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 .
Information Disclosure Statement
The Information disclosure statement of 01/30/2025 has been received and reviewed.
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 14 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 14 recites the phrase “can be”. It is unclear if the limitations following this phrase are required or not.
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) 9-12 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR 3034802 to Thai.
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) 9-11 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over FR 3034802 to Thai in view of US 20230332444 to Despreaux.
Regarding claim 9, Thai discloses:
A vehicle door handle assembly (fig 1), comprising: a bracket (7) configured to be fixed on an inner side of a door panel (4); a movable handle (18) fastened to the bracket and configured to move between a retracted position (when 18 is flush) wherein the movable handle flushes with an outer side (5) of the door panel and a deployed position (fig 2); a security plate (17) comprising a central opening (41) and configured to be fixed to the bracket; a lock (19) configured to be positioned within the central opening of the security plate; and a cover (16) fastened to the bracket and/or to the security plate and configured to cover the security plate, the cover comprising a central opening (26) configured to receive the lock.
Thai does not explicitly disclose the cover being a plastic cover. However, Despreaux teaches that it is well known in the art for a cover (7a) to be made of plastic (paragraph 0030). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Despreaux into Thai at least because doing so would provide additional utility by allowing the use of different materials
Regarding claim 10, Thai in view of Despreaux discloses:
The vehicle door handle assembly in accordance with claim 9, wherein the plastic cover is clipped to the bracket and/or to the security plate (via 31).
Regarding claim 11, Thai in view of Despreaux discloses:
The vehicle door handle assembly in accordance with claim 10, wherein the plastic cover comprises a first and a second pins (29) arranged on a first side (left side) of the plastic cover and configured to be positioned in a respective first and second slots (slots of 17 seen in fig 3) of the bracket or the security plate and a hook (31) arranged on a second side (right side) of the plastic cover, opposite to the first side, and configured to be introduced within an opening (43) of the bracket or the security plate for clipping the plastic cover to the bracket and/or to the security plate.
Regarding claim 13, Thai in view of Despreaux discloses:
The vehicle door handle assembly in accordance with claim 9, wherein the security plate is made of steel (13 of Despreaux, see paragraph 0030). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Despreaux into Thai at least because doing so would provide additional utility by allowing the use of different materials.
Regarding claim 14, Thai in view of Despreaux discloses:
The vehicle door handle assembly in accordance with claim 9, wherein the movable handle comprises a manual release position (fig 2) wherein the lock can be positioned from the outside of the vehicle door panel in a recess (see recess in 7 where 19 is positioned in fig 2) of the bracket.
Allowable Subject Matter
Claims 12 and 15-17 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yahya Sidky whose telephone number is (571)272-6237. The examiner can normally be reached Monday-Thursday 8:30-4:30.
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/Y.S./Patent Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675