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 as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 18A, 20. 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. 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 disclosure is objected to because reference characters "20A" and "20" have all been used to designate upper latch tongue.
The disclosure is objected to because reference characters "18A" and "28A" have all been used to designate guide channel.
The disclosure is objected to because of the following informalities: lines 16 and 18 of page 11 refer to 22A when the lateral catch button 24B is disclosed as being associated with lateral latch hole 22B.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: “an” of line 6 should be corrected to a. Appropriate correction is required.
Claim 12 is objected to because of the following informalities: “length said” should be corrected to “length of said”. Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornell (US 5169259) further in view of Shiffler (US 7770853).
Claim 1: Cornell discloses a sleeve (lid) capable of use with some container, said sleeve (lid) comprising half sleeve elements 30 and 31 (two separate lid components) void of any permanent attachment therebetween but selectively attachable together to cooperatively form said sleeve (lid), and each sized to cover a respective fraction of an opening of some container, and movable relative to one another between a closed state in which said half sleeve elements 30 and 31 (separate lid components) are mated together to collectively define an combined lid structure sized to cover an entirety of said opening of that container, and an open state in which said half sleeve elements 30 and 31 (separate lid components) are drawn apart from one another to at least partially reveal said opening of that container for access to contents of said container, each half sleeve element 30 and 31 (lid component) comprising a top 36 (top wall) that resides oppositely of an open bottom of the half sleeve element 30 and 31 (lid component) and from which a plurality of perimeter walls depend downwardly from a perimeter of said top 36 (top wall), said perimeter walls including two opposing side walls and a connecting wall spanning therebetween, said perimeter walls collectively spanning an entirety of said perimeter of the top 36 (top wall), except at a singular unwalled perimeter edge thereof that resides oppositely of the connecting wall and spans fully across the half sleeve element 30 and 31 (lid component) at an inner end thereof, where said unwalled perimeter edge interconnects said two opposing side walls at terminals ends thereof furthest from the connecting wall; a plurality of arrangements configured to releasably attach said half sleeve elements 30 and 31 (separate lid components) together in the closed state, said plurality of arrangements including: an upper arrangement comprising: an alignment hole 42 defined in a first one of the tops 36 (top walls); and a locator pin 40 affixed to a second one of the tops 36 (top walls) and reaching outward from the unwalled perimeter edge thereof therefrom in a protruding direction from the inner end of the half sleeve element 31 (lid component) at which said half sleeve elements 30 and 31 (separate lid components) mate together in the closed state; and a lateral arrangement comprising: an alignment hole 42 defined in a first one of the side walls on a half sleeve element 30 (first one of the separate lid components); and a locator pin 40 (lateral latch tongue) affixed to a matching first one of the side walls on a half sleeve element 31 (second one of the separate lid components) and reaching outward from the terminal end of said matching first one of the side walls in the protruding direction from the inner end of the half sleeve element 31 (second one of the separate lid components), wherein any other method of aligning and holding the two half sleeve elements 30 & 31 (separate lid components) tightly together after assembly can be used (see annotated fig. 2 below and fig. 4-5 and C. 4 L. 27-32).
Cornell does not disclose a child resistant lid, the two separate lid components being selectively latchable together to cooperatively form said child resistant lid, a plurality of latch arrangements configured to releasably latch said separate lid components together in the closed state, said plurality of latch arrangements including: an upper latch arrangement comprising: an upper latch hole defined in a first one of the top walls; and an upper latch tongue affixed to a second one of the top walls and reaching outward from the unwalled perimeter edge thereof therefrom in a protruding direction from the inner end of the lid component at which said separate lid components mate together in the closed state, the upper latch tongue being sized and oriented to reach a position neighbouring said upper latch hole when said separate lid components are mated together in the closed state; an upper catch button disposed on said upper latch tongue and jutting from a side thereof at a position thereon that aligns with said upper latch hole in said closed state; wherein said upper latch tongue is resiliently flexible in an upward/downward bending direction that is transverse to said protruding direction, but matches an upwardly/downwardly penetrating direction in which said upper latch hole opens through said first one of the top walls, said upper latch tongue being resiliently biased in an upward direction that biases said upper catch button into the upper latch hole when the separate lid components are mated together, and said upper latch hole is unobstructed at an exterior of said first one of the top walls to permit user depression of the upper catch button, when engaged in said upper latch hole, in a downward direction to thereby disengage the upper catch button from the upper latch hole; and a lateral latch arrangement comprising: a lateral latch hole defined in a first one of the side walls on a first one of the separate lid components; and a lateral latch tongue affixed to a matching first one of the side walls on a second one of the separate lid components and reaching outward from the terminal end of said matching first one of the side walls in the protruding direction from the inner end of said second one of the separate lid components, the lateral latch tongue being sized and oriented to reach a position neighbouring said lateral latch hole when said separate lid components are mated together in the closed state; a lateral catch button disposed on said lateral latch tongue and jutting from a side thereof at a position thereon that aligns with said lateral latch hole in said closed state; wherein said lateral latch tongue is resiliently flexible in a lateral bending direction that is transverse to both said protruding direction and said upward/downward bending direction, but matches a laterally penetrating direction in which said lateral latch hole opens through said first one of the side walls on the first one of the separate lid components, said lateral latch tongue being resiliently biased in [[a]] an outwardly lateral direction that biases said lateral catch button into the lateral latch hole when the separate lid components are mated together, and said lateral latch hole is unobstructed at an exterior of said first one of the side walls to permit user depression of the lateral catch button, when engaged in said lateral latch hole, in an inwardly lateral direction to thereby disengage the lateral catch button from the lateral latch hole.
Shiffler teaches a cap 10 comprising main-body portion 16 and secondary-body portion 18 selectively latchable together to cooperative form said cap 10 by a plurality of latch arrangements configured to releasably latch said main-body portion 16 and secondary-body portion 18 together in a closed state, each latch arrangement including a latch hole; a latch tongue reaching outward in a protruding direction and sized and oriented to reach a position neighboring said latch hole when said main-body portion 16 and secondary-body portion 18 are mated together in the closed state, and a catch button disposed on the latch tongue and jutting from a side thereof at a position thereon that aligns with the latch hole in said closed state; wherein the latch tongues are resiliently flexible in a direction that matches the penetrating direction in which the latch hole opens, the latch tongue being resiliently biased to bias said catch button into the latch hole when the main-body portion 16 and secondary-body portion 18 are mated together, and the latch holes are unobstructed at an exterior to permit user depression of the catch button when engaged in the latch hole to thereby disengage the catch button from the latch hole (see annotated fig. 2A and 2B below and fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the sleeve (lid) to replace the alignment holes 42 with latch holes and to have replaced the locator pins 40 with latch tongues having catch buttons disposed thereon and being sized and oriented to reach a position neighboring respective latch holes when in the closed state such that the catch buttons align with respective latch holes in said closed state, as taught by Shiffler, in order to postitively restrain the half sleeve elements 30 & 31 (separate lid components) together in a manner which requires user manipulation for disassembly and as Cornell discloses that other methods of aligning and holding the two half sleeve elements 30 & 31 (separate lid components) tightly together after assembly can be used.
The combination results in the sleeve (lid) being child resistant, the two half sleeve elements 30 & 31 (separate lid components) being selectively latchable together to cooperatively form said child resistant sleeve (lid) and the claimed lateral and upper latch arrangements.
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Claim 2: The combination discloses wherein said upper latch has its upper latch tongue affixed to the half sleeve element 31 (second one of the separate lid components) and its upper latch hole defined in the half sleeve element 30 (first one of the separate lid components), whereby the half sleeve element 31 (second one of the separate lid components) is characterized by inclusion of both the upper latch tongue and the lateral latch tongue, and the half sleeve element 30 (first one of the separate lid components) is characterized by inclusion of both the upper latch hole the lateral latch hole (see fig. 2).
Claim 3: The combination discloses two upper latch arrangements where the upper latch tongue of both is affixed to the top 36 (top wall) of the half sleeve element 31 (second one of the separate lid components) (see fig. 2).
The combination does not disclose wherein said upper latch tongue affixed to said second one of the top walls is a sole latch tongue of said second one of the top walls.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified one of the upper latch arrangements to have provided its upper latch tongue on the top 36 (top wall) of said half sleeve element 30 (first one of the separate lid components) and the upper latch hole on the half sleeve element 31 (second one of the separate lid components) as it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
The modification results in said upper latch tongue affixed to said second one of the top 36 (top wall) being a sole latch tongue of said second one of the tops 36 (top walls).
Claim 4: The combination discloses said lateral latch tongue affixed to said matching one of the side walls of said half sleeve element 31 (second one of the separate lid components) and a second lateral latch arrangement having a second lateral latch tongue affixed to an other side wall of said half sleeve element 31 (second one of the separate lid components) and a second lateral latch hole defined in a matching other side wall of said half sleeve element 30 (first one of the separate lid components) (see annotated fig. 2 above).
The combination does not disclose said lateral latch tongue affixed to said matching one of the side walls of said half sleeve element 31 (second one of the separate lid components) being a sole lateral latch tongue of said second one of the separate lid components, and is unaccompanied by another lateral latch tongue on the other side wall of said second one of the separate lid components.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the second lateral latch arrangement to have provided the lateral latch tongue on the matching other side wall of said half sleeve element 30 (first one of the separate lid components) and the lateral latch hole on the other side wall of said half sleeve element 31 (second one of the separate lid components) as it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
The modification results in the said lateral latch tongue affixed to said matching one of the side walls of said half sleeve element 31 (second one of the separate lid components) being a sole lateral latch tongue of said second one of the separate lid components, and is unaccompanied by another lateral latch tongue on the other side wall of said second one of the separate lid components.
Claim 5: The combination discloses two upper latch arrangements where the upper latch tongue of both is affixed to the top 36 (top wall) of the half sleeve element 31 (second one of the separate lid components) (see fig. 2).
The combination does not disclose wherein said second one of the top walls to which the upper latch tongue is affixed is the top wall of the first one of the separate lid components, and said upper latch tongue is a sole latch tongue of said top wall of the first one of the separate lid components.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified one of the upper latch arrangements to have provided its upper latch tongue on the top 36 (top wall) of said half sleeve element 30 (first one of the separate lid components) and the upper latch hole on the half sleeve element 31 (second one of the separate lid components) as it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
The modification results in the second one of the top 36 (top walls) to which the upper latch tongue is affixed is the top 36 (top wall) of the half sleeve element 30 (first one of the separate lid components), and said upper latch tongue is a sole latch tongue of said top 36 (top wall) of the half sleeve element 30 (first one of the separate lid components).
Claim 6: The combination discloses wherein said plurality of latch arrangements further comprises a second upper latch arrangement having a second upper latch tongue affixed to the second one of the tops 36 (top walls), a second upper latch hole defined in the first one of the tops 36 (top walls), and a second upper catch button on said second upper latch tongue at a position aligning and engaging with the second upper latch hole in the closed state of the half sleeve elements 30 & 31 (separate lid components), said second upper latch hole being unobstructed at an exterior of said first one of the tops 36 (top walls) to permit user depression of the second upper catch button, when engaged in said second upper latch hole, in the downward direction to thereby disengage the second upper catch button from the second upper latch hole (see fig. 2).
The combination does not disclose the second upper latch hole defined in the second one of the top walls or the second upper latch tongue affixed to the first one of the top walls.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the second upper latch tongue affixed to the first one of the top 36 (top wall) and the second upper latch hole defined in the second one of the tops 36 (top walls) as it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Claim 7: The combination discloses wherein said upper latch arrangement and second upper latch arrangement are the sole latch arrangements embodied on the tops 36 (top walls) of the half sleeve elements 30 & 31 (separate lid components).
Claim 8: The combination discloses wherein said plurality of latch arrangements further comprises a second lateral latch arrangement having a second lateral latch tongue affixed to a second one of the side walls on the half sleeve element 31 (second one of the separate lid components), a second lateral latch hole defined in a matching second one of the side walls on the half sleeve element 30 (first one of the separate lid components), and a second lateral catch button on said second lateral latch tongue at a position aligning and engaging with the second lateral latch hole in the closed state of the half sleeve elements 30 & 31 (separate lid components), said second lateral latch hole being unobstructed at an exterior of said matching second one of the side walls to permit user depression of the second lateral catch button, when engaged in said second lateral latch hole, in a second inwardly lateral direction to thereby disengage the second lateral catch button from the second lateral latch hole (see annotated fig. 2 above).
The combination does not disclose the second lateral latch tongue affixed to the second one of the side walls on the first one of the separate lid components and the second lateral latch hole defined in the matching second one of the side walls on the second one of the separate lid components.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the second lateral latch arrangement to have provided the second lateral latch tongue affixed to the second one of the side walls on said half sleeve element 30 (first one of the separate lid components) and the second lateral latch hole defined in a matching second one of the side walls on said half sleeve element 31 (second one of the separate lid components) as it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
The modification results in the said second lateral latch tongue affixed to the second one of the side walls of said half sleeve element 30 (first one of the separate lid components) and the second lateral latch hole defined in the matching second one of the side walls on the half sleeve element 31 (second one of the separate lid components).
Claim 9: The combination discloses wherein said plurality of latch arrangements further comprises a second lateral latch arrangement having a second lateral latch tongue affixed to a second one of the side walls on the half sleeve element 31 (second one of the separate lid components), a second lateral latch hole defined in a matching second one of the side walls on the half sleeve element 30 (first one of the separate lid components), and a second lateral catch button on said second lateral latch tongue at a position aligning and engaging with the second lateral latch hole in the closed state of the half sleeve elements 30 & 31 (separate lid components), said second lateral latch hole being unobstructed at an exterior of said matching second one of the side walls to permit user depression of the second lateral catch button, when engaged in said second lateral latch hole, in a second inwardly lateral direction to thereby disengage the second lateral catch button from the second lateral latch hole.
The combination does not disclose the second lateral latch tongue affixed to the second one of the side walls on the first one of the separate lid components and the second lateral latch hole defined in the matching second one of the side walls on the second one of the separate lid components.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the second lateral latch arrangement to have provided the second lateral latch tongue affixed to the second one of the side walls on said half sleeve element 30 (first one of the separate lid components) and the second lateral latch hole defined in a matching second one of the side walls on said half sleeve element 31 (second one of the separate lid components) as it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
The modification results in the said second lateral latch tongue affixed to the second one of the side walls of said half sleeve element 30 (first one of the separate lid components) and the second lateral latch hole defined in the matching second one of the side walls on the half sleeve element 31 (second one of the separate lid components).
Claim 10: The combination discloses wherein said plurality of latching arrangements consists solely of the upper latching arrangement, the second upper latching arrangement, the lateral latching arrangement and the second lateral latching arrangement (see fig. 2).
Claim 11: The combination discloses wherein said upper latch tongue of the upper latch arrangement is a sole latch tongue of the second one of the tops 36 (top walls), said second upper latch tongue of the second upper latch arrangement is a sole latch tongue of the first one of the tops 36 (top walls), said lateral latch tongue of the lateral latch arrangement is a sole latch tongue of the side walls of the half sleeve element 31 (second one of the separate lid components), and said second lateral latch tongue of the second lateral latch arrangement is a sole latch tongue of the side walls of the half sleeve element 30 (first one of the separate lid components).
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cornell (US 5169259) and Shiffler (US 7770853) as applied to claim 1 above, and further in view of Schneider (US 20150344202).
Claim 14: The combination discloses the claimed invention except for the upper latch hole and the lateral latch hole being sized to accommodate fingertip depression therethrough of the upper catch button and the lateral catch button, respectively.
Schneider teaches a lid 4 having clamping elements 18 with a projection 20 and side walls 14 having clamping elements 19 formed by openings 21, wherein the projections 20 project into the openings 21 and snap in place, wherein the projections 20 and openings 21 have a diameter of from 8 mm to 10 mm and the openings 21 are sized to accommodate fingertip depression of the projections 20 (see fig. 1 and P. 0049 & 0051).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have made the upper latch holes and lateral latch holes to be 8-10 mm wide with matching upper catch buttons and lateral catch buttons, as taught by Schneider, in order to permit the latch arrangements to be finger actuatable such that a tool is not required for separation of the half sleeve elements 30 and 31 (two separate lid components).
Claim 15: The combination discloses wherein the upper latch hole and the lateral latch hole are each 8mm to 10 mm (at least 8mm wide) (see P. 0051 ‘202).
The Examiner notes that no criticality has been established for the claimed range.
Claim 16: The combination discloses wherein the upper latch hole and the lateral latch hole are each 8mm to 10 mm which overlaps with the claimed range of at least 10mm wide (see P. 0051 ‘202 and MPEP 2144.05 I.).
The Examiner notes that no criticality has been established for the claimed range.
Claim(s) 1 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith (US 6227975) further in view of Cornell (US 5169259).
Claim 1: Smith discloses a locking cover 20 (child resistant lid) for a container, said locking cover 20 (lid) comprising: first half 30 and second half 40 (separate lid components) void of any permanent attachment therebetween [C. 5 L. 31-33] but selectively latchable together to cooperatively form said locking cover 20 (child resistant lid), and each sized to cover a respective fraction of an opening of said container, and movable relative to one another between a closed state in which said first half 30 and second half 40 (separate lid components) are mated together to collectively define an combined lid structure sized to cover an entirety of said opening of the container, and an open state in which said first half 30 and second half 40 (separate lid components) are drawn apart from one another to at least partially reveal said opening of the container for access to contents of said container, each first half 30 and second half 40 (lid component) comprising a top wall that resides oppositely of an open bottom of the lid component and from which a plurality of perimeter walls depend downwardly from a perimeter of said top wall, said perimeter walls including two opposing side walls and a connecting wall spanning therebetween, said perimeter walls collectively spanning an entirety of said perimeter of the top wall, except at a singular unwalled perimeter edge thereof that resides oppositely of the connecting wall and spans fully across the first half 30 or second half 40 (lid component) at an inner end thereof, where said unwalled perimeter edge interconnects said two opposing side walls at terminals ends thereof furthest from the connecting wall; a plurality of latch arrangements configured to releasably latch said separate lid components together in the closed state, said plurality of latch arrangements including: a lateral latch arrangement comprising: a lateral latch hole penetrating through a first one of the side walls on the first half 30 (first one of the separate lid components); and a lateral latch tongue affixed to a matching first one of the side walls on the second half 40 (second one of the separate lid components) and reaching outward from the terminal end of said matching first one of the side walls in the protruding direction from the inner end of said second half 40 (second one of the separate lid components), the lateral latch tongue being sized and oriented to reach a position neighbouring said lateral latch hole when said first half 30 and second half 40 (separate lid components) are mated together in the closed state; a lateral catch button disposed on said lateral latch tongue and jutting from a side thereof at a position thereon that aligns with said lateral latch hole in said closed state; wherein said lateral latch tongue is resiliently flexible in a lateral bending direction that is transverse to a protruding direction and an upward/downward bending direction, but matches a laterally penetrating direction in which said lateral latch hole opens through said first one of the side walls on the first half 30 (first one of the separate lid components), said lateral latch tongue being resiliently biased in an outwardly lateral direction that biases said lateral catch button into the lateral latch hole when the first half 30 and second half 40 (separate lid components) are mated together, and said lateral latch hole is unobstructed at an exterior of said first one of the side walls to permit user depression of the lateral catch button, when engaged in said lateral latch hole, in an inwardly lateral direction to thereby disengage the lateral catch button from the lateral latch hole (see annotated fig. 2 below, fig. 3, and C. 5 L. 31-33).
Smith does not disclose the plurality of latch arrangements including: an upper latch arrangement comprising: an upper latch hole penetrating through a first one of the top walls; and an upper latch tongue affixed to a second one of the top walls and reaching outward from the unwalled perimeter edge thereof in a protruding direction from the inner end of the lid component at which said separate lid components mate together in the closed state, the upper latch tongue being sized and oriented to reach a position neighbouring said upper latch hole when said separate lid components are mated together in the closed state; an upper catch button disposed on said upper latch tongue and jutting from a side thereof at a position thereon that aligns with said upper latch hole in said closed state; wherein said upper latch tongue is resiliently flexible in an upward/downward bending direction that is transverse to said protruding direction, but matches an upwardly/downwardly penetrating direction in which said upper latch hole opens through said first one of the top walls, said upper latch tongue being resiliently biased in an upward direction that biases said upper catch button into the upper latch hole when the separate lid components are mated together, and said upper latch hole is unobstructed at an exterior of said first one of the top walls to permit user depression of the upper catch button, when engaged in said upper latch hole, in a downward direction to thereby disengage the upper catch button from the upper latch hole.
Cornell teaches a sleeve comprising half sleeve elements 30 and 31 void of any permanent attachment therebetween but selectively attachable together to cooperatively form said sleeve via two pins 40 on a top 36 and two pins 40 on a side wall on half sleeve element 30 and corresponding locator holes 42 on half sleeve element 30 (see fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the locking cover 20 (child resistant lid) of Smith to have two additional latching arrangements between the top walls of the first half 30 and second half 40 (separate lid components), as taught by Cornell, in order to better restrain the first half 30 and second half 40 (separate lid components) together.
The combination results in the locking cover 20 (child resistant lid) having two upper latch arrangements of the same form as the lateral latch arrangements and therefore having an upper latch hole penetrating through a first one of the top walls; and an upper latch tongue affixed to a second one of the top walls and reaching outward from the unwalled perimeter edge thereof in a protruding direction from the inner end of the lid component at which said first half 30 and second half 40 (separate lid components) mate together in the closed state, the upper latch tongue being sized and oriented to reach a position neighbouring said upper latch hole when said first half 30 and second half 40 (separate lid components) are mated together in the closed state; an upper catch button disposed on said upper latch tongue and jutting from a side thereof at a position thereon that aligns with said upper latch hole in said closed state; wherein said upper latch tongue is resiliently flexible in an upward/downward bending direction that is transverse to said protruding direction, but matches an upwardly/downwardly penetrating direction in which said upper latch hole opens through said first one of the top walls, said upper latch tongue being resiliently biased in an upward direction that biases said upper catch button into the upper latch hole when the first half 30 and second half 40 (separate lid components) are mated together, and said upper latch hole is unobstructed at an exterior of said first one of the top walls to permit user depression of the upper catch button, when engaged in said upper latch hole, in a downward direction to thereby disengage the upper catch button from the upper latch hole.
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Claim 12: The combination discloses the claimed invention except wherein a height of each perimeter wall of each lid component is less than a length said lid component, as measured from the connecting wall to the unwalled perimeter edge.
It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the invention to have made a height of each perimeter wall of each first half 30 and second half 40 (lid component) be less than a length of said first half 30 and second half 40 (lid component), as measured from the connecting wall to the unwalled perimeter edge, in order to protect a lubricant fitting 15 whose width was greater than its height, and since it has been held that changing the size or range of an article is not ordinarily a matter of invention. Appropriate selection of size, weight, ratios, etc. is considered routine, and is typically a matter of design choice. See In re Rose 105 USPQ 237 (CCPA 1955) and also MPEP 2144.04.
Claim 13: The combination discloses wherein a height of each perimeter wall of each first half 30 and second half 40 (lid component) is less than a width of the top wall thereof, as measured between the two side walls (see annotated fig. 2 above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALLAN D STEVENS whose telephone number is (571)270-7798. The examiner can normally be reached Monday-Friday 12-8 ET.
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/ALLAN D STEVENS/ Primary Examiner, Art Unit 3736