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 .
Examiner’s Comments
Specification dated 02/13/2025 and 10/30/2025 has been entered by the Examiner.
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.
Claim(s) 1-5, 16 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DE 10 2021 006063 A1 (cited on IDS dated 02/13/2025).
Regarding claim 1, DE 10 2021 006063 A1 discloses a charging socket for an electric or hybrid vehicle (shown in Figures 4-6 part 100) arranged in a charging compartment of a motor vehicle body, the charging socket comprising: a first multipole socket (shown in Figure 6 part 20), a second two-pole socket (shown in Figure 6 part 24), wherein the first multipole socket (shown in Figure 6 part 20) and the second two-pole socket (shown in Figure 6 part 24) are arranged together in the charging compartment of the motor vehicle body (paragraph [0041]), and a movable charging compartment cover (shown in Figure 5 parts 202 and 240) configured to cover the charging compartment (shown in Figure 6 parts 202 and 240 and paragraphs [0053]-[0057]), wherein at least one of the first multipole socket (shown in Figure 6 part 20) and the second two-pole socket (shown in Figure 6 part 24) is configured to be separately closed from the other (shown in Figure 5 parts 22, 24, 202 and 240).
Regarding claim 2, DE 10 2021 006063 A1 discloses the charging socket (shown in Figures 4-6 part 100) according to claim 1, wherein the charging compartment cover (shown in Figures 1 and 5 parts 202 and 240) includes a cover flap (shown in Figures 1 and 5 parts 202 and 240 in paragraphs [0053]-[0057]) configured to close at least one of the first multipole socket (shown in Figure 6 part 20) and the second two-pole socket (shown in Figure 6 part 24).
Regarding claim 3, DE 10 2021 006063 A1 discloses the charging socket (shown in Figures 4-6 part 100) according to claim 2, wherein the cover flap (shown in Figure 5 parts 202 and 240 in paragraphs [0053]-[0057]) is made of a plastics material (paragraphs [0051] and [0059]).
Regarding claim 4, DE 10 2021 006063 A1 discloses the charging socket (shown in Figures 4-6 part 100) according to claim 1, wherein the charging socket (shown in Figure 6 parts 20 and 24) is configured to be closed by inserting a charging plug.
Regarding claim 5, DE 10 2021 006063 A1 discloses the charging socket (shown in Figures 4-6 part 100) according to claim 2, wherein the cover flap (shown in Figure 5 parts 202 and 240 in paragraphs [0053]-[0057]) is actuated in an electrically driven manner (paragraph [0026]).
Regarding claim 16, DE 10 2021 006063 A1 discloses the charging socket (shown in Figures 4-6 part 100) according to claim 2, wherein the cover flap (shown in Figure 5 parts 202 and 240 in paragraphs [0053]-[0057]) is designed as two-component part (shown in Figures 5 and 6).
Regarding claim 17, DE 10 2021 006063 A1 discloses the charging socket (shown in Figures 4-6 part 100) according to claim 2, wherein the cover flap (shown in Figure 5 parts 202 and 240 in paragraphs [0053]-[0057]) includes a seal (sealing element 222 in paragraph [0051]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6-10 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 10 2021 006063 A1 (cited on IDS dated 02/13/2025)
in view of DE 10 2017 008108 A1 (cited on IDS dated 02/13/2025).
Regarding claim 6, DE 10 2021 006063 A1 discloses the charging socket (shown in Figures 4-6 part 100) according to claim 2 but does not show wherein the cover flap is configured to be lifted off the charging socket by first lifting movement and is further configured to be moved out of an overlap region with the charging socket by a second pivoting movement.
DE 10 2017 008108 A1 teaches the cover flap (Figure 1 closure element 9 in paragraph [0050]) is configured to be lifted off the charging socket by first lifting movement and is further configured to be moved out of an overlap region with the charging socket by a second pivoting movement (in paragraph [0050]).
Regarding claim 6, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to the cover flap of DE 10 2021 006063 A1 configured to be lifted off the charging socket by first lifting movement and is further configured to be moved out of an overlap region with the charging socket by a second pivoting movement, as taught by
DE 10 2017 008108 A1, with a reasonable expectation of success in order to allow a lifting movement of the cover flap and pivoting of the cover flap out of the opening region of the sockets.
Regarding claim 7, DE 10 2021 006063 A1 discloses the charging socket (shown in Figures 4-6 part 100) according to claim 2 but does not show further comprising a drive shaft, a drive wheel, and a guide element wherein the cover flap is connected to the drive shaft, and wherein the drive shaft is actuated by the drive wheel.
DE 10 2017 008108 A1 teaches a drive shaft (Figure 3 tension element 29 in paragraphs [0052]-[0054]), a drive wheel (Figure 3 pinion 31 in paragraphs [0052]-[0054]), and a guide element (in paragraph [0050]) wherein the cover flap (Figure 3 closure element 9 in paragraphs [0052]-[0054]) is connected to the drive shaft (Figure 3 tension element 29 in paragraphs [0052]-[0054]), and wherein the drive shaft (Figure 3 tension element 29 in paragraphs [0052]-[0054]) is actuated by the drive wheel (Figure 3 pinion 31 in paragraphs [0052]-[0054]).
Regarding claim 7, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to the charging socket of DE 10 2021 006063 A1 with a drive shaft, a drive wheel, and a guide element wherein the cover flap is connected to the drive shaft, and wherein the drive shaft is actuated by the drive wheel, as taught by DE 10 2017 008108 A1, with a reasonable expectation of success in order to move the cover flap.
Regarding claim 8, DE 10 2021 006063 A1 discloses the charging socket (shown in Figures 4-6 part 100) according to claim 7 but does not show wherein the drive shaft has a control contour, and the cover flap is linearly movable of the control contour and the guide element.
DE 10 2017 008108 A1 teaches the drive shaft has a control contour, and the cover flap is linearly movable of the control contour and the guide element in paragraph [0050].
Regarding claim 8, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to the charging socket of DE 10 2021 006063 A1 with the drive shaft has a control contour, and the cover flap is linearly movable of the control contour and the guide element, as taught by DE 10 2017 008108 A1, with a reasonable expectation of success in order to linearly move the cover flap.
Regarding claim 9, DE 10 2021 006063 A1 discloses the charging socket (shown in Figures 4-6 part 100) according to claim 7 but does not show wherein the drive shaft has at least one stop and the guide element has a freewheel region, wherein a pivoting movement of the cover flap is limited and guided by the at least one stop and the freewheel region.
DE 10 2017 008108 A1 teaches the drive shaft (Figure 3 tension element 29 in paragraphs [0052]-[0054]) has at least one stop and the guide element (paragraph [0050]) has a freewheel region, wherein a pivoting movement of the cover flap (Figure 3 closure element 9 in paragraphs [0052]-[0054]) is limited and guided by the at least one stop and the freewheel region (Figures 2 and 3 guide recesses 27 in paragraph [0050] describes a guide cutout which limits the movement of the filler neck cover and allows it to be closed and in paragraph [0050] also describes a linear guide in this guide cutout which serves as a free movement region).
Regarding claim 9, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to the charging socket of DE 10 2021 006063 A1 with drive shaft has at least one stop and the guide element has a freewheel region, wherein a pivoting movement of the cover flap is limited and guided by the at least one stop and the freewheel region, as taught by DE 10 2017 008108 A1, with a reasonable expectation of success in order to limit the pivoting movement of the cover flap.
Regarding claim 10, DE 10 2021 006063 A1 discloses the charging socket (shown in Figures 4-6 part 100) according to claim 7 but does wherein the drive wheel has at least one further stop and/or at least one locking means, such that a closing movement of the cover flap is realized by the drive wheel.
DE 10 2017 008108 A1 teaches the drive wheel (Figure 3 pinion 31 in paragraphs [0052]-[0054]) has at least one further stop (Figures 2 and 3 guide recesses 27 in paragraph [0050] describes a guide cutout which limits the movement of the filler neck cover and allows it to be closed), such that a closing movement of the cover flap (Figure 3 closure element 9 in paragraphs
[0052]-[0054]) is realized by the drive wheel (Figure 3 pinion 31 in paragraphs [0052]-[0054]).
Regarding claim 10, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to the charging socket of DE 10 2021 006063 A1 with the drive wheel has at least one further stop, as taught by DE 10 2017 008108 A1, with a reasonable expectation of success in order to limit the pivoting movement of the cover flap.
Regarding claim 15, DE 10 2021 006063 A1 discloses the charging socket (shown in Figures 4-6 part 100) according to claim 7 but does not show further comprising a motor and a qear mechanism between the motor and the cover flap, wherein the cover flap is linearly movable by the motor, the gear mechanism, and the guide element.
DE 10 2017 008108 A1 teaches a motor (Figure 2 drive 15 is electric motor in paragraph [0044]) and a qear mechanism (in paragraph [0050]) between the motor (Figure 2 drive 15 is electric motor in paragraph [0044]) and the cover flap (Figure 3 closure element 9 in paragraphs [0052]-[0054]), wherein the cover flap (Figure 3 closure element 9 in paragraphs [0052]-[0054]) is linearly movable by the motor (Figure 2 drive 15 is electric motor in paragraph [0044]), the gear mechanism (paragraph [0050]), and the guide element (paragraph [0050]).
Regarding claim 15, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to the charging socket of DE 10 2021 006063 A1 with a motor and a qear mechanism between the motor and the cover flap, wherein the cover flap is linearly movable by the motor, the gear mechanism, and the guide element, as taught by
DE 10 2017 008108 A1, a reasonable expectation of success in order the cover flap is linearly movable by the motor, the gear mechanism, and the guide element.
Regarding claim 18, DE 10 2021 006063 A1 discloses the charging socket (shown in Figures 4-6 part 100) according to claim 8 but does not show wherein the guide element is a linear guide.
DE 10 2017 008108 A1 teaches wherein the guide element is a linear guide (paragraph [0050]).
Regarding claim 18, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to the charging socket of DE 10 2021 006063 A1 with the guide element is a linear guide, as taught by DE 10 2017 008108 A1, a reasonable expectation of success in order to linearly move the cover flap.
Allowable Subject Matter
Claims 11-14 and 19 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including 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:
Regarding claim 11, DE 10 2021 006063 A1 discloses the charging socket (shown in Figures 4-6 part 100) according to claim 7 but does not show further comprising a spindle drive, wherein the drive wheel is part of the spindle drive.
Claims 12-14 depends on claim 11.
Regarding claim 19, DE 10 2021 006063 A1 discloses the charging socket (shown in Figures 4-6 part 100) according to claim 7 but does not show further comprising a motor and a gear mechanism between the motor and the cover flap, wherein the cover flap is rotationally movable by the motor, the gear mechanism, and the guide element.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US8454375 discloses closure device for an electrical plug-in coupling means arranged on a motor vehicle or a charging station.
US 20190326701 A1 discloses charging socket cover (20) has a pivoting apparatus (40) driven by a drive apparatus (50) to pivot a closing apparatus (30) between a closed position (P1) and an opening position relative to an opening in a vehicle body. The pivoting and drive apparatuses also pivot the closing apparatus by rotation about the axis and by translation parallel to the axis between closed and open positions and or vice-versa.
Communication
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Lori Lyjak whose telephone number is
571-272-6658. The Examiner can normally be reached from 8:30 a.m. to
4:30 p.m. EST Monday through Friday.
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If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s Supervisor, Vivek Koppikar can be reached at 571-272-5109.
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Lori Lyjak/Primary Examiner, Art Unit 3612B
