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 .
The examiner acknowledges applicant’s amendments to claims 1-16 and the addition of new claims 17-21 filed February 12, 2026.
Claim Objections
Claim 12 is objected to because of the following informalities: Line 3, the phrase “an electronic latch” should be changed to “the electronic latch.” Appropriate correction is required.
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.
Claim 12 is 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.
In regards to claim 12, the relationship between the “electrical latch” of claim 12 and the “electronic latch” of claim 1 is unclear from the claim language. It is understood from the specification that the “electrical latch” of claim 12 is equivalent to the “electronic latch” of claim 1, and will be examined as such. The claims should use consistent terminology. See claim objections above.
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, 7, 9-10, 13, 18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jarnicki et al. (US Pub. No. 2020/0362604).
In regards to claim 1, Jarnicki et al. discloses an electronic switch subassembly configured to be assembled to an inner side of a vehicle door 2 (at least a portion of the electronic switch assembly is configured to be assembled indirectly to an inner side of the outer panel of the vehicle door, Paragraphs 46 and 47), the switch subassembly being configured to be activated by a user’s touch so as to send a signal to an electronic latch 5 to open the door, the switch subassembly comprising: a switch contact area 7 extending across a transverse direction with respect to a path to be followed by a user’s hand to reach the switch contact area when the subassembly is assembled to the vehicle door (Figures 5 and 6B), and at least two switch elements (see Figure 3 below), each switch element comprising one or more switch(es) 9.1.1, the at least two switch elements being arranged at different positions along the transverse direction so that the user’s touch on the switch contact area activates at least one of the one or more switches (Figures 3, 5, and 6C).
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In regards to claim 7, Jarnicki et al. discloses a paddle 8 comprising the switch contact area, the paddle comprising for each switch element of the at least two switch elements corresponding subcircuit allowing activation of the one or more switches of the at least two switch elements by the user’s touch on the switch contact area (each switch has its own portion of circuit board L, and therefore, has its own corresponding subcircuit).
In regards to claim 9, Jarnicki et al. discloses a printed circuit board assembly L comprising the at least two switch elements (Figure 3).
In regards to claim 10, Jarnicki et al. discloses a housing 3 configured to cooperate with a paddle 8 so as to define an inner space in which the printed circuit board assembly is arranged (Figure 2).
In regards to claim 13, Jarnicki et al. discloses a bracket 6 configured to be assembled to an inner side of a vehicle door (at least a portion of the bracket is configured to be assembled directly or indirectly to an inner side of the outer panel of the vehicle door, Paragraphs 46 and 47), the bracket comprising: the electronic switch subassembly of claim 1, and a body 6.1 to which the switch subassembly is attached.
In regards to claim 18, Jarnicki et al. discloses that the printed circuit board assembly comprises a first electrical subcircuit and a second electrical subcircuit (each switch has its own portion of circuit board L, and therefore, has its own corresponding subcircuit).
In regards to claim 20, Jarnicki et al. discloses the basic claimed invention, wherein the switch contact area is secured or attached to the electronic switch subassembly. Although Jarnicki et al. does not specifically disclose that the switch contact area is obtained by overmolding, the examiner would like to point out that these limitations are process limitations relating to the method or process by which the device is being fabricated. Therefore, even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. Thus since Jarnicki et al. discloses the same final product as applicant, the claimed limitations are met.
Claim(s) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jarnicki et al. (US Pub. No. 2020/0362604) in view of Lammich et al. (US Pub. No. 2021/0262254).
In regards to claim 2, Jarnicki et al. discloses the electronic switch assembly as applied to claim 1 above, with the switch subassembly being activated when at least one of the one or more switches 9.1.1 is activated, but fails to disclose that the one or more switches of each of the at least two switch elements comprises a first switch and a second switch. Lammich et al. teaches a grouping of a first switch 2 and a second switch 1 for electrical cooperation with one another, and groupings of other first 17 and 19 switches with second switches 16 and 18 (Figure 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include a second switch with each of the first switches 9.1.1 of Jarnicki et al., with reasonable expectation of success, in order to aid in detecting movement of the paddle 8.
In regards to claim 3, Lammich et al. teaches that the first switches and the second switches are configured such that an output signal by each of the first switches, when activated, is inverted with respective to an output signal sent by each of the second switches when activated (Paragraphs 48-50).
In regards to claim 4, Lammich et al. teaches a first electrical subcircuit (circuit portion with components 2, 17, 19, 9, 7, 3a, 3b, and 8 in Figure 5) connecting the first switches 2, 17, and 19 together, and a second electrical subcircuit (circuit portion with components 1, 3a, 3b, 4, 16, 18, and 6 in Figure 5) connecting the second switch elements together, the first electrical subcircuit being distinct from the second electrical subcircuit (Figure 5).
In regards to claim 5, Jarnicki et al. fails to disclose at least three of the at least two switching elements. Lammich et al. teaches at least three switching elements, first switching element 1, 2, second switching element 16, 17, and third switching element 18, 19 (Figure 6). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include at least one more switching element, with reasonable expectation of success, in order to enhance the detection of the operation of the paddle.
Claim(s) 6, 8, 11, 17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jarnicki et al. (US Pub. No. 2020/0362604) in view of Ieda et al. (US Pub. No. 2008/0290668).
In regards to claim 6, Jarnicki et al. discloses the electronic switch subassembly as applied to claim 1 above, but fails to disclose a light source arranged to light the path to be followed by the user’s hand to reach the switch contact area when the switch subassembly is assembled to the vehicle door. Ieda et al. teaches a light source 43 arranged to light a path to be followed by a user’s hand (lights area between handle 2 and door panel 60, in which the user’s hand is inserted, Figures 2-4) to reach a switch contact area (area in which at least sensor 31 is activated, Paragraphs 42, 46, and 47 and Figure 3) when a switch subassembly is assembled to a vehicle door (Figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include a light source, with reasonable expectation of success, in order to visually aid a user when operating the device.
In regards to claim 8, Jarnicki et al. discloses the electronic switch subassembly as applied to claims 1 and 7 above, but fails to disclose that the paddle comprises at least a window part that is at least partially transparent to a light emitted by a light source, so as to light the path followed by the user’s hand to reach the switch contact area when the switch subassembly is assembled to the vehicle door, with the window part being located downstream from the switch contact are with respect to the path followed by the user’s hand so as to reach the switch contact area. Ieda et al. teaches a paddle or movable element 2 comprising a window part 44 that is at least partially transparent to a light emitted by a light source 43, so as to light a path followed by a user’s hand (lights area between handle 2 and door panel 60, in which the user’s hand is inserted, Figures 2-4) to reach a switch contact area (area in which at least sensor 31 is activated, Paragraphs 42, 46, and 47 and Figure 3) when a switch subassembly is assembled to a vehicle door (Figures 3 and 4), the window part being located downstream from the switch contact area (Figures 3 and 4) with respect to the path followed by the user’s hand so as to reach the switch contact area. It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include a light source, with reasonable expectation of success, in order to visually aid a user when operating the device.
In regards to claim 11, Jarnicki et al. discloses the electronic switch subassembly as applied to claim 1 above, with a contact zone located between the housing and the paddle (zone in which the circuit board L is located between the housing and the paddle, Figures 5-6C). Jarnicki et al. fails to disclose that the connection between the housing and the paddle forms a waterproof seal. Ieda et al. teaches sealing electrical components to provide a waterproof seal (Paragraph 49). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to specify that the connection between the housing and the paddle provides a waterproof seal, with reasonable expectation of success, such that the electrical components of the device are protected from the elements. Although Ieda et al. does not specifically teach that the sealing is caused by laser welding, the examiner would like to point out that this limitation is a process limitation relating to the method or process by which the device is being fabricated. Therefore, even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. Thus since Jarnicki et al. in view of Ieda et al. teaches the same final product, the claimed limitations are met.
In regards to claim 17, Ieda et al. teaches that the window part is located in an upper part of the handle (upper part when the handle is viewed from the location of reference character 60 and looking towards the location of reference character 21 in Figure 3) and a switch contact area (area with element 31, Figure 3) is located in a lower part of the handle (lower part relative to the upper part when the handle is viewed from the location of reference character 60 and looking towards the location of reference character 21 in Figure 3). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to specify that the window part is located in an upper part of the paddle of Jarnicki et al. and that the switch contact area is located in a lower part of the paddle of Jarnicki et al. such that the window part provides a path for a light source visible to a user.
In regards to claim 19, Jarnicki et al. discloses the electronic switch subassembly as applied to claim 1 above, but fails to disclose a light source. Ieda et al. teaches a light source 43 arranged to light a path to be followed by a user’s hand (lights area between handle 2 and door panel 60. It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include a light source, with reasonable expectation of success, in order to visually aid a user when operating the device.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jarnicki et al. (US Pub. No. 2020/0362604) in view of Noda et al. (US Pub. No. 2014/0203574). Jarnicki et al. discloses the electronic switch subassembly as applied to claims 1, 9, and 10 above, with the printed circuit board assembly being electrically connected to the electronic latch by electrical connection means (Paragraph 52). Jarnicki et al. fails to specify that the housing has an opening through which the electrical connection means extend out of the inner space, with the opening being sealed to form a waterproof seal. Noda et al. teaches a circuit board assembly (Paragraph 44) electrically connected to an electronic latch by electrical connection means 38 that extend through an opening in a housing 30 so as to extend out of an inner pace of the housing, with the opening being sealed (sealed by component 36) to form a waterproof seal (Paragraph 56). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to specify that the electrical connection means extend from the housing through an opening and the opening being sealed from water, with reasonable expectation of success, since it is known in the art to use electrical connections, such as cords or wires, to provide electrical connections between components.
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jarnicki et al. (US Pub. No. 2020/0362604) in view of Mönig et al. (US-7158044).
In regards to claim 14, Jarnicki et al. discloses an assembly for opening and/or closing a vehicle door, the assembly comprising: the bracket according to claim 13, but fails to disclose a cover member configured to be attached to the bracket, the cover member comprising: a frame part, and an inner wall part extending from the frame part so as to allow an access by the user’s hand to the electronic switch subassembly of the bracket. Mönig et al. teaches a cover member configured to be attached to a bracket 20, with the cover member comprising: a frame part (portion at the indicator line for reference character 10, Figure 4), and an inner wall part (wall part extending into the door, Figure 4) extending from the frame part so as to allow an access by a user’s hand to an electronic subassembly 15 (Figures 1, 3, and 4). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include a frame part on the outer surface of the vehicle door, with reasonable expectation of success, so as to provide support for the bracket and to provide an aesthetically pleasing look to the outer surface of the vehicle door.
In regards to claim 15, Jarnicki et al. in view of Mönig et al. teaches that the body has a cavity (space in which the user’s hand is located in Figure 6B of Jarnicki et al.) for forming a part of the path to be followed by the user’s hand towards the electronic switch subassembly so as to activate the electronic switch subassembly, after passing through the frame part (the user’s hand passes through the frame part into the space behind handle 30, Figure 1 of Mönig et al.).
In regards to claim 16, Jarnicki et al. in view of Mönig et al. teaches a method for opening a vehicle door by means of the assembly of claim 14, the method comprising an activation of the electronic switch subassembly by the user’s touch so as to send a signal to the electronic latch to open the door, the activation of the electronic switch subassembly further comprising, in response to the user’s touch on the switch contact area, a step of activation of at least one of the one or more switches (Paragraph 67 of Jarnicki et al.).
In regards to claim 21, Jarnicki et al. in view of Mönig et al. teaches a system comprising the assembly of claim 14, and the vehicle door, the assembly being assembled to the vehicle door.
Response to Arguments
33. Applicant's arguments filed February 12, 2026 have been fully considered but they are not persuasive. Applicant argues that Jarnicki et al. does not disclose the electronic switch subassembly is configured to be assembled indirectly to an inner side of an outer panel of a vehicle door. The examiner would like to point out that applicant is arguing capable of or configured to language within claim 1. It is understood from claim 1 and new dependent claim 21, which positively recites the assembling of the assembly of claim 14 to the vehicle door, that claim 1 is drawn to the electronic switch subassembly alone and that claim 21 requires the electronic switch subassembly to be assembled to the door. Furthermore, as discussed in Paragraphs 46 and 47 of Jarnicki et al. and shown in Figure 8, the door includes an outer panel 2 which inherently has an inner side and an outer side, with at least a portion of the electronic switch subassembly being capable of or configured to be assembled directly to the outer side of the outer panel, as shown in Figure 2, and therefore, is also indirectly assembled to the inner side via the connection of the electronic switch subassembly to the outer side. The language of claim 1 only recites the possibility of the electronic switch subassembly to be assembled to the inner side of the vehicle door, and also, even if the assembly were examined as positively recited, the claim does not require that the electronic switch subassembly be directly assembled to the inner side of the vehicle door. Therefore, the claim limitations are met.
34. In regards to applicant’s remarks concerning claim 11, as set forth in the rejection, the limitation regarding the laser welding is a process limitation relating to the method or process by which the device is being fabricated. Therefore, even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. Thus since Jarnicki et al. in view of Ieda et al. teaches the same final product, the claimed limitations are met.
35. In light of applicant’s amendments to the specification, the objections to the specification and drawings set forth in the previous Office Action are withdrawn.
36. In regards to applicant’s amendments to the claims, most of the claim objections and rejections under 35 U.S.C. 112(b) set forth in the previous Office Action are withdrawn.
Conclusion
37. 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.
38. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSON MERLINO whose telephone number is (571)272-2219. The examiner can normally be reached Monday - Friday 7 AM to 3 PM.
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, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 May 28, 2026
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