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 additional second lever as claimed in claim 2, see 112 2nd paragraph rejection below, 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 term “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 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 2-9 and 18 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 2 requires the limitation “at least one second lever element”. At the instant, the limitation is indefinite since there is no basis for more than one second lever, which is defined as element 7.
Therefore, in order to continue with the examination, the limitation will be interpreted as “a second lever element”. Correction is required.
Claim 18 requires a second sensor apparatus. At the instant, the term is indefinite since the claim depends on claim 1 and the claim does not provide basis for another sensor apparatus, so as to present the one in claim 18 as “second”.
Therefore, in order to continue with the examination, the limitation will be interpreted as “a
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 and 18 is/are rejected under 35 U.S.C. 102a1 as being anticipated by FR 2800784 to Soulagnes et al (Soulagnes).
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Regarding claim 1, Soulagnes discloses an actuating mechanism for actuating, in particular unlocking and opening, a vehicle door, in particular a vehicle exterior door.
The actuating mechanism comprises a manually actuatable handle part (12), which can be transferred between a home position in which the handle part is recessed in a vehicle shell (at 11a, fig 6b) and an actuating position in which the handle part at least partially or regionally protrudes out of the vehicle shell such that a gripping region is created between the handle part and an exterior of the vehicle, into which the hand or at least one finger of a user can be at least partially inserted (figs 8a, 8b).
An actuator (13) associated with the handle part, in particular an electromotive actuator (26), which is configured so as to transfer the handle part from its home position into its actuating position and vice versa, as needed. The actuator is configured as a rotary drive with a rotationally driven or driveable drive wheel (24a), wherein the actuator comprises a gearing mechanism (24b) via which a rotational movement of the drive wheel is or can be switched into a linear movement of the handle part.
As to claim 18, Soulagnes discloses that the actuating mechanism further comprises a sensor apparatus (31), which is configured so as to detect an approximation of an in particular authorized operator and, upon detection of an in particular authorized operator, to generate a control signal for transferring the handle part from the home position into the actuating position.
Claim(s) 1, 2, 4, 7, 14 and 15 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US Pat No 11,214,994 to Han et al (Han).
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Regarding claim 1, Han discloses an actuating mechanism for actuating, in particular unlocking and opening, a vehicle door, in particular a vehicle exterior door.
The actuating mechanism comprises a manually actuatable handle part (20), which can be transferred between a home position in which the handle part is recessed in a vehicle shell (fig 6, top) and an actuating position in which the handle part at least partially or regionally protrudes out of the vehicle shell such that a gripping region is created between the handle part and an exterior of the vehicle, into which the hand or at least one finger of a user can be at least partially inserted (fig 6, middle).
An actuator (not shown) is associated with the handle part, in particular an electromotive actuator, which is configured so as to transfer the handle part from its home position into its actuating position and vice versa, as needed. The actuator is configured as a rotary drive with a rotationally driven or driveable drive wheel (52), wherein the actuator comprises a gearing mechanism (53, 54) via which a rotational movement of the drive wheel is or can be switched into a linear movement of the handle part.
As to claim 2, Han discloses that the gearing mechanism comprises a first lever element (42) and a second lever element (45), wherein the first lever element and the second lever element are operatively connected to the drive wheel (52) via a first end region and to a coupling element (41) associated with the handle part via an opposing second end region, respectively.
As to claim 4, Han discloses that the second end region of the first and the second lever element are operatively connected to the coupling element (41) associated with the handle part via a respective closed cam disk mechanism (end portions of levers 42, 45).
As to claim 7, Han discloses that the handle part (20) is pivotally connected to the coupling element (41) about an axis of rotation extending at least substantially perpendicular to a longitudinal direction of displacement of the handle part.
As to claim 14, Han discloses that the actuating mechanism is configured so as to move the handle part relative to the vehicle shell in a first plane in order to transfer the handle part between the home position and the actuating position, and wherein the actuating mechanism can be connected to a vehicle shell in such a way that movements of the handle part relative to the vehicle shell outside the first plane are prevented (fig 6, moving in one plane).
As to claim 15, Han discloses that the actuating mechanism is configured so as to transfer the handle part relative to the vehicle shell between the home position and the actuating position in such a way that the handle part is moved on the one hand out of the vehicle shell and on the other hand away from the exterior of the vehicle (fig 6).
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) 10, 11, 16, 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 11,214,994 to Han et al (Han) in view of US Pat No8,701,353 to Patel et al (Patel).
As to claim 10, Han fails to disclose that the actuating mechanism further comprises a first sensor apparatus configured so as to generate an electrical signal for unlocking the vehicle door upon a use of the handle part.
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Patel teaches that it is well known in the art to provide an actuating mechanism for a handle (152) that comprises a first sensor apparatus (96) configured so as to generate an electrical signal for unlocking the vehicle door upon the use of the handle part.
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 mechanism described by Han with a sensor, as taught by Patel, in order to automatically unlock the door upon use of the handle part.
As to claim 11, Han, as modified by Patel, will teach that the first sensor apparatus is configured so as to detect a pivoting movement of the handle part relative to the coupling element, in particular in an actuating position of the handle part, and to generate the electrical signal for unlocking the vehicle door.
As to claim 16, Patel teaches that the handle part (152) comprises an actuating surface, wherein the first sensor apparatus (96) is configured so as to generate the electrical signal when the actuating surface is contacted or deformed, and wherein the actuating surface is oriented towards the handle region in the actuating position of the handle part.
As to claim 17, Patel teaches that the first sensor apparatus (96) comprises a switch, in particular a microswitch, an inductive sensor, and/or a capacitive sensor.
As to claim 20, Han discloses that the actuating means can be transferred between a home position in which the actuating means is recessed in the vehicle shell, in particular within the vehicle doors, of a vehicle and an actuating position in which the actuating means protrudes out of the vehicle shell such that a gripping region is created between the actuating means and an exterior of a vehicle. Patel teaches a first sensor apparatus which is configured so as to generate an electrical signal for unlocking a vehicle door upon use of the actuating means.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 11,214,994 to Han et al (Han) in view of DE 3313100 to Krugener et al (Krugener).
As to claim 13, Han fails to disclose that the actuating mechanism comprises a cover, which closes in the home position of the handle part substantially flush with the vehicle shell or an exterior of a vehicle and covers the handle part.
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Krugener teaches that it is well known in the art to provide a handle assembly with a cover (8) to cover a handle (3) in a home position substantially flush with the vehicle shell or an exterior of a vehicle.
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 mechanism described by Han with a cover, as taught by Krugener, in order to protect or hide the handle.
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 11,214,994 to Han et al (Han) in view of US Pat No 8,690,204 to Lang et al (Lang).
As to claim 18, Han fails to disclose that the actuating mechanism comprises a sensor apparatus, which is configured so as to detect an approximation of an in particular authorized operator and, upon detection of an in particular authorized operator, to generate a control signal for transferring the handle part from the home position into the actuating position.
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Lang teaches that it is well known in the art to provide an actuating mechanism comprises a sensor apparatus (104), which is configured so as to detect an approximation of an in particular authorized operator and, upon detection of an in particular authorized operator, to generate a control signal for transferring a handle part (32) from the home position into the actuating position.
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 mechanism described by Han with a sensor, as taught by Lang, in order to automatically move the handle part.
As to claim 19, Han fails to disclose that the actuating mechanism is configured without a Bowden pull or similar movable machine element for transferring a mechanical movement as well as compressive and tensile forces.
Lang teaches that it is well known in the art to provide an actuating mechanism is configured without a Bowden pull or similar movable machine element for transferring a mechanical movement as well as compressive and tensile forces (there is no mechanical connection between the handle and the latch).
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 mechanism described by Han without any mechanical connection like a cable or the like, as taught by Lang, in order to provide less members in the door.
Allowable Subject Matter
Claim 12 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 3, 5, 8 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 9 are also allowed since the claims depend from claims 5 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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/Carlos Lugo/
Primary Examiner
Art Unit 3675
February 26, 2026