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 Amendment
The Examiner acknowledges the amendments. The previous 112 and art rejections are withdrawn. New rejections are set forth herein and are made final.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11927034. Although the claims at issue are not identical, they are not patentably distinct from each other because of the comparison below.
Instant Application
Claim 1 of 11927034 (comparison to each claim in bold)
1. A tool for installing a door striker pin, the tool comprising: a latch portion including: a striker pin configured to engage with a latch of a door; and an abutment surface configured to engage with a frame member of a cab; a pin positioning portion coupled to the latch portion, the pin positioning portion defining a striker pin slot extending substantially parallel with the striker pin, the striker pin slot positioned to align with a striker pin interface for the door; and a cover slidably coupled to the pin positioning portion such that the cover is slidably translatable along a surface of the pin positioning portion that defines the striker pin slot and between a first position where the cover extends across the striker pin slot and a second position where the cover does not extend across the striker pin slot.
A tool for installing a door striker pin, the tool comprising:
a latch engagement section comprising a first surface, a striker pin extending from the first surface, and an abutment surface that extends generally orthogonal to the first surface;
a pin positioning section coupled to the latch engagement section and comprising a positioning surface with a striker pin slot formed therethrough that extends in parallel with the striker pin, the striker pin slot being positioned in the positioning surface such that the striker pin slot is aligned with a striker pin installation location when the striker pin of the latch engagement section is engaged with a latch of a door and the abutment surface rests against a frame to which the door is pivotably coupled; and
a cover slidably coupled to the pin positioning section such that the cover is slidable between a first position where the cover closes the striker pin slot and a second position where the striker pin slot is open
wherein the cover defines a cover slot extending along at least a portion of a length of the cover, further comprising a fastener extending through the slot into the pin positioning section, wherein loosening the fastener permits sliding the cover between the first position and the second position.
8. A tool for installing a door striker pin, the tool comprising: a latch portion including: a striker pin configured to engage with a latch of a door; and an abutment surface configured to engage with a frame member of a cab, wherein the abutment surface is oriented at an angle; and a pin positioning portion coupled to the latch portion, the pin positioning portion defining a striker pin slot extending in parallel with the striker pin, the striker pin slot positioned to align with a striker pin interface for the door wherein a cover slidably coupled to the pin positioning portion is slidably translatable along a surface of the pin positioning portion that defines the striker pin slot and between a first position where the cover closes the striker pin slot and a second position where the striker pin slot is open..
A tool for installing a door striker pin, the tool comprising:
a latch engagement section comprising a first surface, a striker pin extending from the first surface, and an abutment surface that extends generally orthogonal to the first surface;
a pin positioning section coupled to the latch engagement section and comprising a positioning surface with a striker pin slot formed therethrough that extends in parallel with the striker pin, the striker pin slot being positioned in the positioning surface such that the striker pin slot is aligned with a striker pin installation location when the striker pin of the latch engagement section is engaged with a latch of a door and the abutment surface rests against a frame to which the door is pivotably coupled; and
a cover slidably coupled to the pin positioning section such that the cover is slidable between a first position where the cover closes the striker pin slot and a second position where the striker pin slot is open
wherein the cover defines a cover slot extending along at least a portion of a length of the cover, further comprising a fastener extending through the slot into the pin positioning section, wherein loosening the fastener permits sliding the cover between the first position and the second position.
14. A tool for installing a door striker pin, the tool comprising: a latch engagement section having a first surface and a striker pin extending from the first surface; a pin positioning section coupled to the latch engagement section, the pin positioning section having a second surface defining a striker pin slot; and an abutment surface extending (a) generally orthogonal relative to the first surface and (b) from a location proximate where the latch engagement section and the pin positioning section couple; wherein the striker pin slot is positioned to align with a striker pin installation location when (a) the striker pin of the latch engagement section is engaged with a latch of a door and (b) the abutment surface rests against a frame to which the door engages wherein a cover slidably coupled to the pin positioning portion is slidably translatable along a surface of the pin positioning portion that defines the striker pin slot and between a first position where the cover closes the striker pin slot and a second position where the striker pin slot is open..
A tool for installing a door striker pin, the tool comprising:
a latch engagement section comprising a first surface, a striker pin extending from the first surface, and an abutment surface that extends generally orthogonal to the first surface;
a pin positioning section coupled to the latch engagement section and comprising a positioning surface with a striker pin slot formed therethrough that extends in parallel with the striker pin, the striker pin slot being positioned in the positioning surface such that the striker pin slot is aligned with a striker pin installation location when the striker pin of the latch engagement section is engaged with a latch of a door and the abutment surface rests against a frame to which the door is pivotably coupled; and
a cover slidably coupled to the pin positioning section such that the cover is slidable between a first position where the cover closes the striker pin slot and a second position where the striker pin slot is open
wherein the cover defines a cover slot extending along at least a portion of a length of the cover, further comprising a fastener extending through the slot into the pin positioning section, wherein loosening the fastener permits sliding the cover between the first position and the second position.
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.
Claims 1, 4-8, 11-14, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kvac (US 6,324,948) in view of Astorg (EP2208841A1)
Regarding claim 1, Kvac discloses a tool for installing a door striker pin, the tool comprising:
a latch portion(Item 200) including:
a striker pin (Item 260) configured to engage with a latch of a door (Item 42); and
an abutment surface (Item 133) configured to engage with a frame member of a cab;
a pin positioning portion (Item 202) coupled to the latch portion, the pin positioning portion defining a striker pin slot (Item 308) extending substantially parallel with the striker pin, the striker pin slot positioned to align with a striker pin interface for the door; and
a cover (item 304) slidably coupled to the pin positioning portion such that the cover is slidably translatable between a first position where the cover extends across the striker pin slot (Figure 9) and a second position where the cover does not extend across the striker pin slot (Figure 8).
Kvac fails to explicitly disclose the cover is slidably translatable along a surface of the pin position that defines the striker pin slot.
Astorg teaches a cover (Item 12) that slides in a plane parallel to the surface of 8 instead of away from the plane as taught by Kavc. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the position of the pivot pin (502) of Kavc to be similar to that taught by Astorg with the return spring. Such a modification would ensure the cover would return to a locked position. Astorg further discusses such an arrangement is easy to use and prevent malfunction (Paragraphs 3 and 16).
Regarding claim 4 , 11, and 20, Kvac in view of Astorg disclose the tool of Claim 1, wherein the latch portion includes a magnet disposed along the abutment surface (Kvac Item 132).
Regarding claim 5 and 12, Kvac in view of Astorg disclose the tool of Claim 1, wherein the pin positioning portion is coupled to a surface of the latch portion from which the striker pin is extending from (Kvac Figure 8).
Regarding claim 6 and 13, Kvac in view of Astorg disclose the tool of Claim 1, wherein the striker pin and the abutment surface extend in opposing directions (Kvac Figure 8).
Regarding claim 7 and 17, Kvac in view of Astorg disclose the tool of Claim 1, wherein the abutment surface is oriented at an angle (Kvac roughly 90 deg).
Regarding claim 8, Kvac discloses a tool for installing a door striker pin, the tool comprising:
a latch portion (Item 200) including:
a striker pin (Item 260) configured to engage with a latch of a door; and
an abutment surface (Item 133) configured to engage with a frame member of a cab, wherein the abutment surface is oriented at an angle with respect to a pin positioning portion; and
a pin positioning portion (Item 202) coupled to the latch portion, the pin positioning portion defining a striker pin slot (Item 308) extending in parallel with the striker pin, the striker pin slot positioned to align with a striker pin interface for the door wherein a cover (Item 304) slidably coupled to the pin positioning portion is slidably translatable.
Kvac fails to explicitly disclose a cover slidably coupled to the pin positioning section is slidably translatable along the second surface that defines the striker pin slot and between a first position where the cover closes the striker pin slot and a second position where the striker pin slot is open.
Astorg teaches a cover (Item 12) that slides in a plane parallel to the surface of 8 instead of away from the plane as taught by Kavc. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the position of the pivot pin (502) of Kavc to be similar to that taught by Astorg with the return spring. Such a modification would ensure the cover would return to a locked position. Astorg further discusses such an arrangement is easy to use and prevent malfunction (Paragraphs 3 and 16).
Regarding claim 14, Kvac discloses a tool for installing a door striker pin, the tool comprising:
a latch engagement section (Item 200) having a first surface (Item 262) and a striker pin (Item 260) extending from the first surface;
a pin positioning section (Item 202) coupled to the latch engagement section, the pin positioning section having a second surface defining a striker pin slot (Item 308); and
an abutment surface (Item 133) extending (a) generally orthogonal relative to the first surface and (b) from a location proximate where the latch engagement section and the pin positioning section couple;
wherein the striker pin slot is positioned to align with a striker pin installation location when (a) the striker pin of the latch engagement section is engaged with a latch of a door (Item 42) and (b) the abutment surface rests against a frame to which the door engages wherein a cover (Item 304) slidably coupled to the pin positioning section is slidably translatable.
Kvac fails to explicitly disclose a cover slidably coupled to the pin positioning section is slidably translatable along the second surface that defines the striker pin slot and between a first position where the cover closes the striker pin slot and a second position where the striker pin slot is open.
Astorg teaches a cover (Item 12) that slides in a plane parallel to the surface of 8 instead of away from the plane as taught by Kavc. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the position of the pivot pin (502) of Kavc to be similar to that taught by Astorg with the return spring. Such a modification would ensure the cover would return to a locked position. Astorg further discusses such an arrangement is easy to use and prevent malfunction (Paragraphs 3 and 16).
Regarding claim 15, Kvac in view of Astorg disclose the tool of Claim 14, further comprising a cover (Item 304) slidably coupled to the pin positioning section such that the cover is slidably translatable between a first position where the cover closes the striker pin slot and a second position where the striker pin slot is open (Kvac Figures 8 and 9).
Claims 3, 9, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kvac (US 6,324,948) in view of Astorg (EP2208841A1) in view of Meyer (US 3,836,118).
Regarding claim 3 and 9, Kvac discloses the tool of Claim 1, wherein the latch portion includes a spacer (Item 134) and providing the abutment surface.
Kvac fails to explicitly disclose a spacer having a tapered profile.
Meyer teaches a spacer having a tapered profile (Figure 2). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the spacer to be tapered as taught by Meyer. The spacer design of Meyer is discussed to have the benefit of being cheap, economical, and capable of taking up the dimensional variation within a predetermined range, to provide proper support (Column 1 Lines 31-42)
Regarding claim 18, Kvac in view of Astorg disclose the tool of Claim 17, further comprising a spacer section (Item 134) coupled to the latch engagement section, the latch engagement section having a profile and providing the abutment surface.
Kvac fails to explicitly disclose having a tapered profile.
Meyer teaches a pair of tapered surfaces having a tapered profiles (Figure 2) to adjust a proper spacing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the spacer and abutment surface to be tapered as taught by Meyer. The spacer design of Meyer is discussed to have the benefit of being cheap, economical, and capable of taking up the dimensional variation within a predetermined range, to provide proper support (Column 1 Lines 31-42).
Regarding claim 19, Kvac in view of Astorg in view of Meyer discloses the tool of Claim 18, wherein the spacer section has a larger width at an upper end thereof and a smaller width at bottom end thereof such (Meyer Item 16 Figure 2 left and right respectively).
Allowable Subject Matter
Claims 2 and 16 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.
For the same reasons as the allowance of 17/145901. Kvac fails to disclose “a fastener extending through the cover slot into the pin positioning portion, wherein loosening the fastener permits sliding the cover between the first position and the second position.” Although Kvac has fasteners (best shown in Figure 6 Item 312), loosening or tightening the fasteners does not affect the latch from opening or closing. Thus does not meet the limitations of the claims.
Response to Arguments
Applicant’s arguments, filed 5/1/2026, with respect to the rejection(s) of claim(s) 1, 8, and 14 under Kvac (6324948) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kvac in view of Astorg.
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 TOM R RODGERS whose telephone number is (313)446-4849. The examiner can normally be reached Monday thru Friday 8AM-5PM EST.
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/TOM RODGERS/ Primary Examiner, Art Unit 3723
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