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 § 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.
Claim(s) 1-8, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gleason in view of DE262.
Re Claim 1. (Currently Amended)
A theft deterrent box (10; Figs. 1-4) comprising: a housing (10) having at least a first portion (11) and a second portion (12), wherein the theft deterrent box has an open state (Fig. 3) when at least a portion of a gear shifter (G/S) of a vehicle is receivable in the housing and wherein the housing has a closed state (Fig. 4) when at least a portion of the gear shifter is received in the housing and the housing is not removable from the gear shifter; a lock (21,22,23) integrated into one of the first portion or the second portion, the lock configured to maintain the housing in a closed state and release the housing to the open state; and a cord (DE262; d) having a first end and a second end (Fig. 1), wherein the first end is configured to couple to a steering wheel (g) of the vehicle and wherein the second end is configured to couple to the housing (gear shift housing b,c).
It would have been obvious to one of ordinary skill in the art to provide the theft deterrent box of Gleason with a cord therebetween the steering wheel as taught by DE262 and as is old and well known in the lock art to enhance the security of a vehicle against theft.
Re Claim 2. (Original)
Gleason as modified by DE262 discloses the theft deterrent box of claim 1, wherein the housing (Gleason 10) is configured to receive a handle (G) of the gear shifter (Figs. 1,3,4).
Re Claim 3. (Original)
Gleason as modified by DE262 discloses the theft deterrent box of claim 1, further comprising at least one hole (Gleason 24/25; Fig.4) configured to receive a shaft (S) of the gear shifter.
Re Claim 4. (Original)
Gleason as modified by DE262 discloses the theft deterrent box of claim 3, further comprising a block (Gleason – liners 26/27; Fig.4) removable from the first portion (11) and the second portion (12), wherein the hole (24/25) passes through the block.
Re Claim 5. (Original)
Gleason as modified by DE262 discloses the theft deterrent box of claim 1, wherein when the housing (Gleason 10) is in the open state (Fig. 3), at least a portion of the first portion (11) of the housing is separate from at least a portion of the second portion (12) of the housing.
Re Claim 6. (Original)
Gleason as modified by DE262 discloses the theft deterrent box of claim 1, wherein when the housing (Gleason 10) is in the closed state (Figs. 1,4), the first portion (11) and the second portion (12) form a cavity (Fig.4), wherein at least a portion of the gear shifter (G/R/S) is receivable in the cavity.
Re Claim 7. (Original)
Gleason as modified by DE262 discloses the theft deterrent box of claim 1, further comprising a lock (Gleason-21/22/23) wherein the lock is configured to lock the first portion (11) and the second portion (12) in the closed state (Fig.4).
Re Claim 8. (Original)
Gleason as modified by DE262 discloses the theft deterrent box of claim 1, wherein the first portion (Gleason 11) and the second portion (12) are joined by a hinge (13; Figs. 1,3,4).
Re Claim 10. (Original)
Gleason as modified by DE262 discloses the theft deterrent box of claim 1, further comprising a hole (Gleason 24/25) configured to receive a shaft (S) of the gear shifter, wherein the gear shifter has a handle (G/R), and wherein the hole has a diameter smaller than a diameter of the handle.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gleason as modified by DE262 as applied to claims 1-8, 10 above, and further in view of Yair.
Re Claim 11. (Original)
Gleason as modified by DE262 discloses the theft deterrent box of claim 1, but fails to teach further comprising a biometric reader configured to read biometric data of a user, and wherein the housing is configured to transition to the open state in response to reading the biometric data.
Yair discloses a vehicle gear selector lock comprising a biometric locking mechanism or a simple key (para [0006]).
It would have been obvious to one of ordinary skill in the art to provide the simple key lock of Gleason with a biometric lock as taught by Yair as a well known alternative locking device.
Allowable Subject Matter
Claims 12-15, 17-20 are allowed.
Claim 9 is 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8, 10, 11 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.
As set forth above, in response to applicant’s amendments, the previously applied Gleason and DE262 references are now combined under 35 USC 103 to teach the lock and attached cord as claimed.
Applicant’s arguments and amendments are persuasive with respect to allowed claims 12-5,17-20.
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 SUZANNE DINO BARRETT whose telephone number is (571)272-7053. The examiner can normally be reached M-TH 8AM-6:30PM.
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SUZANNE DINO BARRETT
Primary Examiner
Art Unit 3675B
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/SUZANNE L BARRETT/Primary Examiner, Art Unit 3675