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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 2-21 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of issued claims of prior U.S. Patent No. 12,227,338. This is a statutory double patenting rejection. The parent appears to define all of the current claim structure, just in a different order.
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).
Conclusion
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SHAWN M BRADEN/Primary Examiner, Art Unit 3736
Prosecution Insights