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 .
Claim Objections
Claim objected to because of the following informalities: line 3 recites "the first section" should read "the first planar section". Appropriate correction is required.
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.
(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.
Claim(s) 1-4, and 6 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by Metzger [US 4448469 A].
Regarding Claim 1, Metzger discloses a lockout device (10, Fig 1-2), comprising: a base (body including arms 12 and 14) comprising a protrusion (battery terminal post T is received in the opening 13 of the base which acts as a functional protrusion) configured to receive a connector (Clamp securing the cable C to the terminal post T, see Fig 3-6) and laterally retain the connector relative to the base; and a first aperture (15) configured to receive a shackle of a padlock (P) to position at least a portion of the connector between the shackle and the protrusion (T) such that the shackle retains the connector at the protrusion (T).
Regarding Claim 2, Metzger discloses all the limitations of claim 1, Metzger further discloses the connector (clamp) is for a terminal (T) of an automotive battery (B).
Regarding Claim 3, Metzger discloses all the limitations of claim 1, Metzger further discloses the protrusion (T) has a cylindrical shape (terminal post).
Regarding Claim 4, Metzger discloses all the limitations of claim 1, Metzger further discloses a second aperture (23), and wherein the first aperture (15) and the second aperture (23) are arranged to concurrently receive the shackle of the padlock (P). When assembled, the second arm (14) of the locking member (base 10) extends through the opening (23) and the padlock (P) shackle is passed through opening (15), thereby concurrently engaging both apertures (15 and 23) to lock the device.
Regarding Claim 6, Metzger discloses all the limitations of claim 1, Metzger further discloses the base (10) comprises a first section (arm 12) from which the protrusion (T) extends, and a second section (arm 14) through which the first aperture (15) is provided, and wherein the second section (14) joins the first section (12) at an ordinary angle.
Regarding Claim 10, Metzger discloses all the limitations of claim 1, Metzger further discloses the protrusion (T) is provided on a first side of the first section (base portion 12), and wherein, on a second side of the first section opposite to the first side, there is provided a recess (opening 13) configured to receive a terminal of an automotive battery (B).
Claim(s) 1, 3-4, 6-9, 11 and 13 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by Guzay et al. [US 5591038 A].
Regarding Claim 1, Guzay discloses a lockout device (10, Fig 1-2), comprising: a base (12) comprising a protrusion (14) configured to receive a connector (prong 24 of connector 22) and laterally retain the connector (22) relative to the base (12); and a first aperture (18) configured to receive a shackle (30) of a padlock (28) to position at least a portion (prong 24) of the connector (22) between the shackle (30) and the protrusion (14) such that the shackle (30) retains the connector (22) at the protrusion (14).
Regarding Claim 3, Guzay discloses all the limitations of claim 1, Guzay further discloses the protrusion (14) has a cylindrical shape.
Regarding Claim 4, Guzay discloses all the limitations of claim 1, Guzay further discloses the base (12) further comprises a second aperture (18), and wherein the first aperture (18) and the second aperture (18) are arranged to concurrently receive the shackle (30) of the padlock (28).
Regarding Claim 6, Guzay discloses all the limitations of claim 1, Guzay further discloses the base (12) comprises a first section (base portion 12) from which the protrusion (14) extends, and a second section (side walls 16) through which the first aperture (18) is provided, and wherein the second section (side walls 16) joins the first section (base portion 12) at an ordinary angle.
Regarding Claim 7, Guzay discloses all the limitations of claim 6, Guzay further discloses second aperture (18) is also provided through the second section (side walls 16).
Regarding Claim 8, Guzay discloses all the limitations of claim 6, Guzay further discloses a third section (the pair of opposing walls 16 are the second and third sections) through which said second aperture (18) is provided, and wherein the third section also joins the first section (base portion 12) at an ordinary angle.
Regarding Claim 9, Guzay discloses all the limitations of claim 6, Guzay further discloses the first aperture (18) and the second aperture (18) are concentrically aligned.
Regarding Claim 11, Guzay discloses all the limitations of claim 1, Guzay further discloses the base (12) further comprises one or more sidewalls (side walls 16) extending from the base (12), and configured to restrict a rotation of the connector (22) around the protrusion (14).
Regarding Claim 13, Guzay discloses all the limitations of claim 6, Guzay further discloses the base (12) further comprises one or more sidewalls (sidewalls 16) extending from the base (12), and configured to restrict a rotation of the connector (22) around the protrusion (14); and wherein the second section forms (sidewalls 16), or forms part of, the one or more sidewalls (16).
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 16 is rejected under 35 U.S.C. 103 as being unpatentable over Guzay et al. [US 5591038 A] .
Regarding Claim 16, Guzay discloses all the limitations of claim 1, Guzay further discloses manufacturing their devices from “molded plastic”. Guzay does not explicitly disclose the lockout device is manufactured using additive manufacturing (3D printing).
Given the well-known status of 3D printing as a modern alternative to injection molding for producing plastic components. It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Guzay and substitute to this known manufacturing technique to produce the same structure disclosed by Guzay to provide a lockout device which is manufactured using 3D printing instead of injection molding.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Guzay et al. [US 5591038 A] in view of Slade [US 4640107 A].
Regarding Claim 5 Guzay discloses all the limitations of claim 1, Guzay further discloses the base (base portion 12) comprises a first planar section from which the protrusion (4) extends and placing apertures (18) on vertical sidewalls (16), Guzay does not explicitly disclose first aperture and the second aperture are both provided through the first planar section.
However, Slade discloses first and second apertures (48, 50) which are provided through a first planar section of a base (18).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Guzay as suggested by Slade to provide first aperture and the second aperture are both provided through the first planar section. Moving the apertures to the primary planar base is a routine design optimization to reduce the vertical profile and complexity of the device and doing so would create a simple, one-piece design easily constructed and manufactured as recognized by Slade.
Claim(s) 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Guzay et al. [US 5591038 A] in view of Metzger [US 4448469 A].
Regarding Claim 12, Guzay discloses all the limitations of claim 11, Guzay further discloses a size and position of the one or more sidewalls (16) are adapted to an outer shape of the connector (22). Guzay does not explicitly disclose a connector comprising an integrated current sensor (outside casing/cover), rather it utilizes the sidewalls (16) and shield plate (20) integrally formed with the base portion (12) to cover all the prongs and protect them.
However, Metzger further discloses a connector (clamp for cable C) comprising an integrated current sensor (cover 20), a side wall (14) of the lockout device (10) is adapted to an outer shape of the connector cover (20, the side wall 14 fits through the aperture (23) of cover (20) allowing for the shackles of the padlock (P) to lock.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Guzay as suggested by Metzger to provide a connector comprising an integrated current sensor (outside casing/cover) which fits with the lockout device. Doing so would serve to protect the connector from unwanted connection/disconnection as recognized by Metzger.
Regarding Claim 14, Guzay discloses all the limitations of claim 6, Guzay further discloses the base (12) further comprises one or more sidewalls (16) extending from the base (base portion 12), and configured to restrict a rotation of the connector (22) around the protrusion (14); wherein a size and position of the one or more sidewalls (16) are adapted to an outer shape of the connector (22); and wherein the second section (section containing side walls 16) forms, or forms part of, the one or more sidewalls (16). Guzay does not explicitly disclose a connector comprising an integrated current sensor (outside casing/cover), rather it utilizes the sidewalls (16) and shield plate (20) integrally formed with the base portion (12) to cover all the prongs and protect them.
However, Metzger further discloses a connector (clamp for cable C) comprising an integrated current sensor (cover 20), a side wall (14) of the lockout device (10) is adapted to an outer shape of the connector cover (20, the side wall 14 fits through the aperture 23 of cover 20 allowing for the shackles of the padlock (P) to lock.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified Guzay as suggested by Metzger to provide a connector comprising an integrated current sensor (outside casing/cover) which fits with the lockout device. Doing so would serve to protect the connector from unwanted connection/disconnection as recognized by Metzger.
Allowable Subject Matter
Claim 15 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.
Regarding Claim 15, Guzay discloses all the limitations of claim 6, Guzay further discloses the base (12) further comprises one or more sidewalls (16) extending from the base (12), and configured to restrict a rotation of the connector (22) around the protrusion (14). The prior art of record do not explicitly disclose a height of the one or more sidewalls is lower than that of the second section, along with all other limitations of claim 15, 6 and 1.
Conclusion
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/THASLIMUR RAHMAN/Examiner, Art Unit 2834
/THO D TA/Primary Examiner, Art Unit 2834
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