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 .
Claim Objections
Claim(s) 14 objected to because of the following informalities: claim(s) should be amended to recite “wherein [[each of]] the at least one locking element is a locking screw threadingly engaging the lock case”. Appropriate correction or clarification is required.
Claim(s) 15 objected to because of the following informalities: claim(s) should be amended to recite “wherein [[each of]] the at least one locking element engages the waist.” Appropriate correction or clarification is required.
Claim(s) 16 objected to because of the following informalities: claim(s) should be amended to recite “wherein [[each of]] the at least one locking element comprises a locking tip, and wherein [[each]] the locking tip engages the waist.” Appropriate correction or clarification is required.
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.
(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) 13, 17 and 19-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shaffer (US-2497189-A).
With regards to claim 13, Shaffer discloses a lock device (Figure 2) for installation in an access member (1 Figure 1), the lock device comprising:
a lock case (3 Figure 2);
a forend (4 Figure 2);
an adjustment screw (8 Figure 1) passing through the forend and threadingly engaging the lock case (Col. 3 Lines 17-37), the adjustment screw being manually manipulatable between an adjustment position (“loosened slightly”, Col. 3 Line 50), where the forend is allowed to move relative to the lock case and where the adjustment screw prevents removal of the forend from the lock case, and a secured position (Figure 1), where the forend is secured to the lock case by the adjustment screw (Col. 3 Lines 38-65); and
at least one locking element (5 Figure 2) allowing the adjustment screw to be adjusted between the adjustment position and the secured position (when in a disengaged position revealing adjustment screw head 8) and preventing the adjustment screw from being removed from the lock case (in the engaged position as shown Figure 1).
With regards to claim 17, Shaffer discloses the lock device according to Claim 13, wherein the adjustment screw (8 Figure 1) comprises a ball-shaped head (Figure 4 shows that the adjustment screw 8 comprises a substantially ball-shaped head suitable for being seated in the concave profile of the forend 4), wherein the forend (4 Figure 2) comprises a concave profile (13 Figure 4), and wherein the ball-shaped head is seated in the concave profile when the adjustment screw adopts the secured position (Figure 1, Col. 3 Lines 26-37).
With regards to claim 19, Shaffer discloses the lock device according to Claim 13, wherein the forend (4 Figure 2) is allowed to rotate (as shown Figure 4, Col. 3 Lines 38-65) relative to the lock case (3 Figure 2) about a rotation axis (central axis of convex profile 12 when viewed from the perspective of Figure 4) when the adjustment screw adopts the adjustment position (“loosened slightly”, Col. 3 Line 50).
With regards to claim 20, Shaffer discloses the lock device according to Claim 19, wherein the rotation axis (central axis of convex profile 12 when viewed from the perspective of Figure 4) passes through the forend (4 Figure 2)(Figure 4 shows the rotation axis passing through the forend 4).
With regards to claim 21, Shaffer discloses the lock device according to Claim 19, further comprising a cradle bearing (11 Figure 2) rotationally supporting (Col. 3 Lines 17-37) the forend (4 Figure 2) relative to the lock case (3 Figure 2).
With regards to claim 22, Shaffer discloses the lock device according to Claim 19, wherein the forend (4 Figure 2) is allowed to rotate at least 3 degrees in two directions about the rotation axis (central axis of convex profile 12 when viewed from the perspective of Figure 4) from a neutral position (Col. 3 Lines 1-16).
With regards to claim 23, Shaffer discloses a system (Figure 1) comprising a lock device (Figure 2) according to Claim 13 and an access member (1 Figure 1), wherein the lock case (3 Figure 2) is received in the access member (as shown Figure 1).
With regards to claim 24, Shaffer discloses the system according to Claim 23, wherein the at least one locking element (5 Figure 2) is located inside the access member (Figure 4 shows the locking element 5 located within the surface 2 of access member 1).
Allowable Subject Matter
Claims 14-16 and 18 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: 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. With regards to claims 14, 15 and 18, Shaffer discloses the lock device according to Claim 13, further comprising a locking member restricting the adjustment of the forend. However, the prior art of record fails to teach a locking element that is a locking screw passing through a transverse wall of the lock case and threadingly engaging the lock case and engageable with a waist of the adjustment screw. Furthermore, Shaffer’s locking element is sufficiently distinct from a screw such that one of ordinary skill in the art would find it non-obvious to replicate the functionality of Shaffer’s locking element with a locking screw satisfying the recited claims. Therefore, such an arrangement is not taught by the prior art, nor can the Examiner can find teaching or motivation to suggest such a modification to one of ordinary skill in the art without fundamentally altering the principles of operation of the device or otherwise relying upon the benefit of impermissible hindsight reasoning.
Additional Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-3651673-A: A related lock device and casing.
US-10557286-B2: A related lock device and casing.
US-0166797-A: A related lock device and casing.
US-3204439-A: A related lock device and casing.
US-3142506-A: A related lock device and casing.
US-5722276-A: A related lock device and casing.
US-0664422-A: A related lock device and casing.
US-3036850-A: A related lock device and casing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Noah Horowitz, whose telephone number is (571)272-5532. The examiner can normally be reached Monday - Friday, 11:00AM - 7:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton, can be reached at (571) 272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NOAH HOROWITZ/Examiner, Art Unit 3675
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