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 .
Claim Rejections - 35 USC § 112
Claims 11-20 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 11, Claim 1 “A side door of a motor vehicle, comprising: an exterior door handle which extends, proceeding from the side door” is unclear. It appears the claim introduces the exterior door handle as a part of the side door but then is claimed separately from the side door. It’s accordingly unclear what the intended relationship between the side door and exterior door handle is intended. For the purpose of examination, the limitation is assumed to read “An apparatus of a motor vehicle, comprising: an exterior door handle which extends, proceeding from a side door”.
Claims 12-20 are rejected due to their dependency on the rejected claims above.
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) 11-13 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walawender et al. US 20200369128 A1 (hereinafter Walawender) in view of Menke US 20020005016 A1 (hereinafter Menke).
In regards to claim 11, as best understood in light of previous 112 rejection, Walawender teaches a side door (5) of a motor vehicle, comprising: an exterior door handle (10) which extends, proceeding from the side door in a state in which the side door is attached to the motor vehicle, outward in a motor vehicle width direction and upward in a motor vehicle height direction (see fig 11); a sensor disposed (22).
However, Walawender does not teach wherein the exterior door handle has the sensor disposed and configured to detect a hand situated at a predetermined distance from and/or on the exterior door handle.
Menke teaches a similar device wherein an exterior door handle (3) has a sensor disposed (1) and configured to detect a hand situated at a predetermined distance from and/or on the exterior door handle (see fig 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have provided Walawender’s button on the exterior door handle, such as in Menke, in order to allow a single natural movement to open and unlock the door and allow a person unfamiliar with the door to more easily open it (see Menke para 14) .
In regards to claim 12, Walawender in view of Menke teaches the side door according to claim 11, wherein the sensor is a proximity sensor or a mechanical pushbutton or an electromechanical pushbutton (Walawender para 39).
In regards to claim 13, Walawender in view of Menke teaches the side door according to claim 11, wherein a handle depression (see reference image 1) formed by the exterior door handle between the exterior door handle and the side door, in the state in which the side door is attached to the motor vehicle, is open upward (see reference image 1) or downward in the motor vehicle height direction and toward a front and a back in a motor vehicle longitudinal direction (see fig 9).
PNG
media_image1.png
454
330
media_image1.png
Greyscale
Reference image 1
In regards to claim 14, Walawender in view of Menke teaches the side door according to claim 13, wherein the sensor is disposed and configured to detect the hand when the hand is disposed in the handle depression (As Menke teaches placing on an interior of what is grasped, for the natural movement).
In regards to claim 19, Walawender in view of Menke teaches the side door according to claim 11, wherein the side door has a locking mechanism (Walawender see fig 3) and is configured to unlock the locking mechanism when the hand is detected by the sensor (Walawender para 39).
Claim(s) 15-17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walawender in view of Menke as applied to claims 11-13 and 19 above, and further in view of Pally EP 1790528 A1 (hereinafter Pally).
In regards to claim 15, Walawender in view of Menke teaches the side door according to claim 11.
However, Walawender does not teach wherein the exterior door handle has an illumination device disposed and configured to emit light visible to a human eye to a surrounding of the exterior door handle.
Pally teaches wherein an exterior door handle has an illumination device (3) disposed and configured to emit light visible to a human eye to a surrounding of the exterior door handle (see fig 6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the exterior door handle has an illumination device disposed and configured to emit light visible to a human eye to a surrounding of the exterior door handle in order to illuminate the contour of the of door handle, making the door handle easier to locate.
In regards to claim 16, Walawender in view of Menke and Pally teaches the side door according to claim 15, wherein the illumination device has a light source (Pally: 12) with a light guide (Pally19; note para 20) which are disposed such that in the state in which the side door is attached to the motor vehicle, light emitted by the light source to the surrounding of the exterior door handle via the light guide is emitted upward in the motor vehicle height direction (Pally see para 20).
In regards to claim 17, Walawender in view of Menke and Pally teaches the side door according to claim 16, wherein: the light source is disposed laterally with respect to an elongate cutout (Pally: cutout for 19 and/or 20) in the exterior door handle (see Pally: fig 6), wherein a longitudinal direction of the cutout, in the state in which the side door is attached to the motor vehicle, extends along a motor vehicle longitudinal direction (Pally see fig 1 and fig 6); the light guide is disposed below the elongate cutout (Pally see fig 6, at least as its below 20); and the exterior door handle has a partition wall (walls of around 20) which is disposed in the elongate cutout between the surrounding of the exterior door handle and the light guide (see fig 6) and subdivides the elongate cutout into sub-regions (see fig 6).
In regards to claim 20, Walawender in view of Menke teaches the side door according to claim 19.
However, Walawender does not teach wherein the exterior door handle has an illumination device disposed and configured to emit light visible to a human eye to a surrounding of the exterior door handle and wherein the side door is configured to control the illumination device depending on a state of the locking mechanism.
Pally teaches an exterior door handle has an illumination device (at least 8 and/or 11) disposed and configured to emit light visible to a human eye to a surrounding of the exterior door handle and wherein the side door is configured to control (at least via its connection to 12) the illumination device depending on a state of the locking mechanism (see para 7).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have provided Walawender with an illumination device disposed and configured to emit light visible to a human eye to a surrounding of the exterior door handle and wherein the side door is configured to control the illumination device depending on a state of the locking mechanism in order to display the contour of the outer handle as well as prevent accidentally leaving the door unlocked (see Pally para 4).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walawender in view of Menke and Pally as applied to claims 15-17 and 20 above, and further in view of De wind et al. US 20130130674 A1 (hereinafter De wind).
In regards to claim 18, Walawender in view of Menke and Pally teaches the side door according to claim 17, wherein the elongate cutout is closed by a surface (20).
However, Walamander alone does not teach an elongate cutout is closed by a transparent or a matt-finished surface and Pally is silent on details of 20.
De wind teaches a similar cover (418) with a matt-finished surface (see frosting in para 61) .
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the elongate cutout is closed by a transparent or a matt-finished surface in Walamander in order to diffuse or spread out the emitted light to provide substantially uniform illumination and to limit or substantially preclude bright spots (see De wind Para 61).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Mensch US 20230184010 A1 – teaches a similar device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER H WATSON whose telephone number is (571)272-5393. The examiner can normally be reached M-F 9 - 5.
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 M 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PETER H WATSON/Examiner, Art Unit 3675
Prosecution Insights