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 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 1-13 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 pre-AIA the applicant regards as the invention.
Regarding claim 1 (and claims 2-13 by dependency), it is unclear what structure is required to accomplish “a double motion of a pop-up operation and a swing operation through a hinge portion”. Without positive structural recitation, it is unclear what the applicant intends as required to accomplish the above function. When looking to the specification the description of fig 3 adds further confusion at it states the double motion is applied to the rear door 120 of the front door 110 at the front of the vehicle and the rear door 120 at the rear of the vehicle. It is unclear how the rear door is at the front? If applicant intends to claim a hinge that functions both as a pop-up means and as a swing hinge, the hinge should be claimed. Currently “configured to be opened…by…operation through a hinge portion” does not require a hinge. Further clarification of the scope of the invention is required to establish the invention as a door latch apparatus, or the door latch apparatus in combination with the door and door movement.
In view of the rejections above under 35 USC § 112, the claims referred to in any and all rejections below are rejected as best understood.
Allowable Subject Matter
Claim 1 (and dependent claims 2-13) would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: Applicant admitted prior art as modified by Woo (US 20180274272) discloses the claimed invention except: a rebound locking portion provided on the pop-up guide portion, including a locking claw lever, a locking pawl lever, and a locking pawl link lever, and configured, in response that the striker enters the pop-up guide portion while the door is closed by the swinging operation, to lock the striker in a rebound direction by the locking claw lever.
The above elemental features do not appear to be obvious inview of the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as it may affect the patentability of applicant’s claimed invention is listed on the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thomas L. Neubauer whose telephone number is 571.272.4864. The examiner can normally be reached on Monday - Friday, 8:00 AM through 5:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina R. Fulton can be reached on 571-272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T. L. N./
Examiner, Art Unit 3675
/KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675