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 .
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.
Election/Restrictions
Applicant’s election of Species I in the reply filed on September 15, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
The examiner agrees that claims 1-11 are readable on the elected species.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the one or more rechargeable batteries, as recited in claim 3, and the one or more solar panels, as recited in claim 3, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to because reference character “112” in Figure 18 should be changed to “112A.” Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 305. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: On Page 6, line 13, the phrase “A Within opening 101” should be changed to “Within opening 101,” and on Page 8, line 11, reference character “113” should be changed to “113A.”
Appropriate correction is required.
Claim Objections
Claims 1, 2, 5, 6, and 8-10 are objected to because of the following informalities:
In regards to claim 1, line 2, the phrase “electronically, comprising” should be changed to “electronically, the portable padlock comprising,” in line 11, the phrase “secured to the housing the padlock is in an open position” should be changed to “secured to the housing, the portable padlock is in an open state,” in line 12, the phrase “secured to the housing the padlock is in a closed position” should be changed to “secured to the housing, the portable padlock is in a closed state; and,” in lines 13 and 14, the phrase “retractable or extendable” should be changed to “controllable between retractable or extendable states,” and in lines 14 and 15, the phrase “for opening or closing the padlock” should be changed to “for placing the portable padlock in the open state or the closed state.”
In regards to claim 2, line 3, the phrase “the integrated control electronics” should be changed to “the control electronics” and the phrase “to be opened” should be changed to “to be placed in the open state.”
In regards to claim 5, line 2, the phrase “the sensors” should be changed to “the one or more sensors.”
In regards to claim 6, the claim should read as follows after the preamble: “wherein the remotely located sources includes an electronic device comprising an APP configured to manage various functionalities of the portable padlock through wireless communication between the electronic device running the APP and the control electronics for remotely placing the portable padlock in the open state where internet connectivity is present.”
In regards to claim 8, the claim should read as follows after the preamble: “wherein when the shackle is in an open position, causing the portable padlock to be in the open state, the shackle is rotatable 360 degrees around a securement point of the first end of the shackle to the shackle base.”
In regards to claim 9, lines 4 and 7, each instance of the phrase “the padlock is in a closed position” should be changed to “the portable padlock is in the closed state,” and in lines 7 and 8, the phrase “wherein in a padlock open position” should be changed to “wherein when the portable padlock is in the open state.”
In regards to claim 10, line 3, the phrase “when the padlock is in a closed position” should be changed to “when the portable padlock is in the closed state,” in line 4, commas should be inserted before and after the phrase “the continuity wire is also cut causing a signal,” and lines 4 and 5 should read as follows, “shackle is cut, the continuity wire is also cut causing a signal, previously sent indicating that the portable padlock is in the closed state, is discontinued.”
Appropriate correction is required.
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 1-11 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.
In regards to claim 1, it is unclear how the padlock in its entirety can be in open and closed positions, when it is understood from the specification that the padlock includes components that are movable to various positions to place the padlock in open and closed states, and will be examined as such. See claim objections above.
In regards to claim 1, lines 13-15, the phrase “a solenoid…retractable or extendable” suggests that the solenoid itself moves, when it is understood from the specification that the solenoid is controllable between retractable or extendable states in order to affect movement of other components of the padlock, and will be examined as such. See claim objections above.
In regards to claim 1, lines 14 and 15, it is unclear how the control electronics control the closing or locking of the padlock, when Figure 4D shows that the portable padlock is automatically locked when a user inserts the second end of the shackle back into the housing. For examination purposes, the claim will be examined with the language set forth in the claim objections above.
In regards to claim 2, the relationship between the “integrated control electronics” of claim 2 and the “control electronics” of claim 1 is unclear from the claim language. It is understood from the specification that the “integrated control electronics” in claim 2 is equivalent to the “control electronics” of claim 1, and will be examined as such. The claims should use consistent terminology. See claim objections above.
In regards to claim 3, it is unclear what applicant intends to claim with the phrase “in place.” For examination purposes, the claim will be given a broad interpretation.
In regards to claim 6, the claim language suggests that the APP and electronic device are part of the portable padlock, when it is understood from the specification that the electronic device, and its associated APP, is one of the remotely located sources of claim 1 that cooperates with the portable padlock, but is not a part of the portable padlock. Furthermore, it is unclear how the APP controls the locking of the portable padlock, when Figure 4D shows that the portable padlock is automatically locked when a user inserts the second end of the shackle back into the housing. For examination purposes, the claim will be examined with the language set forth in the claim objections above.
In regards to claim 8, the relationship between the open position of the shackle and the open state of the portable padlock of claim 1 is unclear from the claim language. It is understood from the specification that the open position of the shackle causes the padlock to be in the open state, and will be examined as such. See claim objections above.
In regards to claim 8, it is unclear if the limitations following the phrase “can be” are required by the claim. For examination purposes, the claim will be examined as reciting that the shackle is rotatable 360 degrees around a securement point of the first end of the shackle to the shackle base. See claim objections above.
In regards to claim 9, the relationship between the “printed circuit board” of claim 9 and the control electronics is unclear from the claim language. It is understood from the specification that the control electronics are located on a printed circuit board, and will be examined as such.
In regards to claim 9, the metes and bounds of the phrase “sensor tracks/contacts” is unclear from the claim language. Specifically, it is unclear if applicant is reciting the sensor tracks and contacts, since these are separate components discussed in the specification, or if applicant is reciting the sensor tracks or contacts. Furthermore, if the sensor tracks are being positively recited by applicant, then the claim language suggests that the sensor tracks are located on the first end of the shackle, which is not supported by the specification. It is understood from the specification that the printed circuit board includes sensor tracks that are coupled to the pair of switches, with contacts on the first end of the shack making contact with the pair of switches. For examination purposes, the claim will be examined as best understood.
In regards to claim 9, the relationship between the “closed position” of the padlock in claim 9 and the closed position of the padlock in claim 1 is unclear from the claim language. It is understood from the specification that the “closed position” in claim 9 is equivalent to the “closed position” of claim 1, and will be examined as such. See claim objections above.
In regards to claim 9, the relationship between the “padlock open position” of claim 9 and the open position of the padlock of claim 1 is unclear from the claim language. It is understood from the specification that the “padlock open position” in claim 9 is equivalent to the “open position” in claim 1, and will be examined as such. See claim objections above.
In regards to claim 10, the metes and bounds of the phrase “sensor tracks/contacts” is unclear from the claim language. Specifically, it is unclear if applicant is reciting the sensor tracks and contacts, since these are separate components discussed in the specification, or if applicant is reciting the sensor tracks or contacts. For examination purposes, the claim will be given a broad interpretation.
In regards to claim 10, the relationship between the “closed position” of the padlock of claim 10 and the closed position of the padlock of claim 1 is unclear from the claim language. It is understood from the specification that the “closed position” of claim 10 is equivalent to the “closed position” of claim 1, and will be examined as such. See claim objections above.
In regards to claims 4, 5, 7, and 11, these claims are rejected under 35 U.S.C. 112(b) because they depend from claim 1.
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, 5, 7, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ho (US-10030417).
In regards to claim 1, Ho discloses a portable padlock operable in outdoor environments and opened electronically, the portable padlock comprising: a housing 1; control electronics (electronics of control unit 5) stored within the housing; the control electronics having wireless connectivity capabilities to allow the control electronics to receive control commands or signals from remotely located sources (Col. 2, lines 32-40 and Col. 4, lines 13-20); a power source 6 stored within the housing, the power source powering the control electronics; a shackle 3 having a first end 31 secured to the housing and a second end 32 removably secured to the housing such that when the second end is not secured to the housing, the portable padlock is in an open state (Figure 6) and when the second end is secured to the housing, the portable padlock is in a closed state (Figure 4); and a solenoid 4 in communication with the control electronics and controllable between retractable or extendable states based on signals received from the control electronics for placing the portable padlock in the open state (Col. 4, lines 13-20).
In regards to claim 5, Ho discloses one or more sensors in communication with the control electronics (sensor or switch 53), the one or more sensors providing information to the control electronics when the portable padlock is opened, locked or cut (Col. 4, lines 31-40 and Col. 5, lines 13-33).
In regards to claim 7, Ho discloses a shackle base (see Figure 6 below) secured to the housing, wherein the first end of the shackle is secured to the shackle base (secured so as to not move beyond the position in Figure 6).
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In regards to claim 8, Ho discloses that when the shackle is in an open position (Figure 6), causing the portable padlock to be in the open state, the shackle is rotatable 360 degrees around a securement point of the first end of the shackle to the shackle base (the shackle is rotatable 360 degrees in Figure 6 because the rotation of end portion 314 of the first end is not hindered by the shackle base).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ho (US-10030417) in view of Li (CN 110945199 A). Ho fails to disclose a touch keyboard secured to the housing in an externally accessible position, the touch keyboard in communication with the control electronics to allow the portable padlock to be placed in the open state with a passkey in places where remote unlocking is not possible. Li teaches a padlock having a touch keyboard 70 secured to a housing in an externally accessible position (Figures 2 and 31), with the touch keyboard in communication with control electronics to allow the padlock to be placed in an open state with a passkey in places where remote unlocking is not possible (the padlock can be unlocked using the touch keyboard or a remote electronic device 700, with the touch keyboard capable of being used where or in situations where the remote electronic device cannot be used, Paragraph 227 of the Computer Generated Translation). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include a touch keyboard, with reasonable expectation of success, so as to provide a user with an alternative method of inputting the passkey to control the padlock.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ho (US-10030417) in view of Jung (US Pub. No. 2019/0063108). Ho discloses that the power source is one or more rechargeable batteries 61, but fails to disclose that the portable padlock includes one or more solar panels for recharging the one or more rechargeable batteries in place. Jung teaches a padlock having one or more solar panels for recharging one or more batteries of the padlock (Paragraph 60). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include one or more solar panels, with reasonable expectation of success, in order to provide means on the padlock by which the one or more batteries is recharged.
Claim(s) 4 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ho (US-10030417) in view of Nguyen et al. (US Pub. No. 2020/0032556).
In regards to claim 4, Ho discloses the portable padlock of claim 1, but fails to specify that the housing is waterproof. Nguyen et al. teaches means to waterproof a housing 12, 14 of a padlock (Paragraph 24). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to specify that the housing is waterproof, with reasonable expectation of success, in order to protect the mechanical and electrical components within the housing.
In regards to claim 6, Ho discloses that the remotely located sources includes an electronic device (Col. 2, lines 32-40 and Col. 4, lines 13-20) for managing various functionalities (at least the unlocking of the padlock) of the portable padlock through wireless communication between the electronic device and the control electronics for remotely placing the portable padlock in the open state, but fails to specify that the electronic device comprises an APP configured to manage various functionalities of the portable padlock through wireless communication between the electronic device running the APP and the control electronics for remotely placing the portable padlock in the open state where internet connectivity is present. Nguyen et al. teaches a padlock communicating with an electronic device 180 having an APP configured to manage various functionalities of the padlock through wireless communication between thee electronic device running the APP and control electronics of the padlock to open the padlock (Bluetooth communication, Paragraphs 35-37), with the padlock being in an environment in which internet connectivity is present (Paragraph 37). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to specify that the electronic device include an APP to control the padlock, with reasonable expectation of success, since it is well known in the art to utilize APPs on mobile or electronic devices to control the actuation of electromechanical devices.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ho (US-10030417) in view of Gal et al. (US Pub. No. 2022/0339311). Ho discloses that the control electronics is located on a printed circuit board 51 having sensor tracks (inherent electrical connections for connecting switch 53 to the circuit board, Figure 1), wherein the first end of the shackle includes contacts disposed at a tip area (contacts or surface portions at end 314, Figure 6, that cooperate with component 14 to actuate switch 53, Figure 4) and a switch 53 disposed within the housing that is in electrical communication with the control electronics; wherein when the portable padlock is in the closed state, the first end of the shackle is disposed further within the shackle base to allow the contacts to contact or make electrical communication with the switch, causing the control electronics to be informed that the portable padlock is in the closed state (Col. 4, lines 31-52); wherein when the portable padlock is in the open state, no physical or electrical contact or communication is made between the switch and the contacts (Figure 6). Ho fails to disclose a second switch. Gal et al. teaches the use of two switches 48 or 60 to detect the position of a component (Paragraph 62). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include a second switch, with reasonable expectation of success, in order to add a level of redundancy in case one of the switches malfunctions (Paragraph 62 of Gal et al.).
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ho (US-10030417) in view of Gal et al. (US Pub. No. 2022/0339311) as applied to claim 9 above, and further in view of Lind (US-6043733). Ho fails to disclose a continuity wire disposed internally within the shackle in electrical communication with the sensor tracks or contacts, wherein when the portable padlock is in the closed state and in the event where the shackle is cut, the continuity wire is also cut causing a signal, previously sent indicating that the portable padlock was in the closed state, to be discontinued. Lind teaches a padlock having a shackle 1 with a continuity wire 2 disposed internally therein, with the continuity wire being in electrical communication with a circuit via contacts 10, 11, and 32, such that when the padlock is in a closed state and in the event where the shackle is cut, the continuity wire is also cut causing a signal (signal or indication that the circuit is interrupted, Col. 3, lines 20-35), previously sent indicating that the padlock was in the closed state (signal or indication that the circuit was closed), to be discontinued (Col. 3, lines 20-35). Lind further teaches that the continuity wire runs from a first end of the shackle to a second end of the shackle (Figures 1 and 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include a continuity wire in the shackle of Ho, with reasonable expectation of success, so as to enhance the manner in which the padlock indicates to a user or determines that the padlock has been tampered with.
Conclusion
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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 October 23, 2025