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 .
This Office Action is in response to applicant’s RCE filed on 5/28/26.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the gripping member in the rest position out of the cavity and released into the cavity when is pushed, as now claimed in claim 1, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 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 1-10 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.
Claim 1 requires that the gripping member is out of the cavity in a rest position. The limitation is indefinite since before, the claim requires that the emergency opening device is accessible from inside the cavity. If that is the case, then how in a rest position is out of the cavity? Therefore, in order to continue with the examination, a broad interpretation will be given. Correction is required.
Claim 5 requires that the gripping member is, in a resting position, placed into a cylinder, and that this cylinder forms the button. At the instant, it is unclear how this is possible.
If the gripping member is placed into the cylinder, how does the user only push the cylinder and how after pushing, it will expose the gripping member?
It appears that the intention is to claim that the button is a portion of the gripping element and when in the rest position, the gripping element is position in a cylinder and that the button, which is a portion of the gripping element, is exposed so that the user can actuate on it.
Therefore, in order to continue with the examination, a broad interpretation will be given. Correction is required.
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(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Application Publication No 20190234121 to Pudney et al (Pudney) in view of WO 2021239572 to Bajul et al (Bajul) and EP 2093357 (EP 357).
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Regarding claims 1, 6 and 10, Pudney discloses a vehicle handle assembly (1) that comprises a housing (4) that sits flush against an outer panel of the vehicle and defining a cavity inside an opening element of the vehicle; an actuation switch (6), generating an electrical signal to be sent to a vehicle opening element controller (not shown) to release the vehicle opening element, and an emergency opening device (11) accessible from the inside of the cavity, the emergency opening device being configured to release mechanically the opening element allowing to open the opening element.
First, Pudney fails to disclose that the emergency opening device comprises a gripping member that is has a portion extending out into the cavity.
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Bajul teaches that it is well known in the art to provide an emergency opening device comprises a gripping member (3) that is has a portion (6) extending out to be operated by the user.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the emergency opening device described by Pudney as one that comprises a gripping member, as taught by Bajul in order to provide a device that can be operated at any time since it will not require an external element to operate it (key) that can be damaged or lost.
Second, Pudney discloses that the emergency opening device is attached to a bracket (end wall of the housing 4). However, Pudney fails to disclose reversible attachment means to attach the device to the bracket.
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EP 357 teaches that it is well known in the art to provide two part (46 and 48) on an assembly (44) that are secured to each other by means of a reversible attachment means (50, 52).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the emergency opening device described by Pudney attached to the bracket of the housing by means of a reversible attachment means, as taught by EP 357, in order to be able to connect and disconnect the device at any time.
As to claim 2, Pudney, as modified by Bajul, teaches that the gripping member (Bajul 3) is linked to a cable (Bajul 4), the cable being connected to an opening element latch mechanism, causing mechanical actuation of the opening element latch mechanism (Bajul through 5).
As to claim 3, Pudney, as modified by Bajul, teaches that the gripping member (Bajul 3) is accessible by a through opening made in the housing (Pudney).
As to claim 4, Pudney, as modified by Bajul, teaches that a removable button (Bajul 6) is located into the through opening, the gripping member being accessible by pushing the button.
As to claim 5, Pudney, as modified by Bajul, teaches that the button (Bajul 6) is a portion of the gripping element and when in the rest position, the gripping element (Bajul 3) is position in a cylinder (Bajul 2) and that the button is exposed so that the user can actuate on it.
As to claim 7, Pudney discloses that the actuation switch (6) is a mechanical or an electrical actuation switch.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Application Publication No 20190234121 to Pudney et al (Pudney) in view of WO 2021239572 to Bajul et al (Bajul), EP 2093357 (EP 357) and further in view of US Pat No 6,435,574 to Taga et al (Taga).
Pudney, as modified by Bajul and EP 357, fails to disclose that the actuation switch comprises at least one reinforcing bar.
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Taga teaches that it is well known in the art to provide a switch (33) that is configured to be mounted on a reinforcing bar (15) in order to provide a reinforcing surface.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the actuation switch described by Pudney, as modified by Bajul and EP 357, with a reinforcing bar, as taught by Patterson, in order to provide a mounting structure for the switch and add reinforcement to the switch.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Application Publication No 20190234121 to Pudney et al (Pudney) in view of WO 2021239572 to Bajul et al (Bajul), EP 2093357 (EP 357) and further in view of US Pat Application Publication No 20210087861 to Marcolino et al (Marcolino).
Pudney, as modified by Bajul and EP 357, fails to disclose that the actuation switch comprises an NFC reader and/or a RFID reader.
Marcolino teaches that it is well known in the art to provide a sensing unit (350) with a RFID or NFC reader (par 48) in order to enhance communication with the sensor.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the actuation switch described by Pudney, as modified by Bajul and EP 357, with an NFC or RFID reader, as taught by Marcolini, in order to enhance communication with the sensor.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Application Publication No 20190234121 to Pudney et al (Pudney) in view of WO 2021239572 to Bajul et al (Bajul), JP 2019027076 to Ono and EP 2093357 (EP 357).
Regarding claims 1, 6 and 10, Pudney discloses a vehicle handle assembly (1) that comprises a housing (4) that sits flush against an outer panel of the vehicle and defining a cavity inside an opening element of the vehicle; an actuation switch (6), generating an electrical signal to be sent to a vehicle opening element controller (not shown) to release the vehicle opening element, and an emergency opening device (11) accessible from the inside of the cavity, the emergency opening device being configured to release mechanically the opening element allowing to open the opening element.
First, Pudney fails to disclose that the actuation switch is a mechanical switch. Pudney discloses a sensor switch.
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Ono teaches that it is well known in the art to provide an actuation switch as a mechanical switch (4) that the user presses to generate an electrical signal to be sent to a vehicle opening element controller (not shown) to release the vehicle opening element.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the actuation switch described by Pudney, as a mechanical switch, as taught by Ono, in order to provide any desired switch to perform the same function.
Second, Pudney fails to disclose that the emergency opening device comprises a gripping member that is has a portion extending out into the cavity.
Bajul teaches that it is well known in the art to provide an emergency opening device comprises a gripping member (3) that is has a portion (6) extending out to be operated by the user.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the emergency opening device described by Pudney as one that comprises a gripping member, as taught by Bajul in order to provide a device that can be operated at any time since it will not require an external element to operate it (key) that can be damaged or lost.
Finally, Pudney discloses that the emergency opening device is attached to a bracket (end wall of the housing 4). However, Pudney fails to disclose reversible attachment means to attach the device to the bracket.
EP 357 teaches that it is well known in the art to provide two part (46 and 48) on an assembly (44) that are secured to each other by means of a reversible attachment means (50, 52).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the emergency opening device described by Pudney attached to the bracket of the housing by means of a reversible attachment means, as taught by EP 357, in order to be able to connect and disconnect the device at any time.
As to claim 2, Pudney, as modified by Bajul, teaches that the gripping member (Bajul 3) is linked to a cable (Bajul 4), the cable being connected to an opening element latch mechanism, causing mechanical actuation of the opening element latch mechanism (Bajul through 5).
As to claim 3, Pudney, as modified by Bajul, teaches that the gripping member (Bajul 3) is accessible by a through opening made in the housing (Pudney).
As to claim 4, Pudney, as modified by Bajul, teaches that a removable button (Bajul 6) is located into the through opening, the gripping member being accessible by pushing the button.
As to claim 5, Pudney, as modified by Bajul, teaches that the button (Bajul 6) is a portion of the gripping element and when in the rest position, the gripping element (Bajul 3) is position in a cylinder (Bajul 2) and that the button is exposed so that the user can actuate on it.
As to claim 7, Pudney discloses that the actuation switch (6) is a mechanical or an electrical actuation switch.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Application Publication No 20190234121 to Pudney et al (Pudney) in view of WO 2021239572 to Bajul et al (Bajul), JP 2019027076 to Ono, EP 2093357 (EP 357) and further in view of US Pat No 6,435,574 to Taga et al (Taga).
Pudney, as modified by Bajul, Ono and EP 357, fails to disclose that the actuation switch comprises at least one reinforcing bar.
Taga teaches that it is well known in the art to provide a switch (33) that is configured to be mounted on a reinforcing bar (15) in order to provide a reinforcing surface.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the actuation switch described by Pudney, as modified by Bajul, Ono and EP 357, with a reinforcing bar, as taught by Patterson, in order to provide a mounting structure for the switch and add reinforcement to the switch.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Application Publication No 20190234121 to Pudney et al (Pudney) in view of WO 2021239572 to Bajul et al (Bajul), JP 2019027076 to Ono, EP 2093357 (EP 357) and further in view of US Pat Application Publication No 20210087861 to Marcolino et al (Marcolino).
Pudney, as modified by Bajul, Ono and EP 357, fails to disclose that the actuation switch comprises an NFC reader and/or a RFID reader.
Marcolino teaches that it is well known in the art to provide a sensing unit (350) with a RFID or NFC reader (par 48) in order to enhance communication with the sensor.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the actuation switch described by Pudney, as modified by Bajul, Ono and EP 357, with an NFC or RFID reader, as taught by Marcolini, in order to enhance communication with the sensor.
Response to Arguments
As previously mentioned in the advisory action filed on 5/7/26, the current amendment overcomes the first part of the 112 2nd paragraph rejection to claim 1.
As to the second part, the rejection is maintained.
It is impossible to have the gripping member out of the cavity in a rest position. The gripping member 30 in a rest position, non-used, is inside the opening 32. When is desired to be operated, the gripping member is positioned so as to be grabbed, but it is still inside the cavity.
Therefore, the rejection is maintained, and a new drawing objection has been made on the record.
As to claim 5, as also previously mentioned, the rejection is maintained. It appears that the intention is to claim that the button is a portion of the gripping element and when in the rest position, the gripping element is position in a cylinder and that the button, which is a portion of the gripping element, is exposed so that the user can actuate on it. Then, correction to the language is required.
With respect to the prior art rejection, applicant argues that Pudney does not disclose an actuation switch, that element 6 is a hand sensor.
As well known in the art, a sensor is a device that combines sensing and switching functionality. When the sensor detects a specific physical condition—such as motion, proximity, or presence—it activates an internal circuit to open or close an electrical path.
There is nothing in the claim that it has to be a mechanical switch. At the instant, a sensor performs the concept mentioned above. Therefore, element 6 is an activation switch.
Also, the applicant argues that element 11 is not an emergency opening device since uses a key.
Pudney clearly discloses that 11 is a backup mechanism in case the electrical mechanism is not working. So, it is an emergency opening device.
Bajul is only used to demonstrate that an emergency opening device can be a gripping member.
Therefore, the arguments are not persuasive and the rejection is maintained.
Also, in case the intention is to claim a mechanical switch, a new rejection has been made on the record in view of Pudney, as modified by Ono.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS LUGO whose telephone number is (571)272-7058. The examiner can normally be reached M-F 9-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton can be reached at (571)272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Carlos Lugo/
Primary Examiner
Art Unit 3675
August 2, 2026
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