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 .
Election/Restrictions
Applicant’s election without traverse of Species I (Fig1-4c) in the reply filed on 08/21/2026 is acknowledged. Claims 1-5 will be examined. Claims 6-20 are withdrawn from consideration.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ostrowski US 6053542 (Hereinafter referred to as Ostrowski).
Regarding claim 1, Ostrowski discloses a latch assembly (20,30,80,86,90,14,16) for a motor vehicle closure member moveable between a closed position (fig9), a partially open position (fig7), and a fully open position (fig5), comprising:
a latch housing (14,16) containing a ratchet (30) and a pawl (20), said pawl being moveable between a ratchet releasing position(fig5), whereat said ratchet is moveable to an open position (fig5) to allow the closure member to be moved to the fully open position, a secondary ratchet holding position (fig7), whereat said ratchet is held in a secondary striker capture position (fig7)by said pawl, whereat the closure member is held in the partially open position, and a primary ratchet holding position (fig9), whereat said ratchet is held in a primary striker capture position (fig9) by said pawl, whereat the closure member is held in the closed position; and
an auxiliary housing (housing of 100, fig1) containing an actuator (motor in 100, fig1), said actuator being energizable during a cinching operation (col.6 lines 30-col.7 line 20) to move a cinch mechanism (80) from a home position (fig11) to a cinched position (fig10), whereat a cinch cable (98) of the cinch mechanism moves said ratchet from the secondary striker capture position to the primary ratchet holding position, wherein said auxiliary housing is releasably fixed to said latch housing. (col.6 lines 30-col.7 line 20, fig1-11)
Regarding claim 2, Ostrowski discloses the latch assembly of Claim 1, wherein the auxiliary housing bounds an interior (interior of 100) containing the actuator and the latch housing bounds and interior containing the ratchet and the pawl, wherein the interior of the auxiliary housing is separate from and not in communication with the interior of the latch housing. (fig1)
Regarding claim 3, Ostrowski discloses the latch assembly of Claim 2, further including a cinch lever (90) having a first end (end that is attached to 86 – is pivotably coupled to 86 and also latch housing, fig1) pivotably supported in the interior of the latch housing, the cinch lever extending outwardly from the interior of the latch housing to a second end (end that connects to 98). (fig1-2)
Regarding claim 4, Ostrowski discloses the latch assembly of Claim 3, further including a cinch link (82) pivotably coupled to the cinch lever adjacent the second end of the cinch lever, the cinch link extending from the cinch lever into the interior of the latch housing for selective engagement with the ratchet to move the ratchet from the secondary striker capture position to the primary ratchet holding position. (fig1-9)
Regarding claim 5, Ostrowski discloses the latch assembly of Claim 4, wherein the cinch cable is attached directly to the cinch lever. (fig1-2)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Art is related to latch assemblies.
Related but not relied upon prior art: US 20190292817, US 11072949, US 11306517.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARIA F. AHMAD whose telephone number is (571)270-1334. The examiner can normally be reached Monday - Friday 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine M. Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.F.A./
Examiner
Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675
