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 amendment filed on 8/25/25.
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 11-20 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.
Claims 11 and 20 requires that the electronic operating member is movable between a stowed position and an operating position. At the instant, the limitation is indefinite since the element that actually moves between the two positions is the handle; the electronic operating member is a member mounted in the handle. Correction is required.
Claim 12 requires that the handle moves between the stowed and operating positions. However, it is unclear how, since the claim does not provide any structure that allows that function. The handle does not move by itself. Correction is required.
Claim 15 requires the following:
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At the instant, it is unclear what is claimed here.
First, the invention requires a sensor (15) that when activated, the door drive 17 automatically open the door. That is clear.
However, then there is another sensor (16) for manually open the door by the handle and assisted by the door drive in a servo mode. IF the door drive is used, then how the opening of the door can be “manual” as claimed?
Furthermore, for automatically open the door with the 1st sensor (15), the handle is also assisting since the sensor is only accessible when the handle is moved.
Finally, how the door drive changes between modes?
Therefore, in order to continue with the examination, a broad interpretation will be given. Correction is required.
Claim 16 requires the following:
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At the instant, the limitation is indefinite. First, claim 16 presents the same issue. Is the handle disposed on the window, not the electronic operating member. Correction is required.
Second, the electronic operating element 3 is not disposed of in a window shaft. As clearly shown in fig 2, the electronic operating element 3 is disposed on a handle shaft, so that in the stowage position, the electronic operating element 3 is disposed of inside the door and in the operating position, the element is disposed on a region of the sill line. Correction is required.
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) 11-14 and 17-20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US Pat No 8,701,353 to Patel et al (Patel).
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Regarding claims 11, 12 and 20, Patel discloses a vehicle door for a motor vehicle that comprises an electronic operating element (96) disposed on an outside of the vehicle door (14). An electric door lock (30) is openable via the electronic operating element. The electronic operating element (96) is integrated into a handle element (152) for opening the vehicle door, wherein the handle element is movable between a stowed position and an operating position.
As to claim 13, Patel discloses that the electronic operating element (96) is disposed in a region of the handle element that is hidden from an outer side and/or a top side of the vehicle 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.
As to claim 19, Patel discloses that the vehicle door further comprises a control device (31, 61) which is configured to control the electronic operating element and the electric door lock, wherein the control device is integrated into the vehicle door.
Claim(s) 11-14, 17, 19 and 20 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US Pat No 8,690,204 to Lang et al (Lang).
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Regarding claims 11, 12 and 20, Lang discloses a vehicle door for a motor vehicle that comprises an electronic operating element (102) disposed on an outside of the vehicle door (48). An electric door lock (98) is openable via the electronic operating element. The electronic operating element (102) is integrated into a handle element (32) for opening the vehicle door, wherein the handle element is movable between a stowed position (fig 3) and an operating position (fig 4).
As to claim 13, Lang illustrates that the electronic operating element (96) is disposed in a region of the handle element that is hidden from an outer side and/or a top side of the vehicle door (within the handle body, figs 1 or 2).
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).
As to claim 19, Lang discloses that the vehicle door further comprises a control device (100) which is configured to control the electronic operating element and the electric door lock, wherein the control device is integrated into the vehicle door.
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) 15 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 US Pat application Publication No 20230243192 to Konrad et al (Konrad) and US Pat Application No 20200263459 to Debroucke et al (Debroucke).
Patel fails to disclose that the electronic operating element has a first sensor device for automatically opening the vehicle door by a door drive in an automatic mode and a second sensor device for opening the vehicle door in a servo mode after the door lock has been unlocked.
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Debroucke teaches that it is well known in the art to provide a control interface (handle 42) with a sensor so as to operate a door opener and move the door after the door lock is unlocked.
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Konrad teaches that it is well known in the art to provide a handle (4) with 1st and 2nd sensor devices (8 and 9) that allows the user to either automatically operate a member or in a servo mode by means of manually actuate the handle and with the aid of a drive.
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 Patel with a door opener, as taught by Debroucke, in order to aid in opening the door.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide different ways to operate an electronic device by automatically or using a servo mode, as taught by Konrad, in order to allow the user to choose either process with defined force assistance.
Claim(s) 16 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 102017006838 to Mielke.
Patel fails to disclose that the electronic operating element is disposed on a handle shaft, so that in the stowage position, the electronic operating element is disposed of inside the door and in the operating position, the element is disposed on a region of the sill line.
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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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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 Patel 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.
Claim(s) 15 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 US Pat application Publication No 20230243192 to Konrad et al (Konrad) and US Pat Application No 20200263459 to Debroucke et al (Debroucke).
Lang fails to disclose that the electronic operating element has a first sensor device for automatically opening the vehicle door by a door drive in an automatic mode and a second sensor device for opening the vehicle door in a servo mode after the door lock has been unlocked.
Debroucke teaches that it is well known in the art to provide a control interface (handle 42) with a sensor so as to operate a door opener and move the door after the door lock is unlocked.
Konrad teaches that it is well known in the art to provide a handle (4) with 1st and 2nd sensor devices (8 and 9) that allows the user to either automatically operate a member or in a servo mode by means of manually actuate the handle and with the aid of a drive.
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 with a door opener, as taught by Debroucke, in order to aid in opening the door.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide different ways to operate an electronic device by automatically or using a servo mode, as taught by Konrad, in order to allow the user to choose either process with defined force assistance.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable US Pat No 8,690,204 to Lang et al (Lang) in view of DE 102006018187 to Nagashima et al (Nagashima) and DE 102017006838 to Mielke.
Lang fails to disclose that the electronic operating element is disposed on a handle shaft, so that in the stowage position, the electronic operating element is disposed of inside the door and in the operating position, the element is disposed on a region of the sill line.
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.
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 US Pat No 8,701,353 to Patel et al (Patel).
Lang 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 with at least one indicator, as taught by Patel, in order to indicate the user of a state of the device.
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
November 12, 2025