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 § 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.
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) in further view of Waddell (U.S. Pat. No. 1518235).
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 assembly is provided in the case body; the locking assembly limits rotation of the limiting member; and the locking assembly translates and rotates to unlock the limiting member, wherein the locking assembly includes a driving portion having a rear end that extends to a rear door of the case body such that the locking assembly translates and rotates from a rear door side of the case body to unlock the limiting member, wherein the locking assembly includes a lock piece, wherein the driving portion translates and pushes the lock piece to rotate, and wherein the locking assembly includes a guiding groove such that translation of the locking assembly is limited by a length of the guiding groove.
Black discloses an inner side of a front door (Figs. 1-2, guard element 21) is connected to a limiting member (Figs. 3 and 4, lock bar means 37 of lock cover 55); 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 assembly (Figs. 2 and 4, push bar means 43 with releasable fastening means 25) is provided in the housing (house 19); the locking assembly (push bar means 43 with releasable fastening means 25) limits rotation of the limiting member (lock bar means 37); and the locking assembly (43 with 25) translates and rotates to unlock the limiting member (Figs. 4-5 show push bar means 43 slides toward latch means 41 which rotates clockwise to release lock bar means 37), wherein the locking assembly (43 with 25) includes a driving portion (push bar means 43) having a rear end (91), wherein the locking assembly (43 with 25) includes a lock piece (Figs. 4-5, latch means 41), wherein the driving portion (43) translates and pushes the lock piece (41) to rotate (Figs. 4 to 5 shows exterior portion 77 of push bar means 43 moving towards latch means 41 and pushing latch means 41 to rotate counterclockwise), and wherein the locking assembly (43 with 25) includes a guiding groove (Figs. 4-5, passageway 59 and/or housing of enlarged head 91) such that translation of the locking assembly is limited by a length of the guiding groove (Figs. 4-5 show passageway 59 limits how far push bar means 43, with retaining washer 85, can translate forward and backward).
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
The combination fails to disclose the driving portion having a rear end that extends to a rear door of the case body such that the locking assembly translates and rotates from a rear door side of the case body to unlock the limiting member.
Waddell discloses a locking assembly (Fig. 3, rod 62 with arm 54) having a driving portion (rod 62) having a rear end that extends to a rear door of the case body (Figs. 3 and 8 show rear end of rod 62 extends to rear door 65 which is at the rear side of the case) such that the locking assembly is operable from a rear door side of the case body to unlock a limiting member (Page 3, lines 12-20, “after opening the door 65 he will move the sliding bolt to the position shown in dotted line as shown in Fig. 8, as whereupon the spring 63 actuates the arm 54 about its pivotal mounting and disengages the finger 56 and catch 57”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention when installing the lock of Black on the merchandiser of Grassmuck to extend the push rod means so that is accessible and operable from a rear side door of the merchandiser, such as taught by Waddell, with a reasonable expectation of success in order to provide a user, such as a sales attendant providing service from behind the counter, with an unlocking mechanism that is easily accessible and conveniently located.
With respect to claim 14, Grassmuck in view of Black in further view of Waddell 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 lock piece (latch means 41) is at least partially inserted into the lockhole (Fig. 4, latch 65 of the latch means 41 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 latch 65 from groove 47).
With respect to claim 15, Grassmuck in view of Black in further view of Waddell discloses the limitation set forth above. The combination (Black) further discloses wherein the locking assembly (push bar means 43 with releasable fastening means 25) further comprises a pivot shaft (Fig. 4, pin shaft 67); 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 (push bar means 43) moves to push the lock piece to rotate (Figs. 4 to 5 shows push bar means 43 moving towards latch means 41 and pushing 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 in further view of Waddell 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, push bar means 43 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
Response to Arguments
Applicant’s arguments with respect to claim 1 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.
Applicant has amended the claim to include the new limitation “wherein the locking assembly includes a driving portion having a rear end that extends to a rear door of the case body such that the locking assembly translates and rotates from a rear door side of the case body to unlock the limiting member”.
While this limitation overcomes the rejection made in the non-final rejection dated 4/2/2026 over Grassmuck (U.S. Pat. No. 5639149) in view of Black (U.S. Pat. No. 4208837), the limitation is taught by Grassmuck (U.S. Pat. No. 5639149) in view of Black (U.S. Pat. No. 4208837) in further view of Waddell (U.S. Pat. No. 1518235) as mapped in the claim 1 rejection above. When installing the lock of Black on the merchandiser of Grassmuck, one having ordinary skill in the art would have found it obvious to extend the push rod means so that is accessible and operable from a rear side door of the merchandiser, such as taught by Waddell, with a reasonable expectation of success in order to provide a user, such as a sales attendant providing service from behind the counter, with an unlocking mechanism that is easily accessible and conveniently located.
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 ELIZABETH IRENE ARTALEJO whose telephone number is (571)272-4292. The examiner can normally be reached M-F 8-6.
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/E.I.A./ Examiner, Art Unit 3637
/HANH V TRAN/Primary Examiner, Art Unit 3637
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