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 .
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Claim Objections
Claims 1, 2, 5-12, 15, 17, 19, 21, and 23 are objected to because of the following informalities:
in line 19 of page 1, “a reciprocating motion” should likely be --the reciprocating motion-- because it is previously recited in line 13
in line 18 of page 1, “actuating lever (20)” should likely be --handling member (80)-- as described in the specification paragraph 0035
in line 25 of page 2, “55” should be --(55)--
in line 5 of page 3, “87” should be --(87)--
in line 19 of page 3, “55” should be --(55)--
in line 15 of page 7, “located on around” should likely be --located in or around--
in line 1 of page 9, “located on around” should likely be --located in or around--
in line 14 of page 10, “located on around” should likely be --located in or around--
in line 27 of page 11, “located on around” should likely be --located in or around--
in line 20 of page 12, “located on around” should likely be --located in or around--
in line 13 of page 13, “located on around” should likely be --located in or around--
in line 5 of page 14, “located on around” should likely be --located in or around--
in line 25 of page 14, “located on around” should likely be --located in or around--
in line 19 of page 16, “move or rotate in along” should likely be --move along or rotate in--
in line 1 of page 18, “second (32)” should be --second end (32)--
in line 17 of page 20, “second (2)” should likely be --second end (32)--
in line 4 of page 23, “while brings” should likely be --which brings--
in line 5 of page 24, “a shaft bar” should be --the shaft bar-- because it is previously recited in claim 15
in line 12 of page 24, “while brings” should likely be --while bringing--
in line 13 of page 24, “moveable in along” should likely be --movable in and along --
Appropriate correction is required. Applicant’s cooperation is requested in correcting any similar or new errors of which applicant may become aware of in the claims.
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 15-17, 19-20 and 23-24 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.
Claim 15 recites the limitation "the shaft bar" in line 11 of page 16. There is insufficient antecedent basis for this limitation in the claim. Claims 19 and 23 are rejected for depending on an indefinite claim.
Claim 16 recites the limitation "the shaft bar" in line 5 of page 17. There is insufficient antecedent basis for this limitation in the claim. Claims 20 and 24 are rejected for depending on an indefinite claim.
Claim 17 recites the limitation "the shaft " in line 25 of page 17. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the shaft hole" in line 4 of page 18. There is insufficient antecedent basis for this limitation in the claim.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 5, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al., CN 217841248 U, in view of Schlack et al., US 2004/0021325 A1.
Claim 1: Xu discloses a latch device, comprising a shell (10) and an assembly of an actuating lever (20), a linking member (30) and a sliding member (40) mounted on the shell (Fig. 8);
the shell being provided on each of two side walls (12) with an elongate slot (16);
the actuating lever defining an axis direction (the longitudinal axis of the actuating lever defines an axis direction), a free end (21), and a pivotal end (22) pivotally connected to the shell (Fig. 8); and the pivotal end of the actuating lever being provided with a shaft receiving section (23) for an elastic member (50) to assemble thereto, such that the actuating lever is movable in a reciprocating motion ([0079]);
the free end of the actuating lever being provided with two cantilever arms (25) and an open area (26) defined between the two cantilever arms (Fig. 2); a handling member (80) and an elastic element (55) being mounted in the open area (Fig. 2), and the elastic element being used to assist the handling lever to move in the axis direction in a reciprocating motion (movement between Fig. 6 and Fig. 7 illustrates movement of the positioning part 84 in the axis direction; [0084]); and
the linking member having a freely rotatable first end (31) and a second end (32) connected to the sliding member (Fig. 8); and the sliding member defining a primary end (43) and a secondary end (44).
Xu further discloses a pin pivotally connected to the first end of the linking member, such that when the handling member is moved in the axis direction, the actuating lever is allowed to move from a closed position to an open position and brings the linking member and sliding member to move along with the actuating lever ([0090]; [0098]). However, Xu is silent to an area on the actuating lever located distant from the free end being provided with a pair of secondary pin holes for receiving a secondary shaft pin therein; the secondary shaft pin being pivotally connected to the first end of the linking member.
Schlack teaches an area on an actuating lever located distant from a free end being provided with a pair of secondary pin holes (120) for receiving a secondary shaft pin therein (depicted in Fig. 1); the secondary shaft pin being pivotally connected to the first end of a linking member (Figs. 14-16), the actuating lever is allowed to move from a closed position to an opened position and brings the linking member and the sliding member to move along with the actuating lever (movement from Fig. 2 to Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the actuating lever and linking member disclosed by Xu to have an area on the actuating lever located distant from the free end being provided with a pair of secondary pin holes for receiving a secondary shaft pin therein, the secondary shaft pin being pivotally connected to the first end of the linking member as taught by Schlack, with a reasonable expectation of success, so that the user can better grasp the actuating lever to use it as a handle for operating the latch (Schlack [0041]). One of ordinary skill in the art would recognize that as a result, when the handling member is moved in the axis direction, the actuating lever is allowed to move from a closed position to an opened position and the actuating lever will bring the linking member and the sliding member to move along with the actuating lever, as disclosed by Xu.
Claim 5: Xu, in view of Schlack, teaches the latch device as claimed in claim 1, wherein the secondary shaft pin is pivotally connected to a pair of pin holes (Xu 37) formed on the first end of the linking member (Xu Fig. 2, as modified), such that the first end of the linking member is freely movable (Xu Fig. 8, as modified);
a secondary shaft receiving section (Xu 33) being provided on the second end of the linking member (Xu Fig. 2) for a shaft bar (Xu 73) to pivotally connect thereto, such that the second end of the linking member is freely movable (Xu [0083]); and the shaft bar (Xu 73) being also pivotally connected to the sliding member (Xu: via part 41);
the sliding member being in the form of a plate (Xu Fig. 2) and including an upward protruded assembling section (Xu 41) provided between the primary end and the secondary end (Xu Fig. 2) and a pair of shaft holes (Xu 42) formed on the assembling section; and
the shaft bar (Xu 73) being assembled to the second end of the linking member and the shaft holes on the sliding member (Xu [0088]) with two ends of the shaft bar being pivotally connected to the elongate slots on the shell (Xu Fig. 1; Xu [0088]),
the actuating lever is provided between the free end and the pivotal end with a through hole (Xu 28) and a restricting section (Xu 29) formed on the through hole (Xu Fig. 2); and
the through hole having a locking mechanism (Xu 60) mounted therein; and the locking mechanism including a fastening element (Xu 61) received in the through hole (Xu Fig. 2) and a fastening plate (Xu 62) pivotally connected to the fastening element (Xu [0092]);
the fastening element including a secondary restricting section (Xu 63) and a shank (Xu 64) in the form of an extended shaft (Xu Fig. 4); the fastening plate being assembled to a winged element (Xu 66), which includes an engaging section (Xu 65) in the form of a hole (Xu Fig. 2); and the shank being pivotally connected to the engaging section (Xu [0092]; Xu Figs, 4-5); and
the linking member being provided between the first end and the second end with a locking hole (Xu 36), which is located on around a top of a through hole (Xu 38) formed on the linking member to thereby form a raised annular portion (Xu [0093]).
Claim 9: Xu, in view of Schlack, teaches the latch device as claimed in claim 1 , wherein the actuating lever is provided between the free end and the pivotal end with a through hole (Xu 28) and a restricting section (Xu 29) formed on the through hole (Xu Fig. 2); and
the through hole having a locking mechanism (Xu 60) mounted therein; and the locking mechanism including a fastening element (Xu 61) received in the through hole and a fastening plate (Xu 62) pivotally connected to the fastening element (Xu [0095]);
the fastening element including a secondary restricting section (Xu 63) and a shank (Xu 64) in the form of an extended shaft (Xu Fig. 4); the fastening plate being assembled to a winged element (Xu 66), which includes an engaging section (Xu 65) in the form of a hole (Xu Fig. 2); and the shank being pivotally connected to the engaging section (Xu Figs. 4-5); and
the linking member being provided between the first end (Xu 31) and the second end (Xu 32) with a locking hole (Xu 36), which is located on around a top of a through hole (Xu 38) formed on the linking member to thereby form a raised annular portion (Xu [0093]).
Claim(s) 3, 7, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al., CN 217841248 U, and Schlack et al., US 2004/0021325 A1, as applied to claim 1 above, and further in view of Peng, CN 219569859 U.
Claim 3: Xu, in view of Schlack, teaches the latch device as claimed in claim 1, wherein
the actuating lever includes a secondary recessed section (Xu 24) provided at the shaft receiving section for receiving the elastic member therein (Xu [0080]); and a notch section provided at an area located adjacent to the shaft receiving section (Xu Fig. 2 depicts the recess 24 has a notch);
the secondary pin hole being provided at a middle area of the actuating lever (as modified Schlack, the resulting secondary pin hole is at a middle area of the actuating lever); and a pair of elongate slot sections being formed at areas on two middle lateral sides of the actuating lever (depicted in Xu Figs. 2 and 8);
the elastic member (Xu 50) being selectively in the form of a torsion spring and including two coiled sections having two opposed ends each (depicted in Xu Fig. 2; Xu [0080]), a pair of first projected sections (Xu 51) and a pair of second projected sections (Xu 52) connected to the opposed ends of the coiled sections (Xu 53); and
the shaft receiving section having a shaft (Xu 70) assembled thereto, such that the shaft extends through the coiled sections of the elastic member (Xu Fig. 2) and the shaft holes (Xu 17) formed on the side walls of the shell with the first projected sections of the elastic member pressed against the bottom wall of the shell and the second projected sections pressed against the shaft receiving section of the actuating lever (Xu [0080]); and
the cantilever arms of the actuating lever extending in parallel to each other (Xu Fig. 2) and being provided at tail portions with a pair of pin holes (Xu 27) for a shaft pin (Xu 77) to pivotally connect thereto (Xu [0082]).
However, Xu, in view of Schlack, is silent to the free end of the actuating lever being provided at tail portions of the cantilever arms with a connecting arm and a secondary notch section connected to the connecting arm.
Xu further discloses the free end of the actuating lever being provided at tail portions of the cantilever arms with two arms (stops 25a), and a secondary notch section connected to the arms (Figs. 2-3 depict the free end 21 structured with a secondary notch section which is connected to the connecting arm by the cantilever arms). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form the two arms between the tail portions taught by Xu, in view of Schlack, as a single connecting arm, with a reasonable expectation of success, in order to distribute force and increase stability.
Xu, in view of Schlack, is silent to the elastic member including an extended section perpendicularly connected to the two second projected sections.
The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit. The Court, quoting In re Kahn, 441 F.3d 977, 988, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006), stated that “‘rejections on obviousness cannot be sustained by mere conclusory statements; instead, there must be some articulated reasoning with some rational underpinning to support the legal conclusion of obviousness.’” KSR International Co. v. Teleflex Inc., 550 U.S. 398, 418, 82 USPQ2d 1385, 1396 (2007). Exemplary rationales that may support a conclusion of obviousness include: (A) Combining prior art elements according to known methods to yield predictable results…. See MPEP § 2143 for a discussion of the rationales listed above along with examples illustrating how the cited rationales may be used to support a finding of obviousness. See also MPEP § 2144 - § 2144.09 for additional guidance regarding support for obviousness determinations.
Peng teaches a known latch device comprising an elastic member (180, Fig. 6) including two coiled sections (183; Fig. 6 depicts two coiled sections) having two opposed ends each (181, 182), a pair of first projected sections and a pair of second projected sections connected to the opposed ends of the coiled sections (depicted in Fig. 6), and an extended section perpendicularly connected to the two second projected sections (Fig. 6 depicts an extended section perpendicular to the second projected sections 181).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, using KSR Rationale A, to modify the elastic member taught by Xu, in view of Schlack, to be an elastic member including an extended section perpendicularly connected to the two second projected sections, as Peng teaches. The prior art includes each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single reference. One of ordinary skill in the art could have combined the elements as claimed by known methods and, that in combination, each element merely performs the same function as it does separately; and further recognized the results of the combination were predictable, namely the elastic member including two coiled sections having two opposed ends each, a pair of first projected sections and a pair of second projected sections connected to the opposed ends of the coiled sections, and an extended section perpendicularly connected to the two second projected sections.
Claim 7: Xu, in view of Schlack and Peng, teaches the latch device as claimed in claim 3, wherein the secondary shaft pin is pivotally connected to a pair of pin holes (Xu 37) formed on the first end of the linking member (Xu Fig. 2, as modified), such that the first end of the linking member is freely movable (Xu Fig. 8, as modified);
a secondary shaft receiving section (Xu 33) being provided on the second end of the linking member (Xu Fig. 2) for a shaft bar (Xu 73) to pivotally connect thereto, such that the second end of the linking member is freely movable (Xu [0083]); and the shaft bar being also pivotally connected to the sliding member (Xu: via part 41);
the sliding member being in the form of a plate (Xu Fig. 2) and including an upward protruded assembling section (Xu 41) provided between the primary end and the secondary end (Xu Fig. 2) and a pair of shaft holes (Xu 42) formed on the assembling section; and
the shaft bar (Xu 73) being assembled to the second end of the linking member and the shaft holes on the sliding member (Xu [0088]) with two ends of the shaft bar being pivotally connected to the elongate slots on the shell (Xu Fig. 1; Xu [0088]),
the actuating lever is provided between the free end and the pivotal end with a through hole (Xu 28) and a restricting section (Xu 29) formed on the through hole (Xu Fig. 2); and
the through hole having a locking mechanism (Xu 60) mounted therein; and the locking mechanism including a fastening element (Xu 61) received in the through hole (Xu Fig. 2) and a fastening plate (Xu 62) pivotally connected to the fastening element (Xu [0092]);
the fastening element including a secondary restricting section (Xu 63) and a shank (Xu 64) in the form of an extended shaft (Xu Fig. 4); the fastening plate being assembled to a winged element (Xu 66), which includes an engaging section (Xu 65) in the form of a hole (Xu Fig. 2); and the shank being pivotally connected to the engaging section (Xu [0092]; Figs, 4-5); and
the linking member being provided between the first end and the second end with a locking hole (Xu 36), which is located on around a top of a through hole (Xu 38) formed on the linking member to thereby form a raised annular portion (Xu [0093]).
Claim 11: Xu, in view of Schlack and Peng, teaches the latch device as claimed in claim 3, wherein the actuating lever is provided between the free end and the pivotal end with a through hole (Xu 28) and a restricting section (Xu 29) formed on the through hole (Xu Fig. 2); and
the through hole having a locking mechanism (Xu 60) mounted therein; and the locking mechanism including a fastening element (Xu 61) received in the through hole (Xu Fig. 2) and a fastening plate (Xu 62) pivotally connected to the fastening element (Xu [0092]);
the fastening element including a secondary restricting section (Xu 63) and a shank (Xu 64) in the form of an extended shaft (Xu Fig. 4); the fastening plate being assembled to a winged element (Xu 66), which includes an engaging section (Xu 65) in the form of a hole (Xu Fig. 2); and the shank being pivotally connected to the engaging section (Xu [0092]; Figs, 4-5); and
the linking member being provided between the first end and the second end with a locking hole (Xu 36), which is located on around a top of a through hole (Xu 38) formed on the linking member to thereby form a raised annular portion (Xu [0093]).
Claim(s) 13, 15, 21, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xu et al., CN 217841248 U, and Schlack et al., US 2004/0021325 A1, as applied to claim 1, and further in view of Kim et al., US 11,002,046 B2.
Claim 13: Xu, in view of Schlack, teaches the latch device as claimed in claim 1. Xu further discloses a secondary open area adjacent to the shaft receiving section (Figs. 2-3) and the linking member being received in the secondary open area (Fig. 3). However, Xu, in view of Schlack, is silent to the actuating lever being provided at the pivotal end with two secondary cantilever arms and a secondary open area defined between the two secondary cantilever arms, and the secondary open area being located adjacent to the shaft receiving section, and the linking member being received in the secondary open area.
Kim teaches an actuating lever is provided at a pivotal end with two secondary cantilever arms (first and second flanges are structured as cantilever arms; col. 8 ln. 14-19) and a secondary open area defined between the two secondary cantilever arms (Fig. 1); and the secondary open area being located adjacent to a shaft receiving section (shown at axis C, Fig. 1); and
a linking member (16) being received in the secondary open area (depicted in Figs. 1-3); and secondary pin holes (col. 4 ln. 6-7) being provided at one of two areas, namely, an area on the secondary cantilever arms located adjacent to a middle area of the actuating lever and an area on the secondary cantilever arms located adjacent to a lower part of the actuating lever, such that the linking member is movable along with the actuating lever (Figs. 3-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the latch device disclosed by Xu such that the actuating lever is provided at the pivotal end with two secondary cantilever arms and a secondary open area defined between the two secondary cantilever arms, the secondary open area being located adjacent to the shaft receiving section, and the linking member being received in the secondary open area, and the secondary pin holes provided at one of two areas, namely, an area on the secondary cantilever arms located adjacent to a middle area of the actuating lever and an area on the secondary cantilever arms located adjacent to a lower part of the actuating lever, such that the linking member is movable along with the actuating lever, as taught by Kim, to accommodate the overall contour and structure of the component the latch device is attached to so the latch device has a flush appearance (Kim col. 7 ln. 63-col. 8 ln. 6, 14-26).
Claim 15: Xu, in view of Schlack and Kim, teach the latch device as claimed in claim 13, wherein the actuating lever is provided at an area located adjacent to the shaft receiving section with a slant pressing section (Xu Fig. 2);
the elastic member (Xu 50) being selectively in the form of a torsion spring and including two coiled sections having two opposed ends each (depicted in Xu Fig. 2; Xu [0080]), a pair of first projected sections (Xu 51) and a pair of second projected sections (Xu 52) connected to the opposed ends of the coiled sections (Xu 53); and
the shaft bar (Xu 70) being assembled to the shaft receiving section of the actuating lever, so that the shaft bar extends through the coiled sections of the elastic member (Xu Fig. 2), while the first projected sections of the elastic member are pressed against the pressing section of the actuating lever and the second projected sections and the extend section of the elastic member are pressed against the sliding member (Xu [0080]), such that the actuating lever is movable about the shaft bar and the shaft receiving section (Xu Fig. 8).
Xu further discloses a shaft allowed to move or rotate in along the elongate slots in a reciprocating motion (Fig. 8). However, Xu, as modified Schlack and Kim, are silent to the pivotal end of the actuating lever being allowed to rotate in or along the elongate slots in a reciprocating motion.
Schlack further teaches the positions of the actuating lever and the linking member may be reversed such that the actuating lever is pivotally connected to the sliding member and the linking member is pivotally connected to the shell ([0041]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange the parts of the latch device taught by Xu, in view of Schlack and Kim, so that the shaft bar assembled to the shaft receiving section of the actuating lever extends through the elongate slots on the shell and the pivotal end of the actuating lever is allowed to move or rotate in along the elongate slots in a reciprocating motion as suggested by Schlack, as a matter of obvious engineering choice. One of ordinary skill in the art would have a reasonable expectation of success and recognize that it does not affect operation of the latch device.
Claim 21: Xu, in view of Schlack and Kim, teach the latch device as claimed in claim 13, wherein the sliding member is in the form of a plate mounted on the shell (Xu Fig. 2) and is movable freely (Xu Fig. 8);
the sliding member being provided between the primary end and the secondary end (Xu Fig. 2) with an assembling section (Xu 41 and 42 form an assembling section) and a pair of shaft holes (Xu 42); the assembly section including two upward protruded plate-like portions (Xu 41, Fig. 2) and the shaft holes being formed on the assembling section (Xu Fig. 2); a shaft bar (73) being extended through the shaft holes on the sliding member (Xu Fig. 2); and
the shaft bar being pivotally connected to the elongate slots (Xu Fig. 8).
However, Xu, as modified by Schlack and Kim, is silent to the shaft bar being extended through the shaft receiving section on the actuating lever and such that the shaft bar is movable in and along the elongate slots to thereby bring the pivotal end of the actuating lever to move and rotate and also bring the sliding member to move.
Schlack further teaches the positions of the actuating lever and the linking member may be reversed such that the actuating lever is pivotally connected to the sliding member and the linking member is pivotally connected to the shell ([0041]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange the parts of the latch device taught by Xu, in view of Schlack and Kim, to extend the shaft bar through the shaft receiving section on the actuating lever and the shaft holes on the sliding member, allowing the actuating lever to move from the closed position to the opened position, while bringing the link member to move along with the actuating lever, as a matter of obvious engineering choice, as suggested by Schlack. One of ordinary skill in the art would have a reasonable expectation of success and recognize that the resulting device is structured such that the shaft bar is movable along the elongate slots to thereby bring the pivotal end of the actuating lever to move and rotate and also bring the sliding member to move.
Claim 23: Xu, in view of Schlack and Kim, teach the latch device as claimed in claim 15, wherein the sliding member is in the form of a plate mounted on the shell (Xu Fig. 2) and is movable freely (Xu Fig. 8);
the sliding member being provided between the primary end and the secondary end (Xu Fig. 2) with an assembling section (Xu 41 and 42 form an assembling section) including two upward protruded plate-like portions (Xu 41, Fig. 2) and the shaft holes (Xu 42) formed on the assembling section; and the shaft bar being extended through the shaft receiving section on the actuating lever, the shaft holes on the sliding member, and the two coiled sections on the elastic member (as modified in claim 15, the shaft bar extends through the shaft receiving section and two coil sections of the actuating lever and extends through the shaft holes so the actuating lever is pivotally connected to the sliding member); and
the shaft bar being pivotally connected to the elongate slots (as modified in claim 15), allowing the actuating lever to move from the closed position to the opened position while brings the linking member to move along with the actuating lever (as modified in claim 15, the shaft bar in the slots allows the actuating lever to move from the closed to opened positions and move the linking member), such that the shaft bar is movable in along the elongate slots to thereby bring the pivotal end of the actuating lever to move and rotate and also bring the sliding member to move (as modified in claim 15, the actuating lever and sliding member are configured to move by the shaft bar moving in the elongate slots).
Allowable Subject Matter
Claims 16-17, 19, 20 and 24 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 2, 4, 6, 8, 10, 12, 14, 18, and 22 are 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.
The following is a statement of reasons for the indication of allowable subject matter: Although the references of record show some features similar to those of Applicant’s device, the prior art fails to teach or make obvious the invention of claims 2, 4, 6, 8, 10, 12, 14, 16-20, 22, 24.
Regarding claim 2, Xu, in view of Schlack, teaches the latch device as claimed in claim 1, but is silent to a pair of rails being provided on two inner sides of the two cantilever arms to extend in parallel to the axis direction (X); two pin holes being provided at tail portions of the two cantilever arms for a shaft pin, different from the secondary shaft pin; an assembling section being provided on an area of the open area of the actuating lever opposed to the cantilever arms for the elastic element to mount thereto; and the base portion being in the form of a recessed structure and having two recesses formed at two sides of the base portion and communicable with the recessed structure; the handling member being provided on two lateral sides with a pair of secondary rails, and having a secondary assembling section for engaging with the elastic element; the locating section being caught and held in place by the secondary locating section on the shell; the handling member further including a pair of secondary recesses formed at bottom areas of the handling member; and the elastic element being selectively in the form of a coil spring.
While the individual structural elements may be found in references of record, there is no motivation to make the combination required in the exact configuration as currently claimed, therefore the reference combination does not teach or fairly suggest the claimed invention. There is no teaching or suggestion, absent the applicant’s own disclosure, for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the apparatus disclosed by Xu to have all of the above-mentioned elemental features. Furthermore, such modifications would not be obvious.
Regarding claims 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, 24: the prior art fails to disclose each and every limitation of claim 2 from which the claims depend.
Regarding claim 17, Xu, as modified by Schlack and Kim, teaches the latch device as claimed in claim 13, but is silent to wherein the linking member is a T-shaped member; and an area at the second end of the linking member located adjacent to the secondary shaft receiving section being provided with a recessed section. While the individual structural elements may be found in references of record, there is no motivation to make the combination required in the exact configuration as currently claimed; the examiner can find no motivation to combine or modify the references that would not require the use of impermissible hindsight to define a fully functioning apparatus as claimed in the instant application.
Regarding claim 19, Xu, as modified by Schlack and Kim, teaches the latch device as claimed in claim 15. However, Xu, in view of Schlack and Kim, is silent to the linking member being a T-shaped member and an area at the second end of the linking member located adjacent to the secondary shaft receiving section being provided with a recessed section. While the individual structural elements may be found in references of record, there is no motivation to make the combination required in the exact configuration as currently claimed; the examiner can find no motivation to combine or modify the references that would not require the use of impermissible hindsight to define a fully functioning apparatus as claimed in the instant application.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20230213986-A1 is related to an actuating lever with a lock engaging a locking hole, and a handling member mounted in an open area actuated to release the actuating lever.
US-20250169018-A1 is related to an actuating lever with two cantilever arms and coupled to a T-shaped linking member for moving a sliding member.
US-20190394889-A1 is related to a latch device comprising an actuating lever with two cantilever arms with a connecting arm between them and a handling member mounted in an open space between the two cantilever arms and movable along an X-axis, but does not teach a linking member.
US-20190218837-A1 is related to an actuating lever with a handling member in an open space between two arms, a linking member coupled to a sliding member and the linking member connected to the actuating lever by a rotating shaft near the middle of the lever.
US-20140013811-A1 is related to a handling member that moves in the X-direction of an actuating lever, the handling member sliding between two rails on the lever.
US-20210267075-A1 is related to an actuating lever with a handling member slidable in an open space between two rails, a linking member rotatable about a shaft near the middle of the actuating lever and having a locking hole to accommodate a lock, and a sliding plate that has a portion cooperating with the handling member to hold the assembly in a closed position.
US-20040222647-A1 is related to a linking member connected in the middle of an actuating lever and coupled to elongated slots in the base to guide motion of the linking member, but does not teach a handling member on the actuating lever.
US-20170202099-A1 is related to an actuating lever with a cantilever arm and a handling member arranged on the cantilever arm to move in the longitudinal direction of the actuating lever.
US-20020079708-A1 is related to an actuating lever comprising two cantilever arms on a pivot end and a sliding member positioned in an open area between the two cantilever arms.
US-4828299-A is related to an actuating lever with a shaft configured to slide in an elongate slot of a shell, a linking member connected to the actuating lever by a shaft between two cantilever arms near the middle of the actuating lever configured to move a sliding member.
CN-219754305-U is related to an actuating lever coupled to a sliding member by a shaft that moves in elongate slots on the shell, a linking member connected near the middle of the actuating lever with a shaft, and a handling member mounted on the shell that moves in the X-axis direction.
CN-112367176-A is related to an actuating member with two cantilever arms and a linking member connected by a shaft through the cantilever arms and rotatable about a shaft coupled with a sliding member.
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/EGB/Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675