DETAILED ACTION
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 1-16 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 claim 1, in “to be actuated”, it is unclear what the door lock is intended to be actuated for and how it is intended to be actuated in the context of the claim language.
In claim 1, in “and is configured to”, it is unclear exactly what claim element is intended to be referred to in the context of the claim language.
In claim 1, the intended structural and/or functional purpose of “in the retracted position, the handle pivots at least partially behind the outer door panel” is unclear and not fully understood in the context of the claim language.
Similar 112 issues as above are found through several of the remaining claims.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moriyama et al., US Patent Application Publication 2022/0243507A1. As in claim 1, a vehicle door (including 11), inherently comprising a vehicle door lock to be actuated (as conventional), which interacts with a handle (see figures, including figure 5) and is configured to pivot about an axle which extends substantially in a longitudinal direction of the vehicle (as conventional), and a recess (see figures) in an outer door panel for the handle, wherein the handle pivots into an extended position or into a retracted position via an actuator, wherein the recess is at least broadly arranged in an area of a window frame (as conventional) and the handle is received in the recess, and wherein, in the retracted position, the handle pivots at least partially behind the outer door panel (as conventional – see figures). As in claim 2, there is no mechanical connection between the handle and the electric vehicle door lock. As in claim 3, the actuator is either attached directly to the handle or integrated into it. As in claim 4, the actuator is arranged spatially separated from the handle and the handle is pivoted by actuating a transmission element. As in claim 5, the transmission element rotates about an axle. As in claim 6, the transmission element is moved linearly. As in claim 7, the actuator has a spindle drive. As in claim 8, in the retracted position, the handle is pivoted such that an outer part of the handle closes the recess in the outer door panel. As in claim 9, the outer part of the handle is adapted to the surrounding contours of the vehicle door. As in claim 10, the handle extends substantially in a longitudinal direction of the vehicle. As in claim 11, the handle extends substantially in a vertical direction of the vehicle. As in claim 12, the handle extends substantially in a transverse direction of the vehicle. As in claim 13, in the retracted position, the handle extends flush with a window shaft cover. As in claim 14, a camera is integrated into the handle. As in claim 15, the camera records at least rear traffic.
As in claim 16, the handle on the vehicle door can open or close at least one other vehicle door or flap for the driver.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK A WILLIAMS whose telephone number is (571)272-7064. The examiner can normally be reached Monday through Friday.
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 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.
/MARK A WILLIAMS/Primary Examiner, Art Unit 3675