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 .
The following final office action is in response to the reply filed June 18, 2026.
Drawings
The drawing correction filed June 18, 2026 has been approved.
Claim Objections
The claims are objected to because recitations such as “a first one of the first . . . is the electric supporting rod” on lines 1-2 of claim 2 bring the clarity of the claims into question because it is unclear how “a first one” on line 1-2 of claim 2 differs from “at least one of” on line 9 of claim 1. It appears that the applicant is referring to the same selection of the first or second supporting rod in both claims 1 and 2. Accordingly, it is suggested the applicant use consistent language in both claims 1 and 2 to avoid confusion. For example, in claim 2 the applicant could set forth that the other one of the first and second supporting rods is a mechanical supporting rod since at least one of the first and second supporting rods has already been selected to be the electric supporting rod.
Recitations such as “a second end” on line 2 of claim 6 bring the clarity of the claims into question because it is unclear how the second end of the electric supporting rod differs from the second end of first or second supporting rods. Note that one of the first and second supporting rods has been selected to be the electric supporting rod and that the selected first and second supporting rod already has a second end set forth in claim 1.
Recitations such as “a first end and a second end” on lines 3-4 of claim 7 bring the clarity of the claims into question because it is unclear if the applicant is referring to the first and second ends set forth above or is attempting to set forth first and second ends in addition to the ones set forth above. Note that one of the first and second supporting rods has been selected to be the electric supporting rod and that the selected first and second supporting rod already has first and second ends set forth in claim 1. Additionally, the applicant has set forth “a second end of the electric supporting rod” on line 2 of claim 6.
Recitations such as “an output axis of the motor is in transmission connection” on line 13 of claim 7 bring the clarity of the claims into question because it is unclear how an axis can be connected to the second end of the first inner pipe. An axis is merely an imaginary line and would not be able to connect with the second end of the first inner pipe.
Recitations such as “an output axis of the motor is in transmission connection” on line 3 of claim 8 bring the clarity of the claims into question because it is unclear how an axis can be connected to lead screw. An axis is merely an imaginary line and would not be able to connect with the lead screw.
The claims are objected to because recitations such as “a first one of the first . . . is the electric supporting rod” on lines 1-2 of claim 14 bring the clarity of the claims into question because it is unclear how “a first one” on line 1-2 of claim 2 differs from “at least one of” on line 10 of claim 13. It appears that the applicant is referring to the same selection of the first or second supporting rod in both claims 13 and 14. Accordingly, it is suggested the applicant use consistent language in both claims 13 and 14 to avoid confusion. For example, in claim 14 the applicant could set forth that the other one of the first and second supporting rods is a mechanical supporting rod since at least one of the first and second supporting rods has already been selected to be the electric supporting rod.
Recitations such as “a second end” on line 2 of claim 18 bring the clarity of the claims into question because it is unclear how the second end of the electric supporting rod differs from the second end of first or second supporting rods. Note that one of the first and second supporting rods has been selected to be the electric supporting rod and that the selected first and second supporting rod already has a second end set forth in claim 13.
Recitations such as “the first end and the second end” on lines 3-4 of claim 19 render the claims indefinite because it is unclear to which ones of the plurality of first and second ends set forth above the applicant is referring.
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 7-12 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 “the power-off state” on line 15 of claim 7 render the claims indefinite because they lack antecedent basis. Note that the power-off state has been defined only for the electric supporting rod rather than for the motor.
Recitations such as “a balance rod first end” on line 2 of claim 12 render the claims indefinite because it is unclear if the applicant is referring to the first end of one of the first and second supporting rods or is attempting to set forth another first end in addition to the ones set forth above. Note that the first and second supporting rods have first ends set forth in claim 1 and since one of the first and second supporting rods is the balance rod, it is unclear if the first end of the one of the first and second supporting rods is the same as the first end of the balance rod.
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 body of the vehicle 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 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 the 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 the electric supporting rod, and the second supporting rod 6 is a mechanical supporting rod, i.e., gas spring (claim 5).
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, a second 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, a first end 271 (fig. 8i) and a second end 221 (fig. 8ii); the first inner pipe 278 is disposed inside the outer sleeve 214 and is movable along an axial direction of the outer sleeve 214, a first end of the first inner pipe 278 extends out of the outer sleeve 214 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 first end 271 of the electric supporting rod is connected to the first end of the first inner pipe 278 and is configured to be hinged to the body, and the second end 221 of the electric supporting rod is connected to an end of the outer sleeve 214 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 the 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 second end of the electric supporting rod 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 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over CN 211473762 in view of Leonard et al. (US 2016/0069117).
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 (fig. 1) hinged to a body 300 (fig. 1) of a vehicle by a hinged structure 1, and the supporting rod assembly 5, 6 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 the 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 configured to be hinged to the body 300,
wherein at least one of the first supporting rod and the second supporting rod 5 is an electric supporting rod (note that the second supporting rod is disclosed as being an electric supporting rod).
CN 211473762 is silent concerning the electric supporting rod comprising a lead screw and friction plates.
However, Leonard et al. discloses an electric supporting rod 37 (fig. 13) comprises a lead screw 140 (fig. 20) and a plurality of friction plates 72, 74, 76 (fig. 20) stacked on each other, the friction plates 72, 74, 76 being configured to provide damping that restricts rotation of the lead screw 140 when a motor 142 (fig. 14a) of the electric supporting rod 37 is in a power-off state. Note that the plurality of friction plates 72, 74, 76 function whether or not a motor assembly is present as set forth on lines 6-8 of paragraph 101. Accordingly, the friction plates would provide damping that restricts rotation of the lead screw 140 when the motor 142 is in power off state.
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 Leonard 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.
With respect to claim 14, a first one 5 of the first supporting rod and the second supporting rod is the electric supporting rod, and a second one 6 of the first supporting rod and the second supporting rod is a mechanical supporting rod.
With respect to claim 15, the first supporting rod 5 and the second supporting rod 6 are disposed along a longitudinal direction of the vehicle (labeled below), and a connection line (labeled below) 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.
With respect to claim 16, 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, and when the vehicle door 200 is in an open state as shown in figure 6, a height of the first supporting rod 5 is configured to be greater than a height of the second supporting rod 6.
With respect to claim 17, the first supporting rod 5 is the electric supporting rod, and the second supporting rod 6 is a mechanical supporting rod.
With respect to claim 18, when the electric supporting rod 5, as modified by Leonard et al., is in the power-off state, a second end (labeled below) of the electric supporting rod 5 configured to be hinged to the vehicle door 200 is configured to hover at a position on a stroke via the friction plates 72, 74, 76 of Leonard et al.
With respect to claim 19, the electric supporting rod 5, as modified above by Leonard et al., comprises the motor 142 (fig. 14a of Leonard et al.), a limiting member 45 (fig. 20 of Leonard et al.), an outer sleeve 40 (fig. 14a of Leonard et al.), a first inner pipe (labeled below in figure 14b of Leonard et al.), the first end and the second end (labeled below in figure 6 of CN211473762); the first inner pipe is disposed inside the outer sleeve 40 and is movable along an axial direction of the outer sleeve, a first end (labeled below) of the first inner pipe extends out of the outer sleeve by a length that is adjustable, and the motor 142 and the limiting member 45 are fixedly disposed inside the outer sleeve 40 (note that the limiting member is axially fixed relative to the lead screw 140 and therefor is fixedly disposed inside the outer sleeve 40); the first end of the electric supporting rod (labeled below in figure 6 of CN211473762) is connected to the first end of the first inner pipe (labeled below in figure 14b of Leonard et al.) and is configured to be hinged to the body, and the second end of the electric supporting rod (labeled below in figure 6 of CN211473762) is connected to an end of the outer sleeve 40 (labeled below in figure 14b of Leonard et al.) and is configured to be hinged to the vehicle door; an output axis of the motor 142 is in a transmission connection with a second end of the first inner pipe (labeled below in figure 14b of Leonard et al.) to drive the first inner pipe to move along the axial direction of the outer sleeve; and the limiting member 45 is configured to lock a relative position of the first inner pipe and the outer sleeve 40 when the motor is in the power-off state for the second end of the electric supporting rod to hover at the position on the stroke.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over CN 211473762 in view of Koestler et al. (US 8474568). CN 211473762 discloses a vehicle 300 (fig. 1), comprising a vehicle door assembly 200 (fig. 1), the vehicle door assembly 100, 200 comprising a vehicle door 200 and a supporting rod assembly 100, the vehicle door 200 hinged to a body of the vehicle 300 by a hinged structure 2, 3, 4 (fig. 3), and the supporting rod assembly comprising 100:
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 the 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 body 300,
wherein at least one of the first supporting rod 5 and the second supporting rod is an electric supporting rod, and wherein the other of the first supporting rod and the second supporting rod 6 is a mechanical supporting rod comprising a gas spring.
CN 211473762 is silent concerning a second spring sleeved on an outer side of the gas spring.
However, Koestler et al. discloses a mechanical supporting rod comprising a gas spring 1 (fig. 1) wherein a second spring 2 (fig. 1) sleeved on an outer side of the gas spring 1.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide the gas spring of CN 211473762 with an additional second spring, as taught by Koestler et al., with a reasonable expectation of success to enable the door 200 to absorb impacts without having to overcome the force needed to compress the gas spring.
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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.
Response to Arguments
Applicant's arguments filed June 18, 2026 have been fully considered but they are not persuasive.
The applicant argues that CN 211473762 (hereinafter Zhang) fails to disclose a second end of the second supporting rod being configured to be hinged to the vehicle door and a first end of the second supporting rod being configured to be hinged to the body. This is not found to be persuasive. The applicant has used the language “configured to” which only requires the ends of the second supporting rod to be able to be hinged to the door and the body. Clearly, the second end of the second supporting rod 6 is capable of being hinged to the door 200 and the first end of the second supporting rod is capable of being hinged to the body. Moreover, not only does Zhang disclose that the ends of the second supporting rod are able to be hinged to the door and body, Zhang discloses that the ends of the second supporting rod actually are hinged to the door and the body. When comparing figures 5 and 6 of Zhang the ends of the second supporting rod 6 pivot relative to the vehicle body 300 and to the door 200 as the door moves from the closed position in figure 5 to the open position in figure 6. If the ends of the second supporting rod were not able to pivot relative to the door and body, the door 200 would not be able to move between opened and closed positions. Accordingly, the ends of the second supporting rod 6 are actually hinged to the vehicle door and the body.
Second, the applicant argues that since Zhang discloses that the end of the gas spring 6 is adapted to press against the body, said end of the gas spring is not hinged to the body. This is not found to be persuasive because pressing against the body does not per se exclude the presence of a hinged connection. The end of the gas spring can press against the body while also being hinged to the body. This is analogous to a piston in an internal combustion engine. The piston presses against the corresponding connecting rod while also being hinged to the corresponding connecting rod. This interpretation of the phrase “adapted to press against” agrees with the pivoting movement of the second gas spring 6 relative to the door 200 and body 300 as shown in figures 5 and 6.
Next, the applicant argues that the second end of the second supporting rod is connected to the hinge mechanism and not to the door 200. This is not found to be persuasive because the term “hinged to” does not require the second end of the second supporting rod be directly hinged to the door 200. Accordingly, the presence of intermediate elements between the second end of the second supporting rod and the door does not prevent the second end of the second supporting rod from being hinged to the door. Since the second end of the second supporting rod is pivotally connected to the door 200, the second end of the second supporting rod is hinged to the door.
Finally, the applicant argues that Zhang fails to disclose a height of the first supporting rod being greater than a height of the second supporting rod when the vehicle door is open. This is not found to be persuasive because the height of the first rod 5, as measured from the ends of the first rod, is clearly greater than the height of the second rod 6, as measured from the ends of the second rod, as shown in figure 6. The applicant also argues that the positioning of the elements in figure 6 fails to correspond to the door 200 being in an open position. This is not found to be persuasive because the positioning of the elements shown in figure 6 corresponds to the positioning of said elements as shown in figure 1 which is clearly the open position of the door 200. The applicant argues that Zhang discloses that figure 6 is merely “another state” of the door and does not show the door in an open position. This is not persuasive for the reasons set forth above in addition to the fact that “another state” of the door corresponds to an open position of the door. If the door is not in a closed state in figure 6, what other state could the door be in but for an open state of the door?
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
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