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 § 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)(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.
Claim(s) 1-8, 10-14, 19-21, 23-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Och (US 20160298366 A1).
Regarding claim 1, Och teaches a vehicular exterior door handle assembly (figs. 5-8), the vehicular exterior door handle assembly comprising: a base portion (unnumbered portion that axis and 66 are fastened to) configured to mount at a door of a vehicle equipped with the vehicular exterior door handle assembly; a handle portion including a grasping portion (10); wherein the handle portion is movable relative to the base portion between (i) a recessed position (fig. 5), where the grasping portion of the handle portion is at least partially recessed at the base portion, and (ii) a deployed position (fig. 7), where the grasping portion of the handle portion protrudes outward from the base portion so as to be graspable by a user; a deployment mechanism (58, 64, 66) coupled to the handle portion and operable to move the handle portion between the recessed position and the deployed position (figs. 5-7); wherein the deployment mechanism comprises a handle return cam (58) that is biased in a first direction (clockwise; para. 0048) relative to the base portion, and wherein the deployment mechanism, with the handle portion in the recessed position, mechanically secures the handle return cam relative to the base portion (64 secured to 66); wherein, with the base portion mounted at the door of the vehicle, the handle portion, when in the recessed position, is manually movable beyond the recessed position and away from the deployed position to actuate the deployment mechanism (fig. 5 to fig. 6); wherein the deployment mechanism, responsive to the handle portion being moved beyond the recessed position and away from the deployed position, releases the handle return cam to allow the handle return cam to move in the first direction to move the handle portion toward the deployed position (fig. 6 to fig. 7); wherein, with the base portion mounted at the door of the vehicle, the handle portion, when in the deployed position, is manually movable beyond the deployed position and away from the recessed position to actuate a latch mechanism of the door (fig. 8); and wherein the deployment mechanism, with the handle portion in the deployed position and responsive to the handle portion being moved beyond the deployed position and away from the recessed position, operates to move the handle portion toward the recessed position (para. 0049).
Regarding claim 2, Och teaches the vehicular exterior door handle assembly of claim 1, wherein the deployment mechanism further comprises a deployment latch (64, 66) that, with the handle portion in the recessed position, engages the handle return cam (58) to mechanically secure the handle return cam relative to the base portion (fig. 5), and wherein the handle return cam is pivotally attached to the base portion, and wherein the handle return cam, with the handle portion in the recessed position and responsive to being released, pivots in the first direction (clockwise) to move the handle portion toward the deployed position (fig. 5 to fig. 7).
Regarding claim 3, Och teaches the vehicular exterior door handle assembly of claim 2, wherein the deployment latch (64, 66), with the handle portion in the recessed position and responsive to the handle portion being moved beyond the recessed position and away from the deployed position, disengages from the handle return cam (58) to release the handle return cam and allow pivotal movement of the handle return cam in the first direction (figs. 5-7).
Regarding claim 4, Och teaches the vehicular exterior door handle assembly of claim 3, wherein the deployment latch (64, 66), responsive to disengaging from the handle return cam, engages a latch catch (32) coupled to the base portion, and wherein the deployment latch, while engaging the latch catch, is spaced from the handle return cam (66 and 64 spaced while 32 is engaged).
Regarding claim 5, Och teaches the vehicular exterior door handle assembly of claim 4, wherein the latch catch (32) moves along a surface of the handle return cam (fig. 7 to fig. 8), and wherein the latch catch, as the handle return cam pivots relative to the base portion, is configured to move into and out of engagement with the deployment latch according to movement of the latch catch along the surface of the handle return cam (into and out of engagement as 32 resets 58).
Regarding claim 6, Och teaches the vehicular exterior door handle assembly of claim 5, wherein the latch catch is biased toward engagement with the surface of the handle return cam (figs. 7-8, biased by channel 36).
Regarding claim 7, Och teaches the vehicular exterior door handle assembly of claim 2, wherein the handle return cam (58), with the handle portion in the deployed position and responsive to the handle portion being moved beyond the deployed position and away from the recessed position, pivots in a second direction opposite the first direction and is engaged by the deployment latch to mechanically secure the handle return cam relative to the base portion (para. 0049).
Regarding claim 8, Och teaches the vehicular exterior door handle assembly of claim 7, wherein the latch mechanism of the door is coupled to a cable pull cam (32), and wherein, with the base portion mounted at the door of the vehicle, the handle portion, when in the deployed position and when moved beyond the deployed position and away from the recessed position, engages the cable pull cam and imparts pivotal movement of the cable pull cam in the first direction to actuate the latch mechanism of the door (fig. 7 to fig. 8).
Regarding claim 10, Och teaches the vehicular exterior door handle assembly of claim 7, wherein the deployment latch, with the handle portion in the deployed position and responsive to the handle portion being moved beyond the deployed position and away from the recessed position, and with the handle return cam pivoting in the second direction, engages the handle return cam to limit pivotal movement of the handle return cam in the first direction (fig. 7 to fig. 8, para. 0049).
Regarding claim 11, Och teaches the vehicular exterior door handle assembly of claim 10, wherein the handle portion is biased from the deployed position toward the recessed position, and wherein the handle portion, with the deployment latch engaging the handle return cam, and responsive to the handle portion being moved beyond the deployed position and away from the recessed position, and responsive to the handle portion being released after moving beyond the deployed position and away from the recessed position, moves toward the recessed position (para. 0049, figs. 7 to 8).
Regarding claim 12, Och teaches the vehicular exterior door handle assembly of claim 1, wherein the deployment mechanism is mechanically operable to move the handle portion between the recessed position and the deployed position without an electrical power source (utilizes spring force).
Regarding claim 13, Och teaches the vehicular exterior door handle assembly of claim 1, wherein, with the base portion mounted at the door of the vehicle, an outer surface of the handle portion, with the handle portion in the recessed position, is flush with an outer surface of the door of the vehicle (fig. 5).
Regarding claim 14, Och teaches the vehicular exterior door handle assembly of claim 1, wherein the handle portion comprises (i) a first end that is pivotally attached to the base portion (16), and (ii) a second end opposite the first end that comprises the grasping portion (18), and wherein the handle portion, when moved between the recessed position and the deployed position, pivots relative to the base portion between the recessed position and the deployed position (pivots around 22).
Regarding claim 19, Och teaches a vehicular exterior door handle assembly (figs. 5-8), the vehicular exterior door handle assembly comprising: a base portion (unnumbered portion that axis and 66 are fastened to) configured to mount at a door of a vehicle equipped with the vehicular exterior door handle assembly; a handle portion (10) including a grasping portion (area towards end 18); wherein the handle portion is movable relative to the base portion between (i) a recessed position (fig. 5), where the grasping portion of the handle portion is at least partially recessed at the base portion, and (ii) a deployed position (fig. 7), where the grasping portion of the handle portion protrudes outward from the base portion so as to be graspable by a user;
a deployment mechanism (58, 64, 66) coupled to the handle portion and operable to move the handle portion between the recessed position and the deployed position (figs. 5-7);
wherein the deployment mechanism comprises a handle return cam (58) that is pivotally attached to the base portion (pivots about 56) and biased in a first direction (clockwise; para. 0048) relative to the base portion, and a deployment latch (64, 66) that, with the handle portion in the recessed position, engages the handle return cam (58) to mechanically secure the handle return cam relative to the base portion (fig. 5);
wherein, with the base portion mounted at the door of the vehicle, the handle portion, when in the recessed position, is manually movable beyond the recessed position and away from the deployed position to actuate the deployment mechanism (fig. 5 to fig. 6);
wherein the deployment latch, responsive to the handle portion being moved beyond the recessed position and away from the deployed position, disengages from the handle return cam to release the handle return cam, and allow pivotal movement of the handle return cam in the first direction to move the handle portion toward the deployed position (figs. 5-7),
wherein, with the base portion mounted at the door of the vehicle, the handle portion, when in the deployed position, is manually movable beyond the deployed position and away from the recessed position to actuate a latch mechanism of the door (fig. 8);
wherein the deployment mechanism, with the handle portion in the deployed position and responsive to the handle portion being moved beyond the deployed position and away from the recessed position, operates to move the handle portion toward the recessed position (para. 0049),
wherein the handle return cam, with the handle portion in the deployed position and responsive to the handle portion being moved beyond the deployed position and away from the recessed position, pivots in a second direction opposite the first direction and is engaged by the deployment latch to mechanically secure the handle return cam relative to the base portion (para. 0049).
Regarding claim 20, Och teaches the vehicular exterior door handle assembly of claim 19, wherein the deployment latch (64, 66), responsive to disengaging from the handle return cam, engages a latch catch (32) coupled to the base portion, and wherein the deployment latch, while engaging the latch catch, is spaced from the handle return cam (66 and 64 spaced while 32 is engaged).
Regarding claim 21, Och teaches the vehicular exterior door handle assembly of claim 19, wherein the latch mechanism of the door is coupled to a cable pull cam (32), and wherein, with the base portion mounted at the door of the vehicle, the handle portion, when in the deployed position and when moved beyond the deployed position and away from the recessed position, engages the cable pull cam and imparts pivotal movement of the cable pull cam in the first direction to actuate the latch mechanism of the door (fig. 7 to fig. 8).
Regarding claim 23, Och teaches the vehicular exterior door handle assembly of claim 19, wherein the deployment latch, with the handle portion in the deployed position and responsive to the handle portion being moved beyond the deployed position and away from the recessed position, and with the handle return cam pivoting in the second direction, engages the handle return cam to limit pivotal movement of the handle return cam in the first direction (fig. 7 to fig. 8, para. 0049).
Regarding claim 24, Och teaches the vehicular exterior door handle assembly of claim 23, wherein the handle portion is biased from the deployed position toward the recessed position, and wherein the handle portion, with the deployment latch engaging the handle return cam, and responsive to the handle portion being moved beyond the deployed position and away from the recessed position, and responsive to the handle portion being released after moving beyond the deployed position and away from the recessed position, moves toward the recessed position (para. 0049).
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.
Claim(s) 9 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Och (US 20160298366 A1) in view of Couto (US 20190283555 A1).
Regarding claim 9, Och teaches the vehicular exterior door handle assembly of claim 8, however does not explicitly teach wherein, with the base portion mounted at the door of the vehicle, the cable pull cam is in geared engagement with the handle return cam, and wherein the cable pull cam, as the cable pull cam pivots in the first direction, imparts pivotal movement of the handle return cam in the second direction.
Couto teaches a similar vehicular exterior door handle utilizing a geared arrangement (fig. 5) for the handle return cam and the cable pull cam which allows for opposing directions of movement for the cable pull cam and the handle return cam (para. 0114).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize a geared arrangement between the handle return cam and the cable pull cam. Utilizing a geared arrangement allows for a dependable force transmission mechanism rather than worrying about contact surfaces slipping by using the traditional cammed arrangement. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art
Regarding claim 22, Och teaches the vehicular exterior door handle assembly of claim 21, however does not explicitly teach wherein, with the base portion mounted at the door of the vehicle, the cable pull cam is in geared engagement with the handle return cam, and wherein the cable pull cam, as the cable pull cam pivots in the first direction, imparts pivotal movement of the handle return cam in the second direction.
Couto teaches a similar vehicular exterior door handle utilizing a geared arrangement (fig. 5) for the handle return cam and the cable pull cam which allows for opposing directions of movement for the cable pull cam and the handle return cam (para. 0114).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to utilize a geared arrangement between the handle return cam and the cable pull cam. Utilizing a geared arrangement allows for a dependable force transmission mechanism rather than worrying about contact surfaces slipping by using the traditional cammed arrangement. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art
Claim(s) 15-18, 25-30 are rejected under 35 U.S.C. 103 as being unpatentable over Och (US 20160298366 A1) in view of Aerts (US 20130079984 A1).
Regarding claim 15, Och teaches the vehicular exterior door handle assembly of claim 1 however does not explicitly teach wherein an electronic switch is disposed at the base portion, and wherein, with the base portion mounted at the door of the vehicle, the electronic switch, when engaged by the handle portion or part of the deployment mechanism, is actuated to electronically actuate the latch mechanism of the door.
Aerts teaches a similar exterior door handle assembly wherein an electronic switch (402) is disposed at the base portion, and wherein, with the base portion mounted at the door of the vehicle, the electronic switch, when engaged by the handle portion or part of the deployment mechanism, is actuated to electronically actuate the latch mechanism of the door (para. 0038).
It would have been obvious to one of ordinary skill in the art to combine the teachings of Och with those of Aerts in order to utilize a sensor to actuator the locking mechanism. Utilizing a sensor to actuate the locking mechanism allows for expanded positioning options for the door handle because a mechanical linkage is not required. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art
Regarding claim 16, Och in view of Aerts teaches the vehicular exterior door handle assembly of claim 15, Aerts further teaches wherein the electronic switch is engaged by the handle portion when the handle portion is moved beyond the deployed position and away from the recessed position (para. 0038).
Regarding claim 17, Och in view of Aerts teaches the vehicular exterior door handle assembly of claim 15, wherein the electronic switch is engaged by part of the deployment mechanism when the handle portion is moved beyond the deployed position and away from the recessed position (para. 0038, engaged indirectly because the sensor would not have been engaged if the handle was not deployed by the deployment mechanism).
Regarding claim 18, Och in view of Aerts teaches the vehicular exterior door handle assembly of claim 15, wherein the electronic switch is engaged by the handle portion when the handle portion is moved beyond the recessed position and away from the deployed position (para. 0038).
Regarding claim 25, Och teaches a vehicular exterior door handle assembly (figs. 5-8), the vehicular exterior door handle assembly comprising: a base portion (unnumbered portion that axis and 66 are fastened to) configured to mount at a door of a vehicle equipped with the vehicular exterior door handle assembly; a handle portion (10) including a grasping portion (area towards end 18); wherein the handle portion is movable relative to the base portion between (i) a recessed position (fig. 5), where the grasping portion of the handle portion is at least partially recessed at the base portion, and (ii) a deployed position (fig. 7), where the grasping portion of the handle portion protrudes outward from the base portion so as to be graspable by a user;
Wherein the handle portion comprises a first end (16) that is pivotally attached to the base portion, and a second end (18) opposite the first end that comprises the grasping portion (grasping portion is towards end 18), and wherein the handle portion when moved between the recessed position and the deployed position, pivots (about 22) relative to the base portion between the recessed position and the deployed position (figs. 5-7).
a deployment mechanism (58, 64, 66) coupled to the handle portion and operable to move the handle portion between the recessed position and the deployed position (figs. 5-7);
wherein the deployment mechanism comprises a handle return cam (58) that is biased in a first direction (clockwise; para. 0048) relative to the base portion, and wherein the deployment mechanism (58, 64, 66), with the handle portion in the recessed position, mechanically secures the handle return cam (58) relative to the base portion (fig. 5);
wherein, with the base portion mounted at the door of the vehicle, the handle portion, when in the recessed position, is manually movable beyond the recessed position and away from the deployed position to actuate the deployment mechanism (fig. 5 to fig. 6);
wherein the deployment mechanism, responsive to the handle portion being moved beyond the recessed position and away from the deployed position, releases the handle return cam to allow the handle return cam, to move in the first direction to move the handle portion toward the deployed position (figs. 5-7),
wherein, with the base portion mounted at the door of the vehicle, the handle portion, when in the deployed position, is manually movable beyond the deployed position and away from the recessed position to actuate a latch mechanism of the door (fig. 8);
wherein the deployment mechanism, with the handle portion in the deployed position and responsive to the handle portion being moved beyond the deployed position and away from the recessed position, operates to move the handle portion toward the recessed position (para. 0049).
Och does not explicitly teach wherein an electronic switch is disposed at the base portion, and wherein, with the base portion mounted at the door of the vehicle, the electronic switch, when engaged by the handle portion or part of the deployment mechanism, is actuated to electronically actuate the latch mechanism of the door.
Aerts teaches a similar exterior door handle assembly wherein an electronic switch (402) is disposed at the base portion, and wherein, with the base portion mounted at the door of the vehicle, the electronic switch, when engaged by the handle portion or part of the deployment mechanism, is actuated to electronically actuate the latch mechanism of the door (para. 0038).
It would have been obvious to one of ordinary skill in the art to combine the teachings of Och with those of Aerts in order to utilize a sensor to actuator the locking mechanism. Utilizing a sensor to actuate the locking mechanism allows for expanded positioning options for the door handle because a mechanical linkage is not required. All the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
Regarding claim 26, Och in view of Aerts teaches the vehicular exterior door handle assembly of claim 25, Och further teaches wherein the deployment mechanism further comprises a deployment latch (64, 66) that, with the handle portion in the recessed position, engages the handle return cam to mechanically secure the handle return cam relative to the base portion (fig. 5), and wherein the handle return cam is pivotally attached to the base portion (about 56), and wherein the handle return cam, with the handle portion in the recessed position and responsive to being released, pivots in the first direction to move the handle portion toward the deployed position (fig. 5 to fig. 7).
Regarding claim 27, Och in view of Aerts teaches the vehicular exterior door handle assembly of claim 26, Och further teaches wherein the handle return cam, with the handle portion in the deployed position and responsive to the handle portion being moved beyond the deployed position and away from the recessed position, pivots in a second direction opposite the first direction and is engaged by the deployment latch to mechanically secure the handle return cam relative to the base portion (para. 0049).
Regarding claim 28, Och teaches the vehicular exterior door handle assembly of claim 25, Aerts further teaches wherein the electronic switch is engaged by the handle portion when the handle portion is moved beyond the deployed position and away from the recessed position (para. 0038).
Regarding claim 29, Och in view of Aerts teaches the vehicular exterior door handle assembly of claim 25, Aerts further teaches wherein the electronic switch is engaged by part of the deployment mechanism when the handle portion is moved beyond the deployed position and away from the recessed position (para. 0038, engaged indirectly because the sensor would not have been engaged if the handle was not deployed by the deployment mechanism).
Regarding claim 30, Och in view of Aerts teaches the vehicular exterior door handle assembly of claim 25, wherein the electronic switch is engaged by the handle portion when the handle portion is moved beyond the recessed position and away from the deployed position (para. 0038).
Conclusion
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/J.E.I./ Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675