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 .
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.
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 rear end of the exposed surface of the second handle being connected to the front end of the exposed surface of the cover, as recited in claim 2, 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 Objections
Claims 1-3 are objected to because of the following informalities:
In regards to claim 1, lines 1 and 2, the phrase “An outside handle device comprising: a door outer panel” should be changed to “An outside handle device in combination with a vehicle door, the vehicle door comprising a door outer panel,” in line 4, the phrase “a first door handle” should be changed to “the outside handle device comprising: a first door handle,” in line 10, the phrase “a vehicle door” should be changed to “the vehicle door,” in line 13, a comma should be inserted after the phrase “an inclined manner,” and in line 14, each instance of the phrase “the exposed surface” should be changed to “the exposed surface of the cover.”
In regards to claim 2, lines 4 and 5, each instance of the phrase “the exposed surface” should be changed to “the exposed surface of the second door handle.”
In regards to claim 3, line 3, the phrase “a rear end” should be changed to “the rear end portion.”
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 1-3 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.
In regards to claim 1, it is unclear how the door outer panel is part of the outside handle device, when it is understood from the specification that the outside handle device is mounted onto a vehicle door having the door outer panel. For examination purposes, the claim will be examined as drawn to the combination of the outside handle device and a vehicle door having the door outer panel. See claim objections above.
In regards to claim 2, lines 4 and 5, it is unclear to which exposed surface the phrases “a front end of the exposed surface” and “a rear end of the exposed surface” refers. It appears that these recitations of the exposed surface refer to the exposed surface of the second door handle, and will be examined as such. See claim objections above.
In regards to claim 2, it is unclear how the rear end of the exposed surface of the second door handle is connected to the front end of the exposed surface of the cover, when Figures 3-5 show a space between the rear end of the exposed surface of the second door handle and the front end of the exposed surface of the cover. For examination purposes, the claim will be examined as written.
In regards to claim 3, the relationship between the “rear end” of the elongated hole, as recited in claim 3, and the “rear end portion” of the elongated hole, as recited in claim 1, is unclear from the claim language. Based on the specification, it appears that the “rear end” of the elongated hole of claim 3 is equivalent to the “rear end portion” of the elongated hole of claim 1, and will be examined as such. See claim objections above.
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 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kakita (US Pub. No. 2024/0125164).
In regards to claim 1, Kakita discloses an outside handle device in combination with a vehicle door, the vehicle door comprising a door outer panel 3 having an elongated hole (opening for element 31 and extending into the space within component 13, Figure 3), a longitudinal direction of the elongated hole coinciding with a vehicle front-rear direction (Figures 1 and 3); the outside handle device comprising: a first door handle 31 (considered as a handle, since it can be manipulated by a user, Paragraph 67) of an electric opening and closing mechanism (Paragraph 67), the first door handle being disposed near the elongated hole on an inner surface side of the door outer panel (Figure 3); a second door handle 101 of a mechanical opening and closing mechanism (Paragraph 71), the second door handle being disposed inside the elongated hole (Figure 3); a mechanical key cylinder 19 disposed inside the elongated hole, the mechanical key cylinder being configured to unlock and lock the vehicle door (Paragraph 34); and a cover (portion of component 13 shown in Figure 12 below) that covers the mechanical key cylinder (covers at least in the directions shown in Figure 12 below), wherein: the mechanical key cylinder is disposed in a rear end portion of the elongated hole (see Figure 12 below); and an exposed surface of the cover is disposed in an inclined manner (see Figure 12 below), such that a front end of the exposed surface is positioned inward of a rear end of the exposed surface in a vehicle width direction (see Figure 12 below, with the surface being exposed because it is not within the confines of the body of component 13).
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In regards to claim 2, Kakita discloses that the second door handle is disposed forward of the mechanical key cylinder (the second door handle has at least a portion at the indicator line for reference character 101 in Figure 4 that is disposed forward of the mechanical key cylinder); an exposed surface of the second door handle is disposed in an inclined manner (see Figure 3 below, with the surface being exposed when the first door handle 31 is in the position in Figure 14), such that a front end of the exposed surface of the second door handle is positioned inward of a rear end of the exposed surface of the second door handle in the vehicle width direction (see Figure 3 below); and the rear end of the exposed surface of the second door handle is connected to the front end of the exposed surface of the cover (the rear end of the exposed surface of the second door handle is connected to the front end of the exposed surface of the cover via the connection of the second door handle to component 13, which includes the cover).
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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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The following rejections include an alternative interpretation of the Kakita reference.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kakita (US Pub. No. 2024/0125164) in view of Yamamura et al. (US Pub. No. 2025/0290357).
In regards to claim 1, Kakita discloses an outside handle device in combination with a vehicle door, the vehicle door comprising a door outer panel 3 having an elongated hole (opening for element 31 and extending into the space within component 13, Figure 3), a longitudinal direction of the elongated hole coinciding with a vehicle front-rear direction (Figures 1 and 3); the outside handle device comprising: a first door handle 31 (considered as a handle, since it can be manipulated by a user, Paragraph 67) of an electric opening and closing mechanism (Paragraph 67), the first door handle being disposed near the elongated hole on an inner surface side of the door outer panel (Figure 3); a second door handle 101 of a mechanical opening and closing mechanism (Paragraph 71), the second door handle being disposed inside the elongated hole (Figure 3); a mechanical key cylinder 19 disposed inside the elongated hole, the mechanical key cylinder being configured to unlock and lock the vehicle door (Paragraph 34); wherein: the mechanical key cylinder is disposed in a rear end portion of the elongated hole (see Figure 12 on Page 6 of the current Office Action). Kakita fails to disclose a cover that covers the mechanical key cylinder, with an exposed surface of the cover being disposed in an inclined manner, such that a front end of the exposed surface is positioned inward of a rear end of the exposed surface in a vehicle width direction. Yamamura et al. teaches an outside handle device including a cover 47 that covers a mechanical key cylinder (Figure 3), with an exposed surface of the cover being disposed in an inclined manner (the exposed surface including front face 47a and inclined periphery surfaces shown in Figure 7 below), such that a front end of the exposed surface (see Figure 7 below) is positioned inward of a rear end of the exposed surface in a vehicle with direction (see Figure 7 below and Figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include a cover to cover a face of the mechanical key cylinder that extends into opening 18 of Kakita, with reasonable expectation of success, such that the face of the mechanical key cylinder is protected when the first door handle 31 is in the position in Figure 14 of Kakita.
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In regards to claim 2, Kakita in view of Yamamura et al. teaches that the second door handle is disposed forward of the mechanical key cylinder (the second door handle has at least a portion at the indicator line for reference character 101 in Figure 4 that is disposed forward of the mechanical key cylinder of Kakita); an exposed surface of the second door handle is disposed in an inclined manner (see Figure 3 on Page 8 of the current Office Action, with the surface being exposed when the first door handle 31 is in the position in Figure 14 of Kakita), such that a front end of the exposed surface of the second door handle is positioned inward of a rear end of the exposed surface of the second door handle in the vehicle width direction (see Figure 3 of Kakita on Page 8 of the current Office Action); and the rear end of the exposed surface of the second door handle is connected to the front end of the exposed surface of the cover (the rear end of the exposed surface of the second door handle is connected to the front end of the exposed surface of the cover via the connection of the second door handle to component 13 on which the cover taught by Yamamura et al. would be located).
In regards to claim 3, Kakita in view of Yamamura et al. teaches that the cover has an insertion hole configured to allow the cover to be removed (see Figure 7 of Yamamura et al. on Page 11 of the current Office Action, with the hole being inserted into body 21 of the outside handle device and the hole providing the leg structures 47b and 47c by which the cover is allowed to be pivoted to a removed position in Figure 5); and the insertion hole is provided between a rear end of the cover (rear end at reference character 47s, Figure 7 of Yamamura et al.) and a rear end portion of an elongated hole of an door outer panel (as is known in the art, the handle 25 and the cover 47 of Yamamura et al. are located within an elongated hole of a door outer panel, see Figure 2 of Yamamura et al., and with the cover located on component 13 of Kakita to cover the face of the mechanical key cylinder, the insertion hole of Yamamura et al. would also be provided between the rear end of the cover and the rear end portion of the elongated hole).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSON MERLINO whose telephone number is (571)272-2219. The examiner can normally be reached Monday - Friday 7 AM to 3 PM.
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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 June 5, 2026
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