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 § 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) 1-2, 4-7, and 11-12 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by D1 (Spurr, US Pub. 2005-0140147).
For claim 1, D1 discloses, in Figures 1-12, a latch assembly, comprising:
a frame plate (110);
a ratchet (120) rotatably mounted to the frame plate;
a pawl (140) assembly rotatably mounted to the frame plate for holding the ratchet (120) in a primary striker capture position (Figure 1), and for releasing the ratchet to allow the ratchet to rotate toward a striker releasing position (Figure 5) during a non-crash state of the latch assembly; and
a secondary pawl (160) rotatably mounted to the frame plate for holding the ratchet (120) in a secondary striker capture position (Figure 10) during a crash state of the latch assembly (Para. [0034].)
For claim 2, D1 discloses the latch assembly of Claim 1, wherein the pawl assembly has a primary pawl (140) and a rolling member (962) rotatable between the primary pawl and the ratchet (Figure 9.)
For claim 4, D1 discloses the latch assembly of Claim 1, wherein the secondary pawl (160) is configured to hold the ratchet (120) in the secondary striker capture position during the non-crash state of the latch assembly (Figure 1.)
For claim 5, D1 discloses the latch assembly of Claim 4, wherein the secondary pawl (160) is configured to hold the ratchet (120) in the secondary striker capture position after the ratchet has rotated away from the primary striker capture position in response to the pawl assembly releasing the ratchet under a crash opening force applied to the latch assembly (Figure 10.)
For claim 6, D1 discloses the latch assembly of Claim 1, wherein the pawl assembly has a primary pawl (140) pivotably supported for rotation about a primary pawl pivot post (144) for engagement with a closing notch (122) of the ratchet (120) while the ratchet is in the primary striker capture position and the secondary pawl (160) is pivotally supported for rotation about a secondary pawl pivot post (164) spaced from the primary pawl pivot post (144, Figure 1.)
For claim 7. The latch assembly of Claim 6, wherein the secondary pawl (160) has a first arm and a second arm extending outwardly from the secondary pawl pivot post (164) in inclined relation relative to one another (Figure 10), the first arm arranged for engagement with a release lever (1040) and the second arm arranged for engagement with the ratchet (120) during the crash state of the latch assembly (Figure 10.)
For claim 11, D1 discloses the latch assembly of Claim 7, wherein the release lever (1260, 1254) has a first release lever arm (1260) and a second release lever arm (1254) extending away from one another from the primary pawl pivot post (144), the first release lever arm arranged to engage the first arm of the secondary pawl to rotate the secondary pawl about the secondary pawl pivot post during the non-crash state of the latch assembly to allow the ratchet to move to the striker releasing position during the non-crash state and the second release lever arm arranged to engage a pawl pin extending outwardly a primary pawl of the pawl assembly to release the ratchet from the primary striker capture position to allow the ratchet (120) to rotate toward a striker releasing position during the non-crash state of the latch assembly (Figures 10-12.)
For claim 12. The latch assembly of Claim 1, wherein the ratchet (120) has a guide channel (122) configured for receipt of the striker (190) with a first nose located on one side of the guide channel and a second nose located on an opposite side of the guide channel (Portion of the channel 122 on the right and left define the first and second nose. Figure 1), wherein an out-of-plane deformation of the first nose of the ratchet from a plane of a main body of the ratchet, caused by displaced movement of the striker during the crash state of the latch assembly, into alignment with a secondary blocking surface of the secondary pawl (160) provided by a central hub of the secondary pawl centered about a secondary pawl pivot post (164), prevents movement of the ratchet to the striker releasing position (Figures 1.)
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Spurr, US Pub. 2005-0140147) in view of D2 (Mihail, US 6,581,988) and D3 (Woo et al., US Pub. 2018-0274272).
For claim 3. The latch assembly of Claim 2, wherein the rolling member lies within a plane of a main body of the ratchet for engagement with a closing notch (126, 128) of the ratchet (120) while the ratchet is in the primary striker capture position, and the secondary pawl (160) lies within a plane in side-by-side, parallel relation with the plane of the main body of the ratchet, wherein the secondary pawl (160) is configured to engage a ratchet rivet extending laterally outwardly from the main body of the ratchet to hold the ratchet in the secondary striker capture position during the crash state of the latch assembly with the rolling member disengaged from the closing notch.
D2 teaches a latch with roller (rolling member) 48 lies within the main body of the ratchet 38 for safe and proper operation of the latch. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a roller such that the rolling member lies within a plane of a main body of the ratchet for engagement with a closing notch of the ratchet while the ratchet is in the primary striker capture position member, as taught by D2 with a reasonable expectation of success of having a safe and proper operation of the latch.
D3 teaches a latch with ratchet rivet 196 extending outwardly from the main body of the ratchet for safe and secured operation of the latch. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a ratchet rivet 196 extending outwardly from the main body of the ratchet such that the secondary pawl (160) is configured to engage the ratchet rivet extending laterally outwardly from the main body of the ratchet to hold the ratchet in the secondary striker capture position during the crash state of the latch assembly with the rolling member disengaged from the closing notch, as taught by D3 with a reasonable expectation of success of having a safe and secured latch.
Claim(s) 8-10, and 13-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Spurr, US Pub. 2005-0140147) in view of D3 (Woo et al., US Pub. 2018-0274272).
For claim 8, D1 discloses the latch assembly of Claim 7, wherein the ratchet (120) has a ratchet rivet extending laterally outwardly from a main body of the ratchet, the second arm arranged in alignment to engage the ratchet rivet during the crash state of the latch assembly to prevent the ratchet from rotating to the striker releasing position.
D3 teaches a latch with ratchet rivet 196 extending outwardly from the main body of the ratchet for safe and secured operation of the latch. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a ratchet rivet 196 extending outwardly from the main body of the ratchet such that the
the second arm arranged in alignment to engage the ratchet rivet during the crash state of the latch assembly to prevent the ratchet from rotating to the striker releasing position, as taught by D3 with a reasonable expectation of success of having a safe and secured latch.
For claim 9, the combination teaches the latch assembly of Claim 8, wherein the second arm is arranged to pivot out from alignment with the ratchet rivet in response to the release lever driving the first arm and rotating the secondary pawl about the secondary pawl pivot post during the non-crash state of the latch assembly to allow the ratchet to move to the striker releasing position (D1 modified with features of D3 teaches the claimed limitations.)
For claim 10, the combination teaches the latch assembly of Claim 8, wherein the second arm is arranged out from alignment with the closing notch of the ratchet (D1 modified with features of D3 teaches the claimed limitations.)
For claim 13, D1 discloses, in Figures 1-12, a latch assembly, comprising:
a frame plate (110);
a ratchet (120) rotatably mounted to the frame plate, the ratchet having a planar main body defining a guide channel (122) configured for receipt of a striker (190) with a first nose located on one side of the guide channel and a second nose located on an opposite side of the guide channel (portion of 122 on either side of 190 defines the first and second nose.), the second nose having a closing notch (126, 128. Figure 1) and a ratchet rivet extending outwardly from the planar main body;
a pawl (140) assembly rotatably mounted to the frame plate (110) for rotation about a primary pawl pivot post (144) for engaging the closing notch (126, 128) and holding the ratchet (120) in a primary striker capture position (Figure 1, whereat the striker (190) is captured in the guide channel (122) and prevented from being removed from the ratchet, and for moving out of engagement from the closing notch (126, 128) to allow the ratchet to rotate to a striker releasing position (Figure 5), whereat the striker (190) can be removed from the guide channel (122), during a normal release of the pawl assembly from the closing notch of the ratchet (Figure 1); and
a secondary pawl (160) rotatably mounted to the frame plate (110) for rotation about a secondary pawl pivot post (164) for engaging the ratchet rivet and holding the ratchet (120) in a secondary striker capture position, whereat the striker (190) is captured in the guide channel (122) and prevented from being removed from the ratchet (10), during an inadvertent release of the pawl assembly from the closing notch of the ratchet (Figure 10.)
D3 teaches a latch with ratchet rivet 196 extending outwardly from the main body of the ratchet for safe and secured operation of the latch. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a ratchet rivet such that the ratchet rivet extending outwardly from the main body of the ratchet, and secondary pawl for engaging the ratchet rivet and holding the ratchet in a secondary striker capture position, as taught by D3 with a reasonable expectation of success of having a safe and secured latch.
For claim 14. The latch assembly of Claim 13, wherein the secondary pawl (160) has a first arm and a second arm extending outwardly from the secondary pawl pivot post (164) in inclined relation relative to one another (Figure 10), the first arm arranged for engagement with a release lever (1040) and the second arm arranged for engagement with the ratchet rivet during the inadvertent release of the pawl assembly from the closing notch of the ratchet (Figure 10.)
For claim 15, the combination teaches the latch assembly of Claim 14, wherein the second arm is arranged in alignment with the ratchet rivet for engagement with the ratchet rivet absent the first arm being intentionally pivoted by the release lever (D1 modified with D3 teaches the claimed limitations.)
For claim 16, the combination teaches the latch assembly of Claim 14, wherein the second arm is arranged out from alignment with the closing notch (126, 128 of D1) of the ratchet (120 of D1) and wherein the second arm is configured to pivot out from alignment with the ratchet rivet (196 of D3) in response to the release lever driving the first arm and rotating the secondary pawl about the secondary pawl pivot post during the normal release of the pawl assembly from the closing notch of the ratchet to allow the ratchet to move to the striker releasing position (D1 modified with D3 teaches the claimed limitations.)
For claim 17, D1 discloses the latch assembly of Claim 16, wherein the planar main body of the ratchet (120) is arranged to pivot in a first plane and the secondary pawl (160) has a planar main body arranged to pivot in a second plane, the first plane and the second planar being spaced from one another in parallel relation (Figure 10.)
For claim 18, D1 discloses the latch assembly of Claim 17, wherein an out-of-plane deformation of the first nose (126) of the ratchet from the plane of the main body of the ratchet (120), caused by displacement of the striker during a crash state of the latch assembly, into alignment for engagement with a central hub of the secondary pawl centered about the secondary pawl pivot post, prevents movement of the ratchet to the striker releasing position (Figures 10-12.)
For claim 19, D1 discloses the latch assembly of Claim 13, wherein the secondary pawl (160) is configured to hold the ratchet (120) in the secondary striker capture position after the ratchet has rotated away from the primary striker capture position in response to the pawl assembly releasing the ratchet under a crash opening force applied to the latch assembly (Figure 10.)
For claim 20, D1 discloses the latch assembly of Claim 13, wherein the pawl assembly has a roller (962, Figure 9) arranged for rolling engagement with the closing notch of the ratchet while the ratchet is in the primary striker capture position (Figure 1.)
Conclusion
Prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provides example of invention. A few of the prior art cited but not applied includes Noba (US Pub. 2016-0340937); Kachouh (US Pub. 2004-0227358); and Okeke (US 12,152,419).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN CUMAR whose telephone number is (571)270-3112. The examiner can normally be reached Monday thru Friday, 8:00 am to 5:00 pm EST.
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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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/NATHAN CUMAR/Primary Examiner, Art Unit 3675
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