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 claim 8 recitation “wherein the release lever engages the secondary pawl lug and the auxiliary pawl lug simultaneously” and the claim 9 recitation “wherein the release lever engages the secondary pawl lug first and then the auxiliary pawl lug” must be shown or the feature(s) canceled from the claim(s). Figs 2-5 only depicts release lever 43 engaging secondary pawl lug 57. 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.
Claim Objections
Claim 15 is objected to because of the following informalities:
Regarding claim 4, lines 5 and 8, the term “positon” is recited. For purposes of examination, the Examiner will interpret the claim to read “position”.
Regarding claim 15, lines 5 and 8, the term “positon” is recited. For purposes of examination, the Examiner will interpret the claim to read “position”.
Appropriate 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.
Claims 1, 2, 3, 4, and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rueckert et al., DE 19902561 C5 (hereinafter Rueckert) NOTE: paragraph numbers are from the Espacenet machine translation of DE19902561C5.
Regarding claim 1, Rueckert teaches a closure latch assembly [0001] for a closure member of a motor vehicle [0002], comprising:
a latch mechanism including a ratchet (rotary latch 4), a primary pawl (blocking element 22), and a secondary pawl (pawl 10), the ratchet being moveable between a primary striker capture position (Fig 4 depicts 4 in the primary striker capture position), a secondary striker capture position (Fig 3 depicts 4 in the secondary striker capture position), and a striker release position (Fig 5 depicts 4 in the striker release position), the primary pawl being moveable between a primary ratchet holding position, whereat the primary pawl holds the ratchet in its primary striker capture position (Fig 4 depicts 22 in the primary ratchet holding position holding 4 in the primary striker capture position), and a primary ratchet releasing position, whereat the primary pawl permits the ratchet to move to the striker release position (Fig 5 depicts 22 in the primary ratchet releasing position permitting 4 to move to the striker release position); and
the secondary pawl being moveable between a secondary ratchet holding position, whereat the secondary pawl holds the ratchet in its secondary striker capture position (Fig 3 depicts 10 in the secondary ratchet holding position holding 4 in the secondary striker capture position), and a secondary ratchet releasing position, whereat the secondary pawl permits the ratchet to move to its striker release position (Fig 5 depicts 10 in the secondary ratchet releasing position permitting 4 to move to the striker release position);
wherein the primary pawl is configured to abut the secondary pawl during a crash condition to prevent the ratchet from moving to its striker release position (Fig 4 depicts 22 abutting 10 preventing 4 from moving from the striker release position; this is the latch locked configuration the apparatus would be in if the vehicle were to be in during a crash).
Regarding claim 2, Rueckert teaches the closure latch assembly of Claim 1, wherein during a non-crash, normal operating condition of the closure latch assembly, the primary pawl (22) and the secondary pawl (10) are aligned and spaced from one another by a gap while the primary pawl is in the primary ratchet holding position (Fig 4 depicts 22 in the primary ratchet holding position where control pin 26 of 22 is aligned and spaced from 10 by a gap).
Regarding claim 3, Rueckert teaches the closure latch assembly of Claim 2, wherein the primary pawl (22) is configured to move under impact with the ratchet (4) to abut the secondary pawl (10) during the crash condition to eliminate the gap (movement from Fig 4 to Fig 5 depicts a possible latch release during crash conditions where 4 rotates out of engagement with 22 which then rotates into engagement with 11 eliminated the gap).
Regarding claim 4, Rueckert teaches the closure latch assembly of Claim 2, wherein the primary pawl (22) is supported by a primary pawl pin (Pivot pin 34) and the secondary pawl (10) is supported by a secondary pawl pin (Fig 1 depicts the secondary pawl pin to be represented by pivot axis 19), wherein the primary pawl pin is under a reaction load imparted by the ratchet on the primary pawl during a non-crash, normal operating condition of the closure latch assembly while the primary pawl is in its primary ratchet holding position (see claim interpretation under Claim Objection for claim 4; Fig 4 depicts 22 in the primary ratchet holding position engaged with 13 of 4, this engagement producing an equal and opposite reaction load on 34 acting longitudinally along 22 back towards 13 of 4; thereby meeting the Merriam-Webster definition 4 of reaction and the broadest reasonable interpretation of the term), and wherein the secondary pawl pin is not under a reaction load imparted by the ratchet on the primary pawl during a non-crash, normal operating condition of the closure latch assembly while the primary pawl is in its primary ratchet holding position (see claim interpretation under Claim Objection for claim 4; Fig 4 depicts any force of 22 engaged with 10 not to be equal or opposite of the force applied by 4 on 22; thereby not meeting the Merriam-Webster definition 4 of reaction).
Regarding claim 6, Rueckert teaches the closure latch assembly of Claim 1, further including an auxiliary pawl (pawl actuating element 28) moveable between a primary pawl blocking position, whereat auxiliary pawl prevents rotation of the primary pawl from its primary ratchet holding position (Fig 4 depicts 28 in the primary pawl blocking position preventing rotation of 22 from the primary ratchet holding position), and a primary pawl releasing position, whereat auxiliary pawl allows the primary pawl to rotate away from the ratchet to its ratchet releasing position (Fig 5 depicts 28 in the primary pawl releasing position allowing 22 to rotate away from 4 to the ratchet release position).
Allowable Subject Matter
Claims 5, 7, 8, 9, 10, and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims.
Regarding claim 5, while Rueckert teaches it is known in the art for a closure latch to comprise a ratchet, a primary pawl, and a secondary pawl, wherein primary pawl has a primary holding projection configured to engage a single ratchet notch on the ratchet while in the primary ratchet holding position and the secondary pawl has a secondary holding projection, one of ordinary skill in the art would not find it obvious to modify Rueckert as claimed in the instant application wherein the secondary pawl has a secondary holding projection configured to engage the single ratchet notch while in the secondary ratchet holding position; without the use of impermissible hindsight and/or destroying the references.
Regarding claim 7, while Cumbo et al., US 20180355642 A1, teaches it is known in the art for a closure latch assembly to comprise a release lever, one of ordinary skill in the art would not find it obvious to modify Rueckert in view of Cumbo as claimed in the instant application wherein further including a release lever, wherein the secondary pawl has a secondary pawl lug and the auxiliary pawl has an auxiliary pawl lug, the release lever being arranged to abut secondary pawl lug to rotate the secondary pawl away from the ratchet, and to abut auxiliary pawl lug to rotate the auxiliary pawl away from its primary pawl blocking position; without the use of impermissible hindsight and/or destroying the references.
Regarding claims 8, 9, and 10, they would be allowable since they pend from claim 7.
Regarding claim 11, while Rueckert teaches it is known in the art for a closure latch to comprise a ratchet, a primary pawl, and a secondary pawl, wherein the ratchet has a notch for engagement with the primary pawl in the primary striker capture position and another notch for engagement with the secondary pawl in the secondary striker capture position; one of ordinary skill in the art would not find it obvious to modify Rueckert as claimed in the instant application wherein the ratchet comprises a single notch for engagement with the primary pawl in the primary striker capture position and with the secondary pawl in the secondary striker capture position; without the use of impermissible hindsight and/or destroying the references.
Claims 12, 13, 14, 15, 16, 17, 18 , 19, and 20 are allowed.
Regarding claim 12, while Rueckert teaches it is known in the art for a closure latch assembly for a closure member of a motor vehicle, comprising: a latch mechanism including a ratchet, a primary pawl, an auxiliary pawl, and a secondary pawl, the ratchet being moveable between a primary striker capture position, a secondary striker capture position, and a striker release position, the primary pawl being moveable between a primary ratchet holding position, whereat the primary pawl holds the ratchet in its primary striker capture position, and a primary ratchet releasing position, whereat the primary pawl permits the ratchet to move to its striker release position; the auxiliary pawl moveable between a primary pawl blocking position, whereat auxiliary pawl prevents rotation of the primary pawl from its primary ratchet holding position, and a primary pawl releasing position, whereat auxiliary pawl allows the primary pawl to rotate away from the ratchet to its ratchet releasing position; and the secondary pawl being moveable between a secondary ratchet holding position, whereat the secondary pawl holds the ratchet in its secondary striker capture position, and a secondary ratchet releasing position, whereat the secondary pawl permits the ratchet to move to its striker release position; wherein the primary pawl and the secondary pawl are spaced from one another by a gap while the primary pawl is in the primary ratchet holding position; one of one of ordinary skill in the art would not find it obvious to modify Rueckert as claimed in the instant application whereat auxiliary pawl allows the primary pawl to rotate away from the ratchet to its ratchet releasing position under a bias imparted on the primary pawl by a primary pawl biasing member; without the use of impermissible hindsight and/or destroying the references.
Regarding claims 13-20, they would be allowable because they pend from claim 12.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to further show the state of the art for closure latch assemblies.
Kajigai et al., US 20200208444 A1, teaches a vehicle door lock device with a ratchet, a primary pawl, a secondary pawl, and an auxiliary pawl.
Pettengill et al., US 9212509 B2, teaches a locking mechanism with a ratchet, a primary pawl, and a secondary pawl.
Shimura, US 5979951 A, teaches an automotive slide door lock with a ratchet, a primary pawl, and a secondary pawl.
Zimmerman, US 5273325 A, teaches a motor-vehicle door latch with power assist with a ratchet, a primary pawl, a secondary pawl, and an auxiliary pawl.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A TULLIA whose telephone number is (571)272-6434. The examiner can normally be reached M-F 8-5 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina 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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/STEVEN A TULLIA/Examiner, Art Unit 3675
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