DETAILED ACTION
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 1 is rejected under 35 U.S.C. 102a(1) as being anticipated by Kopylov, US 2011/0068588 A1. Kopylov discloses a buckle comprising a first fixing seat (16) having a first fixing portion (20), a second fixing seat (14), arranged side by side with the first fixing seat (16), comprising a catching portion (hook portion of second fixing seat (14)) and a second fixing portion (20), and a connecting arm (15, 17). One end (17) of the connecting arm is rotatably connected to the first fixing seat (16), and another end (15) of the connecting arm comprises a drawbar (15). The drawbar (15) being used to engage and secure with the catching portion (hook portion of second fixing seat (14)). Kopylov discloses the buckle with at least one locking assembly (21, 22, 25-26, 28-29,figures 4a-4c). The connecting arm comprises at least one first insertion hole (28). The first fixing seat comprises a second insertion hole (27) disposed corresponding to each of the at least one first insertion hole. The at least one locking assembly is used to be inserted into the first insertion hole and the second insertion hole to secure the connecting arm and the first fixing seat together to prevent the connecting arm from rotating (figures 1, 4a-4c).
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Claim 1 is rejected under 35 U.S.C. 102a(1) as being anticipated by Gromotka, US 5271649. Gromotka discloses a buckle comprising a first fixing seat (10) having a first fixing portion (18a,b), a second fixing seat (40), arranged side by side with the first fixing seat (10), comprising a catching portion (41) and a second fixing portion (46a,b), and a connecting arm (20,30). One end (20) of the connecting arm is rotatably connected (21) to the first fixing seat (10), and another end (30) of the connecting arm comprises a drawbar (32). The drawbar (32) being used to engage and secure with the catching portion (41). Gromotka discloses the buckle with at least one locking assembly (holes 16, 29 and lock, column 4, lines 4-8). The connecting arm comprises at least one first insertion hole (29). The first fixing seat comprises a second insertion hole (16) disposed corresponding to each of the at least one first insertion hole. The at least one locking assembly is used to be inserted into the first insertion hole and the second insertion hole to secure the connecting arm and the first fixing seat together to prevent the connecting arm from rotating (column 4, lines 4-8).
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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.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Gromotka, US 5271649 in view of Awalt, Jr., 5002002. Gromotka discloses a buckle comprising a first fixing seat (10) having a first fixing portion (18a,b), a second fixing seat (40), arranged side by side with the first fixing seat (10), comprising a catching portion (41) and a second fixing portion (46a,b), and a connecting arm (20,30). One end (20) of the connecting arm is rotatably connected (21) to the first fixing seat (10), and another end (30) of the connecting arm comprises a drawbar (32). The drawbar (32) being used to engage and secure with the catching portion (41). Gromotka discloses the buckle with at least one locking assembly (holes 16, 29 and lock, column 4, lines 4-8). The connecting arm comprises at least one first insertion hole (29). The first fixing seat comprises a second insertion hole (16) disposed corresponding to each of the at least one first insertion hole. The at least one locking assembly is used to be inserted into the first insertion hole and the second insertion hole to secure the connecting arm and the first fixing seat together to prevent the connecting arm from rotating (column 4, lines 4-8).
The claim requires that the lock be a padlock. Gromotka discloses a lock. It does not specify that the lock is a padlock. However, Awalt discloses the use of a padlock for locking the latch (column 3, lines 16-20). The use of the padlock makes the latch more secure in the fact that only the person with the key or combination can unlocked the latch. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to use a padlock in place of Gromotka’s lock to make the latch more secure from unwanted opening.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Frederickson, US 2021/0293047 in view of Kopylov, US 2011/0068588 A1. Frederickson discloses a roof tent (20, figure 4) with a first (25, figure 3) and second (2) board pivotally attached (7) to one another. In the closed position, the first (25) and second (2) boards are latched to one another via a cam latch (5).
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The claim requires the use of a cam latch with details not defined by Frederickson. As discussed previously, Kopylov discloses that this type of latch is old and well known (see explanation of Kopylov in the rejection of claim 1). Both latches work equally as well as the other in securing Frederickson’s first and second boards. In addition, Kopylov’s latch includes a locking mechanism to prevent the latch from accidentally opening. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to use Kopylov’s alternatively designed latch to achieve the same results in securing Frederickson’s pop-up tent in the closed configuration and to prevent the latch from inadvertently opening while in the closed position.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Foley, US 2010/0116858 A1 in view of Kopylov, US 2011/0068588 A1. Foley discloses a roof trunk (10) having a first trunk part (20) hinged (28) to a second trunk part (bottom of trunk). The first trunk part is closed and secured to the bottom with a buckle (30, 32).
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The claim requires the use of a cam latch with details not defined by Foley. As discussed previously, Kopylov discloses that this type of latch is old and well known (see explanation of Kopylov in the rejection of claim 1). Both latches work equally as well as the other in securing Foley’s first and second trunk parts. Kopylov’s latch includes a locking mechanism to prevent the latch from accidentally opening without the need for a key to unlock a padlock, i.e., saving the user time and making it easier to open the trunk. Therefore, it would have been obvious, prior to the earliest effective filing date, to a person having ordinary skill in the art to use Kopylov’s alternatively designed latch to achieve the same results in securing Foley’s first trunk part to the second trunk part and to provide an easier and more convenient to use locking latch.
Allowable Subject Matter
Claims 2-17 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACK W LAVINDER whose telephone number is (571)272-7119. The examiner can normally be reached Mon-Friday 9-4pm (EST).
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JACK W. LAVINDER
Primary Patent Examiner
Art Unit 3677
/JACK W LAVINDER/Primary Examiner, Art Unit 3677