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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on September 8, 2026 has been entered.
The examiner acknowledges applicant’s amendments to claims 1-20.
Claim Objections
Claims 1, 2, and 15-18 are objected to because of the following informalities:
In regards to claim 1, line 4, a comma should be inserted before the word “such,” in line 5, a comma should be inserted after the phrase “the rear panel,” and lines 8-20 should read as follows: “a lockable security element having a first part comprising a latch mechanism and a second part comprising a pin having a tip, wherein the second part of the lockable security element is configured to be moved toward the first part of the lockable security element, so as to locate the pin and the latch mechanism relative to one another; and an EAS sensor, wherein when the second part of the lockable security element is moved toward the first part of the lockable security element, the pin is moveable to a first position, in which the tip of the pin is within the second part, to a second position, in which the pin extends from the second part into the first part, and the latch mechanism being configured to releasably retain the tip of the pin when the pin is in the second position, and wherein a part of the housing is disposed between the first and second parts of the lockable security element when the second part is moved toward the first part, and the part of the housing includes a hole aligned with the latch mechanism and through which the pin extends when the pin is in the second position.”
In regards to claim 2, the claim should read as follows after the preamble: “wherein the first part of the lockable security element is secured to the housing in a fixed position relative to the housing and adjacent to the opening of the housing, and the second part of the lockable security element is configured to move toward the first part of the lockable security element from an open position to a closed position, in which the second part obstructs the opening and such that the pin is moveable from the first position to the second position.”
In regards to claim 15, line 4, the phrase “when the second part is moved toward the first part” should be inserted after the phrase “the lockable security element.”
In regards to claim 16, line 5, a comma should be inserted after the phrase “the rear panel.”
In regards to claim 17, the claim should read as follows: “A method of security a security assembly according to claim 1 to a hang tab box, the method comprising: seating the hang tab box in the housing of the security assembly; moving the second part of the lockable security element toward the first part of the lockable security element; and moving the pin from the first position into the second position, so that the pin extends through a header of the hang tab box and the hole of the housing, and the tip of the pin is releasably retained by the latch mechanism.”
In regards to claim 18, the claim should read as follows after the preamble: “further comprising: the step of seating the hang tab box in the housing of the security assembly comprises seating the hang tab box in the housing with the second part of the lockable security element in an open position relative to the first part of the lockable security element; and the step of moving the second part of the lockable security element toward the first part of the lockable security element comprises moving the second part into a closed position, so that a part of the header of the hang tab box is disposed between the first and second parts of the lockable security element before the step of moving the pin from the first position into the second position.”
Appropriate correction is required.
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 1-15 and 17-20 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.
In regards to claim 1, it is unclear how the first and second parts of the lockable security element are pressed toward each other and how this pressing is related to the position of the pin and latch mechanism relative to one another, such that they might interact as recited in the claim. The phrase “capable of being pressed toward each other” suggests that both the first and second parts are movable, when it is understood from the specification and dependent claims that the first part is stationary or fixed on the housing, such that the second part, which is hinged to the first part, is movable towards the first part. Furthermore, without the relationship between the location of the second part relative to the first part, the pin cannot be located such that the pin can extend to the second position in which the pin is releasably retained by the latch mechanism. It is understood from the specification that the second part of the lockable security element is movable toward the first part of the lockable security part, such that the pin and the latch mechanism are located relative to one to cooperate, and will be examined as such. See claim objections above.
In regards to claim 1, lines 16 and 17, the phrase “a hole aligned with the latch mechanism through which the pin extends” suggests that the pin extends through the latch mechanism, when it is understood that the pin extends through the hole and will be examined as such. See claim objections above.
In regards to claim 2, the relationship between the positions of the second part of the lockable security element relative to the first part of the security element, as recited in claim 2, and the “pressing” of the first and second parts toward each other, as recited in claim 1, is unclear from the claim language. Based on the rejection of claim 1 in Paragraph 7 above, claim 2 has been examined with the language set forth in the claim objections, in which the positions of the second part are clearly related to the movement of the second part relative to the first part. See claim objections above.
In regards to claim 15, the state of the second part of the lockable security element relative to the first part of the lockable security element is unclear to allow the header of the hang tab box to be located between the first and second parts. It is understood from the specification that the header of the hang tab box is located between the first and second parts of the lockable security element when the second part is moved toward the first part, and will be examined as such. See claim objections above.
In regards to claim 17, without the method including locating the second part relative to the first part, the pin cannot be positioned such that the pin can extend to the second position in which the pin is releasably retained by the latch mechanism. It is understood from the specification that the method includes the movement of the second part of the lockable security element toward the first part of the lockable security part, such that the pin and the latch mechanism are located relative to one to cooperate as recited in the claim, and will be examined as such. See claim objections above.
In regards to claim 18, the relationship between the steps recited in claim 18 and the steps recited in claim 17 are unclear from the claim language. The relationship is understood to be that shown in the language of the claim objection to claim 18 above, and will be examined as such. See claim objections above.
In regards to claim 18, the relationship between the “header” recited in claim 18 and the “header” recited in claim 17 is unclear from the claim language. It is understood from the specification that the “header” recited in claim 18 is equivalent to the “header” recited in claim 17, and will be examined as such. See claim objections above.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: Although the references of record show some features similar to those of applicant’s device, the prior art fails to teach or make obvious the claimed invention.
In regards to claims 1 and 16, Fernandez (WO 2022/150377 A1) discloses a security assembly comprising: a housing 120 including a base panel 126, a front panel 127a, a rear panel 122, and two sides panel 127b and 127c, each side panel extending between the front panel and the rear panel, so that the base panel, the front panel, the rear panel, and the two side panels are in fixed positions relative to one another, such that the base panel, the front panel, the rear panel, and the two side panels are permanently prevented from moving relative to one another, the housing defining a space (space between the top of the front wall 127a and housing component 124, Figure 1), and edges of the front panel, the rear panel, and the two side panels defining an opening of the housing (opening in which the bottom of object 130 is located, Figure 1); and a lockable security element 110 (incorporated by reference from US 10301852, which was erroneously listed as US 10302852 in Fernandez) having a first part 112 (of US 10301852) comprising a latch mechanism 120 (of US 10301852) and a second part 140 (of US 10301852) comprising a pin 149 (of US 10301852) having a tip, wherein the second part of the lockable security element is configured to be moved toward the first part of the lockable security element, so as to locate the pin and the latch mechanism relative to one another (Figures 4-8 of US 10301852), wherein when the second part of the lockable security element is moved toward the first part of the lockable security element, the pin is moveable from a first position (Figure 5 of US 10301852) to a second position (Figure 8 of US 10301852), in which the pin extends from the second part into the first part, and the latch mechanism being configured to releasably retain the tip of the pin when the pin is in the second position (Figure 8 of US 10301852), and wherein a part of the housing (part having opening 125, Figures 1-3 and 5 of Fernandez) is disposed between the first and second parts of the lockable security element when the second part of the lockable security element is moved toward the first part of the lockable security element and includes a hole 125. As shown in Figure 1 of Ferdandez, the lockable security element of incorporated US 10301852 cooperates with the hole 125, such that a product engagement pin 116 extends through the hole when the lockable security element is in the position in Figure 8 of US 10301852. Fernandez fails to disclose that the hole is aligned with the latch mechanism and that the pin extends through the hole in the second position. The latch mechanism and pin of Fernandez are not aligned with the hole in the housing, such that the pin extends through the hole. The examiner can find no motivation to modify the device of Fernandez without employing improper hindsight reasoning and without destroying the intended structure and operation of the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSON MERLINO whose telephone number is (571)272-2219. The examiner can normally be reached Monday - Friday 7 AM to 3 PM.
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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 September 14, 2026
