DETAILED ACTION
This communication is a first office action on the merits. Claims 1-4, 6-7, 10, 14-21, 23-26 and 28, as filed are currently pending and have been considered below.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, line 20 the phrase “the first position” should be replaced by --a first position--.
In claim 1 line 24, the phrase “the second position” should be replaced by --a second position--. Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the adjusting elements adjustable independently must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 7 and 24-26 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.
Claim 7 recites the limitation "the acting portion" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 24 describes first engaging protrusions, adjusting elements, engaging elements and second engaging protrusions. It is unclear if these are new elements or describing the elements previously listed in claim 1. Claim 25 depending therefrom inherits these indefinite issues.
Claim 26, as noted above in the drawing objection, describes independent adjustment of the adjusting elements. However, there does not appear to be sufficient disclosure to determine how the structures so far provided can operate in this manner.
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.
(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) 1-3, 6, 7, 10, 14, 15, 20, 21 and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fiedler et al. (WO 2020/216955 for which US 12,227,255 is used as a translation).
Regarding claim 1, Fiedler et al. discloses an apparatus comprising
a first closure part (2) associated to a first one of the assemblies, which includes a housing part (5), a plug opening (500A) arranged on the housing part, at least one first engaging protrusion (524) and an adjusting element (52, 540) adjustably arranged on the housing part, and
a second closure part (4) associated to a second one of the assemblies, which includes an engaging element (41A,) with at least one second engaging protrusion (410),
wherein the engaging element can be inserted into the plug opening along a closing direction (X) for closing the closure device (Fig. 5C as shown), in a closed position the at least one first engaging protrusion is in engagement with the at least one second engaging protrusion for holding the first closure part and the second closure part at each other against the closing direction (Fig. 5C as shown), and the first closure part and the second closure part can be separated from each other for opening the closure device (Figs. 8C-11C as shown),
wherein the plug opening, as seen along a plane perpendicular to the closing direction, is delimited by at least one boundary portion (Fig. 5C as shown) in such a way that for closing the closure device the engaging element can be inserted into a space delimited by the at least one boundary portion (Fig. 5C as shown), wherein in the first position an acting portion of the adjusting element is arranged outside the space in order to provide for an insertion of the engaging element into the space (Fig. 9C as shown), wherein the adjusting element, when the first closure part and the second closure part are attached to each other, can be transferred from the first position into the second position so that in the second position the acting portion, as seen along the plane perpendicular to the closing direction is arranged within the space in order to produce or secure the engagement between the at least one first engaging protrusion and the at least one second engaging protrusion for holding the first closure part and the second closure part at each other against the closing direction (Fig. 5C as shown).
Regarding claim 2, Fiedler et al. further discloses wherein the space delimited by the at least one boundary portion includes a center and the adjusting element can be rotated relative to the housing part of the first closure part about an axis of rotation offset from the center between a first position and a second position (Figs. 7C-16 show wherein the release mechanism is pivoted/rotated to release the assemblies wherein its center of rotation is offset from a center of the edges/boundaries of the apertures).
Regarding claim 3, Fiedler et al. further discloses wherein the space is delimited by two boundary portions (the aperture 500A as shown in Fig. 2 can be subdivided into two partially semicircular halves) facing each other, wherein the center is arranged centrally between the boundary portions (Fig. 2 as shown).
Regarding claim 6, Fiedler et al. further disclose wherein the adjusting element comprises a base and a collar portion (520 is shown in Fig. 7C is shown as a segmented member wherein the longest handle portion forms the base and the central perpendicular section forms the collar portion) rigidly formed on the base, which protrudes from the base along the closing direction (Fig. 5C shows the collar portion aligned in the closing direction).
Regarding claim 7, Fiedler et al. further disclose wherein at least one of: the collar portion forms the acting portion (Fig. 5C shows wherein the collar portion is functionally connected to the engaging protrusion); and the at least one first engaging protrusion is arranged on the collar portion.
Regarding claim 10, Fiedler et al. further disclose wherein at least one of
in the closed position the at least one first engaging protrusion and the at least one second engaging protrusion positively are in engagement with each other (Fig. 5C as shown),
the plug opening is formed by a circular opening (Fig. 2 as shown),
the housing part comprises a bearing opening for rotatably supporting the adjusting element on the housing part about the axis of rotation (Fig. 10A shows an opening for supporting 540 therethrough), and
for closing the closure device, the first closure part and the second closure part can be attached to each other exclusively in the first position of the adjusting element (Figs. 5A-5C as shown).
Regarding claim 14, Fiedler et al. further discloses wherein the adjusting element in the second position is configured to exert a pretensioning force on the engaging element along the closing direction (Paragraph 18 describes wherein pretensioning is provided by a spring element).
Regarding claim 15, Fiedler et al. further disclose wherein in the first position (Fig. 9C) the adjusting element takes a first axial position relative to the housing part and in the second position takes a second axial position (Fig. 5C) relative to the housing part, which is different from the first axial position and offset along the closing direction, in order to exert a pretensioning force on the engaging element in the second position along the closing direction (Paragraph 18 describes wherein pretensioning is provided by a spring element).
Regarding claim 20, Fiedler et al. further disclose wherein the first closure part comprises a drive element (520) operatively connected to the adjusting element and to be actuated by a user, which is configured to introduce an adjusting force into the adjusting element on actuation (Figs. 6C, 7C, 9C and 10C as shown).
Regarding claim 21, Fiedler et al. further disclose wherein at least one of: the drive element is rotatably arranged on the housing part (Figs. 5C-10C show various states of rotation of the drive element); and the drive element comprises a toothing portion which is in messing engagement with a toothing portion of the adjusting element.
Regarding claim 23, Fiedler et al. further disclose wherein the first closure part comprises a first magnetic element (43A) and the second closure part comprises a second magnetic element (53A), wherein the first magnetic element and the second magnetic element cooperate in a magnetically attracting manner in order to magnetically support the attachment of the first closure part and the second closure part for closing the closure device (Paragraph 85, lines 5-12).
Claim(s) 1, 4, 16, 17 and 24-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Büttner et al. (DE 10 2019 215 277.5 for which US 2022/00312904 is used as a translation).
Regarding claims 1 and 4, Büttner et al. discloses an apparatus comprising
a first closure part (50) associated to a first one of the assemblies, which includes a housing part (500), a plug opening (Fig. 2 shows a hollowed-out underside) arranged on the housing part, at least one first engaging protrusion (24) and an adjusting element (21) adjustably arranged on the housing part, and
a second closure part (51) associated to a second one of the assemblies, which includes an engaging element (310) with at least one second engaging protrusion (31),
wherein the engaging element can be inserted into the plug opening along a closing direction (X) for closing the closure device, in a closed position the at least one first engaging protrusion is in engagement with the at least one second engaging protrusion for holding the first closure part and the second closure part at each other against the closing direction (Fig. 9A as shown wherein the engagement protrusion is engaged with the protrusion via 21 and 23), and the first closure part and the second closure part can be separated from each other for opening the closure device (Figs. 11A-11C as shown),
wherein the plug opening, as seen along a plane perpendicular to the closing direction, is delimited by at least one boundary portion (lowest terminal end of 202) in such a way that for closing the closure device the engaging element can be inserted into a space delimited by the at least one boundary portion, wherein in the first position an acting portion of the adjusting element is arranged outside the space in order to provide for an insertion of the engaging element into the space (Fig. 12A shows an arrangement wherein 23 is at the upper most portion of 202 and outside of the space), wherein the adjusting element, when the first closure part and the second closure part are attached to each other, can be transferred from the first position into the second position so that in the second position the acting portion, as seen along the plane perpendicular to the closing direction is arranged within the space in order to produce or secure the engagement between the at least one first engaging protrusion and the at least one second engaging protrusion for holding the first closure part and the second closure part at each other against the closing direction (Fig. 9A as shown); and
wherein the at least one first engaging protrusion is arranged on the adjusting element and can be rotated relative to the housing part jointly with the adjusting element (Figs. 9A-11A shows rotation).
Regarding claim 24, Büttner et al. further discloses wherein the first closure part comprises two slots (1A and 1B for two closure devices on the first closure part) with at least one first engaging protrusion (24) each and an adjusting element (21) rotatable relative to the housing part, wherein the second closure part comprises two (3A, 3B) engaging elements (310) with at least one second engaging protrusion (31) each, wherein for closing the closure device each of the engaging elements of the second closure part can be attached to one of the slots of the first closure part and in the closed position the first engaging protrusions are in engagement with the second engaging protrusions for holding the first closure part and the second closure part at each other against the closing direction.
Regarding claim 25, Büttner et al. further discloses wherein the adjusting elements each are arranged on the housing part of the first closure part so as to be adjusted between a first position and a second position (Figs. 3-12E as shown).
Regarding claim 26, Büttner et al. further discloses wherein the adjusting elements are jointly adjustable via an actuating mechanism (4) of the first closure part, or the adjusting elements are adjustable independently of each other.
Regarding claims 1 and 16, Büttner et al. discloses an apparatus comprising
a first closure part (50) associated to a first one of the assemblies, which includes a housing part (500), a plug opening (Fig. 2 shows a hollowed-out underside) arranged on the housing part, at least one first engaging protrusion (21) and an adjusting element (24) adjustably arranged on the housing part, and
a second closure part (51) associated to a second one of the assemblies, which includes an engaging element (310) with at least one second engaging protrusion (31),
wherein the engaging element can be inserted into the plug opening along a closing direction (X) for closing the closure device, in a closed position the at least one first engaging protrusion is in engagement with the at least one second engaging protrusion for holding the first closure part and the second closure part at each other against the closing direction (Fig. 9A as shown wherein the engagement protrusion is engaged with the protrusion via 23), and the first closure part and the second closure part can be separated from each other for opening the closure device (Figs. 11A-11C as shown),
wherein the plug opening, as seen along a plane perpendicular to the closing direction, is delimited by at least one boundary portion (lowest terminal end of 202) in such a way that for closing the closure device the engaging element can be inserted into a space delimited by the at least one boundary portion, wherein in the first position an acting portion of the adjusting element is arranged outside the space in order to provide for an insertion of the engaging element into the space (Fig. 12A shows an arrangement wherein 23 is at the upper most portion of 202 and outside of the space), wherein the adjusting element, when the first closure part and the second closure part are attached to each other, can be transferred from the first position into the second position so that in the second position the acting portion, as seen along the plane perpendicular to the closing direction is arranged within the space in order to produce or secure the engagement between the at least one first engaging protrusion and the at least one second engaging protrusion for holding the first closure part and the second closure part at each other against the closing direction (Fig. 9A as shown); and
wherein the first closure part includes a run-up element with a first ramp portion (216), which is arranged on the housing part, and the adjusting element comprises a run-up portion with a second ramp portion (242), wherein during an adjustment of the adjusting element) for axially adjusting the adjusting element the first ramp portion slides on the second ramp portion (Paragraph 130, lines 3-14).
Regarding claim 17, Büttner et al. further disclose wherein the run-up element is non-rotatably connected to the housing part (21 is shown only as translating on the housing).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Büttner et al. as applied to claim 16 above, and further in view of Gutschenritter et al. (US 2016/0212869).
Regarding claims 18-19, Büttner et al. discloses the invention except for wherein at least one of the first closure part and/or the second closure part comprises an elasticity element elastically deformable along the closing direction, which is elastically deformable on axial adjustment of the adjusting element; wherein the elasticity element is formed by an element formed of an elastomeric material or by a mechanical spring element.
Gutschenritter et al. teach an elasticity element (62) formed by an elastomeric material (Paragraph 40, last line).
From this teaching of Gutschenritter et al. it would have been obvious to one of ordinary skill before the effective filing date of the invention to include an elasticity element between the first and second closure part of Büttner et al. Usage in a cammed/wedged type fastener would allow the fastener to remain in its tightened arrangement resisting unintended loosening due to vibrations.
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fiedler et al. as applied to claim 1 above, and further in view of Fiedler et al. (US 11,970,881 hereafter referred to as ‘881).
Regarding claim 28, Fiedler et al. discloses the invention except for wherein the first closure part comprises a first electrical contact arrangement and the second closure part comprises a second electrical contact arrangement, wherein in the closed position the first electrical contact arrangement and the second electrical contact arrangement are operatively connected to each other in an electrically contacting way.
‘881 teaches operative electrical connection in a closed position (Fig. 13C; Column 10, lines 52-64).
From this teaching of ‘881, it would have been obvious to one of ordinary skill before the effective filing date of the invention to provide electrical contacts to the first and second closure parts of Fiedler that come in to engagement during a locking position as a method for a user to confirm secure locking between the closure parts of Fiedler.
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