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 .
Response to Arguments
Applicant’s arguments, filed 18 June 2026, with respect to the objections to claims 11 and 14 have been fully considered and are persuasive. The objections of 28 May 2026 have been withdrawn.
Applicant's arguments with respect to the prior art rejection of claim 1 have been fully considered but they are not persuasive. Applicant argues that the vehicle door handle disclosed by Tokudome (US-12209442-B2) fails to demonstrate a three-position architecture comprising a rest position, an actuating position, and an intermediate position between the rest and actuating positions. However, Tokudome explicitly discloses a stored state (Figure 2), an exposed state (Figure 3), and an actuating position wherein the handle is pulled beyond the exposed state to mechanically actuate the latch (Col. 3 Lines 41-48). Therefore, it is unclear to the Examiner how the instant invention is functionally distinguished over the prior art, as Tokudome explicitly discloses “a dual-mode unlocking system in which the lock can be unlocked either electrically (via the operating element) or mechanically (by moving the handle element from the rest position through the intermediate position to the actuating position)”.
Claim Objections
Claim(s) 21 objected to because of the following informalities: claim(s) should be amended to recite “The vehicle door according to claim [[11]] 12”. Appropriate correction or clarification 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 14-20 and 26-30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tokudome (US-12209442-B2).
With regards to claim 14, Tokudome discloses a vehicle door for a motor vehicle (2 Figure 1), having a handle element (10 Figure 1) arranged on the outside of the door, beneath a door shoulder of the vehicle door (as shown Figure 1), wherein:
an operating element (“touch sensor”, Col. 3 Lines 1-15) is integrated into the handle element and configured for operating a lock (3 Figure 1), the vehicle door being arranged on a structure of the motor vehicle so as to be movable between a closed position and at least one open position (Col. 2 Lines 29-38), the vehicle door being able to be secured in the closed position by way of the lock, and the vehicle door being unlockable electrically by way of the operating element (Col. 2 Lines 39-60);
the handle element is held on a base body (2 Figure 2) of the vehicle door so as to be movable relative to the base body from a rest position (R) (Figure 2) into at least one actuating position (B) (pulled beyond the exposed position of Figure 3), wherein, as a result of the handle element being moved from the rest position (R) into the actuating position (B), the lock is unlockable mechanically (Col. 1 Lines 23-26);
an actuating device (20 Figure 1) is provided, by way of which the handle element is movable relative to the base body from the rest position (R) into an intermediate position (Figure 3) located between the rest position (R) and the actuating position (B) and can be held in the intermediate position relative to the base body (Col. 4 Lines 1-9); and
the handle element has:
an outer skin (outer skin of 10, Figure 3) that is visually and haptically perceivable by a person located in the surroundings of the vehicle door (as shown Figure 3);
a first subregion (TB1) (11 Figure 3), forming a first part of the outer skin of the handle element, with a first extension direction (left/right, Figure 1); and
a second subregion (TB2) (12 Figure 3), forming a second part of the outer skin of the handle element and adjoining the first subregion (TB1), the second subregion protruding from the first subregion (TB1) in at least a second extension direction (into/out of the page, Figure 1) extending obliquely or perpendicularly to the first extension direction, with the result that the handle element is L-shaped or V-shaped (the handle element is substantially L-shaped, Figure 3).
With regards to claim 15, Tokudome discloses the vehicle door according to claim 14, wherein:
the actuating device (20 Figure 1) has an actuator (34 Figure 1) and an energy store (50 Figure 1) which is assigned specifically to the actuator and in which energy is stored, with which the actuator is able to be supplied independently of the rest of the motor vehicle (energy store 50 is independent from vehicle main power store 40, Figure 1), with the result that the actuator is operable, and as a result of the actuator being operated, the handle element is movable from the rest position (R) (Figure 2) into the intermediate position (Figure 3)(Col. 5 Lines 4-11).
With regards to claim 16, Tokudome discloses the vehicle door according to claim 15, wherein:
the energy store (50 Figure 1) stores electrical energy with which the electrically operable actuator (34 Figure 1) is able to be supplied and as a result to be operated (Col. 5 Lines 4-11).
With regards to claim 17, Tokudome discloses the vehicle door according to claim 14, wherein:
the actuating device (20 Figure 1) has at least one spring element which is tensioned at least in the rest position (R) (Figure 2) and as a result provides a spring force by way of which the handle element is movable from the actuating position (B) (pulled beyond the exposed position of Figure 3) into the intermediate position (Figure 3)(Tokudome describes reversibly pulling on the handle from the intermediate position with a predetermined force or greater to release the latch, and is therefore interpreted as disclosing a return spring element as is standard in the art, Col. 3 Lines 1-15).
With regards to claim 18, Tokudome discloses the vehicle door according to claim 14, wherein:
the actuating device (20 Figure 1) is designed to move the handle element (10 Figure 1) from the rest position (R) (Figure 2) into the intermediate position (Figure 3) if the motor vehicle is involved in an accident (Figure 4, Col. 7 Lines 26-31).
With regards to claim 19, Tokudome discloses the vehicle door according to claim 14, wherein:
the actuating device (20 Figure 1) is designed to move the handle element automatically from the rest position (R) (Figure 2) into the intermediate position (Figure 3) in the event of an interruption to a power supply (40 Figure 1) of the operating element and/or of the actuating device and/or (interpreted as requiring only one of associated limitations) of at least one other, further component of the motor vehicle (Figure 4, Col. 7 Lines 3-13, 26-31).
With regards to claim 20, Tokudome discloses a motor vehicle having at least one vehicle door according claim 14 (Col. 1 Lines 5-6).
With regards to claim 26, Tokudome discloses the vehicle door according to claim 14, wherein the actuating device (20 Figure 1) has an actuator (34 Figure 1) which, in an energized state, keeps a spring element (return means, Col. 6 Line 16) tensioned, and as a result of the actuator being transferred from the energized state into a deenergized state, the actuator releases the spring element for at least partial relaxation of the spring element, such that the spring element moves the handle element from the rest position (R) (Figure 2) into the intermediate position (Figure 3)(Col. 6 Lines 6-16).
With regards to claim 27, Tokudome discloses the vehicle door according to claim 14, wherein the handle element (10 Figure 1) is movable from the intermediate position (Figure 3) into the actuating position (B) (pulled beyond the exposed position of Figure 3) manually by a person located in the surroundings (Col. 6 Lines 17-30), and during the movement of the handle element from the rest position (R) (Figure 2) into the intermediate position, the lock is not unlocked mechanically (Col. 6 Lines 31-38).
With regards to claim 28, Tokudome discloses the vehicle door according to claim 14, wherein a retention device (return means, Col. 6 Line 16) is provided which secures the handle element (10 Figure 1) relative to the base body (2 Figure 2) in the rest position (R) (Figure 2) up to a limit force and passively allows the movement of the handle element from the rest position (R) into the actuating position (B) (pulled beyond the exposed position of Figure 3) when an actuating force acting on the handle element exceeds the limit force (Col. 6 Lines 6-16).
With regards to claim 29, Tokudome discloses the vehicle door according to claim 14, wherein the vehicle door has a first guide device provided on the base body (recess in 2, Figure 3) and a second guide device (legs of 12, Figure 3) provided on the handle element (10 Figure 2), the first guide device having a guide slot and the second guide device having a guide element engaging in the guide slot, such that the first guide device and the second guide device define a movement path along which the handle element is movable from the rest position (R) (Figure 2) into the actuating position (B) (pulled beyond the exposed position of Figure 3)(Figures 2-3 show the guide slot of the base body guiding the guide element of the handle element).
With regards to claim 30, Tokudome discloses the vehicle door according to claim 14, wherein the vehicle door is configured such that, when the operating element (“touch sensor”, Col. 3 Lines 1-15) is operated and the lock is unlocked electrically, there is no movement of the handle element from the rest position (R) (Figure 2) into the actuating position (B) (pulled beyond the exposed position of Figure 3)(electrically unlocking the lock causes the handle to move only from the rest position of Figure 2 to the intermediate position of Figure 3, Col. 6 Lines 17-30).
Claim Rejections - 35 USC § 103
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) 11-13 and 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tokudome in view of Takigami (US-12312843-B2).
With regards to claim 11, Tokudome discloses a vehicle door for a motor vehicle, having a handle element arranged on the outside of the door, wherein:
an operating element is integrated into the handle element and configured for operating a lock, the vehicle door being arranged on a structure of the motor vehicle so as to be movable between a closed position and at least one open position, the vehicle door being able to be secured in the closed position by way of the lock, and the vehicle door being unlockable electrically by way of the operating element;
the handle element is held on a base body of the vehicle door so as to be movable relative to the base body from a rest position (R) into at least one actuating position (B), wherein, as a result of the handle element being moved from the rest position (R) into the actuating position (B), the lock is unlockable mechanically; and
an actuating device is provided, by way of which the handle element is movable relative to the base body from the rest position (R) into an intermediate position located between the rest position (R) and the actuating position (B) and can be held in the intermediate position relative to the base body (Tokudome discloses each and every element of claim 11, see rejection of claim 14 above).
Tokudome does not disclose that the handle element is arranged above a door shoulder of the vehicle door.
However, Takigami teaches a handle element (30 Figure 1) arranged above a door shoulder (14 Figure 1) of a vehicle door (12 Figure 1). Furthermore, In re Japikse (181 F.2d 1019, 86 USPQ 70) held that rearranging parts of an invention without modifying the operation of the device involves only routine skill in the art. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to arrange Tokudome’s handle element above the door shoulder of the vehicle door, with a reasonable expectation of success. One would have been motivated to move the handle element for improved ergonomics with vertically smaller cars having a relatively low door shoulder.
With regards to claim 12, Tokudome in view of Takigami teaches the vehicle door according to claim 11, wherein the handle element has:
an outer skin that is visually and haptically perceivable by a person located in the surroundings of the vehicle door;
a first subregion (TB1), forming a first part of the outer skin of the handle element, with a first extension direction; and
a second subregion (TB2), forming a second part of the outer skin of the handle element and adjoining the first subregion (TB1), the second subregion protruding from the first subregion (TB1) in at least a second extension direction extending obliquely or perpendicularly to the first extension direction (Tokudome discloses each and every element of claim 12, see rejection of claim 14 above).
With regards to claim 13, Tokudome in view of Takigami teaches the vehicle door according to claim 12, wherein the handle element is L-shaped or V-shaped (Tokudome discloses each and every element of claim 13, see rejection of claim 14 above).
With regards to claim 21, Tokudome in view of Takigami teaches the vehicle door according to claim 11, wherein the handle element (10 Figure 1) is attached to the base body (2 Figure 2) via the first subregion (11 Figure 3), and the second subregion (12 Figure 3) adjoins an end of the first subregion that faces away from the base body (as shown Figure 3).
With regards to claim 22, Tokudome in view of Takigami teaches the vehicle door according to claim 11, wherein a retention device is provided which secures the handle element relative to the base body in the rest position (R) up to a limit force and passively allows the movement of the handle element from the rest position (R) into the actuating position (B) when an actuating force acting on the handle element exceeds the limit force (Tokudome discloses each and every element of claim 22, see rejection of claim 28 above).
With regards to claim 23, Tokudome in view of Takigami teaches the vehicle door according to claim 11, wherein the vehicle door has a first guide device provided on the base body and a second guide device provided on the handle element, the first guide device having a guide slot and the second guide device having a guide element engaging in the guide slot, such that the first guide device and the second guide device define a movement path along which the handle element is movable from the rest position (R) into the actuating position (B) (Tokudome discloses each and every element of claim 23, see rejection of claim 29 above).
With regards to claim 24, Tokudome in view of Takigami teaches the vehicle door according to claim 23, wherein the movement path extends in an arcuate manner (Tokudome is interpreted as disclosing the standard arcuate movement path, at least between the intermediate position of Figure 3 and the actuating position, Col. 6 Lines 17-30).
With regards to claim 25, Tokudome in view of Takigami teaches the vehicle door according to claim 11, wherein the vehicle door is configured such that, when the operating element is operated and the lock is unlocked electrically, there is no movement of the handle element from the rest position (R) into the actuating position (B) (Tokudome discloses each and every element of claim 25, see rejection of claim 30 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 Noah Horowitz, whose telephone number is (571)272-5532. The examiner can normally be reached Monday - Friday, 11:00AM - 7:00 PM.
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/NOAH HOROWITZ/Examiner, Art Unit 3675
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