DETAILED ACTION1
CONTINUED EXAMINATION UNDER 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 5, 2026 has been entered.
REJECTIONS UNDER 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.
Claims 1-4 and 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. 9,284,747 to Ward.
Claim 1 recites a backset jig. Ward relates to such a jig (100). See Ward Fig. 2 & col. 1, ll. 13-59. Figure 3 of Ward shows the jig (100) has a frame including a first leg (108) to be positioned adjacent the first side of the door panel in which a lock hole is to be formed. Ward further teaches the frame ha[s] a first alignment tab slot (238), a second alignment tab slot (202), and a third alignment tab slot (206). See Ward col. 4, ll. 7-29, col. 5, ll. 26-36, and Figs. 2-3 & 6-7. Figure 3 of Ward further shows an abutment (104) for abutting the edge of the door panel and a hole saw guide insert (172) having a hole saw guide aperture (178) having a guide aperture center (182).
Claim 1 further recites the hole saw guide insert having a first alignment tab and a second alignment tab, the second alignment tab angularly spaced from the first alignment tab by 90 degrees about the guide aperture center. Figures 6-7 of Ward shows the insert (108) two hemispherical tabs on its bottom that slide laterally within slots (238) of the frame. These two tabs constitute the first alignment tab having an axis defined as the longitudinal axis if the insert. The insert also has a second alignment tab (210) that together define an axis in the width direction of the insert, as shown in figure 7. As such, the two tabs are angularly spaced…by 90 degrees.
Figures 4-5 of Ward show that the hole saw guide insert mountable to the first leg in a first position (Fig. 4) with the second alignment tab inserted into the second alignment tab slot positioning the guide aperture center a first distance from the abutment and in a second position (Fig. 5) with the second alignment tab inserted into the third alignment tab slot positioning the guide aperture center a second distance from the abutment. Finally, Ward teaches that first alignment tab and second alignment tab are formed as a single unit removably detachable from the first leg together as the single unit. See Ward col. 4, ll. 14-15.
Regarding claim 2, Ward teaches that the first alignment tab is inserted into the first alignment tab slot in both the first and second positions because the tabs slide within the slots. Regarding claim 3, figure 3 of Ward shows the first alignment tab cannot be inserted into the second and third alignment tab slots or the second alignment tab cannot be inserted into the first alignment tab slot. Regarding claim 4, figures 3 and 7 further show that the first alignment tab has a first width and the first alignment tab slot (238) has a second width substantially equal to the first width; the second alignment tab (210) has a third width and the second and third alignment tab slots (202, 206) have a fourth width substantially equal to the third width. The figures further show the first width is greater than the fourth width such that the first alignment tab cannot be received in the second or third alignment tab slots or the third width is greater than the second width such that the second alignment tab cannot be received in the first alignment tab slot.
Regarding claim 6, figures 3 and 6-7 show the first alignment tab is part of a first set of first alignment tabs as there are two hemispherical tabs that are positioned on opposite sides of the guide aperture center as seen in figure 6. Likewise, the first alignment slot (238) is part of a first set of first alignment slots having two alignment slots, as seen in figure 3. The tabs are inserted into the first set of first alignment slots when the hole saw guide insert is mounted in the first and second positions as the tabs merely slide laterally between the two positions. Regarding claim 7, figure 7 shows the second alignment tab is part of a second set of second alignment tabs having two second alignment tabs being positioned on opposite sides of the guide aperture center as there are both front and back tabs (210). The axis defining the opposite sides has changed (relative to claim 6) but still anticipates the feature. Figure 7 likewise shows the second alignment slot (202) is part of a second set of second alignment slots having two second alignment slots [and] the third alignment slot (206) is part of a third set of third alignment slots having two third alignment slots. Figures 4-5 show that the second set of alignment tabs are inserted into the second set of alignment slots when in the first position; and the second set of alignment tabs are inserted into the third set of alignment slots when in the second position. Claim 8 recites the same features as claim 7 and is rejected for the same reasons. Regarding claim 9, figures 3-5 show the first leg (108) has an insert receiving aperture (164) in which the hole saw guide insert (172) is mounted in both the first and second positions.
Claim 10 recites the first alignment slots of the first set of first alignment slots are on opposed sides of the insert receiving aperture and defining a first axis therebetween. Figure 3 of Ward shows this to be the case, with the first axis being the longitudinal axis. Claim 10 then recites the second alignment slots of the second set of second alignment slots are on opposed sides of the insert receiving aperture and defining a second axis therebetween that is perpendicular to the first axis. Figure 7 of Ward shows this to be the case and shows the second axis to be the width axis, which is perpendicular. Finally, figures 3 and 7 of Ward also show the third alignment slots of the third set of third alignment slots are on opposed sides of the insert receiving aperture and defining a third axis therebetween that is perpendicular to the first axis and parallel to the second axis.
ALLOWABLE SUBJECT MATTER
Claims 5 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 11-16 are allowed.
The indication of allowability of claim 1 has been withdrawn in view of newly cited reference Ward.
CONCLUSION
Any inquiry concerning this communication should be directed to Moshe Wilensky whose telephone number is 571-270-3257. Mr. Wilensky’s supervisor, Sunil Singh can be reached at 571-272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Examiner interviews are available via telephone or video conferencing using a USPTO supplied web-based collaboration tool. Applicant may also use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/MOSHE WILENSKY/
Primary Examiner, Art Unit 3726
1 The following conventions are used in this office action. All direct claim quotations are presented in italics. All non-italic reference numerals presented with italicized claim language are from the cited prior art reference. All citations to “specification” are to the applicant’s published specification unless otherwise indicated. The use of the phrase “et al.” following a reference is used solely to refer to subsequent modifying references, and not to other listed inventors of the cited reference.
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