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 11, 12, 14-16, 18 and 19 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.
Claims 11, 14 and 18 require that the cover is provided by an inside door handle. At the instant, it is unclear what is claimed here since the cover or lid (L) has nothing to do with the inside door handle (26).
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 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US Pat No 6,386,599 to Chevalier (fig 10b).
PNG
media_image1.png
595
806
media_image1.png
Greyscale
Regarding claim 1, Chevalier discloses a closure latch assembly for a vehicle door, comprising: a latch mechanism including a ratchet (11) and a pawl (20), the ratchet being moveable between a striker capture position and a striker release position, the pawl being moveable between a ratchet holding position whereat the pawl holds the ratchet in its striker capture position and a ratchet releasing position whereat the pawl permits the ratchet to move to its striker release position.
A power release mechanism moveable by a single power actuator (70), whereat the pawl can be moved from the ratchet holding position to the ratchet releasing position upon a single actuation of the power release mechanism.
An emergency backup mechanism configured to provide mechanically actuated movement of the pawl from the ratchet holding position to the ratchet releasing position without assistance from the power actuator.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US Pat No 11,274,478 to Ney et al (Ney).
PNG
media_image2.png
544
526
media_image2.png
Greyscale
Regarding claim 1, Ney discloses a closure latch assembly for a vehicle door. The assembly comprises a latch mechanism including a ratchet (58) and a pawl (56); the ratchet being moveable between a striker capture position and a striker release position, the pawl being moveable between a ratchet holding position whereat the pawl holds the ratchet in its striker capture position and a ratchet releasing position whereat the pawl permits the ratchet to move to its striker release position.
A power release mechanism moveable by a single power actuator (40), whereat the pawl can be moved from the ratchet holding position to the ratchet releasing position upon a single actuation of the power release mechanism.
An emergency backup mechanism (24, cable, col 7 line 15) configured to provide mechanically actuated movement of the pawl from the ratchet holding position to the ratchet releasing position without assistance from the power actuator.
As to claim 2, Ney discloses that the power release mechanism is moveable by the single power actuator (70) between a home position, whereat the pawl can be moved from the ratchet holding position to the ratchet releasing position upon a single actuation of the power release mechanism or upon a single actuation of an inside handle (in the direction 50, whereat the pawl can be moved from the ratchet holding position to the ratchet releasing position upon a single actuation of the power release mechanism, and back to the home position in the direction 72), and at least one of a double pull lock position and a child lock position, whereat the pawl cannot be moved from the ratchet holding position to the ratchet releasing position upon a single actuation of the power release mechanism or upon a single actuation of the inside handle (Col 11 Line 54, when gear 32 is rotated clockwise, it can perform power release of the latch, electrically 1st an 2nd pulls, and a child lock action).
As to claim 3, Ney discloses that the pawl, while the power release mechanism is in the double pull lock position, can be moved from the ratchet holding position to the ratchet releasing position upon performing a double actuation of the power release mechanism (electronically, col 10 line 47).
As to claim 4, Ney discloses that the power release mechanism moves directly from the double pull lock position to the release position upon performing the double actuation of the power release mechanism.
As to claim 5, Ney discloses that the pawl, while the power release mechanism is in the double pull lock position, can be moved from the ratchet holding position to the ratchet releasing position upon performing a double actuation of the inside handle (manually, col. 6 line 60).
As to claim 6, Ney discloses that the power release mechanism, while in the double pull lock position, moves from the double pull lock position to the home position upon performing a first actuation of the power release mechanism (1st pull).
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) 8-10 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 6,386,599 to Chevalier (fig 10b) in view of US Pat No 2,575,211 to Flacke.
Claims 8 and 13, Chevalier fails to disclose that the emergency backup mechanism is behind a cover that prevents inadvertent access to the emergency backup mechanism. Chevalier just discloses that the mechanism comprises a release lever (246) connected to a cable (245) and a handle.
PNG
media_image3.png
497
612
media_image3.png
Greyscale
Flacke teaches that it is well known in the art to provide a lid (21) to cover and prevent access to a release mechanism (15).
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 emergency backup mechanism described by Chevalier with a lid or cover, as taught by Flacke, in order to prevent inadvertent access to the emergency backup mechanism.
As to claim 9, Chevalier that the emergency backup mechanism includes a mechanically actuatable release chain (245) operably coupled to a release lever (246), wherein the release lever is configured to move the pawl from the ratchet holding position to the ratchet releasing position upon selective actuation of mechanically actuatable release chain.
As to claim 10, Chevalier discloses that the mechanically actuatable release chain includes an actuator member coupled to a Bowden cable, with the Bowden cable being coupled to the release lever.
Claim(s) 11, 12, 14, 15, 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 6,386,599 to Chevalier (fig 10b) in view of US Pat No 2,575,211 to Flacke and further in view of US Pat No 10,550,610 to Linden et al (Linden).
As to claims 11, 14 and 17, Chevalier, as modified by Flacke, fails to disclose that the cover is located by an inner door panel of the vehicle.
PNG
media_image4.png
490
935
media_image4.png
Greyscale
Linden teaches that it is well known in the art to provide an emergency backup mechanism (10) by an interior door panel (146) accessible through an opening (149).
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 emergency backup mechanism described by Chevalier, as modified by Flacke, at an inside door panel, as taught by Linden, in order to provide the mechanism close to the user.
As to claim 12, Chevalier discloses that the power release mechanism is moveable by the single power actuator from a home position, whereat the pawl can be moved from the ratchet holding position to the ratchet releasing position upon a single actuation of the inside handle.
As to claim 15, Chevalier discloses that the emergency backup mechanism includes a mechanically actuatable release chain (245) operably coupled to a release lever (246), wherein the release lever is configured to move the pawl from the ratchet holding position to the ratchet releasing position upon selective actuation of mechanically actuatable release chain.
As to claim 18, Flacke teaches the use of a cover configured to conceal the access opening to prevent inadvertent access to a handle (15). Linden teaches that the emergency backup mechanism can be located on an interior door panel.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 11,274,478 to Ney et al (Ney) in view of in view of US Pat No 10,844,639 to Nelsen.
Ney fails to disclose that the assembly further includes a child lock switch configured in electrical communication with the single actuator to move the power release mechanism from the home position to the child lock position. Ney just discloses that the power release mechanism will perform a child lock function (Col 11 Line 54, when gear 32 is rotated clockwise).
Nielsen teaches that it is well known in the art to provide an assembly with a child lock switch configured in electrical communication with the single actuator to move the power release mechanism from the home position to the child lock position (col 5 line 53, detection of a child lock feature, i.e. switch or the like).
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 assembly described by Ney with a child lock switch, as taught by Nielsen, in order to detect the position of the feature and with that information perform the corresponding function.
Claim(s) 8-10, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 11,274,478 to Ney et al (Ney) in view of in view of US Pat No 10,844,639 to Nelsen and further in view of US Pat No 2,575,211 to Flacke.
Claims 8 and 13, Ney, as modified by Nelsen, fails to disclose that the emergency backup mechanism is behind a cover that prevents inadvertent access to the emergency backup mechanism. Ney just discloses that the mechanism comprises a release lever (24) connected to a cable (not shown).
Flacke teaches that it is well known in the art to provide a lid (21) to cover and prevent access to a release mechanism (15).
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 emergency backup mechanism described by Ney, as modified by Nelsen, with a lid or cover, as taught by Flacke, in order to prevent inadvertent access to the emergency backup mechanism.
As to claim 9, Ney discloses that the emergency backup mechanism includes a mechanically actuatable release chain (not shown) operably coupled to a release lever (24), wherein the release lever is configured to move the pawl from the ratchet holding position to the ratchet releasing position upon selective actuation of mechanically actuatable release chain.
As to claim 10, Ney discloses that the mechanically actuatable release chain includes an actuator member coupled to a Bowden cable, with the Bowden cable being coupled to the release lever.
Claim(s) 11, 12, and 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 11,274,478 to Ney et al (Ney) in view of in view of US Pat No 10,844,639 to Nelsen, US Pat No 2,575,211 to Flacke and further in view of US Pat No 10,550,610 to Linden et al (Linden).
As to claims 11, 14 and 17, Ney, as modified by Nelsen and Flacke, fails to disclose that the cover is located by an inner door panel of the vehicle.
Linden teaches that it is well known in the art to provide an emergency backup mechanism (10) by an interior door panel (146) accessible through an opening (149).
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 emergency backup mechanism described by Ney, as modified by Nelsen and Flacke, at an inside door panel, as taught by Linden, in order to provide the mechanism close to the user.
As to claim 12, Ney discloses that the power release mechanism is moveable by the single power actuator from a home position, whereat the pawl can be moved from the ratchet holding position to the ratchet releasing position upon a single actuation of the inside handle (allowing the release lever 24 to be actuated).
As to claim 15, Ney discloses that the emergency backup mechanism includes a mechanically actuatable release chain (not shown) operably coupled to a release lever (24), wherein the release lever is configured to move the pawl from the ratchet holding position to the ratchet releasing position upon selective actuation of mechanically actuatable release chain.
As to claim 16, Ney discloses that while the power release mechanism is in the double pull lock position, a double actuation of the emergency backup mechanism causes the mechanically actuatable release chain to move the pawl from the ratchet holding position to the ratchet releasing position.
As to claim 18, Flacke teaches the use of a cover configured to conceal the access opening to prevent inadvertent access to a handle (15). Linden teaches that the emergency backup mechanism can be located on an interior door panel.
As to claim 19, Ney discloses that the power release mechanism is moveable by the single power actuator in response to actuation of the inside handle from a rest position to a deployed position.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Carlos Lugo/
Primary Examiner
Art Unit 3675
August 10, 2026
Prosecution Insights