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 .
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
Claim 1 “a closing device including a closing pawl”
must be shown or the feature(s) canceled from the claim(s). 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Barth et al., US Pub. App. 2011-0127780) in view of D2 (Ostrowski et al., US 6,053,542) and D3 (Bartel et al., US 6,109,674).
For claim 1, D1 discloses, in Figures 1-8, a lock for a motor vehicle, comprising:
a closing device including a closing pawl,
a locking mechanism (includes 2, 3, 4, 5, 6) including: a rotary latch (2) including a metallic main body having an angled region that forms a pre-latching element, and a pre- latching pawl (5) and a main latching pawl (6) (The body of the rotary latch 2 defines the main body. The angled region in the vicinity of 4 is the pre-latching element.),
wherein the rotary latch (2) is latched in a pre-latching position (Figure 3) and a main latching position (Figure 4),
wherein the pre-latching element of the locking mechanism is formed by the angled region of the metallic main body of the rotary latch (Since the angled region in the vicinity of 4 defines the pre-latching element, the pre-latching element of the locking mechanism is formed by the angled region of the main body of the rotary latch 2), and
wherein the angled region is placed in engagement with the closing pawl of the closing device.
D2 teaches a vehicle door with closing mechanism 80 ensuring the engagement of detent 32 and forkbolt 30 when the forkbolt 30 moved to latch position. The closing pawl 86 drives the forkbolt 30, via other mechanisms, to latch position (Col.5, L 49-55; Col.6, L 1-5). D2 teaches a closing mechanism for securely and safely closing the latch. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a closing device including a closing pawl, and the angled region is placed in engagement with the closing pawl of the closing device, as taught by D2 with a reasonable expectation of success of having a safe and secured closing latch.
D3 teaches a vehicle door latch with latching element 3 made of metallic fork 22 and pawl 23 (Col.3, L 42-45) providing strong and reliable latching components. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 to have a metallic rotary latch, as taught by D3 with a reasonable expectation of success of providing strong and reliable latching components.
D1 modified with features of D2 and D3 teaches the claimed limitations.
For claim 2, D1 discloses the lock for a motor vehicle according to claim 1, further comprising a first switch device and a second switch the device, wherein each of the pre-latching pawl and the main latching pawl is operably connected respectively to the first switch device and the second switch device (Pre-latching pawl 5 and the main latching pawl 6 is operably connected respectively to the first switch device 8 and the second switch device8. Figures 2-3.)
For claim 3, D1 discloses the lock for a motor vehicle according to claim 1, wherein the pre-latching pawl is configured to move independently of the main latching pawl (Para. [0016].)
For claim 4, D1 discloses the lock for a motor vehicle according to claim 1, wherein the main latching pawl is configured to be actuated by a movement of the pre-latching pawl (Figures 2 and 4.)
For claim 5, D1 discloses the lock for a motor vehicle according to claim 1, wherein, upon a movement in the direction of locking of the locking mechanism, the pre- latching pawl is movable independently of the main latching pawl (Figures 1-7.)
For claim 6, D1 discloses the lock for a motor vehicle according to claim 2, wherein, when the locking mechanism is unlocked, the first and second switch devices are actuated (In open state, both switches are in direct contact with pawls. Para. [0037].)
For claim 7, D1 discloses the lock for a motor vehicle according to claim 2, wherein, in the pre-latching position of the locking mechanism, the first switch device assigned to the pre-latching pawl is unactuated (Figure 2.)
For claim 8, D1 discloses the lock for a motor vehicle according to claim 2, wherein, in the main latching position of the locking mechanism, the first and second switch devices are unactuated (Switch 7 in Figure 8.)
For claim 9, D1 discloses the lock for a motor vehicle according to claim 1, wherein the pre-latching pawl and the main latching pawl are mounted on a same axle (Para. [0016].)
For claim 10, D1 discloses the lock for a motor vehicle according to claim 2, wherein the first and second switch devices are arranged in different planes and are spaced from one another in the lock (Switches 8 and 7 are arranged in different planes and are spaced from one another in the lock. Figures 1-2.)
For claim 11, D1 discloses the lock for a motor vehicle according to claim 4, wherein the main latching pawl is configured to be actuated upon a movement in a direction of unlocking of the locking mechanism (Figure 4.)
For claim 12, D1 discloses the lock for a motor vehicle according to claim 3, wherein the main latching pawl is compelled against the rotary latch with spring-loading (Para. [0039].)
For claim 13, D1 discloses the lock for a motor vehicle according to claim 12, wherein the pre- latching pawl moves over the main latching pawl and falls into the pre-latching element (Figure 6.)
For claim 14, D1 discloses the lock for a motor vehicle according to claim 3, wherein the pre- latching pawl is spring-loaded and rest against the pre-latching element (Para. [0039].)
For claim 15, D1 discloses the lock for a motor vehicle according to claim 2, wherein the first and second switches are micro switches (Para. [0030].)
For claim 16, D1 discloses the lock for a motor vehicle according to claim 2, wherein, when the main latching pawl is spring loaded in the pre-latching position and the second switch device for the main latching pawl is actuated at the same time, a switch signal is created by the main latching pawl (Para. [0030].)
Conclusion
Prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provides examples of similar inventions. There are no suggestions in the prior art of record for combining any of the references to arrive at as claimed. A few of the prior art cited but not applied includes Scholz (US 8,757,682); Crotti (US 7,275,771); and Weller (US 6,969,023).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN CUMAR whose telephone number is (571)270-3112. The examiner can normally be reached Monday thru Friday, 8:00 am to 5:00 pm EST.
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/NATHAN CUMAR/Primary Examiner, Art Unit 3675