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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-15 and 17-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Fredrickson (US Patent no. 5259220).
Regarding claim 1, Fredrickson discloses a hanging inventory security device comprising: a housing (10) extending along a housing axis and comprising, a first housing portion (31) comprising a first plurality of mount surfaces (32-33, figure 4), a second housing portion (11, figure 4) comprising a second plurality of mount surfaces (15-16) and pivotally coupled to the first housing portion (31), two or more mount portions (mounting portions are defined by 32 with 15, 33 with 16, figures 2 and 3) each structured to receive a portion of an inventory hanger (19, figure 2 or 22-23, figure 3) wherein the inventory hanger extends along a hanger axis, a mount member (17, figure 4) extending along the housing axis and positioned on one of the first and second housing portions, a lock cavity (13); and a lock assembly (38, 39, 45, figure 4) at least partially positioned in the lock cavity (13) and configured to move between a locked position and an unlocked position, wherein in the unlocked position, the first housing portion (31) and the second housing portion (11) are configured to be pivoted relative to each other, and wherein in the locked position (figures 2 and 3), the first housing portion and the second housing portion are inhibited from pivoting relative to each other, and the portion of the inventory hanger (19, or 22-23, figure 3) is retained between one of the plurality of mount surfaces (32-33, 15-16) and the mount member (17) to inhibit movement of the housing along the hanger axis.
Regarding claim 2, Fredrickson discloses the hanging inventory security device of claim 1, wherein in the locked position, the two or more mounting portions (32 with 15, 33 with 16, figures 2 and 3) each comprise a mount opening (figures 2 and 3) formed by the plurality of first and second housing portion mount surfaces (15, 16, 32, 33).
Regarding claim 3, Fredrickson discloses the hanging inventory security device of claim 2, wherein each of the mount openings comprises a unique diameter ( diameter formed by 32 with 15 is different from 33 with 16, figures 2-4).
Regarding claim 4, Fredrickson discloses the hanging inventory security device of claim 1, further comprising an axle (18, figure 4) structured to pivotally couple together the first housing portion (31) and the second housing portion (11).
Regarding claim 5, Fredrickson discloses the hanging inventory security device of claim 1, wherein one of the first and second housing portions includes a lock member engager (37) configured to engage a portion (39) of the lock assembly in the locked position.
Regarding claim 6, Fredrickson discloses the hanging inventory security device of claim 1, wherein the lock assembly further comprises, a lock assembly housing (13), a lock assembly base (45, figure 4) structured to interact (via pivot 380 with the lock assembly housing (13), and a lock member (39) structured to be supported by the lock assembly base (45).
Regarding claim 7, Fredrickson discloses the hanging inventory security device of claim 6, wherein in the locked position, at least a portion of the lock member (39) extends from the lock assembly housing and engages a portion (37) of one of the first and second housing portions to inhibit pivoting of the first and second housing portions relative to each other.
Regarding claim 8, Fredrickson disclose a hanging inventory security device comprising: a body (10) extending along a body axis and comprising, a first body portion (31, figure 4) comprising a first plurality of mount surfaces (32-33), a second body portion (11) comprising a second plurality of mount surfaces (15-16) and pivotally coupled (via 18) to the first body portion (31), two or more mount portions (mounting portions are defined by 32 with 15, 33 with 16, figures 2 and 3) each structured to receive a portion of an inventory hanger (19, 22-23, figures 2-4), wherein the inventory hanger extends along a hanger axis; at least one mount member (17 or resilient spring member 43) positioned on one of the first and second body portions (11); and a lock assembly (39, 38, 45) at least partially positioned in the body (10) and configured to move between a locked position (figures 2 and 3) and an unlocked position (figure 4), wherein in the unlocked position (figure 4), the first body portion (31) and the second body portion (11) are configured to be pivoted relative to each other, and wherein in the locked position (figures 2 and 3), the first body portion (31) and the second housing portion (11) are inhibited from pivoting relative to each other and inhibited from moving along the hanger axis.
Regarding claim 9, Fredrickson discloses the hanging inventory security device of claim 8, wherein in the locked position (figures 2-3), the two or more mounting portions (mounting portions are defined by 32 with 15, 33 with 16, figures 2 and 3) each comprise a mount opening (figures 2 and 3) formed by the plurality of first and second mount surfaces (15, 16, 32, 33).
Regarding claim 10, Fredrickson discloses the hanging inventory security device of claim 9, wherein each of the mount openings (openings of mounting portions are defined by 32 with 15, 33 with 16, figures 2 and 3) comprises a defines diameter.
Regarding claim 11, Fredrickson discloses the hanging inventory security device of claim 8, wherein the first body portion (11) further includes a first coupling member (end portion of 31 with hole for receiving axle 18) and the second body portion (11) includes a second coupling member (axle 18), and wherein the first and second coupling members (end portion of 31 with hole receiving axle 18 of second body portion to allow pivoting) are configured to interact with each other to enable the first and second body portions to pivot relative to each other.
Regarding claim 12, Fredrickson discloses the hanging inventory security device of claim 8, wherein one of the first and second body portions includes a lock member engager (37, figure 4) configured to engage a portion (39) of the lock assembly in the locked position.
Regarding claim 13, Fredrickson discloses the hanging inventory security device of claim 8, wherein the lock assembly further comprises, a lock assembly housing (13), a lock assembly base (45) structured to interact (via pivot 38) with the lock assembly housing (13), and a lock member (39) structured to be supported by the lock assembly base.
Regarding claim 14, Fredrickson discloses the hanging inventory security device of claim 13, wherein in the locked position (figures 2 and 3), at least a portion (39) of the lock member extends from the lock assembly housing and engages one of the first and second body portions (39 engage 37) to inhibit pivoting of the first and second body portions (31 and 11) relative to each other.
Regarding claim 15, Fredrickson discloses the hanging inventory security device of claim 8, when the at least one mount member (43) is comprised of a resilient material (bendable spring).
Regarding claim 17, Fredrickson discloses a method of manufacturing a hanging inventory security device, comprising: structuring a housing (10) to extend along a housing axis and comprise, a first housing portion (31, figure 4) comprising a first plurality of mount surfaces (32-34), a second housing portion (11) comprising a second plurality of mount surfaces (15-17) and pivotally coupled (via 18) to the first housing portion (31), and two or more mount portions (mounting portions are defined by 32 with 15, 33 with 16, figures 2 and 3) each structured to receive a portion of an inventory hanger (19, 22-23, figures 2 and 3), wherein the inventory hanger extends along a hanger axis; structuring at least one mount member (43) to be positioned on one of the first and second housing portions (11); and structuring a lock assembly (39, 38, 45) to be at least partially positioned in the housing (10) and to move between a locked position (figures 2-3) and an unlocked position (figure 4), wherein in the unlocked position (figure 4), the first housing portion (31) and the second housing portion (11) are structured to be pivoted (via 18) relative to each other, and wherein in the locked position (figures 2-3), the first housing portion (31) and the second housing portion (11) are inhibited from pivoting relative to each other and inhibited from moving along the hanger axis.
Regarding claim 18, Fredrickson discloses the method of claim 17, further comprising structuring the two or more mounting portions (mounting portions are defined by 32 with 15, 33 with 16, figures 2 and 3) to each comprise a mount opening formed by the plurality of first and second housing portion mount surfaces (15-17, 32-34, figure 4) when in the locked position (figures 2-3).
Regarding claim 19, Fredrickson discloses the method of claim 17, further comprising the lock assembly to comprise: a lock assembly housing (13); a lock assembly base (45, figure 4) structured to interact (via pivot 38) with the lock assembly housing (13); and a lock member (39) structured to be supported by the lock assembly base (45).
Regarding claim 20, Fredrickson discloses the method of claim 19, further comprising structuring at least a portion of the lock member (39) to extend from the lock assembly housing (13) and engage one of the first and second housing portions (37) when in the locked position (figures 2-3) to inhibit the pivoting of the first and second housing portions relative to each other.
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.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Fredrickson (US Patent no. 5259220).
Regarding claim 16, Fredrickson disclose the hanging inventory security device of claim 9, except for wherein the mount openings comprise a diameter between 1 and 6 millimeters. It would have been obvious to one having ordinary skill in the art to have made the mount openings of Fredrickson to have a diameter between 1 and 6 millimeters, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Fredrickson (US Patent no. 5259220) in view of Eklof et al (US Patent no. 5275027).
Regarding claim 15, Fredrickson discloses the hanging inventory security device of claim 8, except wherein the at least one mount member (17) is comprised of a resilient material. Eklof discloses a hanging inventory security device comprising at least one mount member (78, figures 4-5) made of resilient material. Eklof discloses “The pad is made of a suitable resiliently deformable material having a surface which frictionally grips the metal surface of rod 52” (see column 4, lines 27-30). It would have been obvious to one of ordinary skilled in the art to have modify the mount member of Fredrickson such that a resilient material mount member is provided to frictionally grip the metal surface of the hanger rod as taught to be desirable by Eklof.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The remaining prior art of record further demonstrate security devices of interest,
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ko (Korie) H Chan whose telephone number is (571)272-6816. The examiner can normally be reached on Monday -Friday, 8:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached on 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ko H Chan/Primary Examiner, Art Unit 3631
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