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 .
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.
Claim 29 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 29 depends on cancelled claim 24. Examiner will interpret the claim to be dependent on claim 20.
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) 1-3, 5-6, 8-19, 28-29, 35, 37, and 39 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20180148958 to Liu.
Regarding claim 1, Liu discloses:
A latch (fig 1) configured to fix a panel (10) relative to a frame (20), the latch comprising: a housing (110, 150) configured for engagement to the panel, the housing defining an aperture (116) extending along a longitudinal axis (fig 3a), and the housing further defining a cam surface (150) facing in a direction along the longitudinal axis; a shaft (130) extending within the aperture of the housing and along the longitudinal axis (fig 6c), the shaft being mounted for at least one of rotational movement relative to the housing about the longitudinal axis and axial movement relative to the housing along the longitudinal axis (see motion between figs 6c and 7c); a barrier wall (160) mounted for axial movement relative to the housing along the longitudinal axis (160 moves axially as it rotates, see paragraph 0059), the barrier wall at least partially overlapping with the housing along the longitudinal axis (fig 2); and a shaft surface (outer surface of 130) extending radially outwardly from the shaft relative to the longitudinal axis, the shaft surface contacting the cam surface defined by the housing (see fig 2 and paragraph 0055), the shaft being configured to be coupled to a pawl (180) for engagement of the frame; wherein the cam surface defined by the housing is configured to guide the movement of the shaft relative to the housing along the longitudinal axis or about the longitudinal axis as the shaft is moved within the aperture defined by the housing along the longitudinal axis or about the longitudinal axis and as the shaft surface of the shaft and the cam surface of the housing move relative to one another, such that the pawl can engage or disengage the frame (see movement between figs (6a-8c); wherein the barrier wall and the housing move relative to one another along the longitudinal axis in a range of relative positions and the barrier wall and housing together inhibit the ingress of unwanted materials into the aperture of the housing throughout the range of relative positions(paragraph 0055 and figs 6-8); and wherein the cam surface of the housinq comprises a plurality of sections (154a, 154b, opening of 154b seen in fig 2a), each section beinq configured to guide the movement of the shaft between a latched position (fig 6a) and an unlatched position (fig 68a), the plurality of sections comprising a ramp section (opening of 154b), an indentation section (154b), a plateau section (154a), or a combination thereof.
Regarding claim 2, Liu discloses:
The latch of claim 1, wherein the shaft comprises a drive stud (126) extending along the longitudinal axis and defining a drive surface (122) for rotating the shaft relative to the housing (126 rotates 160 which rotates 130, see paragraph 0068).
Regarding claim 3, Liu discloses:
The latch of claim 2, wherein the drive stud is provided with a directional indicator (125) corresponding to a position of the pawl.
Regarding claim 5, Liu discloses:
The latch of claim 1, wherein the shaft is coupled to the pawl for engagement of the frame, and the pawl extends radially outwardly from the shaft relative to the longitudinal axis (fig 6a).
Regarding claim 8, Liu discloses:
The latch of claim 1,wherein the housing is provided with an indicator arrangement (125), the indicator arrangement corresponding to at least one of the unlatched position or the latched position (paragraph 0037) .
Regarding claim 9, Liu discloses:
The latch of claim 1, wherein the housing further comprises a recess (recess at the bottom of 110) configured to at least partially receive the barrier wall.
Regarding claim 10, Liu discloses:
The latch of claim 1, further comprising a spring (140) interposed between a surface of the housing and another surface of the latch (top surface), the spring being configured to bias the housing away from the other surface along the longitudinal axis (fig 8c, 140 is biased in the open position); wherein the spring is compressed as the shaft rotates toward a latched position (fig 6c).
Regarding claim 11, Liu discloses:
The latch of claim 1, wherein the shaft surface is defined on a pin (170) extending radially outwardly from the shaft relative to the longitudinal axis (fig 2).
Regarding claim 12, Liu discloses:
A latch (fig 1) configured for fixing a panel (10) relative to a frame (20), the latch having an engaged position (fig 6a) in which the panel is fixed relative to the frame and a disengaged position (fig 8a) in which the panel is not fixed relative to the frame, the latch comprising: a housing (110, 150) having a proximal end portion (top end as seen in fig 6a) configured for engagement to the panel, the housing having a longitudinal axis (fig 2); a shaft (130) extending along the longitudinal axis, the shaft and the housing being mounted for rotation relative to one another about the longitudinal axis, the shaft and the housing further being mounted for axial movement relative to one another (see movement between figs 6-8); a pawl (180) coupled to a distal end portion (bottom portion of 130) of the shaft, the pawl being configured to engage the frame (fig 6a); and a cam surface (150) defined by the housing, the cam surface being configured to guide the axial movement of the shaft relative to the housing, such that the pawl engages or disengages the frame; wherein the shaft and the pawl move together toward the proximal end of the housing upon rotation of the shaft relative to the housing as the latch transitions from the disengaged position toward the engaged position, thereby compressing the panel and the frame relative to one another (see figs 6-8).
Regarding claim 13, Liu discloses:
The latch of claim 12 further comprising a barrier wall (160) mounted for axial movement relative to the housing (160 moves axially as it rotates, see paragraph 0059), the housing further comprising a recess (154a) configured to selectively receive at least a portion (164) of the barrier wall.
Regarding claim 14, Liu discloses:
The latch of claim 12 further comprising a spring (140), wherein axial movement of the pawl relative to the housing is configured to move the spring between an extended state (fig 8c) and a compressed state (fig 6c).
Regarding claim 15, Liu discloses:
The latch of claim 14, wherein the spring is interposed between a surface (138) of the housing and another surface (127) of the latch and is configured to bias the housing away from the other surface along the longitudinal axis (fig 8c, 140 is biased in the open position).
Regarding claim 16, Liu discloses:
The latch of claim 14, wherein the pawl engages or disengages the frame as the spring moves between the extended state and the compressed state (see movement between figs 6-8).
Regarding claim 17, Liu discloses:
The latch of claim 12, the shaft including a driver (122) configured for engagement by a tool (key not shown, see paragraph 0041), the driver moving along the longitudinal axis as the shaft rotates relative to the housing (see figs 6b and 8b).
Regarding claim 18, Liu discloses:
The latch of claim 12, further comprising a pin (170) extending radially outwardly from the shaft relative to the longitudinal axis, the pin being configured to contact the cam surface as the shaft and the housing rotate relative to one another about the longitudinal axis (see figs 6c-8c).
Regarding claim 19, Liu discloses:
A latch system (100) including the latch of claim 12, a panel (10) engaged to the housing, a frame (20) positioned for engagement by the pawl, and a gasket (not shown, see paragraph 0033) interposed between the panel and the frame, wherein the pawl compresses the gasket as the shaft and the pawl move together toward the proximal end portion of the housing upon rotation of the shaft relative to the housing as the latch transitions from the disengaged position toward the engaged position (when 100 moves from fig 8a to fig 6a).
Regarding claim 27, Liu discloses:
The latch of claim 12, a position of a proximal end of the shaft (top end of 130) relative to the proximal end portion of the housing providing a compression indicator (125).
Regarding claim 28, Liu discloses:
The latch of claim 27, the compression indicator provided by the position of the proximal end of the shaft relative to the proximal end portion of the housing indicating compression when the proximal end of the shaft corresponds in position to a proximal end of the housing or the proximal end of the shaft and the proximal end of the housing are within a predetermined spacing (fig 6b), and the compression indicator indicating incomplete compression when the proximal end of the shaft is spaced distally from the proximal end of the housing (fig 7b) or the proximal end of the shaft and the proximal end of the housing exceed the predetermined spacing.
Regarding claim 35, Liu discloses:
The latch of claim 3, wherein the directional indicator indicates the position of the pawl in every position of the pawl (see figs 6b-8b).
Regarding claim 37, Liu discloses:
A latch (fig 1) configured to fix a panel (10) relative to a frame (20), the latch comprising: a housing (110, 150) configured for engagement to the panel, the housing having a longitudinal axis (fig 2) and an inner surface (inner surface of 110) defining an aperture (116) extending along the longitudinal axis from a proximal end (top end) of the housing to a distal end (bottom end as seen in fig 2) of the housing (fig 2), the housing further defining a cam surface (150) on the inner surface of the housing and facing in a proximal direction toward the proximal end of the housing along the longitudinal axis (fig 2); a shaft (130) extending within the aperture of the housing and along the longitudinal axis, the shaft being mounted for movement relative to the housing (see figs 6a-8c); a cam follower (120) coupled to the shaft (via 160) for movement with the shaft relative to the housing, the cam follower having a surface (outer surface) extending radially outwardly from the shaft body relative to the longitudinal axis, the surface of the cam follower contacting the cam surface (via 160) defined by the housing; wherein the shaft is configured for insertion distally into the aperture of the housing from the proximal end of the housing toward the distal end of the housing (fig 2), and the cam follower is configured for insertion distally into the aperture of the housing from the proximal end of the housing toward the distal end of the housing (fig 2), the shaft and the cam follower being prevented from insertion proximally into the aperture of the housing from the distal end of the housing toward the proximal end of the housing and from withdrawal distally from the aperture of the housing through the distal end of the housing (in the assembled state); and wherein the shaft and the cam follower are each insertable into the aperture of the housing in the distal direction (both of them can be inserted distally), and wherein the cam surface of the housing comprises a plurality of sections (154a, 154b, opening of 154b seen in fig 2a), each section being configured to guide the movement of the shaft between a latched position (fig 6a) and an unlatched position (fig 68a), the plurality of sections comprising a ramp section (opening of 154b), an indentation section (154b), a plateau section (154a), or a combination thereof.
Regarding claim 39, Liu discloses:
The latch of claim 37, the cam follower being a separate component (120) mounted to the shaft, the mounting of the cam follower to the shaft being configured to resist or prevent rotation of the cam follower relative to the shaft (See figs 6a-8c).
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) 7, 20-23, 25-26, 26, 30-31, and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20180148958 to Liu.
Regarding claim 7, Liu does not explicitly disclose:
The latch of claim 1, wherein the cam surface and the housing are integrally formed as a single body of unitary construction. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the cam surface and the housing as a single body at least because doing so requires the simple combination of 2 components into 1 component and could be accomplished without undue experimentation and would yield the same result, providing a cam surface and a housing.
Regarding claim 20, Liu discloses:
A latch (fig 1) configured to fix a panel (10) relative to a frame (20), the latch comprising: a housing (110, 150) configured for engagement to the panel, the housing having a longitudinal axis (fig 2) and an inner surface (inner surface of 110) defining an aperture (116) extending along the longitudinal axis, the housing further defining a cam surface (150) on the inner surface of the housing and facing in a direction along the longitudinal axis, a shaft (130) extending within the aperture of the housing and along the longitudinal axis, the shaft being mounted for rotation relative to the housing about the longitudinal axis, the shaft further being mounted for axial movement relative to the housing along the longitudinal axis (see motion between figs 6c and 7c); the shaft having a shaft body (body of 130) and a shaft surface (outer surface of 130) extending radially outwardly from the shaft body relative to the longitudinal axis, the shaft surface contacting the cam surface defined by the housing (fig 6c); and a pawl (180) coupled to the shaft, the pawl being configured to engage the frame; wherein the cam surface defined by the housing is configured to guide the axial movement of the shaft relative to the housing along the longitudinal axis as the shaft is rotated within the aperture defined by the housing about the longitudinal axis and as the shaft surface of the shaft and the cam surface of the housing move relative to one another, such that the pawl engages or disengages the frame (see movement between figs 6a-8c); and wherein the cam surface of the housinq comprises a plurality of sections (154a, 154b, opening of 154b seen in fig 2a), each section beinq configured to guide the movement of the shaft between a latched position (fig 6a) and an unlatched position (fig 68a), the plurality of sections comprising a ramp section (opening of 154b), an indentation section (154b), a plateau section (154a), or a combination thereof.
Liu does not explicitly disclose: the cam surface and the housing being integrally formed as a single body of unitary construction. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the cam surface and the housing as a single body at least because doing so requires the simple combination of 2 components into 1 component and could be accomplished without undue experimentation and would yield the same result, providing a cam surface and a housing.
Regarding claim 21, Liu discloses:
The latch of claim 20, further comprising a spring (140) adjacent a surface (138) of the housing, the spring being configured to bias the housing in a direction along the longitudinal axis (fig 8c, 140 is biased in the open position).
Regarding claim 22, Liu discloses:
The latch of claim 21, further comprising a cup (120) mounted for axial movement relative to the housing along the longitudinal axis, the cup providing a barrier wall (outer wall) and defining an annular recess (124).
Regarding claim 23, Liu discloses:
The latch of claim 22, wherein the spring is interposed between the surface of the housing and a surface (127) of the cup and extending into the annular recess of the cup, the spring being configured to bias the housing away from the cup along the longitudinal axis (spring biases away from 120, see fig 8c).
Regarding claim 25, Liu discloses:
The latch of claim 20, wherein the shaft surface is defined on a pin (170) extending radially outwardly from the shaft body relative to the longitudinal axis (see figs 6c-8c).
Regarding claim 26, Liu discloses:
The latch of claim 20, wherein upon rotation of the shaft relative to the housing as the latch transitions from a disengaged position (fig 8a) toward an engaged position (fig 6a), the shaft and the pawl move together toward a housing mounting plane at which the housing is configured to be mounted to the panel, thereby compressing the panel and the frame relative to one another (fig 6a).
Regarding claim 29, Liu discloses:
The latch of claim 24, one of the plurality of sections of the cam surface defining a recess (154a) positioned to receive the shaft surface of the shaft (via 160), the recess being configured to releasably retain the shaft in a predetermined position (the engaged position) or to provide haptic feedback to a user of the latch regarding the predetermined position.
Regarding claim 30, Liu discloses the basic claimed invention, wherein including a housing (1). Although Liu does not specifically disclose the housing being die cast, machined, injection molded, or printed, the examiner would like to point out that these limitations are process limitations relating to the method or process by which the device is being fabricated. Therefore, even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. Thus since Liu discloses the same final product as applicant, the claimed limitations are met.
Regarding claim 31, Liu discloses the basic claimed invention, wherein including cam surface (5). Although Liu does not specifically disclose the cam surface of the housing being co- molded or pressed into the housing, the examiner would like to point out that these limitations are process limitations relating to the method or process by which the device is being fabricated. Therefore, even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. Thus since Liu discloses the same final product as applicant, the claimed limitations are met.
Regarding claim 36, Liu does not explicitly disclose:
The latch of claim 2, wherein a torque required to rotate the shaft relative to the housing and to compress the panel relative to the frame is 7.9 Nm or less, thereby permitting hand-rotation of the shaft relative to the housing and compression of the panel relative to the frame.
However, Liu does teach a torque required to rotate the shaft relative to the housing and to compress the panel relative to the frame. It would have been obvious for a person of ordinary skill in the art before the effective filing date of the current invention to alter the torque required of Liu so that it could have many values usable in a variety of applications, including 7.9 Nm or less since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20180148958 to Liu in view of GB 2432881 to Ryder (This reference is disclosed by the applicant).
Regarding claim 4, Liu discloses:
The latch of claim 1, wherein the shaft is coupled to the pawl for engagement of the frame (fig 6a), and the pawl extends radially outwardly from the shaft relative to the longitudinal axis along a radial axis (fig 6a).
Liu does not explicitly disclose: and includes a roller mounted for rotational movement about the radial axis.
However, Ryder teaches that it is well known in the art for a roller (220) to be mounted on a pawl (202) for rotational movement about the radial axis. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Ryder into Liu at least because doing so would provide added security in coupling the frame and panel together, thereby further securing the device.
Claim(s) 32-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20180148958 to Liu in view of WO 2017124121 to Hastings et al (Hastings).
Regarding claim 32, Liu does not explicitly disclose:
The latch of claim 1, the housing being formed from zinc or metal injection molded steel.
However, Hastings teaches that it is well known in the art for a housing to be formed of zinc or other metals (page 12, lines 5-9). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the material as taught by Hastings into the assembly of Liu at least because doing so requires the simple substitution of one known feature for another and could be accomplished without undue experimentation and would yield the same result, providing a housing. See MPEP 2143, subsection I.B. (3).
Regarding claim 33, Liu does not explicitly disclose:
The latch of claim 1, the shaft and the housing being formed from the same material.
However, Hastings teaches that it is well known in the art for a housing and shaft to be formed from the same material (metal, see page 12, lines 5-9). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the same material for the shaft and housing as taught by Hastings into the assembly of Liu at least because doing so requires the simple substitution of one known feature for another and could be accomplished without undue experimentation and would yield the same result, providing a housing and shaft. See MPEP 2143, subsection I.B. (3).
Regarding claim 34, Liu does not explicitly disclose:
The latch of claim 1, the shaft surface of the shaft being formed from hardened steel.
However, Hastings teaches that it is well known in the art for a shaft surface to be formed of a metal alloy including hardened steel (see page 12, lines 5-9). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the material as taught by Hastings into the assembly of Liu at least because doing so requires the simple substitution of one known feature for another and could be accomplished without undue experimentation and would yield the same result, providing shaft surface. See MPEP 2143, subsection I.B. (3).
Allowable Subject Matter
Claim 40 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yahya Sidky whose telephone number is (571)272-6237. The examiner can normally be reached Monday-Thursday 8:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Y.S./Patent Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675
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