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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6-7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 6 and 7 are indefinite in defining parts the clutching apparatus relative to parts a door in which it is adapted to be used. Claims 6-8 are directed to a system per se for guiding and translocating a door (see preamble in claim 1 from which claims 6 and 7 depend) and does not appear to include a door (see contrasting example in claim 13 which positively includes a door). However, language in the claim that parts of the apparatus “urges” the plate against a part of a door appears to claim a combination. Therefore, the scope of the claim is unclear and thus indefinite.
Claim Rejections - 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.
Claim(s) 1-3, 5-8, 20, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2010/0282283 to Bauer (“Bauer”).
Regarding claim 1, Bauer discloses a system for guiding and translocating a door having a latch bore and a hinge cutout, the system comprising: a first clutching apparatus 600 configured for contacting insertion into the latch bore of the door, the first clutching apparatus comprising a first grasping member 602, an anchor 606 positioned opposite the first grasping member, and a plate insert 604 positioned between the first grasping member and the anchor; and a second clutching apparatus 500 configured for contacting insertion into the hinge cutout of the door, the second clutching apparatus comprising a second grasping member 500 or 616, at least one anchoring pin 622 positioned opposite the second grasping member, and a hinge insert 604 positioned between the second grasping member 500 or 616 and the at least one anchoring pin. See par 0068 disclosing details of plate shown in Figs 26 and 27 for hinge side of the door.
Regarding claim 2, Bauer discloses that the plate insert 604 of the first clutching apparatus is configured to be nestingly received within a plate cutout of the door adjacent the latch bore, the anchor 606 of the first clutching apparatus is configured to contactingly extend through the latch bore, and the first grasping member 602 provides a first outer grip surface configured to be grasped by a first hand of a user during movement of the door.
Regarding claim 3, Bauer discloses that the hinge insert 604 of the second clutching apparatus is configured to be nestingly received within the hinge cutout of the door, the anchoring pin 622 is configured to contactingly extend into an anchoring pin aperture adjacent the hinge cutout, and the second grasping member 500 or 616 provides a second outer grip surface configured to be grasped by a second hand of the user during movement of the door.
Regarding claim 5, Bauer discloses that the first grasping member 602, the anchor 606 and the plate insert 604 are modular components configured to seamlessly couple and form a first cohesive unit (see embodiment in Fig. 19-20), and the second grasping member 616, at least one anchoring pin 622, and hinge insert 604 are modular components configured to seamlessly couple and form a second cohesive unit (see embodiment in Figs. 26 and 27).
Regarding claim 6, Bauer discloses that the plate insert 604 urges the first clutching apparatus 602 against at least one surface of a plate cutout of the door to secure the first clutching apparatus against rotational movement relative to the door.
Regarding claim 7, Bauer discloses that the hinge insert 604 urges the second clutching apparatus 500/616 against at least one surface of the hinge cutout of the door to secure the second clutching apparatus against rotational movement relative to the door.
Regarding claim 8, Bauer discloses that at least one of the anchoring pins 622 is configured to releasably engage with one or more anchoring pin apertures positioned within the hinge cutout to further secure the second clutching apparatus against rotational movement relative to the door, the anchoring pin apertures comprising preformed apertures configured to receive hardware to affix a hinge to the door.
Regarding claim 20, Bauer discloses a method, comprising: inserting a portion 606 of a first clutching apparatus 600 in a latch bore 802/804 of a door until a plate insert 604 of the first clutching apparatus is within a plate cutout 804 on the door (see Fig. 1); inserting at least one anchoring pin 622 of a second clutching apparatus 500 in at least one anchoring pin aperture of the door until a hinge plate 604 of the second clutching apparatus is within a hinge cutout on the door (par 0068); and applying a lifting force on the first clutching apparatus and second clutching apparatus to maneuver the door (par 0047).
Regarding claim 21, Bauer discloses that the portion of the first clutching apparatus 600 inserted into the latch bore is one of a first grasping member or an anchor 606.
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) 4 and 9-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bauer.
Regarding claim 4, Bauer discloses that the first grasping member 602, the anchor 606 and the plate insert 604 are seamlessly integrated, but does not disclose that the second grasping member 500, at least one anchoring pin 622, and hinge insert 604 are also seamlessly integrated. However, it has been held that “that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice.” In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Regarding claim 9, Bauer does not disclose that the first grasping member is characterized by a length of 0.254 cm to 7.3025 cm. It would have been an obvious matter of design choice to modify the structure of Bauer to have the grasping member’s length with such a size since such a modification would have involved a mere change in the size of the components. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 10, Bauer does not disclose that the anchor is characterized by a length of 0.254 cm to 7.3025 cm. It would have been an obvious matter of design choice to modify the structure of Bauer to have the anchor’s length with such a size since such a modification would have involved a mere change in the size of the components. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 11, Bauer does not disclose that the first grasping member is further characterized by a diameter of 1.27 cm to 2.54 cm. It would have been an obvious matter of design choice to modify the structure of Bauer to have the grasping member’s diameter with such a size since such a modification would have involved a mere change in the size of the components. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 12, Bauer does not disclose that the anchor is further characterized by a diameter of 1.27 cm to 2.54 cm. It would have been an obvious matter of design choice to modify the structure of Bauer to have the anchor’s diameter with such a size since such a modification would have involved a mere change in the size of the components. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 13, Bauer discloses a system comprising a door 800 comprising a plate cutout, a latch bore (bore where 606 is inserted, the bore connecting the plate cutout and bore aperture 802) extending from the plate cutout 804, a bore aperture 802 extending through the door, a hinge cutout (where 604 is inserted) and at least one anchoring pin aperture extending from the hinge cutout (aperture where 622 is inserted); a first clutching apparatus 600 releasably mounted on the door 800 comprising a first grasping member 602 characterized by a length of 0.254 cm to 7.3025 cm, an anchor 606 positioned opposite the first grasping member, and a plate insert 604 positioned between the first grasping member and the anchor; and a second clutching apparatus 500 releasably mounted on the door, including a second grasping member 500 or 616, at least one anchoring pin 622 positioned opposite the second grasping member, and a hinge insert 604 positioned between the second grasping member 500 or 616 and the at least one anchoring pin 622. See col 10, lns 7-19 disclosing details of plate shown in Figs 26 and 27 for hinge side of the door.
Bauer does not disclose that the grasping member 602 of the first clutching apparatus has a length of 0.254 cm to 7.3025 cm. It would have been an obvious matter of design choice to modify the structure of Bauer to have the grasping member’s length with such a size since such a modification would have involved a mere change in the size of the components. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 14, Bauer discloses that the plate insert 604 urges the first clutching apparatus 602 against at least one surface of a plate cutout of the door to secure the first clutching apparatus against rotational movement relative to the plate insert.
Regarding claim 15, Bauer discloses that the hinge insert 604 urges the second clutching apparatus 500/616 against at least one surface of the hinge cutout of the door to secure the second clutching apparatus against rotational movement relative to the hinge insert.
Regarding claim 16, Bauer discloses that at least one anchoring pin 622 is configured to engage with one or more anchoring pin apertures positioned within the hinge cutout to further secure the second clutching apparatus against rotational movement relative to the hinge insert.
Regarding claim 17, Bauer does not disclose that the first grasping member has a length of from 0.254 cm to 7.3025 cm and a diameter of from 1.27 cm to 2.54 cm, and the anchor has a length of from 0.254 cm to 7.3025 cm and a diameter of from 1.27 cm to 2.54 cm. It has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. MPEP 2144.04 IV A.
Regarding claim 18, Bauer discloses that the anchor 606 extends from an engaging surface of the plate insert 604, and when affixed to the door, traverses through the latch bore, terminating within the bore aperture 802, and the first grasping member 602 extends from a non-engaging surface of the plate insert, and when affixed to the door, extends in a direction opposite to that of the anchor, relative to the latch bore.
Regarding claim 19, Bauer discloses that the first grasping member 602 extends from an engaging surface of the plate insert 604, and when affixed to the door, traverses through the latch bore, terminating within the bore aperture, and the anchor 606 extends from a non-engaging surface of the plate insert, and when affixed to the door, extends in a direction opposite to that of the first grasping member, relative to the latch bore.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE T CAJILIG whose telephone number is (571)272-8143. The examiner can normally be reached M-F 9am-5pm.
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/CHRISTINE T CAJILIG/Primary Examiner, Art Unit 3633