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 .
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 device used on the other devices, as claimed in claim 2 (since the specification and drawings only shows a handle), 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.
Specification
The abstract of the disclosure is objected to because of the phrase “are disclosed”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Propose amendment to claims 1 and 7 (put the claims in allowance condition):
A vehicle closure assembly comprising:
a door handle assembly comprising a door handle 103) of a vehicle, the door handle having an open position and a closed position with respect to the access (103); and
a closure operating mechanism door handle, the closure operating mechanism (104) comprising:
a push-push mechanism (106) having a plunger (112) adapted to translate along a linear axis of the push-push mechanism (106) to be moveable between a plurality of positions;
an actuator (108) cooperatively coupled to the plunger (112) of the push-push mechanism (106) to actuate and be actuated by the plunger (112) to transfer motion for performing the positional change of the door handle, wherein the plurality of positions of the plunger (112) corresponds to positional changes of the door handle;
a floating alignment component (110) pivotally disposed on the actuator and 108) and the plunger (112) door handle, by transmitting a force between the plunger (112) and actuator (108), the floating motion comprising:
moving integrally while exhibiting non-relative motion with one of the plunger (112) and the actuator (108); and
moving unitarily while being coupled to the other of the plunger (112) and the actuator (108) but exhibiting a relative motion with the other of the plunger (112) and the actuator (108).
Propose amendment to claims 2 and 8:
Cancel claims 2 and 8.
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 1-12 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.
Claims 1 and 7 are drawn to a vehicle closure assembly that requires a push-push mechanism that has a plunger that moves between plurality of positions.
At the instant, the claims are indefinite since it fails to provide the corresponding structure that activates the push-push mechanism so as to perform the function of moving the plunger as claimed. Without an actuating means (motor, or the like), the push-push mechanism can’t operate as claimed, since it does not operate by itself. Correction is required.
Claims 2 and 8, the claims requires that the vehicle closure component is one of a door handle, fuel filler, charging port, door or glove compartment. However, just saying what is the complement does not clearly describe the invention on where are the elements located and how interact with the door handle, fuel filler, charging port, hoor or glove compartment. 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, 4-7 and 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Application Publication No 20100187837 to Danner et al (Danner) in view of US Pat No 10,704,303 to Stack et al (Stack) and US Pat No 1,840,786 to Moore.
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Regarding claims 1 and 7, Danner discloses a vehicle closure assembly that comprises a vehicle closure component (cover lid, not shown) hingedly mountable to an access of a vehicle, the vehicle closure component has an open position and a closed position with respect to the access.
A closure operating mechanism (1) partly mounted to the vehicle closure component and operably disposable between the vehicle closure component and the access to perform a positional change of the vehicle closure component.
The closure operating mechanism comprises a push-push mechanism (11, 12) having a plunger (5) adapted to translate along a linear axis of the push-push mechanism to be moveable between a plurality of positions; and an actuator (surface at the lid that cooperates with the plunger end, not shown) cooperatively coupled to the plunger of the push-push mechanism to actuate and be actuated by the plunger to transfer motion for performing the positional change of the vehicle closure component, wherein the plurality of positions of the plunger corresponds to positional changes of the vehicle closure component.
Danner fails to disclose that the closure operating mechanism further comprises a floating alignment component disposed at an interface of the actuator and the plunger to exhibit a floating motion at the interface, to align and engage the actuator and the plunger at the interface to perform the positional change of the vehicle closure component, by transmitting a force between the plunger and actuator.
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Stack teaches that it is well known in the art to provide a similar device, wherein the mechanism comprises an actuator (58) defining an angled surface (68) that allows guiding of a plunger (30).
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Moore teaches that it is well known in the art to provide a floating alignment component (14, 15) disposed on at an interface of an actuator (12) and an inserting member (39), to exhibit a floating motion at the interface (by means of springs18, 24, shaft 35 and sockets 19), to align and engage the actuator and the member.
The floating motion comprises moving integrally while exhibiting non-relative motion with one of the member and the actuator; and moving unitarily while being coupled to the other of the member and the actuator, but exhibiting a relative motion with the other of the member and the actuator.
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 device described by Danner, with a floating alignment component, as taught by Moor and Stack, in order to aid in properly guiding the plunger into the actuator.
As to claims 2 and 8, the combination teaches that the vehicle closure component is one of a door handle, a fuel filler lid, a charging port cover, and a cover of a glove compartment of the vehicle.
As to claims 4 and 10, Moore teaches that the floating alignment component (14, 15) has at least two degrees of freedom at the other of the member and the actuator in which the floating alignment component is unitarily disposed.
Claim(s) 3 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Application Publication No 20100187837 to Danner et al (Danner) in view of US Pat No 10,704,303 to Stack et al (Stack), US Pat No 1,840,786 to Moore and further in view of US Pat No 20220154508 to Yoshimoto et al (Yoshimoto).
Danner, as modified by Stack and Moor, fails to disclose that the push-push mechanism is operable by a motor to lock and unlock the plunger. Stack teaches that there is an electrical connector (34) in combination with the push-push mechanism.
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Yoshimoto teaches that it is well known in the art to provide a motor (42) to operate a push-push mechanism (20) having a plunger (30).
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 device described by Danner, as modified by Stack and Moor, with a motor, as taught by Yoshimoto, in order to automatically operate the mechanism.
Allowable Subject Matter
Claims 5 and 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 6 and 12 would also be allowed since the claims depends from claims 5 and 11 above.
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
January 28, 2026