DETAILED ACTION
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.
Claims 1-19 and 21 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over McShane (US 4,370,088 A).
Regarding claim 1, McShane discloses a fence gate latch (22 on B in annotated Figure 2 below, and B in annotated Figure 2 below) for a fence gate (A in annotated Figure 2 below), comprising:
a rectilinear body (38);
a first connector (upper member 30 on B in annotated Figure 2 below) extending from a first side of the body;
a first latch pin (upper member 32 on B in annotated Figure 2 below) extending from a second side of the body and affixed thereto (see Fig. 6), the first latch pin defining an axis (see Figs. 5-6);
a handle (15, 16, 17 on B in annotated Figure 2 below) extending from the body, the entirety of the handle residing outboard of the body (see Figs. 1 and 5), the handle having a first element (15) attached to the body, a second element (17) attached to the body, and an intermediate element (16) connected to both the first and second elements; and
the latch being separable from the fence gate (see Fig. 6) and, when connected to the gate (see Fig. 5), being movable relative to the fence gate from a first position (see Fig. 5) to a second position (see Fig. 6).
PNG
media_image1.png
502
501
media_image1.png
Greyscale
Figure 1. Annotated Figure 2.
Regarding claim 2, McShane discloses in which the second side (side having 32) is opposite the first side (side having 30) of the body (38 on B in annotated Figure 2 above).
Regarding claim 3, McShane discloses further including a second latch pin (lower member 32 on B in annotated Figure 2 above), the second latch pin residing on the axis (32, see Figs. 5-6).
Regarding claim 4, McShane discloses further including a second latch pin (lower member 32 on B in annotated Figure 2 above), the second latch pin residing on the axis (32), and the handle (15, 16, 17 on B in annotated Figure 2 above) residing between the first latch pin (upper member 32) and the second latch pin (lower member 32, see NOTE below).
NOTE: The handle is between the first and second latch pins when panel B in annotated Figure 2 above is viewed along the longitudinal direction.
Regarding claim 5, McShane discloses further including a second connector (lower member 30 on B in annotated Figure 2 above) identical to the first connector (upper member 30 on B in annotated Figure 2 above).
Regarding claim 6, McShane discloses in which the handle (15, 16, 17 on B in annotated Figure 2 above) and the body (38 on B in annotated Figure 2 above) define a polygon (see Fig. 1 and 5).
Regarding claim 7, McShane discloses in which the connector (upper member 30 on B in annotated Figure 2 above) is attached to the fence gate (A in annotated Figure 2 above) by a post (34) extending through the connector (see Fig. 5).
NOTE: The post 34 assists in attaching the connectors 30 to the panel (B in annotated Figure 2 above), and therefore assists in attaching the connectors to the fence gate (A in annotated Figure 2 above).
Regarding claim 8, McShane discloses in which the body (38 on B in annotated Figure 2 above) is biased by gravity to the first position (Fig. 5).
Regarding claim 9, McShane discloses a fencing system, comprising:
a fence gate (C in annotated Figure 2 above);
a fence panel (A in annotated Figure 2 above) residing proximate to the fence gate, the fence panel having a vertical dimension defining a height (see NOTE below);
a post (38 on B in annotated Figure 2 above);
a latch, the latch (22 on B in annotated Figure 2 above, and mesh 10 on B in annotated Figure 2 above):
having a body (26 on B in annotated Figure 2 above) defining a length at least substantially equal to the vertical panel height (see NOTE below);
having a handle (K in annotated Figure 5 below) attached to the body, an aperture (opening in 26 accepting 38), and a first latch pin (upper member 32 on B in annotated Figure 2 above) being separable from the fence gate;
being connectable to the fence gate by the post (see Fig. 6),
the post being movable relative to both the fence gate (see Fig. 2) and the latch (see specification Column 2 lines 66-67);
the handle including a first element (L in annotated Figure 5 below) attached to the latch, a second element (M in annotated Figure 5 below) attached to the latch, and an intermediate element (N in annotated Figure 5 below) connected to both the first and second elements; and
the latch movable between a first position (see Fig. 5) at which the first latch pin is connected with the fence panel and a second position (disconnected, see Fig. 6) at which the first latch pin is disconnected with the fence panel.
NOTE: The claim requires the fence panel to have a vertical dimension defining a height and does not require any length or dimension in particular. Accordingly, any dimension equal to or less than the largest height value of the fence panel meets the claim limitation. Accordingly, the fence panel defines a vertical dimension having a length equal to the body vertical length. Therefore, the claim limitations are met.
PNG
media_image2.png
780
596
media_image2.png
Greyscale
Figure 2. Annotated Figure 5.
PNG
media_image3.png
835
669
media_image3.png
Greyscale
Figure 3. Annotated Figure 5.
Regarding claim 10, McShane discloses in which the fence gate (C in annotated Figure 2 above) has a first hinge (12 on C in annotated Figure 2 above) and the aperture (opening in 26 accepting 38 on member B) is connected to the fence gate at the first hinge (see NOTE below).
NOTE: Latch 22 and section B in annotated Figure 2 above are connected to the fence gate C in annotated Figure 2 above by way of the hinge 12 on member C.
Regarding claim 11, McShane discloses in which the fence gate (C in annotated Figure 2 above) has a first hinge (12 on C in annotated Figure 2 above) and the aperture (opening in 26 accepting 38 on member B) is rotatably connected to the first hinge by the post (see NOTE below).
NOTE: The aperture (opening in 26 accepting 38 on member B) is connected to the hinge (12 on C in annotated Figure 2 above) by the post (38 on B in annotated Figure 2 above), see Figs. 2 and 5-6.
Regarding claim 12, McShane discloses in which the fence panel (A in annotated Figure 2 above) has a second hinge (upper member 40 on A in annotated Figure 2 above) and, in the first position (see Fig. 5), the first latch pin (upper member 32 on B in annotated Figure 2 above) is connected with the fence panel at the second hinge (see Fig. 5).
Regarding claim 13, McShane discloses in which the fence panel (A in annotated Figure 2 above) has a second hinge (upper member 40 on A in annotated Figure 2 above) and, in the first position (see Fig. 5), the first latch pin (upper member 32 on B in annotated Figure 2 above) is disposed through the second hinge (see Fig. 5).
Regarding claim 14, McShane discloses in which the latch (22 on B in annotated Figure 2 above, and mesh 10 on B in annotated Figure 2 above) also has a second latch pin (lower member 32 on B in annotated Figure 2 above), the second latch pin residing colinearly with the first latch pin (upper member 32 on B in annotated Figure 2 above, see Fig. 5).
Regarding claim 15, McShane discloses in which the latch (22 on B in annotated Figure 2 above, and mesh 10 on B in annotated Figure 2 above) also has a second latch pin (lower member 32 on B in annotated Figure 2 above) identical to the first latch pin (upper member 32 on B in annotated Figure 2 above), the second latch pin residing colinearly with the first latch pin (see Figs. 5-6).
Regarding claim 16, McShane discloses in which the fence panel (A in annotated Figure 2 above) has a second hinge (upper member 40 on A in annotated Figure 2 above) and a third hinge (lower member 40 on A in annotated Figure 2 above), and the latch (22 on B in annotated Figure 2 above, and mesh 10 on B in annotated Figure 2 above) also has a second latch pin (lower member 32 on B in annotated Figure 2 above), wherein, in the first position (see Fig. 5), the first latch pin is disposed through the second hinge (see Fig. 5) and the second latch pin is disposed through the third hinge (see Fig. 5).
Regarding claim 17, McShane discloses a fencing system, comprising:
a first panel (E in annotated Figure 2 below) and a second panel (F in annotated Figure 2 below), the first and second panels being identical (see Fig. 2); each of the first and second panels having an outboard hinge (40), the hinges residing proximate to each other;
a post (38 of G in annotated Figure 2 below);
a latch (22 of G in annotated Figure 2 below), the latch:
residing between the first and second panels (see Fig. 2);
being separable from the first and second panels (see Figs. 1 and 6 for example)
attached to the hinge of the first panel by the post (see Figs. 2 and 5-6), the post being vertically movable relative to both of the latch (see specification Column 2 lines 66-67) and the first panel (see Fig. 6);
having an outboard latch pin (upper member 32 on G in annotated Figure 2 below) residing opposite the attachment to the hinge of the first panel (see Fig. 2), the outboard latch pin defining a first position (see Fig. 5) and a second position (see Fig. 6), in which in the first position the latch pin is connected to the hinge of the second panel and in the second position the latch pin is disconnected from the hinge of the second panel (see Figs. 5-6); and
a handle (30 and 34 on G in annotated Figure 2 below), the handle extending from the post outboard of the attachment to the hinge of the first panel and including a first element (upper member 30 on G in annotated Figure 2 below) attached to the latch, a second element (lower member 30 on G in annotated Figure 2 below) attached to the latch, and an intermediate element (34 on G in annotated Figure 2 below) connected to both the first and second elements.
PNG
media_image4.png
507
501
media_image4.png
Greyscale
Figure 4. Annotated Figure 2.
Regarding claim 18, McShane discloses in which the latch (22 of G in annotated Figure 2 above) has an aperture (opening in 26 that accepts 38), it being the aperture that is attached to the hinge of the first panel (40 on F in annotated Figure 2 above).
Regarding claim 19, McShane discloses in which the latch pin (upper member 32 on G in annotated Figure 2 above) is biased by gravity to the first position (see Fig. 5).
Regarding claim 21, McShane discloses in which the latch (22 of G in annotated Figure 2 above) extends in a longitudinal direction (see Figs. 5-6).
Response to Arguments
Applicant's arguments filed 28 April 2026 have been fully considered but they are not persuasive.
Applicant's arguments filed 28 April 2026, page 2, recites: “…McShane does not disclose a latch separable from a fence gate as set forth in amended Claims 1 and 9, nor does McShane disclose a fence latch separable from panels of a fencing system. Accordingly, McShane cannot anticipate Claims 1, 9, or 17…”. Examiner respectfully disagrees. Examiner notes that the term “separable” is intended use language and only requires the referenced members to be capable of separating from one another. Accordingly, the latch of claims 1 and 9 (22 on B in annotated Figure 2 above, mesh 10 on B in annotated Figure 2 above, and B in annotated Figure 2 above) is capable of separating from a fence gate and a fence panel (members A and C in annotated Figure 2 above). Further, the latch of claim 17 (22 of G in annotated Figure 2 above) is capable separating from the fence gate and the fence panel (members E and F in annotated Figure 2 above). Accordingly, Applicant’s arguments are not persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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 ZACHARY A HALL whose telephone number is (571)272-5907. The examiner can normally be reached Monday through Thursday 8:00am to 4:00pm.
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, Amber Anderson can be reached at 571-270-5281. 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.
/ZAH/ Examiner, Art Unit 3678
/AMBER R ANDERSON/ Supervisory Patent Examiner, Art Unit 3678
Prosecution Insights