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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 2 and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 23 and 25 of U.S. Patent No. 10,612,271. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 2 and 12 are generic to all that is recited in claims 23 and 25 of U.S. Patent No. 10,612,271. In other words, claims 23 and 25 of U.S. Patent No. 10,612,271 fully encompasses the subject matter of claims 2 and 12 and therefore anticipates claims 2 and 12.
Claims 2, 6, 11, 12, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 6, 11 and18 of U.S. Patent No. 12,359,463. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 2, 6, 11, 12, and 17 are generic to all that is recited in claims 1, 6, 11 and18 of U.S. Patent No. 12,359,463. In other words, claims 1, 6, 11 and18 of U.S. Patent No. 12,359,463 fully encompasses the subject matter of claims 2, 6, 11, 12, and 17 and therefore anticipates claims 2, 6, 11, 12, and 17.
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) 2-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Number 11,220,840 to Farag.
Farag disclose a rekeyable lock cylinder comprising: a cylinder body (214) extending along a longitudinal axis, the cylinder body defining an interior surface having a first engaging groove (230) extending along the longitudinal axis; and a plug assembly (216) at least partially disposed within the cylinder body and selectively rotatable around the longitudinal axis, the plug assembly comprising: a plug body (232); a plurality of spring-loaded key followers (238) slidably mounted on the plug body, each of the plurality of spring-loaded key followers having at least one rack engagement feature (231); a carrier subassembly (234) supported on the plug body, the carrier subassembly comprising: a carrier (270) slidably supported on the plug body; a plurality of racks (272) slidably mounted on the carrier, each of the plurality of racks having a plurality of key follower engagement features (271) defined on a first side and configured to selectively engage the at least one rack engagement feature of a corresponding spring-loaded key follower, wherein each of the plurality of racks is selectively disengageable from the plurality of spring-loaded key followers via longitudinal movement of the carrier relative to the plug body to facilitate rekeying of the lock cylinder, each of the plurality of racks also having a second engaging groove (204) recessed within a second side opposite the first side; and a locking bar (274) supported on the carrier and movable between at least a locked position, whereby the plug assembly is blocked from rotating around the longitudinal axis, and an unlocked position whereby the plug assembly is allowed to rotate around the longitudinal axis, the locking bar having a first side and an opposite second side extending transversely relative to the longitudinal axis, the locking bar biased so that the second side is urged toward the plurality of racks and toward the unlocked position (via 278), wherein in the locked position, at least one of the second engaging grooves of the plurality of racks is not aligned with the locking bar and the first side of the locking bar is disposed at least partially within the first engaging groove of the cylinder body (column 8, lines 8-21), wherein when the locking bar is in the locked position, engagement between the first side of the locking bar and the first engaging groove of the cylinder body substantially isolates rotational force applied to the plug assembly from the plurality of racks (column 8, lines 8-21), and wherein when the locking bar is moved from the unlocked position toward the locked position, one or more of the second engaging grooves cams the locking bar at least partially into the first engaging groove and into a position in which the locking bar blocks the rotation of the plug assembly around the longitudinal axis (column 8, lines 22-35), as in claim 2.
Farag also disclose the first engaging groove includes opposing parallel planar surfaces and the first side of the locking bar includes corresponding opposite parallel planar surfaces (shown in figures 6 and 7), as in claim 3, wherein when the locking bar is in the locked position, the opposing parallel planar surface of the first engaging groove and the opposite parallel planar surface of the first side of the locking bar restricts rotation of the locking bar relative to the plurality of racks when the rotational force is applied to the plug assembly (column 8, lines 8-21), as in claim 4, and the first side of the locking bar includes a sidewall extending between the opposite parallel planar surfaces, and wherein edges connecting the sidewall to the opposite parallel planar surfaces are squared-off, as in claim in figure 2), as in claim 5, as well as the carrier subassembly further includes at least one biasing member (278) biasing the locking bar towards the plurality of racks, as in claim 6.
Farag further disclose the second side of the locking bar includes a flange (202) and the second engaging groove of each of the plurality of racks has a corresponding flange shape, and wherein a size of the flange shape of the second engaging groove is larger than the flange of the second side of the locking bar (column 5, lines 9-27), as in claim 7, wherein when the locking bar is in the unlocked position, the flange of the second side of the locking bar is completely disposed within the second engaging groove of each of the plurality of racks and with additional groove space above and below the flange (column 8, lines 8-35), as in claim 8, and misalignment between the second engaging groove of at least one of the plurality of racks relative to the second side of the locking bar causes the second engaging groove to retain the flange of the locking bar in the locked position (column 8, lines 8-35), as in claim 9, as well as the second side of the locking bar defines a first height of the locking bar, the flange tapering inwards from the first height of the locking bar, and wherein the second engaging groove has a second height defined at the second side of each of the plurality of racks, the second height of the second engaging groove greater than the first height of the locking bar (best shown in figures 6 and 7), as in claim 10, and where the flange has an extension length transverse to the first height of the locking bar and the second engaging groove has a recessed length transverse to the second height of the second engaging groove, and wherein the recessed length of the second engaging groove is greater than the extension length of the flange (column 5, lines 9-27), as in claim 11.
Farag additionally disclose a rekeyable lock cylinder comprising: a cylinder body (214) extending along a longitudinal axis, the cylinder body defining an interior surface having a first engaging groove (230) extending along the longitudinal axis, the first engaging groove having opposing parallel planar surfaces; and a plug assembly (216) at least partially disposed within the cylinder body and selectively rotatable around the longitudinal axis, the plug assembly comprising: a plug body (232); a plurality of key followers (238) slidably mounted on the plug body, the plurality of key followers selectively movable in a first transverse direction that is orthogonal to the longitudinal axis, each of the plurality of key followers having at least one rack engagement feature (231); a plurality of springs corresponding to the plurality of key followers and biasing the plurality of key followers along the first transverse direction; a carrier subassembly (234) supported on the plug body, the carrier subassembly comprising: a carrier (270) slidably supported on the plug body; a plurality of racks (272) supported on the carrier and slidable along the first transverse direction, each of the plurality of racks having a first side defining a plurality of key follower engagement features (271) configured to selectively engage the at least one rack engagement feature of a corresponding key follower and a second side defining a second engaging groove (204), wherein each of the plurality of racks are selectively disengageable from the plurality of key followers via longitudinal movement of the carrier relative to the plug body to facilitate rekeying of the lock cylinder; and a locking bar (274) supported on the carrier and slidable relative to the carrier along a second transverse direction orthogonal to both the first transverse direction and the longitudinal axis between at least a locked position and an unlocked position, the locking bar having a first side and an opposite second side extending along the second transverse direction, the first side having opposite parallel planar surfaces, the second side defining a flange (202), and wherein when the locking bar is in the locked position, the first side of the locking bar is at least partially received within the first engaging groove of the cylinder body for engagement between corresponding planar surfaces (column 8, lines 9-21), and wherein when the locking bar is in the unlocked position, the flange of the locking bar is received within the second engaging groove of the plurality of racks allowing rotation of the plug assembly around the longitudinal axis (column 8, lines 22-35); and at least one biasing member (278) biasing the locking bar towards the unlocked position, as in claim 12.
Farag also disclose the opposite parallel planar surfaces of the first side of the locking bar define a first height of the locking bar along the first transverse direction, and the second engaging groove on each of the plurality of racks has a second height extending along the first transverse direction and on the second side of each of the plurality of racks, and wherein the second height is greater than the first height (column 5, lines 9-27), as in claim 13, and the opposite parallel planar surfaces of the first side of the locking bar extend to the flange and the flange tapers inward from the opposite parallel planar surfaces, and wherein when the locking bar is in the unlocked position, a portion of the opposite parallel planar surfaces extend into the second engaging groove on each of the plurality of racks (column 5, lines 9-27), as in claim 14, as well as the flange has a substantially triangular cross-sectional shape with opposite oblique surfaces, the second engaging groove on each of the plurality of racks has a corresponding triangular shape with opposing oblique surfaces, and wherein a length of the opposing oblique surfaces of the second engaging groove is greater than a length of the opposite oblique surfaces of the flange (column 5, lines 9-27), as in claim 15, wherein the corresponding oblique surfaces of the second engaging groove and the flange cam so as to move the locking bar along the second transverse direction and into the locked position (best shown in figures 6 and 7), as in claim 16.
Farag further disclose the flange defines an extension length along the second transverse direction and the second engaging groove on each of the plurality of racks define a depth length along the second transverse direction, the extension length of the flange less than the depth length of the second engaging groove (association shown in figures 6 and 7), as in claim 17, and the locking bar has a first longitudinal end and an opposite second longitudinal end defining a longitudinal length and extending along the longitudinal axis, and wherein the first side of the locking bar includes at least one recessed area (296) for receiving the at least one biasing member, the at least one recessed area spaced apart from the first and second longitudinal ends of the locking bar (figure 2), as in claim 18, wherein the flange of the locking bar extends uniformly between the first and second longitudinal ends of the locking bar (figure 2), as in claim 19.
Farag additionally disclose in the locked position of the locking bar, the engagement between corresponding planar surfaces restricts the flange from rotating the plurality of racks (column 8, lines 9-21), as in claim 20, and in the locked position of the locking bar, a portion of the flange is partially disposed within the second engaging groove of at least one of the plurality of racks (column 8, lines 9-21), as in claim 21.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to further show the state of the art with respect to rekeyable lock cylinders:
U.S. Patent Application Publication Number 2025/0188769 to Farag; U.S. Patent Application Publication Number 2025/0043593 to Farag; U.S. Patent Number 12,421,762 to Farag; U.S. Patent Number 12,359,463 to Farag et al.; U.S. Patent Number 12,188,258 to Farag; U.S. Patent Number 12,024,921 to Rufang; U.S. Patent Number 7,213,429 to Armstrong et al.; Canadian Patent Number 2,559,868 to Chong et al.
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.
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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/
February 11, 2026