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 .
The examiner acknowledges applicant’s amendments to claims 1-20 filed May 6, 2026.
Claim Interpretation
In regards to claim 1, applicant states in the remarks filed May 6, 2026 that claim 1 is drawn to the security assembly alone, however, the body of the claim has been amended to recite the item and components of the security assembly that cooperate with the item, such that the operation of the security assembly is defined by its interaction with the item, however, the preamble of the claim only recites a security assembly, which only includes the housing and the lockable security element. Consequently, it cannot be determined whether applicant intends to claim the subcombination of the security assembly or the security assembly in combination with the item and its structure. In formulating an evaluation on the merits, the examiner is considering that the claims are drawn to the combination, i.e. that the claim requires the particulars of the item and its cooperation with the lockable security element, and the claims will be rejected accordingly. If applicant indicates by amendment that the combination claim is the intention, the language of the preamble should be made consistent with the language of the body of the claims. If the intent is to claim the subcombination, then the body of the claim and the dependent claims must be amended to remove positive recitations of the combination. Applicant’s intention in regards to the scope of the claim must be clearly established by the claim language. The examiner has set forth language in the claim objections below to show the apparent intent to have the claims drawn to the combination.
Claim Objections
4. Claims 1, 5, 7, and 15-20 are objected to because of the following informalities:
In regards to claim 1, lines 3 and 4, the phrase “the base panel, front panel, rear panel, and side panels” should be changed to “the base panel, the front panel, the rear panel, and the two side panels,” and in line 5, a comma should be inserted after the phrase “the rear panel” and the phrase “two side panels” should be changed to “the two side panels.”
In regards to claim 5, the claim should read as follows: “The security assembly according to claim 4, wherein the first part of the lockable security element is secured to a surface of the rear panel such that the part of the housing, formed as a part of the rear panel, is disposed between the first and second parts of the lockable security element.”
In regards to claim 7, the claim should read as follows: “The security assembly according to claim 6, wherein the first part of the lockable security element is secured to a surface of the rail such that the part of the housing, formed as a part of the rail, is disposed between the first and second parts of the lockable security element.”
In regards to claim 15, the claim should read as follows: “An assembly comprising: the security assembly according to claim 1; and wherein the item comprises a hang tab box seated in the housing of the security assembly, wherein the part of the item clamped between the first and second parts of the lockable security element is formed by a header of the hang tab box.”
In regards to claim 16, line 2, a comma should be inserted after the phrase “a rear panel,” and in line 4, the phrase “the rear panel and the side panels” should be changed to “the rear panel, and the two side panels.”
In regards to claim 17, the claim should read as follows: “A method of securing the security assembly according to claim 1 to the item, wherein the item is a hang tab box, the method comprising: seating the hang tab box in the housing of the security assembly; and moving the pin from the first position into the second position, so that the pin extends through the portion of the item, formed by 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, lines 4-6 should read as follows: “moving the second part of the lockable security element into a closed position, so that a part of the header of the hang tab box, which forms the part of the item clamped between the first and second parts of the lockable security element, is disposed between the first and second parts of the lockable security element before moving the pin from the first position into the second position.”
In regards to claim 19, the claim should read as follows: “The method according to claim 18, wherein the hand tab box is seated in the housing, such that the header is disposed adjacent to the rear panel of the housing, and the second part of the lockable security element is moved into the closed position, so that a part of the header, which forms the part of the item clamped between the first and second parts of the lockable security element, and a part of the rear panel , which forms the part of the housing disposed between the first and second parts of the lockable security element, are clamped between the first and second parts of the lockable security element.”
In regards to claim 20, the claim should read as follows: “The method according to claim 18, wherein the housing comprises a rail extending between the side panels, and wherein the hang tab box is seated in the housing, such that the header is disposed adjacent the rail, and wherein the second part of the lockable security element is moved into the closed position, so that a part of the header, which forms the part of the item clamped between the first and second parts of the lockable security element, and a part of the rail, which forms the part of the housing disposed between the first and second parts of the lockable security element, are clamped between the first and second parts of the lockable security element.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
5. 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.
6. Claims 5, 7, 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.
7. In regards to claim 5, the relationship between the “part of the rear panel” recited in claim 5 and the “part of the housing disposed between the first and second parts of the lockable security element” recited in claim 1 is unclear from the claim language. It is understood from the specification that the “part of the rear panel” of claim 5 is equivalent to the “part of the housing disposed between the first and second parts of the lockable security element” of claim 1, and will be examined as such. See claim objections above.
8. In regards to claim 7, the relationship between the “part of the rail” recited in claim 7 and the “part of the housing disposed between the first and second parts of the lockable security element” recited in claim 1 is unclear from the claim language. It is understood from the specification that the “part of the rail” of claim 7 is equivalent to the “part of the housing disposed between the first and second parts of the lockable security element” of claim 1, and will be examined as such. See claim objections above.
9. In regards to claim 15, the relationship between the hang tab box and its header, as recited in claim 15, and the item and its part clamped between the first and second parts of the lockable security element, as recited in claim 1, is unclear from the claim language. It is understood from the specification that the hang tab box is the item and its header is the part clamped between the first and second parts of the lockable security element, and will be examined as such. See claim objections above.
10. In regards to claim 17, the relationship between the hang tab box and its header, as recited in claim 17, and the item and its portion through which the pin extends, as recited in claim 1, is unclear from the claim language. It is understood from the specification that the hang tab box is the item and its header is the portion through which the pin extends, and will be examined as such. See claim objections above.
11. In regards to claim 18, the relationship between the part of the header disposed between the first and second parts of the lockable security element, as recited in claim 18, and the part of the item that is clamped between the first and second parts of the lockable security element, as recited in claim 1, is unclear from the claim language. It is understood from the specification that the part of the header is the part of the item that is clamped, and will be examined as such. See claim objections above.
12. In regards to claim 19, the relationship between the part of the header, as recited in claim 19, and the part clamped between the first and second parts of the lockable security element, as recited in claim 1, is unclear from the claim language. It is understood from the specification that the part of the header forms the part clamped between the first and second parts, and will be examined as such. Furthermore, the relationship between the part of the rear panel, as recited in claim 19, and the part of the housing disposed between the first and second parts of the lockable security element, as recited in claim 1, is unclear from the claim language. It is understood from the specification that the part of the rail forms the part of the housing, and will be examined as such. See claim objections above.
13. In regards to claim 20, the relationship between the part of the header, as recited in claim 20, and the part clamped between the first and second parts of the lockable security element, as recited in claim 1, is unclear from the claim language. It is understood from the specification that the part of the header forms the part clamped between the first and second parts, and will be examined as such. Furthermore, the relationship between the part of the rail, as recited in claim 20, and the part of the housing disposed between the first and second parts of the lockable security element, as recited in claim 1, is unclear from the claim language. It is understood from the specification that the part of the rail forms the part of the housing, and will be examined as such. See claim objections above.
Claim Rejections - 35 USC § 103
14. 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.
15. 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.
16. Claim(s) 1-11 and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bouan (WO 2019/162588 A1) in view of Napthine (US Pub. No. 2020/0242905 A1).
17. In regards to claim 1, Bouan discloses a security assembly 100, 200 comprising: a housing (210, 220 and the portion of component 120 having opening 121 and component 123, Figure 2) including a base panel 206, a front panel 202, a rear panel (220 and portion of component 120 having opening 121 and component 123, Figure 2), and two side panels 203 and 204, each side panel extending between the front panel and the rear panel (extending between the front panel and the rear panel when the housing is closed around the item, Figure 4), so that the base panel, the front panel, the rear panel, and the two side panels are in fixed positions relative to each other (in fixed positions relative to each other when the housing is in a closed state shown in Figure 2), the housing defining a space (Figures 1 and 4), and edges of the front panel, the rear panel, and the two side panels defining an opening 207 of the housing; a lockable security element 100 having a first part (back part of portion 120 located at the indicator line for reference character 124 and including the latch mechanism at the rear of 120, Paragraph 39 of the Computer Generated Translation), comprising a latch mechanism (Paragraph 39 of the Computer Generated Translation) and a second part 110 comprising a pin having a tip (needle, Paragraph 39 of the Computer Generated Translation); wherein, the pin is moveable from 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 (Paragraph 39 of the Computer Generated Translation), and the latch mechanism being configured to releasably retain the tip of the pin when the pin is in the second position (Paragraph 39 of the Computer Generated Translation), wherein a part of the housing is disposed between the first and second parts of the lockable security element (the part of the housing having hole 121, Paragraph 39 of the Computer Generated Translation) and includes a hole 121 aligned with the latch mechanism through which the pin extends when the pin is in the second position (Paragraph 39 of the Computer Generated Translation), wherein the security assembly is configured to receive an item 300 in the space, and to clamp a part of the item between the first and second parts of the lockable security element (Figures 2 and 4) with the pin extending through a portion 301 of the item (Paragraph 39 of the Computer Generated Translation).
Bouan fails to disclose an EAS sensor. Napthine teaches a security assembly or device having an EAS sensor (left hand sensor 12 in Figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include an EAS sensor, with reasonable expectation of success, such that removable of the security assembly from a retail store can be detected and trigger an alarm, thereby, enhancing the security of the device.
18. In regards to claim 2, Bouan discloses that the first part of the lockable security element is secured to the housing in a fixed position relative to the housing and adjacent the opening of the housing (Figure 1), and the second part of the lockable security element is moveable relative to the first part between an open position (position in which the second part is pivoted downwardly to the position in Figure 1 and the housing portion 210 is closed onto housing portion 220, Figure 4 and Paragraphs 39-44 of the Computer Generated Translation), in which the item is insertable into the housing, and a closed position (Figure 1), in which the second part obstructs the opening and, wherein, in the closed position, the pin is moveable from the first position to the second position (Paragraph 42 of the Computer Generated Translation).
19. In regards to claim 3, Bouan discloses that the first part of the lockable security element is permanently secured to the housing (Paragraph 49 of the Computer Generated Translation).
20. In regards to claim 4, Bouan discloses that the first part of the lockable security element is secured to the rear panel of the housing (Figure 1).
21. In regards to claim 5, Bouan discloses that the first part of the lockable security element is secured to a surface of the rear panel such that the part of the housing, formed as a part of the rear panel, is disposed between the first and second parts of the lockable security element (at least a portion of component 120, such as the section at reference character 123, forming a part of the rear panel when assembled to the rear panel, is disposed between the first and second parts, Figure 2).
22. In regards to claim 6, Bouan discloses that the housing comprises a rail (portions of the rear panel having openings 208 and 209, Figure 3), and wherein the first part of the lockable security element is secured to the rail (Figure 4).
23. In regards to claim 7, Bouan discloses that the first part of the lockable security element is secured to a surface of the rail such that the part of the housing, formed as a part of the rail, is disposed between the first and second parts of the lockable security element (the rail including elements 250 and 260 that have at least a dimension that extends between the first and second parts of the lockable security element, such that the lockable security element is secured to the housing).
24. In regards to claim 8, Bouan discloses that the first and second parts of the lockable security element are hingedly connected (Figure 2).
25. In regards to claim 9, Bouan discloses that the latch mechanism is magnetically releasable (Paragraph 35 of the Computer Generated Translation).
26. In regards to claim 10, Napthine teaches that the EAS sensor is housing in a first part 14 of an element 10, and it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include the EAS sensor in the first part of the lockable security element of Bouan, since the first part of the lockable security element is secured to the housing.
27. In regards to claim 11, Napthine teaches a second EAS sensor (right hand sensor 12 in Figure 3), and since Napthine teaches both EAS sensors located in the same part of the device (Figure 3), then it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include both EAS sensors in the first part of the lockable security element of Bouan, with reasonable expectation of success, since the first part of the lockable security element is secured to the housing.
28. In regards to claim 14, Bouan discloses that the housing is made of a transparent or translucent polymeric material (Paragraph 36 of the Computer Generated Translation).
29. In regards to claim 15, Bouan discloses that the item received in the space is a hang tab box (Paragraphs 6-10 of the Computer Generated Translation), wherein the hang tab box is seated in the housing when received in the space (Figures 1 and 4) and a header of the hang tab box is disposed between the first and second parts of the lockable security element (header having opening 301, Figures 1 and 2).
30. In regards to claim 16, Bouan discloses an assembly comprising: a housing (210, 220 and the portion of component 120 having opening 121 and component 123, Figure 2) including a base panel 206, a front panel 202, a rear panel (220 and portion of component 120 having opening 121 and component 123, Figure 2), and two side panels 203 and 204, each side panel extending between the front panel and the rear panel (extending between the front panel and the rear panel when the housing is closed around the item, Figure 4), the base panel, the front panel, the rear panel, and the two side panels being in fixed positions relative to each other (in fixed positions relative to each other when the housing is in a closed state shown in Figure 2), and the rear panel includes a hole 121; a hang tab box 300 (Paragraphs 6-10 of the Computer Generated Translation) seated in the housing (Figures 1 and 4) with a header of the hang tab box disposed adjacent the rear panel of the housing (header having opening 301, Figures 1 and 2); and a lockable security element 100 having a first part (back part of portion 120 located at the indicator line for reference character 124 and including the latch mechanism at the rear of 120, Paragraph 39 of the Computer Generated Translation) comprising a latch mechanism (Paragraph 39 of the Computer Generated Translation) and a second part 110 comprising a pin having a tip (needle, Paragraph 39 of the Computer Generated Translation), the header of the hang tab box and the rear panel of the housing disposed between the first and second parts of the lockable security element (the part of the housing having hole 121, Paragraph 39 of the Computer Generated Translation and Figure 1), the pin extending through the header and the hole in the rear panel, and the latch mechanism releasably retaining the tip of the pin (Paragraph 39 of the Computer Generated Translation). Bouan fails to disclose an EAS sensor. Napthine teaches a security assembly or device having an EAS sensor (left hand sensor 12 in Figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include an EAS sensor, with reasonable expectation of success, such that removable of the security assembly from a retail store can be detected and trigger an alarm, thereby, enhancing the security of the device.
31. In regards to claim 17, Bouan discloses a method of securing the security assembly according to claim 1 to the item, wherein the item is a hang tab box (Paragraphs 6-10 of the Computer Generated Translation), the method comprising: seating the hang tab box in the housing of the security assembly (Figure 1); and moving the pin from the first position into the second position, so that the pin extends through the portion of the item, formed as a header of the hang tab box (portion having opening 301, Figure 2), and the hole of the part of the housing, such that the pin is releasably retained by the latch mechanism (Paragraph 39 of the Computer Generated Translation).
32. In regards to claim 18, Bouan discloses that the method further comprises: seating the hand tab box in the housing with the second part of the lockable security element in an open position of the second part (Figure 2); and moving the second part of the lockable security element into a closed position (Figure 1), so that a part of the header of the hang tab box, which forms the part of the item clamped between the first and second parts of the lockable security element, is disposed between the first and second parts of the lockable security element before moving the pin from the first position to the second position (Figure 1 and Paragraph 39 of the Computer Generated Translation).
33. In regards to claim 19, Bouan discloses that the hang tab box is seated in the housing, such that the header is disposed adjacent the rear panel of the housing, and the second part of the lockable security element is moved into the closed position, so that a part of the header, which forms the part of the item clamped between the first and second parts of the lockable security element, and a part of the rear panel, which forms the part of the housing disposed between the first and second parts of the lockable security element, are clamped between the first and second parts of the lockable security element (Figure 1 and Paragraph 39 of the Computer Generated Translation).
34. In regards to claim 20, Bouan discloses that the housing comprises a rail extending between the side panels (rail including portions of the rear panel having openings 208 and 209, Figure 3), and wherein the hang tab box is seated in the housing, such that the header is disposed adjacent the rail (Figures 1, 3, and 4), and wherein the second part of the lockable security element is moved into the closed position, so that a part of the header, which forms the part of the item clamped between the first and second parts of the lockable security element, and a part of the rail, which forms the part of the housing disposed between the first and second parts of the lockable security element, are clamped between the first and second parts of the lockable security element (the rail including elements 250 and 260 that have at least a dimension that extends between the first and second parts of the lockable security element, such that the lockable security element is secured to the housing).
35. Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bouan (WO 2019/162588 A1) in view of Napthine (US Pub. No. 2020/0242905 A1) as applied to claims 1-11 and 14-20 above, and further in view of Chalberg et al. (US-5417319).
36. In regards to claim 12, Bouan fails to disclose that the rear panel comprises a first lateral portion and a second lateral portion and there is a gap between the first and second lateral portions defined by a distance between inner edges of the first and second lateral portions. Chalberg et al. teaches a housing 10 having a rear panel (see Figure 1 below) comprising a first lateral portion and a second lateral portion (see Figure 1 below) and there is a gap between the first and second lateral portions defined by a distance between inner edges of the first and second lateral portions (see Figure 1 below, with the inner edge of the second lateral portion being located opposite the inner edge of the first lateral portion, as apparent from Figure 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include an opening or gap defined between first and second lateral portions of the rear panel, with reasonable expectation of success, in order to allow the housing to accommodate differently shaped items.
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37. In regards to claim 13, Bouan fails to disclose that the front panel comprises a first lateral portion and a second lateral portion and there is a gap between the first and second lateral portions defined by a distance between inner edges of the first and second lateral portions. Chalberg et al. teaches a housing 10 having a front panel (see Figure 1 on Page 20 of the current Office Action) comprising a first lateral portion and a second lateral portion (see Figure 1 on Page 20 of the current Office Action) and there is a gap between the first and second lateral portions defined by a distance between inner edges of the first and second lateral portions (see Figure 1 on Page 20 of the current Office Action). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include an opening or gap defined between first and second lateral portions of the front panel, with reasonable expectation of success, in order to allow the housing to accommodate differently shaped items.
Response to Arguments
38. Applicant's arguments regarding the amendments to claims 1 and 16 filed May 6, 2026 have been fully considered but they are not persuasive. Applicant is referred to the interpretation of the Bouan reference applied to claims 1 and 16 above, in which the base panel, the front panel, the rear panel, and the two side panels are in fixed positions relative to each other when the housing is in a closed state shown in Figure 2. Furthermore, applicant remarks that the hole of claims 1 and 16 must be in a fixed position with respect to all of the other panels of the housing, however, the claims do not recite this. If the claims were to be examined to include this limitation, the Bouan discloses that the hole 121 is fixed relative to all the other panels of the housing when the housing is in a closed state shown in Figure 2. Therefore, the claim limitations are met.
39. In regards to applicant’s remarks concerning the rejections of claims 12 and 13 under 35 U.S.C. 103 with Bouan in view of Chalberg, Chalberg was merely used as a teaching to include an opening or gap in the front panel, which would not affect the way in which the device of Bouan functions, as argued by applicant. The modification would allow the housing to accommodate differently shaped items. Therefore, the rejections are maintained.
40. In light of applicant’s amendments to the drawings, the drawing objections set forth in the previous Office Action are withdrawn.
41. In light of applicant’s amendments to the claims, most of the claim objections and rejections under 35 U.S.C. 112(b) set forth in the previous Office Action are withdrawn, however, in light of the amendments to the claims, new claim objections and rejections under 35 U.S.C. 112(b) are set forth in the current Office Action.
Conclusion
42. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
43. 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 June 10, 2026
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