DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
Claims 1 (2-13 by dependency) are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "a protected member" in line 2 and again “a protected member” in line 3. It is unclear if the applicant intends the same or an additional protected member as recited.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 10 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated Hill et al. (US 2021/0054659).
Regarding claim 1. Hill et al. discloses a protection apparatus, comprising:
a protection shell (22), covering at least part of an area outside a protected member (28);
a first locking part (65, 64), comprising a first locking member (64) operable to move relative to a protected member (65);
a second locking part (68), comprising a second locking member (102) operable to move relative to the protection shell, wherein the second locking member has a locking position (Fig. 12, 13)) and an unlocking position (Fig.14,15) arranged at intervals in a movement direction, and the locking position and the unlocking position (31b) are respectively used to lock and unlock the protection shell the protection shell is locked to the second locking part when the second locking part is in the locking position, and the protection shell is unlocked from the second locking part when the second locking part is in the unlocking position;
a sensor (70F), arranged in the movement direction of the second locking member and configured to generate an in-position signal when the second locking member is in the unlocking position; and
a controller (70), configured to control, in response to the in-position signal, the first locking part to unlock the protected member, wherein the sensor is electrically connected to the controller ([0050) electronic control module).
Regarding claim 10, Hill et al. discloses the protection apparatus according to claim 1, wherein the controller (70) is configured to: control the first locking part to lock the protected member when the time after the first locking part is unlocked exceeds a predetermined time ([0050]; and/or
maintain an unlocking state of the first locking part when the time after the first locking part is unlocked is less than or equal to the predetermined time (time setting [0050], l.22).
Regarding claim 11, Hill et al. discloses the protection apparatus according to claim 1, wherein the controller is configured to maintain an unlocking state of the first locking part when the time after the first locking part is unlocked is less than or equal to the predetermined time (time setting [0050], l.22)..
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over
Hill et al. (US 2021/0054659) in view of Bruce (US 8,226,131).
Claims 7, 8, are rejected under 35 U.S.C. 103(a) as being unpatentable over Hill et al. (US 2021/0054659) in view of Bruce et al. (8,226,131).
Regarding claim 7, Hill et al. discloses the protection apparatus according to claim 1, wherein the sensor (70F);
the second locking part (102) further comprises the main part and a support arm (104) the second locking member is fixedly connected to the support arm by means of the main part (110), and the support arm extends in the movement direction of the second locking member; and
when the second locking member moves to the unlocking position, an end part of the support arm moves to a contact point position of the sensor.
Hill et al. does not discuss: the sensor comprises a microswitch.
Bruce et al. teaches the sensor comprises a microswitch for the purpose of utilizing commercially available components as sensor and microswitch are general considered functionally equivalent.
It would have been obvious to one having ordinary skill in the art before the time the invention was effectively filed to modify Hill et al. with the sensor comprises a microswitch as taught by Bruce et al. for the expected benefit of utilizing commercially available components as sensor and microswitch are general considered functionally equivalent.
Regarding claim 8, Hill et al. as modified by Bruce et al. discloses the protection apparatus according to claim 7, wherein the second locking part further comprises a second positioning member and a second elastic element (108) sleeved on the second positioning member (110c), one end of the second positioning member is fixedly connected to (in assembly) the main part, and the other end extends in the movement direction of the second locking member; and
the second elastic element generates an elastic force to reset the second locking member from the unlocking position (Fig.14, 15) to the locking position (Fig.12,13).
Allowable Subject Matter
Claims 14-20 are allowed.
Claims 2-6, 9, 12 and 13 are 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.
The following is a statement of reasons for the indication of allowable subject matter: Park (2021/0131143) as modified by Bruce et al. (8,226,131) discloses the protection apparatus except: a ribbed plate (13), wherein the ribbed plate (13) and the main plate (12) are respectively used to serve as a bottom and a side wall of the receiving recess (11), and the receiving recess (11) is used to at least partially receive the protected member; the second locking part (3) is configured to be located outside the receiving recess (11) and to slide relative to the ribbed plate (13), and the movement direction of the second locking member is perpendicular to a thickness direction of the main plate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's 3disclosure as it may affect the patentability of applicant’s claimed invention is listed on the attached PTO-892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thomas L. Neubauer whose telephone number is 571.272.4864. The examiner can normally be reached on Monday - Friday, 8:00 AM through 5:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina R. Fulton can be reached on 571.272.7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T. L. N./
Examiner, Art Unit 3675
/KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
Prosecution Insights