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 .
Claim Objections
Claim 10 is objected to because “a door lever” on line 3 should be changed to “the door lever” and “a module” on line 4 should be changed to “the module”. 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.
Claim 20 is 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. Claim 20 recites the limitation "the microswitch" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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 1-7, 10, 12-18 and 20-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Saarinen et al. [Saarinen hereinafter, US 7,589,291].
In regard to claim 1, Saarinen discloses [in Fig. 3] a module comprising: a housing [32] having a switch region; a switch [35] connected releasably to the switch region of the housing [32]; and an actuating flap [310], which is hinged to the housing [32] and configured so as to be pivoted by a movement of a door lever [31], wherein the door lever [31] is separate from the actuating flap [310], wherein the actuating flap [310] is configured to be moved between a first position and a second position in which the switch [35] is activated by the actuating flap [310].
In regard to claim 2, Saarinen discloses [in Fig. 3] the module according to claim 1, wherein the switch [32] comprises an activating component [36] extending in a first direction, and wherein the actuating flap [310] is pivotable about a pivot axis, wherein the pivot axis extends substantially perpendicular to the first direction.
In regard to claim 3, Saarinen discloses [in Fig. 3] the module according to claim 1, wherein the actuating flap [310] comprises a curved cover region, which is configured so as to at least partially cover an activating component [36] of the switch [35].
In regard to claims 4 and 5, Saarinen discloses [in Fig. 3] the module according to claim 1, wherein the module comprises a first resetting element [col. 2, line 37 – col. 3, line 5], which biases the actuating flap [310] into the first position, wherein the first resetting element is configured so as to generate a haptic and/or audible signal when the actuating flap [310] is transferred into the second position of the actuating flap [310].
In regard to claims 6 and 13, Saarinen discloses [in Fig. 3] the module according to claim 1, wherein the module comprises a second resetting element [36], which is configured so as to act against further movement of the door lever [31] after the actuating flap [310] has been transferred into the second position of the actuating flap [310], wherein the second resetting element [36] is a resetting spring.
In regard to claim 7, Saarinen discloses [in Fig. 3] the module according to claim 1, wherein the actuating flap [310] comprises a protrusion [33], which projects over a surface of the actuating flap [310] facing away from the switch [35] and is configured to interact with the door lever [31] as the door lever [31] translates so as to transfer a substantially translational movement of the door lever [31] into a pivoting movement of the actuating flap [310].
In regard to claim 10, Saarinen discloses [in Fig. 3] the door lever [31], and the module according to a module according to claim 1, wherein the module is coupled to the door lever such that the actuating flap [310] is arranged between the door lever [31] and the switch [35].
In regard to claim 12, it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647. It is noted that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
In regard to claim 14, Saarinen discloses [in Fig. 3] a housing [32] defining a switch region; a switch [35] releasably mounted in the switch region, the switch [35] including a push button [tip of 36] movable along a first axis; and an actuating flap [310] pivotably mounted to the housing [32] about a pivot axis and arranged between the switch [35] and a door lever [31] that is separate from the actuating flap [310], wherein the actuating flap [310] includes a contact surface engaging the push button [36] and a protrusion [33] configured to be engaged by the door lever [31], wherein the protrusion[33] is configured to convert a substantially translational movement of the door lever [31] into a pivoting movement of the actuating flap [310] about the pivot axis, and wherein pivoting of the actuating flap [310] into a second position depresses the push button [tip of 36] to actuate the switch [35].
In regard to claim 15, Saarinen discloses [in Fig. 3] the module of claim 14, wherein the pivot axis extends substantially perpendicular to the first axis.
In regard to claim 16, Saarinen discloses [in Fig. 3] the module of claim 14, wherein the contact surface of the actuating flap [310] is curved and configured to abut the push button [36].
In regard to claim 17, Saarinen discloses [in Fig. 3] the module of claim 14, further comprising a first resetting element [col. 2, line 37 – col. 3, line 5] coupled to the housing [32] and the actuating flap [310] and configured to bias the actuating flap [310] into a first position in which the switch [35] is not actuated.
In regard to claim 18, Saarinen discloses [in Fig. 3] the module of claim 14, further comprising a second resetting element [36] arranged to be engaged by the door lever [31] after the actuating flap [310] reaches the second position.
In regard to claim 20, Saarinen discloses [in Fig. 3] the module of claim 14, further comprising at least one electrical contact [in 35] extending between the switch [35] and a plug-in region of the housing [32].
In regard to claims 21 and 22, Saarinen discloses [in Fig. 3] a housing [32] defining a switch region; a switch [35] mounted to the switch region of the housing [32]; and an actuating flap [310] pivotably coupled to the housing [32] and configured to be pivoted by movement of an operating element [31] that is separate from the actuating flap [310] between a first position and a second position in which the switch [35] is actuated by the actuating flap [310], wherein the actuating flap [310] includes a protrusion [33] extending from a surface facing away from the switch [35], and wherein the protrusion [33] is configured to convert a substantially translational movement of the operating element [31] into a pivoting movement of the actuating flap [310], wherein the switch [35] comprises an actuating element [36] extending along a first direction, and wherein the actuating flap [310] is pivotable about a pivot axis extending substantially perpendicular to the first direction.
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 8 and 19 are is rejected under 35 U.S.C. 103 as being unpatentable over Saarinen et al. [Saarinen hereinafter, US 7,589,291]. Saarinen discloses [in Fig. 3] the module according to claims 7 and 14, respectively. Saarinen does not disclose that the protrusion comprises a ramp region and a shoulder region, wherein the ramp region preferably has a slope of 10° to 45°. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have used any various shape, since selection and use of any known equivalent shape would have been within the level of ordinary skill in the art.
Response to Arguments
Applicant's arguments filed 04/24/2026 have been fully considered but they are not persuasive. In regard to claim 1, Applicant argues that “Saarinen's plate is not hinged to the housing.” The Examiner disagrees. Saarinen clearly discloses [in Fig. 3] that the actuating flap [310] is hinged to the housing via [33].
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 LHEIREN MAE A CAROC whose telephone number is (571)272-2730. The examiner can normally be reached Monday-Friday, 9:00am-5:00pm.
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/LHEIREN MAE A CAROC/Primary Examiner, Art Unit 2831
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