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 .
Specification
The specification is objected to because of the following informalities:
Correct the term “adjusting mechanism” to -moving mechanism- (or other suggested term, see 112 2nd paragraph rejection below). Appropriate correction is required.
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 1-12 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.
The claims present the term “at least one”. The term is indefinite since there is only one of the mentioned limitations in the claims. Correction is required.
Claim 1 requires an adjustment mechanism that comprises the first lever arm and the coupling rod.
First, the first lever arm and the coupling rod are part of the outside handle arrangement, not the “adjustment mechanism”. The “adjustment mechanism is just elements 282, 284.
Second, it is unclear how this mechanism “adjusts”. At the instant, elements 282, 284 are just a slot and a projection, respectively. The elements are not adjusting anything. These elements, in combination with the movement of the lever arm and the coupling rod, are a mechanism to move.
Therefore, in order to continue with the examination, the claim will be interpreted as the handle arrangement comprising the first lever arm and the coupling rod and that the handle arrangement further comprises a “moving mechanism”. Correction is required.
Claim 1 also requires the handle moving between a non-use position and a use position. At the instant, it is unclear from the claim language how that is possible without the drive unit 290 operationally moving the first lever arm and the 2nd lever arm.
Therefore, in order to continue with the examination, the claim will be interpreted as the handle arrangement comprising a drive unit configured to operate the first lever arm to move the handle between the positions claimed and the 2nd lever arm to aid in the movement. Correction is required.
Claim 1 also requires the following:
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At the instant the limitation is indefinite. The guide element is defined as 282.1 and the stop element is 284.1. Here is the invention:
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As shown, the first lever arm, during movement from non-use to use position, will cooperate with the guide element.
However, when moving back from the use position to the non-use position, the guide element will cooperate with both, the guide and the stop element, since the pin 264.1 is still cooperating with the guide element. Correction is required.
Claim 5, the claim fails to provide proper antecedent of basis for the counter stop element limitation.
At the instant, claims 3 and 4 should be put it together and then claim 5 depending from that new claim. Correction is required.
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, 3-5, 8 and 12 is/are rejected under 35 U.S.C. 102a1 as being anticipated by CN 115419333 to Dong.
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Regarding claims 1 and 12, Dong discloses an outside door handle arrangement for a vehicle door.
The arrangement comprises a movable door handle (1), a first lever arm (4) and a coupling rod (6). A drive unit (not shown) is configured to operate the first lever arm to move the handle between a non-use position and a use position.
The coupling rod comprises a “moving mechanism” for the controlled movement of the door handle. The mechanism comprises a guide element and a stop element (ends of slot 6-1).
The first lever arm cooperates with the guide element of the coupling rod to move the door handle from the non-use position into the use position, and cooperates with the stop element to move the door handle from the use position into the non-use position.
As to claim 3, Dong discloses that the guide element is arranged in the region of a rod end of the coupling rod and the stop element is arranged on the rod end of the coupling rod.
As to claim 4, Dong discloses that the first lever arm comprises a counter guide element (side of pin 10) which is guided in or on the guide element of the coupling rod.
As to claim 5, Dong discloses that the first lever arm comprises a counter stop element (side of pin 10) which comes into contact with the stop element of the coupling rod in order to return the door handle from the use position to the non-use position.
As to claim 8, Dong discloses that in normal operation, a movement of the first lever arm causes a movement of the coupling rod, so as to extend or retract a second lever arm (5) coupled to the coupling rod.
Claim(s) 1, 3-5, 8 and 12 is/are rejected under 35 U.S.C. 102a1 as being anticipated by CN 111593977 to Hu.
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Regarding claims 1 and 12, Hu discloses an outside door handle arrangement for a vehicle door.
The arrangement comprises a movable door handle (1), a first lever arm (8) and a coupling rod (7). A drive unit (5) is configured to operate the first lever arm to move the handle between a non-use position and a use position.
The coupling rod comprises a “moving mechanism” for the controlled movement of the door handle. The mechanism comprises a guide element and a stop element (surfaces at the coupling rod that interact with surface 15 on the 1st lever arm).
The first lever arm cooperates with the guide element of the coupling rod to move the door handle from the non-use position into the use position, and cooperates with the stop element to move the door handle from the use position into the non-use position.
As to claim 3, Hu discloses that the guide element is arranged in the region of a rod end of the coupling rod and the stop element is arranged on the rod end of the coupling rod.
As to claim 4, Hu discloses that the first lever arm comprises a counter guide element (15) which is guided in or on the guide element of the coupling rod.
As to claim 5, Hu discloses that the first lever arm comprises a counter stop element (15) which comes into contact with the stop element of the coupling rod in order to return the door handle from the use position to the non-use position.
As to claim 8, Hu discloses that in normal operation, a movement of the first lever arm causes a movement of the coupling rod, so as to extend or retract a second lever arm (6) coupled to the coupling rod.
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) 1, 3-5, 8 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Application Publication No 20160298366 to Och.
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Regarding claims 1 and 12, Och discloses an outside door handle arrangement for a vehicle door.
The arrangement comprises a movable door handle (10), a first lever arm (20), and a coupling rod (72). A drive unit (42, 44) is configured to operate the first lever arm to move the handle between a non-use position and a use position.
A “moving mechanism” for the controlled movement of the door handle. The mechanism comprises a guide element and a stop element.
The first lever arm cooperates with the guide element of the coupling rod to move the door handle from the non-use position into the use position, and cooperates with the stop element to move the door handle from the use position into the non-use position.
Och fails to disclose that “moving” mechanism is on the coupling rod. Och discloses that the mechanism is on the first lever arm that interact with a portion (at 70) of the coupling rod.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the mechanism on the coupling rod, instead on the first lever arm, since the reversal of components in a prior art reference, where there is no disclosed significance to such reversal, is a design consideration within the skill of the art.
As to claim 3, Och discloses that the guide element is arranged in the region of a rod end of the coupling rod and the stop element is arranged on the rod end of the coupling rod.
As to claim 4, Och will teach that the first lever arm comprises a counter guide element that is guided in or on the guide element of the coupling rod.
As to claim 5, Och will teach that the first lever arm comprises a counter stop element that comes into contact with the stop element of the coupling rod in order to return the door handle from the use position to the non-use position.
As to claim 8, Och discloses that in normal operation, a movement of the first lever arm causes a movement of the coupling rod, so as to extend or retract a second lever arm (32) coupled to the coupling rod.
Allowable Subject Matter
Claims 2, 6, 7 and 9 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.
Claims 10 and 11 will also be allowed since the claims depend from claim 9 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS LUGO whose telephone number is (571)272-7058. The examiner can normally be reached M-F 9-6pm.
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/Carlos Lugo/
Primary Examiner
Art Unit 3675
August 3, 2026
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