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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 and 14-19 of U.S. Patent No. 12,345,076. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent recite species of the generic category recited in the instant application The following tables show a detailed comparison of each limitation between the present claims and claims in the patent (additional limitations indicated by underline).
Claim 1 of the instant application is patentably indistinct from claim 1 of the patent because claim 1 of the application is generic to all that is recited in claim 1 of the patent. The patent claim falls entirely within the scope of the current application claim.
Claim 1 in application 19/237674
Claim 1 in patent US 12345076 B2
An electronic latch comprising:
An electronic latch comprising:
a motor having an output shaft;
a motor having an output shaft;
a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor;
a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor;
a rack coupled to the gear arrangement and configured to move in response to motion of the gear arrangement; and
a rack coupled to the gear arrangement and configured to move in response to motion of the gear arrangement;
at least one pawl or pawl connector that is connected to the rack such that motion of the rack causes the at least one pawl or pawl connector to move to (i) a withdrawn position from (ii) a deployed position in which the pawl or pawl connector is extended further from the housing as compared with the withdrawn position.
at least one pawl or pawl connector that is connected to the rack such that motion of the rack causes the at least one pawl or pawl connector to move to (i) a withdrawn position from (ii) a deployed position in which the pawl or pawl connector is extended further from the housing as compared with the withdrawn position.
wherein the at least one gear comprises two cam lobes that are configured to sequentially engage two separate cam followers on the rack, such that only one pair of the cam lobe and the cam follower is in contact relative to each other at a time; and
wherein interaction between one of the two cam lobes with one of the two cam followers permits the pawl or pawl connector to move toward the deployed position in a controlled manner, and interaction between the other of the two cam lobes with the other of the two cam followers causes the pawl or pawl connector to move toward the withdrawn position.
Claim 1 of the instant application is patentably indistinct from claim 19 of the patent because claim 1 of the application is generic to all that is recited in claim 19 of the patent. The patent claim falls entirely within the scope of the current application claim.
Claim 1 in application 19/237674
Claim 19 in patent US 12345076 B2
An electronic latch comprising:
An electronic latch comprising:
a motor having an output shaft;
a motor having an output shaft;
a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor;
a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor;
a rack coupled to the gear arrangement and configured to move in response to motion of the gear arrangement; and
a rack coupled to the gear arrangement and configured to move in response to motion of the gear arrangement;
at least one pawl or pawl connector that is connected to the rack such that motion of the rack causes the at least one pawl or pawl connector to move to (i) a withdrawn position from (ii) a deployed position in which the pawl or pawl connector is extended further from the housing as compared with the withdrawn position.
at least one pawl or pawl connector that is connected to the rack such that motion of the rack causes the at least one pawl or pawl connector to move to (i) a withdrawn position from (ii) a deployed position in which the pawl or pawl connector is extended further from the housing as compared with the withdrawn position
wherein the at least one gear comprises two cam lobes that are configured to engage two separate cam followers on the rack, such that only one pair of the cam lobe and the cam follower is in contact relative to each other at a time;
wherein interaction between one of the two cam lobes with one of the two cam followers permits the pawl or pawl connector to move toward the deployed position in a controlled manner, and interaction between the other of the two cam lobes with the other of the two cam followers causes the pawl or pawl connector to move toward the withdrawn position;
and wherein the cam followers each comprises an elongated U-shaped curved surface.
Claim 2 of the instant application is patentably indistinct from claim 2 of the patent because claim 2 of the application is generic to all that is recited in claim 2 of the patent. The patent claim falls entirely within the scope of the current application claim.
Claim 2 in application 19/237674
Claim 2 in patent US 12345076 B2
The electronic latch of claim 1, (see above)
The electronic latch of claim 1, (see above)
wherein the rack is configured to translate in response to rotation of the output shaft of the motor.
The electronic latch of claim 1, wherein the rack is configured to translate in response to rotation of the output shaft of the motor.
Claim 3 of the instant application is patentably indistinct from claim 3 of the patent because claim 3 of the application is generic to all that is recited in claim 3 of the patent. The patent claim falls entirely within the scope of the current application claim.
Claim 3 in application 19/237674
Claim 3 in patent US 12345076 B2
The electronic latch of claim 1, (see above)
The electronic latch of claim 1, (see above)
wherein the housing accommodates the motor and the gear arrangement.
wherein the housing accommodates the motor and the gear arrangement.
Claim 4 of the instant application is patentably indistinct from claim 4 of the patent because claim 4 of the application is generic to all that is recited in claim 4 of the patent. The patent claim falls entirely within the scope of the current application claim.
Claim 4 in application 19/237674
Claim 4 in patent US 12345076 B2
The electronic latch of claim 1, (see above)
The electronic latch of claim 1, (see above)
further comprising two pawl or pawl connectors that are each connected to the rack such that motion of the rack causes each pawl or pawl connector to move between the deployed and withdrawn positions.
further comprising two pawls or pawl connectors that are each connected to the rack such that motion of the rack causes each pawl or pawl connector to move between the deployed and withdrawn positions.
Claim 5 of the instant application is patentably indistinct from claim 5 of the patent because claim 5 of the application is generic to all that is recited in claim 5 of the patent. The patent claim falls entirely within the scope of the current application claim.
Claim 5 in application 19/237674
Claim 5 in patent US 12345076 B2
The electronic latch of claim 1, (see above)
The electronic latch of claim 1, (see above)
further comprising a pawl connected to the pawl connector, wherein, in the deployed position, the pawl is configured to engage a striker.
further comprising a pawl connected to the pawl connector, wherein, in the deployed position, the pawl is configured to engage a striker.
Claim 6 of the instant application is patentably indistinct from claim 1 of the patent because claim 6 of the application is generic to all that is recited in claim 1 of the patent. The patent claim falls entirely within the scope of the current application claim.
Claim 6 in application 19/237674
Claim 1 in patent US 12345076 B2
Claim 1 (see above)
An electronic latch comprising:
Claim 1 (see above)
a motor having an output shaft;
Claim 1 (see above)
a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor;
Claim 1 (see above)
a rack coupled to the gear arrangement and configured to move in response to motion of the gear arrangement;
Claim 1 (see above)
at least one pawl or pawl connector that is connected to the rack such that motion of the rack causes the at least one pawl or pawl connector to move to (i) a withdrawn position from (ii) a deployed position in which the pawl or pawl connector is extended further from the housing as compared with the withdrawn position.
Claim 6:
The electronic latch of claim 1, wherein the at least one gear comprises a cam lobe that is configured to engage a cam follower on the rack
wherein the at least one gear comprises two cam lobes that are configured to sequentially engage two separate cam followers on the rack, such that only one pair of the cam lobe and the cam follower is in contact relative to each other at a time; and
wherein interaction between one of the two cam lobes with one of the two cam followers permits the pawl or pawl connector to move toward the deployed position in a controlled manner, and interaction between the other of the two cam lobes with the other of the two cam followers causes the pawl or pawl connector to move toward the withdrawn position.
Claim 6 of the instant application is patentably indistinct from claim 19 of the patent because claim 6 of the application is generic to all that is recited in claim 19 of the patent. The patent claim falls entirely within the scope of the current application claim.
Claim 6 in application 19/237674
Claim 19 in patent US 12345076 B2
Claim 1 (see above)
An electronic latch comprising:
Claim 1 (see above)
a motor having an output shaft;
Claim 1 (see above)
a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor;
Claim 1 (see above)
a rack coupled to the gear arrangement and configured to move in response to motion of the gear arrangement;
Claim 1 (see above)
at least one pawl or pawl connector that is connected to the rack such that motion of the rack causes the at least one pawl or pawl connector to move to (i) a withdrawn position from (ii) a deployed position in which the pawl or pawl connector is extended further from the housing as compared with the withdrawn position.
Claim 6:
The electronic latch of claim 1, wherein the at least one gear comprises a cam lobe that is configured to engage a cam follower on the rack
wherein the at least one gear comprises two cam lobes that are configured to engage two separate cam followers on the rack, such that only one pair of the cam lobe and the cam follower is in contact relative to each other at a time;
wherein interaction between one of the two cam lobes with one of the two cam followers permits the pawl or pawl connector to move toward the deployed position in a controlled manner, and interaction between the other of the two cam lobes with the other of the two cam followers causes the pawl or pawl connector to move toward the withdrawn position;
and wherein the cam followers each comprises an elongated U-shaped curved surface.
Claim 7 of the instant application is patentably indistinct from claim 1 of the patent because claim 7 of the application is generic to all that is recited in claim 1 of the patent. The patent claim falls entirely within the scope of the current application claim.
Claim 7 in application 19/237674
Claim 1 in patent US 12345076 B2
Claim 1 (see above)
An electronic latch comprising:
Claim 1 (see above)
a motor having an output shaft;
Claim 1 (see above)
a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor;
Claim 1 (see above)
a rack coupled to the gear arrangement and configured to move in response to motion of the gear arrangement;
Claim 1 (see above)
at least one pawl or pawl connector that is connected to the rack such that motion of the rack causes the at least one pawl or pawl connector to move to (i) a withdrawn position from (ii) a deployed position in which the pawl or pawl connector is extended further from the housing as compared with the withdrawn position.
Claim 7:
The electronic latch of claim 6,
wherein the at least one gear comprises two cam lobes that are configured to engage two separate cam followers on the rack.
wherein the at least one gear comprises two cam lobes that are configured to sequentially engage two separate cam followers on the rack, such that only one pair of the cam lobe and the cam follower is in contact relative to each other at a time; and
wherein interaction between one of the two cam lobes with one of the two cam followers permits the pawl or pawl connector to move toward the deployed position in a controlled manner, and interaction between the other of the two cam lobes with the other of the two cam followers causes the pawl or pawl connector to move toward the withdrawn position.
Claim 7 of the instant application is patentably indistinct from claim 19 of the patent because claim 7 of the application is generic to all that is recited in claim 19 of the patent. The patent claim falls entirely within the scope of the current application claim.
Claim 7 in application 19/237674
Claim 19 in patent US 12345076 B2
Claim 1 (see above)
An electronic latch comprising:
Claim 1 (see above)
a motor having an output shaft;
Claim 1 (see above)
a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor;
Claim 1 (see above)
a rack coupled to the gear arrangement and configured to move in response to motion of the gear arrangement;
Claim 1 (see above)
at least one pawl or pawl connector that is connected to the rack such that motion of the rack causes the at least one pawl or pawl connector to move to (i) a withdrawn position from (ii) a deployed position in which the pawl or pawl connector is extended further from the housing as compared with the withdrawn position.
Claim 7:
The electronic latch of claim 6 (The electronic latch of claim 1, wherein the at least one gear comprises a cam lobe that is configured to engage a cam follower on the rack),
wherein the at least one gear comprises two cam lobes that are configured to engage two separate cam followers on the rack.
wherein the at least one gear comprises two cam lobes that are configured to engage two separate cam followers on the rack, such that only one pair of the cam lobe and the cam follower is in contact relative to each other at a time;
wherein interaction between one of the two cam lobes with one of the two cam followers permits the pawl or pawl connector to move toward the deployed position in a controlled manner, and interaction between the other of the two cam lobes with the other of the two cam followers causes the pawl or pawl connector to move toward the withdrawn position;
and wherein the cam followers each comprises an elongated U-shaped curved surface.
Claim 8 of the instant application is patentably indistinct from claim 6 of the patent because claim 8 of the application is generic to all that is recited in claim 6 of the patent. The patent claim falls entirely within the scope of the current application claim.
Claim 8 in application 19/237674
Claim 6 in patent US 12345076 B2
The electronic latch of claim 7, (see above)
The electronic latch of claim 7, (see above)
wherein the cam lobes are configured to engage the separate cam followers on the rack in a sequential manner.
wherein the two cam lobes are configured to engage two separate cam followers on the rack in a sequential manner.
Claim 9 of the instant application is patentably indistinct from claim 7 of the patent because claim 9 of the application is generic to all that is recited in claim 7 of the patent. The patent claim falls entirely within the scope of the current application claim.
Claim 9 in application 19/237674
Claim 7 in patent US 12345076 B2
The electronic latch of claim 7, (see above)
The electronic latch of claim 1, (see above)
wherein a geometry of an outer perimeter of the cam lobes is different.
wherein a geometry of an outer perimeter of each cam lobe is different.
Claim 10 of the instant application is patentably indistinct from claim 1 of the patent because claim 10 of the application is generic to all that is recited in claim 1 of the patent. The patent claim falls entirely within the scope of the current application claim.
Claim 10 in application 19/237674
Claim 1 in patent US 12345076 B2
Claim 1 (see above)
An electronic latch comprising:
Claim 1 (see above)
a motor having an output shaft;
Claim 1 (see above)
a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor;
Claim 1 (see above)
a rack coupled to the gear arrangement and configured to move in response to motion of the gear arrangement;
Claim 1 (see above)
at least one pawl or pawl connector that is connected to the rack such that motion of the rack causes the at least one pawl or pawl connector to move to (i) a withdrawn position from (ii) a deployed position in which the pawl or pawl connector is extended further from the housing as compared with the withdrawn position
Claim 7 (see above)
wherein the at least one gear comprises two cam lobes that are configured to sequentially engage two separate cam followers on the rack, such that only one pair of the cam lobe and the cam follower is in contact relative to each other at a time; and
Claim 10:
The electronic latch of claim 7,
wherein interaction between one of the two cam lobes with one of the two cam followers permits the pawl or pawl connector to move toward the deployed position in a controlled manner, and interaction between the other of the two cam lobes with the other of the two cam followers causes the pawl or pawl connector to move toward the withdrawn position.
wherein interaction between one of the two cam lobes with one of the two cam followers permits the pawl or pawl connector to move toward the deployed position in a controlled manner, and interaction between the other of the two cam lobes with the other of the two cam followers causes the pawl or pawl connector to move toward the withdrawn position.
Claim 10 of the instant application is patentably indistinct from claim 19 of the patent because claim 10 of the application is generic to all that is recited in claim 19 of the patent. That is, the patent claim is a species of the generic category recited in the application claim, and the patent claim falls entirely within the scope of the application claim.
Claim 10 in application 19/237674
Claim 19 in patent US 12345076 B2
Claim 1 (see above)
An electronic latch comprising:
Claim 1 (see above)
a motor having an output shaft;
Claim 1 (see above)
a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor;
Claim 1 (see above)
a rack coupled to the gear arrangement and configured to move in response to motion of the gear arrangement;
Claim 1 (see above)
at least one pawl or pawl connector that is connected to the rack such that motion of the rack causes the at least one pawl or pawl connector to move to (i) a withdrawn position from (ii) a deployed position in which the pawl or pawl connector is extended further from the housing as compared with the withdrawn position.
Claim 7 (see above)
wherein the at least one gear comprises two cam lobes that are configured to engage two separate cam followers on the rack, such that only one pair of the cam lobe and the cam follower is in contact relative to each other at a time;
Claim 10:
The electronic latch of claim 7, wherein interaction between one of the two cam lobes with one of the two cam followers permits the pawl or pawl connector to move toward the deployed position in a controlled manner, and interaction between the other of the two cam lobes with the other of the two cam followers causes the pawl or pawl connector to move toward the withdrawn position
wherein interaction between one of the two cam lobes with one of the two cam followers permits the pawl or pawl connector to move toward the deployed position in a controlled manner, and interaction between the other of the two cam lobes with the other of the two cam followers causes the pawl or pawl connector to move toward the withdrawn position;
and wherein the cam followers each comprises an elongated U-shaped curved surface.
Claim 11 of the instant application is patentably indistinct from claim 8 of the patent because claim 11 of the application is generic to all that is recited in claim 8 of the patent. That is, the patent claim is a species of the generic category recited in the application claim, and the patent claim falls entirely within the scope of the application claim.
Claim 11 in application 19/237674
Claim 8 in patent US 12345076 B2
The electronic latch of claim 1 (see above)
The electronic latch of claim 1 (see above)
further comprising an indexing means on the gear that is configured to engage a sensor for sensing motion of the gear.
further comprising an indexing means on the gear that is configured to engage a sensor for sensing motion of the gear.
Claim 12 of the instant application is patentably indistinct from claim 9 of the patent because claim 12 of the application is generic to all that is recited in claim 9 of the patent. That is, the patent claim is a species of the generic category recited in the application claim, and the patent claim falls entirely within the scope of the application claim.
Claim 12 in application 19/237674
Claim 9 in patent US 12345076 B2
A motor vehicle glove box comprising
A motor vehicle glove box comprising
The electronic latch of claim 1 (see above)
The electronic latch of claim 1 (see above)
Claim 13 of the instant application is patentably indistinct from claim 14 of the patent because claim 13 of the application is generic to all that is recited in claim 14 of the patent. That is, the patent claim is a species of the generic category recited in the application claim, and the patent claim falls entirely within the scope of the application claim.
Claim 13 in application 19/237674
Claim 14 in patent US 12345076 B2
An electronic latch comprising:
An electronic latch comprising:
a motor having an output shaft;
a motor having an output shaft;
a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor;
a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor;
the at least one gear comprising a cam lobe that is configured to engage a cam follower on a rack, thereby causing motion of the rack,
the at least one gear comprising two cam lobes that are configured to sequentially engage two separate cam followers on a rack, such that only one pair of the cam lobe and the cam follower is in contact relative to each other at a time, thereby causing motion of the rack,
and wherein motion of the rack causes a pawl to move to (i) a withdrawn position from (ii) a deployed position in which the pawl is extended further from the housing as compared with the withdrawn position.
and wherein motion of the rack causes a pawl to move to (i) a withdrawn position from (ii) a deployed position in which the pawl is extended further from the housing as compared with the withdrawn position;
and wherein interaction between one of the two cam lobes with one of the two cam followers permits the pawl to move toward the deployed position in a controlled manner, and interaction between the other of the two cam lobes with the other of the two cam followers causes the pawl to move toward the withdrawn position.
Claim 14 of the instant application is patentably indistinct from claim 14 of the patent because claim 14 of the application is generic to all that is recited in claim 14 of the patent. That is, the patent claim is a species of the generic category recited in the application claim, and the patent claim falls entirely within the scope of the application claim.
Claim 14 in application 19/237674
Claim 14 in patent US 12345076 B2
Claim 13 (see above)
An electronic latch comprising:
Claim 13 (see above)
a motor having an output shaft;
Claim 13 (see above)
a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor;
Claim 14:
The electronic latch of claim 13, wherein the at least one gear comprises two cam lobes that are configured to engage two separate cam followers on the rack.
the at least one gear comprising two cam lobes that are configured to sequentially engage two separate cam followers on a rack, such that only one pair of the cam lobe and the cam follower is in contact relative to each other at a time,
Claim 13 (see above)
thereby causing motion of the rack
Claim 13 (see above)
and wherein motion of the rack causes a pawl to move to (i) a withdrawn position from (ii) a deployed position in which the pawl is extended further from the housing as compared with the withdrawn position;
and wherein interaction between one of the two cam lobes with one of the two cam followers permits the pawl to move toward the deployed position in a controlled manner, and interaction between the other of the two cam lobes with the other of the two cam followers causes the pawl to move toward the withdrawn position.
Claim 15 of the instant application is patentably indistinct from claim 14 of the patent because claim 15 of the application is generic to all that is recited in claim 14 of the patent. That is, the patent claim is a species of the generic category recited in the application claim, and the patent claim falls entirely within the scope of the application claim.
Claim 15 in application 19/237674
Claim 14 in patent US 12345076 B2
Claim 13 (see above)
An electronic latch comprising:
Claim 13 (see above)
a motor having an output shaft;
Claim 13 (see above)
a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor;
Claim 14 (see above)
the at least one gear comprising two cam lobes that are configured to sequentially engage two separate cam followers on a rack,
Claim 15:
The electronic latch of claim 14, wherein the two cam lobes are configured to engage the two separate cam followers on the rack in a sequential manner.
such that only one pair of the cam lobe and the cam follower is in contact relative to each other at a time,
Claim 13 (see above)
thereby causing motion of the rack
Claim 13 (see above)
and wherein motion of the rack causes a pawl to move to (i) a withdrawn position from (ii) a deployed position in which the pawl is extended further from the housing as compared with the withdrawn position;
and wherein interaction between one of the two cam lobes with one of the two cam followers permits the pawl to move toward the deployed position in a controlled manner, and interaction between the other of the two cam lobes with the other of the two cam followers causes the pawl to move toward the withdrawn position.
Claim 16 of the instant application is patentably indistinct from claim 15 of the patent because claim 16 of the application is generic to all that is recited in claim 15 of the patent. That is, the patent claim is a species of the generic category recited in the application claim, and the patent claim falls entirely within the scope of the application claim.
Claim 16 in application 19/237674
Claim 15 in US 12345076 B2
The electronic latch of claim 14, (see above)
The electronic latch of claim 14, (see above)
wherein a geometry of an outer perimeter of the cam lobes is different.
wherein a geometry of an outer perimeter of the cam lobes is different.
Claim 17 of the instant application is patentably indistinct from claim 16 of the patent because claim 17 of the application is generic to all that is recited in claim 16 of the patent. That is, the patent claim is a species of the generic category recited in the application claim, and the patent claim falls entirely within the scope of the application claim.
Claim 17 in application 19/237674
Claim 16 in patent US 12345076 B2
The electronic latch of claim 14, (see above)
The electronic latch of claim 14 (see above)
further comprising an indexing means on the gear that is configured to engage a sensor for sensing motion of the gear.
further comprising an indexing means on the gear that is configured to engage a sensor for sensing motion of the gear.
Claim 18 of the instant application is patentably indistinct from claim 14 of the patent because claim 18 of the application is generic to all that is recited in claim 14 of the patent. That is, the patent claim is a species of the generic category recited in the application claim, and the patent claim falls entirely within the scope of the application claim.
Claim 18 in application 19/237674
Claim 14 in patent US 12345076 B2
Claim 13 (see above)
An electronic latch comprising:
Claim 13 (see above)
a motor having an output shaft;
Claim 13 (see above)
a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor;
Claim 14 (see above)
the at least one gear comprising two cam lobes that are configured to sequentially engage two separate cam followers on a rack,
such that only one pair of the cam lobe and the cam follower is in contact relative to each other at a time,
Claim 13 (see above)
and wherein motion of the rack causes a pawl to move to (i) a withdrawn position from (ii) a deployed position in which the pawl is extended further from the housing as compared with the withdrawn position;
Claim 18:
The electronic latch of claim 14, wherein interaction between one of the two cam lobes with one of the two cam followers permits the pawl to move toward the deployed position in a controlled manner, and interaction between the other of the two cam lobes with the other of the two cam followers causes the pawl to move toward the withdrawn position.
and wherein interaction between one of the two cam lobes with one of the two cam followers permits the pawl to move toward the deployed position in a controlled manner, and interaction between the other of the two cam lobes with the other of the two cam followers causes the pawl to move toward the withdrawn position.
Claim 19 of the instant application is patentably indistinct from claim 17 of the patent because claim 19 of the application is generic to all that is recited in claim 17 of the patent. That is, the patent claim is a species of the generic category recited in the application claim, and the patent claim falls entirely within the scope of the application claim.
Claim 19 in application 19/237674
Claim 17 in patent US 12345076 B2
In an electronic latch including a motor, a gear configured to be driven by an output shaft of the motor, a rack coupled to the gear, and at least one pawl that is connected to the rack,
In an electronic latch including a motor, a gear configured to be driven by an output shaft of the motor, a rack coupled to the gear, and at least one pawl that is connected to the rack,
a method of operating the electronic latch comprises:
engaging a first cam lobe on the gear with a first cam follower on the rack to move the rack in a first direction,
a method of operating the electronic latch comprises: engaging a first cam lobe on the gear with a first cam follower on the rack to move the rack in a first direction,
which causes the at least one pawl to move toward a withdrawn position with respect to a striker; and
which causes the at least one pawl to move toward a withdrawn position with respect to a striker;
engaging a second cam lobe on the gear with a second cam follower on the rack to permit movement of the rack in a second direction,
and after engaging the first cam lobe on the gear with the first cam follower, engaging a second cam lobe on the gear with a second cam follower on the rack to permit movement of the rack in a second direction,
which permits the at least one pawl to move toward a deployed position with respect to the striker.
which permits the at least one pawl to move toward a deployed position with respect to the striker;.
wherein such that only one pair of the first cam lobe or the second cam lobe is in contact with the first cam follower or the second cam follower at a time
Claim 20 of the instant application is patentably indistinct from claim 18 of the patent because claim 20 of the application is generic to all that is recited in claim 18 of the patent. That is, the patent claim is a species of the generic category recited in the application claim, and the patent claim falls entirely within the scope of the application claim.
Claim 20 in application 19/237674
Claim 18 in patent US 12345076 B2
The electronic latch of claim 19, (see above)
The electronic latch of claim 17, (see above)
wherein the engaging steps are sequential.
wherein the engaging steps are sequential.
Claim Objections
Claims 4, 7, 9, and 14 are objected to because of the following informalities:
in line 1 of claim 4, “two pawl” should likely be --two pawls--
in lines 1-2 of claim 7, “two cam lobes” should likely be --a second cam lobe-- for clarity because claim 6 already recites “a cam lobe,” if Applicant intends to require a total of two cam lobes
in line 2 of claim 7, “two separate cam followers” should likely be --a second cam follower-- for clarity because claim 6 already recites “a cam follower,” if Applicant intends to require a total of two cam followers
in lines 1-2 of claim 9, “an outer perimeter of the cam lobes” should likely be --an outer perimeter of each cam lobe-- for clarity if Applicant intends to compare more than one outer perimeter
in lines 1-2 of claim 14, “two cam lobes” should likely be --a second cam lobe-- for clarity if Applicant intends to require a total of two cam lobes, because claim 13 already recites “a cam lobe”
in line 2 of claim 14, “two separate cam followers” should likely be --a second cam follower-- for clarity if Applicant intends to require a total of two cam followers, because claim 13 already recites “a cam follower”
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Minnich, WO 2019/118201 A1, in view of Zhao et al., US 2005/0269755 A1 [hereinafter: Zhao].
Claim 1: Minnich discloses an electronic latch (abstract) comprising:
a housing (102);
a motor (p. 10 line 12: “electrical actuator”);
a rack (p. 9 lines 11-14);
at least one pawl (170a, 170b) or pawl connector (115) that is connected to the rack such that motion of the rack causes the at least one pawl or pawl connector to move (p. 10 lines 12-16) to (i) a withdrawn position (Fig. 1K) from (ii) a deployed position (Fig. 1H) in which the pawl or pawl connector is extended further from the housing as compared with the withdrawn position (Figs. 1K, 1H; p. 10 lines 1-10).
Minnich teaches motion of a rack controlled by a motor (p. 10 lines 12-14), however Minnich is silent to the structural details of the motor having an output shaft, a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor, and the rack coupled to the gear arrangement and configured to move in response to motion of the gear arrangement.
Zhao teaches a motor (3) having an output shaft ([0030] “rotary shaft”);
a gear arrangement comprising at least one gear (4i) that is configured to be driven by the output shaft of the motor ([0030]);
a driven rod (11) coupled to the gear arrangement (coupled via contacting members 8 and 9, Fig, 6), and configured to move in response to motion of the gear arrangement ([0043]).
One of ordinary skill in the art would recognize the rack disclosed by Minnich is driven to have the same motion as the driven taught by Zhao. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the latch taught by Minnich to include a motor having an output shaft and a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor, as taught by Zhao and to modify the rack taught by Minnich to be coupled to the gear arrangement and configured to move in response to motion of the gear arrangement, as taught by Zhao with a reasonable expectation of success to practice the device disclosed by Minnich using a small and low power motor (Zhao [0016], [0017]).
Claim 2: Minnich, in view of Zhao, teaches the electronic latch of claim 1, wherein the rack is configured to translate in response to rotation of the output shaft of the motor (Zhao [0030], as modified: the rack is configured to translate in response to rotation of the output shaft of the motor).
Claim 3: Minnich, in view of Zhao, teaches the electronic latch of claim 1. Minnich, in view of Zhao, does not explicitly teach the housing accommodates the motor and the gear arrangement, however it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the housing to accommodate the motor and the gear arrangement in order to support the motor and gear arrangement (Zhao [0048-0049]; Minnich p. 4 lines 6-9 (the latch is mounted to the glove box by the housing and components are mounted in the housing)).
Claim 4: Minnich, in view of Zhao, teaches the electronic latch of claim 1, further comprising two pawls or pawl connectors (Minnich two pawls 117a, 117b and Fig. 1L illustrates two pawl connectors 115) that are each connected to the rack such that motion of the rack causes each pawl or pawl connector to move between the deployed and withdrawn positions (Minnich p. 9 lines 11-14 and p. 10 lines 12-14).
Claim 5: Minnich, in view of Zhao, teaches the electronic latch of claim 1, further comprising a pawl connected to the pawl connector (Minnich Fig. 1L illustrates a pawl 170b connected to the pawl connector 115), wherein, in the deployed position, the pawl is configured to engage a striker (Minnich p. 10 lines 1-5).
Claim 6: Minnich, in view of Zhao, teaches the electronic latch of claim 1, wherein the at least one gear comprises a cam lobe that is configured to engage a cam follower on the rack (as modified, the at least one gear has a cam lobe (Zhao 7, [0029]) to engage a member (Zhao 9) on the modified rack corresponding to a cam follower).
Claim 7: Minnich, in view of Zhao, teaches the electronic latch of claim 6, wherein the at least one gear comprises two cam lobes that are configured to engage two separate cam followers on the rack (as modified, the at least one gear has two cam lobe (Zhao 6, 7) to engage a separate cam followers on the modified rack (Zhao 8, 9,); Zhao [0029]).
Claim 8: Minnich, in view of Zhao, teaches the electronic latch of claim 7, wherein the cam lobes are configured to engage the separate cam followers on the rack in a sequential manner (Zhao [0043]-[0044]; illustrated by movement between Zhao Fig. 6A (cam lobe 7 engaged with cam follower 9) and Fig. 6B (cam lobe 6 engaged with cam follower 8)).
Claim 9: Minnich, in view of Zhao, teaches the electronic latch of claim 7, wherein a geometry of an outer perimeter of the cam lobes is different (depicted in Zhao Fig. 5).
Claim 10: Minnich, in view of Zhao, teaches the electronic latch of claim 7, wherein interaction between one of the two cam lobes (Zhao 7) with one of the two cam followers (Zhao 9) permits the pawl or pawl connector to move toward the deployed position in a controlled manner (as modified, pushing the rack (Zhao [0044]) controls movement the pawl or pawl connector toward the deployed position (Minnich p. 9 lines 13-14)) and interaction between the other of the two cam lobes (Zhao 6) with the other of the two cam followers (Zhao 8) causes the pawl or pawl connectors to move toward the withdrawn position (as modified, pulling the rack (Zhao [0043]) moves the pawl or pawl connector to the withdrawn position (Minnich p. 9 lines 13-14)).
Claim 11: Minnich, in view of Zhao, teaches the electronic latch of claim 1. Minnich, as modified by Zhao, does not explicitly teach an indexing means on the gear that is configured to engage a sensor for sensing motion of the gear. Note that under 112(f), the term “an indexing means” is being construed to cover the corresponding structure(s) described in the written description and equivalents thereof. MPEP 2181. Here “an indexing means” is interpreted as a channel, surface, recess, marking, magnet, circuit, magnetic feature, optical feature, post, slot, or pin on the gear (Spec. p. 6 lines 27-32).
Zhao teaches an indexing means (magnet 41) on the gear (4i) that is configured to engage a sensor (42, 43) for sensing motion of the gear (Fig. 10; [0050]: condition of the arm 12 determined by sensing movement of magnet 41 attached to gear 4i).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to further include an indexing means on the gear taught by Minnich, as modified by Zhao, that is configured to engage a sensor for sensing motion of the gear, as taught by Zhao, with a reasonable expectation of success for monitoring movement of the gear and the operative condition of the latch (Zhao [0050]).
Claim 12: Minnich, in view of Zhao, teaches a motor vehicle glove box (Minnich p. 1 lines 6-9), further comprising the electronic latch of claim 1 (as shown above, Minnich, as modified by Zhao, teaches the electronic latch of claim 10).
Claim 13: Minnich discloses an electronic latch (abstract) comprising:
a housing (102);
a motor (p. 10 line 12: “electrical actuator”);
a rack (p. 9 lines 11-14), wherein motion of the rack causes a pawl (170a, 170b) to move (p. 10 lines 12-16) to (i) a withdrawn position (Fig. 1K) from (ii) a deployed position (Fig. 1H) in which the pawl is extended further from the housing as compared with the withdrawn position (Figs. 1K, 1H; p. 10 lines 1-10).
Minnich teaches motion of a rack controlled by a motor (p. 10 lines 12-14), however Minnich is silent to the structural details of the motor having an output shaft, a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor, and the at least one gear comprising a cam lobe that is configured to engage a cam follower on a rack, thereby causing motion of the rack.
Zhao teaches a motor (3) having an output shaft ([0030] “rotary shaft”); and
a gear arrangement comprising at least one gear (4i) that is configured to be driven by the output shaft of the motor ([0030]);
the at least one gear comprising a cam lobe (7) that is configured to engage a cam follower (9) on a driven rod (11), thereby causing motion of the driven rod ([0031]).
One of ordinary skill in the art would recognize the motion of the rack caused by the electronic actuator disclosed by Minnich corresponds to the motion of the driven rod caused by the gear arrangement taught by Zhao. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the latch taught by Minnich to include a motor having an output shaft and a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor, the at least one gear comprising a cam lobe that is configure to engage a cam follower on the rack, thereby causing motion of the rack, as taught by Zhao with a reasonable expectation of success in order to drive the rack as suggested by Minnich to practice the device disclosed by Minnich using a small and low power motor (Zhao [0016], [0017]).
Claim 14: Minnich, in view of Zhao, teaches the electronic latch of claim 13, wherein the at least one gear comprises two cam lobes that are configured to engage two separate cam followers on the rack (as modified, the at least one gear has two cam lobe (Zhao 6, 7) to engage a separate cam followers on the modified rack (Zhao 8, 9,); Zhao [0029]).
Claim 15: Minnich, in view of Zhao, teaches the electronic latch of claim 14, wherein the cam lobes are configured to engage the separate cam followers on the rack in a sequential manner (Zhao [0043]-[0044]; illustrated by movement between Zhao Fig. 6A (cam lobe 7 engaged with cam follower 9) and Fig. 6B (cam lobe 6 engaged with cam follower 8)).
Claim 16: Minnich, in view of Zhao, teaches the electronic latch of claim 14, wherein a geometry of an outer perimeter of the cam lobes is different (depicted in Zhao Fig. 5).
Claim 17: Minnich, in view of Zhao, teaches the electronic latch of claim 14. Minnich, as modified by Zhao, does not explicitly teach an indexing means on the gear that is configured to engage a sensor for sensing motion of the gear. Note that under 112(f), the term “an indexing means” is being construed to cover the corresponding structure(s) described in the written description and equivalents thereof. MPEP 2181. Here “an indexing means” is interpreted as a channel, surface, recess, marking, magnet, circuit, magnetic feature, optical feature, post, slot, or pin on the gear (Spec. p. 6 lines 27-32).
Zhao teaches an indexing means (41) on the gear (4i) that is configured to engage a sensor (42, 43) for sensing motion of the gear (Fig. 10; [0050]: condition of the arm 12 determined by sensing movement of magnet 41 attached to gear 4i).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to further include an indexing means on the gear taught by Minnich, as modified by Zhao, that is configured to engage a sensor for sensing motion of the gear, as taught by Zhao, with a reasonable expectation of success for monitoring movement of the gear and the operative condition of the latch (Zhao [0050]).
Claim 18: Minnich, in view of Zhao, teaches the electronic latch of claim 14, wherein interaction between one of the two cam lobes (Zhao 7) with one of the two cam followers (Zhao 9) permits the pawl or pawl connector to move toward the deployed position in a controlled manner (as modified, pushing the rack (Zhao [0044]) controls movement of the pawl or pawl connector toward the deployed position (Minnich p. 9 lines 13-14)) and interaction between the other of the two cam lobes (Zhao 6) with the other of the two cam followers (Zhao 8) causes the pawl or pawl connectors to move toward the withdrawn position (as modified, pulling the rack (Zhao [0043]) moves the pawl or pawl connector to the withdrawn position (Minnich p. 9 lines 13-14)).
Claim 19: Minnich discloses, in an electronic latch (abstract) including a motor (p. 10 line 12: “electrical actuator”); a rack (p. 9 lines 11-14), and at least one pawl (170a, 170b) that is connected to the rack (p. 10 lines 12-16).
Minnich teaches motion of a rack controlled by a motor (p. 10 lines 12-14), however Minnich is silent to the structural details of the motor having an output shaft, a gear arrangement comprising at least one gear that is configured to be driven by the output shaft of the motor, and the at least one gear comprising a cam lobe that is configured to engage a cam follower on a rack, thereby causing motion of the rack.
Zhao teaches a motor (3), a gear (4i, 6, 7) configured to be driven by an output shaft of the motor ([0030]).
One of ordinary skill in the art would recognize the motion of the rack caused by the electronic actuator disclosed by Minnich corresponds to the motion of the driven rod caused by the gear arrangement taught by Zhao. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the latch taught by Minnich to include a motor and a gear that is configured to be driven by the output shaft of the motor, as taught by Zhao with a reasonable expectation of success in order to drive the rack as suggested by Minnich to practice the device disclosed by Minnich using a small and low power motor (Zhao [0016], [0017]).
Minnich, in view of Zhao, teaches a method of operating the electronic latch comprising: engaging a first cam lobe on the gear (Zhao 6) with a first cam follower on the rack (a member (Zhao 8) on the modified rack corresponding to a cam follower) to move the rack in a first direction, which causes the at least one pawl to move toward a withdrawn position with respect to a striker (as modified, engaging the first cam lobe with the first cam follower pulls the rack down/in (Zhao [0043]); Minnich p. 9 lines 13-14: pulling the rack moves the rack in a first direction that causes the pawl to move to the withdrawn position (Fig. 1K)); and
engaging a second cam lobe on the gear (Zhao 7) with a second cam follower on the rack (a member (Zhao 6) on the modified rack corresponding to a cam follower) to permit movement of the rack in a second direction, which permits the at least one pawl to move toward a deployed position with respect to the striker (as modified, engaging the first cam lobe with the first cam follower pushes the rack up/out (Zhao [0044]); Minnich p. 9 lines 13-14: pushing the rack moves the rack in a second direction that causes the pawl to move toward the deployed position (Fig. 1H)).
Claim 20: Minnich, in view of Zhao, teaches the electronic latch of claim 19, wherein the engaging steps are sequential (Zhao [0043]-[0044]; illustrated by sequential movement between Zhao Fig. 6A (cam lobe 7 engaged with cam follower 9) and Fig. 6B (cam lobe 6 engaged with cam follower 8)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tostado et al. (US 2012/0061976 A1) is related to an electronic latch comprising a motor, a gear arrangement, a cam lobe, and a rack. Kondo et al. (JP2018040189 A is related to an electronic latch comprising a motor, a gear, and a rack driving two pawls between deployed and withdrawn positions.
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/EGB/Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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