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 04/08/2025 has been received and reviewed.
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 two supporting domes of claim 7 and the inner and outer handles being formed as latches or knobs of claim 11 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 § 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.
Claims 1-11 are 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 1 recites “the latching pin interacts with the at least on locking element by moving the polygon in the axial direction”. The latching pin does not move the polygon in the axial direction. The movement of the polygon in the axial direction is what causes the latching pin to interact with the at least one locking element. Examiner will interpret the claim as reciting the latching pin interacts with the at least on locking element when the polygon is moved in the axial direction.
Claim 5 recites the phrase “can”. It is unclear if the limitations following said phrase are required or not.
Claim 11 recites the handles being formed as latches or knobs, but the drawings and specifications show them formed as levers. It is unclear how a handle would be formed as a latch.
Claims 2-4 and 6-10 are rejected due to their dependency on a rejected claim.
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, 6, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 1544383 (herein referred to as 383).
Regarding claim 1, 383 discloses:
A door handle set (fig 2) having a first handle (11) formed as an outer handle (fig 2), a base plate (18) connected thereto with at least one locking element (19), and a polygon (17) engageable with the base plate (fig 2) and the outer handle and having at least one latching pin (21), wherein the latching pin interacts with the at least one locking element by moving the polygon in the axial direction in such a way that the outer handle is blocked for movement in a predetermined radial movement direction in a first position (fig 2, 21 is in recess 20 of 19) of the polygon and is released for movement in a predetermined radial movement direction in a second position (fig 3, 21 is released from 19) of the polygon.
Regarding claim 6, 383 discloses:
The door handle set according to claim 1, wherein a blocking element (20) projecting from the base plate is provided, which is arranged in such a way that the movement of the at least one latching pin in the radial direction and against the predetermined radial movement direction is thereby limited (20 limits the movement of 21).
Regarding claim 9, 383 discloses:
The door handle set according to claim 1, wherein the base plate, outer handle and polygon are connected to one another in a form-fitting manner (fig 2).
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) 2, 5, and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 1544383 (herein referred to as 383) in view of JP H10184112 (herein referred to as 112).
Regarding claim 2, 383 does not explicitly disclose:
The door handle set according to claim 1, wherein the polygon has two latching pins opposite one another, and wherein two locking elements are provided. 383 only discloses 1 latching pin.
However, 112 teaches that it is well known in the art for a polygon (14) to have tow latching pins (19) opposite one another (see fig 3), and wherein two locking elements are provided (22). 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 112 into 383 at least because doing so would provide additional security by adding redundancy.
Regarding claim 5, 383 does not explicitly disclose:
The door handle set according to claim 1, further having an inner handle which can be brought into engagement with an area of the polygon opposite the outer handle in such a way that it is operatively connected thereto and can actuate the polygon in the radial direction in order to bring the polygon into the first position and into the second position.
However, 112 teaches an inner handle (12) which can be brought into engagement with an area of the polygon opposite the outer handle (right end as seen in gif 3) in such a way that it is operatively connected thereto (fig 2). 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 112 into 383 at least because doing so would provide additional utility by providing an inner and outer handle to actuate the door from both sides. This combination would allow the inner handle to axially actuate the polygon due to the invention of 383.
Regarding claim 10, 383 in view of 112 discloses:
The door handle set according to claim 5, wherein inner handle and outer handle are formed in the same manner (fig 2, they are both formed as handles).
Regarding claim 11, 383 in view of 112 discloses:
The door handle set according to claim 5, wherein inner handle and outer handle are formed as latch, as knob or as fixed or rotatable knob (they are both rotatable knobs).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 1544383 (herein referred to as 383) in view of US 20180209185 (herein referred to as 185).
Regarding claim 8, 383 does not explicitly disclose:
The door handle set according to claim 1, further having at least one locking indicator arranged on a handle, which is visible or not visible depending on the position of the polygon, and which is - either provided between the area of the handle facing a door panel and a rosette and formed as a colored layer, or - provided on a visible side of the handle, wherein the handle has a hole in an area above the polygon, and wherein an indicator element is mounted on the polygon in the area of the hole, which by moving the polygon in the axial direction slides an indicator into the area of the opening of the hole or out of the area of the opening of the hole.
However, 185 teaches that it is well known in the art for at least one locking indicator (38) to be coupled to a door handle set facing a door panel and formed as a colored layer (38a/b). 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 185 into 383 at least because doing so would provide additional utility by providing visual indication of the state of the lock. The lock indicator being incorporated into 383 would move with the polygon and have a hole or opening to show the indication.
Allowable Subject Matter
Claims 3-4 and 7 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Y.S./Patent Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675