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 as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “200” on line 8 of paragraph 35. 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. 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.
The drawings are objected to because it is unclear what reference characters 100 and 1000 in figure 1 are underlined. Also see “100” in figure 2. If the applicant is referring to a general structure of the invention, it is suggested the applicant use a lead line with an arrow head at the end thereof to indicate the general structure of the invention.
The lead lines for reference characters 10 and 20 fail to accurately indicate the rod assembly and the door, respectively. It is suggested the applicant extend the lead lines for reference characters 10 and 20 to the rod assembly and the door, or insert arrow heads at the ends of the lead lines for reference characters 10 and 20 in figure 2. Also see the lead lines for reference character 10 in figure 3 and reference characters 30 and 31 in figure 5.
Figure 6 is objected to because the scale of the drawing is too small to see the details of the invention.
Finally, the drawings are objected to because they fail to comply with 37 CFR 1.84(l) since the lines, numbers, and letters are not sufficiently dense and dark, and uniformly thick and well-defined as to give the drawings satisfactory reproduction characteristics.
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.
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Specification
The disclosure is objected to because of the following informalities: “a via” on line 9 of paragraph 57 is confusing since it is unclear what comprises a “via”.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because “a vehicle body” on lines 3-4 brings the clarity of the claim into question because it is unclear whether or not the vehicle body is the body of the vehicle set forth above. It is suggested the applicant change “a vehicle body” on lines 3-4 of claim 1 to --a body of the vehicle-- to avoid confusion.
Appropriate correction is required.
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 2, 5-12, 14, 17-19 are 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.
Recitations such as “an electric supporting rod” on line 2 of claim 2 render the claims indefinite because it is unclear if the applicant is referring to the electric supporting rod set forth above or is attempting to set forth another electric supporting rod in addition to the one set forth above.
Recitations such as “an end of the electric supporting rod” on line 2 of claim 6 render the claims indefinite because it is unclear if the applicant is referring to the second end of the first or second supporting rod or is attempting to set forth another end in addition to the ones set forth above.
Recitations such as “an electric supporting rod first end” on line 3 of claim 7 render the claims indefinite because it is unclear how the electric supporting rod first end differs from the first end of the first and second supporting rod set forth in claim 1.
Recitations such as “a first end of the first inner pipe” on line 8 of claim 7 render the claims indefinite because it is unclear how the first end of the first inner pipe differs from the end of the first inner pipe set forth on line 5 of claim 7.
Recitations such as “a power-off state” on line 13 of claim 7 render the claims indefinite because it is unclear if the applicant is referring to the power-off state set forth above or is attempting to set forth another power-off state in addition to the one set forth above.
Recitations such as “connected to the electric supporting rod second end, and the motor, the coupling, and the partition plate are axially disposed inside the mounting pipe” on lines 5-6 of claim 9 render the claims indefinite because it is unclear what the applicant is attempting to set forth. It is unclear which of the motor and the coupling are connected to the end of the mounting pipe and which of the motor and the coupling are axially disposed inside the mounting pipe.
Recitations such as “a via” on line 5 of claim 10 render the claims indefinite because it is unclear what the applicant is attempting to set forth. What comprises a “via”?
Recitations such as “a pressure cylinder” on line 8 of claim 12 render the claims indefinite because it is unclear if the applicant is referring to the balance rod outer pipe or is attempting to set forth another element of the invention in addition to the balance rod outer pipe.
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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 211473762. CN 211473762 discloses a supporting rod assembly, applicable to a vehicle door 200 of a vehicle 300 (fig. 1), and comprising:
a first supporting rod 5 (fig. 6), a second end (labeled below) of the first supporting rod 5 configured to be hinged to the vehicle door 200, and a first end (labeled below) of the first supporting rod 5 configured to be hinged to a vehicle body 300; and
a second supporting rod 6 (fig. 6), a second end (labeled below) of the second supporting rod 6 configured to be hinged to the vehicle door 200, and a first end (labeled below) of the second supporting rod 6 configured to be hinged to the vehicle body 300,
wherein at least one of the first supporting rod 5 and the second supporting rod is an electric supporting rod (claim 1);
wherein a first one of the first supporting rod 5 and the second supporting rod 6 is an electric supporting rod, and a second one of the first supporting rod 5 and the second supporting rod 6 is a mechanical supporting rod, i.e., a gas spring (claim 2);
wherein the first supporting rod 5 and the second supporting rod 6 are disposed along a longitudinal direction of the vehicle, and a connection line between the first supporting rod 5 and the second supporting rod 6 is configured to be parallel to a longitudinal central plane of the vehicle (claim 3);
wherein the first supporting rod 5 is located on a rear side of the second supporting rod 6 along a front-rear direction of the vehicle as shown in figure 6, and when the vehicle door 200 is in an open state, a height of the first supporting rod 5 is configured to be greater than a height of the second supporting rod 6 since the first supporting rod 5 is longer than the second supporting rod 6 as shown in figure 6 (claim 4);
wherein the first supporting rod 5 is an electric supporting rod, and the second supporting rod 6 is a mechanical supporting rod, i.e., gas spring (claim 5).
Claims 13-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 211473762. CN 211473762 discloses a vehicle door assembly, comprising a vehicle door 200 and a supporting rod assembly 5, 6 (fig. 6), the vehicle door 200 hinged to a vehicle body 300 of a vehicle by a hinged structure 1, and the supporting rod assembly comprising:
a first supporting rod 5, a first end (labeled below) of the first supporting rod configured to be hinged to the vehicle door, and a second end (labeled below) of the first supporting rod configured to be hinged to the vehicle body; and
a second supporting rod 6, a first end (labeled below) of the second supporting rod configured to be hinged to the vehicle door, and a second end (labeled below) of the second supporting rod configured to be hinged to the vehicle body,
wherein at least one of the first supporting rod and the second supporting rod is an electric supporting rod since the first supporting rod is disclosed as being an electric supporting rod (claim 13);
wherein a first one of the first supporting rod 5 and the second supporting rod 6 is an electric supporting rod, and a second one of the first supporting rod 5 and the second supporting rod 6 is a mechanical supporting rod since the second supporting rod 6 is disclosed as a gas spring (claim 14);
wherein the first supporting rod 5 and the second supporting rod 6 are disposed along a longitudinal direction of the vehicle, and a connection line (labeled below) between the first supporting rod and the second supporting rod is configured to be parallel to a longitudinal central plane of the vehicle as shown below (claim 15); wherein the first supporting rod 5 is located on a rear side of the second supporting rod 6, as shown in figure 6, along a front-rear direction of the vehicle, and when the vehicle door is in an open state, as shown in figure 6, a height of the first supporting rod 6 is configured to be greater than a height of the second supporting rod 5 since the first supporting rod has a greater length than the second supporting rod when the door is an the open state as shown in figure 6 (claim 16);
wherein the first supporting rod 5 is an electric supporting rod, and the second supporting rod 6 is a mechanical supporting rod (claim 17).
Claim 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 211473762. CN 211473762 discloses a vehicle 300, comprising a vehicle door assembly 5, 6, 200 (fig. 1), the vehicle door assembly comprising a vehicle door 200 and a supporting rod assembly 5, 6, the vehicle door 200 hinged to a vehicle body 300 by a hinged structure 1, and the supporting rod assembly comprising: a first supporting rod 5, a first end (labeled below) of the first supporting rod configured to be hinged to the vehicle door 200, and a second end (labeled below) of the first supporting rod configured to be hinged to the vehicle body 300; and a second supporting rod 6, a first end (labeled below) of the second supporting rod 6 configured to be hinged to the vehicle door 200, and a second end (labeled below) of the second supporting rod 6 configured to be hinged to the vehicle body 300 ,wherein at least one of the first supporting rod and the second supporting rod is an electric supporting rod since the first supporting rod is disclosed as being an electric supporting rod.
Claim Rejections - 35 USC § 103
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.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over CN 211473762 as applied to claims 1-5 above, and further in view of Scheuring et al. (US 10767412). Scheuring et al. discloses an electric supporting rod 10/200 (figs. 1 and 8) wherein when the electric supporting rod is in a power-off state as set forth on line 48 of column 17, an end 20 of the electric supporting rod 10/200 configured to be hinged to a vehicle door 21 is configured to hover at a position on a stroke (claim 6);
wherein the electric supporting rod 200 comprises a motor 242 (fig. 8ii), a limiting member 900 (fig. 29 and see lines 1-6 of column 23), an outer sleeve 214 (fig. 8i), a first inner pipe 278, an electric supporting rod first end 271, and an electric supporting rod second end 221; the first inner pipe 278 is disposed inside the outer sleeve 214 and is movable along an axial direction of the outer sleeve 214, an end of the first inner pipe extends out of the outer sleeve by a length that is adjustable as shown in figure 8i, and the motor 242 and the limiting member 900 are fixedly disposed inside the outer sleeve 214; the electric supporting rod first end 271 is connected to a first end of the first inner pipe and is configured to be hinged to the vehicle body, and the electric supporting rod second end 271 is connected to an end of the outer sleeve and is configured to be hinged to the vehicle door; an output axis of the motor 242 is in a transmission connection with a second end of the first inner pipe 278 to drive the first inner pipe to move along the axial direction of the outer sleeve; and when the motor is in a power-off state, the limiting member 900 is configured to lock a relative position of the first inner pipe 278 and the outer sleeve 214 for the electric supporting rod second end to hover at the position on the stroke (claim 7);
wherein the electric supporting rod 200 further comprises a coupling 246 and a lead screw 240 (fig. 8ii); the output axis of the motor 242 is in a transmission connection with the lead screw 240 by the coupling 246, and the first inner pipe 278 is sleeved on the lead screw 240 and forms a guide screw-nut mechanism with the lead screw; and when the motor is in the power-off state, the limiting member is configured to limit rotation of the lead screw (claim 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide CN 211473762 with an electric supporting rod, as taught by Scheuring et al. with a reasonable expectation of success to enable the electric supporting rod to hold the door in the open position without the need to power the electric supporting rod.
Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over CN 211473762 as applied to claims 13-17 above, and further in view of Scheuring et al. (US 10767412). Scheuring et al. discloses an electric supporting rod 10/200 (figs. 1 and 8) wherein when the electric supporting rod is in a power-off state as set forth on line 48 of column 17, an end 20 of the electric supporting rod 10/200 configured to be hinged to a vehicle door 21 is configured to hover at a position on a stroke (claim 18);
wherein the electric supporting rod 200 comprises a motor 242 (fig. 8ii), a limiting member 900 (fig. 29 and see lines 1-6 of column 23), an outer sleeve 214 (fig. 8i), a first inner pipe 278, an electric supporting rod first end 271, and an electric supporting rod second end 221; the first inner pipe 278 is disposed inside the outer sleeve 214 and is movable along an axial direction of the outer sleeve 214, an end of the first inner pipe extends out of the outer sleeve by a length that is adjustable as shown in figure 8i, and the motor 242 and the limiting member 900 are fixedly disposed inside the outer sleeve 214; the electric supporting rod first end 271 is connected to a first end of the first inner pipe and is configured to be hinged to the vehicle body, and the electric supporting rod second end 271 is connected to an end of the outer sleeve and is configured to be hinged to the vehicle door; an output axis of the motor 242 is in a transmission connection with a second end of the first inner pipe 278 to drive the first inner pipe to move along the axial direction of the outer sleeve; and when the motor is in a power-off state, the limiting member 900 is configured to lock a relative position of the first inner pipe 278 and the outer sleeve 214 for the electric supporting rod second end to hover at the position on the stroke (claim 19).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide CN 211473762 with an electric supporting rod, as taught by Scheuring et al. with a reasonable expectation of success to enable the electric supporting rod to hold the door in the open position without the need to power the electric supporting rod.
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Allowable Subject Matter
Claims 9-12 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record, absent applicant’s own disclosure, fails to teach the entire combination of elements set forth in the claimed invention. Specifically, the prior art of record fails to teach a supporting rod assembly wherein the electric supporting rod further comprises a mounting pipe, a partition plate, a second inner pipe, and a first spring; the mounting pipe is disposed inside the outer sleeve, an end of the mounting pipe is connected to the electric supporting rod second end, and the motor, the coupling, and the partition plate are axially disposed inside the mounting pipe; the second inner pipe is sleeved on the mounting pipe and is located between the mounting pipe and the outer sleeve, and an end of the second inner pipe away from the motor is connected to the electric supporting rod first end; and the first spring is sleeved on an outer side of the first inner pipe, and a first end of the first spring is connected to the partition plate, and a second end of the first spring is connected to the second inner pipe. See claim 9.
Additionally, the prior art of record, absent applicant’s own disclosure, fails to teach the entire combination of elements set forth in the claimed invention. Specifically, the prior art of record fails to teach a supporting rod assembly wherein the limiting member comprises a cylindrical housing and a plurality of friction plates, the friction plates are stacked on each other inside the cylindrical housing along an axial direction of the cylindrical housing; and the lead screw passes through a via to penetrate the cylindrical housing and the friction plates in the cylindrical housing, an inner wall of the via is frictionally matched with the lead screw, and the friction plates are configured to provide damping that restricts rotation of the lead screw when the motor is in the power-off state. See claim 10.
Finally, the prior art of record, absent applicant’s own disclosure, fails to teach the entire combination of elements set forth in the claimed invention. Specifically, the prior art of record fails to teach a supporting rod assembly wherein the mechanical supporting rod is a balance rod, and comprises a balance rod first end, a balance rod inner pipe, a balance rod outer pipe, a gas spring, a second spring, and a balance rod second end; the balance rod first end is connected to a first end of the balance rod inner pipe and is configured to be hinged to the vehicle body, and the balance rod second end is connected to an end of the balance rod outer pipe and is configured to be hinged to the vehicle door; a pressure cylinder of the gas spring is located inside the balance rod outer pipe and is connected to the balance rod second end, and a piston rod of the gas spring is connected to the balance rod first end; and the second spring is sleeved on an outer side of the gas spring, a first end of the second spring is connected to the pressure cylinder, and a second end of the second spring is connected to the first end of the balance rod inner pipe. See claim 12.
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY J STRIMBU whose telephone number is (571)272-6836. The examiner can normally be reached 8:00-4:30 Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GREGORY J STRIMBU/Primary Examiner, Art Unit 3634