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 § 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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ishikawa et al., US 2011/0169279.
Regarding claim 1, Ishikawa discloses a locking device [lockable with a locking wire that is fixed to a fixing portion and that includes a portion arranged in a position spaced apart from the fixing portion], the locking device comprising: an insertion portion (11) [configured to be inserted through a space between the locking wire and the fixing portion]; a pivot arm (20) [configured, in a state where the insertion portion (11) is inserted through the space, to be located on a side opposite to the insertion portion (11) across the locking wire and to extend parallel to an insertion direction of the insertion portion], the pivot arm (20) being pivotable such that a leading end side (23) of the pivot arm (20) in extending directions thereof moves in directions to come closer to and to move away from the insertion portion (11); a locking protrusion (43) that is provided on the leading end side of the pivot arm (20) and that protrudes toward the insertion portion (11), the locking protrusion being displaceable (see figure 3) relative to the pivot arm in directions parallel to the extending directions of the pivot arm (20); a shaft (21) configured to be located on a side opposite to the locking protrusion (see figure 3) [across the locking wire in the state where the insertion portion is inserted through the space], the shaft (21) supporting the pivot arm (20) in a pivotable manner (figure 3); and a contact part (11A) configured, [in the state where the insertion portion (11) is inserted through the space], to be located on the side opposite to the locking protrusion (43) [across the locking wire and to come into contact with the locking wire in the insertion direction], [wherein the locking protrusion (43) is contactable with the locking wire in a direction opposite to the insertion direction by being displaced (rotated) with respect to the pivot arm (20)].
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the locking device, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the locking device disclosed by Ishikawa et al. (US 2011/0169279), is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 2, Ishikawa discloses the locking device according to claim 1, wherein the locking protrusion (43) is provided with, on a leading end side thereof in a protruding direction thereof, a tapered portion (see figure 2) protruding toward the contact part (11A).
Regarding claim 3, Ishikawa discloses the locking device according to claim 2, wherein the insertion portion (11) is provided with a groove (see figure 2) that allows the tapered portion (figure 2) to be fitted therein (see figure 3).
Regarding claim 4, Ishikawa discloses the locking device according to claim 1, wherein the pivot arm (20) comprises an abutment portion (23) [contactable with the locking wire], [and wherein the abutment portion (23) is configured to come into contact with the locking wire from the side opposite to the insertion portion (11) across the locking wire in the state where the insertion portion is inserted through the space].
Regarding claim 5, Ishikawa discloses the locking device according to claim 2, wherein the pivot arm (20) comprises an abutment portion (23) [contactable with the locking wire], [and wherein the abutment portion (23) is configured to come into contact with the locking wire from the side opposite to the insertion portion across the locking wire in the state where the insertion portion is inserted through the space].
Regarding claim 6, Ishikawa discloses the locking device according to claim 3, wherein the pivot arm (20) comprises an abutment portion (23) [contactable with the locking wire, and wherein the abutment portion is configured to come into contact with the locking wire from the side opposite to the insertion portion across the locking wire in the state where the insertion portion is inserted through the space].
Regarding claim 7, Ishikawa discloses a locking system, comprising: a locking wire (S) that is fixed to a fixing portion (F) and that includes a portion (see figure 1) arranged in a position spaced apart from the fixing portion (F); an insertion portion (11) configured to be inserted through a space between the locking wire (S) and the fixing portion (F); a pivot arm (20) configured, in a state where the insertion portion (11) is inserted through the space (see figure 1), to be located on a side opposite to the insertion portion (11) across the locking wire (S) and to extend parallel to an insertion direction of the insertion portion (11), the pivot arm (20) being pivotable such that a leading end side of the pivot arm (20) in extending directions thereof moves in directions to come closer to and to move away from the insertion portion (11); a locking protrusion (43) that is provided on the leading end side of the pivot arm (20) and that protrudes toward the insertion portion (11), the locking protrusion (43) being displaceable relative to the pivot arm in directions parallel to the extending directions of the pivot arm (20); a shaft (21) configured to be located on a side opposite to the locking protrusion (figure 2) across the locking wire (S) in the state where the insertion portion (11) is inserted through the space (figure 1), the shaft (21) supporting the pivot arm (20) in a pivotable manner; and a contact part (11A) configured, in the state where the insertion portion (11) is inserted through the space, to be located on the side opposite to the locking protrusion (43) across the locking wire (S) and to come into contact with the locking wire (S) in the insertion direction (see figure 3), wherein the locking protrusion (43) is contactable with the locking wire (S) in a direction opposite to the insertion direction by being displaced with respect to the pivot arm (20).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 - 7 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.D./ Examiner, Art Unit 3677
/JASON W SAN/ SPE, Art Unit 3677
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