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 .
Response to Arguments
Applicant’s arguments, see the Interview Summary, filed January 16, 2026, with respect to the finality of unamended claim 23 have been fully considered and are persuasive. The rejections of claims 1-12 and 14-26 has been withdrawn.
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) 1-5, 9-12, 17-22 and 25-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Number 10,858,864 to Pfunder.
Pfunder disclose a lock (100), comprising a locking mechanism that has a latch (210) that is movable between a latched position, which is provided for securing a counter-piece (120, 420, 520) movable relative to the locking mechanism, and an unlatched position provided for releasing the counter-piece, and a blocking device (202, 220), the blocking device comprising a blocking element (202, 224) that is adjustable between a blocking position, in which the latch is blocked in its latched position, and a release position in which the latch (210) is movable into its unlatched position; and a reception unit (240) for receiving a release signal (column 5, lines 29-44) by which the adjustment of the blocking element (202, 224) into the release position can be brought about, wherein the latch is brought from the latched position into the unlatched position against a restoring force of a spring (201), wherein the spring is configured to apply a restoring force to the latch when in the unlatched position, such that the latch is brought back into the latched position by the spring (column 4, lines 1-13), wherein the blocking element is in direct engagement with the latch when the latch is in its latched position and blocked by the blocking element, wherein the blocking element is brought into direct engagement with the latch in order to block the latch in its latched position (column 4, lines 24-56), wherein when the latch is in the latched position and blocked by the blocking element, the latch is blocked from operation (column 4, lines 24-56), as in claim 1.
Pfunder also discloses the counter-piece is a closing hoop or a catch of a case lock (column 8, 27-51), as in claim 2, wherein the catch of a case lock, in each case are of an electric bicycle (the counter-piece is for bicycle; where it is taken the use of the lock is considered an intended use), as in claim 18. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).
Pfunder further discloses the blocking device (202, 220) comprises an actuator (232), for adjusting the blocking element (202, 224), as in claim 3, wherein the actuator is one of an electromechanical actuator and an electromagnetic actuator (column 5, lines 45-60), as in claim 19, and the reception unit is configured for a wireless signal reception (column 6, line 3-36), as in claim 4, wherein the reception unit comprises at least one of a Bluetooth module, an RFID module, and a WLAN module (column 6, line 3-36), as in claim 20, as well as the blocking device comprises an authentication module for authenticating a received release signal (column 5, lines 29-44), as in claim 5.
Pfunder additionally discloses in order to block the latch in the latched position, the blocking element (202, 224) can be brought into engagement with the locking mechanism (as shown in figure 1), as in claim 9, wherein the blocking element is brought into engagement with an actuation mechanism, a handle, a torque transmission element, and/or the latch (column 4, lines 14-36), as in claim 21, as well as an adjustment of the blocking element (202, 224) between the blocking position and the release position comprises a linear movement of the blocking element (figure 1; 292, 294), as in claim 10, and where the linear movement of the blocking element is brought about along a longitudinal axis of the blocking element (figure 1), as in claim 22.
Pfunder also discloses an adjustment of the blocking element (202, 224) between the blocking position and the release position comprises a rotational movement and/or a translational movement of the blocking element (movement best shown in figures 1 and 2), as in claim 11, and the latch (210) engages, in its latched position, into a recess of the energy store or of the counter-piece (122) as in claim 12, as well as where the latch directly engages the counter-piece and prevents movement of the counter-piece in the latched position (figure 1), as in claim 25.
Pfunder additionally discloses a locking system (100), comprising at least one lock (figure 4), the at least one lock comprising: a locking mechanism that has a latch (210) that is movable between a latched position, which is provided for securing a counter-piece (120, 420, 520) movable relative to the locking mechanism, and an unlatched position provided for releasing the counter-piece, and a blocking device (202, 220), the blocking device comprising a blocking element (202, 224) that is adjustable between a blocking position, in which the latch is blocked in its latched position, and a release position in which the latch (210) is movable into its unlatched position; and a reception unit (240) for receiving a release signal (column 5, lines 29-44) by which the adjustment of the blocking element (202, 224) into the release position can be brought about; an energy supply (243); and a central unit (240), wherein the latch is brought from the latched position into the unlatched position against a restoring force of a spring (201), wherein the spring is configured to apply a restoring force to the latch when in the unlatched position, such that the latch is brought back into the latched position by the spring (column 4, lines 1-13), wherein the blocking element is in engagement with the latch when the latch in its latched position and blocked by the blocking element, wherein the blocking element is brought into engagement with the latch in order to block the latch in its latched position (column 4, lines 24-56), as in claim 17.
Pfunder also discloses the latch directly engages the counter-piece and prevents movement of the counter-piece in the latched position (figure 1), as in claim 26.
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) 6-8, 14-16 and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pfunder, as applied above, in view of U.S. Patent Number 10,519,692 to Baird et al.
Pfunder further discloses a lock (100), comprising a locking mechanism that has a latch (210) that is movable between a latched position, which is provided for securing a counter-piece (120, 420, 520) movable relative to the locking mechanism, and an unlatched position provided for releasing the counter-piece, and a blocking device (202, 220), the blocking device comprising a blocking element (202, 224) that is adjustable between a blocking position, in which the latch is blocked in its latched position, and a release position in which the latch (210) is movable into its unlatched position; and a reception unit (240) for receiving a release signal (column 5, lines 29-44) by which the adjustment of the blocking element (202, 224) into the release position can be brought about, wherein the latch is brought from the latched position into the unlatched position against a restoring force of a spring (201), wherein the spring is configured to apply a restoring force to the latch when in the unlatched position, such that the latch is brought back into the latched position by the spring (column 4, lines 1-13), wherein the locking mechanism has an actuation mechanism (232); wherein the blocking element blocks latch movement in two directions when the blocking element is in engagement with the actuation mechanism of the locking mechanism (column 4, lines 24-56), as in claim 23. However, Pfunder does not disclose the actuation mechanism provides a manual movement of the latch into the unlatched position, the actuation mechanism comprising a handle and a torque transmission element for transmitting a torque from the handle to the latch by way of an eccentric element connected between the torque transmission element and the latch.
Baird et al. teach a lock (figure 1), comprising a locking mechanism that has a latch (5) that is movable between a latched position, which is provided for securing a counter-piece (figures 13-16) movable relative to the locking mechanism, and an unlatched position provided for releasing the counter-piece, and a blocking device (45), the blocking device comprising a blocking element (53) that is adjustable between a blocking position, in which the latch is blocked in its latched position, and a release position in which the latch (5) is movable into its unlatched position; and a reception unit (keyhole) for receiving a release signal (63) by which the adjustment of the blocking element (53) into the release position can be brought about, wherein the latch is brought from the latched position into the unlatched position against a restoring force of a spring (57), wherein the spring is configured to apply a restoring force to the latch when in the unlatched position, such that the latch is brought back into the latched position by the spring (tension springs bias the position of the latch into the position shown in figure 1), wherein the locking mechanism has an actuation mechanism (103, 103A) that provides a manual movement of the latch into the unlatched position, the actuation mechanism comprising a handle (103A) and a torque transmission element (130) for transmitting a torque from the handle to the latch by way of an eccentric element (101) connected between the torque transmission element and the latch; wherein the blocking element blocks latch movement in two directions when the blocking element is in engagement with the actuation mechanism of the locking mechanism (column 8, lines 11-32), as in claim 23, wherein when the blocking element is in engagement with the actuation mechanism, the blocking element engages the handle or the torque transmission element (indirect engagement between 53, 33 and 105), as in claim 24.
All of the component parts are known in Pfunder and Baird et al. The only difference is the combination of the “old elements” into a single device by mounting them on a single chassis. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a handle and a torque transmission element for transmitting a torque from the handle to the latch by way of an eccentric element connected between the torque transmission element and the latch as taught by Baird et al. onto the lock in Pfunder so that the actuation mechanism that provides a manual movement of the latch into the unlatched position, as in claim 6, wherein the actuation mechanism transmits a translatory actuation movement to the latch, as in claim 7, as well as the actuation mechanism a rotary actuation movement to the latch, as in claim 8, since additional actuation of the latch is in no way dependent on effectuation of the latch and blocking element, and the manual actuation mechanism could be used in combination with lock to achieve the predictable results of manually placing the latch into an unlatched position.
Pfunder discloses the invention substantially as claimed. However, Pfunder does not disclose an emergency release mechanism. Baird et al. teach of an apparatus has an emergency release mechanism (key lock) for unlocking the locking mechanism when the blocking element is in the blocking position (column 8, line 33-column 9, line 2), as in claim 14, wherein the emergency release mechanism comprises a lock cylinder (key lock; figure 12) for an unlocking of the locking mechanism by way of a key (63), as in claim 15, as well as the emergency release mechanism comprises a coupling device (35) that is connected between the blocking device (45) and the latch (5) and that allows a movement of the latch (5) when the emergency release mechanism (combination lock) is actuated and when the blocking element (53) is in the blocking position (figures 7-11), as in claim 16. All of the component parts are known in Pfunder and Baird et al. The only difference is the combination of the “old elements” into a single device by mounting them on a single chassis. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate an emergency release mechanism as taught by Baird et al. onto the lock in Pfunder, since an emergency auxiliary release mechanism is in no way dependent on the functionality of the lock, and the emergency release mechanism could be used in combination with lock to achieve the predictable results of placing the latch in an unlatched position when the electronic actuation mechanism fails.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to further show the state of the art with respect to spring actuated lock assemblies:
U.S. Patent Application Publication Number 2018/0362105 to Mori et al.; U.S. Patent Number 9,394,732 to Ahmad.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER J BOSWELL whose telephone number is (571)272-7054. The examiner can normally be reached M-R: 9-4; F 9-12.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton can be reached at 571-272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER J BOSWELL/ Primary Examiner, Art Unit 3675
CJB /cb/
February 24, 2026