Ex Parte MurrayDownload PDFPatent Trial and Appeal BoardMay 14, 201814247583 (P.T.A.B. May. 14, 2018) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE 14/247,583 04/08/2014 121691 7590 05/16/2018 Ford Global Technologies, LLC/ King & Schickli, PLLC 800 CORPORATE DRIVE, SUITE 200 Lexington, KY 40503 FIRST NAMED INVENTOR Andrew John Murray UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 83427977 7107 EXAMINER MILLS, CHRISTINE M ART UNIT PAPER NUMBER 3675 NOTIFICATION DATE DELIVERY MODE 05/16/2018 ELECTRONIC Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address( es): uspto@iplawl.net laura@iplawl.net PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte ANDREW JOHN MURRAY Appeal2017-008170 Application 14/24 7 ,583 1 Technology Center 3600 Before MICHAEL C. ASTORINO, AMEE A. SHAH, and MATTHEWS. MEYERS, Administrative Patent Judges. ASTORINO, Administrative Patent Judge. DECISION ON APPEAL Pursuant to 35 U.S.C. § 134(a), the Appellant appeals from the Examiner's decision rejecting claims 1, 5, 8, 10, 14, 15, and 17-19. Appeal Br. 5. We have jurisdiction over the appeal under 35 U.S.C. § 6(b ). We REVERSE and enter a NEW GROUND OF REJECTION pursuant to our authority under 37 C.F.R. § 41.50(b). 1 According to the Appellant, the real party in interest is Ford Global Technologies, LLC. Appeal Br. 3. Appeal2017-008170 Application 14/247,583 STATEMENT OF THE CASE Claimed Subject Matter Claim 1, reproduced below, is illustrative of the subject matter on appeal. 1. A handle assembly for opening and closing a vehicle door wherein the handle assembly comprises: a recess in an exterior surface of the vehicle door; a cover over the recess wherein the cover is coupled to the vehicle door and is moveable between an open position and a closed position, wherein the cover is actuated by a biasing mechanism; a seal between the exterior surface of the vehicle door and the cover; and a handle member coupled to the cover and retained in the recess when the cover is in the closed position and released from the recess when the cover is in the open position. Rejections Claims 1, 5, 8, 14, 15, and 17-19 stand rejected under 35 U.S.C. § 103 as unpatentable over Jurr (DE 19740827 Al, pub. March 18, 1999)2 and Vollmer et al. (DE 4305094 Cl, pub. June 1, 1994) (hereinafter "Vollmer"). Claim 10 stands rejected under 35 U.S.C. § 103 as unpatentable over Jurr, Vollmer, and Burch (US 6,582,006 B 1, iss. June 24, 2003). ANALYSIS At the outset, we note that the Appellant refers to a "translated copy" of Jurr. Appeal Br. 10 (citing Jurr 5), 13 (citing Jurr 2, 5). However, the 2 An English translation of Jurr's Abstract was submitted along with an Information Disclosure Statement, filed on Apr. 8, 2014, and is cited as part of the Jurr reference. 2 Appeal2017-008170 Application 14/247,583 record - prior to this Decision - only included a translation of Jurr' s Abstract (supra, n.2) and did not include a translated copy of the Jurr reference in its entirety. Similarly, the Examiner apparently quotes an English translation of the Vollmer reference (see Ans. 9-10), however the record - prior to this Decision - did not include a translated copy of the Vollmer reference. As such, we understand the Examiner's rejections to be based solely on Jurr's and Vollmer's drawings and a translation of Jurr's Abstract. Hence, the following analysis of the Examiner's rejections and Appellant's arguments are based solely on Jurr's and Vollmer's drawings and a translation of Jurr' s Abstract. Claims 1, 5, 8, 10, 14, 15, 17, and 18 The Appellant argues that Jurr fails to teach "a seal between the exterior surface of the vehicle door and the cover," as recited in claim 1. Appeal Br. 9. The Appellant contends that "Jurr expressly illustrates that the sealing element 24 is positioned within the door, so it cannot form a seal between 'the exterior surface of the vehicle door and the cover."' Id. at 10. The Appellant's argument is persuasive. The Examiner finds that Jurr teaches a handle assembly (Final Act. 3 (citing Jurr Figs. 1--4)) and that Jurr's sealing member 24 corresponds to the claimed "seal," the outer skin 22 of the vehicle door corresponds to the claimed "exterior surface of the vehicle door," and cover 14 corresponds to the claimed "cover" (see Final Act. 3; Jurr, Abstract (English Translation)). The Examiner explains that Jurr' s Figure 1 "clearly shows seal 24 ... in direct contact with both the outer door panel 22 (i.e., the exterior surface of 3 Appeal2017-008170 Application 14/247,583 the vehicle door) and the cover 14 both above and below the location of the cover in a closed position." Ans. 7. The Examiner, however, fails to explain how Jurr' s sealing member 24 is between the exterior surface of the vehicle door's outer skin 22 and cover 14. The relevant figure of Jurr with regard to the disputed limitation is Figure 1, which shows cover 14 in a closed position and sealing member 24 in contact with the interior surface of the vehicle door's outer skin 22 and the interior surface of cover 14. We determine that Figure 1 fails to adequately support a finding that sealing member 24 is between the exterior surface of the vehicle door's outer skin 22 and cover 14. See also Reply Br. 2 (The Appellant asserts that Jurr teaches "that the circumferential sealing element 24 seals the gap between the cover 14 and the outer skin 22, the sealing element is plainly positioned on the interior surface of the vehicle door and, therefore, cannot possib[]ly be 'between' the exterior surface of the vehicle door and the cover."). As such, the Examiner errs in finding that Jurr teaches "a seal between the exterior surface of the vehicle door and the cover," as recited in claim 1. Additionally, the Examiner does not rely on Vollmer to teach the disputed limitation. Ans. 7. For the foregoing reasons, we do not sustain the Examiner's rejection of claims 1, 5, 8, 10, 14, 15, 17, and 18 as unpatentable over Jurr and Vollmer. The Examiner's rejection of claim 10, based on Jurr and Vollmer in combination with Burch, relies on the same inadequately supported finding discussed above with regard to Jurr. The inadequately supported finding is not cured by the additional findings and/ or reasoning particular to the Examiner's rejection of claim 10. As such, we do not sustain the rejection of claim 10 as unpatentable over Jurr, Vollmer, and Burch. 4 Appeal2017-008170 Application 14/247,583 Claim 19 The Appellant relies on the arguments presented for the rejection of claim 1 for the rejection of claim 19. Appeal Br. 14. As discussed above, the Appellant argues that Jurr does not teach "a seal between the exterior surface of the vehicle door and the cover," which is recited in claim 1. Id. at 9. This argument is not persuasive because unlike claim 1, claim 19 does not call for a seal. See id. at 17, Claims App. As such, the Appellant's argument is not commensurate with the scope of claim 19. The Appellant also argues that Jurr does not teach "a recess in an exterior surface of the vehicle door," which is recited in claim 1. Id. at 9- 10; Reply Br. 1-2. This argument is not persuasive. Claim 19 does not recite "a recess in an exterior surface of the vehicle door." See Appeal Br. 17, Claims App. The relevant portion of claim 19 recites, "a recess in a vehicle door," which is a broader recitation than the recitation in claim 1. See id. As such, the Appellant's argument is not commensurate with the scope of claim 19. Further, the Appellant states that Jurr's "recess is admittedly on the interior ... of the vehicle door" (Reply Br. 2), which corresponds with claim 19's recitation, i.e., "a recess in a vehicle door." The Appellant argues the Examiner's statement for combining the teachings of Jurr and Vollmer "cannot qualify as an articulated reason because[,] at best, the statement simply makes [an] unfounded, conclusory statement about the potential result of the proposed combination." Appeal Br. 12 (emphasis omitted). The Appellant also argues that the proposed modification would change the principle of operation of Jurr. Appeal Br. 13. 5 Appeal2017-008170 Application 14/247,583 The Examiner's responses to the foregoing arguments rely in-part upon evidence not of record. See Ans. 7-10. For example, the Examiner references express statements of Vollmer: The Vollmer reference explicitly teaches 180 degree rotation of the door handle: "The handle (2), therefore, is out of its capping position of FIG. 3 in the direction of the double arrow (10) in its handle position of FIG. 5 and vice versa in accordance with the double arrow (10) back in its covered [position] maximum pivotable by 180." Ans. 9-10. As discussed above, the record - prior to this Decision - did not include a translated copy of the Vollmer reference. In this case, necessary findings pertinent to the issues presented on appeal cannot be determined because of the lack of complete English translations of the Jurr and Vollmer references. See In re Oetiker, 977 F.2d 1443, 1445 (Fed. Cir. 1992) ("After evidence or argument is submitted by the applicant in response, patentability is determined on the totality of the record, by a preponderance of evidence with due consideration to persuasiveness of argument."). Thus, we do not sustain the Examiner's rejection of claim 19 as unpatentable over Jurr and Vollmer. New Ground of Rejection for Claim 19 We reject claim 19 under 35 U.S.C. § 103 as unpatentable over Jurr and Vollmer, along with the complete English translations of Jurr and Vollmer references, which are attached to this Decision. 3 Due to the 3 The English translations of Jurr and Vollmer are provided by FLS, Inc., dated July 2017. See Notice of References Cited, PT0-892. 6 Appeal2017-008170 Application 14/247,583 addition of these translations, we offer the following as a new ground of rejection. Jurr's Figures 1--4 show door handle 10 moving from a closed rest position to a fully swiveled out-position (Jurr Translation 7: 11-17, 8:5---6, 9:20-21)4 so as to "open[] a motor vehicle door or rear hatch" (id. at 3:2-3). Jurr's door handle 10 includes cover 14, a recess in a vehicle door (space between the opening in vehicle door's outer skin 22 and intrusion protection 34), and a handle member (gripping element 12, gripping surface 16) coupled to cover 14 from the recess. See id. at 8:5-9:26. Additionally, Jurr shows in Figure 4, "grip element 12 in the fully swiveled-out position" and discloses that "[a] spring force provides for[] grip element 12 to swivel back again into its actuation position which is shown in Figure 3 after release." Id. at 9:20-9:23 (emphasis added). However, Jurr does not explicitly disclose that the spring force is from a biasing mechanism. Vollmer discloses a method of opening and closing a vehicle door, where a handle "is pivoted by means of a swiveling mechanism between a grip position and a cover position which is flush with the outside wall." Vollmer Translation 2:2---6. Vollmer teaches, among other things, that "the swiveling motion of the handle (2) takes place automatically after unlocking by the force of the spring (30)." Id. at 9:12-14. Spring 30 is a type of biasing mechanism, which applies a spring force in a controlled manner. 4 Because the pages of the Jurr translation are not numbered, we regard the page bearing the title (i.e., "Door handle") as the first page and the pages that follow as being numbered sequentially thereafter. 7 Appeal2017-008170 Application 14/247,583 It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jurr's door handle and its components to include a spring/biasing mechanism to apply a spring force, as taught by Vollmer, because using a spring/biasing mechanism applies a controlled spring force to open and close a door handle - and as such, a vehicle door or rear hatch - which is well known in the prior art and yields predictable results. DECISION We REVERSE the Examiner's decision rejecting claims 1, 5, 8, 10, 14, 15, and 17-19. We enter a NEW GROUND OF REJECTION of claim 19 under 35 U.S.C. § 103 as unpatentable over Jurr and Vollmer pursuant to our authority under 37 C.F.R. § 41.50(b). 37 C.F.R. § 41.50(b) provides "[a] new ground of rejection pursuant to this paragraph shall not be considered final for judicial review." 37 C.F.R. § 41.50(b) also provides that the Appellant, WITHIN TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of the following two options with respect to the new ground of rejection to avoid termination of the appeal as to the rejected claims: (1) Reopen prosecution. Submit an appropriate amendment of the claims so rejected or new evidence relating to the claims so rejected, or both, and have the matter reconsidered by the Examiner, in which event the proceeding will be remanded to the Examiner .... (2) Request rehearing. Request that the proceeding be reheard under § 41.52 by the Board upon the same record .... 8 Appeal2017-008170 Application 14/247,583 No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 1.136(a)(l )(iv). REVERSED; 37 C.F.R. § 41.50(b) 9 Application/Control No. Applicant(s)/Patent Under Patent Appeal No. 2017/008170 14/247,583 Notice of References Cited Judge Art Unit Michael Astorino Page 1 of 1 U.S. PATENT DOCUMENTS * Document Number Date Country Code-Number-Kind Code MM-YYYY Name Classification A US- B US- c US- D US- E US- F US- G US- H US- I US- J US- K US- L US- M US- FOREIGN PATENT DOCUMENTS * Document Number Date Country Code-Number-Kind Code MM-YYYY Country Name Classification N DE 19740827A1 (English 03-1999 DE JURR RICHARD E05B85/10 Translation 0 DE 4305094 C1 (English 06-1994 DE VOLLMER MELNRAD et al. E05B65/20 Translation p Q R s T NON-PATENT DOCUMENTS * Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages) u v w x *A copy of this reference is not being furnished with this Office action. (See MPEP § 707.05(a).) Dates in MM-YYYY format are publication dates. Classifications may be US or foreign. U.S. Patent and Trademark Office PT0-892 (Rev. 01-2001) Notice of References Cited Part of Paper No. 1 PTO 123174 DOOR HANDLE [Tuergriff] Richard Jurr CC=DE DATE=19990318 KIND=Al PN=19740827 UNITED STATES PATENT AND TRADEMARK OFFICE Washington, D.C. July 2017 Translated by: FLS, Inc. PUBLICATION COUNTRY DOCUMENT NUMBER DOCUMENT KIND PUBLICATION DATE APPLICATION NUMBER DATE OF FILING ADDITION TO INTERNATIONAL CLASSIFICATION PRIORITY PRIOR ART INVENTORS APPLICANT TITLE FOREIGN TITLE ( 19) DE (11) 19740827 ( 12) Al (46) 19990318 (21) 19740827 .3 (22) 19970917 (61) N/A (51) E05B 5/02; E05B 5/12; E05B 65/19; E05B 65/26 (30) N/A (56) 1. DE 195 46 559 Cl; 2. DE 44 31 111 C2; 3. DE 43 05 094 Cl; 4. DE 38 18 187 Cl; 5. DE 38 18 187 Cl; 6. DE 33 38 960 Cl; 7. DE 29 36 193 C2; 8. DE 28 54 423 C2; 9. DE 196 35 097 Al; 10. DE 42 39 166 Al; 11. DE 40 33 622 Al; 12. DE 39 15 736 Al; 13. DE 38 35 265 Al; 14. DE 37 00 135 Al; 15. DE 35 30 483 Al; 16. EP 03 98 106 A2; 17. EP 02 12 364 A2 (72) JURR, RICHARD (71) MANNESMANN VDO AG ( 5 4) DOOR HANDLE [ 54A] TUERGRIFF Specification /1* The invention relates to a door handle with a grip element for opening a motor vehicle door or rear hatch. These door handles are known in a host of versions. In addition to using grab handles and flap handles as grip elements in which the door lock can be unlocked and the motor vehicle door is opened, designs are known in which the grip element is composed of a stationary clip for opening the door and a lever element for unlocking the door lock. There are a host of other grip elements which cannot all be enumerated here. Regardless of the configuration of the grip element, they have the disadvantage that they are exposed to the environment. The problem is exacerbated by the car bodies which are increasingly optimized in an aerodynamic regard and in which the air flow which transports dirt and moisture is swirled by the handle depressions and in doing so dirt and moisture are deposited on the grip elements. In particular, after long highway driving in the winter the grip elements are fouled such that any contact with them inevitably leads to dirty fingers. The object of the invention is to devise a door handle which does not foul even in bad weather. The object is achieved as claimed in the invention by a door handle of the initially described type in which at least the gripping surface of the grip element in a rest position can be protected against dirt and moisture by a movable cover which in the protective position is bordered by the outer skin of the door, the gap between the cover and the outer skin of the door being closed by a sealing element. In conjunction with the sealing element, the cover keeps dirt and * Numbers in the margin indicate pagination in the foreign text. moisture away from the gripping surface of the grip element so that under all circumstances the surface remains clean and dry and cannot be heated up by the sun; this leads to a more pleasant gripping sensation during activation. Another advantage of the door handle as claimed in the invention is that the cover in the closed state prevents access to the grip element. It is impossible for thieves to tear open the door and steal articles lying on the passenger's seat when stopped at a traffic light. The cover also forms a further detail in the optimization of the aerodynamics of a vehicle body since in the region of the door handle very little air swirling can occur and thus noise emissions are effectively reduced. The door handle as claimed in the invention can be structurally configured in a different way. In a first embodiment of the door handle it is provided that the rear side of the grip element which lies opposite the gripping surface is made as a cover and the grip element can be swung out of the rest position into the actuation position in which the gripping surface is accessible for opening the door. This door handle is made similarly to the known flap handles, however the outside of the handle which forms the cover here closes the handle depression in the rest position. To swing out the grip element there is preferably a swiveling drive element with two drivers which encompass a twist clip of the grip element with play, when the drive element is being pivoted in one direction the first driver entraining the grip element via the twist clip into the actuation position and then when the drive element is being pivoted in the other direction the second driver entraining the grip element with the cover into its protected rest position. Such a drive element can be easily actuated mechanically or using a motor. The play between the two drivers makes it possible to pull the grip element farther to the outside in the actuation position for unlocking and opening the door without the drive element being entrained thereby. Another embodiment of the door handle as claimed in the invention provides for the grip element and the cover to be pivoted on a common axle and to be able to swing from the rest position by roughly 180° into an actuation position in which the grip element for opening the door is accessible. In this embodiment, the swiveling axle is between the grip element and cover. The sequence of movements for opening the cover in this embodiment is very simple and can be accomplished with a very simple design. In another embodiment of the door handle as claimed in the invention, the cover is made independent of the grip element and can be moved out of its position which protects the grip element using a suitable drive. Such a configuration of the cover is structurally somewhat more complex, but allows broader configuration latitude. The cover can for example be tilted away like a gas tank flap, but embodiments are also conceivable in which the cover can be swiveled away or pushed away. After opening, the cover can rest in the door or outside the outer skin of the door. In order to have better access to the grip element after opening the cover, in one preferred development of the embodiment with an independent cover it is provided that the grip element can be swung out after the cover is opened. To improve the initially mentioned protection against unauthorized access, for example when stopped at traffic light, the cover is preferably locked in its protective position. The locking of the cover can be effected by the use of a self-locking drive for the cover or separate latching or locking elements can be provided. The driving of the cover and optionally of the grip element can mechanically take place manually by actuating the locking cylinder of the door lock or by one or more motors. The motors can be triggered via the locking cylinder or an infrared remote control. In another preferred configuration of the invention it is provided that the cover opens in power failure, when a delay switch responds, or when an unlocking button is activated. This measure ensures that even in emergencies the vehicle is accessible from the outside in order to be able to rescue passengers after an accident or in spite of a dead battery to be able to open the vehicle doors. It is especially appropriate to keep the cover closed in the protective position against the force of storage energy. This storage energy which is applied for example by the reset force of a tensioned spring allows opening of the cover independently of existing current. Preferably the cover is held in the closed position by an electromagnetic force against the reset force of the spring. The current flow which generates the electromagnetic force can be easily interrupted by the operation of the delay switch or by the manual activation of the unlocking button so that the spring can easily open the cover. Regardless of the special embodiment chosen at the time, it is /2 appropriate to provide an intrusion safeguard which prevents intrusion into the door cavity. For production reasons, it is advantageous to premount a door handle as claimed in the invention jointly with the cover and optionally a door lock to form a module which can be mounted in an opening in the outer skin of the door. In this way, the installation effort can be greatly reduced in the final mounting of the vehicle door; this entails a reduction of production costs. Exemplary embodiments of the invention are detailed below using the attached drawings. Figure 1 shows the door handle in the protected rest position; Figure 2 shows the door handle as shown in Figure 1 at the start of the swinging-out process; Figure 3 shows the door handle as shown in Figure 1 in the swung- out actuation position; Figure 4 shows the door handle as shown in Figures 1-3 in the fully swung-out position for unlocking of the door; Figure 5 shows another embodiment of a door handle with a pivoted cover in the closed position; Figure 6 shows the door handle as shown in Figure 5 during the swiveling process; Figure 7 shows the door handle as shown in Figures 5 and 6 in the actuation position; Figure 8 shows the door handle as shown in Figures 5-7 in the unlocking position; Figure 9 shows another embodiment of a door handle in the closed rest position; Figure 10 shows the door handle as shown in Figure 9 in the actuation position; Figure 11 shows the door handle as shown in Figures 9 and 10 in the unlocking position. Figure 1 shows a schematic cross section of a door handle 10 in the closed rest position. The door handle 10 consists of a grip element 12 which is made as a cover 14 toward the outside and which towards the inside of the door has a gripping surface 16. The grip element 12 is suspended on a twist clip 18 which can be pivoted around an axle 20. In the closed rest position the cover 14 is bordered flush by the outer skin 22 of the door, a peripheral sealing element 24 sealing the gap between the cover 14 and the outer skin 22 of the door so that in the closed rest position neither dirt nor moisture can penetrate the handle depression with the gripping surface 16. To drive the grip element 12 there is a drive element 26 which sits on a drive axle 28. The drive axle 28 can be rotated either manually by actuating the locking cylinder of the door lock (not shown) or by a motor (likewise not shown). The drive element 26 has a triangular cross section. In the region of one corner the drive element 26 is connected in a torsionally stiff manner to the drive axle 28, while on its other two corners it has a tension bolt 30 or a thrust bolt 32. The twist clip 18 of the grip element 12 runs between the two bolts 30, 32, the bolts 30, 32 encompassing the clip 18 with play. The intrusion protection 34 seals the grip element 12 towards the interior of the door. The cover 14 which is flush with the outer skin 22 of the door and the sealing element 24 protect the gripping surface 16 against dirt and moisture in the rest position which is shown in Figure 1. Since in this position there can be no access to the gripping surface 16, at the same time there is protection against thieves tearing open the doors when stopped at traffic lights and being able to threaten the vehicle passengers. The tension bolt 30 which retracts the grip element 12 into its rest position at the same time forms an interlock of the grip element 12 in the illustrated rest position. Figure 2 shows the door handle 10 at the start of the process of swinging-out of the grip element 12. The drive element 26 in this figure has already been pivoted so far that the thrust bolt 32 adjoins the twist clip 18. As the drive element 26 continues to pivot, the thrust bolt entrains the twist clip 18 so that the grip element 12 is swiveled into the actuation position which is shown in Figure 3. In this position the drive element 26 reaches its end position. In the actuation position the grip element 12 can be easily supported and can be swiveled further upward to unlock and open the door via the gripping surface 16. The additional pivot range of the grip element is enabled by the play between the thrust bolt 32 and the tension bolt 30. Figure 4 shows the grip element 12 in the fully swiveled-out position. A spring force provides for the grip element 12 to swivel back again into its actuation position which is shown in Figure 3 after release. By swiveling the drive element 26 back into its position which s shown in Figure 1, the tension bolt 30 entrains the twist clip 18 so that the grip element is again bordered flush by the outer skin 22 of the door. Figures 5 to 8 show another embodiment of a door handle 40. In contrast to the door handle 10 as shown in Figures 1 to 4, the door handle 40 has a cover 44 which is structurally separated from the grip element 42. The grip element 42 and the cover 44 are pivoted around a common axle 46 so that the door handle 40 can be swiveled out of the closed position of the cover 44 shown in Figure 5 via the intermediate position as shown in Figure 6 into the actuation position as shown in Figure 7, in which the grip element 42 is accessible from the outside. The grip element 42 can be swiveled out of the actuation position as shown in Figure 7 into the unlocking position which is shown in Figure 8. In this example the cover 44 remains at the same place when the grip element 42 is pivoting from the actuation position into the unlocking position. A sealing element which may be present between the cover 44 and the outer skin of the door and an intrusion safeguard which can preferably be provided are not shown in Figures 5-8, for the sake of simplicity. The door handle 40 offers the structural advantage that with very simple effort it offers reliable protection of the entire grip element 42 against dirt and moisture. Figures 9 to 11 show another embodiment of a door handle 50. Figure 9 shows the door handle 50 in the closed rest position, Figure 10 in the actuation position and Figure 11 in the unlocking position. The door handle 50 is made independent of a cover 52 which in the position shown in Figure 9 tightly seals an opening 54 in the outer skin 56 of the door. The door handle 50 consists of a grip element 58 which is pivotally coupled on one end of a lever element 60 which can be rotated around a fixed drive axle 62. The sealing element and the intrusion safeguard are not shown, for the sake of simplicity. To swing out the grip element 58, first the cover 52 is swiveled away from the opening 54. The cover 52 can be guided by the most varied mechanisms which are not to be detailed here. In the approach chosen for the cover 52 it is first lowered into the door interior and then pushed up to behind the outer skin 56 of the door. Sliding down or to the side is also possible and in addition offers the advantage of dirty water not being able to drip onto the grip element 58 when the cover 52 is wet or covered with ice. After the opening 54 is cleared, the lever element 60 swings to the outside around the drive axle 62 so that the grip element 58 is pivoted into the actuating position which is shown in Figure 10. In this position, it can be swung up into the unlocking position which is shown in Figure 11 by pulling up, the lever element 60 remaining in an unchanging position. It is fundamentally also conceivable to make the grip element 58 stationary, but then the opening 54 must be large enough to enable unobstructed access to the grip element 58 when the cover 52 has been swung away. Instead of the suspended arrangement of the door handle 50 which is shown in Figures 9 to 11, an upright arrangement is also possible. In the initial part of the description the preferably existing capacity of the cover to fly open immediately in emergencies was addressed. In normal operation, it is provided that the opening of the cover takes place by turning the locking cylinder, by actuating the infrared remote control or on the signal of a proximity sensor. The cover can be closed automatically by turning the locking cylinder in /3 the opposite direction, by actuating the infrared remote control, or after a certain time delay. A good-weather circuit for avoiding unnecessary swinging of the cover in and out can additionally be provided, the circuit state being produced by remote control, the locking cylinder or other vehicle switches. For reasons of manufacture, it is advantageous to integrate the door handle and the cover with their optionally present separate swinging mechanism in a module which is provided with one or more motors and which can be mounted directly in a door opening. Claims 1. A door handle with a grip element (12; 42; 58) for opening a motor vehicle door or rear hatch, characterized in that at least the gripping surface (16) of the grip element (12; 42; 58) in a rest position can be protected against dirt and moisture by a movable cover (14; 44; 52) which in the protective position is bordered by the outer skin (22; 56) of the door, the gap between the cover (14; 44; 52) and the outer skin (22; 56) of the door being closed by a sealing element ( 24) . 2. The door handle as claimed in Claim 1, characterized in that the rear side of the grip element (12) which lies opposite the gripping surface (16) is made as a cover (14) and the grip element (12) can be swung out of the rest position into the actuation position in which the gripping surface (16) is accessible for opening the door. 3. The door handle as claimed in Claim 2, characterized in that there is preferably a swiveling drive element (26) with two drivers (30, 32) which encompass a twist clip (18) of the grip element (12) with play, when the drive element (26) is being pivoted in one direction the first driver (32) entraining the grip element (12) via the twist clip (18) into the actuation position and the when the drive element (26) is being pivoted in the other direction the second driver (30) entraining the grip element (12) with the cover (14) into its protected rest position. 4. The door handle as claimed in Claim 1, characterized in that the grip element (42) and the cover (44) are pivoted around a common axle (46) and can be swung from the rest position by roughly 180° into an actuation position in which the grip element (42) for opening the door is accessible. 5. The door handle as claimed in Claim 1, characterized in that the cover (52) is made independent of the grip element (58) and can be moved out of its position which protects the grip element (58) using a suitable drive. 6. The door handle as claimed in Claim 5, characterized in that the grip element (58) can be swung out after opening of the cover (52) to improve accessibility. 7. The door handle as claimed in one of the preceding claims, characterized in that the cover (14; 44; 52) is locked in its protective position. 8. The door handle as claimed in Claim 7, characterized in that drive of the cover (14; 44; 52) is self-locking. 9. The door handle as claimed in one of the preceding claims, characterized in that the cover (14; 44; 52) and/or the grip element (12; 42; 58) can be moved manually between their positions by actuating the locking cylinder of the door lock. 10. The door handle as claimed in one of the preceding claims, characterized in that the cover (14; 44; 52) and/or the grip element (12; 42; 58) are driven by one motor. 11. The door handle as claimed in one of the preceding claims, characterized in that the cover (14; 44; 52) opens in a power failure, when a delay switch operates, or when an unlocking button is actuated. 12. The door handle as claimed in one of the preceding claims, characterized in that the cover (14; 44; 52) is closed in the protective position against the force of storage energy. 13. The door handle as claimed in Claim 12, characterized in that an electromagnetic force holds the cover (14; 44; 52) in the closed position against the reset force of a spring. 14. The door handle as claimed in one of the preceding claims, characterized in that there is an intrusion safeguard (34) which prevents intrusion into the door cavity. 15. The door handle as claimed in one of the preceding claims, characterized in that it is premounted jointly with the cover and optionally the door lock to form a module which can be mounted in an opening (54) in the outer skin (56) of the door. 3 pages of drawings attached /4 l>I .,:.~ ~.?; ::: /1). t~~'. ~!1 : : /5 .. E.s.'--~--- r··--··1 ; L~~--J /6 PTO 123291 CC=DE DATE=19940601 KIND=Cl PN=4305094 MOVABLE BODY PART OF A MOTOR VEHICLE [Bewegliche Karosserieteil eines Kraftfahrzeug] Melnrad Vollmar, et al. UNITED STATES PATENT AND TRADEMARK OFFICE Washington, D.C. July 2017 Translated by: FLS, Inc. PUBLICATION COUNTRY ( 19) DE DOCUMENT NUMBER ( 11) 4305094 DOCUMENT KIND ( 12) Cl PUBLICATION DATE ( 4 6) 19940601 APPLICATION NUMBER ( 21) P4305094.8-31 DATE OF FILING ( 22) 19930219 ADDITION TO (61) N/A INTERNATIONAL CLASSIFICATION (51) E05B 65/20; B60J 6/00; B62D 25/12 PRIORITY (30) N/A PRIOR ART (56) 1. DE-PS 2936193 2. DE-PS 2854423 3. DE 3333254 Al INVENTORS (72) VOLLMAR, MELNRAD; DIETRICH, FRANK APPLICANT (71) MERCEDES-BENZ AKTIENGESELLSCHAFT DESIGNATED CONTRACTING STATES (81) N/A TITLE FOREIGN TITLE (54) MOVABLE BODY PART OF A MOTOR VEHICLE [54A]BEWEGLICHE KAROSSERIETEIL EINES KRAFTFAHRZEUG 1 Description The invention relates to a movable body part of a motor vehicle, in particular a side door or rear hatch, with a handle which is provided in the region of the outside wall of the body part and which is pivoted by means of a swiveling mechanism between a grip position and a cover position which is flush with the outside wall and has means for locking the handle in the grip and in the cover position, for swiveling and locking of the handle at least one transmission element which is dynamically connected to the swiveling mechanism and means for locking the handle being connected torsionally strong and coaxially to a blocking element of a lock which is located on the outside wall, which element can be swiveled around a swiveling axis which is roughly perpendicular to the outside wall. DE-PS 2854423 discloses pivoting a handle for a rear hatch of a passenger car in the region of the outside wall of the rear hatch such that in one handle position it has a grip section which projects to the outside and in a cover position a smooth surface which is flush with the outside wall. The handle is provided with two stops which depending on the corresponding end position of the handle become dynamically connected to a locking apparatus. The swivelling mechanism for the handle is a spring-actuated piston rod which is actuated by a spring loaded momentary-contact actuator. This actuator touches a vehicle- mounted body part in the closed position of the rear hatch. When the rear hatch is being opened the momentary-contact actuator swivels by spring force and thus acts on the piston rod which initiates the swivelling motion of the handle. * Numbers in the margin indicate pagination in the original text. 2 /1* DE-PS 2936193 also discloses the pivoting of such a handle on the trunk lid by 180° and the use of a pole-changing electric motor as a swivel drive which acts on the handle via a worm and a pinion with the interposition of a hinge. The electric motor is turned on by pressing the locking cylinder which locks the trunk lid. The handle is locked in its two end positions via the self-locking action of the worm. DE-OS 3333254 discloses a device for opening and closing a motor vehicle door on whose outside there is a door handle in a handle depression. The door handle can be sunk flush with its outer contour in the outer contour of the vehicle door, for which there is a device which draws the door handle into its closed position on the one hand and keeps it in this closed position on the other. The object of the invention is to devise a movable body part of the initially named type in which coupled swiveling and locking of the handle are possible using simple means. This object is achieved in that the transmission element for the locking means is a cam disk which is in contact with a rocking lever mechanism, the rocking lever mechanism having a pivoted lever which can be pretensioned by a spring in one direction of rotation and which is connected torsionally strong to the handle. With the turning of the blocking element, for example of a locking cylinder, therefore by at least one transmission element both the locking means and also the swiveling mechanism are coupled to the blocking motion and initiate a corresponding swiveling and/or locking of the handle. Moreover, only a small installation space is necessary due to the arrangement of a common swiveling axis. Moreover, the design as claimed in the invention is a purely mechanical concept which omits 3 external energy sources. This cam disk enables relatively precise transmission of motion and thus reliable locking. The pivoted lever which is pretensioned in one direction of rotation easily supports or undertakes the swiveling of the handle back into the other direction of rotation so that for this purpose, depending on the design of the spring, only small blocking forces need be applied to the blocking element. With simple means this yields reliable swiveling of the handle. In another configuration of the invention the handle is embedded in a semicylindrical shell which is let into the outside wall and on the two ends has two coaxial shaft extensions which are pivoted in the opposite side walls of the shell. This measure seals the pivotable handle towards the inside of the body part so that in the region of the handle neither water nor moisture can travel into the body part. This also prevents in particular corrosion of the swiveling mechanism and of the locking means. In another configuration of the invention at least one shaft extension is provided with a damping element which damps the swiveling motion of the handle. In this way, the swiveling motion of the handle takes place uniformly so that loud striking noises in the region of the end positions are also prevented. Other advantages and features of the invention will become apparent from the dependent claims and from the following description of one exemplary embodiment of the invention which is shown in the drawings. Figure 1 shows a perspective view of one part of the rear hatch of a passenger car in the region of one version of a swiveling handle as 4 claimed in the invention, the handle being located in a cover position which is flush with the outside wall of the rear hatch, Figure 2 shows a representation of the rear hatch as shown in Figure 1, in which the handle however has been moved into its grip position swiveled by 180°, Figure 3 shows a cross section through the arrangement as shown in Figures 1 and 2, the handle being in its cover position as shown in Figure 1, Figure 4 shows a section according to Figure 3 in which the handle is in a swivel position which is located between the grip position and the cover position, Figure 5 shows another section as shown in Figures 3 and 4, in which the handle is in the grip position, Figure 6 shows a plan view of the inside of the outside wall of the rear hatch in the region of a lock which effects the swiveling of the handle and from which the transmission of the blocking motion of a locking cylinder of the lock to a locking mechanism for the handle is apparent, Figure 7 shows a perspective of one part of the locking mechanism in the region of a rocking lever which is rigidly connected to a shaft extension of the handle and which is provided with a torque brake which contains a damping means for damping of the swiveling motion of the handle, and Figure 8 shows a perspective of the swiveling mechanism for /2 the handle which likewise is located on the inside of the outside wall of the rear hatch, but on the opposite side, and has a rack which meshes with a pinion. 5 A rear hatch as shown in Figures 1 and 2 has a handle (2) for opening and closing the rear hatch, which handle is located in the region of the outside wall (1) of the rear hatch. The handle (2) is located on the outside wall (1) with the capacity to swivel around a swiveling axis (6) which is parallel to the outside wall. On one side the handle (2) has a smooth rectangular cover surface (2a) and on its opposite side a grip side which is provided with a hand-grip (2b) . The handle (2) is supported in the outside wall (1) such that in a cover position (Figures 1 and 3) the smooth cover surface is flush with the outside wall (1) of the rear hatch. In one handle position (Figures 2 and 5) the handle (2) is swiveled by 180° so that the hand-grip (2b) projects to the outside from the outside wall (1). In the region of the opening of the outside wall (1) in which the handle (2) is inserted, the outside wall (1) in the form of a semicylindrical shell (7) (Figures 3 to 5, Figures 7 and 8) which is inlet into the outside wall (1) is recessed. The jacket surface of the shell (7) is coaxial to the swiveling axis (6). The handle (2) is pivoted in the two opposite semicircular side walls of the shell (7) by means of two shaft extensions (8). The two shaft extensions (8) are coaxial to the swiveling axis (6) and each project through the side wall of the shell (7) toward the inside of the outside wall (1). Therefore, this inner side is also sealed in the region of the opening of the outside wall (1) for the handle (2) to the outside by the shell (7) so that water which could lead to corrosion cannot travel to the inside. The handle (2) can therefore by swiveled by a maximum 180° out of its cover position as shown in Figure 3 in the direction of the double arrow (10) into its grip position as shown in Figure 5 and conversely according to 6 the double arrow (10) back into its cover position. In order to be able to carry out this limited swiveling motion and to lock the handle (2) in the cover position and in the grip position, in the exemplary embodiment there is the following described apparatus. Laterally next to the handle (2) in an opening of the outside wall (1) there is a lock (3) which contains a locking cylinder (4). The locking cylinder (4) can be swiveled by means of a key (5) around a swiveling axis (9) (Figure 6) in the direction of the double arrow (12), the swiveling axis (9) being perpendicular to the outside wall (1). The locking cylinder (4) projects through the outside wall (1) toward its inner side. On this inner side a cam disk (11) and a transmission lever (13) are connected torsionally strong to a locking cylinder (4) so that both the cam disk (11) and also the actuating lever (13) also go through each swiveling movement of the locking cylinder (4). In doing so the cam disk (11) is used to transfer the blocking motion of the locking cylinder (4) to a locking mechanism for the locking of the handle (2) in its two end positions. The transmission lever (13) is used to transfer the blocking motion of the locking cylinder (4) to a swiveling mechanism for swiveling of the handle (2) around the swiveling axis (6). Both the locking of the handle (2) in its two end positions and also the swiveling of the handle (2) are therefore coupled to the blocking motion of the locking cylinder (4) and thus of the key (5). The essentially circular cam disk (11) on its periphery at a distance to one another has two recesses (35a and 35b) which are configured differently. The cam disk (11) thus has an asymmetrical profile. For transfer of motion however only the cam-like region of the 7 cam disk (11) which lies between the recesses (35a, 35b) is used. The position as shown in Figure 6 constitutes a locked end position. Cancellation of the locking is therefore only possible by a rotation of the locking cylinder (4) clockwise (Figure 6) so that the somewhat larger recess (35a) allows a certain play when the locking cylinder (4) is being blocked. In the recess (35a) a control projection (31b) of an actuating lever (31) which is pivoted around an axle (33) on the inside of the outside wall (1) makes contact. To axially secure the actuating lever (31) a snap ring (34) is used. The actuating lever (31) can thus be swiveled in the direction of the double arrow (32). On its side, which is opposite with respect to the axis (33) of the control projection (31b), the actuating lever (31) has another control projection (31a) which is in contact with a stop (25). The stop (25) is fixed on a push bar (16) which is supported to be able to move in the direction of the double arrow (17) perpendicular to the swiveling axis (6) on the inside of the outside wall (1). The push bar (16) is plate- shaped and can be moved by means of two slideways (20 and 21) parallel to the inside of the outside wall (1). The slideways (20 and 21) are each fixed by means of fasteners (22), for example screws, on the inside of the outside wall (1). On the slideway (20) there is a bearing element (23) for mounting a tension spring (24) whose other end is fixed on the push bar (16). In this way, the stop (25) is always drawn against the control projection (33a) so that at the same time the control projection (31b) is always in contact with the cam disk (11) On the push bar (16) there are two locking hooks (18 and 19) at a distance from one another which project perpendicularly up from the push bar (16) and each have one catch projection. The two catch 8 projections of the two locking hooks (18 and 19) point in the same direction, in the version as shown in Figure 6 in the direction of the slideway (20). The catch projection of the locking hook (19) in the position as shown in Figure 6 positively overlaps a pin of the pivoted lever (26), which pin is parallel to the swiveling axis (6), and which lever is fixed torsionally strong on the shaft extension (8) of the handle (2). The pivoted lever (26) and thus the shaft extension (8) are subject to a force by a spring (30) in one direction of rotation so that the swiveling motion of the pivoted lever (26) out of the position shown in Figure 6 into the opposite end position can take place only against the force of the spring (30). Conversely the swiveling motion of the handle (2) takes place automatically after unlocking by the force of the spring (30). To damp the swiveling motion of the pivoted lever (26), there is a torque brake (28) which by means of fasteners (29) is fixed on the pivoted lever (26). The torque brake (28) has a pinion (37) which is supported in a housing of the torque brake (28), which housing is provided with a damping liquid. This pinion (37) meshes with internal toothing of a semicircular ring gear (27) which on the side wall of the shell (7) is located on the side facing away from the handle (2). In this way, the swiveling motion of the pivoted lever (26) in the direction of the double arrow (36) is damped so that hard striking of the pivoted lever (26) due to uncontrolled swiveling speeds can be avoided. With the blocking of the locking cylinder (4) the handle (2) is swiveled around its swiveling axis (6). For this purpose, a coupling 9 /3 rod (14) is hinged on the transmission lever (13). The opposite end of the connecting rod (14) is hinged to a L-shaped deflection lever (42) which is pivoted in a bushing (48) by means of a pin (47). The bushing (48) is fixed by means of a base (43) and fasteners (44) on the inside of the outside wall (1). On its other lever arm the deflection lever (42) is hinged to a rack (41) by means of a hinge pin (45) and a corresponding bearing bushing (46). The bearing bushing (46) is rigidly fixed on the rack (41). The bearing bushing (41) [sic] is guided to be able to move linearly in a slideway (49). The slideway (49) is fixed on a fastening angle (38) which in turn for its part on the one hand is fixed on the side wall of the shell (7) and on the other on the inside of the outside wall (1) by means of fasteners (39). The fastening angle (38) and thus also the rack (41) are located on the opposite side of the locking cylinder (4), relative to the shell (7). On the shaft extension (8) which projects through the side wall of the shell (7) a pinion (40) is fixed which meshes with teeth of the rack (41). The swiveling motion of the transmission lever (13) is converted first into a linear motion of the rack (41) and then into the swiveling motion of the handle (2) by the above described arrangement. By means of the cam disk (11), depending on the position of the handle (2), moreover the locking mechanism (Figure 6) is actuated so that with the blocking of the locking cylinder (4) both the swiveling of the handle (2) and also its locking in the two end positions are effected. In one version of the invention which is not shown, the swiveling motion is triggered by a transmission element which is connected to the central locking system of the passenger car and which is connected, coaxially to the locking cylinder, torsionally strong to the latter. In 10 this way, direct blocking of the lock from the outside or indirectly a blocking from the inside by the central locking system is possible. 11 Claims 1. A movable body part of a motor vehicle, in particular a side door or rear hatch, with a handle which is provided in the region of the outside wall of the body part and which is pivoted by means of a swiveling mechanism between a grip position and a cover position which is flush with the outside wall and has means for locking the handle in the grip and in the cover position, for swiveling and locking of the handle at least one transmission element which is dynamically connected to the swiveling mechanism and to the means for locking of the handle being connected torsionally strong and coaxially to a blocking element of a lock which is located on the outside wall, which element can be swiveled around a swiveling axis which is roughly perpendicular to the outside wall, characterized in that the transmission element for the locking means is a cam disk (11) which is in contact with a rocking lever mechanism (31, 16, 18, 19, 26), the rocking lever mechanism having a pivoted lever (26) which can be pretensioned by a spring (30) in one direction of rotation and which is connected torsionally strong to the handle (2) . 2. The movable body part as claimed in Claim 1, characterized in that the transmission element for the swiveling mechanism is a lever bar (13, 14). 3. The movable body part as claimed in Claim 1 or 2, characterized in that there is a stop lever arrangement (16, 18, 19, 26) as means for locking the handle (2). 4. The movable body part as claimed in Claim 1 or 2, characterized in that the swiveling mechanism is a rack and pinion drive (41, 40) 5. The movable body part as claimed in one of the preceding 12 claims, characterized in that the handle is embedded in a semicylindrical shell (7) which is let into the outside wall (1) and on the two ends has two coaxial shaft extensions (8) which are pivoted in the opposite side walls of the shell (7). 6. The movable body part as claimed in Claim 5, characterized in that at least one shaft extension (8) is provided with a damping element (28) which damps the swivelling motion of the handle (2). 5 pages of drawings attached 13 1 .~ .2/..) f f f ~· -:_. l I f 14 /5 15 /6 16 /7 Fig .. 7 ;.. 17 /8 18 Copy with citationCopy as parenthetical citation