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 .
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on 8/17/2026 is acknowledged.
Claims 10, 15, and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/17/2026.
Claim Objections
Claim 1 and 8 is objected to because of the following informalities:
In claim 1 “a first actuating element” should be just “an actuating element” to be consistent with the dependent claims.
In claim 8 “the first latching opening and to the first actuating element” should be just “the latching opening and to the actuating element”.
Appropriate correction 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) 1-7 and 11-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matthias et al. DE 102006050816 A1 (hereinafter Matthias).
In regards to claim 1, Matthias teaches a safety mechanism for locking and releasing a first unit (11) with a second unit (12), the safety mechanism comprising: a latching hook (20) having a latching lug (24), a latching opening (opening of 17) and a first actuating element (19), wherein the latching hook in a rest position engages in the latching opening in such a way that the latching hook projects through the latching opening and the latching lug engages at least partially behind an edge (25) of the latching opening (see fig 3), the latching hook engages in a pre-release position at least partially in the latching opening in such a way that at least part of the latching hook projects through the latching opening and the latching lug is released from the edge of the latching opening (see fig 2), the latching hook in a release position (see fig 3) is arranged outside of the latching opening (at least when disconnected from 12), wherein the actuating element is configured in such a way that actuation of the actuating element moves the latching hook and/or the latching opening from the pre- release position into the release position (see fig 3).
In regards to claim 2, Matthias teaches the safety mechanism of claim 1, wherein the latching hook and the latching opening are configured in such a way that, in the rest position, the latching hook is locked with the latching opening in a first direction (to the left wrt fig 1) and in a second direction (up wrt fig 1), which is perpendicular to the first direction, and the latching hook is movable in a direction (to the right wrt fig 1; see fig 2) for bringing it into the pre-release position (see fig 2).
In regards to claim 3, Matthias teaches the safety mechanism of claim 21wherein the latching hook, in the pre-release position, engages in the latching opening in such a way that the latching hook is locked with the latching opening in the first direction and is released in the second direction (see fig 2).
In regards to claim 4, Matthias teaches the safety mechanism of claim 1, wherein actuation of the actuating element is blocked by the latching lug in the rest position (see fig 4).
In regards to claim 5, Matthias teaches the safety mechanism of claim 1, wherein the actuating element is configured as a pressure element in such a way that a pressure force exerted on the actuating element moves the latching hook and/or the latching opening in such a way that the latching hook is brought from the pre-release position into the release position (see fig 3).
In regards to claim 6, Matthias teaches the safety mechanism of claim 1, wherein the actuating element is formed integrally with the latching hook (in this case; see fig 1) or integrally with the latching opening.
In regards to claim 7, Matthias teaches the safety mechanism of claim 1, comprising an elastic element (27) which is configured and arranged in such a way that it urges the latching hook (relative to 12) from the pre-release position into the rest position (see fig 2).
In regards to claim 11, Matthias teaches a safety system comprising a first unit (11) and a second unit (12), wherein the first unit is releasably connectable to the second unit via a safety mechanism of claim 1, wherein the latching hook is fixedly connected to the first unit and the latching opening is fixedly connected to the second unit (see fig 1).
In regards to claim 12, Matthias teaches safety system of claim 11, wherein the first unit and the second unit are locked together in the rest position and in the pre-release position via the safety mechanism and are released from each other in the release position (see fig 3).
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.
Claim(s) 1, 8-9, 11, 13-14, and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bolyard et al. US 20120130153 A1 (hereinafter Bolyard) in view of Matthias.
In regards to claim 1, Bolyard teaches a safety mechanism (128a, 128b, and catches of 128c) for locking and releasing a first unit (left unit wrt fig 4F) with a second unit (right unit wrt fig 4F), the safety mechanism comprising: a latching hook (18b) having a latching opening (slots of para 57) and a first actuating element (128a), wherein the latching hook in a rest position engages in the latching opening in such a way that the latching hook projects through the latching opening (see para 57) and, the latching hook in a release position is arranged outside of the latching opening (see fig 4F), wherein the actuating element is configured in such a way that actuation of the actuating element moves the latching hook and/or the latching opening from a latched position into the release position (para 57).
However Bolyard does not teach a latching lug, the latching lug engages at least partially behind an edge of the latching opening, the latching hook engages in a pre-release position at least partially in the latching opening in such a way that at least part of the latching hook projects through the latching opening and the latching lug is released from the edge of the latching opening and wherein the actuating element is configured in such a way that actuation of the actuating element moves the latching hook and/or the latching opening from the pre- release position into the release position.
Matthias teaches a similar device with a hook (20) with a latching lug (24), the latching lug engages at least partially behind an edge of a latching opening (opening of 17), the latching hook engages in a pre-release position (see fig 2) at least partially in the latching opening in such a way that at least part of the latching hook projects through the latching opening and the latching lug is released from the edge of the latching opening (see fig 2) and wherein the actuating element is configured in such a way that actuation of the actuating element moves the latching hook and/or the latching opening from the pre- release position into the release position (see fig 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have a latching lug, the latching lug engages at least partially behind an edge of the latching opening, the latching hook engages in a pre-release position at least partially in the latching opening in such a way that at least part of the latching hook projects through the latching opening and the latching lug is released from the edge of the latching opening and wherein the actuating element is configured in such a way that actuation of the actuating element moves the latching hook and/or the latching opening from the pre- release position into the release position in Bolyard in order to prevent accidental operation of the safety mechanism (see Matthias para 19).
In regards to claim 8, Bolyard in view of Matthias teaches the safety mechanism of claim 1, comprising a second latching hook (Bolyard: other 128b), a second latching opening (Bolyard: other slot) and a second actuating element (Bolyard: other 128a, see fig 4F and para 166), which are arranged mirror-symmetrically to the first latching hook, to the first latching opening and to the first actuating element (Bolyard: see fig 4F).
In regards to claim 9, Bolyard in view of Matthias teaches the safety mechanism of claim 8, wherein the actuating elements are arranged oppositely such that simultaneous pressing the actuating elements together causes the latching hooks to be in the release position (Bolyard see fig 4F and para 166).
In regards to claim 11, Bolyard in view of Matthias teaches a safety system comprising a first unit (Bolyard: left unit wrt fig 4F) and a second unit (Bolyard: right unit WRT fig 4F), wherein the first unit is releasably connectable to the second unit via a safety mechanism of claim 1, wherein the latching hook is fixedly connected to the first unit and the latching opening is fixedly connected to the second unit (Bolyard: see fig 4F).
In regards to claim 13, Bolyard in view of Matthias teaches a VAD system (Bolyard: see para 140) comprising a safety system of claim 11, wherein one of the first unit and the second unit is a control unit and the other of the second unit and the first unit is an accumulator unit (Bolyard: rechargeable battery; see para 83 and note para 133).
In regards to claim 14, Bolyard in view of Matthias teaches a method for releasing a first unit from a second unit of a safety system of claim 11, said method comprising the steps of: I. moving the first unit in the direction of the second unit (Note Bolyard fig 4F and Mattias fig 2), II. actuating the actuating element (Mattias fig 3), III. releasing the first unit from the second unit (see Bolyard para 133), wherein step II follows step I and step Ill follows step II to release the first unit from the second unit (see Mattias figs 1-3).
In regards to claim 16, Bolyard in view of Matthias teaches the safety mechanism of claim 1, wherein one of the first unit and the second unit is an accumulator unit of a VAD system (rechargeable battery; Bolyard: see para 83 and note para 133) and the other of the second unit and the first unit is a control unit of a VAD system (Bolyard: see para 166 and 140).
In regards to claim 17, Bolyard in view of Matthias teaches a method for releasing a first unit from a second unit of a VAD system of claim 13, said method comprising the steps of:
1. moving the first unit in the direction of the second unit (Note Bolyard fig 4F and Mattias fig 2), II. actuating the actuating element Mattias fig 3), Ill. releasing the first unit from the second unit (see Bolyard para 133), wherein step II follows step I and step Ill follows step II to release the first unit from the second unit (see Mattias figs 1-3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kessoku US 5220520 A – teaches a lug used on a battery.
Kozlowsi US 20170275928 A1 – teaches a similar lug.
Hamada US 20200412918 A1 – teaches a similar device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER H WATSON whose telephone number is (571)272-5393. The examiner can normally be reached M-F 9 - 5.
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/PETER H WATSON/Examiner, Art Unit 3675
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