DETAILED ACTION65
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 .
Response to Arguments
Applicant's arguments filed 6/10/2026 have been fully considered but they are not persuasive. The examiner would like to note no specific language was discussed in the interview. The amendments do not require all of the light reflecting surfaces to not be exposed in the housed position. Merly the amendments require a light surface (not all light reflecting surfaces) to be completely covered by the outer panel of the door when the outer handle is in the housed position. Since Cervone teaches a surface completely covered by the outer panel of the door when the outer handle is in the housed position (which then becomes exposed) and Nolan teaches applying a light reflective tape to any part of a device including all body and cover portions in order to aid a user in locating or utilizing the handle (Nolan para 30), the combination is still obvious and the limitations are met. The examiner would agree it would be too much of a stretch of Nolan to teach/suggest all light reflecting surfaces being covered in the housed position and then becoming exposed, however this is not claimed and since Nolan teaches all surfaces of a body and cover being reflective it’s the position of the examiner that “a reflective surface” as claimed is taught by the combination.
Drawings
The drawing objections are overcome by the present replacement drawing sheet.
Claim Rejections - 35 USC § 112
The previous 112 rejections are overcome by the present amendments.
Claim Objections
Claims 1-4 objected to because of the following informalities:
In claims 1-2 “a light reflecting surface (R) is provided at at least part” should be “a light reflecting surface (R) is provided at least part”.
In claims 3-4 “the light reflecting surface (R) is provided at at least a rear” should read “the light reflecting surface (R) is provided at least a rear”.
Appropriate correction is required.
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) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cervone et al. US 20220018168 A1 (hereinafter Cervone) in view of Nolan et al. US 20110121631 A1 (hereinafter Nolan).
In regards to claim 1, Cervone teaches an outer handle device for a vehicle door, comprising: an outer handle (16) including an operating portion (40) configured to be manually operated (see fig 5), and being attached to a support case (14) fixed to an outer panel of a door (12a; see fig 2) so as to be movable between a housed position (see fig 5) where an outer surface of the outer handle is substantially flush with an outer surface of the outer panel (see fig 5) and a pop-up position where the operating portion protrudes outward from the outer panel (see fig 8); and an actuator (20) configured to drive the outer handle from the housed position to the pop-up position (para 27), wherein the outer handle is attached to the support case so that the outer handle is fully stroked manually from the pop-up position to a full stroke position further outward (para 37) and a first surface (a surface within 12a when the handle is retracted that becomes visible when the handle is extended note figs 5-6) is provided at least part of a rear surface of an end portion at least on a vehicle rear side among exposed surfaces of the outer handle that are exposed to an outside in the pop-up position (note figs 5-6 and 8), wherein the first surface is completely covered by the outer panel of the door when the outer handle is in the housed position (see figs 2 and 5).
However, Cervone does not teach the first surface is a light reflecting surface.
Nolan teaches a similar device where reflective tape may be applied to any part of the locking mechanism.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have Carvones first surface be a light reflecting surface in order to aid a user in locating or utilizing the handle (Nolan para 30).
In regards to claim 2, Cervone teaches an outer handle device for a vehicle door, comprising: an outer handle (16) including an operating portion (40) configured to be manually operated (see fig 5), and being attached to a support case (14) fixed to an outer panel of a door (12a; see fig 2)) so as to be movable between a housed position (see fig 5) where an outer surface of the outer handle is substantially flush with an outer surface of the outer panel (see fig 5) and a pop-up position where the operating portion protrudes outward from the outer panel (see fig 8); and an actuator (20) configured to drive the outer handle from the housed position to the pop-up position (para 27), wherein the outer handle is attached to the support case so that the outer handle is fully stroked manually from the pop-up position to a full stroke position further outward (para 37) and a first surface (a surface within 12a when the handle is retracted that becomes visible when the handle is extended note figs 5-6) provided at least part of an upper surface (see figs 2 and 5-6), of the outer handle , that is exposed to an outside in the pop-up position (see fig 6), wherein the first surface is completely covered by the outer panel of the door when the outer handle is in the housed position (see figs 2 and 5).
However, Cervone does not teach the first surface is a light reflecting surface.
Nolan teaches a similar device where reflective tape may be applied to any part of the locking mechanism.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have Carvones first surface be a light reflecting surface in order to aid a user in locating or utilizing the handle (Nolan para 30).
In regards to claim 3, Cervone in view of Nolan teaches the outer handle device for a vehicle door, according to claim 1, wherein, on the upper surface, of the outer handle, that is exposed to the outside in the pop-up position, at least one cover (Cervone 38) configured to cover at least part of the upper surface is detachably attached (Cervone see fig 15), and the light reflecting surface is provided at at least a rear surface of the at least one cover (Nolan teaches applying to any surface and Cervone’s 38 is covered when the handle is retracted).
In regards to claim 4, Cervone in view of Nolan teaches the outer handle device for a vehicle door, according to claim 2, wherein, on the upper surface, of the outer handle, that is exposed to the outside in the pop-up position, at least one cover (Cervone 38) configured to cover at least part of the upper surface is detachably attached (Cervone see fig 15), and the light reflecting surface is provided at at least a rear surface of the at least one cover (Nolan teaches applying to any surface and Cervone’s 38 is covered when the handle is retracted).
In regards to claim 5, Cervone in view of Nolan teaches the outer handle device for a vehicle door, according to claim 3, wherein a pivot shaft (Cervone 42) configured to guide and support a pivotal movement of the outer handle (Cervone see figs 5 and 15) is fitted with the outer handle when the outer handle is pivotally operated from the pop-up position to the full stroke position, and one of the at least one cover is provided with an engagement portion (Cervone portion covering the heads of the pins , see fig 17) configured to engage with the pivot shaft to prevent the pivot shaft from coming off the outer handle (Cervone see fig 17 and para 35).
In regards to claim 6, Cervone in view of Nolan teaches the outer handle device for a vehicle door, according to claim 4, wherein a pivot shaft (Cervone 42) configured to guide and support a pivotal movement of the outer handle (Cervone see figs 5 and 15) is fitted with the outer handle when the outer handle is pivotally operated from the pop-up position to the full stroke position, and one of the at least one cover is provided with an engagement portion (Cervone portion covering the heads of the pins , see fig 17) configured to engage with the pivot shaft to prevent the pivot shaft from coming off the outer handle (Cervone see fig 17 and para 35).
In regards to claim 7, Cervone in view of Nolan teaches the outer handle device for a vehicle door, according to claim 1.
However, Cervone does not teach wherein the outer handle is provided with a lighting device configured to illuminate the light reflecting surface.
Nolan teaches a lighting device used to illuminate their locking mechanism to indicate the locked or unlocked position (para 30).
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 outer handle is provided with a lighting device configured to illuminate the light reflecting surface in order to indicate the status of the handle (see Nolan para 30).
In regards to claim 8, Cervone in view of Nolan teaches the outer handle device for a vehicle door, according to claim 2.
However, Cervone does not teach wherein the outer handle is provided with a lighting device configured to illuminate the light reflecting surface.
Nolan teaches a lighting device used to illuminate their locking mechanism to indicate the locked or unlocked position (para 30).
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 outer handle is provided with a lighting device configured to illuminate the light reflecting surface in order to indicate the status of the handle (see Nolan para 30).
Conclusion
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.
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.
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/PETER H WATSON/Examiner, Art Unit 3675
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