Response to Amendment
This action is responsive to applicant’s amendment and remarks received on 04/27/2026. Claims 1-16, 18 and 20-27 have been presented for examination. Claim 19 has been cancelled. Claims 1-16, 18 and 20-27 have been examined.
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, 18 and 20-26 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), Jacobs (Pat. No.: 4,819,463) .and Sato (Pub. No.: 2010/0109837 A1)
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)
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 (¶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 the electronic key is configured to record an identifier for a use of the electronic key and a date and time of each activation of the electronic key.
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.
However, Sato discloses it is known for an electronic key to be configured to record an identifier for a use of the electronic key and a date and time of each activation of the electronic key (fig. 5 and ¶0072-¶0075).
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 key of Zhai to store a date and time of each activation of the electronic key.
One skilled in the art would be motivated to modify Zhai as described above in order to keep an electronic log of usage of the key.
2) In regard to claim 2 (dependent on claim 1), Zhai, Kurtz, Jacobs and Sato 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, Jacobs and Sato 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, Jacobs and Sato 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, Jacobs and Sato 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, Jacobs and Sato 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, Jacobs and Sato 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, Jacobs and Sato 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, Jacobs and Sato 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, Jacobs and Sato 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, Jacobs and Sato further disclose the security device of Claim 10.
Zhai, Kurtz, Jacobs and Sato 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, Jacobs and Sato further disclose the security device of Claim 10.
Zhai, Kurtz, Jacobs and Sato 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, Jacobs and Sato 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, Jacobs and Sato 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, Jacobs and Sato 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, Jacobs and Sato 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, Jacobs and Sato further disclose the security device of Claim 1, 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 (Kurtz fig. 1).
19) In regard to claim 20 (dependent on claim 1), Zhai, Kurtz, Jacobs and Sato further disclose the security device of Claim 1.
Zhai, Kurtz, Jacobs and Sato do not explicitly disclose the 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.
20) In regard to claim 21 (dependent on claim 1), Zhai, Kurtz, Jacobs and Sato 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).
21) In regard to claim 22 (dependent on claim 1), Zhai, Kurtz, Jacobs and Sato further disclose the security device of Claim 1, wherein the opening is defined on an underside of the lock housing (Jacobs fig. 1: 32).
22) In regard to claim 23, claim 23 is rejected and analyzed with respect to claim 1 and the references applied.
23) In regard to claim 24 (dependent on claim 23), claim 24 is rejected and analyzed with respect to claim 6 and the references applied.
24) In regard to claim 25 (dependent on claim 23), claim 25 is rejected and analyzed with respect to claim 11 and the references applied.
25) 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), 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, and affixing the strike plate comprises affixing the strike plate to each of an interior surface and an exterior surface of the inner door, the exterior surface being opposite to the interior surface.
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), and affixing the strike plate comprises affixing the strike plate to each of an interior surface and an exterior surface of the inner door, the exterior surface being opposite to the interior surface (fig. 4 shows the element 38 affixed the strike plate to an interior portion of the glass door, and element 45 affixes the strike plate to the exterior portion of the glass door).
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 with respect to the amended claims, based solely on the amendments to the claims, have been considered but are moot because the arguments do not apply to the combination of the references including new prior art being used in the current new grounds of rejection for the newly added limitations to the claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached on 571-272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CURTIS J KING/Primary Examiner, Art Unit 2685
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