DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office 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 § 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 42-60, 62 and 63 are rejected under 35 U.S.C. 103(a) as being unpatentable over Smith et al. (US 10,072,442) in view of Deforrest, Sr. (US 4,852,920).
Regarding claim 42, Smith et al discloses a latch assembly mountable to a structure for securing a moveable barrier in a closed position, the latch assembly comprising:
a latching unit with a displaceable latch pin (20); and
a retractable actuator (35) mounted in a housing (56) of the latching unit, the retractable actuator being moveable along a latch axis (along vertical as mounted Fig.1) to move the latch pin towards a retracted position (vertically up, Fig.1) to enable the moveable barrier to be moveable from the closed position;
wherein the retractable actuator includes an elongate body (38) extending between opposing ends, and a knob (35, knob and actuator as claimed are the same element shown in instant application) being formed separate to the elongate body and mounted thereon via a mounting arrangement (35 threaded engagement to 38)
wherein the latch assembly includes a latching cavity for receiving the latch pin.
Smith et al. does not disclose: latching cavity is obround-shaped for accommodating vertical misalignment between the latch pin and the latching cavity.
Deforrest, Sr. teaches latching cavity (50; Deforrest Sr.) is obround-shaped for accommodating vertical misalignment between the latch pin and the latching cavity for the purpose of engaging, securing and locating hinge plate and hasp.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Smith et al. with latching cavity is obround-shaped for accommodating vertical misalignment between the latch pin and the latching cavity as taught by Deforrest, Sr. for the expected benefit of engaging, securing and locating mating latch components.
Regarding claim 43, Smith et al discloses the latch assembly according to claim 42, wherein the latch pin (20) is formed separate to the retractable actuator, wherein the latching pin is coupled to the elongate body of the retractable actuator (Fig.12).
Regarding claim 44, Smith et al discloses the latch assembly according to claim 42, wherein the mounting arrangement between the elongate body and the knob is configured to restrict an amount of torque applied from knob to the elongate body (up to material breakage provides limit).
Regarding claim 45, Smith et al discloses the latch assembly according to claim 42, wherein the mounting arrangement (threaded mounting Fig.12) allows the knob to freely rotate relative to the elongate body about the latch axis.
Regarding claim 46, Smith et al discloses the latch assembly according to claim 42, wherein the mounting arrangement (threads, Fig12) captures the knob (35) on the elongate body (38) to prevent axial movement of the knob on the elongate body in the direction of the latch axis.
Regarding claim 47, Smith et al discloses a latch assembly according to claim 42, further comprising a retaining structure (37) to prevent rotation of the elongate body about the latch axis relative to the housing of the latching unit(21).
Regarding claim 48, Smith et al discloses the latch assembly according to claim 47, wherein the housing of the latching unit includes an internal wall (wall of tube 51) defining a passage for receiving the elongate body (38) of the actuator, and the retaining structure includes one or more complementary surfaces (interior surfaces) formed on the internal wall of the passage and an external surface (exterior flat portions of tube) of the elongate body to prevent rotation of the elongate body relative to the housing of the latching unit.
Regarding claim 49, Smith et al discloses the latch assembly according to claim 42, wherein one of the ends of the elongate body (Fig.12 vertically bottom end) having an aperture for receiving the latch pin and said latch pin is movably secured with respect said end of the elongate body.
Regarding claim 50, Smith et al discloses the latch assembly according to claim 49, wherein a biasing means is provided between the latch pin (20) and said of the elongate body, whereby the biasing means (23) biases the latch pin towards the retracted position (c.12, l. 21-26).
Regarding claim 51, Smith et al discloses the latch assembly according to claim 42, wherein the mounting arrangement comprise one or more complementary features (Fig.21) formed on an internal wall of the knob (35) and the external wall of the elongate body to allow rotation (threaded attachment of the knob about the elongate body and prevent axial movement (threaded attachment) of the knob relative to the elongate body.
Regarding claim 52, Smith et al discloses the latch assembly according to claim 51, wherein the one or more complementary features comprise at least one projection (Fig.14, 132) extending radially on the external wall of the elongate body, and a complementary recess formed on the internal wall of the knob.
Regarding claim 53, Smith et al discloses the latch assembly according to claim 51, wherein the one or more complementary features (34,through 56connected with 37) comprise at least one projection extending radially on the internal wall of the knob (35), and a complementary recess formed hollow allows 37 to engage with 35) on the external wall of the elongate body.
Regarding claim 54, Smith et al discloses the latch assembly according to claim 52, wherein the one or more complementary features of the mounting arrangement are positioned toward one of the ends of the elongate body (Fig.21 in assembly) so as to align an end of the knob with the end of the elongate body extending from the housing of the latching unit.
Regarding claim 55, Smith et al discloses the latch assembly according to claim 42 further comprising a receiver unit having a magnet (31) for attracting the latch pin towards a displaced position (C. 12, l.29-38).
Regarding claim 56, Smith et al discloses the latch assembly mountable to a structure for securing a moveable barrier in a closed position, the latch assembly comprising:
a latching unit with a displaceable latch pin (20); and a receiver unit having a magnet (31) for attracting the latch pin towards a displaced position and a carrier, the receiver unit including a receiver body (25) including an interior surface (32) defining a cavity for receiving the carrier therein, the carrier being configured for retaining the magnet; wherein, the carrier includes at least one retention portion for releasably retaining the magnet in the carrier (Fig.12)
wherein the latch assembly includes a latching cavity for receiving the latch pin, and wherein the latching cavity is obround-shaped (50; Deforrest Sr.) for accommodating vertical misalignment between the latch pin and the latching cavity.
Regarding claim 57, Smith et al discloses the latch assembly according to claim 56, wherein the carrier (25) includes at least one internal wall (32) defining a magnet cavity (Fig.12)for receiving at least a portion of the magnet (31), the at least one internal wall having a latching face for spacing the magnet from the latch pin when the latch pin is in a displaced position (Fig.12).
Regarding claim 59, Smith et al discloses the latch assembly according to claim 56, wherein the receiver body (25) includes at least one structure-mounting boss (walls and ribs forming 30, Fig. 12) configured to releasably connect the receiver body to the structure, whereby the at least one carrier-mounting boss and the at least one structure-mounting boss extend from the cavity towards an opening at a rear (note: rear is a direction without frame of reference, therefore any direction) of the receiver body (Fig.12).
Regarding claim 60, Smith et al discloses the latch assembly according to claim 56, wherein the receiver unit (25) includes a latching cavity within 16for receiving the latch pin (20).
Regarding claim 63, Smith et al discloses the latch assembly according to claim 60, wherein the latching cavity is a combination of an aperture provided in the receiver body and said aperture being closed off by the carrier.
Regarding claim 62, Smith et al. discloses the latch assembly according to claim 60, wherein the latching cavity (32) is shaped to limit lateral movement between the latch pin (20) and the latching cavity Obround shape (50; Deforrest Sr.) of the latching cavity is further configured to limit lateral movement between the latch pin and the latching cavity.
Regarding claim 58, Smith et al. discloses latch assembly according to claim 62, wherein the at least one retention portion (30) is formed as at least one rib on the internal wall and extending into the magnet cavity (Fig.12).
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely the reference combination applied in the prior rejection of record for teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as it may affect the patentability of applicant’s claimed invention is listed on the attached PTO-892.
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 Thomas L. Neubauer whose telephone number is 571.272.4864. The examiner can normally be reached on Monday - Friday, 8:00 AM through 5:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina R. Fulton can be reached on 571.272.7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T. L. N./
Examiner, Art Unit 3675
/KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675