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 2 is objected to because of the following informalities:
Regarding Claim 2, line 3 “…a door panel.” should be changed to “…the door panel.”.
Regarding Claim 8, lines 2-3, “…wherein the handle part comprises a first portion configured to rest on a door panel, for example on an outer side of a door panel…” should be changed to “…wherein the handle part comprises a first portion configured to rest on the door panel, for example on an outer side of the door panel…”.
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 3, 5-6, and 8 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.
Regarding Claim 3, the phrase "…for example radially…" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination the limitation will be interpreted as “…radially…”.
Claims 5-6, and 8 are rejected due to their dependency on claim 3.
Regarding Claim 6, the phrase "…for example so as to allow the compressible part to deform along the same axis (X) upon reception of the screwing assembly" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination the limitation will be interpreted as “so as to allow the compressible part to deform along the same axis (X) upon reception of the screwing assembly”.
Regarding Claim 8, the phrase "…for example on an outer side of a door panel…" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purposes of examination the limitation will be interpreted as “…on an outer side of a door panel…”.
Regarding Claim 9, the phrase “…in particular foam or rubber” renders the claim indefinite because it is unclear whether the limitation(s) following the phrases are part of the claimed invention. See MPEP § 2173.05(d). For the purpose of examination, the examiner has interpreted the limitations following these phrases as preferred embodiments rather than structural limitations of the claimed invention.
Claim Rejections - 35 USC § 103
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 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) 1-9, 11-13, and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Tanoguchi US 20160010368 A1, in view of Slater US 20200109734 A1.
Regarding Claim 1, Tanoguchi teaches: A door handle (Fig 2: 20) intended to be mounted on a door (Fig 1: 10) of a motor vehicle (P0033, the door 10 is a vehicle door), comprising: a handle part (Fig 2: 30, 31); a part (Fig 5: 86) adapted to receive at least part of a screwing assembly (Fig 5: 71) so as to allow to assemble together the handle part and a door panel (Fig 5: the door panel is 11. The figure shows screwing assembly 71 allowing to assemble together 31 of the handle part to door panel 11); and the part extending at least partially between the handle part and the door panel (shown in Fig 5). Tanoguchi does not explicitly teach: the part being compressible and a metal part extending at least partially around the compressible part and at least partially between the handle part and the compressible part. Slater teaches that it is known in the art to have a compressible part (Slater: 30, described in P00 15as being made out of a thermoplastic elastomer and therefore being compressible) adapted to receive a screwing assembly (Slater: 12) to allow to assemble together a first workpiece (Slater: 82) to a second workpiece (Slater: 86) and a metal part (Slater: 20, described in P0014 as being metal) extending at least partially around the compressible part (Slater: shown in Fig 1). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of Tanoguchi, to substitute the single part for the compressible and metal part as taught by Slater, resulting in the screwing assembly gaining the ability to float 1mm to facilitate alignment during installation (Slater: P0015), thereby increasing ease of installation.
Regarding Claim 2, Tanoguchi, in view of Slater, teaches: The door handle according to claim 1, wherein the compressible part has a hole (Slater: shown in Figs 1 and 2) adapted to receive at least part of the screwing assembly (Slater: Fig 1) so as to allow to assemble together the handle part and the door panel (Slater: Fig 1).
Regarding Claim 3, Tanoguchi, in view of Slater, teaches: The door handle according to claim 1, wherein the handle part has a through-hole (Tanoguchi: 31a, shown in Figs 2 and 5), and the compressible part extends along an axis (X) of the through-hole (Slater: shown in Fig 1, compressible part 30 extends along the horizontal axis of the through-hole, this being the X axis), at least partially in the through-hole (Slater: shown in Fig 1), and the compressible part extends, for example radially, from said axis (X) towards the handle part (Slater: shown in Fig 1 and 2, compressible part 30 extends radially outwards from the horizontal axis, the X axis).
Regarding Claim 4, Tanoguchi, in view of Slater, teaches: The door handle according to claim 1, wherein the compressible part is configured to deform when in contact with the screwing assembly (Slater: P0015 describes how compressible part is a thermoplastic elastomer and that is retains screwing assembly 12 so that it floats longitudinally, it is the position of the examiner that the compressible part is compressed by the screwing assembly against the inside of metal part 20 to achieve this, thereby deforming when in contact with the screwing assembly).
Regarding Claim 5, Tanoguchi, in view of Slater, teaches: The door handle according to claim 3, wherein the compressible part is configured to deform in at least one of the following directions: a direction orthogonal to an axis (X) of the through-hole (Slater: P0015 describes how compressible part is a thermoplastic elastomer and that is retains screwing assembly 12 so that it floats longitudinally, it is the position of the examiner that the compressible part is compressed by the screwing assembly against the inside of metal part 20 to achieve this, and with Fig 1 as reference this compression would be orthogonal to the horizontal, X, axis) and a direction along an axis (X) of the through-hole.
Regarding Claim 6, Tanoguchi, in view of Slater, teaches: The door handle according to claim 3, wherein the metal part and the compressible part are arranged such that the metal part extends further than the compressible part along an axis (X) of the through-hole (Slater: shown in Fig 1), for example so as to allow the compressible part to deform along the same axis (X) upon reception of the screwing assembly (Slater: Slater: P0015 describes how compressible part is a thermoplastic elastomer and that is retains screwing assembly 12 so that it floats longitudinally, it is the position of the examiner that the compressible part is compressed by the screwing assembly against the inside surface of metal part 20 to achieve this, which would result in a slight expansion along the horizontal, X, axis along the inside of metal part 20).
Regarding Claim 7, Tanoguchi, in view of Slater, teaches: The door handle according to claim 1, wherein the compressible part and the metal part are ring-shaped (Slater: ).
Regarding Claim 8, Tanoguchi, in view of Slater, teaches: The door handle according to claim 3, wherein the handle part comprises a first portion (Tanoguchi: 30) configured to rest on a door panel (Tanoguchi: Fig 1), for example on an outer side of a door panel (Tanoguchi: Figs 1 show how first portion 30 of Fig 2, is mounted to an exterior most surface of door panel 11, and therefore it rests on an outer side of the door panel), and a second portion (Tanoguchi: 31) having the through-hole and extending from the first portion (Tanoguchi: Figs 2 and 5 show second portion 31 with the through hole 31 and extending from the first portion 30), for example in a direction orthogonal to an axis (X) of the through-hole (Tanoguchi: Fig 2 shows second portion 31 extending orthogonally from first portion 30. The direction of extension from 30 is also orthogonal to the longitudinal axis of the through hole 31a).
Regarding Claim 9, Tanoguchi, in view of Slater, teaches: The door handle according to claim 1, wherein the compressible part comprises an elastomer (Slater: P0015), in particular foam or rubber.
Regarding Claim 11, Tanoguchi, in view of Slater, teaches: A subassembly (Tanoguchi: shown in Fig 3 and 5), comprising: the door handle according to claim 1 (see the rejection of claim 1 above); and a screwing assembly comprising a screw (Tanoguchi: Fig 5, 71 is a screw) configured to be inserted at least partially in the compressible part of the door handle (Slater: shown in Fig 1).
Regarding Claim 12, Tanoguchi, in view of Slater, teaches: The subassembly according to claim 11, wherein the screwing assembly is inserted at least partially in the compressible part (Slater: shown in Fig 1).
Regarding Claim 13, Tanoguchi, in view of Slater, teaches: The subassembly according to claim 11, wherein the screw has a sharp tip (Tanoguchi: 71 is shown in Fig 5 with a pointed, sharp tip at its bottom end)
Regarding Claim 15, Tanoguchi, in view of Slater, teaches: An assembly (Tanoguchi: shown in Figs 1 and 5) comprising: the subassembly according to claim 11; and a door panel (Tanoguchi: 11) having an aperture (Tanoguchi: 11a) adapted to receive at least part of the screwing assembly (Tanoguchi: shown in Fig 5), so as to assemble together the subassembly and the door panel (Tanoguchi: shown in Fig 1).
Regarding Claim 16, Tanoguchi, in view of Slater, does not explicitly teach: A method for assembling a door panel and the subassembly according to claim 11, the method comprising: 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 is in contact with the metal part, and 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. However, regarding claim 16, The Examiner notes that the instant method step limitations are considered obvious over the prior art, Tanoguchi US 20160010368 A1, and Slater US 20200109734 A1, in view of rejections of the structural limitations previously set forth (see rejections of claims 1 and 11 above). When the method steps essentially set forth the provision and use of an apparatus, as intended by its structure, then such method steps are considered obvious when the structure of the apparatus has been demonstrated as obvious (or anticipated) by the prior art.
Claim(s) 10 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Tanoguchi US 20160010368 A1 and Slater US 20200109734 A1, further in view of Antoine US 6227784 B1.
Regarding Claim 10, Tanoguchi, in view of Slater, teaches: The door handle according to claim 1. The combination is silent on: wherein the metal part comprises a metal chosen from a group consisting of steel, aluminum, and brass. Antoine teaches that it is known in the art to have a compressible part (Antoine: 42, described in Col 2 L52-54 as an elastomer, which is a compressible material) and a metal part (Antoine: 54, described in Col 3 L33-34 as a metal) extending at least partially around the compressible part (Antoine: shown in Fig 2) wherein the metal part comprises steel (Antoine: Col 3 L33-34). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Tanoguchi and Slater, so that the metal part is steel as taught by Antoine, resulting in better resistance against corrosion, thereby increasing reliability of the part.
Regarding Claim 14, Tanoguchi, in view of Slater, teaches: The subassembly according to claim 11. The combination does not teach: wherein the screwing assembly comprises a washer configured to be positioned on the screw between a head of the screw and around a shaft of the screw. Antoine teaches that it is known in the art to have a washer (Antoine: 54) configured to be positioned on a screw (Antoine: 12) between a head of the screw (Antoine: 14) and around a shaft of the screw (Antoine: 18. Fig 2 shows the washer 54 located between head 12 and shaft 18 on the screw). It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the combination of Tanoguchi and Slater, to include a washer in between the head and shaft of the screw, as taught by Antoine, resulting in a more secure connection from the screw, increasing assembly strength.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER F CALLAHAN whose telephone number is (571)272-5847. The examiner can normally be reached Mon through Thur 7:30am-5:30pm.
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/C.C./Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675
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