DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office 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 § 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-10, 12, 13, 16, 1,7 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vasi et al. (US 9,518,410).
Regarding claim 1, Vasi et al. discloses an exterior vehicle door handle, comprising:
a base (12), provided with a handle cavity (Fig.1, Fig.2 behind 1) and configured for being mounted on a vehicle door; and
a handle grip (1), rotatably mounted on the base between a closed position (Fig.1) and an open position (Fig.2), wherein, when the handle grip is in the closed position, an outer surface of the handle grip does not protrude from an outer surface of the vehicle door and covers the handle cavity, and when the handle grip rotates from the closed position to the open position by rotating towards an interior of the handle cavity, the handle grip does not protrude from the outer surface of the vehicle door and the handle cavity is exposed (Fig. 1 and 2).
Regarding claim 2, Vasi et al. discloses the exterior vehicle door handle according to claim 1, wherein when the handle grip is in the closed position, the outer surface of the handle grip is flush with the outer surface of the vehicle door (Fig.3).
Regarding claim 3, Vasi et al. discloses the exterior vehicle door handle according to claim 1, wherein the vehicle door covers a portion of the handle cavity (Fig.3 and 4); when being in the closed position, the handle grip covers another portion of the handle cavity; and when being in the open position, the handle grip abuts, in the vehicle door, against the portion of the vehicle door covering the handle cavity (Fig.1).
Regarding claim 5, Vasi et al. discloses the exterior vehicle door handle according to claim 1, further comprising:
a driving device (5), wherein the driving device is configured for being connected to a vehicle door lock and connected to the handle grip, and the driving device drives the handle grip to an intermediate position between the open position and the closed position when the vehicle door lock is unlocked;
wherein an angle by which the handle grip rotates from the closed position to the intermediate position is greater than an angle by which the handle grip rotates from the intermediate position to the open position (Fig.2).
Regarding claim 6, Vasi et al. discloses the exterior vehicle door handle according to claim 5, wherein the handle grip (1) is configured to rotate from the closed position to the intermediate position by rotating about 110° to about 120° towards the interior of the handle cavity; and
the handle grip is configured to rotate from the intermediate position to the open position by rotating about 50° to about 60° towards the interior of the handle cavity.
Note: what is or is not “about 110° to about 120°” and “about 50° to about 60°” cannot be objectively determined, rather than indefinite, the recitation is taken broadly as any.
Regarding claim 7, Vasi et al. discloses the exterior vehicle door handle according to claim 5, wherein the driving device is a motor (5), the motor is mounted outside the base (Fig.1), and the motor is drive-connected to the handle grip and configured for communication of the vehicle door lock.
Regarding claim 8, Vasi et al. discloses the exterior vehicle door handle according to claim 5, wherein the driving device comprises:
a push rod(9), one end of the push rod being configured for being drive-connected to the vehicle door lock (abstract, arranged); and
an unlocking crank (2, bent rod), the unlocking crank being drive-connected to the handle grip and connected to another end of the push rod by an unlocking push rod buckle.
Regarding claim 9, Vasi et al. discloses a vehicle door assembly, comprising: a vehicle door; and the exterior vehicle door handle (11) according to claim 1.
Regarding claim 10, Vasi et al. discloses the vehicle door assembly according to claim 9, wherein the vehicle door comprises:
an exterior vehicle door panel (11, Fig.3) and an interior vehicle door panel, wherein the exterior vehicle door panel is mounted on an outer side of the interior vehicle door panel, the base is mounted (Fig.3) on the exterior vehicle door panel and arranged between the exterior vehicle door panel and the interior vehicle door panel, and the exterior vehicle door panel is provided with a handle opening (Fig.3, surrounding 3), a position of the handle opening corresponds to a position of the handle cavity.
Regarding claim 12, Vasi et al. discloses a vehicle (Abstract), comprising the vehicle door assembly according to claim 9.
Regarding claim 13, Vasi et al. discloses the exterior vehicle door handle according to claim 2, wherein the vehicle door (11) covers a portion of the handle cavity (Fig.3 and 4); when being in the closed position, the handle grip (1) covers another portion of the handle cavity; and when being in the open position, the handle grip abuts, in the vehicle door, against the portion of the vehicle door covering the handle cavity (Fig.1).
Regarding claim 16, Vasi et al. discloses the exterior vehicle door handle according to claim 2, further comprising:
a driving device (5), wherein the driving device is configured for being connected to a vehicle door lock and connected to the handle grip (1), and the driving device drives the handle grip to an intermediate position between the open position and the closed position when the vehicle door lock is unlocked;
wherein an angle by which the handle grip rotates from the closed position to the intermediate position is greater than an angle by which the handle grip rotates from the intermediate position to the open position (Fig.2).
Regarding claim 17, Vasi et al. discloses the exterior vehicle door handle according to claim 3, further comprising:
a driving device (5), wherein the driving device is configured for being connected to a vehicle door lock and connected to the handle grip (1), and the driving device drives the handle grip to an intermediate position between the open position and the closed position when the vehicle door lock is unlocked;
wherein an angle by which the handle grip rotates from the closed position to the intermediate position is greater than an angle by which the handle grip rotates from the intermediate position to the open position (Fig.2).
Regarding claim 19, Vasi et al. discloses the exterior vehicle door handle according to claim 6, wherein the driving device (5) is a motor, the motor is mounted outside the base, and the motor is drive-connected to the handle grip (1) and configured for communication of the vehicle door lock.
Regarding claim 20, Vasi et al. discloses the exterior vehicle door handle according to claim 7, wherein the driving device comprises:
a push rod(4), one end of the push rod being configured for being drive-connected to the vehicle door lock; and
an unlocking crank (2), the unlocking crank being drive-connected to the handle grip (1)and connected to another end of the push end by an unlocking push rod (9) buckle.
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.
Claims 4, 14, 15, and 18 are rejected under 35 U.S.C. 103(a) as being unpatentable over Vasi et al. (US 9,518,410).
Regarding claims 4 and 14, Vasi et al. discloses the exterior vehicle door handle according to claim 1, wherein the handle grip is provided with a rotating shaft (2), the handle grip is rotatably mounted on the base by the rotating shaft, and the rotating shaft is located at an edge of the handle grip when the handle grip is in the closed position.
Vasi et al. discloses the claimed invention except for the rotating shaft is located at a lower edge of the handle grip.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to specify the rotating shaft is located at a lower edge of the handle grip, since it has been held that rearranging parts of an invention involves only routine skill in the art.
Regarding claims 15, Vasi et al. discloses the exterior vehicle door handle according to claim 3, wherein the handle grip (1) is provided with a rotating shaft, the handle grip is rotatably mounted on the base by the rotating shaft (2), and the rotating shaft is located at a lower edge of the handle grip when the handle grip is in the closed position.
Regarding claims 18, Vasi et al. discloses the exterior vehicle door handle according to claim 4, further comprising:
a driving device, wherein the driving device is configured for being connected to a vehicle door lock and connected to the handle grip, and the driving device drives the handle grip to an intermediate position between the open position and the closed position when the vehicle door lock is unlocked;
wherein an angle by which the handle grip rotates from the closed position to the intermediate position is greater than an angle by which the handle grip rotates from the intermediate position to the open position.
Claim 11 is rejected under 35 U.S.C. 103(a) as being unpatentable over Vasi et al. (US 9,518,410) in view of Palmer (US 2,237,949).
Regarding claim 11, Vasi et all as modified by Palmer discloses the vehicle door assembly according to claim 10, wherein one side of the exterior vehicle door panel facing the interior vehicle door panel is provided with a first positioning protrusion and a second positioning protrusion spaced apart in an up-down direction;
Vasi et al. does not disclose: the base is provided with a first fixing lug and second fixing lugs; the base is arranged between the first positioning protrusion and the second positioning protrusion; the first fixing lug is fixed on one side of the first positioning protrusion facing the interior vehicle door panel; and the second fixing lugs are fixed on one side of the second positioning protrusion facing the interior vehicle door panel.
Palmer teaches the base is provided with a first fixing lug (51, Palmer) and second fixing lugs (57); the base is arranged between the first positioning protrusion and the second positioning protrusion; the first fixing lug is fixed on one side of the first positioning protrusion facing the interior vehicle door panel; and the second fixing lugs are fixed on one side of the second positioning protrusion facing the interior vehicle door panel(Fig.5; Palmer) for the purpose of supporting a rod extending from latchbolt and carrying a collar thereupon.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Palmer with teaches the base is provided with a first fixing lug and second fixing lugs; the base is arranged between the first positioning protrusion and the second positioning protrusion; the first fixing lug is fixed on one side of the first positioning protrusion facing the interior vehicle door panel; and the second fixing lugs are fixed on one side of the second positioning protrusion facing the interior vehicle door panel as taught by Vasi et al. for the expected benefit of supporting components mounted inside door and carrying a collar thereupon.
Response to Arguments
Applicant’s arguments from the response filed on December 3rd 2025 have been fully considered and will be addressed below in the order in which they appeared.
Applicant’s argument that the term used in the prior art is not the same as the term used in the instant application does not provide evidence as to what structure the applicant possess that the prior art does not. The structure and function of the instant application is fully disclosed in the prior art reference. Applicant has failed to provide positive recitation that would overcome the prior art of record. The argument is unpersuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as it may affect the patentability of applicant’s claimed invention is listed on the attached PTO-892.
THIS ACTION IS MADE FINAL. 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 Thomas L. Neubauer whose telephone number is 571.272.4864. The examiner can normally be reached on Monday - Friday, 8:00 AM through 5:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina R. Fulton can be reached on 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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/T. L. N./
Examiner, Art Unit 3675
/KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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