DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the replacement drawings filed 6/17/2026 are not proper black and white line drawings. Replacement Figures 7-11 appear to be greyscale CAD drawings, and details of the drawings are very difficult to interpret. For example, Replacement Figure 7 is more difficult to interpret the original Figure 7 filed 2/25/2026, which was previously objected to. The Figure is extremely blurry and of poor quality (i.e. several reference numbers are illegible, it is unclear what number 192 is pointing to, it appears that the bottom portion of element 148 is missing, etc.).
All drawings must be made by a process which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well-defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning.
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
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.
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.
Claims 1-7, and 9-16 are rejected under 35 U.S.C. 102a1 as being anticipated by Podkopayev (US 10,683,691).
Regarding claim 1, Podkopayev discloses a powered actuator for a closure panel of a vehicle, comprising: an electric motor (element 302) [configured to rotate a driven shaft]* (see at least column 15, lines 12-25, “Electric motor 302 includes a rotary output shaft driving an input gear component of geartrain unit 304”); a linear actuator (considered at least elements 330, 334, 310, 350) [configured to be coupled to one of a body or the closure panel for moving the closure panel between a fully closed position and a fully open position in response to actuation of the electric motor]*, the linear actuator having an extensible member (considered either element 350 alone or combination of elements 350, 334, and 330) and a nut (element 334), [wherein the extensible member is moveable by a user to a stop position]*(Examiner notes that element 305 is entirely capable of being manually moved by a user); a cover (element 326) enclosing at least a portion of the extensible member and the nut; a stop feature (element 362) fixed to at least one of the extensible member and the nut; and at least one friction feature (elements 502 and 504) fixed to the cover, [wherein the electric motor is configured to move the extensible member from the stop position, whereat the stop feature is not in contact with the at least one friction feature (Examiner notes that friction feature (elements 502 and 504) is not constantly in contact with the stop feature (element 362), and the powered actuator of Podkopayev is entirely capable of a “stop position” where elements 502/504 and 362 are not in contact (See Figure 14, element 362 is positioned to the right of position “B” and is not in contact with elements 504 and 506)), to a position whereat the stop feature contacts the at least one friction feature to releasably hold the closure panel between the fully closed position and the fully open position with the electric motor de-energized]* (Examiner notes that the powered actuator of Podkopayev is entirely capable of moving the extensible member to positions “B”, “C”, or “D”, as shown in Figure 14. In these positions, “the stop feature contacts the at least one friction feature to releasably hold the closure panel between the fully closed position and the fully open position with the electric motor de-energized” as claimed).
Examiner’s note: *The above/below statements in brackets are examples of an intended use statement that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to the structure of a powered actuator, the prior art must only be capable of meeting the structural recitation in order to be applicable, and in this case, the examiner maintains that the powered actuator disclosed by Podkopayev is entirely capable of the intended use statement. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham 2 USPQ2d 1647 (1987).
Regarding claim 2, Podkopayev discloses wherein the stop feature is moveable along a first axis of the extensible member (See at least Figures 12A-12D).
Regarding claim 3, Podkopayev discloses wherein the stop feature is fixed to the extensible member for conjoint movement with the extensible member along the first axis (See Figure 14, element 362 is fixed with element 350).
Regarding claim 4, Podkopayev discloses wherein the stop feature is fixed to an end of the extensible member (See at least Figures 13 and 14).
Regarding claim 5, Podkopayev discloses wherein the extensible member is a leadscrew (Examiner notes that the extensible member can be considered combination of elements 350, 334, and 330, whereas element 330 is an leadscrew).
Regarding claim 6, Podkopayev discloses wherein the at least one friction feature has a pocket (element 508) sized for receipt of the stop feature therein [to releasably hold the closure panel between the fully closed position and the fully open position]*.
Regarding claim 7, Podkopayev discloses wherein the pocket is annular (See Figure 14).
Regarding claim 9, Podkopayev discloses further including a gearbox (element 304) [configured apply a force to the linear actuator to move one of the extensible member or nut linearly from a first position, corresponding to the fully closed position, to a second position, corresponding to the fully open position, in response to rotation of the driven shaft]*.
Regarding claim 10, Podkopayev discloses wherein the stop feature is fixed to the nut for conjoint movement with the nut in response to rotation of a leadscrew of the linear actuator about the first axis (See Figures 12A-14).
Regarding claim 11, Podkopayev discloses wherein the stop feature is fixed to the extensible member for conjoint movement with the extensible member along a second axis (See Figures 12A-14, element 362 is fixed to element 350 for movement along an axis).
Regarding claim 12, Podkopayev discloses wherein the stop feature is formed at an end of a fastener coupling the extensible member to the nut (See Figure 13, element 340 is pivotably coupled to element 334, and element 362 is configured at the end of that pivoting connection. See at least column 15, liens 49-55, “A pair of pivot posts 360 (only one shown) extend outwardly from opposite surfaces of drive nut 334 and are each retained in one of a corresponding pair of apertured bosses 362 (only one shown) formed respectively in top plate 352 and bottom plate 354. As such, first link segment 340 of connector link 350 is pivotably coupled to drive nut 334”).
Regarding claim 13, Podkopayev discloses wherein the extensible member is coupled to the closure panel for moving the closure panel between the fully closed position and the fully open position in response to the nut translating along the leadscrew (See Figures 12A-14).
Regarding claim 14, Podkopayev discloses wherein the first axis of the leadscrew and the second axis of the extensible member are substantially parallel (See Figures 12A-14).
Regarding claim 15, Podkopayev discloses wherein the at least one friction feature has a pocket (Figure 14, area of element 508) sized for receipt of the stop feature therein to releasably hold the closure panel between the fully closed position and the fully open.
Regarding claim 16, Podkopayev discloses wherein the at least one friction feature includes a plurality of friction features (Figure 14, elements 510 and 508) spaced axially from one another relative to the second axis.
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Podkopayev (US 10,683,691) in view of Cumbo (US 2019/0112849).
Regarding claim 8, Podkopayev discloses wherein the at least one friction feature is a resilient material (Examiner notes that the material of elements 502 and 504 is necessarily “resilient”). Podkopayev does not explicitly disclose that that material is a resilient polymeric material. Cumbo, however, teaches that it is known in the art to configure an actuator for a closure panel of a vehicle, comprising: an extensible member (See at least Figure 6, element 124); a stop feature (considered surfaces 162 and 166 of element 124) fixed to the extensible member; and at least one friction feature (elements 160 and 164), wherein the stop feature contacts the at least one friction feature to releasably hold the closure panel between the fully closed position and the fully open position (See at least paragraph [0066]), and wherein the at least one friction feature is a resilient polymeric material (paragraph [0065], “First engagement member 160 and second engagement member 164 can be constructed of any desired polymeric or metal material, as desired”). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the at least one friction feature of Podkopayev such that constructed from a resilient polymeric material, since polymeric materials are well-known in the art for use in construction of vehicle door components, and since a polymeric material would function as intended for the purpose of Podkopayev, and would be desirable due to the desirable material characteristics of polymers, and since the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v.Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). Also see In reLeshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960)
Response to Arguments
Applicant's arguments filed 6/17/2026 have been fully considered but they are not persuasive.
Regarding the argument that Podkopayev does not disclose “a stop position, whereat a stop feature is not in contact with at least one friction feature, and a position whereat the stop feature contacts the at least one friction feature to releasably hold the closure panel between the fully closed position and the fully open position with the electric motor de-energized.”. Examiner disagrees. See Rejection for claim 1 above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN B REPHANN whose telephone number is (571)270-7318. The examiner can normally be reached Monday-Friday 8:00am-4:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN B REPHANN/Examiner, Art Unit 3634
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