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 .
Information Disclosure Statement
Applicant should note that the large number of references in the attached IDS(s) have been considered by the examiner in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search. See MPEP 609.05(b). It is respectfully requested that applicant point out any particular reference(s) in the IDS that they believe may be of particular relevance to the instant claimed invention in response to this Office Action. It is desirable to avoid the submission of long lists of documents if it can be avoided. If a long list is submitted, highlight those documents which have been specifically brought to applicant’s attention and/or are known to be of most significance. See Penn Yan Boats, Inc. v. Sea Lark Boats, Inc., 359 F. Supp. 948, 175 USPQ 260 (S.D. Fla. 1972), aff ’d, 479 F.2d 1338, 178 USPQ 577 (5th Cir. 1973), cert. denied, 414 U.S. 874 (1974). But cf. Molins PLC v. Textron Inc., 48 F.3d 1172, 33 USPQ2d 1823 (Fed. Cir. 1995).
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.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Henderson (US 8,944,476) which in figures 1B and 3A below disclose the following claimed invention:
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In re claim 13: A locking case, comprising: a base 103 and a lid 102 having a clamshell coupling, wherein, at least one of the base 103 and the lid 102 comprises: an inner wall IW and an outer wall OW; a channel (channel with gasket 300) formed between the inner wall and the outer wall at an interface between the base 103 and the lid 102; a seal 300 arranged within the respective channel; and one or more pass-through channels PTC extending through at least one of a portion of the inner wall or a portion of the outer wall; and at least one latch 100 configured to be rotatable between an open position and a closed position, wherein rotation of the at least one latch 10 to the closed position exerts a compressive force on the seal 300 (see figures 3A and 3B below of Henderson).
In re claim 14: each of the at least one latch 100 comprises: a first end pivotably coupled to the lid 102; a second end configured to removably engage with the base 103, wherein the second end of a respective latch 100 comprises an end-protrusion 216 configured for removably engaging with a first protruding edge 301 of the base 103, and wherein the rotation of the at least one latch 100 between the open position and the closed position is based at least in part on an engagement or disengagement of the second end of the respective latch 100 with the base 103; and at least one protrusion arranged between the first end and the second end of the respective latch 100 (see figures 3A and 3B below of Henderson).
Allowable Subject Matter
Claims 1-12 appear to define over the available prior art and therefore allowed.
Claims 15-19 are 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.
Response to Arguments
Applicant's arguments filed 04/29/20269 have been fully considered but they are not persuasive. In regards to the Applicant’s arguments regarding claim 13. The prior art in the Examiner’s opinion the prior art discloses the amended claim language (see annotated figures above) the outer wall includes with a channel hole that is though the wall itself.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERNESTO A GRANO whose telephone number is (571)270-3927. The examiner can normally be reached M-F 7:00-3:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERNESTO A GRANO/ Primary Examiner, Art Unit 3735
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