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 .
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. The drawings illustrate the secondary pin holes being provided at an area on the secondary cantilever arms located adjacent to a middle area of the actuating lever, however the drawings do not illustrate the secondary pin holes adjacent to a lower part of the actuating lever. Therefore, the secondary pin holes (27a) being provided at an area on the secondary cantilever arms (25a) located adjacent to a lower part of the actuating lever (20) 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.
Specification
The disclosure is objected to because of the following informalities: in line 10 of page 15, “without not hindering” should likely be --without hindering--.
Appropriate correction is required.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 2, 3, 17, and 21 are objected to because of the following informalities:
In the second line of claim 2, on page 2, “two side walls (12)” should be --the two side walls (12)-- to refer to the “two laterally spaced side walls (12)” recited in claim 1
In claim 2, on page 3 in the 3rd paragraph, “87” should be --(87)--
in claim 3, on page 5 in the 2nd paragraph, “the shaft pin (77)” should be --a shaft pin (77)-- because it is not previously recited and does not refer to the shaft (70) or the secondary shaft pin (75)
in claim 17, on page 19 in the 2nd paragraph, “a shaft bar (73)” should be --the shaft bar (73)-- because it is introduced in the preceding paragraph
In claim 21, on page 23 in the last line, “moveable in along” should likely be --movable in and along--
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.
Claim 17 is 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 17 recites the limitation "the shaft (70)" in line 8 of the claim. 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.
Claims 1, 5, 9, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Lu, US 2021/0267075 A1, in view of Xu et al., CN 217841248 U.
Claim 1: Lu discloses a latch device comprising:
a shell (10), an assembly of an actuating lever (40), a linking member (30) and a sliding member (20) mounted on the shell (Figs. 2-3);
the shell being provided with two laterally spaced side walls (Fig. 4 depicts two laterally spaced side walls);
the actuating lever defining an axis direction (X) along a longitudinal direction (the actuating lever has a longitudinal direction, the longitudinal direction defines an X axis), a free end (depicted in Fig. 4 (a free end of the actuating lever with buckle portion 50)), and a pivotal end (depicted in Fig. 2 (a pivotal end with mounting hole 411)) pivotally connected to the shell ([0021]); and the pivotal end of the actuating lever being provided with a shaft receiving section (411) for an elastic member (415) to assemble thereto (Fig. 7; [0023]), such that the actuating lever is movable in a pivotal reciprocating motion ([0021]; [0023]);
the free end of the actuating lever being provided with two cantilever arms and an open area defined between the two cantilever arms (Fig. 2 illustrates two cantilever arms with an open area to accommodate the buckle portion 50);
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a handling member and an elastic element (illustrated in Fig. 2, annotated above) being mounted in the open area (Fig. 3), and the elastic element being used to assist the handling member to move longitudinally in the axis direction (X) in a longitudinal reciprocating motion (the elastic member is structured to bias the handling member in the longitudinal direction to return the handling member after being pressed); and
the linking member having a freely rotatable first end (end with portion 32) and a second end (end with portion 31);
and the sliding member defining a primary end (end opposite the hole 23, near wall 113) and a secondary end (end near the hole 23); and
an area on the actuating lever located distant from the free end being provided with a pair of secondary pin holes (413) for receiving a secondary shaft pin (414) therein;
the secondary shaft pin being pivotally connected to the first end of the linking member (Fig. 2; [0027]), such that when the handling member is moved in the axis direction (X), the actuating lever is allowed to move from a closed position to an opened position ([0029]) and brings the linking member and the sliding member to move along with the actuating lever (movement from Fig. 3 to Fig. 4 illustrates movement of the actuating lever to the opened position moves the linking member and sliding member).
However, although Lu teaches a resisting portion on the two laterally spaced walls ([0034]), Lu is silent to the shell being provided with an elongate slot on each of the two laterally spaced side walls.
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;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
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.
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 B, to substitute the resisting portions on the two laterally spaced walls taught by Lu ([0034]) with an elongate slot on each of the two laterally spaced walls with a reasonable expectation of success. The prior art contains a latch assembly which differs from the claimed device by the substitution of a component with another component. A guide slot is known in the art, as evidenced by Xu which teaches a shell provided with an elongate slot (16) on each of two laterally spaced side walls (depicted in Fig. 2). One of ordinary skill in the art could have substituted one known element for another and expect that the resulting device performs the same function. The results of the substitution would have been predictable, namely: an actuating lever, a linking member, and a sliding member mounted on a shell, wherein the shell is provided with an elongate slot on each of two laterally spaced side walls to guide and limit the range of movement of the sliding member and linking member.
Claim 5: Lu, in view of Xu, teaches latch device as claimed in claim 1, wherein the secondary shaft pin (Lu 414) is pivotally connected to a pair of pin holes (Lu 312) formed on the first end of the linking member (Lu Fig. 2), such that the first end of the linking member is freely movable (Lu [0027] (the first end is free to rotate about the shaft pin));
a secondary shaft receiving section (Lu 311) being provided on the second end of the linking member for a shaft bar to pivotally connect thereto (as modified, the shaft bar of Lu (33) pivotally connected with the receiving section is modified to cooperate with the slots, as taught by Xu (shaft bar 73)), such that the second end of the linking member is freely movable (Lu [0027] (the second end is free to rotate about the shaft bar)); and
the shaft bar being also pivotally connected to the sliding member (Lu [0027] (as modified, the shaft bar is pivotally connected at the connection portions 21);
the sliding member being in the form of a plate (Lu Fig. 2 depicts the control portion 20 is formed as a plate) and including an upward protruded assembling section (Lu 21) provided between the primary end and the secondary end (Lu Fig. 2) and a pair of shaft holes (Lu 211) formed on the assembling section (Lu Fig. 2); and
the shaft bar being assembled to the second end of the linking member (Lu Fig. 4) and the shaft holes on the sliding member with two ends of the shaft bar being pivotally connected to the elongate slots on the shell (as modified, the shaft bar is pivotally connected with the linking member, the sliding member, and the slots (Xu Fig. 1)),
the actuating lever is provided between the free end and the pivotal end with a through hole (Lu 421) and a restricting section formed on the through hole (depicted in Lu Fig. 2); and
the through hole having a locking mechanism (Lu 60) mounted therein (Lu Fig. 3); and
the locking mechanism including a fastening element (Lu 61) received in the through hole (Lu Fig. 5) and a fastening plate (Lu 62) pivotally connected to the fastening element (Lu [0031]);
the fastening plate being assembled to a winged element (Lu 621), which includes an engaging section in the form of a hole (depicted in Lu Fig. 2, annotated below); and
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the linking member being provided between the first end and the second end with a locking hole (Lu 34; Lu [0031]).
Lu discloses a locking mechanism that includes a fastening element and a fastening plate mounted on the actuating lever, but Lu is silent to the fastening element including a secondary restricting section and a shank in the form of an extended shaft and silent to the structure of the locking hole which is located in or around a top of a through hole formed on the linking member to form a raised annular portion.
Xu further teaches a locking mechanism (60) including a fastening element (61) and a fastening plate (62), a fastening element including a secondary restricting section (63) and a shank (64) in the form of an extended shaft (Fig. 4); the shank being pivotally connected to an engaging section ([0092]; Figs. 4-5); and the linking member being provided with a locking hole (36) which is located in or around a top of a through hole (38) formed on the linking member to thereby form a raised annular portion ([0093]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the fastening element taught by Lu, in view of Xu, to include a secondary restricting section and a shank in the form of an extended shaft and the shank being pivotally connected to the engaging section, as taught by Xu, and configure the locking hole of the linking member taught by Lu, in view of Xu, to be located in or around a top of a through hole to form a raised annular portion, as taught by Xu, in order to practice the locking mechanism taught by Lu, in view of Xu, and prevent the latch device from being accessed by hand (Xu [0093-95]; Lu [0032]).
Claim 9: Lu, in view of Xu, teaches 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 (Lu 421) and a restricting section formed on the through hole (Lu Fig. 2 depicts the hole is structured to have a restricting section); and
the through hole having a locking mechanism (Lu 60) mounted therein; and
the locking mechanism including a fastening element (Lu 61) received in the through hole (Lu Fig. 3) and a fastening plate (Lu 62) pivotally connected to the fastening element (Lu [0031]);
the fastening plate being assembled to a winged element (Lu 621), which includes an engaging section in the form of a hole (depicted in Lu Fig. 2, annotated below); and
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the linking member being provided between the first end and the second end with a locking hole (Lu 34).
Lu discloses a locking mechanism that includes a fastening element and a fastening plate mounted on the actuating lever, but Lu is silent to the fastening element including a secondary restricting section and a shank in the form of an extended shaft and silent to the structure of the locking hole which is located in or around a top of a through hole formed on the linking member to thereby form a raised annular portion.
Xu further teaches a locking mechanism (60) including a fastening element (61) and a fastening plate (62), a fastening element including a secondary restricting section (63) and a shank (64) in the form of an extended shaft (Fig. 4); the shank being pivotally connected to an engaging section ([0092]; Figs. 4-5); and the linking member being provided with a locking hole (36) which is located in or around a top of a through hole (38) formed on the linking member to thereby form a raised annular portion ([0093]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the fastening element taught by Lu, in view of Xu, to include a secondary restricting section and a shank in the form of an extended shaft and the shank being pivotally connected to the engaging section, as taught by Xu, and configure the locking hole of the linking member taught by Lu, in view of Xu, to be located in or around a top of a through hole to form a raised annular portion, as taught by Xu, in order to practice the locking mechanism taught by Lu, in view of Xu, and prevent the latch device from being accessed by hand (Xu [0093-95]; Lu [0032]).
Claim 13: Lu, in view of Xu, teaches the latch device as claimed in claim 1, wherein the actuating lever is provided at the pivotal end with two secondary cantilever arms (Lu Figs. 2 and 4 depict two secondary cantilever arms supporting the shafts 414, 412) and a secondary open area defined between the two secondary cantilever arms (Lu Fig. 4); and
the secondary open area being located adjacent to the shaft receiving section (Lu Fig. 4); and
the linking member being received in the secondary open area (Lu Fig. 3); and
the secondary pin holes (Lu 413) 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 (Lu Fig. 2 depicts the secondary pin holes in the secondary cantilever arms below the top wall 42, adjacent to a lower part of the actuating lever), such that the linking member is movable along with the actuating lever (shown in movement between Lu Figs. 3 and 4).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Lu, US 2021/0267075 A1, in view of Xu et al., CN 217841248 U, as applied to claim 13 above, and further in view of Schlack et al., US 2004/0021325 A1,
Claim 21: Lu, in view of Xu, teaches the latch device as claimed in claim 13, wherein the sliding member is in the form of a plate mounted on the shell and is movable freely (Lu Fig. 2 depicts the sliding member is formed as a plate; Lu [0019]);
the sliding member being provided between the primary end and the secondary end with an assembly section (section with connecting portions shown in Lu Fig. 2) and a pair of shaft holes (Lu 211);
the assembly section including two upward protruded plate-like portions (Lu Fig. 2) and the shaft holes being formed on the assembly section (Lu Fig. 2); and
a shaft bar being extended through the shaft holes on the sliding member (Lu Fig. 4 illustrates the shaft bar 33 through the holes 211) and pivotally connected to the elongate slots, such that the shaft bar is movable along the elongate slots (as modified by Xu, the shaft bar through the assembly section is configured to extend through the elongate slots and is pivotable in the slots).
However, Lu, in view of Xu, does not teach a shaft bar being extended through the shaft receiving section on the actuating lever and the shaft holes on the sliding member; and the shaft bar being pivotally connected to the elongate slots, allows the actuating lever to move from the closed position to the opened position while bringing the linking member to move along with the actuating lever, 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.
Schlack 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, the shaft holes on the sliding member, and the elongate slots, 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.
Allowable Subject Matter
Claims 2-4, 6-8, 10-12, 14-16, 18-20, and 22-24 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.
Claim 17 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.
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, 14-20, and 22-24.
In regards to claim 2, Lu discloses a pair of rails being provided on two inner sides of the two cantilever arms to extend in parallel to the axis direction (X) of the actuating lever (Fig. 2). However, Lu fails to disclose two pin holes being provided at tail portions of the two cantilever arms for a shaft pin to correspondingly pivotally connect thereto. The examiner can find no motivation to modify the two cantilever arms for a shaft pin to pivotally connect thereto without use of impermissible hindsight and/or destroying the intended structure of the device.
In regards to claims 4, 6, 8, 10, 12, 14, 16, 18, 20, 22, and 24, the prior art fails to disclose each and every limitation of claim 2 from which the claims depend.
Regarding claim 3, Lu discloses two cantilever arms of the actuating lever extending in parallel to each other (Fig. 2). However, Lu fails to disclose a pair of pin holes for a shaft pin to pivotally connect thereto. The examiner can find no motivation to modify the two cantilever arms to include a pair of pin holes to pivotally connect a shaft pin without use of impermissible hindsight and/or destroying the intended structure of the device.
In regards to claims 7 and 11, the prior art fails to disclose each and every limitation of claim 3 from which the claims depend.
Regarding claim 15, Lu discloses the elastic member in the form of a torsion spring with a pair of projected sections connected to opposed ends of the coiled sections. However, Lu, as modified by Xu, is silent to an area located adjacent to the shaft receiving section having a slant pressing section and a shaft bar assembled to the shaft receiving section so that the shaft bar extends through the coiled sections of the elastic member and the elongate slots on the shell, wherein the pivotal end of the actuating lever is allowed to move along or rotate in the elongate slots in a reciprocating motion. The examiner can find no motivation to modify the latch device taught by Lu, in view of Xu, to further include a slant pressing section and configure the shaft bar to extend through both the coiled sections of the elastic member and the elongate slots on the shell without use of impermissible hindsight and/or destroying the intended structure of the device.
In regards to claims 20 and 23, the prior art fails to disclose each and every limitation of claim 15 from which the claims depend.
Regarding claim 17, Lu, in view of Xu, teaches the latch device of claim 13, wherein the linking member is T-shaped and the sliding member has an assembling section with a pair of shaft holes. However, Lu, in view of Xu, do not explicitly teach the linking member provided with a recessed section and a shaft bar extended through the shaft receiving section on the actuating lever, the shaft holes on the sliding member, and pivotally connected to the elongate slots. The examiner can find no motivation to modify the latch device taught by Lu, in view of Xu, to provide a recessed section at an area at the second end of the linking member located adjacent to the secondary shaft receiving section, without use of impermissible hindsight and/or destroying the intended device.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-24 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.
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/EGB/Examiner, Art Unit 3675 /KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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