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 .
Information Disclosure Statement
The Information disclosure statement of 05/11/2026 has been received and reviewed.
Claim Objections
Claims 1 and 6 are objected to because of the following informalities:
Claim 1, line 9, “cinch lever the open assist” should be “cinch lever, the open assist”.
Claim 6, line 2, “a cinching operation” should be “the cinching operation”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6 and 10-15 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20190292817 to Tomaszewski.
Regarding claim 1, Tomaszewski discloses:
A vehicle latch assembly (fig 3), comprising: a remote cinching actuator (30); and a vehicle latch (fig 3), the vehicle latch comprising: a latch housing (18); a claw (60) pivotally mounted to the latch housing (fig 3); a cinch lever (50) pivotally mounted to the latch housing (fig 3), wherein rotation of the cinch lever by the remote cinching actuator will rotate the claw into a closed position or rotate the claw into an open position (rotation of 50 opens/closes the claw); and an open assist lever (62) pivotally secured to the cinch lever (via 18) the open assist lever has a channel (bottom right channel of 62 that 76 rests on, see fig 4) configured to engage a feature (76) of the claw of the vehicle latch (fig 4).
Regarding claim 2, Tomaszewski discloses:
The vehicle latch assembly as in claim 1, wherein the vehicle latch further comprises: an open assist clutch lever (A, see figure below) and wherein the open assist lever has a guide pivot (pivot seen in the center of A) operably coupled to the open assist clutch lever (via coupling to 18).
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Regarding claim 3, Tomaszewski discloses:
The vehicle latch assembly as in claim 2, wherein the vehicle latch further comprises: a bellcrank override lever (44, see at least paragraph 0047) operably coupled to the open assist clutch lever.
Regarding claim 4, Tomaszewski discloses:
The vehicle latch assembly as in claim 3, wherein the vehicle latch further comprises: a cinch link (104) pivotally secured to the cinch lever (fig 3), the cinch link (76) contacting the claw during a cinching operation of the vehicle latch (see at least fig 6).
Regarding claim 5, Tomaszewski discloses:
The vehicle latch assembly as in claim 4, wherein the cinch link further comprises a bearing (130) that makes contact with an override lever (78) of the vehicle latch.
Regarding claim 6, Tomaszewski discloses:
The vehicle latch assembly as in claim 4, wherein rotation of the cinch lever during a cinching operation causes the cinch link to contact the claw and rotate the claw into the closed position (see figs 4-8).
Claim 10 is rejected as per the rejection of claim 1 above.
Claim 11 is rejected as per the rejection of claim 2 above.
Claim 12 is rejected as per the rejection of claim 3 above.
Claim 13 is rejected as per the rejection of claim 4 above.
Claim 14 is rejected as per the rejection of claim 5 above.
Claim 15 is rejected as per the rejection of claim 6 above.
Allowable Subject Matter
Claims 19-20 are allowed.
Claims 7-9 and 16-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yahya Sidky whose telephone number is (571)272-6237. The examiner can normally be reached Monday-Thursday 8:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Y.S./Patent Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675
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