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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in People’s Republic of China on 03/13/2023. It is noted, however, that applicant has not filed a certified copy of the CN202420487838.7 application as required by 37 CFR 1.55. Applicant’s request for retrieval was unsuccessful.
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 latch bolt barrier plate rotating and fixing device , limiting switch with self-locking switch, the arc shaped openings in the second arc shaped barrier plate and the arc shaped opening in the first arc shaped barrier plate must be shown or the feature(s) canceled from the claim(s). 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.
Claim Objections
Claims 1-5,9,10-11 are objected to because of the following informalities:
Claim 1 and 2 state “the shape” referring to the latch bolt, because it is the first recitation of this element, it should state “a shape”. Claims 2 recites the limitation "the front" in lines 2-3, because this is the first recitation of this term, it should state “a front”. Claims 3,4,9,10 recites the limitation "the other end" in line 4, instead it should state “another end”. Claims 3,9 recites the limitation "the bottom" in lines 5-6, instead it should state “a bottom”. Claims 3,4,9,10 recites the limitation "the shape" in line 7, instead it should state “a shape”. Claim 11 recites the limitation "the rotation" in line 3, instead it should state “a rotation”. Claim 5 repeats “a plurality of through holes” and instead it should be “the plurality of through holes”.
Appropriate correction is required.
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 4-5 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.
Regarding claim 4, Applicant discloses “the swing arm does not provide downward pressure for the limiting bar either,” however, there is no prior disclosure of the swing arm providing or not providing pressure on other components. It is unclear why the Applicant ended the limitation with “either” and if there is a limitation/detail missing from the claims or not.
Regarding claim 5, Applicant recites that the latch barrier plate includes a shorter first arc shaped barrier plate (14) and a longer second arc shaped barrier plate (15). Then applicant refers to a plurality of through holes (6) and arc-shaped openings, both of the second arc shaped barrier plate. It is unclear what these arc-shaped openings are. For the purposes of examination they are considered to be the screw holes (not labeled) in fig1 of plate 15. Then Applicant further states the arc shaped opening of the first arc shaped barrier plate faces the another opposite side of the latch bolt barrier plate. Firstly, what is the “another opposite side”? The two plates comprise the barrier plate, so it is unclear how the first plate of the barrier plate can face a side of itself? Secondly, the figures do not show any opening in the first plate, so what is the arc shaped opening of the first arc shaped barrier plate? For the purposes of examination, the limitations are omitted, as they are not shown and therefore are not supported by the drawings and Examiner cannot reasonably understand what arc shaped opening is being referred to.
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 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Budde DE 102009060448 A1 (Hereinafter referred to as Budde).
Claim 1. Budde discloses a mechanism capable of fixing a door (12; NOTE: The definition of door according to Oxford Languages Online is, “a hinged, sliding, or revolving barrier at the entrance to a building, room, or vehicle, or in the framework of a cupboard.” In Budde, the window (12) is considered a hinged barrier at an entrance of a room.) at multiple angles (see fig1), comprising a latch bolt barrier plate (17,15) and a latch bolt barrier plate rotating and fixing device (23,25,26), wherein the latch bolt barrier plate is provided with a plurality of through holes (not explicitly labeled, see grooves, i.e. through holes, fig1) matching a shape of a latch bolt (18); and
the latch bolt barrier plate rotating and fixing device is provided on a wall (wall of 11) away from a door hinge (not explicitly labeled, because this is not part of the mechanism of the claimed invention, the recitation of the door hinge is considered intended use which is still inherently taught by Budde since Budde teaches rotating/tilting door (12) which inherently requires a hinge to perform such movement), and when the latch bolt barrier plate is rotated to a preset angle, the latch bolt barrier plate rotating and fixing device fixes the latch bolt barrier plate.
Claim 8. Budde discloses a door lock, comprising the mechanism capable of fixing a door at multiple angles according to claim 1, and a matching latch bolt (18).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Budde DE 102009060448 A1 (Hereinafter referred to as Budde).
Claim 1. Hurt discloses a mechanism capable of fixing a door (20) at multiple angles (see fig1), comprising a latch bolt barrier plate (62,68) and a latch bolt barrier plate rotating and fixing device (58,60,64,66,70,72), wherein the latch bolt barrier plate is provided with a plurality of through holes (74,88,90) matching a shape of a latch bolt (80,81,83); and
the latch bolt barrier plate rotating and fixing device is provided on a wall (on wall of 10, fig5) away from a door hinge (25), and when the latch bolt barrier plate is rotated to a preset angle, the latch bolt barrier plate rotating and fixing device fixes the latch bolt barrier plate. (fig1-5)
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) 2, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horlick US 1596183 (Hereinafter referred to as Horlick) and further in view of Budde DE 102009060448 A1 (Hereinafter referred to as Budde).
Claim 2. Horlick teaches a mechanism capable of fixing a door (1) at multiple angles, comprising a latch bolt fixing plate(4), a latch bolt barrier plate (5), and a latch bolt barrier plate rotating and fixing device (hinge, essentially 6), wherein the front of the latch bolt fixing plate is provided with a hollow slot (13) for receiving a latch bolt (10,11,12), and the latch bolt barrier plate rotating and fixing device is provided on a side (fig1) of the latch bolt fixing plate;
the latch bolt barrier plate rotating and fixing device is provided on a wall away from a door hinge(not explicitly shown, it is evident it’s on the right side of the door, see fig3), and when the latch bolt barrier plate is rotated to a preset angle (fig3), the latch bolt barrier plate rotating and fixing device fixes the latch bolt barrier plate. (Horlick fig1-3)
Horlick does not teach the latch bolt barrier plate is provided with a plurality of through holes matching a shape of the latch bolt.
Budde teaches the concept of a mechanism (fig1) that is capable of fixing the door at multiple angles to have a latch barrier plate (17,15) is provided with a plurality of through holes (multiple vertical holes in 17, see fig1) matching a shape of the latch bolt (18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Horlick with the modification of the plurality of through holes in the latch barrier plate, a concept taught by Budde, in order to have a simple and cost-effective manner in which the angle of the door can be set by the user. (Budde, abstract).
Claim 13. The combination of Horlick and Budde further teaches the door lock, comprising the mechanism capable of fixing a door at multiple angles according to claim 2, and a matching latch bolt (Horlick 10,11,12).
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hurt US 4374599 (hereinafter referred to as Hurt) as applied to claim 1 above, alone.
Claim 5. Hurt teaches the mechanism capable of fixing a door at multiple angles according to claim 1, wherein the latch bolt barrier plate comprises a shorter first arc-shaped barrier plate (68) and a longer second arc-shaped barrier plate (62), the second arc-shaped barrier plate is provided with the plurality of through holes (74,88,90), and a plurality of openings (receives pair 50, fig3) of the second arc-shaped barrier plate and the rotation of the door, are on the same side (they are relative to the same side of the latch bolt barrier plate, see fig1-5) of the latch bolt barrier plate.
Hurt does not teach the shape of the openings to be arc-shaped, however, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the openings of Hurt to be arc-shaped since it has been held that a change in shape, which does not alter the function of the element, is considered a design consideration of routine skill in the art. MPEP 2144.
Claim 6. Hurt teaches the mechanism capable of fixing a door at multiple angles according to claim 5, but does not teach the measurement of the radius of the arc. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Hurt with the modified arc of the second arc-shaped barrier plate to have a corresponding radius less than or equal to a width of the door, since this is a measurement of size which is a design consideration of routine skill in the art. MPEP 2144.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Budde DE 102009060448 A1 (Hereinafter referred to as Budde) as applied to claim 1 above, and further in view of KR 200476914 Y1 (Hereinafter referred to as KR)
Claim 7. Budde teaches the mechanism capable of fixing a door at multiple angles according to claim 1, but does not teach wherein the latch bolt barrier plate is made of an elastic material.
KR teaches a mechanism capable of fixing a door at multiple angles (fig.1-2), wherein the latch bolt barrier plate (221) is made of an elastic material (fig2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material of the latch barrier plate of Budde to be elastic, as taught by KR, in order for it to be capable of adjusting its position (KR, fig1) since the selection of known material for its intended purpose is a design consideration that is of routine skill in the art. MPEP 2144.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horlick US 1596183 (Hereinafter referred to as Horlick) and Budde DE 102009060448 A1 (Hereinafter referred to as Budde) as applied to claim 1 and further in view of KR 200476914 Y1 (Hereinafter referred to as KR)
Claim 12. The combination of Horlick and Budde teaches the mechanism capable of fixing a door at multiple angles according to claim 2, but does not teach wherein the latch bolt barrier plate is made of an elastic material.
KR teaches a mechanism capable of fixing a door at multiple angles (fig.1-2), wherein the latch bolt barrier plate (221) is made of an elastic material (fig2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material of the latch barrier plate of the combined device of Horlick in view of Budde to be elastic, as taught by KR, in order for it to be capable of adjusting its position (KR, fig1) since the selection of known material for its intended purpose is a design consideration that is of routine skill in the art. MPEP 2144
Allowable Subject Matter
Claims 3-4, 9-11 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.
Regarding claim 3 and 4, references of record do not teach the limiting switch and swing arm as recited.
Regarding claims 9,10, references of record do not teach all of claim 2 as well as the limiting switch of claim 9.
Regarding claim 11, Although references such as Hurt teach two arc shaped barrier plates that comprise the latch barrier plate, it would not have been obvious to combine this teach with that of the combination used in the rejection of claim 2 (Horlick in view of Budde), without the use of impermissible hindsight.
Examiner can find no reason to combine or modify references of record without the use of impermissible hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Art is related to mechanisms capable of fixing the door.
PTO 892 lists related but not relied upon prior art such as: US 827624, US 20250092724, US 11542734.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARIA F. AHMAD whose telephone number is (571)270-1334. The examiner can normally be reached Monday - Friday 8:30 am - 5:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine M. Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.F.A./
Examiner
Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675