DETAILED ACTION
This communication is a first office action on the merits. Claims 1-9, as filed are currently pending and have been considered below.
Election/Restrictions
Applicant's election with traverse of Species A in the reply filed on 05 December 2025 is acknowledged. The traversal is on the ground(s) that the modifications of Species B are merely a further modification of Species A. This is not found persuasive because while the elected claims 1-5 and 7-9 do appear to be generic to Species B the search and examination burden remains.
The requirement is still deemed proper and is therefore made FINAL.
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) 1-4, and 7-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Spataro (US 2012/0297590).
Regarding claim 1, Spataro discloses an apparatus comprising:
a first assembly, comprising:
a first cover body (150), comprising an upper cover (including top forked end and pivoting members 154) and a lower cover (bottom hinged end), and the upper cover having a first fitting structure (forked flared ends of 156) and a pair of first receiving grooves (as occupied by pivoting members 154);
a pair of sliders (154), movably disposed in the pair of first receiving grooves along a first direction; and
a pair of first magnetic elements (156), embedded in the pair of sliders, the lower cover assembled to the upper cover to cover up the first fitting structure and the pair of first receiving grooves to limit the pair of sliders and the pair of first magnetic elements in the pair of first receiving grooves;
a second assembly, comprising:
a second cover body (110), having a second fitting structure (opening in the frame) and a pair of second receiving grooves (defined by walls 113), and the pair of second receiving grooves located on opposite sides of the second fitting structure; and
a pair of second magnetic elements (115), disposed in the pair of second receiving grooves, wherein when the first cover body and the second cover body are engaged with each other along a second direction perpendicular to the first direction (Figs. 1A and 2A as shown), the pair of first magnetic elements and the pair of second magnetic elements are magnetically attracted to each other so that the pair of sliders move to a limiting position in the pair of first receiving grooves (Figs. 1A and 2A as shown).
Regarding claim 2, Spataro further discloses wherein the first fitting structure is a convex structure protruding from a first surface of the upper cover (forked ends protrude from a top end of the gate), and the pair of first receiving grooves are formed in the first fitting structure, and the second fitting structure is a hole (the opening in the frame is considered a hole in the material).
Regarding claim 3, Spataro further discloses wherein the first fitting structure further has a pair of limiting openings (from which 154 extends), and opening directions of the pair of limiting openings are opposite, and the second cover body further has a pair of limiting edges (113), wherein when the pair of sliders move to the limiting position in the pair of first receiving grooves, each of the sliders has a portion protruding from the pair of limiting openings, and the portion is limited by the pair of limiting edges in a reverse direction of the second direction (Figs. 1A and 2A as shown).
Regarding claim 4, Spataro further discloses wherein the second cover body further has a guiding channel (120) disposed along a third direction, the third direction is perpendicular to the first direction and the second direction, and the guiding channel has a necking portion along the third direction (Fig. 1A shows narrowing of the inner region 120 at the base of the device).
Regarding claim 7, Spataro further discloses wherein an N pole of one of the pair of first magnetic elements faces an S pole of the other first magnetic element (Paragraph 30, lines 1-5; Paragraph 31, lines 6-9).
Regarding claim 8, Spataro further discloses wherein magnetic attracting force of the pair of second magnetic elements is greater than magnetic attracting force of the pair of first magnetic elements (Paragraph 30-Paragraph 31 describes wherein the magnets 156 repel in the open position and the second magnets 115 attract the second elements 156 in the closed position).
Regarding claim 9, Spataro further discloses wherein the magnetic attracting force of at least one pair of the pair of first magnetic elements and the pair of second magnetic elements is adjusted by changing magnetic force of individual magnets, or relative positions and sizes of the two magnets (last lines of Paragraph 30 and attraction forces are altered depending on the relative position of the gate and pivoting members).
Allowable Subject Matter
Claim 5 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.
The following is a statement of reasons for the indication of allowable subject matter: Spataro fails to disclose portions protruding from limiting openings are guided by a necking portion to move the sliders in to the receiving grooves.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S LEE whose telephone number is (571)270-5735. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason San can be reached at (571) 272-6531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.S.L/Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677