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 1-9 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.
Claim 1 recites “a ratchet that is supported to the body to pivot by a ratchet shaft oriented in the left-right direction and to engage with a front-tooth-side fully-latched engagement portion provided on an opening direction side of the striker engagement groove of the latch or a rear-tooth-side fully-latched engagement portion provided on a closing direction side of the striker engagement groove of the latch” and “wherein the housing comprises a body covering portion that covers the body and is selectively fixed to the engagement assembly of a front-tooth engagement system in which the ratchet engages with the front-tooth-side fully-latched engagement portion of the latch or the engagement assembly of a rear-tooth engagement system in which the ratchet engages with the rear-tooth-side fully-latched engagement portion of the latch”, consistent with the allowed claim language of parent case US-12359475-B2. However, instant claim 1 additionally recites “wherein the fully-latched engagement portion is located on a rear-tooth-side of the latch.” Therefore, it is unclear to one of ordinary skill in the art whether the claim positively requires a latch wherein “the fully-latched engagement portion is located on a rear-tooth-side of the latch”, or if the claim is satisfied by a latch having either a front-tooth-side fully-latched engagement portion or a rear-tooth-side fully-latched engagement portion.
The Examiner suggests that claim 1 should be amended to recite “a ratchet that is supported to the body to pivot by a ratchet shaft oriented in the left-right direction and configured to engage with one of a front-tooth-side fully-latched engagement portion provided on an opening direction side of the striker engagement groove of the latch or a rear-tooth-side fully-latched engagement portion provided on a closing direction side of the striker engagement groove of the latch” and “wherein the housing comprises a body covering portion that covers the body and is configured to be selectively fixed to one of an [[the]] engagement assembly of a front-tooth engagement system in which the ratchet engages with the front-tooth-side fully-latched engagement portion of the latch or [[the]] an engagement assembly of a rear-tooth engagement system in which the ratchet engages with the rear-tooth-side fully-latched engagement portion of the latch”. Appropriate correction or clarification is required.
Claims 2-9 are rejected for their dependence on claim 1.
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Although the references of record show some features similar to those of applicant's device, the prior art fails to teach or make obvious the claimed invention. With regards to claim 1, the components and structure recited in claim 1 are generally found in the prior art of record, including Kajigai (US-11591832-B2) in view of Kouzuma (US-10125524-B2). However, the prior art does not teach a door latch device wherein the ratchet is configured for engagement with one of a front-tooth-side fully-latched engagement portion provided on an opening direction side of the striker engagement groove of the latch or a rear-tooth-side fully-latched engagement portion provided on a closing direction side of the striker engagement groove of the latch”. The prior art similarly does not teach wherein the housing comprises a body covering portion configured to be selectively fixed to one of an engagement assembly of a front-tooth engagement system in which the ratchet engages with the front-tooth-side fully-latched engagement portion of the latch or an engagement assembly of a rear-tooth engagement system in which the ratchet engages with the rear-tooth-side fully-latched engagement portion of the latch”. Therefore, a single housing and actuator assembly capable of accommodating either a front-tooth engagement assembly or a rear-tooth engagement assembly is not taught by the prior art, nor can the Examiner can find teaching or motivation to suggest such a modification to one of ordinary skill in the art without fundamentally altering the principles of operation of the device or otherwise relying upon the benefit of impermissible hindsight reasoning.
Additional Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-11591832-B2: A related vehicle door latch device.
US-11674341-B2: A related vehicle door latch device.
US-12054974-B2: A related vehicle door latch device.
US-10125524-B2: A related vehicle door latch device.
US-11965367-B2: A related vehicle door latch device.
US-11525287-B2: A related vehicle door latch device.
US-11555337-B2: A related vehicle door latch device.
US-11377883-B2: A related vehicle door latch device.
US-11608664-B2: A related vehicle door latch device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Noah Horowitz, whose telephone number is (571)272-5532. The examiner can normally be reached Monday - Friday, 11:00AM - 7:00 PM.
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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.
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/NOAH HOROWITZ/Examiner, Art Unit 3675
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