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 .
Election/Restrictions
Applicant is respectfully reminded currently claims 3, 9-11 are withdrawn in addition to claims 12-14.
Response to Arguments
Applicant's arguments filed 2/19/2025 have been fully considered but they are not all persuasive.
The examiner agrees the previous interpretation of FR 3062630 A1 does not teach “wherein said longitudinal and lateral portions extends on either side of the elastically deformable body in the longitudinal and lateral directions respectively”. However, due to the breadth of “introduction axis” and “portion” the examiner has reinterpreted FR ‘630 as seen in reference image 1. This reinterpreted introduction axis allows an interpretation of longitudinal and lateral portions that teach the limitation. It’s the examiners position FR ‘630 teaches a protective wall as the examiner considers a protective wall as any wall capable of protecting another element from anything (i.e light, heat, bb gun pellets, incorrect assembly, steel toe boots). The examiner also asserts a receiving housing is present as the at least one protective wall of FR ‘630 is “something that covers or protects” - Merriam webster.
Claim Objections
The previous claim objections are overcome by the present amendments.
Drawings
The previous drawing objection have been overcome by the present drawing amendments.
Claim Rejections - 35 USC § 112
The previous 112 rejections are overcome by the present amendments.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, 4-8 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being Anticipated by FR 3062630 A1 (hereinafter FR ‘630).
In regards to claim 1, FR’ 630 teaches the device for holding in the ajar position a door leaf element with respect to a fixed part of a body shell of a motor vehicle; comprising: a first element (400) intended to cooperate with a first support chosen from among the fixed part or the door leaf element (see fig 11), said first element comprising at least one connecting member (404 and 403); a second element (300) intended to cooperate with a second support chosen from among the fixed part or the door leaf element (see fig 11), said second element comprising at least one retaining member (304) comprising at least one elastically deformable body (at least one of 305), configured to cooperate with a second zone (zone of 404 contacted by 304, see fig 11) of the at least one connecting member so as to oppose the displacement of the door leaf element with respect to the fixed part in the opening direction of the door leaf element (see fig 11, para 84 and abstract); and at least one protective wall defining a receiving housing in which the at least one elastically deformable body is at least partially housed (see figs 9 and 10); wherein the at least one protective wall comprises a longitudinal portion (see reference image 1) extending along a longitudinal direction perpendicular to an introduction axis (see reference image 1), and a lateral portion (portion of 301, see reference image 1) extending along a lateral direction perpendicular to the introduction axis and the longitudinal direction; and wherein said longitudinal and lateral portions extends on either side of the elastically deformable body in the longitudinal and lateral directions respectively (see reference image 1).
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Reference image 1
In regards to claim 2, FR’ 630 teaches the device for holding according to claim 1, comprising an abutment surface configured to cooperate with a first zone of the connecting member so as to oppose a displacement of the door leaf element with respect to the fixed part in the closing direction of the door leaf element (see fig 11 and para 84).
In regards to claim 4, FR ‘630 teaches the device for holding according to claim 1, wherein the elastically deformable body is configured to deform by pivoting (see fig 9), said elastically deformable body comprising a free distal end portion (portion distal to its mounting to the protective wall, see fig 9) configured to cooperate with the connecting member (see fig 9 and 11).
In regards to claim 5, FR ‘630 teaches the device for holding according to claim 1, wherein the connecting member is configured to be housed at least partly in the receiving housing (see figs 9 and 10). .
In regards to claim 6, FR ‘630 teaches the device for holding according to claim 1, wherein the protective wall comprises a passage (a space between 301) opening configured to allow the introduction of the connecting member inside the receiving housing (at least when not mounted to a vehicle), or alternatively the removal of the connecting member outside the receiving housing (see fig 10) so as to define the introduction axis (see reference image 1; at least when not mounted to the vehicle 404 can be inserted along this axis ).
In regards to claim 7, FR ‘630 teaches the device for holding according to claim 6, wherein the protective wall extends at least partly around the introduction axis (see reference image 1).
In regards to claim 8, FR ‘630 teaches the device for holding according to claim 1, wherein the retaining member comprises at least two elastically deformable bodies (two of 305, see fig 10) and wherein the connecting member comprises a distal termination (See reference image 2) configured to be inserted between said at least two elastically deformable bodies, and further comprises a connecting rod (403) connecting said distal termination to the first element (see figs 9 and 11).
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Reference image 2
In regards to claim 15, FR ‘630 teaches a vehicle provided with device for holding according to claim 1 (“motor vehicle” in abstract, see fig 11).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER H WATSON whose telephone number is (571)272-5393. The examiner can normally be reached M-F 9 - 5.
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, Christine M 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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/PETER H WATSON/Examiner, Art Unit 3675
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