DETALIED 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
Claim 13 was previously rejected under 35 USC § 112. Applicant has successfully addressed these issues in the amendments filed on 09/03/2025. Accordingly, the rejection to the claims have been withdrawn.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 11-14, and 16-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2015174828 to Smets.
Regarding claim 11, Smets discloses:
A door latching assembly (fig 3) comprising: an actuator (14, 15, 16) including a retention portion (16) and an axial portion (14) that is rotatable relative to the retention portion; a trim plate (4) surrounding an aperture (5) sized to allow the axial portion of the actuator to extend therethrough (fig 2), the trim plate having an exposed front face (front face seen in fig 3) and an inner flange (flange of 4 around 5 that interfaces with 16) positioned to interface with the retention portion of the actuator (fig 3); a base plate (17) including a threaded cylindrical protrusion (holes that 19 go through) extending through the trim plate (fig 3, from left to right); and a trim surround (8) having a shape complementary to and installable around an outer perimeter of the trim plate (fig 2), the trim surround having a front edge (left edge seen in fig 1) and a rear edge (right edge seen in fig 1), the trim surround including a flange (inner flange that connects on 4) extending radially inwardly from the rear edge to a position inward from an outermost edge of the trim plate on a side of the trim plate opposite the exposed front face (fig 2), the flange being positioned behind the trim plate opposite the exposed front face of the trim plate (fig 3, the flange is on the side of 4 that has 21, opposite to the exposed trim face 4 and the actuator 15).
Regarding claim 12, Smets discloses:
The door latching assembly of claim 11, wherein an outer perimeter of the trim plate is circular (fig 1), and the trim surround is cylindrical and has an inner diameter at the front edge corresponding to an outer diameter of the trim plate (figs 1 and 2).
Regarding claim 13, Smets discloses:
The door latching assembly of claim 12, wherein the flange of the trim surround extends inwardly of the inner diameter at the rear edge to a position radially outward of an outermost edge of the base plate (fig 1).
Regarding claim 14, Smets discloses:
The door latching assembly of claim 11, wherein the trim plate has a radially outward decorative surface (outer surface of 8).
Regarding claim 16, Smets discloses:
The door latching assembly of claim 11, wherein the actuator comprises a handle (15).
Regarding claim 17, Smets discloses:
The door latching assembly of claim 11, wherein the retention portion comprises a retention nut (16) configured to engage the threaded cylindrical protrusion (via 19) and engage the inner flange of the trim plate (via 17), thereby retaining the trim plate against the base plate (fig 3).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 15 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2015174828 to Smets in view of US 20170227144 to Heaton.
Regarding claim 15, Smets does not explicitly disclose:
The door latching assembly of claim 14, wherein the radially outward decorative surface includes a knurling pattern.
However, Heaton teaches that it is well known in the art for an outer surface of a trim plate and surround to have a radially outward decorative surface including a knurling pattern (figs 1 and 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the knurling pattern as taught by Heaton into the assembly of Smets at least because doing so requires the simple substitution of one known feature for another and could be accomplished without undue experimentation and would yield the same result, providing an outer surface. See MPEP 2143, subsection I.B. (3).
Regarding claim 18, Smets discloses:
A trim ring (8) installable around a circular trim plate (4) of a door latching assembly, the trim ring having a predetermined outer diameter and a front face (fig 1), the trim ring comprising: a cylindrical body having a front edge (left edge seen in fig 1), a rear edge (right edge seen in fig 1); and a flange (flange of 4 around 5 that interfaces with 16) extending inwardly from the rear edge on a side opposite the front face of the circular trim plate, the flange being positioned rearward of the trim plate (the flange is on the rear side of 4 that interfaces 16) when the trim ring is installed around the trim plate (fig 3).
Smets does not explicitly disclose: a radially outward surface having a decorative pattern formed thereon.
However, Heaton teaches that it is well known in the art for an outer surface of a trim plate and surround to have a radially outward decorative surface including a knurling pattern (figs 1 and 3). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the knurling pattern as taught by Heaton into the assembly of Smets at least because doing so requires the simple substitution of one known feature for another and could be accomplished without undue experimentation and would yield the same result, providing an outer surface. See MPEP 2143, subsection I.B. (3).
Regarding claim 19, Smets (in view of Heaton) discloses:
The trim ring of claim 18, wherein the decorative pattern comprises a knurling pattern (figs 1 and 3, Heaton).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2015174828 to Smets in view of US 20170227144 to Heaton, and in further view of DE 102016108629 to Fink.
Regarding claim 20, Smets (in view of Heaton) does not explicitly disclose:
The trim ring of claim 18, wherein the cylindrical body is constructed from a metal material.
However, Fink teaches that it is well known in the art for a trim surround to be made of metal (page 5, lines 1-4 of attached translation). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Fink into Smets at least because doing so would provide addition strength and durability by using a desirable material
Allowable Subject Matter
Claims 1-7 and 9-10 are allowed.
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance: The prior art does not teach or fairly suggest the trim piece for door latching assembly as claimed in the independent claim 1.
Specifically, regarding claim 1 , the prior art fails to teach a trim piece for door latching assembly comprising a trim surround including a retaining mechanism maintaining the trim surround around the trim plate, wherein when the trim plate is mounted to the door, the retaining mechanism is positioned between the trim plate and the door. One of ordinary skill in the art would not find it obvious to modify the trim piece for door latching assembly of the prior art to be structured and to function as claimed in the instant application without the use of impermissible hindsight and/or destroying the references. Therefore, the prior art of record does not disclose the trim piece for door latching assembly of claim 1.
Response to Arguments
Applicant’s arguments filed 09/03/2025, with respect to claim 1 have been fully considered and are persuasive. The rejection of claims 1-7 and 9-10 has been withdrawn.
Applicant's arguments filed 09/03/2025 have been fully considered but they are not persuasive. Regarding applicant’s arguments that the prior art does not teach a retaining mechanism with a flange as claimed in amended claims 11 and 18, Examiner notes that the claims do not recite the retaining mechanism having a flange. See rejection above.
Conclusion
THIS ACTION IS MADE FINAL. 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 Yahya Sidky whose telephone number is (571)272-6237. The examiner can normally be reached Monday-Thursday 8:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Y.S./Patent Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675