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 .
This Office Action is in response to applicant’s RCE filed on 8/25/25.
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) 11, 14, 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 8,701,353 to Patel et al (Patel) in view of DE 102006018187 to Nagashima et al (Nagashima) and DE 4026217 to Freudenber.
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Regarding claim 11, Patel discloses a vehicle door for a motor vehicle that comprises a handle element (152) configured to move between a stowed position and an operating position, the handle element defining a base movably mounted in the door.
An electronic operating element (96) disposed on the base of the handle element, the electronic operating element being exposed outside of the vehicle door in the operating position.
An electric door lock (30) is openable via the electronic operating element.
A control device (31, 60) configured to control the handle element movement between the stowed position and the operating position, and to control the electronic operating element and the electric door lock.
A rail (164) is configured to allow the base of the handle element to move along the rail between the stowed position and the operating position.
Patel fails to disclose that the handle element is movably mounted in a shaft which is disposed in a window shaft of the vehicle door, so as to be exposed outside of the vehicle door, in a region of a sill line of the vehicle door in the operating position.
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Nagashima teaches that it is well known in the art to provide a door handle (4) that moves between a stowed position and an operating position that is located by the sill line (8) of the door (2).
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 handle describe by Patel by the sill line of the door, as taught by Nagashima, in order to provide a clean surface of the door and to position the handle at a more discrete place.
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Freudenber teaches that it is well known in the art to mount a handle (15) on a window shaft (7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to mount the handle on a window shaft, as taught by Freudenber, in order to secure it to a strong member on the door.
As to claim 14, Patel discloses that the electronic operating element has a touch sensor device via which a door opening signal for electrically opening the electric door lock is generatable (col 7 line 59).
As to claim 17, Patel discloses that the electronic operating element is activatable by a near-field communication device (fob) and the handle is then movable between the stowed position and the operating position by the near-field communication device.
As to claim 18, Patel discloses that the electronic operating element has at least one indicator (20, 22) for at least an operating state or an electrical charge state.
Claim(s) 11, 14, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 8,690,204 to Lang et al (Lang) in view of DE 102006018187 to Nagashima et al (Nagashima), DE 102017006838 to Mielke and DE 4026217 to Freudenber.
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Regarding claim 11, Lang discloses a vehicle door for a motor vehicle that comprises a handle element (32) configured to move between a stowed position and an operating position, the handle element defining a base movably mounted in the door.
An electronic operating element (102) disposed on the base of the handle element.
An electric door lock (98) is openable via the electronic operating element.
A control device (100) configured to control the handle element movement between the stowed position and the operating position, and to control the electronic operating element and the electric door lock.
A rail (52) is configured to allow the base of the handle element to move along the rail between the stowed position and the operating position.
Lang fails to disclose that the handle element is movably mounted in a shaft which is disposed in a window shaft of the vehicle door, so as to be exposed outside of the vehicle door, in a region of a sill line of the vehicle door in the operating position, exposing the electronic operating element.
Nagashima teaches that it is well known in the art to provide a door handle (4) that moves between a stowed position and an operating position that is located by the sill line (8) of the door (2).
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 handle describe by Lang by the sill line of the door, as taught by Nagashima, in order to provide a clean surface of the door and to position the handle at a more discrete place.
Mielke teaches that it is well known in the art to provide an electronic component element (20) located on a handle shaft (34) of a handle (19) that is disposed inside when the handle is in a stowed position and disposed for actuation when the handle is in an operating 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 electronic component element describe by Lang on a handle shaft, as taught by Mielke, in order to have the element in a more discrete position without affecting the function of the element when the handle is in the operating position.
Freudenber teaches that it is well known in the art to mount a handle (15) on a window shaft (7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to mount the handle on a window shaft, as taught by Freudenber, in order to secure it to a strong member on the door.
As to claim 14, Lang discloses that the electronic operating element (102) has a touch sensor device via which a door opening signal for electrically opening the electric door lock is generatable.
As to claim 17, Lang discloses that the electronic operating element is activatable by a near-field communication device and the handle is then movable between the stowed position and the operating position by the near-field communication device (col 6 line 22, the sensor 104 can include a receiver that is configured to receive a signal from a handheld device).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 8,690,204 to Lang et al (Lang) in view of DE 102006018187 to Nagashima et al (Nagashima), DE 102017006838 to Mielke and DE 4026217 to Freudenber and further in view of US Pat No 8,701,353 to Patel et al (Patel).
Lang, as modified by Nagashima, Freudenber and Mielke, fails to disclose that the electronic operating element has at least one indicator for at least an operating state or an electrical charge state.
Patel teaches that it is well known in the art to provide at least one indicator (20, 22) for at least an operating state or an electrical charge state.
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 describe by Lang, as modified by Nagashima, Freudenber and Mielke, with at least one indicator, as taught by Patel, in order to indicate the user of a state of the device.
Response to Arguments
With respect to the 112 2nd paragraph rejection to claim 11, with respect to the limitation “window shaft”, the rejection is “provisionally” withdrawn.
Here is a definition of what is a window shaft:
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However, it appears that the intention is to use this other definition, of a window shaft frame:
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The term used also for the second definition is “window shaft”, but it still related to hat frame structure.
Therefore, the examiner has interpreted the limitation as shown in the second definition, the frame structure on the door.
So, the 112 rejection has been provisionally withdrawn in view of the second definition.
In view of that, a prior art rejection has been made on the record.
However, in order to expedite prosecution, the examiner is again presenting the following amendment to claim 11, to overcome the current rejection:
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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
September 11, 2026
Prosecution Insights