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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-41 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 6-22, 24, 26-32, 35-47 of U.S. Patent No. 12,077,983. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-41 are generic to all that is recited in claims 1-3, 6-22, 24, 26-32, 35-47 of U.S. Patent Number 12,077,983. In other words, claims 1-3, 6-22, 24, 26-32, 35-47 of U.S. Patent Number 12,077,983 fully encompasses the subject matter of claims 1-41 and therefore anticipates claims 1-41. Specifically, claims 1-41 reciting “one or more … bittings configured to elevate one or more tumbler pins” is anticipated by claims 1-3, 6-22, 24, 26-32, 35-47 of U.S. Patent Number 12,077,983 reciting “one or more … bittings configured to elevate and rotate one or more tumbler pins”.
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) 1-22 and 24-47 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Number 5,797,287 to Prunbauer.
Prunbauer discloses a key blank adapted to be formed into a key (1) for operating a first cylinder lock (25) having only a vertically-oriented keyway (26) and tumbler pins (27) engageable only by edge bittings of a key (only the edge bitings engage with the vertical tumbler pins) or a second cylinder lock (25) having only horizontally-orientated keyway (orientated in relation to the orthogonal tumbler 30) and tumbler pins (30) engageable only by side bitings of a key (only the side bitings engage with the horizontal tumbler pins), the key blank comprising: a key blade (2) having a first edge (top edge having bitings 11), a second edge (18), a first side surface extending between the first edge and the second edge, and an opposed, second side surface extending between the first edge and the second edge (respective sides shown in figure 2), and wherein the first edge of the blade is adapted to have formed thereon one or more edge bittings (11) configured to elevate tumbler pins (27) of a cylinder lock (25) with a vertically-oriented keyway (26), and the first side surface is adapted to have formed thereon one or more side bittings (8) configured to elevate tumbler pins (30) of a cylinder lock (25) with the horizontally-oriented keyway, as in claim 1.
Prunbauer also discloses the key blade includes warding grooves and ridges on at least one of the first side surface and the second side surface that match the vertically-oriented keyway and the horizontally-oriented keyway so that the key blade can be inserted into both the vertically-oriented keyway and the horizontally-oriented keyway (12, 13, 14, 15, 19 and 20), as in claim 2, further comprising a longitudinal rib (41) on the first side surface and extending along at least a portion of the blade, wherein the first side surface is adapted to receive the one or more side bittings in the longitudinal rib and a portion of the first side surface above the longitudinal rib (as shown in figures 1 and 2), as in claim 3, and the first side surface is adapted to receive one or more side bittings extending to the second edge of the blade (figures 5-7), as in claim 4, as well as the first side surface is adapted to receive one or more side bittings extending from the second edge of the blade to beyond a longitudinal axis of the blade (figures 5-7), as in claim 5.
Prunbauer further discloses the key blade is divided into three segments between the first edge and the second edge, the segments comprising: a first segment (top third of the key blade) encompassed by a first envelope defined by the first edge of the key blade, a first side boundary, a second side boundary, and a lower edge, wherein the first side boundary and the second side boundary of the first envelope have a first thickness therebetween, and the first side boundary and the second side boundary of the first envelope are equidistant from a centerline extending through the blade from the first edge of the blade to the second edge of the blade; a second segment (middle third of the key blade) encompassed by a second envelope defined by an upper boundary contiguous with the lower boundary of the first segment, a first side boundary, a second side boundary, and a lower boundary, wherein the first side boundary and the second side boundary of the second envelope have a second thickness therebetween, the first side boundary and the second side boundary of the second envelope are equidistant from the centerline, and the second thickness is greater than the first thickness; and a third segment (bottom third of the key blade) encompassed by a third envelope defined by an upper boundary contiguous with the lower boundary of the second segment, a first side boundary, a second side boundary, and the second edge of the key blade, wherein the first side boundary and the second side boundary of the third envelope have a third thickness therebetween, and wherein the distance from the centerline to the second side boundary of the third envelope is equal to the distance from the centerline to the second side boundary of the second envelope, and the third thickness is greater than the first thickness and the second thickness (figures 1 and 2), as in claim 6, wherein the first side surface is adapted to receive one or more side bittings in the first side boundary of the third segment (figure 1), as in claim 7, as well as the key blade further includes a warding groove (12, 13, 14, 15, 19 and 20) formed in at least one of the second segment and the third segment that extends to a depth beyond the centerline (figures 1 and 2), as in claim 8.
Prunbauer additionally discloses the first side surface of the key blade and the second side surface of the key blade comprise horizontal warding surfaces (12, 13, 14, 15, 19 and 20), wherein the horizontal warding surfaces are perpendicular to a vertical axis extending from the first edge of the blade to the second edge of the blade (figure 1), as in claim 9, and wherein first and second side boundaries of a first portion of the key blade are equidistant from a centerline extending from the first edge of the blade to the second edge of the blade and first and second side boundaries of a second portion of the key blade are not equidistant from the centerline (figure 2), and wherein the first edge of the blade adapted to receive the one or more edge bittings is part of the first portion of the blade and wherein the second portion of the blade defines part of the first side surface adapted to receive the one or more side bittings (figure 1), as in claim 10, as well as the key blade further includes a warding groove (12, 13, 14, 15, 19 and 20) formed in the first side surface or the second side surface that extends to a depth beyond a centerline extending from the first edge to the second edge, as in claim 11, and where the key blade includes: an edge bevel (figure 1) extending from a distal end of the blade to the first edge of the blade and configured to guide tumbler pins (27) of a cylinder lock (25) with a vertically-oriented keyway (26) to the first edge of the key blade as the key blade is inserted into the vertically-oriented keyway; and a side bevel (figure 2) extending from a distal end of the blade to the first side surface of the blade and configured to guide tumbler pins (30) of a cylinder lock (25) with the horizontally-oriented keyway to the first side surface of the key blade as the key blade is inserted into the horizontally-oriented keyway, as in claim 12.
Prunbauer also discloses a cylinder lock (25) comprising a keyway (26), wherein the keyway corresponds to a shape of the key blade of the key blank of claim 1, as in claim 13, wherein the keyway is a vertically-oriented keyway (26), as in claim 14, and the keyway is the horizontally-oriented keyway (orientated in relation to the orthogonal tumbler 30), as in claim 15.
Prunbauer further discloses a key (1) for a lock, the key comprising: a key blade (2) having a top edge (top edge having bitings 11), a bottom edge (18), a first side surface, and an opposed second side surface (respective sides shown in figure 2), wherein the first side surface comprises one or more side bittings (8) configured to elevate one or more tumbler pins (30) of a horizontal lock, wherein the blade is divided into three segments between the top edge and the bottom edge, the segments comprising: a first segment (top third of the key blade) encompassed by a first envelope defined by the top edge of the key blade, a first side boundary, a second side boundary, and a lower boundary, wherein the first side boundary and the second side boundary of the first envelope have a first thickness therebetween, and the first side boundary and the second side boundary of the first envelope are equidistant from a centerline extending through the blade from the top edge of the blade to the bottom edge of the blade; a second segment (middle third of the key blade) encompassed by a second envelope defined by an upper boundary contiguous with the lower boundary of the first segment, a first side boundary, a second side boundary, and a lower boundary, wherein the first side boundary and the second side boundary of the second envelope have a second thickness therebetween, the first side boundary and the second side boundary of the second envelope are equidistant from the centerline, and the second thickness is greater than the first thickness; and a third segment (bottom third of the key blade) encompassed by a third envelope defined by an upper boundary contiguous with the lower boundary of the second segment, a first side boundary, a second side boundary, and the bottom edge of the key blade, wherein the first side boundary and the second side boundary of the third envelope have a third thickness therebetween, and wherein the distance from the centerline to the second side boundary of the third envelope is equal to the distance from the centerline to the second side boundary of the second envelope, and the third thickness is greater than the first thickness and the second thickness (the layout of the key is shown in figures 1 and 2), as in claim 16.
Prunbauer additionally discloses a longitudinal rib (41) on the first side surface and extending along at least a portion of the blade, wherein the side bittings are formed in the longitudinal rib and a portion of the first side surface above the longitudinal rib (figure 1), as in claim 17, and the top edge comprises one or more edge bittings (11) configured to elevate and rotate one or more vertically-oriented tumbler pins (27) of a vertical lock, as in claim 18, wherein the first side surface of the key blade and the second side surface of the key blade comprise horizontal warding surfaces (12, 13, 14, 15, 19 and 20) between the top edge of the key blade and a maximum depth of a valley of the edge bitting, wherein the horizontal warding surfaces are perpendicular to a vertical axis extending from the top edge of the blade to the bottom edge of the blade (as shown in figures 1 and 2), as in claim 23, as well as the maximum depth of a valley of an edge bitting is not more than two-thirds the height of an unbitted key blade (shown in figure 2), as in claim 25, and where the first side surface of the key blade and the second side surface of the key blade comprise horizontal warding surfaces (12, 13, 14, 15, 19 and 20) and outwardly-extending warding surfaces between the top edge of the key blade and a maximum depth of a valley of the edge bitting (shown in figure 2), as in claim 24.
Prunbauer also discloses at least one the one or more side bittings extends to the bottom edge of the key blade (figure 1), as in claim 19, and the side bittings do not extend through more than half of the thickness of the key blade (figure 2), as in claim 20, as well as at least one of the one or more side bittings extends from the bottom edge of the key blade to beyond a longitudinal axis of the key blade (figures 1 and 2), as in claim 21, wherein the blade has only vertical warding surfaces (8) cut into the first side surface, as in claim 26, and at least one of the first side surface and the second side surface of the key blade comprises at least one vertical warding surface (8) and at least one horizontal warding surfaces (12, 13, 14, 15, 19 and 20), as in claim 27, further comprising a cylinder lock (25) comprising a keyway, wherein the keyway corresponds to the shape of the key of claim 18, as in claim 28.
Prunbauer further discloses a lock system comprising: a vertical cylinder lock (figure 5) comprising: a housing (25); a cylinder (24) rotatably disposed within the housing; a vertically-oriented keyway (26) within the cylinder, wherein the vertically-oriented keyway has a height and a width that is less than the height, and wherein the vertically-oriented keyway is configured to receive a key blade (2) having a first edge (top edge having bitings 11), a second edge (18), a first side surface, and an opposed second side surface defining a cross sectional shape of the key blade, wherein the cross sectional shape of a key blade (2) of the vertically oriented keyway is configured to receive is divided into three blade segments between the first edge and the second edge, the segments comprising: a first blade segment (top third of the key blade) encompassed by a first envelope defined by the first edge of the key blade, a first side boundary contacting a portion of the first side surface of the key blade, a second side boundary contacting a portion of the second side surface of the key blade, and a lower boundary, wherein the first side boundary and the second side boundary of the first envelope have a first thickness therebetween, wherein and the first side boundary and the second side boundary of the first envelope are equidistant from a centerline extending through the key blade from the first edge of the key blade to the second edge of the key blade; a second blade segment (middle third of the key blade) encompassed by a second envelope defined by an upper boundary contiguous with the lower boundary of the first segment, a first side boundary contacting a portion of the first side surface of the key blade, a second side boundary contacting a portion of the second side surface of the key blade, and a lower boundary, wherein the first side boundary and the second side boundary of the second envelope have a second thickness therebetween, wherein the first side boundary and the second side boundary of the second envelope are equidistant from the centerline, and wherein the second thickness is greater than the first thickness; and a third blade segment (bottom third of the key blade) encompassed by a third envelope defined by an upper boundary contiguous with the lower boundary of the second segment, a first side boundary contacting a portion of the first side surface of the key blade, a second side boundary contacting a portion of the second side surface of the key blade, and the second edge of the key blade, wherein the first side boundary and the second side boundary of the third envelope have a third thickness therebetween, wherein the distance from the centerline to the second side boundary of the third envelope is equal to the distance from the centerline to the second side boundary of the second envelope, and wherein the third thickness is greater than the first thickness and the second thickness, and wherein the vertically-oriented keyway is divided into first, second, and third keyway segments along its height, wherein the first keyway segment corresponds to the first blade segment, the second keyway segment corresponds to the second blade segment, and the third keyway segment corresponds to the third blade segment (as best shown in figures 1 and 2); and at least one tumbler pin (30) oriented within the cylinder so as to be parallel to the height of the vertically-oriented keyway and configured to be elevated by a complementary bitting formed on a first edge (top edge having bitings 11) of a key (1) inserted into the keyway; a horizontal cylinder lock comprising: a housing (25); a cylinder (24) rotatably disposed within the housing; a horizontally-oriented keyway (orientated in relation to the orthogonal tumbler 30) within the cylinder, wherein the horizontally-oriented keyway has a height and a width that is greater than the height, and wherein the horizontally-oriented keyway is configured to receive a key blade (2) having a first edge (top edge having bitings 11), a second edge (18), a first side surface, and an opposed second side surface (figures 1 and 2) defining a cross sectional shape of the key blade that is divided into the same first blade segment, second blade segment, and third blade segment as the cross sectional shape of the key blade the vertically-oriented keyway of the vertical cylinder lock is configured to receive, and wherein the horizontally-oriented keyway is divided into first, second, and third keyway segments along its width, wherein the second keyway segment corresponds to the second blade segment and the third keyway segment corresponds to the third blade segment (as shown in figures 5-7); at least one twisting tumbler pin (30) oriented within the cylinder so as to be parallel to the height of the keyway and configured to be elevated and rotated by a complementary bitting (8) formed on a first side surface of a key (1) inserted into the keyway, and wherein the tumbler pin of the horizontal cylinder lock is primarily aligned with the third keyway segment of the horizontally-oriented keyway; and a key (1) with a blade having a first edge (top edge having bitings 11), a second edge (18), a first side surface, and an opposed second side surface defining a cross sectional shape such that the key can be inserted into both the vertically-oriented keyway of the vertical cylinder lock and the horizontally-oriented keyway of the horizontal cylinder lock, wherein the cross sectional shape of the key is defined by at least one blade segment corresponding to the third keyway segment of the vertically-oriented keyway of the vertical cylinder lock and the third keyway segment of the horizontally-oriented keyway of the horizontal cylinder lock, and wherein the key has at least a bitting formed on the first side surface of the key and configured to elevate and rotate the at least one tumbler pin of the horizontal cylinder lock (as shown in figures 5-7), as in claim 33.
Prunbauer additionally discloses the key has a bitting (11) formed on the first edge and configured to elevate the at least one tumbler of the vertical cylinder lock, as in claim 30, wherein the key blade includes: an edge bevel extending from a distal end of the blade to the first edge of the blade and configured to guide tumbler pins (27) of a cylinder lock (25) with a vertically-oriented keyway (26) to the first edge of the key blade as the key blade is inserted into the vertically-oriented keyway; and a side bevel extending from a distal end of the blade to the first side surface of the blade and configured to guide tumbler pins (30) of a cylinder lock (25) with the horizontally-oriented keyway to the first side surface of the key blade as the key blade is inserted into the horizontally-oriented keyway, as in claim 35, as well as the cross sectional shape of the key blade is defined by a first blade segment (top third of the key blade) encompassed by a first envelope defined by the first edge of the key blade, a first side boundary contacting a portion of the first side surface of the key blade, a second side boundary contacting a portion of the second side surface of the key blade, and a lower boundary, wherein the first side boundary and the second side boundary of the first envelope have a first thickness therebetween, wherein and the first side boundary and the second side boundary of the first envelope are equidistant from a centerline extending through the key blade from the first edge of the key blade to the second edge of the key blade; a second blade segment (middle third of the key blade) encompassed by a second envelope defined by an upper boundary contiguous with the lower boundary of the first segment, a first side boundary contacting a portion of the first side surface of the key blade, a second side boundary contacting a portion of the second side surface of the key blade, and a lower boundary, wherein the first side boundary and the second side boundary of the second envelope have a second thickness therebetween, wherein the first side boundary and the second side boundary of the second envelope are equidistant from the centerline, and wherein the second thickness is greater than the first thickness; and a third blade segment (bottom third of the key blade) encompassed by a third envelope defined by an upper boundary contiguous with the lower boundary of the second segment, a first side boundary contacting a portion of the first side surface of the key blade, a second side boundary contacting a portion of the second side surface of the key blade, and the second edge of the key blade, wherein the first side boundary and the second side boundary of the third envelope have a third thickness therebetween, wherein the distance from the centerline to the second side boundary of the third envelope is equal to the distance from the centerline to the second side boundary of the second envelope, and wherein the third thickness is greater than the first thickness and the second thickness (shown in figures 1 and 2), as in claim 31, and where the key blade further includes a warding groove (12, 13, 14, 15, 19 and 20) formed in at least one of the second segment and the third segment that extends to a depth beyond the centerline (figures 11 and 2), as in claim 34.
Prunbauer also discloses the at least one bitting formed on the first side surface extends to the second edge of the blade (figure 1), as in claim 32, wherein the at least one bitting formed on the first side surface extends from the second edge of the blade to beyond a longitudinal axis of the blade (figure 1), as in claim 33.
Prunbauer further discloses a key (1) for a horizontal cylinder lock that includes a housing (25), a cylinder (24) rotatably disposed within the housing, and a horizontally-oriented keyway (orientated in relation to the orthogonal tumbler 30) within the cylinder, wherein the horizontally-oriented keyway has a height and a width that is greater than the height, and wherein the horizontally-oriented keyway is configured to receive a key blade (2) having a first edge (top edge having bitings 11), a second edge (18), a first side surface, and an opposed second side surface defining a cross sectional shape of the key blade, and wherein the cross-sectional shape of the key blade the horizontally-oriented keyway is configured to receive is divided into three blade segments between the first edge and the second edge, the segments comprising a first blade segment (top third of the key blade) encompassed by a first envelope defined by the first edge of the key blade, a first side boundary contacting a portion of the first side surface of the key blade, a second side boundary contacting a portion of the second side surface of the key blade, and a lower boundary, wherein the first side boundary and the second side boundary of the first envelope have a first thickness therebetween, wherein and the first side boundary and the second side boundary of the first envelope are equidistant from a centerline extending through the key blade from the first edge of the key blade to the second edge of the key blade, a second blade segment (middle third of the key blade) encompassed by a second envelope defined by an upper boundary contiguous with the lower boundary of the first segment, a first side boundary contacting a portion of the first side surface of the key blade, a second side boundary contacting a portion of the second side surface of the key blade, and a lower boundary, wherein the first side boundary and the second side boundary of the second envelope have a second thickness therebetween, wherein the first side boundary and the second side boundary of the second envelope are equidistant from the centerline, and wherein the second thickness is greater than the first thickness, and a third blade segment (bottom third of the key blade) encompassed by a third envelope defined by an upper boundary contiguous with the lower boundary of the second segment, a first side boundary contacting a portion of the first side surface of the key blade, a second side boundary contacting a portion of the second side surface of the key blade, and the second edge of the key blade, wherein the first side boundary and the second side boundary of the third envelope have a third thickness therebetween, wherein the distance from the centerline to the second side boundary of the third envelope is equal to the distance from the centerline to the second side boundary of the second envelope, and wherein the third thickness is greater than the first thickness and the second thickness, and wherein the horizontally-oriented keyway is divided into first, second, and third keyway segments along its height, wherein the first keyway segment corresponds to the first blade segment, the second keyway segment corresponds to the second blade segment (figures 1 and 2), and the third keyway segment corresponds to the third blade segment, and wherein the horizontal cylinder lock further includes at least one tumbler pin (30) oriented within the cylinder so as to be parallel to the height of the horizontally-oriented keyway and configured to be elevated by a complementary bitting (8) formed on a first side of a key (1) inserted into the keyway, wherein the key comprises: a blade having a first edge (top edge having bitings 11), a second edge (18), a first side surface, and an opposed second side surface defining a cross sectional shape such that the key can be inserted into the horizontally- oriented keyway of the horizontal cylinder lock, wherein the cross sectional shape of the key is defined by: (i) only one blade segment corresponding to the third keyway segment of the horizontally-oriented keyway of the horizontal cylinder lock and lacking any blade segment that corresponds to the first or second keyway segments of the horizontally-oriented keyway, or (ii) only two blade segments corresponding to the second and third keyway segments of the horizontally-oriented keyway of the horizontal cylinder lock and lacking any blade segment that corresponds to the first keyway segment of the horizontally-oriented keyway, and wherein the blade includes at least one bitting (8) formed on the first side surface of the blade, and wherein the at least one bitting is configured to elevate and rotate the at least one tumbler pin of the horizontal cylinder lock (as shown in figures 5-7), as in claim 36.
Prunbauer additionally discloses the at least one bitting formed on the first side surface extends to the second edge of the blade (figure 1), as in claim 37, as well as the at least one bitting formed on the first side surface extends from the second edge of the blade to beyond a longitudinal axis of the blade (figure 1), as in claim 38.
Prunbauer also discloses a method for operating a horizontal cylinder lock, wherein the horizontal cylinder lock includes a housing (25), a cylinder (24) rotatably disposed within the housing, and a horizontally-oriented keyway (orientated in relation to the orthogonal tumbler 30) within the cylinder, wherein the horizontally-oriented keyway has a height and a width that is greater than the height, and wherein the horizontally-oriented keyway is configured to receive a key blade (2) having a first edge (top edge having bitings 11), a second edge (18), a first side surface, and an opposed second side surface defining a cross sectional shape of the key blade (as shown in figures 1 and 2), and wherein the cross-sectional shape of the key blade the horizontally-oriented keyway is configured to receive is divided into three blade segments between the first edge and the second edge, the segments comprising a first blade segment (top third of the key blade) encompassed by a first envelope defined by the first edge of the key blade, a first side boundary contacting a portion of the first side surface of the key blade, a second side boundary contacting a portion of the second side surface of the key blade, and a lower boundary, wherein the first side boundary and the second side boundary of the first envelope have a first thickness therebetween, wherein and the first side boundary and the second side boundary of the first envelope are equidistant from a centerline extending through the key blade from the first edge of the key blade to the second edge of the key blade, a second blade segment (middle third of the key blade) encompassed by a second envelope defined by an upper boundary contiguous with the lower boundary of the first segment, a first side boundary contacting a portion of the first side surface of the key blade, a second side boundary contacting a portion of the second side surface of the key blade, and a lower boundary, wherein the first side boundary and the second side boundary of the second envelope have a second thickness therebetween, wherein the first side boundary and the second side boundary of the second envelope are equidistant from the centerline, and wherein the second thickness is greater than the first thickness, and a third blade segment (bottom third of the key blade) encompassed by a third envelope defined by an upper boundary contiguous with the lower boundary of the second segment, a first side boundary contacting a portion of the first side surface of the key blade, a second side boundary contacting a portion of the second side surface of the key blade, and the second edge of the key blade, wherein the first side boundary and the second side boundary of the third envelope have a third thickness therebetween, wherein the distance from the centerline to the second side boundary of the third envelope is equal to the distance from the centerline to the second side boundary of the second envelope, and wherein the third thickness is greater than the first thickness and the second thickness, and wherein the horizontally-oriented keyway is divided into first, second, and third keyway segments along its height, wherein the first keyway segment corresponds to the first blade segment, the second keyway segment corresponds to the second blade segment, and the third keyway segment corresponds to the third blade segment (as best shown in figures 1 and 2), and wherein the horizontal cylinder lock further includes at least one tumbler pin (30) oriented within the cylinder so as to be parallel to the height of the horizontally-oriented keyway and configured to be elevated by a complementary bitting (8) formed on a first side of a key (1) inserted into the keyway, wherein the method comprises: inserting a key blade (2) into the horizontally-oriented keyway, wherein the key blade has a first edge (top edge having bitings 11), a second edge (18), a first side surface, and an opposed second side surface defining a cross sectional shape such that the key can be inserted into the horizontally-oriented keyway of the horizontal cylinder lock (figures 1 and 2), wherein the cross sectional shape of the key is defined by: (iii) only one blade segment corresponding to the third keyway segment of the horizontally-oriented keyway of the horizontal cylinder lock and lacking any blade segment that corresponds to the first or second keyway segments of the horizontally-oriented keyway, or (iv) only two blade segments corresponding to the second and third keyway segments of the horizontally-oriented keyway of the horizontal cylinder lock and lacking any blade segment that corresponds to the first keyway segment of the horizontally-oriented keyway, and wherein the blade includes at least one bitting formed on the first side surface of the blade, and wherein the at least one bitting is configured to elevate the at least one tumbler pin of the horizontal cylinder lock., and wherein inserting the key blade into the horizontally-oriented keyway comprises inserting the segment of blade corresponding to the third keyway segment into the third segment of the keyway (as shown in figures 5-7), as in claim 45.
Prunbauer further discloses the at least one bitting formed on the first side surface extends to the second edge of the blade (figure 1), as in claim 40, and the at least one bitting formed on the first side surface extends from the second edge of the blade to beyond a longitudinal axis of the blade figure 1), as in claim 41.
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(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Prunbauer, as applied above.
Prunbauer discloses the invention substantially as claimed. Prunbauer discloses the key is of a conventional size. However, Prunbauer does not disclose the exact dimensions of the respective segment envelopes of the key. It is common knowledge in the prior art to optimize the size of a key in the same field of endeavor for the purpose of allowing for proper effectuation of a lock cylinder. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the thickness of first segment envelope is about 0.060 inch, the thickness of the second segment envelope is about 0.093 inch, and the thickness of third segment envelope is about 0.125 inch in order to fit the desired lock combination within the lock cylinder.
A change in the size of a prior art device is a design consideration within the skill of the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to further show the state of the art with respect to kay and lock cylinders:
U.S. Patent Number 6,490,898 to Mottura; U.S. Patent Number 5,289,709 to Field; U.S. Patent Number 5,615,565 to Field; U.S. Patent Number 758,026 to Taylor.
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/CHRISTOPHER J BOSWELL/ Primary Examiner, Art Unit 3675
CJB /cb/
December 16, 2025