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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Arguments
Applicant’s arguments from the response filed on 31 December 2025 have been fully considered and will be addressed below in the order in which they appeared.
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
In the interest of compact prosecution claim interpretation is broadly considered in instances without a frame of reference, recitation of direction is subjectively relative terminology. Inner and outer in relation to anything may satisfy the recitation as written, for instance any element that is not at the edge portion of any said of a door may be considered relatively “inner”. Applicant appears to argue that which is not recited in regards to the interior or exterior of a vehicle. However, the applicant fails to provide structure or functional recitation which would prevent the reference of record from being mounted on the interior or exterior of a vehicle door. There is no structural recitation that would prevent or limit any latch from functioning in additional positions. Further, in the interest of compact prosecution, it is worth considering that the mere position in and of itself of a mountable element would not be a patentable distinction. The applicant’s argument is unpersuasive.
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) 10-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Patel et al. (US8,701,353)
Regarding claim 10, Patel et al. discloses a vehicle door handle assembly comprising:
a movable lever (5) arranged on an inner side (inner side of door structure 8,) of a vehicle door (8) and configured to be rotated from a rest position (“A”, Fig. 3) to an active position (“C”, Fig. 3);
an electrical latch (35, electric actuator) configured to open the vehicle door upon reception of an electrical opening signal (C.2, l.64-67) ; and
a converter (Fig.3) configured to convert a displacement of the movable lever toward the active position into an electrical opening signal sent to the electrical latch,
wherein the converter comprises:
a housing (36) forming a recess (Fig.3),
a switch (88) arranged in the recess and connected to the electrical latch,
a movable part (57) arranged in the recess and configured to move from a rest position associated with a first state of the switch wherein no signal is sent to an active position associated with a second state of the switch wherein an electrical opening signal is sent to the electrical latch (C.6; l. 14-16),
an elastic element (84) configured to constrain the movable part in the rest position, and
a mechanical link (78) arranged between the movable lever and the movable part.
Regarding claim 11, Patel et al. discloses the vehicle door handle assembly in accordance with claim 10, wherein the mechanical link is a Bowden cable (78, 54) or a connecting rod.
Regarding claim 12, Patel et al. discloses the vehicle door handle assembly in accordance with claim 10, wherein the movable part is configured to translate between the rest position (Fig,3 ”A”) and the active position (Fig,3 ”C”).
Regarding claim 13, Patel et al. discloses the vehicle door handle assembly in accordance with claim 10, wherein the movable part (57) in configured to rotate between the rest position and the active position (Fig.3 Solid and B2).
Regarding claim 14, Patel et al. discloses the vehicle door handle assembly in accordance with claim 10, wherein the elastic element is a helicoidal spring (C.6, l4-9).
Regarding claim 15, Patel et al. discloses the vehicle door handle assembly in accordance with claim 10, wherein the switch (88) is linked to the electrical latch by an electrical cable (32 routed dotted line to electrical wire to switch 88 not shown).
Regarding claim 16, Patel et al. discloses the vehicle door handle assembly in accordance with claim 10, wherein the electrical latch (30) is located remotely with respect to the converter (c.8, l.16-23).
Regarding claim 17, Patel et al. discloses a vehicle door (8) comprising: the vehicle door handle assembly in accordance with claim 10.
Regarding claim 18, Patel et al. discloses a vehicle (title) comprising: the vehicle door (8) in accordance with claim 17.
Regarding claim 19, Patel et al. discloses the vehicle door handle assembly in accordance with claim 10, wherein the movable lever (5) is configured to be rotated (Fig.2) from the rest position(“A”, Fig. 3) to the active position (“C”, Fig. 3) by pivoting around a pivot axis.
Regarding claim 20, Patel et al. discloses the vehicle door handle assembly in accordance with claim 10, wherein a first end of the mechanical link (78 )is attached to the movable lever (5) and a second end of the mechanical link is attached to the movable part (57, Fig.2).
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.
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 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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