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 .
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, 2, 6-9 (3-5 by dependency) 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 pre-AIA the applicant regards as the invention.
Regarding claims:
Claim 1, line 5, 7, “the striker can be moved”; “different force can be introduced”
Claim 2, line 2, “torsion spring can be brought”
Claim 6, line 2, “pre-tensioning lever can be held”
Claim 7, line 2, “blocking lever can latch”
Claim 8, line 2, “blocking lever can be actuated”
Claim 9, line 2, 4 “a first arm which can be brought”, a second arm which can be brought into engagement”
"can be" is indefinite, because it is susceptible to more than one plausible construction. It is unclear whether the limitation refers to a capability that is required to be present in the invention or whether it refers to a system capability that is a mere possibility that is not required.
Regarding claim 1 it is unclear in the recitation of “in particular” what the applicant does or does not require in the claim rendering the claim indefinite.
In view of the rejections above under 35 USC § 112, the claims referred to in any and all rejections below are rejected as best understood.
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) 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ide et al. (US 2022/0307299).
Regarding claim 1, a lock for a motor vehicle, in particular a hood lock, comprising a locking mechanism having a rotary latch (12) and at least one pawl (13) for latching a striker (S) at least in a locking position of the motor vehicle lock, and a torsion spring (53), wherein the torsion spring interacts with the locking mechanism such that the striker can be moved out of the locking position by means of the torsion spring, at least in a supporting manner, wherein a different force can be introduced into the rotary latch by means of the torsion spring.
Regarding claim 2, the motor vehicle lock according to claim 1, wherein characterized in that the torsion spring (53) can be brought into direct engagement with the rotary latch (12).
Regarding claim 3, the lock according to claim 1, wherein the force (F) of the torsion spring (53) is adjustable by means of a pretensioning lever (44).
Regarding claim 4, the lock according to claim 1, wherein the pretensioning level (44) is pivotably mounted in a lock case (11).
Regarding claim 5, the lock according to claim 1, wherein one leg (62) of the torsion spring (35) bears against a bent portion (43) of the pretensioning lever (44).
Regarding claim 6, the lock according to claim 1, wherein the pretensioning lever (44) can be held at least in one position by means of a blocking lever (45).
Regarding claim 7, the lock according to claim 6, wherein the blocking lever (45) can latch into a recess (44 though base 11 Fig.1)).
Regarding claim 8, the lock according to claim 6either of claims 6, wherein the blocking lever (45) can be actuated by means of the rotary latch (12).
Regarding claim 9, the lock according to claim 6, wherein the blocking lever comprises a first arm (45) which can be brought into engagement with the pretensioning lever (44) and a second arm (42) which can be brought into engagement with the rotary latch (12 at 34).
Regarding claim 10, a method for closing a motor vehicle lock according to claim 1, in which the rotary latch (12) is subjected to the force of a torsion spring and the torsion spring (53) is subjected to a large force (F) when the lock is opened 9Fig.1A) and to a smaller force (F) when the lock is closed (Fig.1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as it may affect the patentability of applicant’s claimed invention is listed on the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thomas L. Neubauer whose telephone number is 571.272.4864. The examiner can normally be reached on Monday - Friday, 8:00 AM through 5:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina R. Fulton can be reached on 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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/T. L. N./
Examiner, Art Unit 3675
/KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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