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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 27, 2026 has been entered.
The examiner acknowledges applicant’s amendments to claims 1-9 and the cancellation of claim 10.
Claim Objections
Claims 1, 6, and 7 are objected to because of the following informalities:
In regards to claim 1, lines 10-24 should read as follows: “a frame part; an inner wall part extending from the frame part and defining a space into which a user’s hand is inserted to reach the at least one electronic switch of the bracket; and at least one sensor configured to detect the user’s hand so as to allow a locking and an unlocking of the door when the user’s hand is detected, the at least one sensor being positioned such that, when the user’s hand is inserted into the space of the cover member in order to reach the at least one electronic switch, the user’s hand is detected by the at least one sensor before the user’s hand reaches the at least one electronic switch, so as to allow the unlocking of the door, wherein the at least one electronic switch is arranged on an upper part of the bracket and behind a casing arranged on the upper part of the bracket, wherein the space of the cover member defined by the inner wall part opens to the upper part of the bracket, such that the user’s hand reaches the at least one electronic switch when the user’s hand is inserted into the cover member, and wherein the at least one sensor is arranged on the inner wall part opposite to a side of the cover member that faces the user’s hand when the user’s hand is inserted into the space defined by the inner wall part of the cover member in order to reach the at least one electronic switch.”
In regards to claims 6 and 7, these claims should be canceled as set forth in the rejections under 35 U.S.C. 112(b) set forth below.
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.
Claims 1-9 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.
In regards to claim 1, a broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, the claim recites the broad recitation “a locking and/or an unlocking,” and the claim also recites the unlocking which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. For examination purposes, the claim will be examined as reciting “a locking and an unlocking.” See claim objections above.
In regards to claim 1, lines 19-21, it is unclear how the casing is “made in the bracket,” which suggests either that the casing is manufactured within the confines of the bracket or that the casing is integral or one piece with the bracket. The specification does not provide support for either of these. The specification sets forth in Paragraph 48 that the casing 16 is arranged on the upper part of the bracket, and the claim will be examined with the language supported in the specification. Furthermore, the phrase “into which the inner wall part of the cover member opens” suggests that the cover member opens into the casing, which is not supported by the specification. It is understood from the specification that the at least one electronic switch is arranged on an upper part of the bracket and behind a casing arranged on the upper part of the bracket, with a space defined by the inner wall part of the cover member into which a user’s hand is inserted into to reach the at least one electronic switch, and with the space defined by the inner wall part of the cover member opening to the upper part of the bracket, such that the user’s hand reaches the at least one electronic switch and will be examined as such. See claim objections above.
In regards to claim 1, lines 22-24, the metes and bounds of the phrase “a side of the cover member intended to face” is unclear from the claim language, i.e. is this required by the claim? It is understood from the specification that the side of the cover member opposite to the inner wall part faces the user’s hand when the user’s hand is inserted into the space of the cover member, and will be examined as such. See claim objections above.
In regards to claims 6 and 7, it is unclear how these claims further limit claim 1 based on the limitations added to claim 1 by applicant. It is suggested that these claims be canceled.
In regards to claims 2-5, 8, and 9, these claims are rejected under 35 U.S.C. 112(b) because they depend from claim 1.
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: Although the references of record show some features similar to those of applicant’s device, the prior art fails to teach or make obvious the claimed invention.
In regards to claim 1, the combination of Freyholdt et al. (US Pub. No. 2006/0186992) in view of Guerin (US Pub. No. 2021/0381287) fails to teach that the at least one electronic switch is arranged on an upper part of the bracket and behind a casing arranged on the upper part of the bracket and fails to teach that the at least one sensor is arranged on the inner wall part opposite to a side of the cover member that faces the user’s hand when the user’s hand is inserted into he space defined by the inner wall part of the cover member in order to reach the at least one electronic switch. The examiner can find no motivation to modify the device without employing improper hindsight reasoning and without destroying the intended structure and operation of the device.
Conclusion
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.
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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 September 16, 2026
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