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 .
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.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 522’. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 2, 5-7, 12, and 14 are objected to because of the following informalities:
In regards to claim 2, line 4, a comma should be inserted after the phrase “attached to the external side of the vehicle door.”
In regards to claim 5, line 2, the phrase “each switch element” should be changed to “each of the at least two switch elements,” in line 3, the phrase “the switch elements” should be changed to “the at least two switch elements,” and in line 5, the phrase “at least one of the switches” should be changed to “at least one of the one or more switches.”
In regards to claim 6, line 1, the phrase “each switch element” should be changed to “each of the at least two switch elements.”
In regards to claim 7, line 3, commas should be inserted before and after the phrase “when activated,” and in line 4, a comma should be inserted after the phrase “second switches.”
In regards to claim 12, line 2, the word “form” should be changed to “from.”
In regards to claim 14, line 2, the phrase “an external side” should be changed to “the external side.”
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.
Claims 5-8 and 14 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regards to claims 5 and 6, it is unclear how many switch elements applicant intends to claim since the claims recite “at least two switch elements,” “each switch element,” and “the switch elements.” For examination purposes, the claims will be examined as reciting at least two switch elements throughout. See claim objections above.
In regards to claim 5, it is unclear how many switches applicant intends to claim since the claim recites “one or more switches” as well as “at least one of the switches.” For examination purposes, the phrase “at least one of the switches” will be examined as “at least one of the one or more switches” so as to coincide with the language used earlier in the claim. See claim objections above.
In regards to claim 14, the relationship between the “external side” of the vehicle door, as recited in claim 14, and the “external side” of the vehicle door, as recited in claim 1, is unclear from the claim language. It is understood from the specification that the “external side” of the vehicle door of claim 14 is equivalent to the “external side” of the vehicle door of claim 1, and will be examined as such. See claim objections above.
In regards to claims 7 and 8, these claims are rejected under 35 U.S.C. 112(b) because they depend from claim 5.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, and 9-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Patel et al. (US Pub. No. 2024/0183204).
In regards to claim 1, Patel et al. discloses an assembly for opening and/or closing a vehicle door, the assembly comprising: a grip member 58 configured to be attached to an external side of a vehicle door 12 (Figure 2), the grip member comprising: a base (see Figure 5 below) configured to extend from the vehicle door when the grip member is attached to the external side of the vehicle door; and a gripping part (see Figure 5 below) extending from the base and toward an upper direction when the grip member is attached to the external side of the vehicle door; and an electronic switch subassembly 78 attached to the grip member and configured to be activated by a user’s touch so as to send a signal to an electronic latch to open the vehicle door, the electronic switch subassembly comprising a switch contact area 80 (Figure 4) facing towards the external side of the vehicle door when the grip member is attached to the external side of the vehicle door (open or unlock the door, Paragraph 48).
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In regards to claim 2, Patel et al. discloses that the gripping part comprises a traction surface (see Figure 5 above) configured to permit exerting a traction on the grip member so as to pull on the vehicle door (the surface providing the structure for a user to pull on the door), the traction surface facing the vehicle door when the grip member is attached to the external side of the vehicle door (Figure 2-5), and wherein the switch contact area is located within the traction surface when the electronic switch subassembly is attached to the grip member (Figures 4 and 5).
In regards to claim 3, Patel et al. discloses a light source subassembly 84 comprising a light source (Paragraphs 50 and 51) arranged so that at least part of the light source fades away from the vehicle door when the grip member is attached to the external side of the vehicle (Figures 2-5).
In regards to claim 5, Patel et al. discloses that the electronic switch subassembly comprises at least two switch elements 82A, 82B, 82C, each of the at least two switch elements comprising one or more switches (each comprising one switch, Figure 4), the at least two switch elements being arranged at different positions with respect to the switch contact area so that a user’s touch on the switch contact area activates at least one of the one or more switches (Figure 4).
In regards to claim 9, Patel et al. discloses a housing 86 comprising the electronic switch subassembly (Figure 5), the housing being configured to as to be received, at least in part, within an inner space of the gripping part (Figure 5).
In regards to claim 10, Patel et al. discloses that the housing is configured so as to be removably attached to the gripping part (removably attached by at least fasteners 98A and 98B, Figure 5).
In regards to claim 11, Patel et al. discloses a fixation element 30, 56 configured to be attached to the vehicle door, wherein an aperture is arranged in the fixation element so as to receive at least a part of the grip member (at least part of the aperture defined by the seam 61, Figure 4).
In regards to claim 12, Patel et al. discloses a method for mounting the assembly according to claim 11 on the vehicle door, the vehicle door including a belt line (location of portion 30, Figures 1 and 2) from which a window glass 28 is configured to extend, the method comprising: assembling the electronic switch subassembly to the grip member (apparent assembly from Figure 5); arranging at least a part of the assembled electronic switch subassembly and the grip member in the aperture of the fixation element (Figure 3); and attaching the fixation element to the vehicle door (Figures 1 and 2).
In regards to claim 13, Patel et al. discloses a vehicle door comprising the assembly according to claim 1 and a belt line (location of portion 30, Figures 1 and 2) from which a window glass 28 is configured to extend (Figures 1 and 2).
In regards to claim 14, Patel et al. discloses that the grip member is attached to the external side of the vehicle door, at the belt line (Figures 1 and 2).
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.
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patel et al. (US Pub. No. 2024/0183204) in view of Fukui et al. (US-11167624). Patel et al. discloses the assembly as applied to claims 1 and 3 above, but fails to specify that the light source subassembly comprises a window part that is at least partially transparent to light emitted by the light source. Fukui et al. discloses a light source subassembly (Figure 1) that comprises a window part 310 that is at least partially transparent to light emitted by a light source 11 (Col. 7, lines 12-18). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to specify an at least partially transparent window part, with reasonable expectation of success, so as to protect the light source and to allow the light source project visible light from the assembly.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Patel et al. (US Pub. No. 2024/0183204) in view of Lammich et al. (US Pub. No. 2021/0262254).
In regards to claim 6, Patel et al. discloses the assembly as applied to claims 1 and 5 above, with each of the at least two switch elements including a single switch (Figure 4), but fails to disclose that each of the at least two switch elements comprises a first switch and a second switch, the electronic switch subassembly being activated when: at least one of the first switches is activated, and at least one of the second switches is activated. Lammich et al. teaches an electronic switch subassembly (Figure 6) including at least two switch elements (grouping of switches 1 and 2 form one switch element, grouping of switches 16 and 7 form another switch element, and grouping of switches 18 and 19 form the last switch element, Figure 6) that each comprise a first switch 1, 16, 18 and a second switch 2, 17, 19, the electronic switch subassembly being activated when: at least one of the first switches is activated, and at least one of the second switches is activated (closing of at least one of the first and second switches causing activation, Figure 5). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include a second switch for each of the at least two switch elements of Lammich et al., with reasonable expectation of success, in order to aid in detecting a user activating the electronic switch subassembly.
In regards to claim 7, Lammich et al. teaches that the first switches and the second switches are configured such that an output signal sent by each of the first switches, when activated, is inverted with respect to an output signal sent by each of the second switches, when activated (Paragraphs 18-50).
In regards to claim 8, Lammich et al. teaches that the electric switch subassembly comprises a first electrical subcircuit (circuit with components 1, 3a, 3b, 4, 16, 18, and 6 in Figure 5), and a second electrical subcircuit (circuit portion with components 2, 17, 19, 9, 7, 3a, 3b, and 8 in Figure 5) connecting the second switch elements together, the first electrical subcircuit being distinct from the second electrical subcircuit (Figure 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSON MERLINO whose telephone number is (571)272-2219. The examiner can normally be reached Monday - Friday 7 AM to 3 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 February 3, 2026