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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the
Claim 1 (a) “an inner peripheral surface formation portion that is located on a vehicle inner side of a vehicle-outer-side surface of the vehicle door”, (b) “that is located at an end portion of the concave portion on one side in a front-rear direction of the vehicle door”, and (c) “the inner peripheral surface formation portion facing to a side substantially opposite to the one side in the front-rear direction of the vehicle door”
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-2 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by D1 (Kalesse, US Pub. App. 2021-0156174).
For claim 1, D1 discloses, in Figures 1-5, a vehicle door handle device to be attached to a vehicle door including a door lock device that is switchable between a latching state of not allowing the vehicle door to be opened and an unlatching state of allowing the vehicle door to be opened (The vehicle door handle with housing 1 and frame 2, which forms external visual finish with vehicle body. The vehicle door actuates the door lock. Abstract. Para. [0031]), the vehicle door handle device comprising:
a casing being open on a vehicle outer side and including a concave portion into which a user can insert his or her finger from a vehicle outer side (The frame 2 forms the casing. Frame 2 has a recess 3 through which the user can reach and actuate the lever 4.); and
a latch release lever (4) attached to the casing in such a way as to be movable between an initial position and an actuation position, the latch release lever being linked to the door lock device in such a way as to switch the door lock device from the latching state to the unlatching state by moving from the initial position to the actuation position (The latch release lever 4 can be actuated from initial position, as in Figure 1, to actuation position, as in Figure 2. Actuating the release lever actuates the door lock. Abstract. Para. [0031]),
wherein
an inner peripheral surface of the concave portion (Inner peripheral surface of the recess 3 has concave portion, as shown below) includes an inner peripheral surface formation portion that is located on a vehicle inner side of a vehicle-outer-side surface of the vehicle door and that is located at an end portion of the concave portion on one side in a front-rear direction of the vehicle door (Since the frame 2 forms an external visual finish on the vehicle body, the recess 3 of frame 2 is on vehicle inner side. Thus, the inner peripheral surface of the recess 3 is disposed on the vehicle inner side of a vehicle-outer-side surface of the vehicle door. The inner peripheral surface formation portion that is disposed at an end portion of the concave portion on one side in a front-rear direction of the vehicle door, as shown below), the inner peripheral surface formation portion facing to a side substantially opposite to the one side in the front-rear direction of the vehicle door (Figures 1and 5.), and
the latch release lever (4) forms at least a part of the inner peripheral surface formation portion (Since the frame 2 includes recess3 and latch release lever 4, the latch release lever 4 forms at least a part of the inner peripheral surface formation portion. Figures 1-2, and 5.)
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For claim 2, D1 discloses the vehicle door handle device according to Claim 1, wherein the inner peripheral surface formation portion is located at a rear end portion of the concave portion, and faces to a substantially front side (Figures 1-2, and 4-5.)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Kalesse, US Pub. App. 2021-0156174) in view of D2 (Patel, US Pub. App. 2014-0230329).
For claim 3, D1 discloses 3 the vehicle door handle device according to Claim 1, but does not disclose further comprising a key cylinder linked to the door lock device in such a way as to be able to switch the door lock device between a locking state of not allowing the door lock device to be switched from the latching state to the unlatching state and an unlocking state of allowing the door lock device to be switched from the latching state to the unlatching state, wherein the latch release lever and the key cylinder overlap with each other when viewed in an up-down direction.
D2 teaches, in Figures 1-4, an outside door handle 15 with bell crank 78, a key cylinder 30, which can be actuated to operate the door lock in case of power failure (Para. [00245, 0025, 0039].) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a key cylinder such that the key cylinder is linked to the door lock device in such a way as to be able to switch the door lock device between a locking state of not allowing the door lock device to be switched from the latching state to the unlatching state and an unlocking state of allowing the door lock device to be switched from the latching state to the unlatching state, wherein the latch release lever and the key cylinder overlap with each other when viewed in an up-down direction, as taught by D2 with a reasonable expectation of success of providing a mechanism to open the door in the event of power failure.
For claim 4, D1 discloses the vehicle door handle device according to Claim 1, further comprising: a bell crank (pivoted lever 5) that is arranged to be movable between an initial position and an actuation position relative to the casing, and that is linked to the latch release lever in such a way that, when the latch release lever is located at the initial position, the bell crank is located at the initial position, and when the latch release lever is located at the actuation position, the bell crank is located at the actuation position (Actuation of latch release lever 4 actuates the pivoted lever 5. One end 7 of pivoted lever 5 is connected to the door lock by Bowden cable. Thus, actuation of latch release lever 4 actuates the door lock. Para. [0032].); and
a rod member that is linked to the bell crank and the door lock device in such a way as to switch the door lock device from the latching state to the unlatching state when the bell crank moves from the initial position to the actuation position.
D2 teaches, in Figures 1-4, an outside door handle 15 with bell crank 78, a key cylinder 30, which can be actuated to operate the door lock in case of power failure (Para. [00245-0026, and 0039].) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 with a rod member such that the rod member is linked to the bell crank and the door lock device in such a way as to switch the door lock device from the latching state to the unlatching state when the bell crank moves from the initial position to the actuation position, as taught by D2 with a reasonable expectation of success of providing a mechanism to open the door in the event of power failure.
For claim 5, the combination of D1 and D2 teaches the vehicle door handle device according to Claim 4, wherein the bell crank is configured in such a way as to move the rod member to a lower side by moving from the initial position to the actuation position (D2 teaches the bell crank 78 is connected to a rod 76 to actuate the door lock in para. [0024-0026, and 0039]. D1 modified with features of D2 teaches the claimed limitations.)
Conclusion
Prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provides examples of similar inventions. There are no suggestions in the prior art of record for combining any of the references to arrive at as claimed. A few of the prior art cited but not applied includes Sobecki (US 8,786401); Heyduck (US Pub. App. 2022-0333413); and Harris (US 2021-0393831).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN CUMAR whose telephone number is (571)270-3112. The examiner can normally be reached Monday thru Friday, 8:00 am to 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KRISTINA FULTON can be reached at 571-272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHAN CUMAR/Primary Examiner, Art Unit 3675