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 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) 13-20, 22-20 and 32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Number 8,359,712 to Saitou et al.
Saitou et al. disclose a vehicle door for a motor vehicle, having a handle element (14) which is arranged on the outer side of the door, arranged above a beltline of the vehicle door, wherein: the vehicle door is arrangeable on a body of the motor vehicle so as to be movable between a closed position and at least one open position (column 1, lines 6-15); a lock (15) is configured to secure the vehicle door in the closed position; an operating element (14a) is integrated into the handle element, by way of which operating element the lock can be electrically unlocked (capable of being electrically actuated); and the handle element is held on a base body (12) of the vehicle door so as to be movable relative to the base body from a rest position (unactuated position) into at least one actuating position (pulled, operated position), wherein the lock is able to be mechanically unlocked by moving the handle element from the rest position into the actuating position (pulling the handle operates the lock), as in claim 13.
Saitou et al. also disclose the handle element has: an outer skin (exterior surface of the handle) that can be perceived visually and haptically by a person standing in the surroundings of the vehicle door; a first partial region (region graspable by the user) forming a first part of the outer skin of the handle element and having a first direction of extent; and a second partial region (region extending into the door cavity to actuate the door locking assembly) forming a second part of the outer skin of the handle element and adjoining the first partial region, which second partial region projects from the first partial region in at least one second direction of extent extending obliquely or perpendicularly to the first direction of extent (as shown in figure 2), as in claim 14, wherein: as a result of the second partial region projecting from the first partial region in the second direction of extent the handle element is L-shaped or V-shaped (cross-section of the handle is substantially L-shaped, figure 2), as in claim 15.
Saitou et al. further disclose the lock can be electrically unlocked by operating the operating element without the handle element moving from the rest position into the actuating position (the lock is capable of being electrically actuated), as in claim 25, and the operating element comprises a touch-sensitive surface (gripping surface of the handle), as in claim 26, as well as a pulling element (24) coupled to the handle element and to the lock, wherein moving the handle element from the rest position into the actuating position transmits a force to the lock via the pulling element to mechanically unlock the lock (allowing for 24 to be detached from the handle element and the lock to be mechanically actuated), as in claim 27, wherein the actuating position is a stable position in which the handle element is held relative to the base body by a locking device such that relative movements between the handle element and the base body do not occur in the actuating position (when actuating the handle element, additional movements are precluded), as in claim 28.
Saitou et al. additionally disclose a vehicle door for a motor vehicle, having a handle element (14) which is arranged on the outer side of the door, below a beltline of the vehicle door, wherein: an operating element (14a) is integrated into the handle element, by way of which a lock (15), by way of which the vehicle door, which can be arranged on a body of the motor vehicle so as to be movable between a closed position and at least one open position, can be secured in the closed position, can be electrically unlocked (capable of being electrically actuated); the handle element is held on the base body so as to be movable relative to a base body of the vehicle door from a rest position (unactuated position) into at least one actuating position (pulled, operated position), wherein the lock is mechanically unlockable by moving the handle element from the rest position into the actuating position (pulling the handle operates the lock); and the handle element has: an outer skin (exterior surface of the handle) that can be perceived visually and haptically by a person standing in the surroundings of the vehicle door; a first partial region (region graspable by the user) forming a first part of the outer skin of the handle element and having a first direction of extent; and a second partial region (region extending into the door cavity to actuate the door locking assembly) forming a second part of the outer skin of the handle element and adjoining the first partial region , which second partial region projects from the first partial region in at least one second direction of extent extending obliquely or perpendicularly to the first direction of extent, whereby the handle element is L- shaped or V-shaped (cross-section of the handle is substantially L-shaped, figure 2), as in claim 16.
Saitou et al. also disclose a first guide device (support shaft 21) is provided on the base body; a second guide device (bearing that receives the support shaft) is provided on the handle element, which interacts with the first guide device, whereby the handle element can be moved in a guided manner relative to the base body along a path of movement predetermined by the interacting guide devices between the rest position and the actuating position (rotation about the support shaft), as in claim 17, wherein the path of movement is arcuate (path defined by rotation about 21), as in claim 18, and in the installed position of the vehicle door and in the closed position of the vehicle door, the arcuate path of movement is curved towards the interior of the motor vehicle (figure 2), as in claim 19.
Saitou et al. further disclose a retaining device (a spring, which is not illustrated, is provided between the support portion 13a and the support arm portion 14c, and the outer handle 14 is spring-biased toward a non-operated position side on which the operation portion 14a is in proximity to the outer face of the base member 13) secures the handle element relative to the base body in the rest position up to a limit force and passively permits the movement of the handle element relative to the base body from the rest position into the actuating position when an actuating force acting on the handle element exceeds the limit force, as in claim 20, and the handle element can be pivoted about a pivot axis (via 21) relative to the base body between the rest position and the actuating position (figure 2), as in claim 22, wherein the pivot axis (SA) runs in the vertical direction of the vehicle or in the longitudinal direction of the vehicle when the vehicle door is in the installed position (figure 2), as in claim 23, as well as a motor vehicle, comprising at least one vehicle door according to claim 16 (column 1, lines 44-63), as in claim 24.
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Saitou et al. additionally disclose the lock can be electrically unlocked by operating the operating element without the handle element moving from the rest position into the actuating position (the lock is capable of being electrically actuated), as in claim 29, and the operating element is integrated in the second partial region and is arranged on an inner side of the second partial region facing the base body (the operating element and the second partial region are integrally constructed), as in claim 30, as well as the pivot axis runs in the transverse direction of the vehicle when the vehicle door is in the installed position (it is taken the vehicular direction is front to back of the vehicle, where the pivot axis extends transverse to the vehicular direction, extending top to bottom), as in claim 32.
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) 21 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saitou et al., as applied above.
Saitou et al. disclose the invention substantially as claimed. However, Saitou et al. do not disclose the amount of force the limit force is. It is common knowledge in the prior art to have a limit force greater than 90 newtons in the same field of endeavor for the purpose of preventing accidental actuation of the door handle. It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the limit force greater than 90 newtons in order to prevent the door handle from accidently opening. Where the range of article sizes disclosed in the prior art envelopes the recited range, and there is no showing of criticality of the recited range, such recited range would have been one of ordinary skill in the art. In re Reven, 390 F.2d 997, 156 USPQ 679 (CCPA 1968).
Response to Arguments
Applicant's arguments filed June 3, 2026 have been fully considered but they are not persuasive. In response to the applicant’s argument that Saitou does not disclose the lock being electrically actuated, the examiner states the claims only recite the lock “can be” electrically actuated, it is taken that the aforementioned is not positive limitation, thus only requires the ability to be electrically actuated. Additionally, Saitou discloses the use of an unlock sensor meaning the use of electrical devices within the handle element is utilized, making it intrinsic that the lock can be electrically actuated. Moreover, as the lock is hidden behind the handle, a user would have to remotely actuate the lock meaning the lock capable of being electrically actuated.
In regards to the applicant’s argument that Saitou does not disclose pulling the handle operates the lock, the examiner respectfully disagrees. The claims recite “the lock is mechanically unlockable by moving the handle element from the rest position into the actuating position,” defining the action of the handle does not operate the lock, but rather the lock only becomes unlockable due to the movement. Accordingly, Saitou discloses operation of the handle exposes the lock be to mechanically actuated.
Conclusion
THIS ACTION IS MADE FINAL. 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 CHRISTOPHER J BOSWELL whose telephone number is (571)272-7054. The examiner can normally be reached M-R: 9-4; F 9-12.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/CHRISTOPHER J BOSWELL/ Primary Examiner, Art Unit 3675
CJB /cb/
July 14, 2026
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