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 .
Amendments to claims 1, 3, 4, 10, 18, and 19, filed 16 April 2026 have been entered into the above-identified application. Claims 2, 9, and 20 have been canceled. Claim 21 has been added. Claims 1, 3-8, 10-19, and 21 are currently pending.
Terminal Disclaimer
The terminal disclaimer filed on 4/16/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. 12,428,882 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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) 1, 3, 10, 14-19, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Linden (U.S. 11,619,079).
Regarding claim 1, Linden teaches a door assembly for a motor vehicle, comprising: a door (14) mounted relative to an opening in a body of the motor vehicle (10) such that the door (14) is moveable between a fully closed position and a fully open position (column 1 lines 7-10), wherein the door (14) includes trim (46); and a fixed door handle (26) projecting outward from an exterior surface of the door (14), and wherein the fixed door handle (26) includes a switch assembly (combination of 126 and 110) configured to generate an electric signal when pressed (column 4 line 65-column 5 line 2), wherein the fixed door handle (26) includes a base section (54) and a top section (58), wherein the top section (58) projects vertically above the trim (46, as described in column 4 lines 6-12), wherein the top section (58) includes an inner surface (as can be seen in fig 3 with cover removed from door handle 26) facing the door (14) and an outer surface facing away from the door (seen for example in fig 2), and wherein the switch assembly (126/110) is arranged adjacent the inner surface of the top section (58, seen in fig 4) such that the switch assembly (126/110) faces the door (14).
Regarding claim 3, Linden teaches the door assembly of claim 1. Linden further teaches wherein the trim (42) is a belt molding (column 3, lines 64-65).
Regarding claim 10, Linden teaches the door assembly of claim 1. Linden further teaches wherein the switch assembly (126/110) includes a pad (110) and a plurality of switches (126) configured to generate the electric signal (described in column 5 lines 9-10).
Regarding claim 14, Linden teaches the door assembly of claim 1. Linden further teaches wherein the door (14) is free of pivotable exterior door handles (column 1 lines 23-32 describe handle assemblies that are actuated by switches and not by pivoting).
Regarding claim 15, Linden teaches the door assembly of claim 1. Linden further teaches further comprising a latch assembly (22) configured to selectively lock and unlock the door (14), wherein the latch assembly (22) is configured to unlock the door in response to the electric signal (described in column 5 lines 41-45).
Regarding claim 16, Linden teaches the door assembly of claim 1. Linden further teaches comprising a door presenter assembly (door actuator 18) configured to move the door (14) from the fully closed position to a partially open in response to the electric signal (as described in column 4 line 65-column 5 line 2).
Regarding claim 17, Linden teaches the door assembly of claim 1. Linden further teaches wherein, in response to the signal from the switch assembly (126/110), the door (14) is configured to both unlock (described in column 5 lines 41-45) and move to a partially open position (via actuator 18).
Regarding claim 18, Linden teaches a door assembly for a motor vehicle, comprising: a door (14) mounted relative to an opening in a body of the motor vehicle (10) such that the door (14) is moveable between a fully closed position and a fully open position (column 1 lines 7-10), wherein the door (14) includes an internal panel (86); and a fixed door handle (26) projecting outward from an exterior surface of the door (14), and wherein the fixed door handle (14) includes a switch assembly (combination of 126 and 110) configured to generate an electric signal when pressed (column 4 line 65-column 5 line 2), wherein the fixed door (14) handle includes a base section (54) and a top section (58), wherein a top of the base section (54) includes a recess (clip recesses as seen in fig 3 and described in column 6 lines 10-12) configured to receive the top section (58), wherein the fixed door handle (26) further includes a mount assembly (70-74 combination) projecting vertically downward from a remainder of the fixed door handle (as seen in fig 6), and wherein the mount assembly (70/74) includes a leg (70 , see fig 6) extending adjacent the internal panel (86) of the door (14), wherein the leg (70) is configured to attach to the internal panel (86) via a fastener (clip 62, can also be welded as described in column 4 lines 21-29).
Regarding claim 19, Linden teaches a method, comprising: activating one or both of a door presenter assembly and a latch assembly (22, described in column 5 lines 41-45) of a door (14) in response to a signal generated by a switch assembly (combination of 126/110), wherein a fixed door handle (26) projecting outward from an exterior surface of the door (14, see fig 3) includes the switch assembly (126/110 combination, as seen in section view in fig 4), wherein the activating step includes a user applying a force (via fingers F, see fig 6) to the switch assembly (126/110) at a location on the fixed door handle (26); and after the activating step, manually moving the door (14) to a fully open position by the user applying a force to the fixed door handle (26) at the location (seen in fig 6) without the user repositioning their hand relative to the fixed door handle (26) between the activating step and the manually moving step (as evidenced in fig 6, the fingers of the user contact the switch assembly to activate the switch assembly, and then the users hand would continue in the same motion to apply a force to move the door to the fully opened position).
Regarding claim 21, Linden teaches the method of claim 19. Linden further teaches wherein the force applied by the user (by F in fig 6) to activate the switch assembly (126/110) is in substantially the same direction as the force applied by the user to manually move the door (14) to the fully open position (as evidenced in fig 6, the fingers of the user contact the switch assembly to activate the switch assembly, and then the user’s hand would continue in the same motion to apply a force to move the door to the fully opened position).
Allowable Subject Matter
Claims 4-8 and 11-13 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 14-15, and 16-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant has amended independent claims 1, 18, and 19 to further limit the subject matter being claimed. As a result, a further prior art search was completed which discovered the prior art of Linden. Linden teaches a fixed door handle with switch assembly on the inside surface of the handle, and teaches the claims as amended. Claims 4-8 and 11-13 are indicated as allowable subject matter, but are currently dependent on claim 1, which has been rejected, as noted above. Applicant's terminal disclaimer has been approved, however, the independent claims as currently written are rejected, as noted above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Susan M Heschel whose telephone number is (571)272-6621. The examiner can normally be reached Monday-Friday 8:00 am-4:00 pm.
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/SUSAN M. HESCHEL/Examiner, Art Unit 3637
/Muhammad Ijaz/Primary Examiner, Art Unit 3631