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 .
This is the First Office action on the Merits from the examiner in charge of this application.
Election/Restrictions
Applicant's election with traverse of Species 4 in the reply filed on 2/9/2026 is acknowledged. The traversal is on the ground(s) that the different species are obvious variants of one another not patentably distinct species, and there is no appreciable search or examination burden on the Examiner since the pertinent art resides in the same mechanical domain of door latches and locking mechanisms. This is not found persuasive because each species would require a customized test and classification search for their distinct features (such as “pivoting” or “swinging” or “hook” with CPC Y10T292/0926 used during examination of the elected species, which would result in art similar to only Species 4 and share no common features with the locking mechanisms/door closures of Species 1-3) and therefore would be a search burden.
The requirement is still deemed proper and is therefore made FINAL.
Claims 2-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 2/9/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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. Therefore, the “locking member translates or rotates to unlock the limiting member” of claim 1 must be shown or the feature(s) canceled from the claim(s). The locking member (3) of the present embodiment (Figs. 11-16) appears to consist of a sliding platelike member which translates and further comprises a spring biased rotating member (lock piece 36), therefore the locking member translates and rotates to unlock the limiting member. The specification (Paragraphs 0060, 0066) describes the “driving portion 38 moves forward, moves backward, or rotates to push the lock piece 36 to rotate” and “the driving portion 38 rotates around the locating pin shaft” however the Figures do not show a rotatable locking member 3 that rotates to push the lock piece 36, nor do they show a locking member 3 rotatable around a locating pin shaft. 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.
Claim Objections
Claim 20 is objected to because of the following informalities: claim 20 recites “a compression spring” in line 2 which appears to be the same compression spring of claim 18 (shown as part 39 in Fig. 12). Since there are no other compression springs disclosed by the specification or the drawings, claim 20 should recite “the compression spring”. Appropriate correction is required.
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.
Claims 1 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Grassmuck (U.S. Pat. No. 5639149) in view of Black (U.S. Pat. No. 4208837).
With respect to claim 1, Grassmuck discloses a controllable front door opening structure for a double-door display case (Fig. 1), comprising a case body (merchandiser 10), wherein a front side of the case body is rotatably connected to a front door (Figs. 3 and 4, glass front panel 17 is connected to merchandiser 10 via hinge means 22).
Grassmuck fails to disclose an inner side of the front door is connected to a limiting member; the limiting member rotates synchronously with the front door; a locking member is provided in the case body; the locking member limits rotation of the limiting member; and the locking member translates or rotates to unlock the limiting member.
Black discloses an inner side of a front door (Figs. 1 and 2, guard element 21) is connected to a limiting member (Figs. 3 and 4, lock bar means 37 of the releasable fastening means 25); the limiting member (37) rotates synchronously with the front door (as stated in Col. 5, lines 27-28, “the lock cover 55 moves inwardly and outwardly with the lock bar means and the guard element” as guard element 21 swings about hinge mounting means 23 as shown in Fig. 2); a locking member (Fig. 4, push bar means 43 of the releasable fastening means 25) is provided in the housing (house 19); the locking member (push bar means 43) limits rotation of the limiting member (lock bar means 37); and the locking member (43) translates or rotates to unlock the limiting member (Figs. 4 and 5 shows push bar means slides toward latch means 41 to release lock bar means 37).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the merchandiser of Grassmuck such that a releasable fastening means is provided for releasably locking the pivoting front panel, such as taught by Black, with a reasonable expectation of success in order to secure the panel in a closed position and to further prevent unauthorized access to the contents of the merchandiser. See annotated Figs. 1 and 5 below, which show the approximate location of the releasable locking means of Black between the front panel and merchandiser of Grassmuck.
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Annotated Figs. 1 and 5
With respect to claim 14, the Grassmuck in view of Black discloses the limitation set forth above. The combination (Black) further discloses wherein the limiting member (lock bar means 37) comprises a backward-extending first limiting portion (Figs. 4 and 5, shoulder 45 extends backwards towards push bar means 43); a lockhole (groove 47) is formed in the first limiting portion (shoulder 45); the locking member (push bar means 43) comprises a lock piece (Figs. 4 and 5, latch means 41); the lock piece (41) is at least partially inserted into the lockhole (Fig. 4, latch 65 is inserted in groove 47) to limit the rotation of the limiting member (latch 65 holds lock bar means 37 in the closed, locked position of Fig. 4, therefore lock bar means 37 cannot be rotated); and the lock piece (latch means 41) rotates to separate from the lockhole (from Figs. 4 to 5, latch means 41 rotates counterclockwise to separate from groove 47).
With respect to claim 15, the Grassmuck in view of Black discloses the limitation set forth above. The combination (Black) further discloses wherein the locking member (push bar means 43) further comprises a pivot shaft (Fig. 4, pin shaft 67) and a driving portion (Fig. 4, exterior portion 77); and the lock piece (latch means 41) is sleeved on an outer side of the pivot shaft (Fig. 4, latch means 41 surrounds pin shaft 67), and rotates around the pivot shaft (from Fig. 4 to 5, latch means 41 rotates counterclockwise about pin shaft 67); and the driving portion (exterior portion 77) moves to push the lock piece to rotate (Figs. 4 to 5 shows exterior portion 77 moving towards latch means 41 and causing latch means 41 to rotate counterclockwise), wherein the lock piece (41) rotates to separate from the lockhole (Fig. 5, latch means 41 has been rotated and is no longer inserted into groove 47), or the lock piece is inserted into the lockhole (Fig. 4, latch means 41 is rotated clockwise and inserted into groove 47).
With respect to claim 16, Grassmuck in view of Black discloses the limitation set forth above. The combination (Black) further discloses wherein the lock piece (latch means 41) is provided with a guiding surface (see annotated Fig. 5 below, u-shaped surface of latch means 41); and the driving portion moves forward to push the guiding surface (Fig. 5, exterior portion 77 is moved forward and pushes u-shaped surface of 41), wherein the lock piece (41) rotates to separate from the lockhole (Fig. 5, latch means 41 is separated from groove 47); or the driving portion pushes the guiding surface (From Fig. 5 to Fig. 4, when the push bar means 43 is released, the exterior portion pushes on the left side of the u-shaped surface of latch means 41), wherein the lock piece (Fig. 4, latch means 41) is inserted into the lockhole (groove 47).
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Annotated Fig. 5
Since the driving portion moves forward to push the guiding surface, wherein the lock piece rotates to separate from the lockhole or (and) the driving portion pushes the guiding surface, wherein the lock piece is inserted into the lockhole (as explained in the claim 16 rejection above), the following limitations are not considered: or the driving portion moves backward to push the guiding surface wherein the lock piece rotates to separate from the lockhole; or the driving portion rotates to push the guiding surface, wherein the lock piece rotates to separate from the lockhole.
With respect to claim 17, Grassmuck in view of Black discloses the limitation set forth above. The combination further discloses wherein a rack (Grassmuck, Fig. 1, shelf means 19) is provided in the case body (Grassmuck, merchandiser 10); and the pivot shaft (Black, pin shaft 67) is provided on at least one of an inner surface of the case body (the merchandiser 10 of Grassmuck as modified to include the releasable fastening means 25 of Black between the glass front panel 17 and the merchandiser body (see claim 1 rejection above), therefore the pin shaft 67 of Black would be provided on an inner surface of the merchandiser 10).
Since the pivot shaft is provided on an inner surface of the case body (as explained in the claim 17 rejection above), the following limitations are not considered: the pivot shaft is provided on at least one of an outer side of the rack and an interior of an accommodation space; the accommodation space has an opening, and is formed in the rack or in at least one of an inner top of the case body, an inner bottom of the case body, an inner left side of the case body, and an inner right side of the case body; and when the pivot shaft is located in the accommodation space, the lock piece partially extends out of the opening and is inserted into the lockhole.
With respect to claim 18, Grassmuck in view of Black discloses the limitation set forth above. The combination further discloses wherein at least one of a position between the lock piece (Black, latch means 41) and the inner surface of the case body (Grassmuck, inner surface of merchandiser 10) is provided with a compression spring (the merchandiser 10 of Grassmuck as modified to include the releasable fastening means 25 of Black between the glass front panel 17 and the cabinet body (see claim 1 rejection above), therefore the biasing means 71 of Black would be between the latch means 41 and the inner surface of the merchandiser 10), thereby keeping the lock piece (Black, latch means 41) inserted into the lockhole (groove 47).
Since a position between the lock piece and the inner surface of the case body is provided with a compression spring, thereby keeping the lock piece inserted into the lockhole (as explained in the claim 18 rejection above), the following limitations are not considered: wherein at least one of a position between the lock piece and a surface of the rack, and a position between the lock piece and an inner wall of the accommodation space is provided with a compression spring thereby keeping the lock piece inserted into the lockhole, or keeping the lock piece separated from the lockhole.
With respect to claim 19, Grassmuck in view of Black discloses the limitation set forth above. The combination (Black) further discloses wherein one end of the lock piece (latch means 41) is provided with a lock hook (latch 65 is a hook-shaped end of latch means 41).
Since the pivot shaft is provided on an inner surface of the case body (as explained in in the claim 17 rejection above), the following limitation will not be considered: when the lock hook is inserted into the lockhole, and when the pivot shaft is located in the accommodation space, the lock piece extends out via the opening.
With respect to claim 20, Grassmuck in view of Black discloses the limitation set forth above. The combination (Black) further discloses wherein the lock piece (latch means 41) is provided with a locating post (see annotated Fig. 5 below, locating post); a compression spring (biasing means 71) is sleeved on an outer side of the locating post (Fig. 5, biasing means surrounds the locating post); and the compression spring (71) comprises a first end abutting against lock piece (Fig. 5, lower end of compression spring abuts latch means 41), and a second end abutting against one of an inner wall of the accommodation space, the outer side of the rack, and the inner surface of the case body (upper end of biasing means 71 abuts a wall of lock housing 39 which is included in the inner surface of the merchandiser 10 as shown in the claim 1 rejection above).
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Annotated Fig. 5
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, and all show structures similar to various elements of applicant’s disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ELIZABETH IRENE ARTALEJO whose telephone number is (571)272-4292. The examiner can normally be reached M-F 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.I.A./ Examiner, Art Unit 3637
/HANH V TRAN/Primary Examiner, Art Unit 3637
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