DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 .
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.
Response to Arguments
Applicant’s arguments from the response filed on 12 May 2026 have been fully considered and will be addressed below in the order in which they appeared.
Applicant’s argument, Regarding entry of amendment, the examiner disagrees. Nowhere in the specification is there explicit discussion of the flat push bar. As it is material to what element is in question and how the applicant has claimed exposure, the specification is devoid of explicit discussion of structure as termed ”flat-push bar”. it is therefore determined the amendment is new matter. The applicant’s amendment appears to clarify the intent of the external element that the user contacts to operate the device, it is the lack of discussion in the specification that is at issue.
Applicant’s argument, page 1, issue 3; it is understood that there is an interaction with a stop element and a linkage element. The use of linkage rod does not reflect element 3. Applicant’s other corrections to represent structure with descriptive terminology while leaving the linkage rod is confusing. It is the applicant’s burden to provide clear and concise recitation such that members of the public can readily understand what the applicant intends to prevent from being made and sold. In this case the applicant’s burden does not appear to have been met.
Applicant’s argument, page 1, issue 4; “exposed from the door lock base” is unclear as to what the applicant requires. Applicant has introduced relative terminology without defining a frame of reference as to the nature of exposure. For the benefit of compact prosecution the recitation will be taken broadly until otherwise clarified.
Applicant’s argument, page 1, line 5; further confusion of “flat-push rod” vs “flat-push bar” does not further cause of clarity. As written the recitation will be interpreted as best understood and broadly in view of the prior art of record.
As to the assertion by the applicant’ that no new matter is at issue, the examiner disagrees, as detailed above.
Rejections under 35 USC 112 appear to have been resolved and are therefore withdrawn.
Applicant’s argument, page 2, regarding differences and distinguishing features, it appears the applicant argues that which is not positively recited.
As to the element touched, which is not claimed, is nonetheless addressed by the element “push bar” 121 of Lin.
Applicant’s further discussion of that which is not positively recited appears to imply a level of detail required by the prior art but is absent from at least claim 1. That which the applicant does not claim cannot distinguish over the prior art of record. The argument is unpersuasive.
Applicant’s inconsistent terminology coupled with applicant’s failure to positively recite structure and function has a cascade effect the renders the application in a state that requires rejection until clear and concise recitation fully supported by the speciation is entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 9 (2-8 by dependency) are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 “flat push bar” of lines 4,12, 15 and 27, claim 9 lines 4 and 5 is not present in the specification and therefore unsupported. There is only one instance of the word “bar” in the specification which refers to the locking element 203.
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(s) 1-3, 7 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin (US 2021/0381278).
Regarding claim 1, Lin discloses a switching device for delayed unlocking function, disposed at a flat-push emergency door-lock device, the flat-push emergency door-lock device being disposed at an emergency door board, the flat-push emergency door-lock device including a door-lock base (annotated Fig.2) and a flat-push bar(121) disposed at and exposed from the door-lock base, the switching device for delayed unlocking function comprising:
a switching-device base (21 parallel portion to annotated door lock base), fixed on the door-lock base;
a mobile assembly (2b), movably disposed at the switching-device base, including a stopper (23), wherein when the mobile assembly is driven, the stopper is moved between a stop position (Fig.5B) and an avoidance position (Fig. 5C), wherein the stopper is switchably (moveable) at the avoidance position in a delayed unlocking function disabled state and is preset at the stop position in a delayed unlocking function enabled state;
a linkage rod (24), pivoted to the door-lock base (about 241) and the flat-push bar;
a sensing assembly (including sensor/switch 27), fixed on the switching-device base, sending an unlocking-triggering signal in the delayed unlocking function enabled state when sensing that flat push bar is pushed and starts to move along a push-down driving stroke to contact the sensing assembly;
a timing control assembly ([0043]), electrically connected to the sensing assembly, thereby sending a state-switching signal after the unlocking-triggering signal is received and a predetermined delay time is passed; and
an electromagnetic traction assembly ([0042]), disposed at the switching-device base, dragging the mobile assembly to move the stopper from the stop position to the avoidance position after receiving the state-switching signal;
wherein when the stopper is at the stop position (Fig.5b), the linkage rod is blocked to prevent the flat-push rod from continuing to move along the push-down driving stroke and prohibit unlocking; wherein when the stopper is at the avoidance position (any position that associate elements do not contact a stop), the linkage rod is avoided to allow the flat-push bar to continue to move along the push-down driving stroke to complete unlocking.
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Annotated Figure taken from Lin (US 2021/0381278)
Regarding claim 2, Lin discloses the switching device for delayed unlocking function of claim 1, wherein the mobile assembly further includes:
a mobile frame (28) of assembly, including a mobile frame body and the stopper (23) fixed on the mobile frame body; and
a fixing pin (pin or rod extending from 25) , plugged and fixed on the mobile frame body and the electromagnetic traction assembly, thereby the stopper is dragged in conjunction when the electromagnetic traction assembly drags the mobile frame body.
Regarding claim 3, Lin discloses the switching device for delayed unlocking function of claim 2, wherein the switching-device base includes:
a base (20), fixed on the door-lock base; and
a protection cover (sides of 21 perpendicular to switching device base), fixed on the base, including at least one stroke limiting groove (between 210) to limit the movement of the mobile frame, thereby the stopper is limited to move between the stop position and the avoidance position.
Regarding claim 7, Lin discloses the switching device for delayed unlocking function of claim 1, wherein the timing control assembly includes:
a circuit board (26), disposed at the door-lock base;
a controller (2b, electric control assembly), disposed at the circuit board, electrically connected to the sensing assembly, used to generate a timing signal after receiving the unlocking-triggering signal in the delayed unlocking function enabled state; and
a timer ([0015]), electrically connected to the controller, used to start timing after receiving the timing signal in the delayed unlocking function enabled state, used to send a timing-off signal after the timing reaches the predetermined delay time, thereby causing the controller to send the state-switching signal.
Regarding claim 8, Lin discloses the switching device for delayed unlocking function of claim 7, further including a buzzer (alarm [0056]), the buzzer electrically connected to the controller, the controller further generating an alarm signal after receiving the unlocking-triggering signal(alarm [0056]) in the delayed unlocking function enabled state, the controller transmitting the alarm signal to the buzzer to cause the buzzer to issue an alarm.
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 4-6 are rejected under 35 U.S.C. 103(a) as being unpatentable over Lin (US 2021/03812787) in view of Szerszen (10,669,740).
Regarding claim 4, Lin discloses the switching device for delayed unlocking function of claim 1, further including:
a delayed unlocking function switching lock (abstract), disposed at the door-lock base, driven to move between a function-enabled position and a function-disabled position; and
an on/off position-detecting module (51), disposed at the door-lock base, electrically connected to the timing control assembly, thereby when sensing the delayed unlocking function switching lock is at the function-enabled position, a function-on signal ([009]-[0010]) is sent to the timing control assembly, so that the timing control assembly enters the delayed unlocking function enabled state; thereby when sensing the delayed unlocking function switching lock is at the function-disabled position, a function-off signa([009]-[0010]) l is sent to the timing control assembly, so that the timing control assembly enters the delayed unlocking function disabled state.
Lin does not disclose: a key.
Szerszen teaches a key for the purpose of the expected benefit of activating or deactivating a device as is old and known in latching a door.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Lin with a key as taught by Szerszen for the expected benefit of activating or deactivating a device as is old and known in latching a door.
Regarding claim 5, Lin as modified by Szerszen shows the switching device for delayed unlocking function of claim 4, wherein the on/off position-detecting module further includes a first micro-switch sensor (27), wherein when the delayed unlocking function switching lock is at the function-enabled position, the first micro-switch sensor contacts with the delayed unlocking function switching lock to generate and send the function-on signal ([009]-[0010]) accordingly, wherein when the delayed unlocking function switching lock is at the function-disabled position, the first micro-switch sensor is separated from the delayed unlocking function switching lock to generate and send the function-off signal accordingly.
Regarding claim 6, Lin as modified by Szerszen shows the switching device for delayed unlocking function of claim 5, further including a lever (3), the lever being disposed at the door-lock base and being driven by the delayed unlocking function switching lock, wherein when the delayed unlocking function switching lock is at the function-enabled position, the lever contacts with the first micro-switch sensor so that the first micro-switch sensor detects that the delayed unlocking function switching lock is at the function-enabled position.
Claim 9 is/are rejected under 35 U.S.C. 103(a) as being unpatentable over Lin (US 2021/03812787).
Regarding claim 9, Lin discloses the switching device for delayed unlocking function of claim 1, wherein the sensing assembly includes a micro-switch sensor, the micro-switch sensor being disposed at the switching-device base and contacting with the flat-push rod, wherein when the flat-push bar is pushed in the delayed unlocking function enabled state so that the micro-switch sensor contacts with the flat-push bar and sends the unlocking-triggering signal.
Lin discloses the claimed invention except for a second micro switch sensor.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to specify a second microswitch sensor, since mere duplication of the essential working parts of a device involves only routine skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as it may affect the patentability of applicant’s claimed invention is listed on the attached PTO-892.
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.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thomas L. Neubauer whose telephone number is 571.272.4864. The examiner can normally be reached on Monday - Friday, 8:00 AM through 5:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina R. Fulton can be reached on 571.272.7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T. L. N./
Examiner, Art Unit 3675
/KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675
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