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 § 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 5, 7, 12, 13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hirshberg US 4,413,854 in view of Lira US 4,155,233.
Regarding claim 1, Hirshberg discloses (bolded claim language):
A vehicle (A; “automobile” col. 2, line 40) comprising:
a vehicle body (9; Fig. 1; col. 2, line 40) defining an occupant compartment (see Fig. 2) and a trunk space (T; Fig. 1) wherein the trunk space (T; Fig. 1) is not wholly separated from the occupant compartment (see Fig. 2), the trunk space (T; Fig. 1) having an opening (10; Fig. 2) to an outside of the vehicle body, wherein a striker (130; Fig. 6; disclosed as an “upstanding loop” in col. 4, line 65; where a striker is commonly known as “a component in a locking mechanism that serves as the fixed point for the latch to engage”) is mounted at an edge of the opening (10; Fig. 2; namely the bottom edge of the opening as shown in Fig. 6 and pointed out in annotated Fig. 14 below);
a back door (24; Fig. 7; disclosed as a “deck lid” in col. 2, line 65 and annotated Fig. 14 below) mounted to the vehicle body (9; Fig. 1; col. 2, line 40) to provide access to the trunk space (T; Fig. 1) through the opening (see Fig. 7), wherein a latch assembly (functionally corresponding to the “lock 102; Fig 7; col. 20, line 21 and annotated Fig. 14 below) is positioned adjacent to a bottom edge of the back door (24; annotated Fig. 14 below), as shown in annotated Fig. 14 below.
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However, Hirshberg does not disclose (the highlighted language) that the specific type of lock (102; Fig. 6) is a latch assembly in an interior of the back door to actuate a latch configured to engage with the striker (130; Fig. 6; disclosed as an “upstanding loop” in col. 4, line 65) and latch the back door (24; Fig. 6; disclosed as a “deck lid” in col. 2, line 65), the latch assembly including a lever positioned in the interior of the back door (24; Fig. 6; disclosed as a “deck lid” in col. 2, line 65) to open the latch; and
a hidden access at a surface (rear inside surface thereof; pointed out in annotated Fig. 14 above) of the back door (24; Fig. 6; disclosed as a “deck lid” in col. 2, line 65) that faces the trunk space (T; Fig. 1) when the back door (24; Fig. 6; disclosed as a “deck lid” in col. 2, line 65) is closed, the hidden access allowing the lever to be actuated, wherein the hidden access is provided other than using a visible hole or a visible door on the back door.
Notwithstanding, Lira discloses a vehicle (“automobile; abstract line 1) naturally comprising a vehicle body, (as is common to all vehicles) and a trunk space (covered by deck lid 2; Fig. 1; disclosed as a “deck lid” in the abstract, line 1), the trunk space (covered by deck lid 2; Fig. 1) having an opening (4; annotated Fig. 1 below) to an outside of the vehicle body, wherein a striker (14; annotated Figs. 1 and 2 below; disclosed as a “keeper pin” in col. 2, lines 18-19; where a striker is commonly known as “a component in a locking mechanism that serves as the fixed point for the latch to engage”) is mounted at an edge of the opening (as pointed out at the middle bottom edge of annotated Fig. 1 below); a back door (2; annotated Fig. 1 below; disclosed as a deck lid in the abstract, line 1) mounted to the vehicle body to provide access to the trunk space (covered by deck lid 2; Fig. 1) through the opening (4; annotated Fig. 1 below), wherein a latch assembly (12; annotated Figs. 1 and 2 below) is positioned in an interior of the back door (as indicated in annotated Fig. 1 below, with the “interior” being identified at the top edge thereof) to actuate a latch (with latching hook 16; annotated Fig. 2 below) configured to engage with the striker (14, annotated Figs. 1 and 2 below) and latch the back door (such latching of the back door described in col. 2, lines 11-14), the latch assembly including a lever (16; annotated Fig. 2 below; disclosed as a “latching hook” in col. 2, line 17) positioned in the interior of the back door (where a portion of the lever (16; annotated Fig. 2 below) is positioned in the interior of the back door (2; annotated Fig. 1 below), with the “interior” being identified at the top edge of annotated Fig. 1 below and the dotted line in annotated Fig. 2 below being the line of demarcation between the interior and the exterior of the back door) to open the latch (with the open position of the latch (of lever 16) being illustrated in Fig. 3); and a hidden access (the access being an access opening (26; annotated Fig. 2 below) and where the access is considered to be “hidden” in the instance that the knob (37; annotated Fig. 1 below) is positioned so as to cover the access opening (26; annotated Fig. 2 below) when in place with respect to the latching mechanism (12; annotated Figs. 1 and 2 below) and when viewed from an interior of the trunk space towards the rear of the vehicle, namely towards the rear inside surface of the back door as illustrated at the left edge of annotated Fig. 1 below) at a surface (the rear inside surface as illustrated at the left edge of annotated Fig. 1 below) of the back door (2; annotated Fig. 1 below; disclosed as a deck lid in the abstract, line 1) that faces the trunk space (covered by deck lid 2; Fig. 1) when the back door (2; annotated Fig. 1 below; disclosed as a deck lid in the abstract, line 1) is closed (that is when the lever 16 is in the locked position as shown in annotated Fig. 2 below), the hidden access allowing the lever to be actuated (such actuation is permitted by way of manipulating knob (37; annotated Fig. 1 below) which moves shaft member (28; annotated Fig. 1 below) as described in col. 3, lines 8-13) wherein the hidden access is provided other than using a visible hole or a visible door on the back door, in that the hidden access is neither a visible hole when the knob (37; annotated Fig. 1 below) is in place nor a door type structure.
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A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Lira reference is considered to be relevant art in that the Lira reference is in the same field of endeavor, namely that which pertains to deck lid locking/latching configurations, as the Hirshberg reference.
Therefore, it 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 to reconfigure the locking/latching arrangement of Hirshberg comprising a latch assembly in an interior of the back door to actuate a latch configured to engage with a striker and latch the back door, the latch assembly including a lever positioned in the interior of the back door to open the latch; and a hidden access at a surface of the back door that faces the trunk space when the back door is closed, the hidden access allowing the lever to be actuated, wherein the hidden access is provided other than using a visible hole or a visible door on the back door as taught by Lira with a reasonable expectation of success so that conventional trunk locking arrangements may be converted to render the same release from inside the trunk space. Motivation provided by Lira in col. 1, lines 43-46.
Regarding claim 5, Hirshberg, in view of Lira, discloses:
The vehicle of claim 1, as explained above, wherein the hidden access comprises a component (namely the knob (37; annotated Fig. 1 above of Lira) and shaft member (28; annotated Fig. 1 above of Lira)) that is mounted to an opening (namely the access opening (26; see annotated Fig. 2 above of Lira)) in the back door (24; Fig. 6; disclosed as a “deck lid” in col. 2, line 65 and annotated Fig. 14 above of Hirshberg), the opening (namely the access opening (26; see annotated Fig. 2 above of Lira)) leading to the lever (16; annotated Fig. 2 above of Lira; disclosed as a “latching hook” in col. 2, line 17 of Lira), the component (namely the knob (37; annotated Fig. 1 above of Lira)) having at least one vehicle function (that is to be manipulated which moves shaft member (28; annotated Fig. 1 above of Lira) as described in col. 3, lines 8-13) other than covering the opening (the access opening (26; annotated Fig. 2 of Lira above)) and where the access is considered to be “hidden” in the instance that the knob (37; annotated Fig. 1 above of Lira) is positioned so as to cover the access opening (26; annotated Fig. 2 above of Lira) when in place with respect to the latching mechanism (12; annotated Figs. 1 and 2 above of Lira) and when viewed from an interior of the trunk space towards the rear of the vehicle, namely towards the rear inside surface of the back door as illustrated at the left edge of annotated Fig. 1 above of Lira), and wherein the component (namely the knob (37; annotated Fig. 1 above of Lira) and shaft member (28; annotated Fig. 1 above of Lira)) is removable (see the last four lines of the abstract of Lira) from the opening (26; Fig 2 of Lira) for use of the hidden access.
Regarding claim 7, Hirshberg, in view of Lira, discloses:
The vehicle of claim 5, as explained above, wherein the component (namely the knob (37; annotated Fig. 1 above of Lira) and shaft member (28; annotated Fig. 1 above of Lira)) is a switch in that it permits “a switch from one to another”, as defined at merriam-webster.com. Namely, it switches the latch from locked (Fig. 2 of Lira) to unlocked (Fig. 3 of Lira). Such switching or actuation is permitted by way of manipulating knob (37; annotated Fig. 1 above) which moves shaft member (28; annotated Fig. 1 above) as described in col. 3, lines 8-13.
Regarding claim 12, Hirshberg, in view of Lira, discloses:
The vehicle of claim 1, as explained above, wherein the vehicle (A; “automobile” col. 2, line 40 of Hirshberg) is a sport utility vehicle in that it can be used (has utility) to transport sorting equipment.
Regarding claim 13, Hirshberg discloses (bolded claim language):
A back door (24; Fig. 7 and annotated Fig. 14 above) for a trunk space (T; Fig. 1; annotated Fig. 14 above), of a vehicle (A; “automobile” col. 2, line 40), the back door (24; Fig. 7 and annotated Fig. 14 above) comprising:
a back door body (24; Fig. 7; disclosed as a “deck lid” in col. 2, line 65 and annotated Fig. 14 above) mounted to the vehicle body (9; Fig. 1; col. 2, line 40) configured to provide access to the trunk space (T; Fig. 1) through an opening (10; Fig. 2) of the trunk space (T; Fig. 1; annotated Fig. 14 above); and
a latch assembly (functionally corresponding to the “lock 102; Fig 7; col. 20, line 21 and annotated Fig. 14 above) is positioned adjacent to a bottom edge of the back door (24; annotated Fig. 14 above), as shown in annotated Fig. 14 above, wherein a striker (130; Fig. 6; disclosed as an “upstanding loop” in col. 4, line 65; where a striker is commonly known as “a component in a locking mechanism that serves as the fixed point for the latch to engage”), of the latch assembly, is mounted at an edge of the opening (10; Fig. 2; namely the bottom edge of the opening as shown in Fig. 6 and pointed out in annotated Fig. 14 above);
However, Hirshberg does not disclose (the highlighted language) that the specific type of lock (102; Fig. 6) is a latch assembly positioned in an interior of the back door back door body to actuate a latch configured to engage with a striker (130; Fig. 6; disclosed as an “upstanding loop” in col. 4, line 65) and latch the back door (24; Fig. 6; disclosed as a “deck lid” in col. 2, line 65), the latch assembly including a lever positioned in the interior of the back door (24; Fig. 6; disclosed as a “deck lid” in col. 2, line 65) to open the latch; and
a hidden access at a surface (rear inside surface thereof; pointed out in annotated Fig. 14 above) of the back door (24; Fig. 6; disclosed as a “deck lid” in col. 2, line 65) that faces the trunk space (T; Fig. 1) when the back door (24; Fig. 6; disclosed as a “deck lid” in col. 2, line 65) is closed, the hidden access allowing the lever to be actuated, wherein the hidden access is provided other than using a visible hole or a visible door on the back door.
Notwithstanding, Lira discloses a vehicle (“automobile; abstract line 1) naturally comprising a vehicle body, (as is common to all vehicles) and a trunk space (covered by deck lid 2; Fig. 1; disclosed as a “deck lid” in the abstract, line 1), the trunk space (covered by deck lid 2; Fig. 1) having an opening (4; annotated Fig. 1 above) to an outside of the vehicle body, wherein a striker (14; annotated Figs. 1 and 2 below; disclosed as a “keeper pin” in col. 2, lines 18-19; where a striker is commonly known as “a component in a locking mechanism that serves as the fixed point for the latch to engage”) is mounted at an edge of the opening (as pointed out at the middle bottom edge of annotated Fig. 1 above); a back door (2; annotated Fig. 1 above; disclosed as a deck lid in the abstract, line 1) mounted to the vehicle body to provide access to the trunk space (covered by deck lid 2; Fig. 1) through the opening (4; annotated Fig. 1 above), wherein a latch assembly (12; annotated Figs. 1 and 2 above) is positioned in an interior of the back door (as indicated in annotated Fig. 1 above, with the “interior” being identified at the top edge thereof) to actuate a latch (with latching hook 16; annotated Fig. 2 above) configured to engage with the striker (14, annotated Figs. 1 and 2 above) and latch the back door (such latching of the back door described in col. 2, lines 11-14), the latch assembly including a lever (16; annotated Fig. 2 below; disclosed as a “latching hook” in col. 2, line17) positioned in the interior of the back door (where a portion of the lever (16; annotated Fig. 2 above) is positioned in the interior of the back door (2; annotated Fig. 1 below), with the “interior” being identified at the top edge of annotated Fig. 1 above and the dotted line in annotated Fig. 2 above being the line of demarcation between the interior and the exterior of the back door) to open the latch (with the open position of the latch (of lever 16) being illustrated in Fig. 3); and a hidden access (the access being an access opening (26; annotated Fig. 2 above) and where the access is considered to be “hidden” in the instance that the knob (37; annotated Fig. 1 above) is positioned so as to cover the access opening (26; annotated Fig. 2 above) when in place with respect to the latching mechanism (12; annotated Figs. 1 and 2 above) and when viewed from an interior of the trunk space towards the rear of the vehicle, namely towards the rear inside surface of the back door as illustrated at the left edge of annotated Fig. 1 above) at a surface (the rear inside surface as illustrated at the left edge of annotated Fig. 1 above) of the back door (2; annotated Fig. 1 above; disclosed as a deck lid in the abstract, line 1) that faces the trunk space (covered by deck lid 2; Fig. 1) when the back door (2; annotated Fig. 1 above; disclosed as a deck lid in the abstract, line 1) is closed (that is when the lever 16 is in the locked position as shown in annotated Fig. 2 above), the hidden access allowing the lever to be actuated (such actuation is permitted by way of manipulating knob (37; annotated Fig. 1 above) which moves shaft member (28; annotated Fig. 1 above) as described in col. 3, lines 8-13) wherein the hidden access is provided other than using a visible hole or a visible door on the back door, in that the hidden access is neither a visible hole when the knob (37; annotated Fig. 1 above) is in place nor a door type structure.
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Lira reference is considered to be relevant art in that the Lira reference is in the same field of endeavor, namely that which pertains to deck lid locking/latching configurations, as the Hirshberg reference.
Therefore, it 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 to reconfigure the locking/latching arrangement of Hirshberg comprising a latch assembly in an interior of the back door to actuate a latch configured to engage with a striker and latch the back door, the latch assembly including a lever positioned in the interior of the back door to open the latch; and a hidden access at a surface of the back door that faces the trunk space when the back door is closed, the hidden access allowing the lever to be actuated, wherein the hidden access is provided other than using a visible hole or a visible door on the back door as taught by Lira with a reasonable expectation of success so that conventional trunk locking arrangements may be converted to render the same release from inside the trunk space. Motivation provided by Lira in col. 1, lines 43-46.
Regarding claim 17, Hirshberg in view of Lira discloses:
The back door of claim 13, as explained above, wherein the hidden access comprises a component (namely the knob (37; annotated Fig. 1 above of Lira) and shaft member (28; annotated Fig. 1 above of Lira)) that is mounted to an opening (namely the access opening (26; see annotated Fig. 2 above of Lira)) in the back door (24; Fig. 6; disclosed as a “deck lid” in col. 2, line 65 and annotated Fig. 14 above of Hirshberg), the opening (namely the access opening (26; see annotated Fig. 2 above of Lira)) leading to the lever (16; annotated Fig. 2 above of Lira; disclosed as a “latching hook” in col. 2, line 17 of Lira), the component (namely the knob (37; annotated Fig. 1 above of Lira) having at least one vehicle function (that is to be manipulated which moves shaft member (28; annotated Fig. 1 above of Lira) as described in col. 3, lines 8-13) other than covering the opening (the access opening (26; annotated Fig. 2 of Lira above) and where the access is considered to be “hidden” in the instance that the knob (37; annotated Fig. 1 above of Lira) is positioned so as to cover the access opening (26; annotated Fig. 2 above of Lira) when in place with respect to the latching mechanism (12; annotated Figs. 1 and 2 above of Lira) and when viewed from an interior of the trunk space towards the rear of the vehicle, namely towards the rear inside surface of the back door as illustrated at the left edge of annotated Fig. 1 above of Lira), and wherein the component (namely the knob (37; annotated Fig. 1 above of Lira) and shaft member (28; annotated Fig. 1 above of Lira)) is removable (see the last four lines of the abstract of Lira) from the opening (26; Fig. 2 of Lira) for use of the hidden access.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hirshberg US 4,413,854 in view of Lira US 4,155,233, as applied above to claim 5, and further in view of Ferro et al. US 5,445,326
Regarding claim 6, Hirshberg, in view of Lira, discloses: a vehicle trunk or deck lid interior release assembly (see the title of Lira) with a release knob (37; Fig. 1 of Lira): and
The vehicle of claim 5, as explained above, except wherein the component is a reflector, namely the knob (37; Fig. 1 of Lira) includes a reflective material thereon.
Notwithstanding, Ferro et al. disclose an emergency trunk interior release assembly having a luminescent (reflective) coating thereon. See col. 3, lines 55-59.
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Ferro et al. reference is considered to be relevant art in that the Ferro et al. reference is in the same field of endeavor, namely that which pertains to emergency deck lid or trunk release configurations as Hirshberg, in view of Lira.
Therefore, it 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 to provide the interior release know of Hirshberg, in view of Lira, with a luminescent (reflective) coating thereon as taught by Ferro et al. with a reasonable expectation of success so as to be readily visible by a person contained inside the trunk compartment. Motivation provided by Ferro et al., col. 3, lines 58-59.
Claim 10, 11, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hirshberg US 4,413,854 in view of Lira US 4,155, 233, as applied above to claim 1 and further in view of Roessler US 6,369,395.
Regarding claim 10, Hirshberg, in view of Lira, disclose:
The vehicle of claim 1, as explained above, except (the highlighted language) wherein the latch assembly comprises a remote assist component that is separate from the latch, the remote assist component mounted in the interior of the back door, the remote assist component configured to actuate the latch using a cable connected between the remote assist component and the latch.
Notwithstanding, Roessler discloses an emergency truck release arrangement including a remote assist component (12; Fig. 1) that is separate from a latch (14; Fig. 1), the remote assist component (12; Fig. 1) which includes handle 54 within a recessed housing as shown in annotated Fig. 3 below, is mounted in the interior (shaded portion in annotated Fig. 3 below) of the back door (20; Fig. 3; which shows the handle and recessed housing), the remote assist component (12; Fig. 1) configured to actuate (see col. 3, lines 48-54) the latch (14; Fig. 1) using a cable (16; Fig. 1) connected between the remote assist component (specifically, the handle 54 thereof; Fig. 1) and the latch (14; Fig. 1).
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A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Roessler reference is considered to be relevant art in that the Roessler reference is in the same field of endeavor, namely that which pertains to pertains to emergency deck lid or trunk release configurations, as Hirshberg, in view of Lira,
Therefore, it 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 to provides the latch assembly of Hirshberg, in view of Lira, with an additional remote assist component as taught by Roessler with a reasonable expectation of success so that the trunk of deck led may be opened in case of an emergency and when the knob and shaft member are not available to unlock the latch.
Regarding claim 11, Hirshberg, in view of Lira and Roessler, disclose:
The vehicle of claim 10, as explained above, wherein the lever (16; annotated Fig. 2 above of Lira) is located at the latch in that is it part of the latch as shown in annotated Fig. 2 above of Lira, and wherein the hidden access (the access being an access opening (26; annotated Fig. 2 above of Lira) and where the access is considered to be “hidden” in the instance that the knob (37; annotated Fig. 1 above of Lira) is positioned so as to cover the access opening (26; annotated Fig. 2 above of Lira) when in place with respect to the latching mechanism (12; annotated Figs. 1 and 2 above of Lira) and when viewed from an interior of the trunk space towards the rear of the vehicle, namely towards the rear inside surface of the back door as illustrated at the left edge of annotated Fig. 1 above of Lira) is positioned adjacent the latch assembly (12; annotated Figs. 1 and 2 above of Lira) as can be seen in annotated Figs. 1 and 2 above of Lira.
Regarding claim 19, Hirshberg, in view of Lira, disclose:
The vehicle of claim 13, as explained above, except (the highlighted language) wherein the latch assembly comprises a remote assist component that is separate from the latch, the remote assist component mounted in the interior of the back door, the remote assist component configured to actuate the latch using a cable connected between the remote assist component and the latch.
Notwithstanding, Roessler discloses an emergency truck release arrangement including a remote assist component (12; Fig. 1) that is separate from a latch (14; Fig. 1), the remote assist component (12; Fig. 1) which includes handle 54 within a recessed housing as shown in annotated Fig. 3 below, is mounted in the interior (shaded portion in annotated Fig. 3 below) of the back door (20; Fig. 3; which shows the handle and recessed housing), the remote assist component (12; Fig. 1) configured to actuate (see col. 3, lines 48-54) the latch (14; Fig. 1) using a cable (16; Fig. 1) connected between the remote assist component (specifically, the handle 54 thereof; Fig. 1) and the latch (14; Fig. 1).
A person of ordinary skill in the art is someone presumed to have known the relevant art at the relevant time. The Roessler reference is considered to be relevant art in that the Roessler reference is in the same field of endeavor, namely that which pertains to pertains to emergency deck lid or trunk release configurations, as Hirshberg, in view of Lira,
Therefore, it 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 to provides the latch assembly of Hirshberg, in view of Lira, with an additional remote assist component as taught by Roessler with a reasonable expectation of success so that the trunk of deck led may be opened in case of an emergency and when the knob and shaft member are not available to unlock the latch.
Regarding claim 20, Hirshberg, in view of Lira and Roessler, disclose:
The vehicle of claim 19, as explained above, wherein the lever (16; annotated Fig. 2 above of Lira) is located at the latch in that is it part of the latch as shown in annotated Fig. 2 above of Lira, and wherein the hidden access (the access being an access opening (26; annotated Fig. 2 above of Lira) and where the access is considered to be “hidden” in the instance that the knob (37; annotated Fig. 1 above of Lira) is positioned so as to cover the access opening (26; annotated Fig. 2 above of Lira) when in place with respect to the latching mechanism (12; annotated Figs. 1 and 2 above of Lira) and when viewed from an interior of the trunk space towards the rear of the vehicle, namely towards the rear inside surface of the back door as illustrated at the left edge of annotated Fig. 1 above of Lira is positioned adjacent the latch assembly (12; annotated Figs. 1 and 2 above of Lira) as can be seen in annotated Figs. 1 and 2 above of Lira.
Allowable Subject Matter
Claims 2-4, 8-9, 14-16 and 18 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:
Regarding claims 2 and 14, the recitation that the hidden access comprises trim mounted to the surface and an opening that is hidden by the trim, the opening leading to the lever, wherein the trim is significantly larger than the opening, the trim configured for deflection at the opening for use of the hidden access is neither taught nor fairly suggested by the prior art of record. The hidden access (opening 26, annotated Fig. 2 above of Lira) is only disclosed as being functionally associated with a knob (37; annotated Fig. 1 above of Lira) and shaft member (28; annotated Fig. 1 above of Lira). No prior art of record discloses a hidden access, as recited in parent claim 1, which includes an opening hidden by trim which is significantly larger than the opening as recited in claim 2. It would not have been obvious to add such a trim to the access opening of Lira because doing so would destroy the primary function of the access opening which is to readily permit the shaft (28; annotated Fig. 1 above of Lura) to be inserted therein in an emergency to unlock the latch.
Claims 3 and 4 are considered to contain allowable subject matter at least due to their dependence upon claim 2 which contains allowable subject matter.
Regarding claim 8, the recitation that the “component” is a lamp is not taught nor fairly suggested by the prior art of record. The “component” as recited in parent claim 5 is considered to be the knob (37; annotated Fig. 1 above of Lira) and shaft member (28; annotated Fig. 1 above of Lira). It would not have been obvious to modify the knob of Lira to be a lamp because it is selectively detached from the back door and thus, would not be conducive to be provided with an electrical connection to power such a lamp. Also, the prior art of record, such as Ang et al. US 6,209,933, solves the problem of darkness in a closed trunk compartment by illuminating the device to operate that unlocks the latch in an emergency. For example, Ang et al., illuminates a handle (28; Figs. 3 and 4) that unlocks a latch by use of a light source (48; Figs. 3 and 4) shining on the handle. The handle, or latch unlocking device, itself is not a light or lamp.
Claim 9 is considered to contain allowable subject matter at least due to its dependence upon claim 8 which contains allowable subject matter.
Claims 15 and 16 are considered to contain allowable subject matter at least due to their dependence upon claim 14 which contains allowable subject matter.
Claim 18, which claims that the component is a specific type of lamp is considered to contain allowable subject matter for the same reasons given above with respect to claim 8.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ang et al. US 6,209,933, solves the problem of darkness in a closed trunk compartment by illuminating the device to operate that unlocks the latch in an emergency,. Namely, a handle (28; Figs. 3 and 4) that unlocks a latch is illuminated by a light source (48; Figs. 3 and 4) shining thereon.
KR 2002014862 discloses a handle for an emergency trunk release which is recessed in a wall of the trunk led. This reference is pertinent to the recitation in current claims 10 and 19 of a remote assist component mounted in the interior of the back door.
McGhee US 3,992,909 discloses an access hole (39; Fig. 2 below) in a back door of a trunk for accessing a latch (32-34; Fig. 2 below) as a safety release. However, the hole is visible around the edges of pull ring 52 (Fig. 2 below) which is specifically ruled out as reading on claims 1 and 13 based upon the recitation on the last two lines of claims 1 and 13 of “the hidden access is provided other than using a visible hole”.
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Knott US 4,080,812 discloses another emergency release mechanism (52; Fig. 4) for a trunk lid. However, the latch (76; Fig. 4) of the arrangement is not “in an interior of the back door” as is required by claims 1 and 13.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph D. Pape whose telephone number is (571)272-6664. The examiner can normally be reached Monday to Friday 7 AM-3:30 PM.
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/Joseph D. Pape/Primary Examiner, Art Unit 3612
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