft connected to the gear reducer, see Figure 1 below); an activation assembly comprising: an activator member 2 having a moving pin (see Figure 1 below); a slider 602 movable from a rest position (Figure 4) to an actuation position (Figure 2),having an eccentric shaped opening (see Figure 1 below), presenting an internal lateral surface (internal surface portions shown in Figures 2-4), wherein said moving pin is intended to engage with said internal lateral surface (Figures 2-4), and comprising an operating pin (see Figure 1 below) intended to engage with a component (component to be locked, Paragraph 2 of the Computer Generated Translation), so as to activate or lock the component when said slider is in said actuation position; wherein activation assembly comprises a gear reducer (see Figure 1 below) coupled to said shaft of said electric motor and said activating member. The examiner would like to note that the recitation in the preamble of the actuator device “for operating a door-lock device (BP) of a door of a household appliance, such as a washing machine, a dishwasher, and the like” is considered as intended use, and has been examined as such. See claim interpretation discussion in Paragraph 7 of the current Office Action.
Yao et al. fails to disclose that the gear reducer is a cycloidal reducer. Dong teaches a cycloidal reducer (Figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to utilize a cycloidal reducer to provide the gear reduction/deceleration, with reasonable expectation of success, since the cycloidal reducer would yield the predictable result of providing a gearing reduction between the motor and the activator member and since the gear reducer system of Yao et al. and the cycloidal reducer are equivalent for their use in the gear reduction art and the selection of any of these known equivalents to provide gearing reduction would be within the level of ordinary skill in the art.
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In regards to claim 2, Dong teaches a first cycloidal seat (opening in component 5 for receiving disk 2, Figure 2), an activator member 15 having a second cycloidal seat (opening for disk 7 formed by members 6 and 15, Figure 2), said cycloidal reducer has a housing 5, said cycloidal reducer comprises: a first cycloidal disk 2 configured to fit into said first cycloidal seat (Figure 2), a second cycloidal disk 7 configured to fit into said second cycloidal seat (Figure 2), and a bushing 1 arranged in said housing and having an eccentric rotation (Figure 3), wherein said bushing is coupled to said shaft of said electric motor (Figure 1 of Yao et al. and Paragraph 15 of the Computer Generated Translation of Dong).
In regards to claim 3, Dong teaches that said activator member has a smooth cylindrical external surface (Figure 2), such that the smooth cylindrical external surface faces a smooth cylindrical portion of said first cycloidal seat (see Figure 2 below).
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In regards to claims 4 and 8, Yao et al. in view of Dong teaches that said first cycloidal seat and a smooth cylindrical portion (outer surface of component 6, Figure 2 of Dong) are located at a base of a cylindrical housing (see Figure 1 on Page 13 of the current Office Action).
In regards to claims 5 and 9-11, Yao et al. discloses that said internal later surface of said opening of said slider includes a flat portion (see Figures 2-4 below), with which said moving pin is in contact in said actuation position of said slider (Figure 2), and a curved portion (see Figures 2-4 below), with which said moving pin is in contact in said rest position of said slider (contacts at least a portion of the curved portion in Figure 4, with the curved portion considered to be “curved,” since the portion includes at least a section that is curved).
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In regards to claims 6 and 12-15, Yao et al. discloses a containment casing 3, 7 having a slot (see Figure 1 on Page 13 of the current Office Action), wherein said operating pin protrudes from said slot (Figures 2-4).
In regards to claim 7, Yao et al. discloses that the containment casing comprises a first portion 3 having a cylindrical housing (see Figure 1 on Page 13 of the current Office Action) for said electric motor (for at least a portion of the electric motor), and a first flat half-shell (portion having the portion of the slot located in the housing portion 3, Figure 1 on Page 13 of the current Office Action) coupled to said housing, and a second portion 7 having a second flat half-shell (Figure 1) intended to couple with said first half-shell, wherein said slider is arranged between said first flat half-shell and said second flat half-shell (Figure 1), and wherein said slot is located on said second flat half-shell (at least a portion of the slot is located on said second flat half-shell (Figure 1).
Conclusion
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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 February 19, 2026