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 .
DETAILED ACTION
Specification
The amendment filed 3/19/26 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:a) Examiner request Applicant do not change the scope of the SPEC.
b) at least the following paragraph: 17, 52, 58-67, 70-84.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 102
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Müller (US 20230171912).
With regard claim 1, Müller discloses An explosion-proof housing, (abstract, see also fig 1-5, with different embodiments) comprising: a first housing body (at least fig 3-4, the housing body on top/bottom sides) having a first mounting hole (at least fig 3-4, the housing body on top/bottom sides, 1 or 2, with mounting hole for fastener as shown in fig 3); a second housing body covering the first housing body (at least fig 3-4, the housing body on top/bottom sides, Examiner consider one housing block a view point of the other housing is “covering the housing body”) and having a second mounting hole (at least fig 3-4, the housing body on top/bottom sides, with mounting hole for fastener); a fastener (at least 4, or the parts to fasten both housing) passing through the first mounting hole (at least fig 3-4) and the second mounting hole (at least fig 3-4) to connect the first housing body (at least fig 3-4) to the second housing body (at least fig 3-4); and a limit member (at least fig 5, see also fig 2, 5) disposed between the first mounting hole and the fastener (at least fig 2b) and having a first state and a second state (at least fig 2a/b), wherein: in the first state, the limit member is configured to limit a limit head of the fastener outside the first mounting hole (at least fig 2b, When an user can see the limit head from any angle, such as horizontal or 45 degree, Examiner consider the limit head of the fastener outside the first mounting hole); and in the second state, at least part of the limit member (at least fig 2a) is disengaged from the limit head (at least fig 2a, at least a portion of 5 is further apart and move away from the screw, Examiner consider as “disengaged”) to allow the limit head to enter into the first mounting hole (at least fig 2a, see also fig 4; When an user can not see the limit head from at least horizontal or 45 degree, Examiner consider as “the limit head to enter into the first mounting hole”). Examiner’s note: disengage : to release from attachment or connection; loosen. https://www.dictionary.com/browse/disengage
Regarding claim 2, Müller further disclosed the first mounting hole has a first end surface and a second end surface (at least fig 2b, the first and 2nd end surfaces on top/bottom sides or the other way around) that are arranged in sequence in an assembly direction (at least fig 2b), wherein: in the first state, the limit head is located outside the first end surface (at least fig 2b); and in the second state, the limit head is located outside the second end surface (at least fig 2a)..
Allowable Subject Matter
Claims 3 and dependent claims 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.
The following is an examiner’s statement of reasons for allowance:
With respect to claim 3, the allowability resides in the overall structure of the device as recited in this independent claim and at least in part because the prior art does not teach or suggest a structure comprising: the limit member (40) is constructed as a gasket disposed between the first mounting hole (11) and the limit head (31), the gasket comprising a gasket inner ring (41) and a gasket outer ring (42), a weakened connection portion being disposed between the gasket inner ring (41) and the gasket outer ring (42), and the weakened connection portion being adapted to be broken under a pressure, disengaging the at least part of the limit member (40) from the limit head (31) in the second state, as set forth in the combination of the independent claims.
The aforementioned limitations in combination with all remaining limitations of independent claim are believed to render said independent claims and all claims dependent therefrom patentable over the art of record.
The closest prior art, Müller (US 20230171912), discloses a similar structure but does not configure to have the above limitations. The above prior art thus fails to anticipate or render the above portions obvious, either singularly or in combination with other references.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
With respect to the Applicants’ remarks that, “Thus, as shown in Figs. 2a, 2b, 3, and 4 of Muller, regardless of whether the sleeve 5 is in the first state or the second state, the screw head 4 (which is regarded as the limit head in the present application) always remains inside the first mounting hole 10 of the tray (i.e., the first housing body) 2. Moreover, in both the first and second states, the sleeve 5 is always engaged with the screw head 4 and is therefore never disengaged from the screw head 4. However, the "limit member" claimed in the present application is explicitly described as having two switchable states: only in the first state does the limit member limit the limit head (31) of the fastener (30) outside the first mounting hole (11); and only in the second state, when at least part of the limit member is disengaged from the limit head, is the limit head (31) allowed to enter into the first mounting hole. It is clarified that the limiting member switches from constraining the limiting head (31) to releasing the constraint on the limiting head (31)…… “ .. (pages 8 to the end).
Examiner’s Answer: the Examiner respectfully disagrees and notes that:
There is no any limitations define the “disengage” structure/state. (see above rejection).
In fact, Applicant’s figures also showed all the parts are still connected as a whole device.
In this case, Müller discloses An explosion-proof housing, (abstract, see also fig 1-5, with different embodiments) comprising: a first housing body (at least fig 3-4, the housing body on top/bottom sides) having a first mounting hole (at least fig 3-4, the housing body on top/bottom sides, 1 or 2, with mounting hole for fastener as shown in fig 3); a second housing body covering the first housing body (at least fig 3-4, the housing body on top/bottom sides, Examiner consider one housing block a view point of the other housing is “covering the housing body”) and having a second mounting hole (at least fig 3-4, the housing body on top/bottom sides, with mounting hole for fastener); a fastener (at least 4, or the parts to fasten both housing) passing through the first mounting hole (at least fig 3-4) and the second mounting hole (at least fig 3-4) to connect the first housing body (at least fig 3-4) to the second housing body (at least fig 3-4); and a limit member (at least fig 5, see also fig 2, 5) disposed between the first mounting hole and the fastener (at least fig 2b) and having a first state and a second state (at least fig 2a/b), wherein: in the first state, the limit member is configured to limit a limit head of the fastener outside the first mounting hole (at least fig 2b, When an user can see the limit head from any angle, such as horizontal or 45 degree, Examiner consider the limit head of the fastener outside the first mounting hole); and in the second state, at least part of the limit member (at least fig 2a) is disengaged from the limit head (at least fig 2a, at least a portion of 5 is further apart and move away from the screw, Examiner consider as “disengaged”) to allow the limit head to enter into the first mounting hole (at least fig 2a, see also fig 4; When an user can not see the limit head from at least horizontal or 45 degree, Examiner consider as “the limit head to enter into the first mounting hole”). Examiner’s note: disengage : to release from attachment or connection; loosen. https://www.dictionary.com/browse/disengage
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERRY WU whose telephone number is (571)270-5420. The examiner can normally be reached on PHP: M-Th: 8:30-12:30; 2:30-8:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Imani Hayman can be reached on 571.270.5528. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JERRY WU/ Primary Examiner, Art Unit 2841
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