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 .
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 following feature must be shown and properly identified with a reference number, or the feature(s) canceled from the claim(s).
the second structure being a shipping container (claim 10)
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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
the second structure being a shipping container (claim 10)
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 1-19 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 claim 1 (line 12), the limitation “the second attachment structure” lacks proper antecedent in the claim, thereby rendering the claim indefinite. Did the applicant intend this limitation to be “the second
In claim 3 (line 12), the limitation “the first barge section” lacks proper antecedent in the claim, thereby rendering the claim indefinite. Did the applicant intend this limitation to be “the second
In claim 8 (line 4), the limitation “an opening” renders the claim indefinite. It is not sufficiently clear if it same or different from the opening set forth in the preceding claim 1.
In claim 13 (line 2), the limitation “a second attachment structure” renders the claim indefinite. It is not sufficiently clear if it same or different from the second attachment structure set forth in the preceding claim 1.
In claim 16 (line 8), the limitation “the first attachment structure” lacks proper antecedent in the claim, thereby rendering the claim indefinite.
In claim 16 (line 13), the limitation “the second attachment structure” lacks proper antecedent in the claim, thereby rendering the claim indefinite.
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.
Claims 1-3, 6, 8-9, 11-20, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Robishaw et al. (US 4,809,636 A).
Robishaw et al. discloses a locking system (see Figures 5-8), comprising: a first locking mechanism including a base [45, 46] and an attachment structure [47, 48] movable relative to the base, the base of the first locking mechanism configured to be removably attached to a first structure [10, 18]; a second locking mechanism [18’] including an opening configured to receive the attachment structure of the first locking mechanism, the second locking mechanism configured to be attached to the first attachment structure upon movement of the attachment structure of the first locking mechanism relative to the base of the first locking mechanism, the second locking mechanism configured to be attached to a second structure [200]; a handle [49] operable to move the attachment structure movable relative to the base to attach the first attachment structure to the second structure.
Re claim 2, the handle is a locking bar configured to be moved generally in a plane to cause the first locking mechanism to engage the second locking mechanism.
Re claim 3, the first locking mechanism is a one of a plurality of first locking mechanisms on a first barge section.
Re claim 6, the handle is configured to rotate the attachment structure of the first locking mechanism relative to the base of the first locking mechanism to attach the first locking mechanism to the second locking mechanism.
Re claim 8, the attachment structure of the first locking mechanism is a protrusion configured to be positioned in a locked state and an unlocked state, in the unlocked state, the protrusion is configured to pass through an opening in the second locking mechanism and in the locked state the protrusion is configured to engage a rear surface of the second locking mechanism.
Re claim 9, the locked position of the protrusion in the locked state is 90 degrees offset from the unlocked position of the protrusion in the unlocked state.
Re claim 11, the first structure is a floatable barge section.
Re claim 12, the attachment structure is tapered to facilitate attachment of the first attachment structure to the second structure.
Re claim 13, the attachment structure is a first attachment structure [47] and the first locking mechanism includes a second attachment structure [48].
Re claim 14, the second attachment structure is configured to couple the first locking mechanism to the first structure and the first attachment structure is configured to couple the first locking mechanism to the second structure.
Re claim 15, the handle is configured to be moved to cause the second attachment structure to couple the first locking mechanism to the first structure and further moved to cause the first attachment structure to couple to the first locking mechanism to the second structure.
Re claim 16, the first locking mechanism including a base [45, 46] and a protrusion [48]. See explanation for claim 1.
Re claim 17, the protrusion is a first protrusion and the first locking mechanism includes a second protrusion [47], the second protrusion configured to couple the first locking mechanism to the first structure [10] and the first protrusion is configured to couple the first locking mechanism to the second structure [200].
Re claim 18, the locking bar is configured to be moved to cause the second protrusion to enable insertion into the first structure for coupling the first locking mechanism to the first structure, and then further moved to cause the first protrusion to couple to the first locking mechanism to the second structure.
Re claim 19, the locked position of the protrusion in the locked state is 90 degrees offset from the unlocked position of the protrusion in the unlocked state.
Re claim 20, the steps set forth in the method claim are encompassed in the construction and subsequent use of the device described above.
Claims 1-20, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Strecker (US 3,894,493 A).
Strecker discloses a locking system (see Figures 1, 3 and 6), comprising: a first locking mechanism [10] including a base [16] and an attachment structure [26] movable relative to the base, the base of the first locking mechanism configured to be removably attached to a first structure [12]; a second locking mechanism [20] attached to a second structure [14] and including an opening configured to receive the attachment structure of the first locking mechanism, the second locking mechanism configured to be attached to the first attachment structure upon movement of the attachment structure of the first locking mechanism relative to the base of the first locking mechanism; a handle [32, 68] operable to move the attachment structure movable relative to the base to attach the first attachment structure to the second structure.
Re claim 2, the handle is a locking bar configured to be moved generally in a plane to cause the first locking mechanism to engage the second locking mechanism.
Re claim 3, the first locking mechanism is a one of a plurality of first locking mechanisms on a deck of vessel, which is broadly considered to be a marine barge (col. 2, lines 54-55).
Re claim 4, the locking bar is configured to simultaneously engage each of the plurality of first locking mechanisms to cause the attachment structure of each of the first plurality of locking mechanisms to move relative to a respective base of each of the first plurality of locking mechanisms (see Fig 8).
Re claim 5, the first structure and the second structure can be disposed in a horizontally adjacent stacked relation with respect to each other (see abstract, lines 1-3), which implies that the plurality of first locking mechanisms are disposed on the vertical faces of the adjacent structures, and therefore, in a vertical direction relative to each other.
Re claim 6, the handle is configured to rotate the attachment structure of the first locking mechanism relative to the base of the first locking mechanism to attach the first locking mechanism to the second locking mechanism.
Re claim 7, the opening in the second locking mechanism includes a chamfered edge to facilitate entry and attachment of the first attachment structure to the second structure (see Fig .
Re claim 8, the attachment structure of the first locking mechanism is a protrusion configured to be positioned in a locked state and an unlocked state, in the unlocked state, the protrusion is configured to pass through an opening in the second locking mechanism and in the locked state the protrusion is configured to engage a rear surface of the second locking mechanism.
Re claim 9, the locked position of the protrusion in the locked state is 90 degrees offset from the unlocked position of the protrusion in the unlocked state.
Re claim 10, the second structure is a shipping container.
Re claim 11, the first structure is a deck of vessel, which is broadly considered to be a marine barge (col. 2, lines 54-55).
Re claim 12, the attachment structure is tapered to facilitate attachment of the first attachment structure to the second structure.
Re claim 13, the attachment structure is a first attachment structure [33] and the first locking mechanism includes a second attachment structure [26].
Re claim 14, the second attachment structure is configured to couple the first locking mechanism to the first structure and the first attachment structure is configured to couple the first locking mechanism to the second structure.
Re claim 15, the handle is configured to be moved to cause the second attachment structure to couple the first locking mechanism to the first structure and further moved to cause the first attachment structure to couple to the first locking mechanism to the second structure.
Re claim 16, the first locking mechanism including a base and a protrusion [26]. See explanation for claim 1.
Re claim 17, the protrusion is a first protrusion and the first locking mechanism includes a second protrusion [33], the second protrusion configured to couple the first locking mechanism to the first structure [12] and the first protrusion is configured to couple the first locking mechanism to the second structure [14].
Re claim 18, the locking bar [32, 68] is configured to be moved to cause the second protrusion to enable insertion into the first structure for coupling the first locking mechanism to the first structure, and then further moved to cause the first protrusion to couple to the first locking mechanism to the second structure (see Fig 8).
Re claim 19, the locked position of the protrusion in the locked state is 90 degrees offset from the unlocked position of the protrusion in the unlocked state.
Re claim 20, the steps set forth in the method claim are encompassed in the construction and subsequent use of the device described above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yurgevich (US 4844672), DiMartino (US 4212251) and Looks (US 4196673) each shows a locking mechanism removably attached to a first structure
Durenec (US 4049149) shows a locking mechanism having an opening with a chamfered edge
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/AJAY VASUDEVA/Primary Examiner, Art Unit 3615
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