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 .
This Office Action is in response to applicant’s amendment filed on 8/28/26.
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) 1-5, 9, and 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 9,476,228 to Karez et al (Karez) in view of US Pat No 4,514,996 to Sjogren and US Pat No 9,284,747 to Ward.
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Regarding claim 1, Karez discloses a gate latch assembly mountable to a gate or post having at least one opening formed therein to provide access to a common axis extending through the gate or post (fig 14).
The latch assembly comprises a latch (200), a remote actuating unit (90, 100) and a guide (22) formed separate to the latch and separate to the remote actuating unit. The guide is configured to be mounted between the gate or post and the latch.
The latch and the remote actuating unit are configured to be connected by a connector (104) which connects the latch to the remote actuating unit via at least one opening formed in the gate or post.
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The guide comprises a body adapted for locating on the gate or post. The guide body has two apertures (40a and 40b) formed therein, one of which is configured to align with the common axis so as to receive the connector therethrough. The guide body defines a reference axis adapted to be aligned in a vertical direction of the gate or post.
The remote actuating unit is adapted for locating on the gate or post.
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The guide body is configured to be mounted between the gate or post and the latch such that the guide facilitates installing the latch and the remote actuating unit aligned with the common axis.
Karez fails to disclose that the guide body has two installation markers associated with the two apertures and that the remote actuating unit comprises an installation marker that is aligned with one of the installation markers of the guide body in a horizontal plane that is substantially perpendicular to the reference axis when the latch and remote actuator are aligned with the common axis.
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Karez illustrates that the unit and the latch comprise details that anyone can use as a marker for installation along the vertical direction defined by the reference axis.
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Sjogren teaches that it is well known in the art to have a mounting plate that also serves as a template plate (34) so as to make the corresponding drill holes without the use of a template tool.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the guide plate described by Karez used as a template, as taught by Sjogren, in order to use the same member for installation and use, instead of additional members.
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Ward teaches that it is well known in the art to provide a guide with an installation marker associated with an aperture (160), and a remote member that is provided also with an installation marker that is aligned with the installation marker of the guide in a horizontal plane that is substantially perpendicular to a reference axis when the guide and the remote member are aligned with the common axis.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the guide plate and the remote unit described by Karez with markers intended as installation markers aligned with a common axis, as taught by Ward, in order to help the user to properly install the assembly in the structure without the use of another tool.
As to claim 2, Karez discloses that the guide body includes an edge that in use is positioned adjacent to an edge of the door. Ward teaches that the guide includes an edge that in use is positioned adjacent an edge of the door, and the installation marker is formed on the edge of the guide body so as to be visible from a side of door.
As to claim 3, Karez, as modified by Ward, teaches that the guide body is adapted so that each installation marker resides on the same plane as its respective aperture.
As to claim 4, Karez discloses that the base (22) includes a main portion (39) and further comprising at least one flange (at 36) extending substantially perpendicular from the main portion of the body, the at least one flange including an inner surface, the at least one flange being adapted to facilitate fixing the guide body to a side of the gate or post.
As to claim 5, Karez discloses that the two apertures (40a, 40b) are formed in the main portion of the base (22) so that they are coplanar.
As to claim 9, Karez, as modified by Ward, teaches that the remote actuator (90, 100) overlies an edge of the gate or post so that the installation marker on the remote actuator is visible from the side of the gate or post (by flange 92).
As to claim 11, Karez discloses that the connector (104) is adapted to be inserted through the opening in the gate or post extending along the common axis and co-operable between the remote actuating unit and the latch via the at least one aperture of the base.
As to claim 12, Karez discloses that the latch and remote actuator each include connector portions for receiving opposed ends of the connector so as to allow for axial and/or rotation drive between the latch and remote actuator (at 80, 96).
As to claims 13 and 14, Karez, as modified by Ward, teaches a method of installing a gate latch assembly as claimed.
Claim(s) 6 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 9,476,228 to Karez et al (Karez) in view of US Pat No 4,514,996 to Sjogren, US Pat No 9,284,747 to Ward and further in view of US Pat No 2,634,507 to Boatwright.
As to claim 6, Karez, as modified by Sjogren and Ward, fails to disclose that the guide body further comprises a pre-formed hole and each aperture is spaced equidistance from the pre-formed hole, such that when the body is rotated substantially about 180°, the position of the two apertures is in a mirrored orientation to suite installing on either one of opposed sides of the gate or post.
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Karez discloses another embodiment (see above), wherein the base appears to being provided with a pre-formed hole.
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Boatwright teaches that it is well known in the art to provide a guide body (10) with a pre-formed hole (54, 56) and apertures (22, 24) spaced equidistance from the pre-formed hole, such that when the body is rotated substantially about 180°, the position of the two apertures is in a mirrored orientation to suite installing on either one of opposed sides of the gate or post.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the guide body described by Karez, as modified by Sjogren and Ward, with pre-formed apertures and the rotation of the guide body to mirror orientation, as taught by Boatwright, in order to allow the guide body to be able to install the assembly in either orientation.
As to claim 8, Karez, as modified by Ward and Boatwright, teaches that the pre-formed hole is linearly aligned with both apertures.
Response to Arguments
The applicant argues the rejection, based on Ward not teaching vertical movement, so as to align in the vertical direction.
As mentioned above, Ward is only used to demonstrate that it is well known in the art to provide markers.
The rejection is in view of Karez, as modified by Ward. Karez device is capable of being vertically moved so as to align the two elements of the device.
Since no argument is persuasive, and the examiner will not change the position shown above, in order to expedite prosecution, applicant can file an appeal brief to allow the Board of Appeals to decide.
Prosecution has been closed.
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.
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/Carlos Lugo/
Primary Examiner
Art Unit 3675
September 24, 2026
