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
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) 8,11-13,15,18,19,21, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seiders (USPN 11,976,498).
With respect to claim 8, Seiders shows a container (2) comprising: a latch assembly (100) comprising: a latch body (102); a latch button (192) slidably connected to the latch body (102), the latch button (192) comprising: a rear surface; a front surface configured to confront and slidably move along an interior surface of the latch body (102); a bottom surface configured to provide an interface for a user to exert an upward force (arrow in fig. 10b shows force direction) ; and an interlocking pawl (176) rotatably attached to the latch body (102) and configured to prevent inadvertent movement of the latch button (192).
With respect to claim 11, Seiders shows wherein the front surface includes a recess configured to hold a portion of a latch button (192) biasing member (150).
With respect to claim 12, Seiders shows wherein the latch button (192) further comprises a latch button-locking member (130) extending outward from the rear surface.
With respect to claim 13, Seiders shows wherein the interlocking pawl (176) is rotatably attached to the latch body (102) via a pin connection (172) and includes a pawl biasing member (138) that exerts a rotational force on the interlocking pawl (176).
With respect to claim 15, Seiders shows a container (2) comprising: a lid (5); a latch assembly (100) connected to the lid, the latch assembly (100) comprising: a latch body (102) having an upper edge and a lower edge; a latch button (192) slidably connected to the latch body (102); an interlocking pawl (176) rotatably attached to the latch body (102) via a pin connection (172); and a pawl biasing member (138) exerting a rotational force on the interlocking pawl (176); and wherein the interlocking pawl (176) prevents the latch button (192) from moving upward when the latch assembly (100) is in an unlocked position.
With respect to claim 18, Seiders shows wherein the latch body (102) includes a pawl receiver (where 176 is placed is the receiver) configured to receive the pin connection (132) and the pawl biasing member (138).
With respect to claim 19, Seiders shows wherein the lid (5) includes an engagement region having a curved surface (112) configured to engage with the interlocking pawl (176).
With respect to claim 21, Seiders shows wherein rotary motion of the interlocking pawl (176) is controlled by interaction between a curved outer surface (112) of the interlocking pawl (176) and the lid (5).
Response to Arguments
Examiner agrees with the arguments against the double patenting rejection and has removed the double patenting rejection.
Applicants’ arguments filed 08/31/26 have been fully considered but they are not persuasive.
Applicant argues that the effective filing date of the reference is after the current applications filing date,
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Following the MPEP under (a) (2) copied above the Effective filing date of Seiders (USPN 11,976,498) is 04/03/2020 . Which is before the effective filing date by more than 1 year of the current application’s effective filing date (11/18/2021).
Allowable Subject Matter
Claims 2-7, allowed.
Claims 9,10,14,16,17,20, 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.
Conclusion
THIS ACTION IS MADE FINAL. Applicants are 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 SHAWN M BRADEN whose telephone number is (571)272-8026. The examiner can normally be reached M-F 8am-5pm.
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, Orlando E Aviles-Bosques can be reached at 571 270-5531. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWN M BRADEN/Primary Examiner, Art Unit 3736
