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 .
Response to Arguments
Applicants’ arguments filed 6/24/2026 have been fully considered but they are not all persuasive.
The examiner agrees with the arguments regarding the previous 112a rejections, drawing objections, and specification objections as the new amendments are conveyed with reasonable clarity in the original disclosure.
The examiner respectfully disagrees that the amendments overcome US ‘746 in claim 11. Although the examiner agrees 94 cannot be inserted through a standard latch bore, the examiner respectfully disagrees this is required by the claim. It’s the examiner’s position that as long as a portion of the housing and latch assembly can be inserted into a latch bore, the limitations “latch assembly configured for insertion into the latch bore” and “a housing configured for insertion into the latch bore via the latch edge” are met.
The examiner respectfully disagrees that the amendments overcome US ‘746 in claim 20. The examiner respectfully disagrees that the motor being inserted through the latch bore is required by the claims. Like above the examiner’s position that as long as a portion of the latch assembly is inserted into the latch bore the limitation “inserting the latch assembly into the latch bore via the latch edge” is met. Kwon US 20190301202 A1 has been introduced to teach details of installation.
The examiner respectfully disagrees that the amendments to claim 25 overcome US ‘746. As US ‘746 teaches a drive cam 60 (“a rotating or sliding piece in a mechanical linkage used especially in transforming rotary motion into linear motion or vice versa” – Merriam-Webster), further the pinion can be reinterpreted to 75. The examiner would also like to note the lateral movement axis and the lateral rotational axis are not presently required by the claim to be parallel or extend in the same direction.
Drawings
The present drawing amendments are accepted and are not considered new matter as the examiner agrees with the arguments of the present remarks.
Specification
The present specification amendments are accepted and are not considered new matter as the examiner agrees with the arguments of the present remarks.
Claim Rejections - 35 USC § 112
The previous 112 rejections are overcome by the present amendments and arguments.
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.
(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) 3-4 and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen US 20230134746 A1 (hereinafter US ‘746).
In regards to claim 3, US ‘746 teaches the latch assembly of claim 1, claim 25, further comprising a bolt bar (US ‘746: 82); wherein the bolt bar is engaged with the rack member such that movement of the rack member in the first linear retracting direction retracts the bolt bar (US ‘746: see fig 2); and wherein the bolt bar is engaged with the latchbolt such that the latchbolt adopts the retracted position in response to retraction of the bolt bar (US ‘746: see fig 2).
In regards to claim 4, US ‘746 teaches the latch assembly of claim 3; wherein the bolt bar is configured to retract in response to rotation of the drive cam from the home position to the rotated position to thereby retract the latchbolt (US ‘746: para 20).
In regards to claim 25, US ‘746 teaches a latch assembly, comprising: a tubular housing (90 and 94; both are tubular portions forming a tubular housing) extending along a lateral movement axis (left to right wrt fig 3) defining a retracting direction (left wrt fig 3) and an extending direction (right wrt fig 3) opposite the retracting direction; a rack member (80) mounted within the tubular housing for linear movement in the extending direction and the retracting direction (see figs 4 and 5); a latchbolt (84) mounted in the tubular housing for sliding movement along the lateral movement axis (see fig 3), wherein the latchbolt is biased in the extending direction (at least via 85) and engaged with the rack member such that linear movement of the rack member causes a corresponding movement of the latchbolt along the lateral movement axis (see fig 2); a drive cam (60) rotatably mounted to the tubular housing and configured to retract the latch bolt when the drive cam is rotated about a first longitudinal rotational axis (axis of 60 at least as its’ longitudinal wrt 40) from a home position to a rotated position (para 20); a pinion (75) engaged (at least indirectly/operationally) with the rack member such that rotation of the pinion about a second longitudinal rotational axis (see fig 2; at least as it's in the longitudinal direction of 40) causes a corresponding linear movement of the rack member (see fig 3); and a motor (72) operable to a lateral rotational axis (see fig 2 at least lateral with respect to 74); and a gear train (at least 74) engaged between the motor and the pinion and configured convert the rotation about the lateral rotational axis to rotation of the pinion about the second longitudinal rotational axis (see fig 2), thereby causing the rack member to move the latchbolt along the lateral movement axis (see fig 2).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over US ‘746 as applied to claim 3-4 and 25 above, and further in view of Murphy US 20170275912 A1 (hereinafter Murphy).
In regards to claim 2, US ‘746 in view of CN ‘297 teaches the latch assembly of claim 25, wherein the tubular housing is sized and shaped to be received within a latch bore (US ‘746: bore for 94 and/or bore for 90 note para 60 of instant app).
However, US ‘746 does not teach the latch bore has a diameter of one inch. This is because US ‘746 does not teach any specific dimensions.
Murphy teaches a similar device (see fig 1) mounted within a latch bore having a diameter of one inch (para 23).
It would have been obvious to one of ordinary skill in the art, before the time of filing of the invention, to have US ‘746’s latch assembly be in a one inch bore in order to provide for a well-known standard bore allowing simple assembly.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US ‘746 as applied to claim 3-4 and 25 above, and further in view of Fan US 7261341 B2 (hereinafter Fan).
In regards to claim 5, US ‘746 in view of CN ‘297 teaches the latch assembly of claim 3, wherein the rack member is operable to push the bolt bar in the first linear retracting direction to thereby retract the bolt bar (US ‘746: para 20).
However, US ‘746 is silent on and wherein the rack member is inoperable to drive the bolt bar in the extending direction. Although this is likely the case.
Fan teaches a similar device wherein a driving member (50) is inoperable to drive the bolt (20) bar in the extending direction (at least while the bolt is blocked (note fig 11; the spring drives to the extended position).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have provided US ‘746 the rack member is inoperable to drive the bolt bar in the extending direction such as in Fan in order to provide for a well-known and conventional latch bolt which would prevent back driving while latching.
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US ‘746 as applied to claim 3-4 and 25 above, and further in view of Seacat US 20200149317 A1 (hereinafter Seacat).
In regards to claim 7, US ‘746 in view of CN ‘297 teaches a lockset comprising the latch assembly claim 25, wherein the motor is configured to rotate the pinion in a first rotational direction to thereby cause the rack member to move in the retracting direction (US ‘746: para 20).
the lockset further comprising a trim configured for mounting to a face of a door; wherein the trim comprises a controller configured to transmit to the motor a retract signal in response to a first criterion; wherein the motor is configured to rotate the pinion in a first rotational direction in response to the retract signal to thereby cause the rack member to move in the retracting direction.
However, US ‘746 does not teach a trim configured for mounting to a face of a door; wherein the trim comprises a controller configured to transmit to the motor a retract signal in response to a first criterion wherein the motor is configured to rotate the pinion in the first rotational direction in response to the retract signal to thereby cause the rack member to move in the retracting direction.
Seacat teaches the lockset further comprising a trim (110 and/or 120) configured for mounting to a face of a door (see fig 1 and para 20); wherein the trim comprises a controller configured to transmit to the motor a retract signal in response to a first criterion (paras 23-24).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the retract signal of US ‘746 supplied by a trim in response to a first criterion, such as in Seacat, as doing so is a well-known way to deny entry to unauthorized persons.
In regards to claim 8, US ‘746 in view of CN ‘297 and Seacat teaches the lockset of claim 7, wherein the latch assembly further comprises a drive cam (US ‘746: 60) operable to retract the bolt when rotated (US ‘746: para 20); and wherein the trim further comprises a spindle (US ‘746: 40) engaged with the drive cam (US ‘746: see fig 2), and a handle (US ‘746: at least the handle of the key 24, see fig 4) operable to rotate the spindle (US ‘746: para 20).
In regards to claim 9, US ‘746 in view of CN ‘297 and Seacat teaches the lockset of claim 7, further comprising a credential reader (Seacat 126); and wherein the controller is configured to transmit the retract signal based upon information received from the credential reader (Seacat paras 23-24).
Claim(s) 11 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over US ‘746 in view of Murphy.
In regards to claim 11, US ‘746 teaches a lockset apparatus configured for mounting to a door including a cross-bore extending longitudinally between a first face of the door and a second face of the door, and a latch bore extending laterally from a latch edge of the door to the cross-bore (note fig 3), the latch bore (bore for 94 and/or bore for 90 note para 60 of instant app) having a diameter, the lockset comprising: a latch assembly (see fig 1) configured for insertion into the latch bore (at least as 90 is), the latch assembly comprising: a housing (90 and 94) configured for insertion into the latch bore via the latch edge (at least do to 90); a latchbolt (84) slidably mounted in the housing; a rack (80) and pinion (71 and/or 60) mechanism comprising a rack (80) operable to retract the latchbolt when the rack is driven in a first lateral direction (para 20), and a pinion (71 and/or 60) operable to drive the rack in the first lateral direction when the pinion is rotated in a first rotational direction about a longitudinal rotational axis (into and out of the page wrt fig. 3); a motor (72) mounted in the housing operable to generate rotation about a lateral rotational axis (rotation of 73; at least lateral wrt 74, see fig 3), wherein the motor is engaged with the latchbolt via the rack and pinion mechanism and is configured to rotate the pinion in the first rotational direction to thereby drive the rack in the first linear direction to thereby retract the latchbolt in response to a retract signal (see fig 3 and para 20); and a gear train (at least 74 and 75) configured to rotate the pinion about the longitudinal rotational axis in response to the rotation about the lateral rotational axis (see fig 2).
However, US ‘746 does not teach the lockset apparatus for a latch bore that has a diameter of one inch. This is because US ‘746 does not teach any specific dimensions.
Murphy teaches a similar device (see fig 1) mounted within a latch bore having a diameter of one inch (para 23).
It would have been obvious to one of ordinary skill in the art, before the time of filing of the invention, to have US ‘746’s latch assembly be in a one inch bore in order to provide for a well-known standard bore allowing simple assembly.
In regards to claim 23, US ‘746 in view of Murphy, teaches the lockset apparatus of claim 11, wherein the rack comprises a linear rack (US ‘746: 81) that extends in the first lateral direction and comprises teeth offset from one another in the first lateral direction (US ‘746: see fig 3).
Claim(s) 12-14 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over US ‘746 in view of Murphy as applied to claims 11 and 23 above, and further in view of Kwon US 20090193859 A1 (hereinafter Kwon).
In regards to claim 12, US ‘746 in view of Murphy and Kwon teaches lockset apparatus of claim 26.
However, as currently modified US ‘746 does not teach wherein the controller is further configured to selectively transmit a return signal; and wherein the motor is configured to extend the latchbolt in response to the return signal.
Murphy teaches wherein the controller is further configured to selectively transmit a return signal (para 76); and wherein the motor is configured to extend the latchbolt in response to the return signal (para 76).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have US ‘746 extend the latchbolt in response to a return signal in order to allow locking easy locking of the door in the case of key idling and/or to reduce user input.
In regards to claim 13, US ‘746 in view of Murphy and Kwon teaches the lockset apparatus of claim 26.
However, as currently modified US ‘746 fails to teach further comprising a credential reader in communication with the controller; wherein the controller is configured to selectively transmit the retract signal based upon information received from the credential reader.
Kwon teaches a credential reader (214, 210 and/or 211) in communication with the controller; wherein the controller is configured to selectively transmit the retract signal based upon information received from the credential reader (paras 67 and 71-72).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have provided US ‘746 with a credential reader such as in Kwon in order to provide for a well-known, convenient and conventional way of unlocking an electronic lock.
In regards to claim 14, US ‘746 in view of Murphy and Kwon teaches the lockset apparatus of claim 13, further comprising a second trim configured for mounting to a second face of the door, wherein the second trim comprises the credential reader (Kwon: see fig 3).
In regards to claim 26, US ‘746 in view of Murphy and Kwon teaches the lockset apparatus of claim 11.
However, US ‘746 does not teach a first trim configured for mounting to the first face of the door, the first trim comprising a controller configured to selectively transmit the retract signal.
Kwon teaches a first trim (100 and/or 200) configured for mounting to a first face of the door (para 44), the first trim comprising a controller (of 126 see para 90) configured to selectively transmit the retract signal (see para 77).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have provided US ‘746 with a trim with a controller such as in Kwon as doing so is a well-known, convenient and established way of providing a controller to an electric lock.
Claim(s) 20-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over US ‘746 in view of Kwon US 20190301202 A1 (hereinafter Kwon).
In regards to claim 20, US ‘746 teaches a method comprising: wherein a latch assembly comprises a motor (72), a bolt (84), a rack member (81) engaged with the bolt, a pinion gear (71 and/or 60) engaged with the rack member, a gear train (at least 74 and 75), and a tubular housing in which the motor, the bolt, the rack member, the pinion gear, and the gear train are mounted; and after installing the latch assembly, operating the latch assembly, the operating comprising: receiving, by the latch assembly, a retract signal (signal which causes 72 to retract); and in response to receiving the retract signal, the motor in a retracting mode (para 20); wherein operating the motor in the retracting mode laterally drives the bolt from an extended position, in which the bolt projects from the latch bore, to a retracted position, in which the bolt is retracted into the latch bore (para 20, also note figs 4-5); wherein operating the motor in the retracting mode comprises: generating, by the motor, a rotation (of 73) about a lateral rotational axis (at least lateral to 74), thereby causing the gear train (at least 74 and 75) to rotate the pinion gear (71 and/or 60) in a first rotational direction about a longitudinal rotational axis (at least as it’s in the same direction as the longitudinal axis of 40); and driving, by the pinion gear, the rack member (81) in a first lateral direction; and wherein the bolt retracts in response to movement of the rack member in the first lateral direction (see para 24).
However, US ‘746 does not teach installing a latch assembly to a door having a first side, a second side, a latch edge extending between the first side and the second side, a cross-bore extending longitudinally between the first side and the second side, and a latch bore extending laterally from the latch edge and intersecting the cross-bore and wherein installing the latch assembly to the door comprises inserting the latch assembly into the latch bore via the latch edge such that a portion of the latch assembly projects into the cross-bore. US ‘746 is silent on specifics on how the latch assembly is installed.
Kwon teaches a latch assembly to a door having a first side, a second side, a latch edge extending between the first side and the second side (see fig 4), a cross-bore (H) extending longitudinally between the first side and the second side (see fig 4), and a latch bore (for 1a) extending laterally from the latch edge and intersecting the cross-bore (see fig 1) and wherein installing the latch assembly to the door comprises inserting a latch assembly (10 and 20) into the latch bore (at least as 20 is insertable) via the latch edge (see fig 4) such that a portion of the latch assembly projects into the cross-bore (see fig 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the method comprise installing the latch assembly to a door having a first side, a second side, a latch edge extending between the first side and the second side, a cross-bore extending longitudinally between the first side and the second side, and a latch bore extending laterally from the latch edge and intersecting the cross-bore and wherein installing the latch assembly to the door comprises inserting the latch assembly into the latch bore via the latch edge such that a portion of the latch assembly projects into the cross-bore in order to provide a well known conventional way of mounting a latch assembly to a door.
In regards to claim 21, US ‘746 in view of Kwon teaches the method of claim 20, wherein the bolt is a latchbolt that is spring-biased toward the extended position (US ‘746 at least via 85).
In regards to claim 22, US ‘746 in view of Kwon teaches the method of claim 20, wherein driving the rack member in the first linear direction comprises moving teeth of the rack member in the first linear direction (US ‘746: see figs 2 and 3).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US ‘746 in view of US ‘746 in view of Kwon as applied to claim 20-22 above, and further in view of Seacat.
In regards to claim 18, US ‘746 in view of Kwon teaches a method of claim 20.
However, US ‘756 does not teach and wherein the method further comprises transmitting, by a trim mounted to a face of the door, the retract signal based upon credential information received from a credential reader.
Seacat teaches transmitting, by a trim (110 and/or 120) mounted to a face of the door (para 20), the retract signal based upon credential information received from a credential reader (126 and paras 23-24).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have transmitted by the trim mounted to the face of the door the retract signal based upon credential information received from a credential reader as it is well known and used to deny entry to unauthorized persons.
In regards to claim 19, US ‘756 in view of Kwon and Seacat teaches method of claim 18.
However as currently modified US ‘756 fails to teach further comprising transmitting, by the trim, a return signal a predetermined period of time following transmission of the retract signal; and in response to receiving the return signal, activating the motor to thereby operate the motor in a returning mode; wherein operating the motor in the returning mode results in movement of the bolt from the retracted position to the extended position.
Seacat teaches transmitting, by the trim, a return signal a predetermined period of time following transmission of the retract signal (para 45); and in response to receiving the return signal, to thereby operate the motor in a returning mode (para 45); wherein operating the motor in the returning mode results in movement of the bolt from the retracted position to the extended position (para 45).
It would have been obvious to one of ordinary skill in the art, before the time of filing of the invention, to have a return signal a predetermined period of time following transmission of the retract signal in order to reduce user input and improve convenience.
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 PETER H WATSON whose telephone number is (571)272-5393. The examiner can normally be reached M-F 9 - 5.
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, Christine M 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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/PETER H WATSON/Examiner, Art Unit 3675
