DETAILED ACTION
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.
Claims 1-2, 10, and 15 are rejected under 35 U.S.C. 102a1 as being anticipated by Opsahl (US 4,726,146).
Regarding claim 1, Opsahl discloses an assembly with a carrier element, a hinged door that is pivotally mounted to the carrier element and pivotable between a closed position and an open position (See Figure 1), and an open-door locking system for locking the hinged door in the open position (See Abstract), wherein the open-door locking system comprises: a hinge bracket (element 36) that is rigidly attached to the carrier element, wherein the hinge bracket comprises a locking notch (element 70); and an open-door locking device comprising: a mounting bracket (element 30) that is pivotally mounted to the hinge bracket; a housing (See at least Figures 6-7 and 11-13, considered combination of elements 38, 42, 43, 48, 50, 52) that is connected to the mounting bracket and rigidly attached to the hinged door (element 38 is directly rigidly connected to element 30, which non-flexibly attached (i.e. rigidly attached) to element 16); a sliding block (element 94) that is accommodated in the housing and slidable in the housing in a first direction between a normal position and an actuated position; and a slider (element 40) that is accommodated in the housing and slidable in the housing in a second direction between a blocking position and a releasing position (Figures 10 and 11), wherein the slider is coupled to the sliding block such that the slider is in the blocking position and engages the locking notch of the hinge bracket for blocking the hinged door in the open position when the sliding block is in the normal position (See Figure 10, See column 4, lines 28-24, “An opening 70 (see FIGS. 2 and 6) is positioned in the upper channel 68 for receiving and engaging with the end 72 of the locking pin 40. When the device 22 is armed for locking, the spring 58 moves the pin's end 72 into engagement with the opening 70.”).
Regarding claim 2, Opsahl discloses wherein the slider comprises a blocking pin (element 40 is a blocking pin) that engages the locking notch of the hinge bracket for blocking the hinged door in the open position when the slider is in the blocking position.
Regarding claim 10, Opsahl discloses wherein the open-door locking system further comprises a remote actuator (element 104) for remotely actuating the open-door locking device, wherein the remote actuator is located spaced apart from the open-door locking device on the hinged door (See at least Figure 8, element 104 is clearly “spaced apart” from the open-door locking device).
Regarding claim 15, Opsahl discloses an aircraft (See Figure 1) comprising an assembly according to claim 1.
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, 3-4, 7-9, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Audisio (US 2001/0025397).
Regarding claim 1, Audisio discloses an assembly with a carrier element, a hinged door that is pivotally mounted to the carrier element and pivotable between a closed position and an open position (See at least paragraphs [0001] and [0017]), and an open-door locking system for locking the hinged door in the open position, wherein the open-door locking system comprises: a hinge bracket (considered at least elements 16, 18, 40) that is attached to the carrier element (See at least paragraph [0017], Examiner notes that all elements of the assembly are at least indirectly “attached” to each other), wherein the hinge bracket comprises a locking notch (Figure 3, element 42); and an open-door locking device comprising: a mounting bracket (element 14) that is pivotally mounted to the hinge bracket (See at least paragraphs [0010] and [0017]); a housing (element 30) that is connected to the mounting bracket and attached to the hinged door (See paragraph [0010] and [0017]); a sliding block (element 40) that is accommodated in the housing and slidable in the housing in a first direction (See Figure 4, element 40 is considered to slide in either a clockwise or counterclockwise direction, as viewed from Figure 4) between a normal position and an actuated position (See at least paragraphs [0010-0011], considered positions when multiple element 38 are seated in corresponding element 32, and when multiple element 38 are positioned outside of element 32, respectively); and a slider (element 38) that is accommodated in the housing and slidable in the housing in a second direction (element 38 rolls during operation (See Figures 2-4) and the surface of element 38 necessarily “slides” on the surface of element 42) between a blocking position (considered position when element 38 is seated within element 32) and a releasing position (considered position when element 38 is not seated within element 32), wherein the slider is coupled to the sliding block (Examiner notes that each element 38 is “coupled” with a corresponding element 42 in operation) such that the slider is in the blocking position and engages the locking notch of the hinge bracket for blocking the hinged door in the open position when the sliding block is in the normal position.
Although Audisio does not explicitly disclose which of element 14 or 16 is directly rigidly attached to the vehicle door, and which is directly rigidly attached to the vehicle body, Examiner notes that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure either of element 14 or 16 such that they were directly rigidly attached to either of the vehicle door or the vehicle body, since it is prima facie obvious to choose from a finite number of identified, predictable solutions with a reasonable expectation of results (MPEP 2143(E)), and since the vehicle door hinge of Audisio is necessarily interposed and connected between the vehicle door and vehicle body for the system to function as intended.
Furthermore, Examiner notes that although Audisio does not explicitly disclose which of element 14 or 16 is rigidly attached to the vehicle door, and which is rigidly attached to the vehicle body, it would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Audisio such that element 16 is rigidly attached to the vehicle body (i.e. carrier element) and element 14 is rigidly attached to the hinged door, since it has been held that changes in shape, form, or configuration of components of a device are obvious absent persuasive evidence that the particular shape, form, or configuration would be found significant to a person of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Such modifications are not critical to the design and would have produced no unexpected results. In addition, the prior art element performs the function specified in the claim in substantially the same manner as the function is performed by the corresponding element described in the specification, and such structure are considered art recognized equivalent structures and would have functioned at least equally as well. It would have been obvious to modify the device in this way for the purpose of providing an alternative arrangement that would have functioned at least equally as well.
Regarding claim 3, Audisio discloses wherein the slider comprises a sliding member (element 38) that slides in the sliding block when the sliding block slides in the housing in the first direction between the normal position and the actuated position (Examiner notes that during operation, element 38 necessarily “slides” in element 40, against the surface of element 42).
Regarding claim 4, Audisio discloses wherein the slider is coupled to a transfer rod (element 18) that is equipped with the sliding member (Examiner notes that element 38 is slidingly “coupled” to element 18 via element 40, and element 18 is “equipped” with the various elements of the hinge mechanism, including element 38).
Regarding claim 7, Audisio discloses wherein the first direction is at least approximately perpendicular to the second direction (Examiner notes that the directions of angular rotation between element 40 and element 38 are “at least approximately perpendicular”)
Regarding claim 8, Audisio discloses, wherein the open-door locking device further comprises a slider return spring (element 54) that biases the slider into the blocking position
Regarding claim 9, Audisio discloses wherein the open-door locking device further comprises a sliding block return spring (element 54) that biases the sliding block into the normal position.
Regarding claim 13, Audisio discloses wherein the open-door locking device further comprises a push bar (element 18) that is rigidly attached to the sliding block and operable for manually moving the sliding block in the housing in the first direction between the normal position and the actuated position.
Regarding claim 14, Audisio discloses wherein the slider is in the releasing position and disengaged from the locking notch of the hinge bracket for releasing the hinged door in the open position when the sliding block is in the actuated position.
Regarding claim 15, Audisio does not explicitly disclose an aircraft comprising an assembly according to claim 1. Examiner notes, however, that it is well-known that aircraft include various doors and hatches for various purposes. Therefore, Examiner notes that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the open-door locking system of Audisio such that it was used in combination with a door or hatch on an aircraft, since it is prima facie obvious to choose from a finite number of identified, predictable solutions with a reasonable expectation of results (MPEP 2143(E)), and the open-door locking system of Audisio would function as intended for this purpose, especially when arranged for use with a hatch or door of an aircraft where holding the door in an open position is desirable (e.g. internal compartment hatch or door, etc.).
Allowable Subject Matter
Claims 5-6 and 11-12 are 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN B REPHANN whose telephone number is (571)270-7318. The examiner can normally be reached Monday-Friday 8:00am-4:30pm.
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/JUSTIN B REPHANN/Examiner, Art Unit 3634