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.
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) 1-7, 16-20, 22-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Colbath (1,176,523).
Regarding claims 1 and 16-17, Colbath discloses a bucket comprising:
A main body (10) defining a cavity and an opening for unloading a content of the bucket from the cavity
A door (11) pivotally mounted on the main body (10), the door (11) movable between a closed position in which the opening is substantially closed by the door and an opened position in which the content may exit the bucket via the opening
A locking mechanism having a latch bar (13) movable between locked and unlocked positions to selectively lock or unlock the door to close or open the opening
A latch keeper assembly cooperating with the latch bar (13) comprising;
A latch keeper (24) configure to be in a ledge of the bucket, the latch keeper (24) defining a recess (25)
A member (31) received within the recess (25) of the latch keeper (24)
A dutchman (28) removably securable to the member (31) and including a contact surface for engagement with the latch bar (13) when the latch bar is in the locked position wherein the latch bar (13) is non rotatingly engaged to the latch keeper when moving between the locked and unlocked positions of the latch bar with the latch keeper
Regarding claim 2, the member (31) is removably securable to the latch keeper (24) within the recess (25).
Regarding claim 3, the recess (25) is opened on a rear end (see cutout of recess in figure 2) of the latch keeper, the member closing the recess (extends through the cutout, thereby “closing it” – Figures 2-3).
Regarding claim 4, the member (31) is locked within the recess by abutting shoulders.
Regarding claims 5-6, a top face of the member and a top face of the dutchman are angled and aligned/parallel to one another (both are “angled” (no reference point given for this limitation) and the member (31) is parallel/aligned through the hole in the dutchman).
Regarding claim 7, the dutchman (28) has a front face configured to contact a latch in the recess.
Regarding claims 18, the latch keeper has a single contact line for contact with the latch bar.
Regarding claims 19 and 22, the dutchman (28) has a pair of flat surfaces (side edges) with the latch bar engaged against an edge (front edge/face) between the pair of flat (side) surfaces.
Regarding claim 23, the edge defines a single contact line configured to contact the latch in the recess.
Regarding claim 20, the dutchman has a rectangular cross section.
Allowable Subject Matter
Claims 8 and 13-15 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8, 13-20 and 22-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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 Jamie L McGowan whose telephone number is (571)272-5064. The examiner can normally be reached Monday through Friday 9:00-5:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris Sebesta can be reached at 571-272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMIE L MCGOWAN/Primary Examiner, Art Unit 3671
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