DETAILED ACTION
This action is in response to the applicant’s reply filed on April 27, 2026. Claims 1 and 3-16 are pending and addressed below.
Response to Amendment
In response to the applicant’s amendments 1, 2, and 14 to correct issues of indefiniteness and provide further clarity to the claims. The rejections of claims 1-14 under 35 USC 112(b) have been withdrawn.
In response to the Applicant’s amendments to claim 1, to include additional limations, previously included in claim 2, the rejections of claims 1, 7 and 11-14 under 35 U.S.C. 102(a)(1) as being anticipated by Vitale et al., US 2007/0267888 (hereinafter Vitale) have been withdrawn.
Claims 1-7 and 14 have been amended. Claim 2 is cancelled. Claims 15 and 16 are newly added. Claims 1 and 3-16 are pending and addressed below.
Response to Arguments
Applicant's arguments filed April 27, 2026 have been fully considered but they are not persuasive.
Regarding claims 1 and 2, applicant has amended claim 1 to include the limitations of previously rejected claim 2. Applicant has argued that Gallinato, French Patent No. 2835872 (hereinafter Gallinato) (all citations are to English translation dated 2026) fails to disclose “a metal plate” and “a stalk” as recited in amended claim 1. Specifically, the Applicant has argued that one of ordinary skill in the art would understand that the bar 36 of Gallinato is not a metal plate and the groove 64 of Gallinato is not a stalk, however the Examiner disagrees. On review of the Specification as filed on December 14, 2023 (hereinafter Specification), “the stalk” is described as comprising “a hollow region 25 so that connecting cable 7 enters the stalk through the hollow region 25” (Specification, par [0046]). The stalk (groove 64) clearly meets this description. Regarding the metal plate, the bar 36 of Gallinato clearly meets the limations of “the metal plate” as it is a thin, flat strip of metal. There are no additional limitations in amended claim 1 which would further distinguish the claimed “metal plate” and “stalk” from the bar 36 and groove 64 of Gallinato, respectively. From review of Figures 2-3 of Gallinato the bar 64 (metal plate) is clearly movable about the groove 64 (stalk) as it moves towards and away from the groove 64 (stalk) as the groove rotates. For these reasons Gallinato clearly discloses the limitations of amended claim 1.
Regarding claims 7-10, 12, and 14-15, the arguments as presented above with respect to claims 1 and 2 are equally applicable to claims 7-10, 12, and 14-15.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 7-8, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gallinato, French Patent No. 2835872 (hereinafter Gallinato) (all citations are to English translation dated 2026).
Claim 1: Gallinato discloses an assisting system (actuating device 22) for closing a driver’s door (door 18) in a vehicle (motor vehicle 10) (see Fig 1), especially in a heavy-duty vehicle, comprising:
a pedal (vehicle’s clutch pedal 16) movable between a high position and a low position (depressed position);
a door check strap (drive 30, bar 36) arranged in the driver’s door (18) (30 is located in driver’s door 18 as shown in Fig 1) and configured to be able to act on a degree of opening of the driver’s door (18) (shown in Fig 1); and
a connecting cable (cable 24) for linking the pedal (16) to the door check strap (30, 36);
the door check strap (30, 36) being configured such that when the pedal (16) moves from the high position to the low position (depressed position), the connecting cable (24) pulls part of the door check strap (30, 36) so that the driver’s door moves from a maximum open position (see Fig 2) to a closed position (see Fig 3) or to an intermediate open position (see Fig 2-4, pg 4).
Claim 2: Gallinato discloses the door check strap (30, 36) comprises a metal plate (bar 36 is a metal plate) fixedly secured to the driver’s door (18) and linked (via connecting rod 48) to the connecting cable (24) (as shown in Fig 2-3, pg 5), and the door check strap comprises a stalk (groove 64) having a proximal end (end located at the opposite end of groove 64 from end 63) and a distal end (at 63), wherein the metal plate (36) is movable relative to the stalk (64), so that when the pedal (16) passes from the high position (shown in Fig 2) to the low position (depressed position) (shown in in Fig 3), the connecting cable (24) pulls the metal plate (36), initially close to the distal end (at 63) (shown in Fig 2), along the stalk (64) away from the distal end towards the proximal end (bar 36 has moved inward as shown in Fig 3).
Claim 7: Gallinato discloses wherein the pedal (16) is fixed at an end of a pivoting element (actuator unit 26) pivotable around a pivot axis (lower axis "E" with Fig 6-9, pg 6-7) and the connecting cable (24) is fixed at the other end of the pivoting element (actuator unit 26) (see Fig 6-9, pg 6-7).
Claim 8: Gallinato discloses that the connecting cable (24) remains in tension whatever the position of the driver’s door (18) and of the pedal (16) (cable 24 is fixed to the end 63 of the groove 64 so as to wind around the wheel 32, see Fig 2-3, this necessarily keeps the cable in tension).
Claim 12: Gallinato discloses wherein the connecting cable (24) is chosen in the group consisting of a cable, a metal rod, a stiff object (cable 24) (see abstract).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gallinato in view of Dowling, US 1,607,062 (hereinafter Dowling).
Claim 9: Gallinato discloses wherein the pedal (16) has a height from the floor (see Fig 1) of a cab (passenger compartment 12) of the vehicle (10), in the high position (see when pedal 16 is not depressed), when the driver’s door (door 18) is in the maximum open position (enabling the door to be closed by depressing the pedal 16, abstract), equal to a+h (when pedal is not depressed height is the equivalent of a+h).
Gallinato is silent as to the height of an acceleration pedal of the vehicle, in an initial position, from the floor being equal to a.
Dowling discloses vehicle pedals located at the same height in rest position with the door closed (see Fig 1)
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the height of the pedal in the high position to be greater by h than the height a of the accelerator pedal in the initial position, as this modification would have yielded the predictable results of both pedals in a position at the same height when the door is closed as disclosed by Dowling and the vehicle is ready for operation. One of ordinary skill in that art would have been capable of making such a modification and recognized that the predictable results would lead to a vehicle with equal height pedals when ready for operation.
Claim 10: Gallinato, as modified by Dowling, discloses wherein the pedal (16), in the low position thereof (depressed position), when the driver’s door (76) is in the closed position or in said intermediate open position (in between depressed and non-depressed position), has a height equal to a (Dowling, height of vehicle pedals in rest position with door closed is equal, see Fig 1).
Claim(s) 14-15 s/are rejected under 35 U.S.C. 103 as being unpatentable over Gallinato in view of Posa, US 5,549,348 (hereinafter Posa).
Claim 14: Gallinato discloses a vehicle comprising a driver’s door (door 18) and the assisting system (actuating device 22) of claim 1 (see Fig 1).
Gallinato is silent as to a heavy-duty vehicle comprising a driver’s door and the assisting system of claim 1.
Posa discloses a heavy-duty vehicle with a driver’s door and a door closer mechanism for heavy trucks (see abstract, Fig 1, 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the vehicle of Gallinato to include a heavy duty vehicle comprising a driver’s door and assisting system as disclosed by Posa as one of ordinary skill in the art could have substituted one known vehicle for another known vehicle and the results of the substitution would have been predictable and the assisting system would close the driver’s door on the heavy duty vehicle (Posa, abstract, Fig 1).
Claim 15: Gallinato is silent as to wherein the vehicle is a heavy-duty vehicle.
Posa discloses a door closer mechanism for heavy trucks (see abstract, Fig 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the vehicle of Gallinato to include a heavy duty vehicle as disclosed by Posa as one of ordinary skill in the art could have substituted one known vehicle for another known vehicle and the results of the substitution would have been predictable and the assisting system would close the driver’s door on the heavy duty vehicle (Posa, abstract, Fig 1).
Allowable Subject Matter
Claim 3-6, 11, 13, and 16 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: The claims contain allowable subject matter over the closest prior art as cited above.
Regarding claims 3-6, 13 and 16, Vitale and Gallinato fail to disclose wherein the proximal end of the stalk comprises a loop to be attached to a vehicle’s body and rotative relative to the stalk, notably rotative about an axis substantially perpendicular to the stalk, wherein the stalk is arranged so as to enter and lodge into an empty slot inside the driver’s door when the metal plate is pulled away from the distal end towards the proximal end, wherein the metal plate has an opening through which the stalk passes, the door check strap comprising rollers arranged in the opening between the stalk and the metal plate, wherein the stalk comprises a hollow region so that the connecting cable enters the stalk through the hollow region from one end and is attached to the metal plate.
Fyre et al., US 5,002,331 (hereinafter Fyre) discloses a pedal actuated vehicle door closer that includes a door check strap (bias means 50) and a connecting cable (web 30) for linking the pedal (20) to the door check strap (50) and a stalk (tube 56) with a hollow region inside of the stalk (see Fig 2-3).
Fyre does not discloses the proximal end of the stalk comprises a loop to be attached to a vehicle’s body and rotative relative to the stalk, notably rotative about an axis substantially perpendicular to the stalk, the stalk arranged so as to enter and lodge into an empty slot inside the driver’s door when the metal plate is pulled away from the distal end towards the proximal end, the metal plate has an opening through which the stalk passes, the door check strap comprising rollers arranged in the opening between the stalk and the metal plate, and wherein the stalk comprises a hollow region so that the connecting cable enters the stalk through the hollow region from one end and is attached to the metal plate.
Regarding claim 11, Gallinato fails to disclose the pedal is a dead pedal.
Specifically, the pedal of Gallinato is a clutch pedal which cannot be modify to a dead pedal as an active clutch pedal is required for operating the vehicle.
Regarding claim 13, Gallinato fails to disclose wherein the assisting system is configured so that when the driver's door is closed, the pedal is moved from the high position to the low position and when the driver's door is opened, the pedal is moved from the low position to the high position.
The Examiner is unaware of prior art which reasonably suggests alone, or in combination, the limitations of claims 3-6, 11, 13, or 16.
Conclusion
Claims 1, 7-10, 12, and 14-15 are rejected. Claims 3-6, 11, 13, and 16 are objected to. No claims are allowed.
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 CAROLINE N BUTCHER whose telephone number is (571)272-1623. The examiner can normally be reached Monday-Friday 10-6 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tara E Schimpf can be reached at (571) 270-7741. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAROLINE N BUTCHER/ Primary Examiner, Art Unit 3676
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