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 6/5/26.
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 3 and 15 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 3 requires that the door operation assembly comprises a latch. At the instant, the limitation is indefinite since the assembly is a door “operation” assembly, so how an assembly that is intended to operate can comprises the door latch, which is intended to be operated by the assembly.
Therefore, in order to continue with the examination, the limitation will be interpreted as the assembly used to operate the door latch. Correction is required.
New claim 15 requires the following:
PNG
media_image1.png
117
672
media_image1.png
Greyscale
At the instant, the limitation is indefinite. Here is the invention:
PNG
media_image2.png
516
722
media_image2.png
Greyscale
As shown, it is unclear how the handle is “camouflage” as a window waist seal area. As shown, the handle is just positioned in an area of the door, close to the window.
Also, it is unclear how the handle is not visible to an unauthorized person. Anyone will look at the door and see that there is a handle flush to the door.
Therefore, 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, 2, 8-14, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 6,698,262 to Wittwer in view of US Pat No 10,345,926 to Brown et al (Brown) and further in view of US Pat Application Publication No 20190242165 to Gebel.
PNG
media_image3.png
796
1451
media_image3.png
Greyscale
Regarding claim 1, Wittwer discloses a concealed door handle assembly that comprises a housing (20); a door lock access (35) mounted on the housing, wherein the door lock access is selectively accessible.
The assembly further comprises a door operating assembly that comprises a locking mechanism, which includes the door lock access; a latching mechanism (40) and a door handle (10) pivotably connected to the housing, wherein the door handle is a door lock access panel pivoted on the housing about a door handle axis parallel to a plane of the housing for the door handle.
The door handle is moved between a flush position (10.1), a deployed position (10.2) and an actuating position (10.3, 10.4).
In a flush position, the door handle (10) conceals the door lock access (35) to restrict the locking action and in a deployed position, the door handle un-conceals access to the door lock access.
However, Wittwer fails to disclose that the door handle is operatively coupled to a push-push mechanism to move the door handle from the flushed position into the deployed position, to allow access to the door lock access to initiate locking action and to move the lockable push-push mechanism to released position.
Wittwer discloses that the handle is automatically moved by a sensing system operatively connected to a motor that moves the handle from the flushed position into the deployed position, to allow access to the door lock access. Also, Wittwer discloses that during an electrical emergency, the door lock is operated by means of the lock cylinder 35 but doesn’t establish how the handle is moved in order to get access to it; just that the handle is moved from the flush position (10.1).
PNG
media_image4.png
524
621
media_image4.png
Greyscale
Brown teaches that it is well known in the art to provide an electrical mechanism (12) to move a handle (10) from a flushed position to a deployed position, or a mechanical mechanism that comprises a push-push mechanism (36) operatively mounted on a housing (formed by 38).
PNG
media_image5.png
274
869
media_image5.png
Greyscale
Gebel teaches that it is well known in the art to provide a push-push mechanism (10) operably mounted to a housing (bearing bracket not shown).
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 assembly described by Wittwer with a push-push mechanism, as taught by Brown, that is mounted to a housing, as taught by Gebel, in order to move the handle in the event of power failure.
As to claim 2, Wittwer discloses that the door lock access (35) is a secondary door lock access and is one of a key-receiving portion, a biometric sensor, and a door request sensor.
As to claim 8, Brown teaches that when the door handle in the unlatched position causes the lockable push-push mechanism to be recharged to move to the charged condition (so it can create the push-push action again).
As to claim 9, Wittwer discloses that the door handle (10) is pivotably connected to the housing (20) through a pivot pin (11).
As to claim 10, Brown teaches that the door handle (10) is mechanically operated (by the push-push mechanism 36).
As to claim 11, Wittwer discloses that the door handle (10) is operable by an electric actuator, wherein the electric actuator is an electric motor (31).
As to claim 12, Wittwer discloses that the door operation assembly is electronically operated.
As to claim 13, Wittwer discloses that the door operation assembly is operable by a motor (31) coupled to a controller (not shown).
As to claim 14, Wittwer discloses that the door operation assembly is mechanically operated (when the handle is moved to the actuation position, 10.4).
As to claim 16, Wittwer, as modified by Brown, teaches that in the flush position, the handle conceals the door lock access (Wittwer 35) and the lockable push-push mechanism (Brown).
As to claim 17, Gebel teaches that the lockable push-push mechanism (10) is capable of being mounted “adjacent” to the door lock access (6) on the housing.
As to claim 18, Gebel teaches that the lockable push-push mechanism (10) is mounted on the housing (Bearing bracket) such that a pusher (11) of the lockable push-push mechanism protrudes from the housing and remaining components of the lockable push-push mechanism are capable of being concealed by the housing.
As to claim 19, Wittwer, as modified by Brown and Gebel, teaches that upon the lockable push-push mechanism is recharged to the charged position, the door handle is movable from the unlatch position to the deployed position independently of any motor or electrical actuator.
As to claim 20, Wittwer, as modified by Brown and Gebel, teaches that the lockable push-push mechanism is the sole mechanism operable to move the door handle from the flush position to the deployed position independently of any motor or electrical actuator.
Claim(s) 3-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 6,698,262 to Wittwer in view of US Pat No 10,345,926 to Brown et al (Brown), US Pat Application Publication No 20190242165 to Gebel and further in view of US Pat No 4,580,821 to Genord et al (Genord) and US Pat No 11,499,352 to Guerin.
As to claim 3, Wittwer discloses that the handle of the door operation assembly is coupled to a latch (40). Wittwer discloses a door lock access (35).
However, Wittwer, as modified by Brown and Gebel, fails to disclose that the door operation assembly comprises a link rod and a de-latch cable.
PNG
media_image6.png
596
422
media_image6.png
Greyscale
As shown above, the door handle is operatively connected to the door latch (40) by means of a link assembly (41, 45) but doesn’t show the connection between the door lock access (35) to the door latch.
PNG
media_image7.png
478
620
media_image7.png
Greyscale
Genord teaches that it is well known in the art to provide a door handle assembly that comprises a door handle (56) that is operatively connected to door latch (not shown, by means of rod 136) and a door lock access (122) that is connected to the door latch by means of a link rod (126).
PNG
media_image8.png
687
702
media_image8.png
Greyscale
Guerin teaches that it is well known in the art to provide a delatch cable (19) that operatively connects the door handle (1) to a door latch (20) and a door lock access (38) that connects to the door locking mechanism to lock the latch.
First, 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 door handle assembly described by Wittwer to provide a link rod to connect the door lock access to the door, as taught by Genord, in order to provide a solid member to transmit the locking/unlocking function to the door latch.
Second, 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 door handle assembly described by Wittwer with a delatch cable to operatively connect the door handle to the door latch, as taught by Guerin, in order to provide a simple member to perform the unlatching of the latch when the handle is operated.
As to claim 4, Wittwer, as modified by Genord, teaches that the locking mechanism comprises an operation of locking and unlocking by transfer of motion between a latch and a link rod (when the lock 122 is operated).
As to claim 5, Wittwer, as modified by Guerin, teaches that the latching mechanism comprises an operation of latching and unlatching by transfer of motion between a latch and a de-latch cable.
As to claim 6, Wittwer, as modified by Genord, teaches that the locking action is initiated through the door lock access, wherein a link rod operably connected to the door lock access transfers motion from the door lock access to a latch to initiate the locking action.
As to claim 7, Wittwer, as modified by Guerin, teaches that latching action is initiated through the door handle, wherein a de-latch cable is operably connected to the door handle to transfer motion of movement of the door handle to the unlatch position to the latch to initiate the latching action.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 6,698,262 to Wittwer in view of US Pat No 10,345,926 to Brown et al (Brown), US Pat Application Publication No 20190242165 to Gebel and further in view of DE 10309821 to Menke et al (Menke).
As to claim 15, Wittwer, as modified by Brown and Gebel, fails to disclose thar the flush position the door handle is flush “simulating” a window waist seal area of a door. Wittwer discloses that the flush position “simulates” an area on the door.
PNG
media_image9.png
494
691
media_image9.png
Greyscale
Menke teaches that it is well known in the art to provide a handle (4) flush to different surfaces on a door (1), one of them “simulating” a window waist seal area (14) of a door (fig 2b).
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 handle described by Wittwer, as modified by Brown and Gebel, flush so as to simulate a window waist seal area, as taught by Menke, in order to provide the handle at any desired position on the door.
Response to Arguments
With respect to the 112 2nd paragraph rejection to claim 3, the argument is not persuasive.
Claim 3 requires that the door operation assembly comprises a latch. How the door operation assembly that is intended to operate the latch can also comprises the door latch.
It appears that the intention is to claim the door operation assembly used to operate a door latch. Therefore, correction is required.
With respect to new claim 15, a new 112 2nd paragraph rejection has been made on the record.
As to the prior art rejection, applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Carlos Lugo/
Primary Examiner
Art Unit 3675
August 17, 2026
Prosecution Insights