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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 20, 2026 has been entered.
The examiner acknowledges applicant’s amendments to claims 1-5, 7-12, 14-16, and 18-20 and the cancellation of claims 6, 13, and 17.
Claim Objections
Claims 1, 7, 8, 14-16, and 18 are objected to because of the following informalities:
In regards to claim 1, line 3, a semi-colon should be inserted after the phrase “at an opposing second frame end.”
In regards to claim 7, the claim should read as follows after the preamble: “wherein the guard frame is configured to pivot or rotate at the rotatable end from the protective position, in which the seal and the hasp locking mechanism are disposed between the guard frame and the door, to an open position, in which the guard frame is below the seal and the hasp locking mechanism, such that the seal and the hasp locking mechanism are not disposed between the guard frame and the door.”
In regards to claim 8, line 16, the phrase “coupled with” should be changed to “secured to,” and in line 17, the phrase “to rotate” should be changed to “to rotate or pivot.”
In regards to claim 14, the claim should read as follows after the preamble: “wherein the rigid elongated body is configured to rotate or pivot at the rotatable end from a first position, in which the seal and the hasp locking mechanism are disposed between the rigid elongated body and the door, to a different, second position, in which the rigid elongated body is below the seal and the hasp locking mechanism, such that the seal and the hasp locking mechanism are not disposed between the rigid elongated body and the door.”
In regards to claim 15, lines 2 and 3, commas should be inserted before and after the phrase “comprising a unitary structure,” in line 10, the phrase “by the fastener, the seal” should be changed to “by the fastener in the protective position, such that the seal,” in line 11, the comma after the phrase “guard frame and the door” should be removed, and in line 12, the phrase “while the guard frame is in the protective position.”
In regards to claim 16, line 2, the phrase “is coupled with” should be changed to “is coupled to” and in line 3 the phrase “when the guard frame is in the protective position” should be inserted after the phrase “from the opposite sides of the guard frame.”
In regards to claim 18, line 2, the word “rotates” should be changed to “pivots or rotates,” in line 3, the phrase “where the seal” should be changed to “in which the seal,” in line 4, the phrase “where the guard frame” should be changed to “in which the guard frame,” in line 5, the phrase “the hasp locking mechanism, and the seal” should be changed to “the hasp locking mechanism, such that the seal,” and in line 6, the phrase “not between the guard frame and the door” should be changed to “not disposed between the guard frame and the door.”
Appropriate correction is required.
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.
Claims 7-12, 14-16, and 18-20 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.
In regards to claim 7, the language of claim 7 should be consistent with that of claim 1. For example, claim 1 recites that the guard frame is configured to pivot or rotate, whereas, claim 7 only recites that the guard frame is configured to rotate. For examination purposes, the claim has been examined with the language set forth in the claim objections above such that the language of claim 7 is consistent with that of claim 1.
In regards to claim 8, the language within claim 8 should be consistent. Specifically lines 15 and 16 recite that the locking end of the rigid elongated body is “coupled with” the anchor bracket, whereas, line 12 recites that the locking end is configured to be secured to the anchor bracket, and line 17 recites that the rotatable end of the rigid elongated body is configured to rotate, whereas, lines 6 and 7 recite that the rotatable end is configured to rotate or pivot. For examination purposes, the claim has been examined with the language set forth in the claim objections above such that the language within the claim is consistent.
In regards to claim 14, the language of claim 14 should be consistent with that of claim 8. Specifically, claim 8 recites that the rigid elongated body is configured to rotate or pivot, whereas, claim 14 only recites that the rigid elongated body is configured to rotate. For examination purposes, the claim has been examined with the language set forth in the claim objections above such that the language of claim 14 is consistent with that of claim 8.
In regards to claim 14, it is unclear how the seal and the hasp locking mechanism are disposed between the guard frame and the door, as recited in lines 2 and 3, when lines 1 and 2 recite that the rigid elongated body is rotated or pivoted to the first position. The claims should use consistent terminology. For examination purposes, the claim will be examined with the language set forth in the claim objections above such that the language within the claim is consistent.
In regards to claim 15, it is unclear in which position the guard frame is located such that the seal and the hasp locking mechanism are disposed between the guard frame and the door. It is understood from the specification that when the guard frame is in the protective position, the seal and the hasp locking mechanism are disposed between the guard frame and the door, and will be examined as such. See claim objections above.
In regards to claim 16, the language of claim 16 should be consistent with that of claim 15. Specifically, claim 16 recites that the anchor bracket is coupled “with” the door, whereas, claim 15 recites that the anchor bracket is coupled “to” the door. For examination purposes, the claim will be examined with the language set forth in the claim objections above such that the language of claim 16 is consistent with that of claim 15.
In regards to claim 16, it is unclear in which position the guard frame is located such that the seal is accessible from the opposite sides of the guard frame. It is understood from the specification that when the guard frame is located in the protective position, the seal is accessible from the opposite sides of the guard frame and will be examined as such. See claim objections above.
In regards to claim 18, the language of claim 18 should be consistent with that of claim 15. Specifically, claim 18 recites that the guard frame rotates, whereas, claim 15 recites that the guard frame pivots or rotates. For examination purposes, the claim will be examined with the language set forth in the claim objections above such that the language of claim 18 is consistent with that of claim 15.
In regards to claims 9-12, 19, and 20, these claims are rejected under 35 U.S.C. 112(b) because they depend from claims 8 and 15.
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) 1-5, 7, 15, 16, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haber (US-9562374).
In regards to claim 1, Haber discloses a hasp protector assembly comprising: a guard frame 44 comprising a unitary structure having an elongated body extending between a first arm (see Figure 6 below) at a first frame end (end at reference character 46, Figure 6) and a second arm (see Figure 6 below) at an opposing second frame end (end with reference character 66, Figure 6); wherein the first frame end is operable as a rotatable end and the second frame end is operable as a locking end (Figure 7), the rotatable end configured to be pivotally or rotationally coupled with a door 12 that is configured to be secured in a closed, locked state with a seal 24, 25 that is coupled with a hasp locking mechanism 26, 28 of the door; and an anchor bracket 42, 60 configured to be coupled with the door in a position where the locking end of the guard frame is configured to be secured to the anchor bracket (secured with fastener 38, 40), the guard frame configured to be pivoted or rotated at the rotatable end of the guard frame to a protective position while the seal is coupled with the hasp locking mechanism of the door (Figure 7), wherein the locking end of the guard frame is configured to be secured to the anchor bracket by a fastener 38, 40, the seal and the hasp locking mechanism are disposed between the guard frame and the door (Figure 7), and the seal and the hasp locking mechanism are visible from opposite sides of the guard frame while the guard frame is in the protective position (the seal and hasp locking mechanism are at least partially visible through openings 52 and 54, Figures 6 and 7).
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In regards to claim 2, Haber discloses that the guard frame is generally U-shaped from the first arm, along the elongated body, and to the second arm (Figure 6).
In regards to claim 3, Haber discloses that the first arm and the second arm are each connected transversely to the opposing ends of the elongated body of the guard frame (Figure 6).
In regards to claim 4, Haber discloses that the elongated body of the guard frame has a width that permits visibility of the seal from the opposite sides of the guard frame (the design and shape of the elongated body, including the width and openings 52 and 54 allows the seal and hasp locking mechanism to be at least partially visible through openings, Figures 6 and 7).
In regards to claim 5, Haber discloses that the guard frame is open along directions that extend from one of the opposite sides to another of the opposite sides (open along directions extending through openings 52 and 54, Figures 6 and 7).
In regards to claim 7, Haber discloses that the guard frame is configured to pivot or rotate at the rotatable end from the protective position, in which the seal and the hasp locking mechanism are disposed between the guard frame and the door (Figure 7), to an open position, in which the guard frame is below the seal and the hasp locking mechanism, such that the seal and the hasp locking mechanism are not located between the guard frame and the door (Figure 6).
In regards to claim 15, Haber discloses a method comprising: pivotally or rotationally coupling a rotatable end (end at reference character 46, Figure 6) of a guard frame 44, comprising a unitary structure, to a door 12 that is configured to be secured in a closed, locked state with a seal 24, 25 coupled with a hasp locking mechanism 26, 28 of the door; and coupling an anchor bracket 42, 60 to the door in a position where a locking end of the guard frame (end with reference character 66, Figure 6) that is opposite the rotatable end is configured to be secured to the anchor bracket by a fastener 38, 40, the guard frame configured to be pivoted or rotated at the rotatable end of the guard frame to a protective position while the seal is coupled with the hasp locking mechanism (Figure 7), wherein the fastening end of the guard frame is configured to be secured to the anchor bracket by the fastener in the protective position, such that the seal and the hasp locking mechanism are disposed between the guard frame and the door (Figure 7) and the seal and the hasp locking mechanism are visible from opposite sides of the guard frame (the seal and hasp locking mechanism are at least partially visible through openings 52 and 54, Figures 6 and 7).
In regards to claim 16, Haber discloses that the rotatable end of the guard frame is pivotally or rotationally couped to the door (Figures 6 and 7) and the anchor bracket is coupled to the door such that the seal is accessible from the opposite sides of the guard frame when the guard frame is in the protective position (the seal is at least partially accessible via openings 52 and 54, Figures 6 and 7).
In regards to claim 18, Haber discloses that the rotatable end of the guard frame is pivotally or rotationally coupled to the door such that the guard frame pivots or rotates at the rotatable end from the protective position, in which the seal and the hasp locking mechanism are disposed between the guard frame and the door (Figure 7), to an open position, in which the guard frame is below the seal and the hasp locking mechanism, such that the seal and the hasp locking mechanism are not located between the guard frame and the door (Figure 6).
In regards to claim 19, Haber discloses that the method includes locating a container that has the door, the container being previously-used for transporting cargo (Figure 1), and determining, relative to the hasp locking mechanism, a coupling point for the rotatable end and a coupling point for the anchor bracket (coupling points at which the rotatable end is connected to the anchor bracket and at which the anchor bracket is coupled to the door, Figure 1).
In regards to claim 20, Haber discloses that the seal extends lengthwise along a central axis of the seal between two opposite arms of the guard frame (see Figure 6 on Page 8 of the current Office Action), the arms extending substantially transverse to the central axis (Figure 6).
Allowable Subject Matter
Claims 8-12 and 14 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Although the references of record show some features similar to those of applicant’s device, the prior art fails to teach or make obvious the invention of claim 8.
In regards to claim 8, Haber (US-9562374) fails to disclose that the rotatable end of the rigid elongated body is configured to rotate or pivot around or about an axis extending through a surface of the door that faces and is connected with the rigid elongated body and the anchor bracket. The rotatable end of the rigid elongated body of Haber is configured to rotate or pivot around or about an axis extending parallel to the surface of the door and not an axis extending through the surface of the door. The examiner can find no motivation to modify the device of Haber without employing improper hindsight reasoning and without destroying the intended structure and operation of the device.
Response to Arguments
In light of applicant’s amendments to the claims, the rejections under 35 U.S.C. 112(a) set forth in the previous Office Action are withdrawn.
In light of applicant’s amendments and after further review of the claims, new claim objections and rejections under 35 U.S.C. 112(b) are set forth in the current Office Action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSON MERLINO whose telephone number is (571)272-2219. The examiner can normally be reached Monday - Friday 7 AM to 3 PM.
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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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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 January 30, 2026