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) 108-111 and 116-117 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Number 10,415,269 to Holmes et al.
Holmes et al. disclose a method comprising: disposing locking elements (160) by applying an intended key element (90) to a lock (100), and then moving said locking elements away from exterior surfaces of a locking mechanism such that no mechanical tension remains between the locking elements and the intended key or between the locking elements and the exterior surfaces of the locking mechanism which served to dispose the locking elements when acted upon by the intended key (intended key places the locking elements in a position that allows the locking elements to split the shear line and allow for proper effectuation; figure 4); and comparing disposition of the locking elements against reference components (133, 173) to determine if the locking elements disposed as by the intended key element, wherein the locking mechanism opens if the locking elements disposed as by the intended key, and wherein the locking mechanism remains closed and ready to accept the intended key if the locking elements are otherwise disposed than as by the intended key, and wherein the reference components or the locking elements or both correspond in configuration to the intended key element (column 2, line 60-column 3, line 5), as in claim 108.
Holmes et al. also disclose an affordance of the reference components to signal that an attempt was made to open the lock while the locking elements were otherwise disposed than as by the intended key (column 9, lines 47-63), as in claim 109.
Holmes et al. further disclose an apparatus comprising: an intended key element (90); and a lock (100) including: locking elements (160) configured to be disposed by the intended key element and then moved away from exterior surfaces of a locking mechanism to block access to the locking elements from an exterior of the locking mechanism or from the intended key element (intended key places the locking elements in a position that allows the locking elements to split the shear line and allow for proper effectuation; figure 4); and reference components (133, 173) configured to be compared against the locking elements to determine if the locking elements are disposed as by the intended key element, wherein the locking mechanism opens if the locking elements are so disposed, else the locking mechanism remains locked and ready to accept the intended key, and wherein the reference components or the locking elements or both correspond in configuration to the intended key element (column 2, line 60-column 3, line 5), as in claim 110.
Holmes et al. additionally disclose an affordance of the reference components to signal that an attempt was made to open the lock while the locking elements were otherwise disposed than as by the intended key (column 9, lines 47-63), as in claim 111.
Holmes et al. also disclose a method of manufacturing a lock for operation by an intended key element (90), the method comprising: forming locking elements (160); forming reference components (133, 173); assembling the locking elements and the reference components into a locking mechanism (100) such that, during intended operation, the locking elements are disposed by the intended key element and then moved away from exterior surfaces of the locking mechanism to block access to the locking elements from an exterior of the locking mechanism or from the intended key element (intended key places the locking elements in a position that allows the locking elements to split the shear line and rotate the lock plug and prevent access from the exterior to the locking elements); and configuring the reference components to be compared against the locking elements to determine if the locking elements are disposed as by the intended key element, wherein the locking mechanism opens if the locking elements are so disposed, else the locking mechanism remains locked and ready to accept the intended key element, and wherein the reference components or the locking elements or both correspond in configuration to the intended key element (column 3, line 60-column 3, line 5; column 3, line 64-column 4, line 18), as in claim 116.
Holmes et al. further disclose forming an affordance of the reference components configured to signal that an attempt was made to open the lock while the locking elements were otherwise disposed than as by the intended key element (column 4, lines 8-18), as in claim 117.
Allowable Subject Matter
Claims 112-115 and 118-120 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.
The following is a statement of reasons for the indication of allowable subject matter: The claims are allowable over the prior art of record because the teachings of the references taken as a whole do not teach or render obvious the combination set forth, including that of the reference components comprise at least one mechanical resistor having at least one protrusion or including a plurality of grooves on a portion of the movable frame facing the fixed frame; and wherein the locking elements comprise at least one tooth having at least one channel positioned.
Response to Arguments
Applicant's arguments filed May 6, 2026 have been fully considered but they are not persuasive. In response to the applicant’s argument that Holmes et al. do not disclose the locking elements be moved away from exterior surfaces so that no mechanical tension remains before comparison, and the locking elements moved away to block access from the exterior or from the intended key element, the examiner respectfully disagrees. During proper, authorized operation of the lock the intended key element moves the locking elements away from the exterior surfaces, allowing for the lock plug to rotate and block access to the locking elements from the exterior. Additionally, Holmes et al. do not disclose any tension within the lock whether it be during a resting state, an authorized operation state, and unauthorized operation state, or an unlocked state; thus, there is no mechanical tension.
In regards to the argument that Holmes et al. do not disclose reference components, the examiner respectfully disagrees. The current claims recite comparison between the reference components and the locking elements to determine if the locking elements disposed as by the intended key element where the reference components of Holmes utilize sensors in the determination of the location of the locking elements by a key element. In other words, an output signal of each reference component is correlated to the transverse position of the corresponding locking element such that the transverse position of each locking element can be determined based upon the output signal of the reference component; accordingly, the recited reference component is anticipated by Holmes et al.
Conclusion
THIS ACTION IS MADE FINAL. 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 CHRISTOPHER J BOSWELL whose telephone number is (571)272-7054. The examiner can normally be reached M-R: 9-4; F 9-12.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton can be reached at 571-272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER J BOSWELL/ Primary Examiner, Art Unit 3675
CJB /cb/
June 11, 2026
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