Response to Amendment
This action is responsive to applicant’s amendment and remarks received on 09/18/2025. Claims 1-16 and 18-27 have been presented for examination. Claim 17 has been cancelled, and new claim 27 was added. Claims 1-16 and 18-27 have been examined.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/18/2025 has been entered.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-16 and 18-26 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Zhai (Pub. No.: 2004/0027236 A1) in view of Kurtz (Pat. No.: 3,931,723) and Jacobs (Pat. No.: 4,819,463).
1) In regard to claim 1, Zhai discloses the claimed security device for protecting items from theft (figs. 1-4), the security device comprising:
a lock (fig. 2: lock) comprising a lock housing adapted to be affixed to an outer door of a cabinet, the lock housing comprising a lock mechanism (¶0199), the lock mechanism (fig. 2: 11 and 12) comprising a motor configured to move an actuator relative to the lock housing (fig. 2: 10); and
a strike plate (fig. 2: 9);
wherein the lock mechanism is configured to receive electrical power for moving the actuator into engagement with the strike plate in the locked configuration or out of engagement with the strike plate in an unlocked configuration (¶0031 and ¶0199).
Zhai does not explicitly disclose the strike plate is affixed to an inner door of the cabinet, the lock mechanism configured to lock the outer door relative to the inner door in a locked configuration, and the lock housing comprises an opening and the strike plate comprises opposed outwardly extending surfaces that are configured to be at least partially received by the opening in the locked configuration when the lock housing is moved relative to the strike plate.
However, Kurtz discloses it has been known for a strike plate (fig. 1: 23) to be affixed to an inner door of the cabinet (fig. 1: 11), a lock mechanism (fig. 2: 39) configured to lock the outer door (fig. 1: 10) relative to the inner door in a locked configuration (fig. 1 shows the locking mechanism is locked to a first piece of the fixture relative to the second piece of the fixture in a locked configuration).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the claimed invention was filed to allow the device of Zhai strike plate to be configured to be affixed to a second piece of the fixture, as taught by Kurtz.
One skilled in the art would be motivated to modify Zhai as described above in order to use a known alternative technique for securing a locking device to a merchandise fixture.
Furthermore, Jacobs discloses it is known for a cabinet lock housing (fig. 1: 30) to have an opening (fig.1: 32) and the strike plate (fig.1: 18) comprises opposed outwardly extending surfaces that are configured to be at least partially received by the opening in the locked configuration when the lock housing is moved relative to the strike plate (fig. 1: 26 discloses as teeth).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the claimed invention was filed to allow the lock housing of Zhai to have an opening and the opening of the lock housing to be received by extended surfaces of the strike plate, as taught by Jacobs.
One skilled in the art would be motivated to modify Zhai as described above in order to use a known configuration for securing a lock housing to a strike plate, thereby, securing the fixture from entry.
2) In regard to claim 2 (dependent on claim 1), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 1, wherein the lock mechanism is electrically passive (Zhai fig. 4 and ¶0019).
3) In regard to claim 3 (dependent on claim 1), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 1.
Zhai, Kurtz, and Jacobs do not explicitly disclose an indicator for indicating a state of the lock mechanism.
However, official notice is taken by the examiner that both the concept and advantage is known for a locking system to include an indicator for indicating a state of a locking mechanism.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the claimed invention was filed to allow the device of Zhai to indicate the state of the locking mechanism.
One skilled in the art would be motivated to modify Zhai as described above in order to provide a visual indication to a user of the key the current state of the lock.
4) In regard to claim 4 (dependent on claim 1), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 1, wherein the strike plate has an opening formed therein (Kurtz fig. 1: 26), and wherein the actuator is configured to move into engagement with the opening in the locked configuration and to move out of engagement with the opening in the unlocked configuration (Kurtz fig. 1: 61).
5) In regard to claim 5 (dependent on claim 1), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 1, wherein the lock mechanism is configured to receive electrical power from an electronic key for moving the actuator into engagement with the strike plate in the locked configuration, and wherein the lock mechanism is configured to receive electrical power from the electronic key for moving the actuator out of engagement with the strike plate in an unlocked configuration (Zhai ¶0031 and ¶0199).
6) In regard to claim 6 (dependent on claim 1), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 1, wherein the lock housing and the strike plate are each configured to be affixed to the cabinet without the need to provide a hole, an opening, or a recess in or through the cabinet (Kurtz fig. 1 shows no hole or opening is made on the fixture).
7) In regard to claim 7 (dependent on claim 1), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 1, wherein the outer door and the inner door are configured to slide relative to one another (Kurtz fig. 1) and to overlap with one another in the unlocked configuration (Jacobs fig. 1).
8) In regard to claim 8 (dependent on claim 1), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 1, wherein the lock housing does not comprise an internal source of electrical power or means for generating or storing potential energy for operating the lock mechanism (Zhai fig. 3).
9) In regard to claim 9 (dependent on claim 1), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 1, wherein each of the lock housing and the strike plate are affixed to the cabinet with a pressure-sensitive adhesive (Kurtz fig. 3: 62).
10) In regard to claim 10 (dependent on claim 1), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 1, further comprising the electronic key configured to transfer electrical power to the lock to operate the lock mechanism in response to activation of the electronic key (Zhai fig. 3: key).
11) In regard to claim 11 (dependent on claim 1), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 10.
Zhai, Kurtz, and Jacobs do not explicitly disclose the electronic key is configured to transfer electrical power to the lock by inductive transfer in response to actuating a button on the electronic key.
However, official notice is taken by the examiner that both the concept and advantage is known for a locking system to transfer electrical power in response to a button being pressed.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the claimed invention was filed to allow the device of Zhai to transfer electrical power in response to a button being pressed.
One skilled in the art would be motivated to modify Zhai as described above in order to conserve energy by providing power only when the button is pressed.
12) In regard to claim 12 (dependent on claim 10), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 10.
Zhai, Kurtz, and Jacobs do not explicitly disclose the electronic key is programmed with a security code and is configured to communicate the security code with the lock by wireless communication, and wherein the lock mechanism is only operated if the security code of the electronic key matches the security code of the lock.
However, official notice is taken by the examiner that both the concept and advantage is known for a locking system security code to be programmed into a key to unlock a lock.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the claimed invention was filed to allow the locking device of Zhai to be programmed with a security code.
One skilled in the art would be motivated to modify Zhai as described above in order to insure an authorized key is able to unlock the locking device.
13) In regard to claim 13 (dependent on claim 12), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 12.
Zhai, Kurtz, and Jacobs do not explicitly disclose the electronic key is configured to communicate the security code with the lock by infrared (IR) optical transmission.
However, official notice is taken by the examiner that both the concept and advantage is known for a locking system to communicate via infrared optical transmission.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the claimed invention was filed to allow the device of Zhai to communicate via infrared technology.
One skilled in the art would be motivated to modify Zhai as described above in order to use a known communication technique to allow a key and lock to communicate with one another.
14) In regard to claim 14 (dependent on claim 1), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 1, wherein each of the lock housing and the strike plate comprises at least one engagement member configured to engage with one another in the locked configuration in response to movement of the outer door relative to the inner door (Kurtz col. 7, lines 26-30).
15) In regard to claim 15 (dependent on claim 14), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 14, wherein the at least one engagement member of the lock housing is configured to engage the at least one engagement member of the strike plate in response to sliding the lock housing and the strike plate relative to one another (Kurtz col. 7, lines 26-30).
16) In regard to claim 16 (dependent on claim 14), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 14, wherein the at least one engagement member of the lock housing is fixed relative to the lock housing, and wherein the at least one engagement member of the strike plate is fixed relative to the strike plate (Kurtz col. 7, lines 26-30 and fig. 1).
17) In regard to claim 17 (dependent on claim 1), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 1.
Zhai, Kurtz, and Jacobs do not explicitly disclose no physical force is required to be exerted by the electronic key on the lock mechanism in order to unlock the lock mechanism.
However, official notice is taken by the examiner that both the concept and advantage is known for a locking system to be configured to allow a lock to be unlock without exerting physical force on the key.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the claimed invention was filed to allow the device of Zhai to be unlocked without any physical force.
One skilled in the art would be motivated to modify Zhai as described above in order to allow the locking device to be easily locked and unlocked.
18) In regard to claim 18 (dependent on claim 1), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 1, wherein the lock mechanism is configured to receive electrical power from an electronic key in response to activation of the electronic key for moving the actuator out of engagement with the strike plate, and wherein the lock mechanism is configured to receive electrical power from the electronic key in response to subsequently activating the electronic key for moving the actuator into engagement with the strike plate in the locked configuration (Zhai ¶0149 and Kurtz fig. 1).
19) In regard to claim 19 (dependent on claim 18), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 18.
Zhai, Kurtz, and Jacobs do not explicitly disclose the electronic key is configured to record an identifier for a user of the electronic key and a date and time of each activation of the electronic key.
However, official notice is taken by the examiner that both the concept and advantage is known for a locking system to include a memory to store an identifier and timestamp of a user.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the claimed invention was filed to allow the device of Zhai to store in the memory an identifier and a timestamp of a user.
One skilled in the art would be motivated to modify Zhai as described above in order to keep a log of unlocking the lock.
20) In regard to claim 20 (dependent on claim 1), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 1.
wherein the actuator is a plunger, and wherein the motor is configured to extend and retract a plunger relative to the lock housing.
However, official notice is taken by the examiner that both the concept and advantage is known for a locking system to utilize a plunger to extend and retract to lock and unlock a locking device.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the claimed invention was filed to allow the device of Zhai to utilize a plunger to lock and unlock the locking device by extending and retracting the plunger.
One skilled in the art would be motivated to modify Zhai as described above in order to use a known technique for a locking device to lock and unlock the locking device.
21) In regard to claim 21 (dependent on claim 1), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 1, wherein the opening is defined by a pair of grooves, each of the grooves configured to at least partially receive a respective outwardly extending surface of the strike plate (Jacobs fig. 1: 26).
22) In regard to claim 22 (dependent on claim 1), Zhai, Kurtz, and Jacobs further disclose the security device of Claim 1, wherein the opening is defined on an underside of the lock housing (Jacobs fig. 1: 32).
23) In regard to claim 23, claim 23 is rejected and analyzed with respect to claim 1 and the references applied.
24) In regard to claim 24 (dependent on claim 23), claim 24 is rejected and analyzed with respect to claim 6 and the references applied.
25) In regard to claim 25 (dependent on claim 23), claim 25 is rejected and analyzed with respect to claim 11 and the references applied.
26) In regard to claim 26 (dependent on claim 23), claim 26 is rejected and analyzed with respect to claim 14 and the references applied.
Claim 27 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Zhai (Pub. No.: 2004/0027236 A1) in view of Kurtz (Pat. No.: 3,931,723) and Jacobs (Pat. No.: 4,819,463) and further in view of Lu (Pub. No.: 2008/0196458 A1).
1) In regard to claim 27, Zhai discloses the claimed security device for protecting items from theft (figs. 1-4), the security device comprising:
a lock (fig. 2: lock) comprising a lock housing adapted to be affixed to an outer door of a cabinet, the lock housing comprising a lock mechanism (¶0199), the lock mechanism (fig. 2: 11 and 12) comprising a motor configured to move an actuator relative to the lock housing (fig. 2: 10); and
a strike plate (fig. 2: 9),
wherein the lock mechanism is configured to receive electrical power for moving the actuator into engagement with the strike plate in the locked configuration or out of engagement with the strike plate in an unlocked configuration (¶0031 and ¶0199)
.
Zhai does not explicitly disclose the strike plate is affixed to an inner door of the cabinet, the lock mechanism configured to lock the outer door relative to the inner door in a locked configuration, and the lock housing comprises an opening and the strike plate comprises opposed outwardly extending surfaces that are configured to be at least partially received by the opening in the locked configuration when the lock housing is moved relative to the strike plate, and no physical force is required to be exerted by a key on the lock mechanism in order to unlock the lock mechanism.
However, Kurtz discloses it has been known for a strike plate (fig. 1: 23) to be affixed to an inner door of the cabinet (fig. 1: 11), a lock mechanism (fig. 2: 39) configured to lock the outer door (fig. 1: 10) relative to the inner door in a locked configuration (fig. 1 shows the locking mechanism is locked to a first piece of the fixture relative to the second piece of the fixture in a locked configuration).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the claimed invention was filed to allow the device of Zhai strike plate to be configured to be affixed to a second piece of the fixture, as taught by Kurtz.
One skilled in the art would be motivated to modify Zhai as described above in order to use a known alternative technique for securing a locking device to a merchandise fixture.
Furthermore, Jacobs discloses it is known for a cabinet lock housing (fig. 1: 30) to have an opening (fig.1: 32) and the strike plate (fig.1: 18) comprises opposed outwardly extending surfaces that are configured to be at least partially received by the opening in the locked configuration when the lock housing is moved relative to the strike plate (fig. 1: 26 discloses as teeth).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the claimed invention was filed to allow the lock housing of Zhai to have an opening and the opening of the lock housing to be received by extended surfaces of the strike plate, as taught by Jacobs.
One skilled in the art would be motivated to modify Zhai as described above in order to use a known configuration for securing a lock housing to a strike plate, thereby, securing the fixture from entry.
In addition, Lu discloses it has been known for a lock to use electrical power from a key to power a motor to extend and retract a plunger (¶0019-¶0020 and claim 7).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the claimed invention was to allow the lock of Zhai to receive power from the key to power a motor, as taught by Lu.
One skilled in the art would be motivated to modify Zhai as described above in order to use a known technique which would allow a lock to receive power to lock and unlock the lock, as taught by Lu (¶0009).
Response to Arguments
Applicant's arguments filed on 09/18/2025 have been fully considered but they are not persuasive.
As to claims 1 and 23, on page 6 of applicant’s response, applicant argues:
“Applicant respectfully disagrees with the rejection of independent Claims 1 and 23 and contends that the Examiner has established a prima facie case of obviousness. In this regard, Jacobs discloses an entirely different lock configuration than that of Kurtz. It’s unclear why one skilled in the art would even look to Jacobs given that Kurtz discloses by-passing slidable closure panels, whereas Jacobs discloses two swinging glass doors meeting along a vertical line. In addition, Jacob’s discloses a lock cylinder block that is not mounted to either door. Moreover, it’s unclear even if these references were combined, how Jacob’s teachings would be incorporated into Kurtz’s lock. For instance, Kurtz discloses that the keeper 22 is mounted flush to an inner panel, so it does not seem that Jacob’s lock cylinder block would even be possible to be used with such a keeper, which is directly related to the fact that Kurtz and Jacobs are directed to very different locking situations. The Examiner’s reason for making the modification only generally states that “one skilled in the art would be motivated to modify Zhai as described above in to order to use a known configuration for securing a lock housing to a strike plate, thereby, securing the fixture from entry.” However, Zhai does not provide any disclosure relating to a lock housing or strike plate, and it is illogical to believe that Kurtz’s and Jacob’s teachings are someone interchangeable given their disparate locking configurations.”
The examiner respectfully disagrees with applicant’s argument, because Kurtz discloses a locking mechanism 21 which slides within the securing mechanism 22 on the door of the merchandise cabinet. It would have been obvious to one of ordinary skill in the art to not have the locking mechanism of Kurtz to slide within the securing mechanism but slide over the mechanism. Jacobs shows a locking mechanism 30 which slides over a securing mechanism 24. Hence, the securing mechanism of would not change orientation it would just have a change in configuration to allow the securing mechanism to slide over it and secure the cabinet doors. Thus, applicant arguments are not persuasive and the rejection is maintained.
As to claims 1 and 23, on pages 6-7 of applicant’s response, applicant argues:
“Applicant submits that Kurtz teaches away from the Examiner's proposed modification outlined in the Response to Arguments. In this regard, Applicant submits that the proposed modification would render Kurtz unsatisfactory for its intended purpose (see MPEP §2143.0l(V)). Kurtz discloses a rotatable lock plug 24 that is configured to engage a keeper 22 (see FIG. 1). The plug 24 includes a rotatory latch member 51 having latch ears 51a that rotate into and out of engagement with the keeper 22 (see col. 4, lines 54-60). In particular, the latch ears slide within and rotate into and out of engagement with the flanges 68 of keeper 22 (see FIGs. 1 and 5). If Kurtz's lock was modified in a way that the keeper slides within the lock housing as proposed by the Examiner, Kurtz's rotatable plug would be unable to function in its intended manner, i.e., the plug would be unable to rotate and slide as intended for locking and unlocking the lock. Because the Examiner's proposed modification would render the cited reference unsatisfactory for its intended purpose, the reference teaches away from the claimed invention (see McGinley v. Franklin Sports, Inc., 262 F.3d 1339 (Fed. Cir. 2001) (references teach away when the proposed modification produces an inoperative device)). Because there is no teaching or suggestion to modify the references to arrive at the claimed invention, the Examiner has not supported a finding of prima facie obviousness regarding Claims 1 and 23.”
The examiner respectfully disagrees with applicant’s argument, because Kurtz shows the locking mechanism slides within the attachment device and the locking device is secured to the casing. The modification would have the locking device slide over the attaching device and be secured to the casing. Thus, the modification is within one of ordinary skill in the art to modify how the locking device is secured to the casing. Thus, applicant arguments are not persuasive and the rejection is maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CURTIS J KING whose telephone number is (571)270-5160. The examiner can normally be reached Mon-Fri 6:00 - 2:00 EST.
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/CURTIS J KING/Primary Examiner, Art Unit 2685