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 .
The examiner acknowledges applicant’s amendments to claims 1-20 filed August 25, 2025.
Claim Objections
Claims 8-11, 15, and 18 are objected to because of the following informalities:
In regards to claim 8, lines 1 and 2, the phrase “wherein further comprising the controller” should be changed to “wherein the controller.”
In regards to claim 9, line 2, the phrase “a remote device” should be changed to “the external device.”
In regards to claim 9, line 4, the phrase “the received lock or unlock control signals” should be changed to “the received lock or unlock signals” so as to coincide with the languages used in lines 2 and 3 of the claim.
In regards to claim 11, the claim should read as follows after the preamble: “further comprising a power source configured to provide power to an actuator, wherein the rotatable member is maintained in the locked position in absence of power from the power source to the actuator.”
In regards to claim 15, lines 17-19 should read as follows: “a power source configured to provide power to the actuator, wherein the rotatable member is maintained in the locked position in absence of power from the power source to the actuator; and,” in line 21, the phrase “the position of the latch tongue” should be changed to “a position of the latch tongue,” and in lines 26 and 27, the phrase “an external device” should be changed to “the external device via the controller.”
In regards to claim 18, line 8, the phrase “the jamb” should be changed to “the door jamb,” in line 10, a comma should be inserted after the phrase “in the first position,” in line 11, a comma should be inserted after the phrase “in the second position,” and in lines 15-17 should read as follows: “a power source configured to provide power to the actuator, wherein the rotatable member is maintained in the locked position in absence of power from the power source to the actuator; and.”
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 9, 11, and 15-20 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.
In regards to claim 9, the relationship between the “remote device” of claim 9 and the “external device” of claim 1 is unclear from the claim language. The specification only discusses an external device and not a remote device in addition to the external device, therefore, the remote device must be equivalent to the external device and will be examined as such. See claim objections above.
In regards to claims 11, 15, and 18, it is unclear how the actuator is configured to maintain the rotatable member in the locked position when there is no power from the power source. The specification sets forth on Page 17, line 16 through Page 18, line 19 that at least spring 176 causes arm 124 to return to the first or locked position, and therefore, the spring maintains the locked position of the rotatable member and not the actuator. For examination purposes, the claim will be examined with the language set forth in the claim objections above, based on the specification.
Claim 15 recites the limitation "the position" in line 21. There is insufficient antecedent basis for this limitation in the claim. See claim objections above.
In regards to claim 15, the relationship between the “external device” recited in lines 26 and 27 and the “external device” recited in line 22 is unclear from the claim language. It is understood from the specification that the “external device” of lines 26 and 27 is equivalent to the “external device” of line 22, and will be examined as such. See claim objections above.
In regards to claims 16, 17, 19, and 20, these claims are rejected under 35 U.S.C. 112(b) because they depend from claims 15 and 18.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-11, 14, 15, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zawadzki et al. (US-3640560) in view of Pfunder et al. (US Pub. No. 2018/0245372).
In regards to claim 1, Zawadzki et al. discloses an access control system, the system comprising: a housing 12 configured to be mounted within a door jamb (Col. 1, lines 63-66); a rotatable member 30, 36 (as a unit) disposed within the housing and rotatable about a first axis (axis extending into the page through shaft 34, Figure 3) that is parallel to the door jamb, wherein the rotatable member is rotatable between a locked position (Figure 3) and an unlocked position (Col. 3, lines 8-24), and wherein the rotatable member comprises: an inner sidewall (see Figure 3 below) and an outer sidewall (see Figure 3, Version 1 below) forming a latch cavity therebetween (cavity in which latch tongue 18 is located, Figure 3), the latch cavity configured to receive a latch tongue 18 of a swinging door 28, wherein the inner sidewall extends a first distance from the first axis (see Figure 3, Version 1 below) and the outer sidewall extends a second distance from the first axis (see Figure 3 below), wherein a first wall surface of the inner sidewall is parallel to a second wall surface of the outer sidewall (see Figure 3, Version 1 below, with the portions at the indicator arrows being considered as the surfaces), and the first distance is greater than the second distance (see Figure 3, Version 1 below); a biasing mechanism 38 configured to bias the rotatable member toward the unlocked position in which the latch cavity is aligned to receive or release the latch tongue (spring 38 biases at least portion 36 of the rotatable member in a counterclockwise direction in Figure 3 or towards the unlocked position, Col. 2, lines 19-25); and a sensor 90 configured to detect a position of the latch tongue relative to the latch cavity, and/or detect a position of the rotatable member to provide a signal indicative of the position of the latch tongue and/or the rotatable member (signal as an alarm or light, Col. 3, lines 25-32).
Zawadzki et al. fails to disclose that the sensor provides a signal to an external device via a controller, wherein the controller is configured to transmit the signal to the external device using a wireless communication protocol. Pfunder et al. teaches an access control system including a sensor 424 or 332 configured to detect a position of a bolt or latch (Paragraphs 72 and 123) to provide a signal indicative of the position of the bolt or latch to an external device 38 via a controller 400, with the controller being configured to transmit the signal to the external device using a wireless communication protocol (Paragraphs 52, 56, 57, and 137). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to specify that the sensor provides a signal to an external device via a controller, with reasonable expectation of success, in order to allow the state of the access control system to be monitored and controlled from a remote location.
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In regards to claim 2, Zawadzki et al. discloses that the biasing mechanism comprises a spring element 38 configured to exert a force on the rotatable member to bias the rotatable member toward the unlocked position (spring 38 biases at least portion 36 of the rotatable member in a counterclockwise direction in Figure 3 or towards the unlocked position, Col. 2, lines 19-25).
In regards to claim 3, Zawadzki et al. discloses an actuator 76 disposed within the housing and operatively connected to the rotatable member, the actuator configured to control release of the rotatable member from the locked position (Col. 3, lines 8-24).
In regards to claim 4, Zawadzki et al. discloses that the actuator is configured to translate (“to bear, remove, or change from one place, state, form or appearance to another” as defined by Merriam-Webster’s Dictionary) a linkage system 56, 68 to allow rotation of the rotatable member.
In regards to claim 5, Zawadzki et al. discloses that the rotatable member includes a notch (portion with surface 48, Figure 3) configured to receive an arm 44 that engages the rotatable member in the locked position, and wherein the linkage is coupled to the arm (Figure 3).
In regards to claim 6, Zawadzki et al. discloses that the arm is pivotably connected to the housing and is movable between a position engaging the notch to maintain the rotatable member in the locked position (Figure 3) and a position disengaged from the notch to allow the rotatable member to rotate to the unlocked position (Col. 3, lines 8-24).
In regards to claim 7, Zawadzki et al. discloses that the linkage system translates movement of the actuator into pivotal movement of the arm (Col. 3, lines 8-24).
In regards to claim 8, Zawadzki et al. in view of Pfunder et al. teaches that the controller is in electrical communication with the actuator (Pfunder et al. teaches that the controller is in electrical communication with an actuator 240), and the controller is configured to receive wireless signals and activate the actuator in response thereto (Paragraphs 132 and 134 of Pfunder et al.).
In regards to claim 9, Zawadzki et al. in view of Pfunder et al. teaches that the controller is configured to receive the wireless control signals from the external device via the wireless communication protocol (Paragraphs 52, 56, 57, and 137 of Pfunder et al.).
In regards to claim 10, Zawadzki et al. in view of Pfunder et al. teaches that the wireless control signals include lock or unlock signals (dogging or undogging, Paragraphs 132 and 134 of Pfunder et al.), and the controller is configured to: receive the lock or unlock signals; and validate the received lock or unlock signals using an encrypted communication (teaches that at least Zigbee can be used for communication, which is an encrypted communication, Paragraphs 56 and 137 of Pfunder et al.).
In regards to claim 11, Zawadzki et al. discloses a power source (inherent source of power for actuator 76, Col. 2, line 53 – Col. 3, line 23) configured to provide power to an actuator 76, wherein the rotatable member is maintained in the locked position in absence of power from the power source to the actuator (maintained in locked position by spring 74 moving locking cam 68 to a locked position when the actuator is not energized, Col. 3, lines 1-23).
In regards to claim 14, Zawadzki et al. discloses that the inner sidewall comprises a first hinge portion (portion of component 30 that receives shaft 34, Figure 3) coupled to the first wall surface, and the outer sidewall comprises a second hinge portion (portion of component 36 that received shaft 34, Figure 3) coupled to the second wall surface, and wherein the first and second hinge portions are coupled by a hinge pin 34 that is aligned with the first axis.
In regards to claim 15, Zawadzki et al. discloses an access control system, the system comprising: a rotatable member 30, 36 (as a unit) disposed within a door jamb (Col. 1, lines 63-66) and rotatable about a first axis (axis extending into the page through shaft 34, Figure 3) that is parallel to the door jamb, wherein the rotatable member is rotatable between a locked position (Figure 3) and an unlocked position (Col. 3, lines 8-24), wherein the rotatable member includes a notch (portion with surface 48, Figure 3) configured to receive an arm 44 that engages the rotatable member in the locked position, and wherein the rotatable member comprises: an inner sidewall and an outer sidewall (see Figure 3, Version 1 on Page 7 of the current Office Action) forming a latch cavity therebetween (cavity in which latch tongue 18 is located, Figure 3), the latch cavity configured to receive a latch tongue 18 of a swinging door 28, wherein the inner sidewall extends a first distance from the first axis and the outer sidewall extends a second distance from the first axis (see Figure 3, Version 1 on Page 7 of the current Office Action), wherein the inner sidewall is parallel to the outer sidewall (at least a portion of each of the inner and outer sidewalls being parallel with one another in the area shown in Figure 3, Version 1 on Page 7 of the current Office Action) and the first distance is greater than the second distance (see Figure 3, Version 1 on Page 7 of the current Office Action); and a biasing mechanism 38 configured to bias the rotatable member toward the unlocked position in which the latch cavity is aligned to receive or release the latch tongue (spring 38 biases at least portion 36 of the rotatable member in a counterclockwise direction in Figure 3 or towards the unlocked position, Col. 2, lines 19-25); an actuator 76 coupled to the rotatable member via a linkage system 56, 68 and the arm, wherein the linkage system is configured to translate movement of the actuator into pivotal movement of the arm and thereby control release of the rotatable member from the locked position (Col. 3, lines 8-24); a power source (inherent source of power for actuator 76, Col. 2, line 53 – Col. 3, line 23) configured to provide power to the actuator, wherein the rotatable member is maintained in the locked position in absence of power from the power source to the actuator (maintained in locked position by spring 74 moving locking cam 68 to a locked position when the actuator is not energized, Col. 3, lines 1-23); and a sensor 90 configured to detect a position of the latch tongue relative to the latch cavity and provide a signal indicative of the position of the latch tongue (signal as an alarm or light, Col. 3, lines 25-32).
Zawadzki et al. fails to disclose that the sensor provides a signal to an external device via a controller, wherein the controller is configured to: validate received lock or unlock signals using encrypted communications; and wirelessly transmit the signal indicative of the position of the latch tongue to the external device via the controller using a wireless communication protocol. Pfunder et al. teaches an access control system including a sensor 424 or 332 configured to detect a position of a bolt or latch (Paragraphs 72 and 123) to provide a signal indicative of the position of the bolt or latch to an external device 38 via a controller 400, with the controller being configured to: validate received lock or unlock signals using encrypted communications (teaches that at least Zigbee can be used for communication, which is an encrypted communication used for validation of the controller cooperating the proper management system 30, Paragraphs 56, 132, 134, 137, and 164); and wirelessly transmit the signal indicative of the position of the bolt or latch to the external device via the controller using a wireless communication protocol (Paragraphs 52, 56, 57, and 137). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to specify that the sensor provides a signal to an external device via a controller, with the controller receiving wireless signals as well, with reasonable expectation of success, in order to allow the state of the access control system to be monitored and controlled from a remote location.
In regards to claim 17, Zawadzki et al. discloses that the inner sidewall comprises a first hinge portion (portion of component 30 that receives shaft 34, Figure 3) coupled to the first wall surface, and the outer sidewall comprises a second hinge portion (portion of component 36 that received shaft 34, Figure 3) coupled to the second wall surface, and wherein the first and second hinge portions are coupled by a hinge pin 34 that is aligned with the first axis.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zawadzki et al. (US-3640560) in view of Pfunder et al. (US Pub. No. 2018/0245372) as applied to claims 1-11, 14, 15, and 17 above, and further in view of Egi et al. (US-6966585). Zawadzki et al. discloses the access control system as applied to claim 1 above, an actuator 76 being powered by a power source (inherent source of power for actuator 76, Col. 2, line 53 – Col. 3, line 23), but fails to specify that the housing defines an opening configured to enable replacement of the power source for the system. Egi et al. discloses a housing 10, 11 that defines an opening (opening for grommet 40, Figure 5) configured to enable replacement of a power source for a system (the opening is capable of allowing replacement of the cable extending into the grommet for power, Col. 7, lines 34-36). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to specify that the power source is a wired power source that extends through an opening in the housing, with reasonable expectation of success, in order to allow a user access to the power source for any replacement or repair.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zawadzki et al. (US-3640560) in view of Pfunder et al. (US Pub. No. 2018/0245372) as applied to claims 1-11, 14, 15, and 17 above, and further in view of Frolov (US-5735559). Zawadzki et al. discloses the access control system as applied to claim 1 above, with the housing including a cover panel 14 configured to be flush with a surface of the door jamb (Col. 1, lines 63-66), but fails to disclose that the outer panel includes a through-hole configured to receive a secondary latch or deadbolt from the swinging door. Frolov teaches an access control system having a housing 30, 38 including an outer panel 38 configured to be flush with a surface of a door jamb 12 (Figure 2), with the outer panel including a through-hole configured to receive a secondary latch or deadbolt 18 from a swinging door 14 (Col. 4, lines 21-23). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include a through-hole in the outer panel of Zawadzki et al. to cooperate with a secondary latch or deadbolt from the swinging door in order to allow the access control system to cooperate with a door with multiple bolts or latches.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zawadzki et al. (US-3640560) in view of Pfunder et al. (US Pub. No. 2018/0245372), and further in view of Fritz (CH 466075 A). Zawadzki et al. discloses an access control system, the system comprising: a housing 12, 14 configured to be disposed in a door jamb (Col. 1, lines 63-66); a lock body 30, 36 (as a unit) at least partially inside the housing and rotatable about a first axis (axis extending into the page in Figure 3 through shaft 34) between a locked position (Figure 3) and an unlocked position (Col. 3, lines 8-24), and the lock body includes inner and outer sidewalls that bound a latch cavity (see Figure 3, Version 2 below, with the inner sidewall considered as “bounding” the latch cavity by directly bounding the cavity and the outer sidewall considered as “bounding” the latch cavity by indirectly bounding the cavity), wherein the lath cavity is configured to receive a latch tongue 18 of a swinging door, wherein the inner sidewall extends away from the first axis by a first distance (see Figure 3, Version 2 below), and the outer sidewall extends away from the first axis be a different second distance (see Figure 3, Version 2 below), and wherein the first axis is parallel to the door jamb (Figure 1); an arm 56 inside the housing and rotatable between first and second positions (first position in Figure 2 and second position when unblocked by component 68), wherein in the first position, the arm engages the lock body and inhibits rotation of the lock body about the first axis (engages via component 44, Figures 1-3), and in the second position, the arm is disengaged from the lock body (Col. 3, lines 8-24), wherein the arm rotates about a second axis that extends orthogonally to the first axis (axis through shaft 58, Figures 1 and 2); an actuator 76 configured to control release of the lock body from the locked position in response to a control signal (Col. 3, lines 1-24); a power source (inherent source of power for actuator 76, Col. 2, line 53 – Col. 3, line 23) configured to provide power to the actuator, wherein the rotatable member is maintained in the locked position in absence of power from the power source to the actuator (maintained in locked position by spring 74 moving locking cam 68 to a locked position when the actuator is not energized, Col. 3, lines 1-23); and a sensor 90 configured to: contact the latch tongue when the latch tongue enters the latch cavity to cause the sensor to generate a signal indicative of the position of the latch tongue (contacts the latch tongue via the rotatable body and the signal as an alarm or light, Col. 3, lines 25-32), detect the position of the latch tongue relative to the latch cavity and detect a position of the rotatable member (directly detecting a position of the rotatable member which corresponds to a detected position of the latch tongue, Col. 3, lines 25-32), and in response, provide the signal indicative of the position of the latch tongue and the position of the rotatable member.
Zawadzki et al. fails to disclose that the inner and outer sidewalls are parallel. Fritz teaches a lock body 12 having an inner sidewall (sidewall of arm 12a that rests against component 11, Figure 1) and an outer sidewall (wall at indicator line for reference character 12, Figure 1) that are parallel to one another. It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to shape the outer sidewall of Zawadzki et al. to be parallel to the inner sidewall, with reasonable expectation of success, since it has been held that a change in the shape of a prior art device is a design consideration within the lever of skill of one skilled in the art.
Zawadzki et al. fails to disclose that the sensor provides a signal to an external device via a controller, wherein the controller is configured to: validate received lock or unlock signals using encrypted communications; and wirelessly transmit the signal indicative of the position of the latch tongue to the external device via the controller using a wireless communication protocol. Pfunder et al. teaches an access control system including a sensor 424 or 332 configured to detect a position of a bolt or latch (Paragraphs 72 and 123) to provide a signal indicative of the position of the bolt or latch to an external device 38 via a controller 400, with the controller being configured to: validate received lock or unlock signals using encrypted communications (teaches that at least Zigbee can be used for communication, which is an encrypted communication used for validation of the controller cooperating the proper management system 30, Paragraphs 56, 132, 134, 137, and 164); and wirelessly transmit the signal indicative of the position of the bolt or latch to the external device via the controller using a wireless communication protocol (Paragraphs 52, 56, 57, and 137). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to specify that the sensor provides a signal to an external device via a controller, with the controller receiving wireless signals as well, with reasonable expectation of success, in order to allow the state of the access control system to be monitored and controlled from a remote location.
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In regards to claim 20, Zawadzki et al. discloses that the inner sidewall comprises a first hinge portion (portion of component 30 that receives shaft 34, Figure 3) coupled to the first wall surface, and the outer sidewall comprises a second hinge portion (portion of component 36 that received shaft 34, Figure 3) coupled to the second wall surface, and wherein the first and second hinge portions are coupled by a hinge pin 34 that is aligned with the first axis.
Allowable Subject Matter
Claims 16 and 19 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 each or make obvious the invention of claims 16 and 19.
In regards to claim 16, Zawadzki et al. (US-3640560) discloses that the linkage system comprises: a first link member 56 engageable with the arm; and a cam member 68 coupled to a shaft 78 of the actuator and movably coupled to the first link member, the cam member configured to translate or move the first link member. Zawadzki et al. fails to disclose a second link member movably coupled to the first link member, and the cam member configured to translate the second link member in response to rotation of the shaft. The examiner can find no motivation to modify the device of Zawadzki et al. without employing improper hindsight reasoning and without destroying the intended structure and operation of the device.
In regards to claim 19, Zawadzki et al. (US-3640560) discloses that the actuator is coupled to the lock body using a linkage system and the arm, wherein the linkage system comprises: a first link 44 engaged with the arm, and a cam member 68 coupled to a shaft 78 of the actuator and movably coupled to the first link member, the cam member configured to translate or move the first link member. Zawadzki et al. fails to disclose a second link member movably coupled to the first link member, and that the cam member is configured to translate the second link member in response to rotation of the shaft. The examiner can find no motivation to modify the device of Zawadzki et al. without employing improper hindsight reasoning and without destroying the intended structure and operation of the device.
Response to Arguments
In light of applicant’s amendments to the claims, applicant is referred to the new rejections under 35 U.S.C. 103 set forth in the current Office Action.
In light of applicant’s amendments to the claims, the claim objections and rejections under 35 U.S.C. 112(b) set forth in the previous Office Action are withdrawn, however, new claim objections and rejections under 35 U.S.C. 112(b) are set forth in the current Office Action based on applicant’s amendments to the claims.
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 ALYSON MERLINO whose telephone number is (571)272-2219. The examiner can normally be reached Monday - Friday 7 AM to 3 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 December 2, 2025