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 Objections
Claim 19 is objected to because of the following informalities:
In claim 19, the term “for example” is indefinite.
Appropriate correction is required.
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.
Claim 16 is 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.
Claim 16 requires the step of tightening the screwing assembly until at least part of the screwing assembly is in contact with the metal part.
At the instant, as claimed, the limitation is indefinite since according to claim 11, the screwing assembly comprises a screw, and the screw does not touch the metal part. As shown in the drawings, the washer is the one that comes in contact with the metal part. Therefore, in order to continue with the examination, a broad interpretation will be given. 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) 1-7, 11, 12, and 14-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 11,359,416 to Heyduck et al (Heyduck) in view of US Pat Application Publication No 20200109734 to Slater et al (Slater).
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Regarding claims 1 and 11, Heyduck discloses a door handle (10) intended to be mounted on a door of a motor vehicle (18), comprising a handle part (14); a 1st part (34) adapted to receive at least part of a screwing assembly (32) so as to allow to assemble together the handle part and a door panel; and a metal part (30) extending at least partially around the 1st part.
Heyduck fails to disclose that the 1st part is a compressible part and that the metal part is arranged so as to be between the handle part and the compressible part. Heyduck discloses a more complex arrangement that comprises a spring connector (34) to, in combination with the metal part (30) and a base member (26), attached to the handle part, allows for compensating tolerance between the handle part and the door.
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Slater teaches that it is well known in the art to provide a compressible assembly, used to fasten a screw member (12), that comprises a compressible part (30) and a metal part (20) that is extending at least partially around the compressible part and arranged so as to be between a 1st part (82) and the compressible part.
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 compressible assembly described by Heyduck with a compressible part/metal part configuration, as taught by Slater, in order to provide a simpler assembly for compensating tolerance between the handle part and the door.
As to claims 2 and 12, Heyduck, as modified by Slater, teaches that the compressible part (Slater 30) has a hole adapted to receive at least part of the screwing assembly so as to allow to assemble together the handle part and the door panel.
As to claims 3 and 17, Slater teaches that the handle part has a through-hole, and the compressible part extends along an axis of the through-hole, at least partially in the through-hole, and the compressible part extends radially, from the axis towards the 1st part.
As to claim 4, Slater teaches that the compressible part is configured to deform when in contact with the screwing assembly.
As to claim 5, Slater teaches that the compressible part is configured to deform in at least one of the following directions: a direction orthogonal to an axis of the through-hole and a direction along an axis of the through-hole.
As to claims 6 and 18, Slater teaches that the metal part (20) and the compressible part (30) are arranged such that the metal part extends further than the compressible part along an axis of the through-hole, so as to allow the compressible part to deform along the same axis upon reception of the screwing assembly.
As to claim 7, Slater illustrates that the compressible part and the metal part are ring-shaped.
As to claim 14, Slater teaches that the screwing assembly comprises a washer (11) configured to be positioned on the screw between a head of the screw and around a shaft of the screw.
As to claim 15, Heyduck discloses that the door panel has an aperture (by 22) adapted to receive at least part of the screwing assembly, so as to assemble together the subassembly and the door panel (through 20).
As to claim 16, Heyduck, as modified by Slater, teaches that the method comprise providing the subassembly; positioning the subassembly so as to have the compressible part facing an aperture of the door panel; and tightening the screwing assembly until: at least part of the screwing assembly passes through both the compressible part and the aperture, and when the screwing assembly is in contact with the compressible part, the compressible part deforms and exerts an elastic force on the screwing assembly so as to secure the subassembly and the door panel together.
Claim(s) 9, 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 11,359,416 to Heyduck et al (Heyduck) in view of US Pat Application Publication No 20200109734 to Slater et al (Slater) and further in view of US Pat No 7,438,350 to Peterson et al (Peterson).
As to claims 9 and 20, Heyduck, as modified by Slater, fails to disclose that the compressible part comprises an elastomer, in particular foam or rubber.
As to claim 10, Heyduck, as modified by Slater, fails to disclose that the metal part comprises a metal chosen from a group consisting of steel, aluminum, and brass.
Peterson teaches that it is well known in the art to provide a metal part (210) made of metal that can be stainless steel, and a compressible part (216) made of rubber (col 22 lines 32 and 62).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to manufacture the metal part and the compressible part described by Heyduck, as modified by Slater, using a metal chosen from a group consisting of steel, aluminum, and brass, and an elastomer, in particular foam or rubber, as taught by Peterson, in order to provide more strength and flexibility, respectively.
Applicant is reminded that the selection of a known material based upon its suitability for the intended use is a design consideration within the level of skill of one skilled in the art.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 11,359,416 to Heyduck et al (Heyduck) in view of US Pat Application Publication No 20200109734 to Slater et al (Slater) and further in view of US Pat Application Publication No 20160010368 to Tanoguchi et al (Tanoguchi).
Heyduck, as modified by Slater, fails to disclose that the screw has a sharp tip.
Tanoguchi teaches that it is well known in the art to provide a screw (71) having a sharp tip (figs. 5 and 6).
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 screw described by Heyduck, as modified by Slater, with a sharp tip, as taught by Tanoguchi, in order to move any object in front when is screwed.
Applicant is reminded that a change in the shape of a prior art device is a design consideration within the level of skill of one skilled in the art.
Claim(s) 1-8, 11, 12, and 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 9,156,335 to Harter et al (Harter) in view of US Pat Application Publication No 20200109734 to Slater et al (Slater).
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Regarding claims 1 and 11, Harter discloses a door handle (10) intended to be mounted on a door of a motor vehicle (12), comprising a handle part (72a); and a screwing assembly (66).
Harter fails to disclose a compressible part adapted to receive at least part of a screwing assembly a metal part extending at least partially around the compressible part.
Slater teaches that it is well known in the art to provide a compressible assembly, used to fasten a screw member (12), that comprises a compressible part (30) and a metal part (20) that is extending at least partially around the compressible part and arranged so as to be between a 1st part (82) and the compressible part.
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 compressible assembly described by Harter with a compressible part/metal part configuration, as taught by Slater, in order to compensate for tolerance between the handle part and the door.
As to claims 2 and 12, Harter, as modified by Slater, teaches that the compressible part (Slater 30) has a hole adapted to receive at least part of the screwing assembly so as to allow to assemble together the handle part and the door panel.
As to claims 3 and 17, Slater teaches that the handle part has a through-hole, and the compressible part extends along an axis of the through-hole, at least partially in the through-hole, and the compressible part extends radially, from the axis towards the 1st part.
As to claim 4, Slater teaches that the compressible part is configured to deform when in contact with the screwing assembly.
As to claim 5, Slater teaches that the compressible part is configured to deform in at least one of the following directions: a direction orthogonal to an axis of the through-hole and a direction along an axis of the through-hole.
As to claims 6 and 18, Slater teaches that the metal part (20) and the compressible part (30) are arranged such that the metal part extends further than the compressible part along an axis of the through-hole, so as to allow the compressible part to deform along the same axis upon reception of the screwing assembly.
As to claim 7, Slater illustrates that the compressible part and the metal part are ring-shaped.
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As to claims 8 and 19, Harter discloses that the handle part comprises a first portion (32a, 32b) configured to rest on the door panel, on an outer side of the door panel, and a second portion having the through-hole and extending from the first portion, in a direction orthogonal to an axis of the through-hole.
As to claim 14, Slater teaches that the screwing assembly comprises a washer (11) configured to be positioned on the screw between a head of the screw and around a shaft of the screw.
As to claim 15, Harter discloses that the door panel has an aperture (74a, 74b2) adapted to receive at least part of the screwing assembly, so as to assemble together the subassembly and the door panel (through 50).
As to claim 16, Harter, as modified by Slater, teaches that the method comprise providing the subassembly; positioning the subassembly so as to have the compressible part facing an aperture of the door panel; and tightening the screwing assembly until: at least part of the screwing assembly passes through both the compressible part and the aperture, and when the screwing assembly is in contact with the compressible part, the compressible part deforms and exerts an elastic force on the screwing assembly so as to secure the subassembly and the door panel together.
Claim(s) 9, 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 9,156,335 to Harter et al (Harter) in view of US Pat Application Publication No 20200109734 to Slater et al (Slater) and further in view of US Pat No 7,438,350 to Peterson et al (Peterson).
As to claims 9 and 20, Harter, as modified by Slater, fails to disclose that the compressible part comprises an elastomer, in particular foam or rubber.
As to claim 10, Harter, as modified by Slater, fails to disclose that the metal part comprises a metal chosen from a group consisting of steel, aluminum, and brass.
Peterson teaches that it is well known in the art to provide a metal part (210) made of metal that can be stainless steel, and a compressible part (216) made of rubber (col 22 lines 32 and 62).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to manufacture the metal part and the compressible part described by Harter, as modified by Slater, using a metal chosen from a group consisting of steel, aluminum, and brass, and an elastomer, in particular foam or rubber, as taught by Peterson, in order to provide more strength and flexibility, respectively.
Applicant is reminded that the selection of a known material based upon its suitability for the intended use is a design consideration within the level of skill of one skilled in the art.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 9,156,335 to Harter et al (Harter) in view of US Pat Application Publication No 20200109734 to Slater et al (Slater) and further in view of US Pat Application Publication No 20160010368 to Tanoguchi et al (Tanoguchi).
Harter, as modified by Slater, fails to disclose that the screw has a sharp tip.
Tanoguchi teaches that it is well known in the art to provide a screw (71) having a sharp tip (figs. 5 and 6).
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 screw described by Harter, as modified by Slater, with a sharp tip, as taught by Tanoguchi, in order to move any object in front when is screwed.
Applicant is reminded that a change in the shape of a prior art device is a design consideration within the level of skill of one skilled in the art.
Response to Arguments
The previous prior art rejection has been withdrawn by the current examiner. After further review, adding the metal part of Slater surrounding the compressing part 86 of Tanoguchi, will not allow the compressing part of Tanoguchi to expand and kind of engage the surface 11, when the screw is inserted.
Therefore, the rejection has been withdrawn.
Nevertheless, a new prior art rejection has been made on the record. Prosecution has been reopened, and this action is a non-final action.
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
September 27, 2026
