DETAILED 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 .
Election/Restrictions
Applicant's election with traverse of Invention I in the reply filed on 27 May 2026 is acknowledged. The traversal is on the ground(s) that:
Inventions I and II are of the same design as a first mounting feature encompasses an undercut and a transmission unit is a type of electrical device
Inventions II and III have no material difference
There is no search burden
This is not found persuasive because :
There is no requirement the transmission unit be an electrical device and the first mounting feature includes elements which are not undercuts. Furthermore, the manner in which the electrical device and transmission units are incorporated are different.
The Invention II and III are materially different as the product requires mounting features and arms. Furthermore, the Invention II is not concern with the manner in which the elements are assembled.
There is a search burden as the inventions are classed in the same area, therefore they require unique search strategies and techniques.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 – 3, 5, and 7 - 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 1, the claim recites “an opening” twice. It is unclear as to if these openings are the same or are different openings, thus rendering the claim indefinite.
Regarding Claims 2, 3, 5, and 8, the claims recite “the opening” and it is unclear which of the two openings of Claim 1, the opening in the dependent claims refer to, thus rendering the claims indefinite.
Claims dependent upon a rejected claim are therefore rejected as well
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, 2, 8, and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kobayashi (US 2018/0292247).
Regarding Claim 1, Kobayashi discloses a utility enclosure (enclosure of gas meter 1/100; Figs. 1 and 8; abstract) comprising:
a cover (case 2 in Fig. 1; unlabeled top cover of gas meter 100 in Fig. 8; Paras. [0004] and [0022]) configured to be positioned within a first opening (opening of another portion (or enclosure) that can be closed by the case 2 in Figs. 1-4 and 6; opening of another portion (or enclosure) that can be closed by the top cover in Fig. 8), the cover including,
a cover body (body of case 2,'which includes sheet metal member 3a fixed thereto, Fig. 4 and Para. [0024]; body of the top cover in Fig. 8; note that since "a cover body" has not been claimed as a unitary unit, the body of case 2 is considered to be composed of two bodies fixed to each other) having a first surface and a second surface opposite to the first surface (first and second surfaces of body of case 2, Figs. 1-2 and 4; first and second surfaces of the body of the top cover in Fig. 8), and
an opening formed in the surface (opening 2a in the second surface of case 2, which includes opening in sheet metal member 3a, Fig. 4; opening 200a in the second surface of top cover in Fig. 8) and including an undercut (undercut at an outer edge of hooking target portion 3c to be engaged with hooking claws 6b, Figs. 4-5 and Para. [0030]); and
a mounting unit (valve adaptor 6/600, Figs. 4 and 8; Paras. [0004] and [0024]) having a unit body (unit body of valve adaptor 6/600, Figs. 4 and 8) and a connector extending from the unit body and configured to be received within the opening (upper portion (or connector) of valve adaptor 6/600 to be. received In opening 2a/200a, Figs. 4-5 and 8; Paras. [0005] and [0030]), the connector including a lip (one of three hooking claws 6b, Fig. 4) that is configured to engage with the undercut when the connector is inserted into the opening with a snap fit (snap fit connection between hooking target portion 3c and hooking claws 6b, Figs. 4-5; Paras. [0031]-[0032]).
Regarding Claim 2, Kobayashi discloses a projection disposed within the opening (piece 3d which extends from the opening of hooking target portion 3c; Fig. 4; Para. [0033]) and a notch formed in the connector (through-hole 6e; Fig. 4), wherein the notch is configured to receive the projection and limit relative rotation between the cover and the mounting unit when the connector is inserted into the opening (by inserting piece 3d into through-hole 6e, relative rotation is limited between case 2 and valve adaptor 6 because valve adapter is firmly mounted thereto, Figs. 4-5; Para. [0034]).
Regarding Claim 8, Kobayashi discloses the undercut is formed as a groove in a wall of the opening and extends around an entire perimeter of the opening (Fig. 4).
Regarding Claim 9, Kobayashi discloses the mounting unit includes a first arm (6b) and a second arm spaced apart from the first arm (diagonally opposed other 6b) (Fig. 4), the first arm and the second arm each extend from the unit body in the same direction (Fig. 4), the first arm includes a first inner surface that faces the second arm and the second arm includes a second inner surface that faces the first arm (inner surfaces of both 6b which face each other) (Fig. 4), each the first inner surface and the second inner surface incudes a mounting aperture (bounded by 6c, 6d) (Fig. 4) configured to receive an electrical device (the aperture is inherently configured to receive anything that can fit in it, including an electrical device).
Claim(s) 1 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cook (US 7619878).
Regarding Claim 1, Cook discloses a utility enclosure, in at least Figures 13 – 17, comprising: a cover (100) configured to be positioned within an opening (opening of meter box or pit frame) (Col 5, lines 45 – 50), the cover including, a cover body (body of 200) having a first surface (surface seen in Figure 15) and a second surface opposite to the first surface (surface seen in Figure 16), and an opening (opening through which 310 passes) formed in the second surface and including an undercut (chord shaped undercut on the side of the second surface where 270 is located) (Figure 17); and a mounting unit (210) having a unit body (body of 210) and a connector (310) extending from the unit body (Figure 17) and configured to be received within the opening (opening through which 310 passes), the connector including a lip (lip on 270) that is configured to engage with the undercut when the connector is inserted into the opening with a snap fit (the latching caused by 310 is a form of snap fit (Figure 17).
Regarding Claim 7, Cook discloses the cover is constructed from a polymer material [Abstract].
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi (US 2018/0292247), in view of Tolbert et al. (US 5416475).
Regarding Claim 3, Kobayashi discloses the projection is disposed at a certain depth with the opening comparing to the undercut (piece 3d is disposed at a certain depth with the opening of hooking target portion 3c comparing to the undercut of hooking target portion 3c, Figs. 4-5).
Kobayashi fails to expressly disclose the projection is disposed at a greater depth with the opening than the undercut.
Tolbert teaches a utility enclosure (enclosure of a meter assembly, Fig. 1; abstract) comprises a projection (arms 15; Figs. 1-2) disposed within an opening (opening 7, Fig. 2; Col. 3, line 67 through Col. 4, line 4) and a notch (openings 59; Fig. 3B) formed in a connector (closed end 45 of shroud 43; Figs. 1 and 3A-3B), wherein the notch is configured to receive the projection and limit relative rotation between a cover (housing 3; Fig. 1) and a mounting unit (shroud 43; Figs. 1, 4A and 5) when the connector is inserted into the opening (relative rotation is limited between housing 3 and shroud 43 when closed end 45 is in inserted into opening 7 as shown in Fig. 5; Col. 4, line 56 through Col. 5, line 2); wherein the projection is disposed at a greater depth with the opening than an undercut (undercut in a central portion of opening 7; the arm 15 is disposed at a greater depth with the opening 7 than the undercut, Figs. 1 and 5).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Kobayashi with the teachings of Tolbert so that the projection is disposed at a greater depth with the opening than the undercut for the benefit of ensuring that components are connected to each other, and the relative rotation is limited, even when the connection is slightly loose and thereby enhance a safety that concerns utility enclosure parts connections.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi (US 2018/0292247), in view of Gizelar (US 2020/0025811).
Regarding Claim 7, Kobayashi fails to expressly disclose the cover is constructed from a polymer material.
Gizelar discloses a cover constructed of a polymer material [0024].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify Kobayashi so that the cover is constructed from a polymer material for the benefit of utilizing a material known in the art to cover utility meters and made of a material which does not corrode.
Allowable Subject Matter
Claim 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 ALEXANDER MERCADO whose telephone number is (571)270-7094. The examiner can normally be reached Monday - Thursday 9am - 4pm EST.
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ALEXANDER A. MERCADO
Primary Examiner
Art Unit 2855
/ALEXANDER A MERCADO/Primary Examiner, Art Unit 2855
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