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 .
Information Disclosure Statement
The information disclosure statement filed 11/16/2023 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a concise explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but the information referred to therein has not been considered.
Claim Objections
Claims 1-2, 4, 9, and 13 are objected to because of the following informalities: misspellings and incorrect forms of words.
Regarding claim 1, in line 5 the phrase “longitudinal displaceable” should be “longitudinally displaceable”.
Regarding claim 2, in line 3, the phrase “substantial parallel” should be “substantially parallel”.
Regarding claim 4, in line 4, the phrase “non-rotationally” should be “non-rotational”.
Regarding claim 9, in line 4, “for indexing sad collar” should be “for indexing said collar”.
Regarding claim 13, in line 3, “substantial non-projecting” should be “substantially non-projecting”.
Appropriate correction is required.
Claim 11, 14, and 16 are objected to because of the following informalities: an independent claim should not refer to any other claim.
Regarding Claim 11, it appears that it should be an independent claim and not dependent on claim 1. Claim 11 should be re-written so that it does not refer to any other claim since it is an independent claim. Furthermore, claim 11 should be amended so that includes all of the limitations within the body of the claim and should not refer to any other claim. It should also be amended to ensure that all of the limitations are definite and do not lack antecedent basis.
Regarding claim 14, it is a method claim but is dependent on an article of manufacture claim (i.e. claim 1). This appears to be a typo. Claim 14 should be re-written so that it does not refer to any other claim since it is an independent claim. Furthermore, claim 14 should be amended so that it includes all its limitations within the body of the claim and should not refer to any other claim. It should also be amended to ensure that all of the limitations are definite and do not lack antecedent basis.
Regarding claim 16, it is a method claim but it is dependent on an article of manufacture claim (i.e. claim 11). This appears to be a typo. Claim 16 should be re-written so that it does not refer to any other claim since it is an independent claim. Furthermore, claim 16 should be amended so that it includes all its limitations within the body of the claim and should not refer to any other claim. It should also be amended to ensure that all of the limitations are definite and do not lack antecedent basis.
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 3-4, and 9 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.
Regarding claim 3, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). “Such as” is used twice to provide examples for the limitations of “the rotatable top element” and “the interconnection with said part of said equipment module or cargo container”. The applicant must either disclose the provided example as a further limitation in a dependent claim, disclose the example as the claimed limitation, or leave it out of the claim. For the purposes of examination, any elements taught and/or suggested in the prior art that is either “the rotatable top element” or a “cone-shaped top element”, or “the interconnection with said part of said equipment module or cargo container” or an “ISO container corner”, will be interpreted to read on claim 3. Claim 4 is dependent on claim 3, which means claim 4 inherits the same rejection.
Regarding claim 9, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). “Such as” is used to provide an example of a “releasable locking mechanism”, which is a “ball lock”. The applicant must either disclose the ball lock as a further limitation in a dependent claim, disclose the ball lock as the claimed limitation, or leave it out of the claim. For the purposes of examination, any elements taught and/or suggested in the prior art that is either a “releasable locking mechanism” or a “ball lock” will be interpreted to read on claim 9.
Claim 9 recites the limitation "said abutment element" in Lines 3 and 4 of the claim. There is insufficient antecedent basis for this limitation in the claim. The abutment element is disclosed later in claim 10, thus there is no antecedent basis. The limitation in claim 9 cannot be recited as “said abutment element” before disclosing the limitation.
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.
Claims 1-5, 7-8, 10-11, 13-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Behr (DE Patent Application 4214352 A1).
Regarding claim 1, Behr (English translation attached, citations refer to this version) discloses
An automatic locking mechanism (connecting device 19, Fig. 1b) for the interconnection of an equipment module or cargo container (13, Fig. 5) to a mounting surface (support surface 20, Fig. 1b), said locking mechanism (connecting device 19, Fig. 1b) comprising a housing (cam guide 30, Fig. 4), an elongated shaft element (axle shaft 22, Fig. 1b) and a top part (upper locking body 23, Fig. 1b) for interconnection with a part (corner fitting 18, Fig. 2b) of said equipment module or cargo container, wherein said shaft element (axle shaft 22, Fig. 1b) and top part (upper locking body 23, Fig. 1b) are longitudinal displaceable within said housing (Paragraph [0035]).
Regarding claim 2, Behr further discloses the automatic locking mechanism (connecting device 19, Fig. 1b), wherein
Said shaft element (axle shaft 22, Fig. 1b) and at least part of said top part (upper locking body 23, Fig. 1b) are arranged rotatable in relation to an axis substantial parallel with said direction of longitudinal displacement (Paragraph [0033]).
Regarding claim 3, Behr further discloses the automatic locking mechanism (connecting device 19, Fig. 1b), wherein
Said top part (upper locking body 23, Fig. 1b) comprises a rotatable top element (Paragraph [0037]), such as a cone-shaped top element, for interconnection with said part (corner fitting 18, Fig. 2b) of said equipment module or cargo container (13, Fig. 5), such as an ISO container corner, of said equipment module or cargo container(13, Fig. 5), by said rotation (Paragraph [0037]).
Regarding claim 4, Behr further discloses the automatic locking mechanism (connecting device 19, Fig. 1b), wherein
Said top part (upper locking body 23, Fig. 1b) comprises a collar part (centering body 27, Fig. 1), extending between said top element and said elongated shaft element (Paragraph [0031]), said collar part being arranged for engagement with an opening (corner fitting opening 24, Paragraph [0030]) in said part (corner fitting 18, Fig. 2b) of said equipment module or cargo container (13, Fig. 5) in a non-rotationally manner (Paragraph [0033]).
Regarding claim 5, Behr further discloses the automatic locking mechanism (connecting device 19, Fig. 1b), wherein
Said elongated shaft element being rotatable in relation to said collar (Paragraph [0033]).
Regarding claim 7, Behr further discloses the automatic locking mechanism (connecting device 19, Fig. 1b), wherein
Said locking mechanism (connecting device 19, Fig. 1b) comprises forcing means (rod shaped lever elements 28, Fig. 2a and 2b) for creating said rotation (Paragraph [0033]).
Regarding claim 8, Behr further discloses the automatic locking mechanism (connecting device 19, Fig. 1b), wherein
Said locking mechanism (connecting device 19, Fig. 1b) comprises locking means (spacer elements 16 and 17, Fig. 2b) for locking said elongated shaft (axle shaft 22, Fig. 1b) and/or said top element (upper locking body 23, Fig. 1b) against longitudinal displacement and/or rotation in relation to said housing (Paragraph [0034]).
Regarding claim 10, Behr further discloses the automatic locking mechanism (connecting device 19, Fig. 1b), wherein
Said top part (upper locking body 23, in provided Figure 2b) comprises an abutment element (center body 27, in provided Figure 2b) having an abutment surface (as seen in provided Figure 2b) for facing said part (corner fitting 18, in provided Figure 2b) of said equipment module or cargo container (as seen in provided Figure 2b, Paragraph [0036]).
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Figure 2b from Behr
Regarding claim 11, Behr discloses a locking system (device 10, Fig. 1a and 1b)
Comprising a mounting surface element (support 15, Fig. 1a and 1b) having an upper surface for facing said equipment module or cargo container (Paragraph [0029]), and adapted for connection with said mounting surface (support surface 20, Fig. 1b), said housing (cam guide 30, Fig. 4) being connected to said mounting surface element (Paragraph [0034]).
Regarding claim 13, Behr further discloses a locking system (device 10, Fig. 1a and 1b), wherein
Said top part (upper locking body 23, Fig. 1b) being longitudinally displaceable between two positions (Paragraph [0035]), a first retracted position where said top element is arranged substantial non-projecting from said upper surface of said mounting element and a second projecting position in which said top element projects from said upper surface (Paragraph [0035]).
Regarding claim 14, Behr discloses
A method for operating a locking mechanism (connecting device 19, Fig. 1b), comprising:
Providing said locking mechanism in a mounting surface (Paragraph [0032]), said locking mechanism being arranged in a substantially non-projecting position in relation to said mounting surface (Paragraph [0030] and [0032]), arranging an equipment module or container at a specific location on said mounting surface (Paragraph [0030]), said equipment module or container comprising a part (corner fitting 18, Fig. 2b) for interconnection with said locking mechanism (Paragraph [0029]), displacing said elongated shaft element (axle shaft 22, Fig. 1b) and said top part (upper locking body 23, Fig. 1b) in a direction towards said equipment module or container (Paragraph [0031]), such that at least part of said top part projects into said part of said equipment module or container (Paragraph [0031] and [0036]).
Regarding claim 15, Behr further discloses the method for operating a locking mechanism (connecting device 19, Fig. 1b), wherein
Said locking mechanism being longitudinally displaceable (Paragraph [0031]), such that said abutment element (center body 27, Fig. 2b) extends above said mounting surface (Paragraph [0033] and [0035]), for lifting said equipment module or container a distance above said mounting surface (Paragraph [0035] and [0036]).
Behr discloses the lowering of the container onto the mounting surface by the displacement of the abutment element, but one of ordinary skill in the art would recognize that the opposite function of lifting the container can be performed by the same elements.
Regarding claim 16, Behr discloses
A method for operating a locking system (device 10, Fig. 1a and 1b):
Providing said locking mechanism in a mounting surface (Paragraph [0032]), said locking mechanism being arranged in a substantially non-projecting position in relation to said mounting surface (Paragraph [0030] and [0032]), arranging an equipment module or container at a specific location on said mounting surface (Paragraph [0030]), said equipment module or container comprising a part (corner fitting 18, Fig. 2b) for interconnection with said locking mechanism (Paragraph [0029]), displacing said elongated shaft element (axle shaft 22, Fig. 1b) and said top part (upper locking body 23, Fig. 1b) in a direction towards said equipment module or container (Paragraph [0031]), such that at least part of said top part projects into said part of said equipment module or container (Paragraph [0031] and [0036]).
Regarding claim 17, Behr further discloses the method for operating a locking system, wherein
Said locking mechanism being longitudinally displaceable (Paragraph [0031]), such that said abutment element (center body 27, Fig. 2b) extends above said mounting surface (Paragraph [0033] and [0035]), for lifting said equipment module or container a distance above said mounting surface (Paragraph [0035] and [0036]).
Behr discloses the lowering of the container onto the mounting surface by the displacement of the abutment element, but one of ordinary skill in the art would recognize that the opposite function of lifting the container can be performed by the same elements.
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Behr (DE Patent Application 4214352 A1) in view of Lee (KR Patent 100613443 B1).
Regarding claim 6, Behr discloses the automatic locking mechanism (connecting device 19, Fig. 1b) as applied above to claim 1. Behr does not disclose
Said locking mechanism comprises drive means for displacing said elongated shaft in said longitudinal direction.
Lee (citations from provided English translation PDF version of the application) discloses a similar locking mechanism (Abstract) which comprises drive means (spring 7, Fig. 3) for displacing said elongated shaft (locker 5, Fig. 1) in said longitudinal direction (Paragraph [0058] and [0073]).
Such drive means could be implemented as an additional component to the fit on the bottom of or around the sides of the elongated shaft in Behr, in order to displace the shaft. Thus, it would have been obvious to one of ordinary skill in the art at time of the effective filing date of the invention to make the locking mechanism of Behr with such driving means in order to longitudinally displace the shaft, with a reasonable level of success.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Behr (DE Patent Application 4214352 A1) in view of Cole (GB Patent Application 1306804 A).
Regarding claim 9, Behr discloses the automatic locking mechanism (connecting device 19, Fig. 1b) as applied above to claim 1. Behr does not disclose
Said locking mechanism comprises a releasable locking mechanism, such as a ball lock, in an interface between said abutment element and said elongated shaft element, for indexing said collar and said abutment element during engagement with said opening in said part of said equipment module or cargo container.
Cole (citations from provided copy in IDS) discloses a similar locking mechanism (retractable retaining devices 26; Pg. 2, Ln. 42-43) that comprises
A releasable locking mechanism (Releasable retention means, circled in provided Fig. 8 below), such as a ball lock, in an interface between said abutment element (radial projections 85, in provided Fig. 6 below) and said elongated shaft element (shaft 82, in provided Fig. 8 below), for indexing said collar (spacer sleeve 86, in provided Fig. 8 below) and said abutment element during engagement with said opening (opening of corner fitting 34 shown in provided Fig. 6 below) in said part (corner fitting 34 in provided Fig. 6 below) of said equipment module or cargo container (Pg. 2, Ln. 57-61).
The releasable locking mechanism could be implemented into the locking mechanism of Behr in an interfacing relationship with the recited elements, which are present already in Behr. One of ordinary skill in the art would have been motivated to add the releasable locking mechanism to Behr in order to allow for the locking mechanism to be held in a releasable manner (Cole, Pg. 1, Ln. 92-96). It also would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to have included such limitations in order to interface all the above elements with a releasable locking mechanism, with a reasonable level of success.
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Figures 6 and 8 from GB 1306804 A
Claims 12 is rejected under 35 U.S.C. 103 as being unpatentable over Behr (DE Patent Application 4214352 A1) in view of Jones (US Patent 3904154).
Regarding claim 12, Behr discloses the locking system (device 10, Fig. 1a and 1b) as applied above to claim 11. Behr does not disclose
The mounting surface element has a downwards tapered circumferential side edge.
Jones discloses a securing device that includes a mounting surface element (fitting 10, Fig. 1) with a downwards tapered circumferential edge (as seen in Fig. 1; Col. 2, Ln. 67-68; Col. 3, Ln. 1-4). Jones does not disclose the same locking system structure as Behr, such as the housing from claim 11, or the other elements disclosed in claim 1. However, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to include such a tapered surface to the structure of Behr in order to allow for a flush fit with the mounting surface and the locking system, with a reasonable level of success.
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Figure 1 from Jones
Conclusion
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/D.G.C./Examiner, Art Unit 3612
/VIVEK D KOPPIKAR/Supervisory Patent Examiner
Art Unit 3612
March 20, 2026