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 .
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 (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 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) 1-4, and 6-7 is/are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by D1 (Gerlings et al., US Pub. 2015-0047399).
For claim 1, D1 discloses, in Figures 1-10, a key comprising:
a key body (includes 16, 18); and
key information (44) shown on a surface of the key body, wherein the key information being a two-dimensional code readable by a reader device (Two-dimensional key information 44 is machine readable. Para. [0023].)
For claim 2, D1 discloses the key of claim 1, wherein the two-dimensional code (44) is shown on a plane of the key body (Figure 2A.)
For claim 3, D1 discloses the key of claim 1, wherein the key body has a leading end (18) insertable into a lock, and a base end (16) located opposite to the leading end, and the two-dimensional code (44) is shown on a base end (16) surface that is flat and located on a side where the base end resides, and that extends in a direction intersecting with a direction connecting the leading end and the base end (Figure 2A.)
For claim 4, D1 discloses the key of claim 3, wherein the key body has, on the side where the base end resides, a grip portion (24) which is able to be gripped when the key is in use, and the base end surface is located at a position recessed with respect to a peripheral portion in the grip portion and surrounding the base end surface (Figure 2A.)
For claim 6, D1 discloses the key of claim 2, wherein the key body (16, 18) has a leading end (18) insertable into a lock, and a base end (16) located opposite to the leading end, and the two-dimensional code (44) is shown on a base end (16) surface that is flat and located on a side where the base end resides, and that extends in a direction intersecting with a direction connecting the leading end and the base end (Figure 2A.)
For claim 7, D1 discloses the key of claim 6, wherein the key body (16, 18) has, on the side where the base end resides, a grip portion (24) which is able to be gripped when the key is in use, and the base end surface is located at a position recessed with respect to a peripheral portion in the grip portion and surrounding the base end surface (Figure 2A.)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 5 and 8-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Gerlings et al., US Pub. 2015-0047399) in view of D2 (JP 2019200368).
For claim 5, D1 discloses the key of claim 1, but dos not disclose wherein the two-dimensional code is inscribed by laser marking.
D2 teaches locking pin with laser printed identification number (P.2, para. [6]) for accurate and clear printing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 such that the two-dimensional code is inscribed by laser marking, as taught by D2 with a reasonable expectation of success of having an accurate and clear printing.
For claim 8, D1 discloses the key of claim 2, but does not disclose wherein the two-dimensional code is inscribed by laser marking.
D2 teaches locking pin with laser printed identification number (P.2, para. [6]) for accurate and clear printing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 such that the two-dimensional code is inscribed by laser marking, as taught by D2 with a reasonable expectation of success of having an accurate and clear printing.
For claim 9, D1 discloses the key of claim 3, but does not disclose wherein the two-dimensional code is inscribed by laser marking.
D2 teaches locking pin with laser printed identification number (P.2, para. [6]) for accurate and clear printing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 such that the two-dimensional code is inscribed by laser marking, as taught by D2 with a reasonable expectation of success of having an accurate and clear printing.
For claim 10, D1 discloses the key of claim 6, but does not disclose wherein the two-dimensional code is inscribed by laser marking.
D2 teaches locking pin with laser printed identification number (P.2, para. [6]) for accurate and clear printing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 such that the two-dimensional code is inscribed by laser marking, as taught by D2 with a reasonable expectation of success of having an accurate and clear printing.
For claim 11, D1 discloses the key of claim 4, but does not disclose wherein the two-dimensional code is inscribed by laser marking.
D2 teaches locking pin with laser printed identification number (P.2, para. [6]) for accurate and clear printing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 such that the two-dimensional code is inscribed by laser marking, as taught by D2 with a reasonable expectation of success of having an accurate and clear printing.
For claim 12, D1 discloses the key of claim 7, but does not disclose wherein the two-dimensional code is inscribed by laser marking.
D2 teaches locking pin with laser printed identification number (P.2, para. [6]) for accurate and clear printing. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 such that the two-dimensional code is inscribed by laser marking, as taught by D2 with a reasonable expectation of success of having an accurate and clear printing.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over D1 (Gerlings et al., US Pub. 2015-0047399) in view of D3 (Prsons, US 6,109,073).
For claim 13, D1 discloses the key of claim 3, but does not disclose wherein the key body has a substantially cylindrical insertion portion.
D3 teaches a key with body (48, 46) and shank 12 having a substantially cylindrical insertion portion (Figure 7) for ease of insertion. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify D1 to have a key such that the key body has a substantially cylindrical insertion portion, as taught by D2 with a reasonable expectation of success of having a shape for ease of insertion.
Conclusion
Prior art made of record and not relied upon is considered pertinent to applicant's disclosure and provides example of invention. A few of the prior art cited but not applied includes Bolton (US 6,308,542); Janssen (US 6,427,504); and Steeley (US 6,089,060).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN CUMAR whose telephone number is (571)270-3112. The examiner can normally be reached Monday thru Friday, 8:00 am to 5:00 pm EST.
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, KRISTINA FULTON can be reached at 571-272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/NATHAN CUMAR/Primary Examiner, Art Unit 3675
Prosecution Insights