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 election filed on 5/5/26.
Election/Restrictions
Applicant's election with traverse of species 2, figs 2a-2e and 3 in the reply filed on 5/5/26 is acknowledged. The traversal is on the ground(s) that the species are not mutually exclusive. This is not found persuasive because the species elected requires inward movement in order to the assembly be actuated. That makes it different from the other assembly presented in species 1. Therefore, the argument is not persuasive.
The requirement is still deemed proper and is therefore made FINAL.
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 8, 17 and 21 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.
The claims require that the controller operates the motor to move the handle to extend beyond the pulled position when it determines that the handle has reached the pulled position.
At the instant, the limitation is indefinite. Here is what is illustrated and described:
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As shown above, the controller will operate the motor to move the handle to the presented position, shown in fig 2c. At that moment, the controller will be informed by the sensor that has reached the position.
Then, as shown in fig 2d, the user will pull the handle away from the presented position. This angular detection will then make the controller to energize the motor to advance the handle further outward, as shown in fig 2e; the clamped position.
So, in order to perform the clamped position, the interaction from the user to pull the handle is required.
Therefore, in order to continue with the examination, the claims will be interpreted as mentioned above, that the user will pull the handle away from the presented position, and this angular detection will then make the controller to energize the motor to advance the handle further outward, as shown in fig 2e; the clamped position. 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) 2-7, and 10-16 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US Pat No 9,080,352 to Aerts et al (Aerts).
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Regarding claims 2 and 12, Aerts discloses a door handle assembly for a motor vehicle. The door handle assembly comprises a handle (104) connected to a door panel of the motor vehicle and operable to unlatch a door; a link (202) connected to the handle; a motor (318) connected to the link, the motor operable to move the handle relative to the door panel; a sensor (320, 402) configured to generate a signal based on a position of the link with respect to the door panel; and a controller (616) in communication with the sensor and the motor, the controller is configured to determine a position of the handle relative to the door panel based on the signal (the position is determined when the handle reaches either the extended or retracted position detected by the sensors).
As to claim 3, Aerts discloses that the controller is configured to determine an angle of the link relative to a reference axis based on the signal (when the handle reaches either position); and determines the position of the handle relative to the door panel based on the determined angle of the link (angle formed when is retracted and extended with respect to the door).
As to claims 4 and 13, Aerts discloses that the controller is configured to determine if the handle has been pressed inward when the determined angle beyond a first threshold angle (col 7 line 34, the handle is flush, first threshold angle, then, the handle is pushed inward to a second threshold angle, sensor sends signal to the controller).
As to claims 5 and 14, Aerts discloses that the controller is configured to operate the motor to move the handle to extend from the door panel when the controller determines that the handle has been pressed inward.
As to claims 6 and 15, Aerts discloses that the controller is configured to determine the handle is in a presented position when the determined angle is beyond a second threshold angle; and operate the motor to stop moving the handle to extend from the door panel when the controller determines that the handle has reached the presented position (the controller 616 is configured to determine the handle is in a presented position when the portion 202A of the link 202 engages sensor 402, indicating a presented position, that is located at a third threshold angle that is beyond the second threshold angle; then the controller 616, monitoring the position, instruct the motor 318 to turn off in view of the condition met; col 6 line 25).
As to claims 7 and 16, Aerst discloses that the controller is configured to determine the handle is in a pulled position when the determined angle is beyond a third threshold angle that is greater than the second threshold angle; and
transmit an unlock signal to unlatch a door latch of the motor vehicle when the controller determines that the handle has reached the pulled position.
As to claim 10, Aerts discloses that the door panel includes an opening (102) and the handle is configured to move between a retracted position where the handle is at least partially retracted through the opening and inward of the door panel and an extended position where eth handle is extended through the opening and at least partially beyond the door panel.
As to claim 11, Aerts discloses that the assembly further comprises a biasing element (204) engaged with the link toward a retracted position.
Claim(s) 2, 3, and 10-12 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US Pat No 6,698,262 to Wittwer.
Regarding claims 2 and 12, Witter discloses a door handle assembly for a motor vehicle. The door handle assembly comprises a handle (10) connected to a door panel of the motor vehicle and operable to unlatch a door; a link (13, 14 and 15) connected to the handle; a motor (31) connected to the link, the motor operable to move the handle relative to the door panel; a sensor (38) configured to generate a signal based on a position of the link with respect to the door panel; and a controller (not shown) in communication with the sensor and the motor. The controller is configured to determine a position of the handle relative to the door panel based on the signal.
As to claim 3, Wittwer discloses that the controller is configured to determine an angle of the link relative to a reference axis based on the signal; and determine the position of the handle relative to the door panel based on the determined angle of the link (when 38 interacts with 39).
As to claim 10, Wittwer discloses that the door panel includes an opening and the handle is configured to move between a retracted position where the handle is at least partially retracted through the opening and inward of the door panel and an extended position where the handle is extended through the opening and at least partially beyond the door panel.
As to claim 11, Wittwer discloses that the door handle assembly comprises a biasing element (16) engaged with the link toward a retracted position.
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 9,080,352 to Aerts et al (Aerts) in view of US Pat No 8,786,401 to Sobecki et al (Sobecki).
Aerts fails to disclose that the controller is configured to transmit a signal to enable one or more lights of the motor vehicle when the controller determines that the handle has been pressed inward.
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Sobecki teaches that it is well known in the art to provide a controller (310) that will activate a light source (290) in response to the handle (216) moving toward a use 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 assembly described by Aerst with a light source, as taught by Sobecki, in order to illuminate the area of the handle when is in use.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 9,080,352 to Aerts et al (Aerts) in view of US Pat No 6,597,139 to Klesing.
As to claim 18, Aerts fails to disclose that the sensor is configured to generate a signal based on a rotational position or angle of the shaft. Aerts discloses that is based on a position of the link with respect to the door panel.
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Klesing teaches that it is well known in the art to provide a sensor (20, 22) that is configured to detect or sense the angular position of a shaft (12); and send a signal to a controller (24) to perform a desired function with respect to the position detected.
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 sensor described by Aerst detecting the movement of the shaft, as taught by Klesing, in order to directly obtain the data from the shaft of the handle.
As to claim 19, Aerts discloses that the controller is configured to determine the handle has been pressed inward when the determined rotational position or angle beyond a first threshold angle; and operate the motor to move the handle to extend from the door panel when the controller determines that the handle has been pressed inward.
As to claim 20, Aerts discloses that the controller is configured to determine the handle is in a presented position when the determined rotational position or angle is beyond a second threshold angle; and operate the motor to stop moving the handle to extend from the door panel when the controller determines that the handle has reached the presented position.
Claim(s) 4-7 and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 6,698,262 to Wittwer in view of US Pat No 9,080,352 to Aerts et al (Aerts).
As to claims 4 and 13, Witter fails to disclose that the controller is configured to determine if the handle has been pressed inward when the determined angle beyond a first threshold angle. Witter handle moves from the rest position to the extended position.
Aerts teaches that it is well known in the art to provide a handle assembly wherein the handle (104) is moved from the rest position to a position inwardly and then to the extended position. The controller then is configured to determine if the handle has been pressed inward when the determined angle beyond a first threshold angle (col 7 line 34, the handle is pushed inward, sensor sends signal to the controller).
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 described by Wittwer to move first inwardly, as taught by Aerts, in order to clearly define the intention of moving the handle to the extended position.
As to claims 5 and 14, Aerts teaches that the controller is configured to operate the motor to move the handle to extend from the door panel when the controller determines that the handle has been pressed inward.
As to claims 6 and 15, Aerts teaches that the controller is configured to determine the handle is in a presented position when the determined angle is beyond a second threshold angle; and operate the motor to stop moving the handle to extend from the door panel when the controller determines that the handle has reached the presented position (the controller 616 is configured to determine the handle is in a presented position when the portion 202A of the link 202 engages sensor 402, indicating a presented position, that is located at a third threshold angle that is beyond the second threshold angle; then the controller 616, monitoring the position, instruct the motor 318 to turn off in view of the condition met; col 6 line 25).
As to claims 7 and 16, Aerst teaches that the controller is configured to determine the handle is in a pulled position when the determined angle is beyond a third threshold angle that is greater than the second threshold angle; and
transmit an unlock signal to unlatch a door latch of the motor vehicle when the controller determines that the handle has reached the pulled position.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 6,698,262 to Wittwer in view of US Pat No 9,080,352 to Aerts et al (Aerts) and further in view of US Pat No 8,786,401 to Sobecki et al (Sobecki).
Wittwer, as modified by Aerts, fails to disclose that the controller is configured to transmit a signal to enable one or more lights of the motor vehicle when the controller determines that the handle has been pressed inward.
Sobecki teaches that it is well known in the art to provide a controller (310) that will activate a light source (290) in response to the handle (216) moving toward a use 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 assembly described by Wittwer, as modified by Aerst, with a light source, as taught by Sobecki, in order to illuminate the area of the handle when is in use.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 6,698,262 to Wittwer in view of US Pat No 9,080,352 to Aerts et al (Aerts) and further in view of US Pat No 6,597,139 to Klesing.
As to claim 18, Wittwer, as modified by Aerts, fails to disclose that the sensor is configured to generate a signal based on a rotational position or angle of the shaft. Wittwer and Aerts teaches that is based on a position of the link with respect to the door panel.
Klesing teaches that it is well known in the art to provide a sensor (20, 22) that is configured to detect or sense the angular position of a shaft (12); and send a signal to a controller (24) to perform a desired function with respect to the position detected.
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 sensor described by Wittwer, as modified by Aerst, detecting the movement of the shaft, as taught by Klesing, in order to directly obtain the data from the shaft of the handle.
As to claim 19, Aerts teaches that the controller is configured to determine the handle has been pressed inward when the determined rotational position or angle beyond a first threshold angle; and operate the motor to move the handle to extend from the door panel when the controller determines that the handle has been pressed inward.
As to claim 20, Aerts teaches that the controller is configured to determine the handle is in a presented position when the determined rotational position or angle is beyond a second threshold angle; and operate the motor to stop moving the handle to extend from the door panel when the controller determines that the handle has reached the presented position.
Allowable Subject Matter
Claims 8, 17 and 21, as interpreted above, would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
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
May 19, 2026
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