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 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.
Claim(s) 1-5, 7, 10-14, 17-20, 23-25 and 27-31 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Number 7,156,298 to McCracken et al.
McCracken et al. disclose a modular safe assembly (10) comprising a plurality of panels, the plurality of panels comprising: a top panel (66); a base panel (76); a first side panel (38), comprising: a plurality of first side panel walls comprising a first side panel side wall and a first side panel front wall (48); and a vertical receiving bar, the vertical receiving bar being spaced inward the first side panel side wall and the first side panel front wall (figure 3), the vertical receiving bar comprising a plurality of slots (46) spaced along a longitudinal length of the vertical receiving bar; a second side panel (36); a door (14), comprising: a plurality of door walls comprising a door front wall and a door side wall; a vertical protruding bar (24), the vertical protruding bar being spaced inward the door front wall and the door side wall, the vertical protruding bar comprising a plurality of protrusions (68) spaced along a longitudinal length of the vertical protruding bar, the plurality of protrusions being configured to insert into the plurality of slots on the vertical receiving bar, the vertical protruding bar being movable between a raised configuration and a lowered configuration; a handle assembly (250) provided in the door front wall and being operably connected to the vertical protruding bar to move the vertical protruding bar between the raised configuration and the lowered configuration; and a lock assembly (34) provided in the door front wall and being operably connected to the vertical protruding bar to lock the vertical protruding bar in the lowered configuration; and a rear panel (28), as in claim 1.
McCracken et al. also disclose the vertically protruding bar is a single integral piece such that the plurality of protrusions move together when the vertical protruding bar moves between the raised configuration and the lowered configuration (figures 4 and 5), as in claim 2, wherein the vertical protruding bar includes a row of threading holes (64) spaced longitudinally along a length of the vertical protruding bar and wherein the handling assembly includes a plurality of teeth (54) that engage the row of threading holes to move the vertical protruding bar between the raised configuration and the lowered configuration, as in claim 3, and the vertical protruding bar includes a bolt recess (42) and the lock assembly includes a bolt (35) that extends into the bolt recess when the vertical protruding bar is in the lowered configuration, as in claim 4, as well as the door includes a door interior wall that is parallel to and spaced inward the door side wall, the vertical protruding bar being fixed to the door interior wall while being movable between the raised configuration and the lowered configuration relative to the door interior wall (shown in figure 1), as in claim 5, and where the vertical protruding bar includes a bottom stake portion and the base panel comprises: a plurality of base panel walls comprising a base panel side wall, a base panel front wall, and a base panel bottom wall; and a staking hole spaced inward the base panel side wall and the base panel front wall and is spaced higher than the base panel bottom wall; and wherein the bottom stake portion is sized and shaped to be received by the staking hole (figures 1-3 show the construction of the safe assembly), as in claim 7.
McCracken et al. further disclose a safe, comprising: a plurality of panels comprising a top panel (66), a base panel (76), a first side panel (38), a second side panel (36), a rear panel (28) and a door (14) that are secured together to form an enclosed interior space; the first side panel comprising a plurality of slots (46); the door comprising a vertical protruding bar (24) that extends vertically along a longitudinal axis of the door, the vertical protruding bar being movable between a raised configuration and a lowered configuration, the vertical protruding bar including a plurality of protrusions (68) spaced along a longitudinal length of the vertical protruding bar, the plurality of protrusions moving together when the vertical protruding bar moves between the raised configuration and the lowered configuration, the plurality of protrusions being configured to move freely into and out of the plurality of slots of the first side panel when the vertical protruding bar is in the raised configuration, the plurality of protrusions configured to be locked within the plurality of slots when the vertical protruding bar is in the lowered configuration (best shown in figures 4 and 5); a handle assembly (250) provided on the door and being operably connected to the vertical protruding bar to move the vertical protruding bar between the raised configuration and the lowered configuration; and a lock assembly (34) provided on the door and being operably connected to lock the vertical protruding bar in the lowered configuration, thereby locking the plurality of protrusions within the plurality of slots and in turn locking the door to the first side panel, as in claim 10.
McCracken et al. additionally disclose the safe is a modular safe and the plurality of panels are removably secured together to form an enclosed interior space (figures 1-3), as in claim 11, wherein the top panel, the base panel, the first side panel, the second side panel and the rear panel are an integral structure (figures 1-3), as in claim 12, and the first side panel has a front wall and the plurality of slots are provided on a vertical receiving bar that is spaced inward the front wall and extends vertically along a longitudinal length of the first side panel (best shown in figure 3), as in claim 13, as well as the vertical receiving bar is integral to the first side panel (figure 3), as in claim 14.
McCracken et al. also disclose the door has a rear wall and the plurality of protrusions extend through indents in the rear wall (figures 4 and 5), as in claim 17, wherein the door has an interior wall that is perpendicular to the rear wall, the vertical protruding bar being fixed to the interior wall while being movable between the raised configuration and the lowered configuration relative to the interior wall (figure 1), as in claim 18, and the vertical protruding bar includes a row of threading holes (64) spaced longitudinally along a length of the vertical protruding bar and wherein the handle assembly includes a plurality of teeth (54) that engage the row of threading holes to move the vertical protruding bar between the raised configuration and the lowered configuration (figures 4 and 5), as in claim 19, as well as the vertical protruding bar includes a bolt recess (42) and the lock assembly includes a bolt (35) that extends into the bolt recess when the vertical protruding bar is in the lowered configuration, thereby locking the vertical protruding bar in the lowered configuration, as in claim 20, with the vertical protruding bar includes a bottom stake portion and the base panel comprises a staking hole that receives the bottom stake portion (figures 1-3), as in claim 24, wherein the base panel includes a base panel side wall, a base panel front wall, and a base panel bottom wall; and the staking hole is spaced inward the base panel side wall and the base panel front wall and is spaced higher than the base panel bottom wall (figures 1-3), as in claim 24.
McCracken et al. further disclose a safe comprising a plurality of panels secured together to form an enclosed interior space, the plurality of panels comprising: a top panel (66); a base panel (76); a first side panel (38), comprising: a plurality of first side panel walls comprising a first side panel side wall and a first side panel front wall (48); and a vertical receiving bar, the vertical receiving bar being spaced inward the first panel side wall and the first panel front wall, the vertical receiving bar comprising a plurality of slots (46) spaced along a longitudinal length of the vertical receiving bar; a second side panel (36); a door (14), comprising: a plurality of door walls comprising a door front wall and a door side wall; a vertical protruding bar (24), the vertical protruding bar being spaced inward the door front wall and the door side wall, the vertical protruding bar comprising a plurality of protrusions (68) spaced along a longitudinal length of the vertical protruding bar, the plurality of protrusions being sized and shaped to extend into the plurality of slots on the vertical receiving bar, the vertical protruding bar being movable between a raised configuration and a lowered configuration; a handle assembly (250) provided in the door front wall and being operably connected to the vertical protruding bar to move the vertical protruding bar between the raised configuration and the lowered configuration; and a lock assembly (34) provided in the door front wall and being operably connected to the vertical protruding bar to lock the vertical protruding bar in the lowered configuration; and a rear panel (28); wherein the safe has an open configuration, a closed configuration and a locked configuration; wherein in the open configuration, the vertical protruding bar is in the raised configuration; wherein in the closed configuration, the plurality of protrusions extend into the plurality of slots and the vertical protruding bar is in the lowered configuration; and wherein in the locked configuration, the plurality of protrusions extend into the plurality of slots, the vertical protruding bar is in the lowered configuration and the locking assembly locks the vertical protruding bar in the lowered configuration (as best shown in figures 4 and 5), as in claim 25.
McCracken et al. additionally disclose the vertical protruding bar includes a bottom stake portion and the base panel comprises: a plurality of base panel walls comprising a base panel side wall, a base panel front wall, and a base panel bottom wall; and a staking hole spaced inward the base panel side wall and the base panel front wall and is spaced higher than the base panel bottom wall; and wherein in the open configuration, the bottom stake portion is not received by the staking hole and in the closed configuration and in the locked configuration, the bottom stake portion is received by the staking hole (figures 1-3), as in claim 27, and the door comprises a plurality of hooks (door portion of 20 and 22) spaced inward the front door wall and the second side panel comprises: a plurality of second side panel walls comprising a second side panel side wall and a second side panel front wall; and a vertical hook bar (pintles of 20 and 22), the vertical hook bar being spaced inward the second side panel side wall and the second side panel front wall; wherein in the open configuration the plurality of hooks are not engaged by the vertical hook bar and in the closed configuration and in the locked configuration, the plurality of hooks are engaged by the vertical hook bar (figure 1), as in claim 28.
McCracken et al. also disclose the safe is a modular safe and the plurality of panels are removably secured together to form an enclosed interior space (figures 1-3), as in claim 29, and the top panel, the base panel, the first side panel, the second side panel and the rear panel are an integral structure (figures 1-3), as in claim 30, as well as the vertically protruding bar is a single integral piece and the plurality of protrusions move together when the vertical protruding bar moves between the raised configuration and the lowered configuration (figures 4 and 5), as in claim 31.
Claim Rejections - 35 USC § 103
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 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) 6, 15, 16 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCracken et al., as applied above, in view of U.S. Patent Number 5,209,168 to Chapron et al.
McCracken et al. disclose the invention substantially as claimed. However, McCracken et al. do not disclose the plurality of protrusions are configured as downward-facing hooks that extend outward from the vertical protruding bar. Chapron et al. teach of a safe assembly (1) comprising a plurality of panels, the plurality of panels comprising: a top panel; a base panel; a first side panel, comprising: a plurality of first side panel walls comprising a first side panel side wall and a first side panel front wall (assembly shown in figures 1 and 2); and a vertical receiving bar (15), the vertical receiving bar being spaced inward the first side panel side wall and the first side panel front wall (figure 2), the vertical receiving bar comprising a plurality of slots (16) spaced along a longitudinal length of the vertical receiving bar; a second side panel (figure 1); a door (2), comprising: a plurality of door walls comprising a door front wall and a door side wall; a vertical protruding bar (8), the vertical protruding bar being spaced inward the door front wall and the door side wall, the vertical protruding bar comprising a plurality of protrusions (9) spaced along a longitudinal length of the vertical protruding bar, the plurality of protrusions being configured to insert into the plurality of slots on the vertical receiving bar, the vertical protruding bar being movable between a raised configuration and a lowered configuration; a handle assembly (actuatable via 6) provided in the door front wall and being operably connected to the vertical protruding bar to move the vertical protruding bar between the raised configuration and the lowered configuration; and a lock assembly (5) provided in the door front wall and being operably connected to the vertical protruding bar to lock the vertical protruding bar in the lowered configuration; and a rear panel (figures 1 and 2), where the plurality of protrusions are configured as downward-facing hooks that extend outward from the vertical protruding bar (figure 2).
All of the component parts are known in McCracken et al. and Chapron et al. The only difference is the combination of the “old elements” into a single device by mounting them on a single chassis. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate downward-facing hook as taught by Chapron et al. onto the plurality of protrusions in McCracken et al., since shape of the protrusions is in no way dependent on the overall assembly of the modular safe, and the downward-facing hooks could be used in combination with modular safe assembly to achieve the predictable results of the vertical protruding bar interlocking with the vertical receiving bar.
McCracken et al. disclose the bottom point moves freely into and out of the plurality of slots of the first side panel when the vertical protruding bar is in the raised configuration, and wherein the bottom point cannot move out of the plurality of slots when the vertical protruding bar is in the lowered configuration (figures 4 and 5), as in claims 16 and 16.
Claim(s) 8, 9, 21, 22 and 32-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCracken et al., as applied above, in view of U.S. Patent Number 5,209,168 to Chapron et al.
McCracken et al. disclose the invention substantially as claimed. However, McCracken et al. do not disclose the material the modular safe assembly is manufactured. Chapron et al. teach of a safe assembly (1) comprising a plurality of panels, the plurality of panels comprising: a top panel; a base panel; a first side panel, comprising: a plurality of first side panel walls comprising a first side panel side wall and a first side panel front wall (assembly shown in figures 1 and 2); and a vertical receiving bar (15), the vertical receiving bar being spaced inward the first side panel side wall and the first side panel front wall (figure 2), the vertical receiving bar comprising a plurality of slots (16) spaced along a longitudinal length of the vertical receiving bar; a second side panel (figure 1); a door (2), comprising: a plurality of door walls comprising a door front wall and a door side wall; a vertical protruding bar (8), the vertical protruding bar being spaced inward the door front wall and the door side wall, the vertical protruding bar comprising a plurality of protrusions (9) spaced along a longitudinal length of the vertical protruding bar, the plurality of protrusions being configured to insert into the plurality of slots on the vertical receiving bar, the vertical protruding bar being movable between a raised configuration and a lowered configuration; a handle assembly (actuatable via 6) provided in the door front wall and being operably connected to the vertical protruding bar to move the vertical protruding bar between the raised configuration and the lowered configuration; and a lock assembly (5) provided in the door front wall and being operably connected to the vertical protruding bar to lock the vertical protruding bar in the lowered configuration; and a rear panel (figures 1 and 2), wherein the safe assembly comprises a plurality of walls formed of a single metallic material (column 1, lines 61-62).
All of the component parts are known in McCracken et al. and Chapron et al. The only difference is the combination of the “old elements” into a single device by mounting them on a single chassis. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize metal as taught by Chapron et al. onto the safe assembly of McCracken et al., since the material the safe is constructed is in no way dependent on the manner the safe is assembled, and the safe could be used in combination with metallic material to achieve the predictable results of a higher resistance to unauthorized access thereto.
The selection of a known material based upon its suitability for the intended use is a design consideration within the level of skill of one skilled in the art. In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960).
McCracken et al. discloses the plurality of walls are devoid of an insulation layer (no insulation is recited), as in claims 9, 22 and 33.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to further show the state of the art with respect to modular safe assemblies:
U.S. Patent Number 12,326,034 to Suggs et al.; U.S. Patent Number 10,316,573 to Green et al.; U.S. Patent Number 7,003,991 to Alizade; U.S. Patent Number 6,871,602 to McCracken et al.; U.S. Patent Number 6,786,009 to McGunn et al.; U.S. Patent Application Publication Number 2004/0177794 to DuBois et al.
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/CHRISTOPHER J BOSWELL/ Primary Examiner, Art Unit 3675
CJB /cb/
January 29, 2026