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 RCE filed on 4/10/26.
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. 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 facilitate installation of the latch assembly.
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. The connector is aligned with a common axis.
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The guide comprises a body adapted for affixing to 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 when the body is affixed to the gate or post (through 40a). The guide body defines a reference axis adapted to be aligned in a direction of the gate or post.
The remote actuating unit is adapted for affixing to 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.
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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 that Karez fails to disclose that the common axis is not aligned with the alleged installation markers.
At the instant, where is that claimed? Here is the current claim:
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As shown, the claim just requires that the installation markers are aligned to each other in a horizontal plane, when the latch and the remote actuator are aligned with the common axis. That is totally different to what the applicant argues.
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Furthermore, that would be impossible. The claim requires that the common axis is aligned with the connector. As shown above, the connector is not aligned with the markers, since they are spaced along the horizontal plane. The connector/ common axis are located parallel to the markers.
Finally, Ward teaches that the markers are aligned to each other along a horizontal plane
that is substantially perpendicular to a reference axis when the guide and the remote member are aligned with the common axis.
Therefore, the argument is not persuasive and the rejection is maintained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS LUGO whose telephone number is (571)272-7058. The examiner can normally be reached M-F 9-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton can be reached at (571)272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Carlos Lugo/
Primary Examiner
Art Unit 3675
May 22, 2026
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