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, filed 6, with respect to the objections to claims 3 and 8 have been fully considered and are persuasive. The objections have been withdrawn.
Applicant’s arguments with respect to the prior art rejection of claim(s) 1 and 15 have been fully considered but are not persuasive. Applicant argues that Weber (US-20200378158-A1) fails to teach an L-shaped latching member comprising upper and lower arms on opposite sides of a pivot point. However, Annotated Figure 3 – Weber below shows that it is possible to draw a line through the pivot point such that the upper and lower arms are located on opposite sides of said line. Therefore, one of ordinary skill in the art would have been able to use Weber’s teaching to modify Weldon’s (US-10227795-B1) latch such that the combination satisfies each and every limitation of claims 1 and 15.
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Annotated Figure 3 – Weber
Claim Objections
Claim(s) 12 objected to because of the following informalities: claim(s) should be amended to recite “wherein the spring is configured to bias the L-shaped latching member into [[a]] the closed state [[position]].” Appropriate correction or clarification is required.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weldon (US-10227795-B1) in view of Weber (US-20200378158-A1).
With regards to claim 1, Weldon discloses a fence gate latch mechanism (10 Figure 1) for a fence gate having a gate post positioned adjacent a fence post such that a space is defined between the gate post and the fence post (Weldon’s fence gate latch mechanism can be installed to either of an adjacent gate post or fence post, such that a back corner of the post is mated to the corner defined by the main body of base plate 2 and tabs 32, and a striker pin is attached to the other of the adjacent gate post and fence post, Col 1 Lines 43-51), the fence gate latch mechanism comprising:
a base plate (1 Figure 1) that is attachable to a sidewall of the gate post or the fence post within the space (Examiner notes that this is an intended use/capability of the claimed fence gate latch mechanism and as Weldon’s fence gate latch mechanism can be installed to either of an adjacent gate post or fence post, such that a back corner of the post is mated to the corner defined by the main body of base plate 2 and tabs 32, and a striker pin is attached to the other of the adjacent gate post and fence post, it anticipates this limitation [Col 1 Lines 43-51]); and
a latching member (2 Figure 1) pivotally attached to the base plate (via pivot bolt 49, Figure 1) at a pivot point (42 Figure 1) and having a lower arm (45 Figure 1) operating as a latching mechanism (as seen in Figures 1-2 it is capable of operating as a latching mechanism for a striker comparable to 332, Figure 3), the latching member being positioned in the space (Col 1 Lines 43-51) such that no portion of the L-shaped latching mechanism extends beyond a front or top surface of a gate (Examiner notes that that this is an intended use/capability of the claimed fence gate latch mechanism and as Weldon’s fence gate latch mechanism can be installed on a thicker post that would render such to not extend beyond a front or top surface thereof).
Weldon does not disclose that the latching member is an L-shaped member having an upper arm and a lower arm.
However, Weber discloses a related fence gate latch mechanism (Figure 3) having an L-shaped (having a longer upper arm and shorter lower arm arranged at a substantially right angle, Figure 3) latching member (pivotable latching member of latch mechanism 28, Figure 3) pivotally attached to a base plate (base plate of latch mechanism 28, Figure 3), the L-shaped latching member having an upper arm (upper arm having attachment point for chain 24, Figure 3) for actuating the latch via a remote handle kit (10, 24, 20, 22 Figures 3-5), and a lower arm operating as a latching mechanism for a striker (26 Figure 3), the upper and lower arms on opposite sides of a pivot point (see Annotated Figure 3 – Weber above), wherein the latching member is positioned in the space such that no portion of the L-shaped latching mechanism extends beyond a front (right side, Figure 3 – Weber) or top (top side, Figure 2 – Weber) surface of a gate (shown in Figure 2 – Weber). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the latching mechanism of Weldon such that it has an upper arm and a removable handle kit of Weber in place of Weldon’s actuating arm (43 Figure 1), as taught by Weber, such that no portion of the latching member extends beyond a front or top surface of a gate (as taught by Weber Figures 2-3), with a reasonable expectation of success. One would have been motivated to modify Weldon’s actuating means with the teachings of Weber to allow remote actuation of the gate via Weber’s handle, allow for remote actuation only from a taller user, allow for remote actuation when the latch mechanism of Weldon is installed on a thicker gate/fence post, etc..
Therefore, Weldon in view of Weber teaches that the L-shaped latching member is positioned in the space such that no portion of the upper arm extends beyond a front (right side, Figure 1 – Weldon, as shown in Figures 2-3 of Weber) or top (top side, Figure 1 – Weldon, as shown in Figures 2-3 of Weber) surface of a gate (Col 1 Lines 43-51 – Weldon, as shown in Figured 2-3 of Weber) when the L-shaped latching member is in a closed state (tab 30 at the top of slot 40, Figure 1 - Weldon).
With regards to claim 2, Weldon in view of Weber teaches the fence gate latch mechanism of claim 1, wherein the upper arm (upper arm having attachment point for chain 24, Figure 3 – Weber) of the L-shaped latching member (2 Figure 1 – Weldon) is confined within a width of the gate post or the fence post (Weber’s upper arm can be added to Weldon’s latching member at any location between pivot point 42 and mounting tabs 32 and therefore be confined within a width of the gate post or the fence post, Col 1 Lines 43-51 and Figures 1-2 – Weldon).
With regards to claim 3, Weldon in view of Weber teaches the fence gate latch mechanism of claim 1, wherein the base plate (1 Figure 1 – Weldon) has an upper receiving portion (3-right, Figure 2) and a lower receiving portion (3-left, Figure 2) extending from a distal end thereof (left end, Figure 1 - Weldon).
With regards to claim 4, Weldon in view of Weber teaches the fence gate latch mechanism of claim 3, wherein the upper receiving portion (3-right, Figure 2 – Weldon) and the lower receiving portion (3-left, Figure 2 – Weldon) extend beyond a back surface (defined by tabs 32, Figure 1 – Weldon) of the gate post (Col 1 Lines 43-51 – Weldon).
With regards to claim 5, Weldon in view of Weber teaches the fence gate latch mechanism of claim 3, wherein the upper receiving portion (3-right, Figure 2 – Weldon) and the lower receiving portion (3-left, Figure 2 – Weldon) are fixed to the base plate (1 Figure 1 – Weldon).
With regards to claim 6, Weldon in view of Weber teaches the fence gate latch mechanism of claim 3, wherein the upper receiving portion (3-right, Figure 2 – Weldon) and the lower receiving portion (3-left, Figure 2 – Weldon) are non-movable components (relative to the mounting post, Col 1 Lines 43-51 – Weldon).
With regards to claim 7, Weldon in view of Weber teaches the fence gate latch mechanism of claim 1, wherein an attachment point (12 Figure 1 – Weldon) between the base plate (1 Figure 1 – Weldon) and the L-shaped latching member (2 Figure 1 – Weldon) causes the L-shaped latching member to displace to an open state (latching hook 45 pivoted away from opening 6, Figure 2 – Weldon) when an external force is applied (upwards via chain 24 [Figure 3, Col 4 Lines 46-53] – Weber) to the upper arm (upper arm having attachment point for chain 24, Figure 3 – Weber).
With regards to claim 8, Weldon in view of Weber teaches the fence gate latch mechanism of claim 7, further comprising a removable handle (10, 24 Figure 3 – Weber) shaped to engage a top of the upper arm (upper arm having attachment point for chain 24, Figure 3 – Weber) to apply the external force to the upper arm (via chain 24 [Figure 3, Col 4 Lines 38-53]).
With regards to claim 9, Weldon in view of Weber teaches the fence gate latch mechanism of claim 8, wherein the removable handle (10, 24 Figure 3 – Weber) is a separate piece that fits into the space (Weber’s upper arm can be added to Weldon’s latching member at any location between pivot point 42 and mounting tabs 32 and therefore be confined within a width of the gate post or the fence post [Col 1 Lines 43-51 – Weldon]. Therefore, element 24 of Weber’s removable handle is necessarily placed at least partially within the space defined by the gate post and the fence post.) defined between the gate post and the fence post (Col 1 Lines 43-51 – Weldon) to engage the upper arm (upper arm having attachment point for chain 24, Figure 3 – Weber) of the L-shaped latching member (2 Figure 1 – Weldon).
With regards to claim 10, Weldon in view of Weber teaches the fence gate latch mechanism of claim 8, further comprising a handle carrier (20, 22 Figure 5 – Weber) configured to be removably mounted (Weber’s removable handle and handle carrier are part of a handle kit that can be installed or removed from a variety of locations on the gate of fence or gate, Para 0016) to a top surface of the gate (as seen in Figure 5 - Weber).
With regards to claim 11, Weldon in view of Weber teaches the fence gate latch mechanism of claim 1, wherein the base plate (1 Figure 1 – Weldon) includes a spring (20 Figure 1 - Weldon) connected thereto (Figure 1- Weldon).
With regards to claim 12, Weldon in view of Weber teaches the fence gate latch mechanism of claim 11, wherein the spring (20 Figure 1 – Weldon) is configured to bias the L-shaped latching member (2 Figure 1 - Weldon) into a closed position (tab 30 at the top of slot 40, Figure 1 - Weldon).
With regards to claim 13, Weldon in view of Weber teaches the fence gate latch mechanism of claim 12, wherein the lower arm (45 Figure 1 – Weldon) of the L-shaped latching member (2 Figure 1 - Weldon) further comprises an opening (40 Figure 1 - Weldon) to receive a tab (30 Figure 1 - Weldon).
With regards to claim 14, Weldon in view of Weber teaches the fence gate latch mechanism of claim 13, wherein the tab (30 Figure 1 – Weldon) is fixed to the base plate (1 Figure 1 - Weldon) and operates to limit movement (Col 4 Line 66 – Col 5 Line 5 - Weldon) of the lower arm (45 Figure 1 - Weldon) of the L-shaped latching member (2 Figure 1 - Weldon).
With regards to claim 15, Weldon discloses a method for operating a fence gate latch mechanism (10 Figure 1) for a fence gate having a gate post positioned adjacent a fence post such that a space is defined between the gate post and the fence post (Weldon’s fence gate latch mechanism can be installed to either of an adjacent gate post or fence post, such that a back corner of the post is mated to the corner defined by the main body of base plate 2 and tabs 32, and a striker pin is attached to the other of the adjacent gate post and fence post, Col 1 Lines 43-51), the method comprising:
attaching a base plate (1 Figure 1) to a sidewall of the gate post or the fence post within the space (Examiner notes that this is an intended use/capability of the claimed fence gate latch mechanism and as Weldon’s fence gate latch mechanism can be installed to either of an adjacent gate post or fence post, such that a back corner of the post is mated to the corner defined by the main body of base plate 2 and tabs 32, and a striker pin is attached to the other of the adjacent gate post and fence post, it anticipates this limitation [Col 1 Lines 43-51]); and
pivotally attaching (via pivot bolt 49, Figure 1) a latching member (2 Figure 1) to the base plate at a pivot point (42 Figure 1), the L-shaped latching member having a lower arm (45 Figure 1) operating as a latching mechanism (for a striker comparable to 332, Figure 3).
Weldon does not disclose that the latching member is an L-shaped member having an upper arm and a lower arm.
However, Weber discloses a related fence gate latch mechanism and method of operating such (Figure 3) having an L-shaped (having a longer upper arm and shorter lower arm arranged at a substantially right angle, Figure 3) latching member (pivotable latching member of latch mechanism 28, Figure 3) pivotally attached to a base plate (base plate of latch mechanism 28, Figure 3), the L-shaped latching member having an upper arm (upper arm having attachment point for chain 24, Figure 3) for actuating the latch via a remote handle kit (10, 24, 20, 22 Figures 3-5), and a lower arm operating as a latching mechanism for a striker (26 Figure 3), the upper and lower arms on opposite sides of a pivot point (see Annotated Figure 3 – Weber above), wherein the latching member is positioned in the space such that no portion of the L-shaped latching mechanism extends beyond a front (right side, Figure 3 – Weber) or top (top side, Figure 2 – Weber) surface of a gate (shown in Figure 2 – Weber). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the latching mechanism of Weldon such that it has an upper arm and a removable handle kit as taught by Weber and does not have the actuating arm (43 Figure 1) of Weldon’s latching member, such that no portion of the latching member extends beyond a front or top surface of a gate (as taught by Weber Figures 2-3), with a reasonable expectation of success. One would have been motivated to modify Weldon’s actuating means with the teachings of Weber to allow remote actuation of the gate via Weber’s handle, allow for remote actuation only from a taller user, allow for remote actuation when the latch mechanism of Weldon is installed on a thicker gate/fence post, etc..
Therefore, Weldon in view of Weber teaches that the L-shaped latching member is positioned in the space such that no portion of the upper arm extends beyond a front (right side, Figure 1 – Weldon, as shown in Figures 2-3 of Weber) or top (top side, Figure 1 – Weldon, as shown in Figures 2-3 of Weber) surface of a gate (Col 1 Lines 43-51 – Weldon, as shown in Figured 2-3 of Weber) when the L-shaped latching member is in a closed state (tab 30 at the top of slot 40, Figure 1 - Weldon).
With regards to claim 16, Weldon in view of Weber teaches the method of claim 15, wherein the upper arm (upper arm having attachment point for chain 24, Figure 3 – Weber) of the L-shaped latching member (2 Figure 1 – Weldon) is confined within a width of the gate post or the fence post (Weber’s upper arm can be added to Weldon’s latching member at any location between pivot point 42 and mounting tabs 32 and therefore be confined within a width of the gate post or the fence post, Col 1 Lines 43-51 – Weldon and as seen in Figs. 2-3 or Weber).
With regards to claim 17, Weldon in view of Weber teaches the method of claim 15, wherein base plate (1 Figure 1 - Weldon) has an upper receiving portion (3-right, Figure 2 – Weldon) and a lower receiving portion (3-left, Figure 2 – Weldon) extending from a distal end thereof (left end, Figure 1 - Weldon).
With regards to claim 18, Weldon in view of Weber teaches the method of claim 15, wherein an external force is applied (upwards via chain 24 [Figure 3, Col 4 Lines 46-53] – Weber) to the upper arm (upper arm having attachment point for chain 24, Figure 3 – Weber) of the L-shaped latching member (2 Figure 1 – Weldon) to displace the L-shaped latching member to an open state (tab 30 at the bottom of slot 40, Figure 1 – Weldon, and as disclosed in Weber abstract, etc.).
With regards to claim 19, Weldon in view of Weber teaches the method of claim 18, further comprising a removable handle (10, 24 Figure 3 – Weber), wherein the external force (upwards via chain 24 [Figure 3, Col 4 Lines 46-53] - Weber) applied to the upper arm (upper arm having attachment point for chain 24, Figure 3 - Weber) is generated by the removable handle manually operated by a user (Col 4 Lines 38-53 - Weber).
With regards to claim 20, Weldon in view of Weber teaches the method of claim 19, wherein the removable handle (10, 24 Figure 3 – Weber) is a separate piece that the user places into the space (Weber’s upper arm can be added to Weldon’s latching member at any location between pivot point 42 and mounting tabs 32 and therefore be confined within a width of the gate post or the fence post [Col 1 Lines 43-51 – Weldon]. Therefore, at least element 24 of Weber’s removable handle is necessarily placed at least partially within the space defined by the gate post and the fence post.) defined between the gate post and the fence post (Col 1 Lines 43-51 – Weldon) to engage the upper arm (upper arm having attachment point for chain 24, Figure 3 – Weber) of the L-shaped latching member (2 Figure 1 – Weldon).
Conclusion
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/NOAH HOROWITZ/Examiner, Art Unit 3675