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 Objections
Claim 11 is objected to because of the following informalities:
Regarding claim 11, line 1, “primary ratchet” is recited. It appears the article “a” is missing as was used to introduce the secondary ratchet. For purposes of examination, the Examiner will interpret the claim to read “a primary ratchet”.
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, 10, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Johann et al., US 12637883 B2 (hereinafter Johann).
Regarding claim 1, Johann teaches a latch assembly (system 12) for a motor vehicle (motor vehicle 11) comprising:
a ratchet assembly (ratchet 40; auxiliary ratchet 44) having a primary striker capture position (Figs 2A-2B), whereat a striker (striker 50) is captured by the ratchet assembly and the latch assembly is in a primary latched state (col 9, line 61-col 10, line 21; Fig 2C), a secondary striker capture position (Figs 4A-4B), whereat the striker is captured by the ratchet assembly and the latch assembly is in a secondary latched state (col 9, line 61-col 10, line 21; Fig 4C), and a striker releasing position (Figs 7A-7B), whereat the striker is releasable from the ratchet assembly and the latch assembly is in a fully unlatched state (col 9, line 61-col 10, line 21; Fig 7C);
a pawl (primary pawl 24; secondary pawl 42) for holding the ratchet assembly in one of the primary striker capture position and the secondary striker capture position, and for allowing the ratchet assembly to move to the striker releasing position (col 9, line 61-col 10, line 21); and
a power release mechanism (common gear 34; drive gear 36; motor 38; intermediate gear 92; second intermediate gear 96) having a motor (38) and a power release gear (34; 92; 96), where the motor is operable to rotate the power release gear in a first direction (Fig 4A depicts 36 rotating such that intermediate gear 92 rotates clockwise) to move the pawl in a first actuation to allow the ratchet assembly to move from the primary striker capture position to the secondary striker capture position (col 12, line 38-col 13, line 7; Fig 4A depicts 24 moving in a first actuation; Fig 4C describes 40 being in the secondary striker capture position), and to rotate the power release gear in a second direction, opposite the first direction (Fig 5A depicts 36 rotating such that intermediate gear 92 rotates counterclockwise direction opposite the first direction), to move the pawl in a second actuation to allow the ratchet assembly to move from the secondary striker capture position to the striker releasing position (col 12, line 38-col 13, line 7; Fig 5A depicts 24 moving in a second actuation; Fig 5C describes 40 being in the striker releasing position).
Regarding claim 2, Johann teaches the latch assembly of Claim 1, wherein the power release gear (34; 92; 96) has a first feature (first drive member 20) configured to move the pawl (24; 42; col 9, lines 1-60 discusses 20 being monolithic with 34, engaged with cable 22 resulting in 24 moving when 34 is rotated) while the power release gear is rotating in the first direction (Fig 4A depicts 36 rotating such that intermediate gear 92 rotates clockwise), and a second feature (torsion spring 102) configured to move the pawl while the power release gear is rotating in the second direction (Fig 5A depicts 34 rotating with the bias of 102 in the second direction).
Regarding claim 10, Johann teaches the latch assembly of Claim 1, wherein the pawl (24; 42) has a pawl rest position (Fig 2A) and a ratchet releasing position (Fig 3A; 5A), the pawl being moved from the pawl rest position to the ratchet releasing position and back to the rest position during the first actuation (movement from Fig 2A to Fig 3A depicts 24 moving from the pawl rest position to the ratchet releasing position during the first actuation), and the pawl being moved from the pawl rest position to the ratchet releasing position and back to the rest position during the second actuation (movement from Fig 5A to Fig 7A depicts 24 moving from the pawl rest position to the ratchet releasing position and back to the pawl rest position during the second actuation).
Regarding claim 15, Johann teaches the latch assembly of Claim 1, wherein the power release gear (34; 92; 96) rotates less than 360 degrees in the first direction during the first actuation (movement from Fig 2A to Fig 4A depicts the rotation of 34 to be less than 360 degrees in the first direction) and rotates less than 360 degrees in the second direction during the second actuation (movement from Fig 4A to Fig 7A depicts 34 rotating less than 360 in the second direction).
Allowable Subject Matter
Claims 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, and 14 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 3, while Tomaszewski, US 10132107 B2, teaches it is known in the art for power release gears to have a first feature on a first face of the power release gear and to have a second feature on a second face of the power release gear, the second face being opposite of the first face, one of ordinary skill in the art would not find it obvious to modify Johann in view of Tomaszewski as claimed in the instant application wherein the first feature is on a first face of the power release gear and the second feature is on a second face, opposite the first face, of the power release gear; without the use of impermissible hindsight and/or destroying the references.
Regarding claims 4-9, they would be allowable because they pend from claim 3.
Regarding claim 11, while Tomaszewski, US 10132107 B2, teaches it is known in the art for vehicular latches to comprise ratchet assemblies further comprising primary and secondary ratchets, one of ordinary skill in the art would not find it obvious to modify Johann in view of Tomaszewski as claimed in the instant application wherein the ratchet assembly includes a (see claim 11 Claim Objection) primary ratchet having a primary striker slot and a secondary ratchet having a secondary striker slot, the primary ratchet supported for rotation about a primary ratchet axis and the secondary ratchet supported for rotation about a secondary ratchet axis spaced from the primary ratchet axis; without the use of impermissible hindsight and/or destroying the references.
Regarding claims 12-14, they would be allowable because they pend from claim 11.
Claims 16, 17, 18, 19, and 20 are allowed.
Regarding claim 16, while Johann teaches it is known in the art for a latch assembly for a motor vehicle comprising: a ratchet assembly including a primary ratchet having a primary striker slot, the ratchet assembly having a primary striker capture position, whereat a striker is captured in the primary striker slot of the primary ratchet and the latch assembly is in a primary latched state, a secondary striker capture position, whereat the striker is captured in the primary striker slot of the primary ratchet and the latch assembly is in a secondary latched state, and a striker releasing position, whereat the striker is releasable from the primary striker slot and the latch assembly is in a fully unlatched state; a pawl for holding the primary ratchet in the primary striker capture position and for holding the secondary ratchet in the secondary striker capture position, and for allowing the ratchet assembly to move to the striker releasing position; and a power release mechanism having a motor and a power release gear, where the motor is operable to rotate the power release gear in a first direction to move the pawl in a first actuation to allow the primary ratchet to move from the primary striker capture position to a primary striker releasing position, and to rotate the power release gear in a second direction, opposite the first direction, to move the pawl in a second actuation to allow the secondary ratchet to move from the secondary striker capture position to the secondary striker releasing position, while Tomaszewski, US 10132107 B2, teaches it is known in the art for vehicular latches to comprise ratchet assemblies further comprising primary and secondary ratchets, one of ordinary skill in the art would not find it obvious to modify Johann in view of Tomaszewski as claimed in the instant application wherein a latch assembly comprising: a ratchet assembly including a primary ratchet having a primary striker slot and a secondary ratchet having a secondary striker slot, the ratchet assembly having a primary striker capture position, whereat a striker is captured in the primary striker slot of the primary ratchet and the latch assembly is in a primary latched state, a secondary striker capture position, whereat the striker is captured in the secondary striker slot of the secondary ratchet and the latch assembly is in a secondary latched state, and a striker releasing position, whereat the striker is releasable from the secondary striker slot and the latch assembly is in a fully unlatched state; without the use of impermissible hindsight and/or destroying the references.
Regarding claims 17-20, they are allowable because they pend from claim 16.
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 vehicular latches.
Tomaszewski, US 10132107 B2, teaches a vehicular latch with direct locking of pawl with a primary ratchet with primary and secondary striker capture positions, a secondary ratchet, a pawl, a secondary pawl, and a bidirectional motor powered power release mechanism.
Robert, US 20200340277 A1, teaches a motor vehicle lock with three positions with a primary ratchet with primary and secondary striker capture positions, a pawl, and a bidirectional motor powered power release mechanism.
Centnar, US 20230079726 A1, teaches a closure latch assembly with crash unlock mechanism using a single electric motor.
Nishikibe, US 8533998 B2, teaches an apparatus for controlling opening and closing member for vehicle with a primary ratchet with primary and secondary striker capture positions, a secondary ratchet, a pawl, and a bidirectional motor powered power release mechanism
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/STEVEN A TULLIA/Examiner, Art Unit 3675
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