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 1 is objected to because of the following informalities: Claims repeat ‘a compressive force’ after having already disclosed it in line 7 of claim 1. Because this is the same compressive force applied, all other mentions of the term should be “the compressive force”. Appropriate correction is required.
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.
Claim(s) 1-9, 12, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Savant et al. US 11879279 (hereinafter referred as Savant).
Claim 1. Savant discloses an actuating apparatus for a door handle assembly for unlocking and opening a vehicle door (col1 line 26), the actuating apparatus comprising:
a handle part (3,4,5,annotated figure), which, when the actuating apparatus is used as intended, at least partially or regionally protrudes from the vehicle door (fig1), wherein the handle part comprises an actuating surface (back surface of 4, facing 10, fig1); and
a transfer mechanism (6,7,8,19) at least partially or regionally integrated (8 contacts with 5 of handle, therefore regionally integrated) in the handle part configured to convert a compressive force (pulling force applied on the actuating surface) applied to the actuating surface of the handle part into a movement that is detectable by a sensor apparatus (11) that is integrated in the handle part, wherein the transfer mechanism comprises a carriage-shaped or carriage- like (NOTE: Carriage is defined by Merriam-Webster online as, “a movable part of a machine for supporting some other movable object or part.” The transfer mechanism is a movable part that supports the handle part.) actuating element (6,7,8,19) that is received at least partially or regionally (fig1) in the handle part and is translationally movable relative to the actuating surface (fig1) when the compressive force is applied to the actuating surface of the handle part. (fig1)
Claim 2. Savant discloses the actuating apparatus according to claim 1, wherein the carriage-shaped or carriage-like actuating element is movable between a first position (when handle is at rest) and a second position (when handle is pulled, the actuating element’s intermediate position, col. 6 lines 8-30), wherein the first position is a resting position of the carriage-shaped or carriage- like actuating element which the carriage-shaped or carriage-like actuating element assumes when no compressive force is applied to the actuating surface , and wherein, in the second position of the carriage-shaped or carriage-like actuating element, the carriage-shaped or carriage-like actuating element is positioned at least partially or regionally within a detection range of the sensor apparatus. (fig1)
Claim 3. Savant discloses the actuating apparatus according to claim 2, wherein a spring (19) is associated (fig1) with the carriage-shaped or carriage-like actuating element for biasing the carriage-shaped or carriage-like actuating element into its first position (because 19 is a return means spring, it also influences the carriage-shaped or carriage-like actuating element to its rest position). (fig1, col. 1 lines 27-31)
Claim 4. Savant discloses the actuating apparatus according to claim 3, wherein the spring is configured as a spring-elastic region (fig1) of the carriage- shaped or carriage-like actuating element. (fig1)
Claim 5. Savant discloses the actuating apparatus according to claim 4, wherein the spring-elastic region of the carriage-shaped or carriage-like actuating element is formed at or in a first end region (where 19 is on 6, fig1) of the carriage-shaped or carriage- like actuating element, and wherein an end region (upper end of 19) of the spring-elastic region facing away from a main body (where 8 is) of the carriage-shaped or carriage-like actuating element (fig1, annotated figure) is releasably connected (via other components) to a housing structure (annotated figure) of the handle part.
Claim 6. Savant discloses the actuating apparatus according to claim 5, wherein, in the second position of the carriage-shaped or carriage-like actuating element, a second end region (where 9 is) of the carriage-shaped or carriage-like actuating element opposite the first end region of the carriage-shaped or carriage-like actuating element is located at least partially or regionally within the detection range of the sensor apparatus (fig1). (fig1, annotated figure)
Claim 7. Savant discloses the actuating apparatus according to claim 1, wherein the transfer mechanism comprises a straight-line guide (annotated figure) formed at least partially or regionally in the handle part, wherein the carriage-shaped or carriage-like actuating element can be moved in a translational manner. (fig1, annotated figure)
Claim 8. Savant discloses the actuating apparatus according to claim 1, wherein the transfer mechanism comprises at least one stop (annotated figure) associated (because it acts as a physical stop) with the carriage-shaped or carriage-like actuating element for limiting a translational movement that can be performed by the carriage-shaped or carriage-like actuating element. (fig1, annotated figure)
Claim 9. Savant discloses the actuating apparatus according to claim 8, wherein the at least one stop associated with the carriage-shaped or carriage- like actuating element is integrally formed with a housing structure (part of 10) of the handle part. (fig1, annotated figure)
Claim 12. Savant discloses the actuating apparatus according to claim 2, wherein the transfer mechanism is configured to (NOTE: This only requires that Savant be capable of accomplishing this limitation without undue modification, which it is.) move the carriage-shaped or carriage-like actuating element in a translational manner relative to the actuating surface only when a critical compressive force is exceeded, a compressive force that is predefined or definable (NOTE: Based on this limitation, critical compressive force is just a predefined or definable force. Therefore, Savant is fully capable of predetermining an applicable force, as it can even be considered as whatever force is required to fully move the handle via applying force on the actuating surface.) and is applied to the actuating surface of the handle part. (fig1, annotated figure)
Claim 19. Savant discloses the actuating apparatus according to claim 1, wherein the actuating apparatus further comprises a mounting structure (annotated figure), which, when the actuating apparatus is used as intended, is at least partially or regionally fastened (fig1) to the vehicle door, or is received within the vehicle door, and wherein a housing structure (annotated figure) of the handle part is connected to the mounting structure and integrally formed with the mounting structure. (fig1, annotated figure)
Claim 20. Savant discloses the actuating apparatus according to claim 1, wherein, when the actuating apparatus is used as intended, the handle part protrudes at least partially or regionally from the vehicle door (fig1) or a vehicle body from a vehicle outer skin, in such a way that the handle part can be manually grasped at least partially or regionally, wherein the actuating surface of the handle part is formed on or in a surface of the handle part facing the vehicle door or the vehicle body. (fig1, annotated figure)
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) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Svant et al. US 11879279 (hereinafter referred to as Savant).
Claim 18. Savant teaches the actuating apparatus according to claim 1, and although it does teach a sensor apparatus (col.5 lines 20-25), Savant does not explicitly teach that it could be a microswitch.
However, because Savant does teach that the sensor apparatus (11) can be of another configuration, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the button type of sensor apparatus of Savant to be a microswitch in order to reduce the size of the parts in the apparatus, since a change in size is a design consideration that is of routine skill in the art. MPEP 2144.
Annotated Figure (Savant)
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Allowable Subject Matter
Claims 10-11, 13-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 10, Savant does not teach all of preceding claim 1 as well as the transfer mechanism converting compressive force to translation movement via inclined plane.
Regarding claim 13, Savant does not teach a pressure point as part of the transfer mechanism that is perceptible via actuating surface, as well as the preceding claim limitations.
Regarding claim 16, Savant does not teach that the at least one spring-elastically mounted region strikes against the protrusion of the housing structure and is lifted from it as well (when force applied exceeds the critical compressive force).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Art is related to actuating apparatus.
Related but not relied upon prior art: US 12546145, US 12320168, US 11203887.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARIA F. AHMAD whose telephone number is (571)270-1334. The examiner can normally be reached Monday - Friday 8:30 am - 5:30 pm.
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/F.F.A./
Examiner
Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675
Prosecution Insights