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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-17 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Vogg et al. (US 4,583,896).
The Vogg et al. reference discloses a latch apparatus for securing cargo to the floor of an aircraft comprising a hook 10, a lever 19 and a link 22, as claimed.
In regard to claim 2, see hook point (proximate reference numeral 17 in Fig. 2), lever point (proximate reference numeral 19 in Fig. 2), lever rotation point 15 and an imaginary axis (unnumbered) between the hook point and lever point, as claimed.
In regard to claim 3, see spring 18.
In regard to claims 4 and 8, the housing is defined by the floor of the aircraft (proximate reference plane 31 in Fig. 3) which the latch apparatus is mounted below in Fig. 3.
In regard to claim 6, see slight bend proximate reference numeral 32 in Fig. 2.
In regard to claim 7, the first and second positions are shown in Figs. 2 and 3.
In regard to claims 11-16, the method as claimed would be inherent during normal use and operation of the latch apparatus (supra).
In regard to claims 17 and 20, the vehicle would be the associated aircraft (not shown).
Claim(s) 1, 2, 5, 7, 9-12 and 15-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Nockels (US 2,961,262).
The Nockels reference discloses a latch apparatus for tailgate C of a bed box (proximate reference letter B in Fig. 1) of a vehicle comprising a hook 22, a lever 30 and a link 33, as claimed.
In regard to claim 2, see hook point (proximate reference numeral 25 in Fig. 2), lever point (proximate reference numeral 30 in Fig. 2), lever rotation point 27 and an imaginary axis (unnumbered) between the hook point and lever point, as claimed.
In regard to claim 7, the first and second positions are shown in Figs. 2 and 4.
In regard to claims 11, 12, 15 and 16, the method as claimed would be inherent during normal use and operation of the latch apparatus (supra).
In regard to claim 18, the latch apparatus is most certainly disposed adjacent the top of the sidewall of the bed box (see Fig. 1).
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) 3, 4, 13, 14, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nockels (US 2,961,262) in view of Herrmann et al. (US 2,134,823).
The Nockels reference discloses a latch apparatus for a vehicle (supra), but fails to disclose a compliant member or spring as claimed. Attention is directed to the Herrmann et al. reference which discloses another latch apparatus for a vehicle that utilizes known springs 20,24 (i.e. compliant members) to urge or aid in movement of the latch apparatus to and from a latched position. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Nockels latch apparatus to utilize a compliant member or spring in view of the teachings of the Herrmann et al. reference to urge or aid in movement of latch apparatus the to and from a latched position.
In regard to claims 13 and 14, the method as claimed would be inherent during normal use and operation of the modified latch apparatus, as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The McNeilly, Saroka, Mosley et al. and Baldwin et al. references pertain to various latch mechanisms with similarities to that of Applicant’s.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN O DOUGLAS whose telephone number is (571)272-4885. The examiner can normally be reached Monday - Thursday 5:30-4:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at 571-270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/STEVEN O DOUGLAS/Primary Examiner, Art Unit 3612