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 9/17/25.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, 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 and 9-14 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 gate latch assembly includes a latch (200), and a remote actuating unit (90, 100).
The latch and the remote actuating unit are configured to be connected via at least one opening aligned along a common axis formed in the gate or post.
Karez fails to disclose a guide that is formed separate to the latch and separate to the remote actuating unit, and that comprises a body adapted for affixing to the gate or post, the guide body having two apertures formed therein one of which is configured to align with the common axis when the body is affixed to the gate or post, the guide body having two installation markers associated with the two apertures.
Also, Karez fails to disclose that the remote actuating unit comprises an installation marker that is aligned with one of the installation markers of the guide body when the latch and remote actuator are aligned with the common axis.
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As shown above, Karez discloses that the latch assembly comprises a base (22) that the user will install on the gate or post. The base defines apertures along the main body and the flanges. The user, when positioning the base on the gate or post, can create a circle where the apertures are located, so as to drill and create the apertures on the surface of the structure. The base is mounted between the gate or post and the latch such that the base facilitates installing the latch and remote actuating unit aligned with the common axis. The base defines a reference axis adapted to be aligned in a direction of the gate or post.
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Also, as shown above, Karez illustrates that the remote actuating unit (300) comprises a marker that can be used as an installation marker for helping the user to aligned and mount the unit with respect to the latch along a common axis.
The base plate (22) also comprises another marker like the opening at 42, that the user can align with the aperture at 93. When the two structures are positioned on the gate or post, the assembly will be aligned, and the user can draw a circle at the apertures and then drill. Also, any other surface on the base and the remote actuating unit can be used as a marker. The markers are aligned in a plane or are coplanar that is substantially perpendicular to 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.
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Ward teaches that it is well known in the art to provide installation markers, one related to an aperture (160) on a guide member and the other one on a member (116) on the other side of the door, so as to properly install the assembly in the structure.
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 base plate described by Karez as a template/mounting plate, as taught by Sjogren, and to add markers, 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, Ward teaches that the guide body 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 discloses 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 10, Karez discloses that the assembly further comprises a connector (104) for connecting the latch to the remote actuating unit.
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
With respect to the drawing objection and 112 2nd paragraph rejection to claim 7, the current amendment overcomes the issues.
With respect to the prior art rejection, the applicant argues that the markers of the remote actuating unit is aligned with the markers of the guide body in a plane that is perpendicular to the remote axis.
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As clearly shown above, Karez teaches that the markers are coplanar or in a plane that is perpendicular to the reference axis. Therefore, the rejection is maintained.
Since no argument is persuasive and the examiner will still be maintaining his position, as clearly shown above and during prosecution of the parent case and interview on the parent case, in order to expedite prosecution, applicant can file and appeal brief in order to allow the Board of Appeals to decide.
Prosecution has been closed.
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 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
October 8, 2025