DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office 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 .
Response to Arguments
Applicant’s arguments from the response filed on 16 December 2025 have been fully considered and will be addressed below in the order in which they appeared.
Applicant appears to have resolved the source of issues raised in objection and 112 rejection. The objection and 112 rejections are withdrawn.
Concerning the reference of Sobecki, applicant argues that which is not positively recited. The prior art evaluation is limited to the structure and function disclosed. The thought process as to what a designer of the prior art may or may not have intended concerning pinching cannot not be known and appears to by conjecture and/or opinion rather than evidence as to why the prior art reference does not disclose or has some deficiency in disclosing the applicant’s claims as written. The argument is unpersuasive
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.
Claim(s) 1-4, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sobecki (US 2020/0102773).
Regarding claim 1, Sobecki discloses a handle for a vehicle door, the handle comprising:
a grip member (116) movable between:
a flush position (Fig.36) in which the grip member is configured to extend flush to an external panel of the vehicle door,
an active position (Fig.28) in which the grip member is configured to project with respect to the external panel of the vehicle door and becomes graspable, and
an opening position (Fig.30) in which the grip member is configured to permit the handle to cooperate with a latch of a vehicle door to unlatch the vehicle door;
a first actuation mechanism (134) configured to cooperate with the grip member, the first actuation mechanism comprising a first return element (connection between 134 and 126) configured to drive (connected) the first actuation mechanism toward a rest position of the first actuation mechanism so as to bring the grip member toward the flush position;
a second actuation mechanism (132) configured to cooperate with the grip member, the second actuation mechanism comprising a second return element (connection 132, 124) configured to drive the second actuation mechanism toward a rest position of the second actuation mechanism so as to bring the grip member toward the flush position; and
a third actuation mechanism (158) moveable between:
an active position in which the third actuation mechanism is configured to cooperate with the first actuation mechanism and to urge the first actuation mechanism toward an active position of the first actuation mechanism, and
a rest position in which the third actuation mechanism is configured to a release the first actuation mechanism;
a force transmitting rod (121) connecting the first actuation mechanism and the second actuation mechanism; and
a third return element (123) deformable between an initial position and a deformed position,
wherein the handle is configured such that the third return element participates in bringing the grip member toward the flush position in case the first return element and second return element are insufficient to bring the grip member toward the flush position ([0071]).
Regarding claim 2, Sobecki discloses the handle according to Claim 1 wherein the handle is configured such that the grip member (116) can be brought toward the flush position (Fig.36):
during a first part of a stroke, by a motorized over-run of the third actuation mechanism from the rest position of the third actuation mechanism, and
during a second part of the stroke, by the first return element (connection between 134 and 126), second return element (connection 132, 124) and third return element (158).
Regarding claim 3, Sobecki discloses the handle according to Claim 2, wherein the third return element (158) is configured to be driven from the initial position (Fig.35) toward the deformed position(Fig.34) by the motorized over-run of the third actuation mechanism and is configured to return toward the initial position so as to participate in bringing the grip member toward the flush position.
Regarding claim 4, Sobecki discloses the handle according to Claim 1, wherein the handle (116) comprises a back-up device (132) connecting the third actuation mechanism to the force transmitting rod (121), the back-up device comprising the third return element ( Fig. 36).
Regarding claim 10, Sobecki discloses the handle according to Claim 1, wherein the handle further comprises an obstacle detection system ([0086, l.10]) configured to measure whether there is an obstacle inhibiting the grip member from being brought toward the flush position, the obstacle detection system comprising a sensor located on the grip member ([0091], l.4).
Regarding claim 11, Sobecki discloses the handle according to Claim 10, wherein, when an obstacle is detected, the obstacle detection system controls the third actuation mechanism so that the third return element ([0091], l.14, actuator) participates in bringing the grip member toward the flush position.
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.
Claim 9 are rejected under 35 U.S.C. 103(a) as being unpatentable over Sobecki (US 2020/0102773) in view of Karlein et al. (US 11,332,963).
Regarding claim 9, Sobecki discloses the handle according to Claim 1, wherein the third return element is a spring.
Sobecki does not disclose: a compression spring.
Karlein et al. teaches compression for the purpose of providing compression spring element with a progressive spring characteristic (c.3, l.31).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Sobecki with a compression spring.as taught by Karlein et al. for the expected benefit of compression spring element with a progressive spring characteristic replacing one functional equivalent biasing element with another.
Allowable Subject Matter
Claims 5-8 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.
The following is a statement of reasons for the indication of allowable subject matter: Sobecki discloses the limitations of the handle except: a linking rod and a sliding element, the sliding element is arranged in the force transmitting rod, the linking rod comprising a first end cooperating with the third actuation mechanism and a second end cooperating with the sliding element so as to drive the sliding element, the sliding element comprising the third return element.
The structural elements and their arrangement are not represented in the refence of Sobecki, further there is no teaching that would not require hindsight and destruction of the primary reference to achieve a fully functional device.
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.
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 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