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 guard comprising a left side extension operably connected to a left segment; the left segment operably connected to a left corner; the left corner operably connected to a middle segment; the middle segment operably connected to a right corner; the right corner operably connected to a right segment; the right segment operably connected to a right extension, wherein each of the left segment, the middle segment and the right segment comprise at least one support maintaining a distance of each of the left segment, the middle segment and the right segment from a supporting surface”; “a pin assembly”,” a pin, a biasing member, and a handle”, “a coil spring”, “a latch plate”, “hinged fastener, “latch plate", "hasp” 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 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.
Claim 1 is rejected (claims 2-22 by dependency) 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 pre-AIA the applicant regards as the invention.
Regarding claim 1, the nominal recitation of “one or more hook elements operably connected to a rear surface of a guard” leaves an uncertainty as to whether the applicant’s scope of invention includes the guard or is merely used with a guard. It is the applicant’s burden to create claim limitation depicting a single preferred embodiment in such clear and concise terms that one of ordinary skill in the art would understand what is intended to be prevented from being made and sold to the public.
In view of the rejections above under 35 USC § 112, the claims referred to in any and all rejections below are rejected as best understood.
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)1-4 and 6-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
Gargano (US 11,633,051).
Regarding claim 1, Gargano discloses a guard locking and latching device comprising:
one or more hook elements (102) operably connected to a rear surface (104) of a guard (100) comprising a left side extension operably connected to a left segment (annotated Fig.4); the left segment operably connected to a left corner (annotated Fig.4); the left corner operably connected to a middle segment(annotated Fig.4); the middle segment operably connected to a right corner(annotated Fig.4); the right corner operably connected to a right segment(annotated Fig.4); the right segment operably connected to a right extension, wherein each of the left segment, the middle segment and the right segment comprise at least one support maintaining a distance of each of the left segment(annotated Fig.4), the middle segment and the right segment from a supporting surface(annotated Fig.4); wherein the left segment (annotated Fig.4), the middle segment and the right segment are configured to form a first opening (118), the first opening so dimensioned and configured as to accept insertion of one or more containers (400) wherein said one or more containers attaches to said one or more hook elements (102) at an attachment element (302, 402) positioned on the one or more containers (Fig.4)and a latching assembly.
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Annotated Figure from Gargano (US 11,633,051)
Regarding claim 2, Gargano discloses the guard locking and latching device of claim 1, wherein the left side extension (annotated Fig.4) and the right side extension of said guard contact the supporting surface (Fig.4).
Regarding claim 3, Gargano discloses the guard locking and latching device of claim 1, wherein each of the left segment (annotated Fig.4), the middle segment and the right segment of said guard comprise at least two supports maintaining a distance of each of the left segment (solid object structure maintains distances), the middle segment and the right segment from the supporting surface.
Regarding claim 4, Gargano discloses the guard locking and latching device of claim 1, wherein the device is a hook element (302,304) having an angle of about 80°, 81°, 82°, 83°, 84°, 85°, 86°, 87°, 88°, 89°, 90°, 91°, 92°, 93°, 94°, 95°, 96°, 97°, 98°, 99° or 100° (Fig.4).
Regarding claim 6, Gargano discloses the guard locking and latching device of claim 4, wherein the device has an angle of about 90° (Fig.4).
Regarding claim 7, Gargano discloses the guard locking and latching device of claim 1, wherein said device is fabricated from a substance selected from the group consisting of steel (C.2; l.44-45), iron, aluminum, plastic, rubber, graphite, carbon and composite materials.
Regarding claim 8, Gargano discloses the guard locking and latching device of claim 1, wherein the attachment element is located on the rear surface of said container (Fig.4).
Regarding claim 10, Gargano discloses the guard locking and latching device of claim 1, wherein said attachment element (302, 402) is attachable(Fig.4) to said guard locking device by tilting said one or more containers (300,400)onto said guard locking device.
Regarding claim 11, Gargano discloses the guard locking and latching device of claim 1, wherein said attachment element (302, 402) is detachable Fig.4) from said guard locking device by tilting said one or more containers (300,400)away from said guard locking device.
Regarding claim 12, Gargano discloses the guard locking and latching device of claim 1, wherein said attachment element (302,402) is attachable 9Fig.4) to said guard locking device by lifting said one or more containers (300,400) onto said guard locking device at the attachment element.
Regarding claim 13, Gargano discloses the guard locking and latching device of claim 1, wherein said attachment element is detachable (Fig.4) from said guard locking device by lifting said one or more containers away 9Fig.4)from said guard locking device at the attachment element (302,402).
Regarding claim 14, Gargano discloses the guard locking and latching device of claim 1, further comprising a locking mount (116).
Regarding claim 15, Gargano discloses the guard locking and latching device of claim 14, wherein said locking mount comprises a hole (116).
Regarding claim 16, Gargano discloses the guard locking and latching device of claim 15, wherein the locking mount hole (116) accommodates (interior can accommodate an element) a tie-down member.
Claim Rejections - 35 USC § 103
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.
Claims 5 and 9 are rejected under 35 U.S.C. 103(a) as being unpatentable over Gargano (US 11,633,051).
Regarding claim 5, Gargano discloses the guard locking and latching device of claim 1, wherein the guard further comprises an expansion middle segment (annotated Fig.4) operably connected to the right corner (annotated Fig.4), the expansion middle segment operably connected to an expansion corner, the expansion corner operably connected to an expansion right segment (annotated Fig.4), the expansion right segment operably connected to an expansion right side extension(annotated Fig.4), wherein the right segment, the expansion middle segment and the expansion right segment are configured to form a second opening, the second opening so dimensioned and configured as to accept insertion of a second container, wherein at least one guard locking device is operably connected to said expansion middle segment.
Gargano discloses the claimed invention except for second instance of an opening. It would have been obvious to one having ordinary skill in the art at the time the invention was made to specify second instance of an opening, since mere duplication of the essential working parts of a device involves only routine skill in the art.
Applicant is reminded that duplicating the components of a prior art device, wherein there is no structural or functional significance as to the specific number of an element disclosed, is a design consideration within the skill of the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the actuating handle disclosed by Schmidt et al. to comprise a second switching unit, and as such practice is a design consideration within the skill of the art which would yield expected and predictable results."
Regarding claim 9, Gargano discloses the guard locking and latching device of claim 1, wherein the attachment element located on the rear surface of said container is present.
Gargano discloses substantially all the limitations of the claims except for attachment element located on the rear surface of said container is cylindrical.
It would have been obvious matter of design choice to one having ordinary skill in the art at the time the invention was made to make the different portions of the attachment element of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results.
Claim 17-22 are rejected under 35 U.S.C. 103(a) as being unpatentable over Gargano (US 11,633,051) in view of Davidson (US 2022/0327874).
Regarding claim 17, Gargano discloses the guard locking and latching device of claim 1.
Gargano does not disclose: a pin (130) assembly (Fig.1)
Davidson teaches a pin assembly for the purpose of securing a lock.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Gargano with a pin assembly as taught by Davidson for the expected benefit of securing a lock.
Regarding claim 18, Gargano as modified by Davidson discloses the guard locking and latching device of claim 17, wherein said pin assembly comprises a pin (130; Davidson), a biasing member (154; Davidson), and a handle (144; Davidson).
Regarding claim 19, Gargano as modified by Davidson discloses the guard locking and latching device of claim 18, wherein said biasing member is a coil spring (154; Davidson).
Regarding claim 20, Gargano as modified by Davidson discloses the guard locking and latching device of claim, 1 further comprising a latch plate (180; Davidson).
Regarding claim 21, Gargano as modified by Davidson discloses the latch plate of claim 20, further comprising one or more hinged fasteners (end of 180, Fig.13A; Davidson).
Regarding claim 22, Gargano as modified by Davidson discloses the latch plate of claim 21, wherein said one or more hinged fasteners is a hasp (184; Davidson).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure as it may affect the patentability of applicant’s claimed invention is listed on the attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Thomas L. Neubauer whose telephone number is 571.272.4864. The examiner can normally be reached on Monday - Friday, 8:00 AM through 5:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina R. Fulton can be reached on 571-272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T. L. N./
Examiner, Art Unit 3675
/KRISTINA R FULTON/Supervisory Patent Examiner, Art Unit 3675