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 .
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 main catch rotary latch and the preliminary catch rotary latch are connected to one another stacked like a sandwich, see 112 2nd paragraph rejection below, 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.
Specification
The abstract of the disclosure is objected to because it contains more than 150 words and the word “said”.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
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 1-16 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 1 requires that the main catch rotary latch and the preliminary catch rotary latch are connected to one another stacked like a sandwich.
At the instant, the limitation is indefinite. To be stacked as a sandwich, there has to be something in between the main catch rotary latch and the preliminary catch rotary latch, or that that is enclosed between two things.
Here is the invention:
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As shown, the main catch rotary latch and the preliminary catch rotary latch are just stacked one over the other, not as a sandwich.
Therefore, in order to continue with the examination, a broad interpretation will be given. Correction is required.
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.
Claim(s) 1-4, 6, 10, and 14-16 is/are rejected under 35 U.S.C. 102a1 as being anticipated by DE 102008048711 to Inan (Inan 711).
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Regarding claim 1, Inan 711 discloses a locking mechanism that comprises a rotary latch assembly and a catch pawl assembly.
The rotary latch assembly comprises a main catch rotary latch (5) having a main catch (6), and a preliminary catch rotary latch (7) having a preliminary catch (8).
The catch pawl assembly comprises a main catch pawl (21) and a preliminary catch pawl (22).
The preliminary catch pawl and the main catch pawl are rotatably mounted so as to be coaxial with one another (at 23).
The preliminary catch pawl is configured to interact with the preliminary catch rotary latch in a preliminary catch plane.
The main catch pawl is configured to interact with the main catch of the main catch rotary latch in a main catch plane, that is at a distance from the preliminary catch plane.
The main catch rotary latch and the preliminary catch rotary latch are connected to one another stacked one over the other one.
As to claim 2, Inan 711 discloses that the main catch rotary latch and the preliminary catch rotary latch each includes at least one of an area of a striker receiver (by 13 and 27) and an area of a bearing opening (accepting the shaft pin 26).
As to claim 3, Inan 711 discloses that the main catch rotary latch and the preliminary catch rotary latch are metal stamped parts made of the same metal (steel).
As to claim 4, Inan 711 discloses that the main catch rotary latch and the preliminary catch rotary latch are connected to each other by rivets, screws or stamping (screw 9).
As to claim 6, Inan 711 discloses that the main catch rotary latch and the preliminary catch rotary latch have a coating (20).
As to claim 10, Inan 711 discloses that the preliminary catch pawl and the main catch pawl are rotatably coupled to each other (at 23) in such a way that the preliminary catch pawl entrains the main catch pawl after a defined idle travel during an opening process.
As to claim 14, Inan 711 illustrates that the main catch rotary latch and the preliminary catch rotary latch are each plate-shaped with a predominantly matching surface in an area of the striker receiver and/or the bearing opening.
As to claim 15, Inan 711 discloses that the rotary latch further includes a stop arm and a load arm, and wherein the striker receiver (27) is bounded by the stop arm and the load arm.
As to claim 16, Inan 711 discloses that the main and preliminary catch rotary latches are made of steel. However, Inan also discloses that the plates can be manufactured of different material, therefore, they can have different hardness.
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 102008048711 to Inan (Inan 711) in view of DE 202008012707 (DE 707).
As to claim 5, Inan 711 fails to disclose that the main catch rotary latch and the preliminary catch rotary latch are connected to each other at least at points. Inan 711 discloses one point (9).
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DE 707 teaches that it is well known in the art to provide multiple connecting points (10) to secure a main catch rotary latch (4) and the preliminary catch rotary latch (7) to each other.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the main and preliminary catch rotary latch elements described by Inan 711 with additional connecting points, as taught by DE 707, in order to increase the stability of the connection between the two elements.
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 102008048711 to Inan (Inan 711) in view of DE 10216313 to Braeuherr et al (Braeuherr).
Inan 711 fails to disclose that the main catch rotary latch and the preliminary catch rotary latch consist of materials of different hardness and/or are coated with materials of different hardness.
Inan 711 discloses that the main and preliminary catch rotary latches are made of steel. However, Inan also discloses that the plates can be manufactured of different material, therefore, they can have different hardness.
Braeuherr teaches that it is well known in the art to provide a latch (1) coated with materials of different hardness (5 and 17-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the coating of the main and preliminary catch rotary latch elements described by Inan 711 as one with materials of different hardness, as taught by Braeuherr, in order to aid in the deformation of the contact points of the elements.
Applicant is reminded that the selection of a known material based upon its suitability for the intended use is a design consideration within the level of skill of one skilled in the art.
Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 102008048711 to Inan (Inan 711) in view of US Pat No 12,252,911 to Hunt.
As to claim 11, Inan 711 fails to disclose that the main catch rotary latch has a latching element pivotably mounted thereon.
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Hunt teaches that it is well known in the art to provide a main catch rotary latch (1) with a latching element (3) pivotably mounted thereon to define an engagement surface with a pawl (2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the main catch rotary latch described by Inan 711 with a latching element, as taught by Hunt, in order to define the engagement surface with the pawl.
Applicant is reminded that separate elements fastened together, in place of a one-piece construction, is a design consideration within the skill of the art.
As to claim 12, Hunt teaches that the preliminary catch rotary latch (4) is configured to at least partially secure and cover the latching element.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 102008048711 to Inan (Inan 711) in view of DE 102019128633 to Inan et al (Inan 633).
As to claim 13, Inan 711 fails to disclose that the main catch rotary latch and/or the preliminary catch rotary latch are equipped with guides.
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Inan 633 teaches that it is well known in the art to provide a latch equipped with a guide (18) that interact with a guide (17) on the pawl for guiding the interaction of both elements.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the main or preliminary catch rotary latch element described by Inan 711 with a guide, as taught by Inan 633, in order to aid in the interaction between the latch and the pawl.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS LUGO whose telephone number is (571)272-7058. The examiner can normally be reached M-F 9-6pm.
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.
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/Carlos Lugo/
Primary Examiner
Art Unit 3675
September 8, 2026
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