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 .
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 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.
Election/Restrictions
Applicant's election with traverse of Species IV in the reply filed on July 23, 2026 is acknowledged. The traversal is on the ground(s) that a serious search and/or examination burden has not been established. This is not found persuasive because as set forth in the restriction requirement, the various species include varying structures of the locking portion and the compression latch, which causes differing searches, as set forth in Paragraph 3 of the restriction requirement. In addition to the search, much of the examination is devoted to determining patentability of the claims. Said determination requires the formulation of rejections and responding to applicant's argument with regard to same. The additional search and the determination of patentability for multiple, patentably distinct species would place serious burden on the examiner.
The requirement is still deemed proper and is therefore made FINAL.
Applicant has stated that claims 1, 2, 6-11, and 13-28 are readable on the elected species, however, applicant filed a preliminary amendment to the claims on May 9, 2025, in which claims 8-11 and 17 were cancelled and new claims 25-29 were added. The examiner agrees that claims 1, 2, 6, 7, 12-16, 18, 19, and 25-29 are readable on the elected species. Claims 3-5 and 20-24 are withdrawn because they are drawn to the non-elected species. The examination of claims 1, 2, 6, 7, 12-16, 18, 19, and 25-29 is set forth below.
Information Disclosure Statement
The examiner would like to note that copies of the foreign documents and non-patent literature documents listed on the IDS filed January 16, 2025 can be found in the parent application 16/762,791.
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: 19 and 81. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 56. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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.
Claim Objections
Claims 1, 12-15, 18, and 25-28 are objected to because of the following informalities:
In regards to claim 1, line 4, the phrase “coupled to the housing between” should be changed to “coupled to the housing for rotation between,” and in line 7, the phrase “and moving” should be changed to “to move.”
In regards to claims 12 and 25, line 8 of each claim, the phrase “the lower surface” should be changed to “the lower wall,” and in line 13 of each claim, the phrase “the ribs” should be changed to “the at least one rib.”
In regards to claims 13-15 and 21-23, line 1 of each claim, the phrase “the rib” should be changed to “the at least one rib.”
In regards to claim 18, line 4, the phrase “coupled to the housing between” should be changed to “coupled to the housing for rotation between.”
Appropriate correction is required.
Applicant is advised that should claims 12-16 be found allowable, claims 25-29 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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.
Claims 12-16 and 25-29 are rejected 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 12 and 25 each recite the limitation "the lower surface" in line 8. There is insufficient antecedent basis for this limitation in the claims. It is assumed that the “lower surface” phrase refers to the “lower wall” recited in the preceding lines of the claims, and will be examined as such. See claim objections above.
In regards to claims 12 and 25, line 13 of each claim, it is unclear how many ribs applicant intends to claim. Specifically, each claim recites in line 5 that the housing includes “at least one rib,” however, line 13 of each claim recites “ribs.” For examination purposes, the claims will be examined as reciting “at least one rib” throughout. See claim objections above.
In regards to claims 13-15 and 26-28, it is unclear how many ribs applicant intends to claim. Specifically, claims 13-15 recite a singular rib, whereas, claim 12 recites “at least one rib,” and claims 26-28 recite a singular rib, whereas, claim 25 recites “at least one rib.” For examination purposes, the claims will be examined as reciting “at least one rib.” See claim objections above.
In regards to claims 16 and 29, these claims are rejected under 35 U.S.C. 112(b) because they depend from claims 12 and 25.
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, 2, 6, 7, 18, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Davis et al. (US-4413849).
In regards to claim 1, Davis et al. discloses a latch assembly for mounting in an opening 22 of a door 12 and for releasably latching the door to a door frame 18, said latch assembly comprising: a housing 34, 42 that is mountable to the opening of the door; a lever 90 that is rotatably coupled to the housing for rotation between a deployed position (Figure 5) and a retracted position (Figure 3), wherein in the retracted position, a handle portion 96 of the lever is substantially flush with the door, and in the deployed position, the handle portion of the lever protrudes from the door for grasping by a user and to move the door relative to the door frame; a lock plug 210 that is rotatably mounted within the housing, the lock plug having one end 214 for receiving either a tool or key 400, and an opposite end (end with portion 230, Figure 3) having an engagement surface 240; a latching member 120 that is movably coupled to the housing, and is engaged with both the rotatable lock plug and the lever in the retracted position of the lever (Figure 3), wherein, starting from the retracted position of the lever, rotation of the lock plug causes movement of the latching member, which causes the latching member to release the lever (Figures 3 and 5); and a torsion spring 310 for biasing the lock plug back to a starting position after the lock plug is rotated from the starting position using the tool or the key.
In regards to claim 2, Davis et al. discloses that one end 314 of the torsion spring is mounted to the lock plug and another end 316 of the torsion spring is mounted to either the housing or another component that is non-rotatably connected to the housing.
In regards to claim 6, Davis et al. discloses a lever spring 190 for biasing the lever toward the deployed position.
In regards to claim 7, Davis et al. discloses that the latching member includes a lever engagement surface (surface of tooth 126 that engages the lever, Figure 3) for constraining the lever in the retracted position of the lever, and a lock plug engagement surface (surface of tooth 124 that is contacted by the engagement surface 240 of the lock plug, Figures 3 and 5) that is configured to be contacted by the engagement surface of the lock plug.
In regards to claim 18, Davis et al. discloses a latch assembly for mounting in an opening 22 of a door 12 and for releasably latching the door to a door frame 18, said latch assembly comprising: a housing 34, 42 that is mountable to the opening of the door; a lever 90 that is rotatably coupled to the housing for rotation between a deployed position (Figure 5) and a retracted position (Figure 3), wherein in the retracted position, a handle portion 96 of the lever is substantially flush with the door, and in the deployed position, the handle portion of the lever protrudes from the door for grasping by a user and moving the door relative to the door frame (Figure 5); a moveable member 210 mounted to the housing; and a latching member 120 that is rotatably coupled to the housing, and is engaged with the lever in the retracted position of the lever, wherein, starting from the retracted position of the lever, movement of the moveable member causes rotation of the latching member, which causes the latching member to release the lever (Figures 3 and 5).
In regards to claim 19, Davis et al. discloses that the moveable member is lock plug, and rotation of the lock plug causes rotation of the latching member, which causes the latching member to release the lever (Figures 3 and 5).
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chiang (DE 29513978 U1).
In regards to claim 18, Chiang discloses a latch assembly for mounting in an opening of a door (Paragraph 15 of the Computer Generated Translation) and for releasably latching the door to a door frame (frame of connection box, Paragraph 21 of the Computer Generated Translation), said latch assembly comprising: a housing 10 that is mountable to the opening of the door; a lever 20 that is rotatably coupled to the housing for rotation between a deployed position (Figure 3) and a retracted position (Figure 2), wherein in the retracted position, a handle portion (portion of the lever at reference character 20, Figure 3) of the lever is substantially flush with the door (Figure 2), and in the deployed position, the handle portion of the lever protrudes from the door for grasping by a user and moving the door relative to the door frame (Figure 3); a moveable member 37 mounted to the housing; and a latching member 38 that is rotatably coupled to the housing, and is engaged with the lever in the retracted position of the lever (Figure 2), wherein, starting from the retracted position of the lever, movement of the moveable member causes rotation of the latching member, which causes the latching member to release the lever (movement from Figure 2 to Figure 3).
In regards to claim 19, Chiang discloses that the moveable member is lock plug, and rotation of the lock plug causes rotation of the latching member, which causes the latching member to release the lever (Figures 2 and 3).
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tweedy (US-6606889).
In regards to claim 18, Tweedy discloses a latch assembly for mounting in an opening of a door 22 and for releasably latching the door to a door frame 22, said latch assembly comprising: a housing (Figure 10) that is mountable to the opening of the door; a lever 24 that is rotatably coupled to the housing for rotation between a deployed position (Figure 7) and a retracted position (Figure 5), wherein in the retracted position, a handle portion (portion of the lever at reference character 24, Figure 7) of the lever is substantially flush with the door (Figure 5), and in the deployed position, the handle portion of the lever protrudes from the door for grasping by a user and moving the door relative to the door frame (Figure 7); a moveable member 38, 45 mounted to the housing; and a latching member 33 that is rotatably coupled to the housing, and is engaged with the lever in the retracted position of the lever (Figure 5), wherein, starting from the retracted position of the lever, movement of the moveable member causes rotation of the latching member, which causes the latching member to release the lever (movement from Figure 5 to Figure 7).
In regards to claim 19, Tweedy discloses that the moveable member is lock plug, and rotation of the lock plug causes rotation of the latching member, which causes the latching member to release the lever (Figures 5, 7, and 10).
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.
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) 12-16 and 25-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamada et al. (US-5467623) in view of Segawa et al. (EP 1329575 A2).
In regards to claims 12 and 25, Yamada et al. discloses a latch assembly for mounting in an opening of a door 1 (Figure 1) and for releasably latching the door to a door frame 2, said latch assembly comprising: a housing 7 that is mountable to the opening of the door, the housing having side walls (Figure 2), a lower wall (wall receiving screws 42, Figure 3) interconnecting the side walls (Figure 2), a boss (see Figure 4 below) extending from the lower wall and being located between the side walls; a mounting bracket 40 for mounting the housing of the latch assembly to the door, the mounting bracket having a mounting surface (see Figure 4 below) for contacting the lower wall of the housing and two legs (see Figure 2 below) extending from opposite sides of the mounting surface that are positioned adjacent the side walls of the housing for contacting a surface of the door (Figures 1 and 2); and a fastener 42 that is positionable at least partially through a hole 41 in the mounting bracket and an opening (see Figure 4 below) formed in the boss. Yamada et al. fails to disclose at least one rib extending from the boss to each side wall, with the at least one rib being configured to either limit or prevent deformation of the side walls of the housing. Segawa et al. teaches a housing 1 having a boss (see Figure 3 below) with at least one rib (see Figure 3 below) extending from the boss to each side wall of the housing (Figure 3), with the at least one rib configured to either limit or prevent deformation of the side walls of the housing since they provide support to the side walls. It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include at least one rib between the boss and the side walls of the housing of Yamada et al. so as to provide further support to the structure of the housing and to provide support to the boss of Yamada et al.
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In regards to claims 13 and 26, Yamada et al. in view of Segawa et al. teaches that the at least one rib extends from the lower wall of the housing in the same direction as the boss (apparent from Figures 3 and 4).
In regards to claims 14 and 27, Yamada et al. in view of Segawa et al. teaches that the at least one rib extends from the lower wall of the housing to an elevation either at or above the boss (apparent from Figures 3 and 4 of Segawa et al.).
In regards to claims 15 and 28, Yamada et al. in view of Segawa et al. teaches that a thickness of the at least one rib is less than a diameter of the boss (Figure 3 of Segawa et al.).
In regards to claims 16 and 29, Yamada et al. in view of Segawa et al. teaches that the boss and the at least one rib forms a continuous wall extending between the side walls of the housing without interruption (Figure 3 of Segawa et al.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSON MERLINO whose telephone number is (571)272-2219. The examiner can normally be reached Monday - Friday 7 AM to 3 PM.
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, Christine Mills can be reached on 571-272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 August 24, 2026
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