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 .
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.
Claims 1, 2, 3, 4, 5, 7, 10, 14, 23, 24, 26, 27, 30, and 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hartford, US 9145719 B2.
Regarding claim 1, Hartford teaches an exit device comprising:
a latch (bolt 30) configured to move between an extended latch position and a retracted latch position (col 5, lines 63-col 6, line 8); and
a privacy lock (privacy lock 205) configured to transition between a non-privacy configuration and a privacy configuration, wherein in the privacy configuration the privacy lock is configured to maintain the latch in the extended latch position (col 10, lines 41-51).
Regarding claim 2, Hartford teaches the exit device of claim 1, wherein the privacy lock (205) includes a privacy actuator (privacy lock arm 210) configured to transition from a non-privacy configuration and a privacy configuration (col 10, lines 41-51) and a shaft (see Annotated excerpt Fig 3-Hartford) operatively coupled to the privacy actuator and configured to move between a first shaft position and a second shaft position (col 10, lines 41-51), wherein the shaft is configured to move from the first shaft position to the second shaft position in response to the privacy actuator transitioning from the non-privacy configuration to the privacy configuration, and wherein the shaft is configured to maintain the latch in the extended latch position while in the second shaft position (col 10, lines 41-51 discusses the shaft being rotatable into two positions, one of which is securing the actuator in the locked, extended position).
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Annotated excerpt Fig 3-Hartford
Regarding clam 3, Hartford teaches the exit device of claim 1, further comprising an indicator (see Annotated excerpt Fig 3-Hartford) operatively coupled to the privacy lock (205; see Annotated excerpt Fig 3-Hartford), wherein the indicator is configured to provide a privacy indication in response to the privacy lock transitioning to the privacy configuration (Annotated excerpt Fig 3-Hartford and Fig 2A depict the indicator such that the rotation of the indicator would physically provide a privacy indication of the status of the privacy lock).
Regarding claim 4, Weathersby teaches the exit device of claim 3, further comprising an indicator switch operatively coupled to the privacy lock and the indicator, wherein the indicator switch is configured to indicate to the indicator that the exit device is in the privacy configuration in response to the privacy lock transitioning to the privacy configuration (col 11, lines 11-36 discuss a Hall Effect sensor operatively coupled to 205 and the indicator wherein the sensor, which is a device for making, breaking, or changing the connections in an electrical circuit, thereby meeting the Merriam-Webster definition 5a of switch and the broadest reasonable interpretation of the term, detects and reports the configuration of 205).
Regarding claim 5, Hartford teaches the exit device of claim 3, further comprising an indicator lever operatively coupled to the privacy lock (205; see Annotated excerpt Fig 3-Hartford) and configured to move between an indicator lever non- privacy position and an indicator lever privacy position (col 10, lines 41-51 discusses the shaft being rotatable into two positions), wherein the indicator lever is configured to move to the indicator lever privacy position in response to the privacy lock transitioning to the privacy configuration (col 10, lines 41-51 discusses the operation of 205 using 210), and further comprising a hub (actuator support 25) operatively coupling the privacy lock to the indicator lever (Fig 2A depicts 25 operatively coupling 205 to the indicator lever), wherein the indicator lever is configured to move to the indicator lever privacy position in response to the privacy lock transitioning to the privacy configuration via the hub (col 10, lines 41-51).
Regarding claim 7, Hartford teaches the exit device of claim 1, further comprising a trim lever (actuator 20) operatively coupled to the latch (30) and configured to move between a first trim lever position (Fig 2A) and a second trim lever position (Fig 2B), wherein movement of the trim lever from the first trim lever position to the second trim lever position moves the latch from the extended latch position to the retracted latch position (see movement between Fig 2A and Fig 2B).
Regarding claim 10, Hartford teaches the exit device of claim 2, further comprising a catch (see Annotated excerpt Fig 3-Hartford) configured to selectively maintain the position of the shaft in the second shaft position (Annotated excerpt Fig 3-Hartford depicts the catch to be the protrusion which engages the actuator engagement surface 90 to keep the actuator in the latched position).
Regarding claim 14, Hartford teaches the exit device of claim 1, further comprising an override assembly (door handle 235) configured to override a state of the exit device to move the latch (30) from the extended latch position to the retracted latch position (col 2, line 55-col 3, line 5).
Regarding claim 23, Hartford teaches the exit device of claim 1, further comprising: a privacy actuator (privacy lock arm 210) operatively coupled to the privacy lock (205) and configured to move between a non-privacy position and a privacy position (col 10, lines 41-51), wherein movement of the privacy actuator from the non-privacy position to the privacy position transitions configured to transition the privacy lock from the non-privacy configuration to the privacy configuration (col 10, lines 41-51); a shaft (see Annotated excerpt Fig 3-Hartford) operatively coupled to the privacy actuator and configured to move between a first shaft position and a second shaft position (col 10, lines 41-51) , wherein the shaft is configured to move from the first shaft position to the second shaft position in response to the privacy actuator transitioning moving from the non-privacy position configuration to the privacy position configuration, and wherein the shaft is configured to maintain the latch in the extended latch position while in the second shaft position (col 10, lines 41-51 discusses the shaft being rotatable into two positions, one of which is securing the actuator in the locked, extended position); and an indicator (see Annotated excerpt Fig 3-Hartford) configured to provide an indication associated with the exit device (Annotated excerpt Fig 3-Hartford and Fig 2A depict the indicator such that the rotation of the indicator would physically provide a privacy indication of the status of the privacy lock).
Regarding claim 24, Hartford teaches the exit device of claim 23, further comprising an indicator window through which the indication provided by the indicator is visible (Annotated excerpt Fig 3-Hartford and Fig 11 depict the indicator window to be the opening through which 210 projects out 25 thereby meeting the Merriam-Webster definition 1d of opening and the broadest reasonable interpretation of the term.
Regarding claim 26, Hartford teaches the exit device of claim 23, wherein the indicator (see Annotated excerpt Fig 3-Hartford) includes an indicator plate operatively coupled to the privacy actuator (210; Annotated excerpt Fig 3-Hartford depicts the indicator plate to be the plate structure of 210) and an indicator face (Annotated excerpt Fig 3-Hartford depicts the indicator face to be the plate surface facing outward towards handle 235), wherein the indicator face is coupled to the indicator plate and is configured to provide the indication associated with the exit device (Annotated excerpt Fig 3-Hartford depicts the indicator face coupled to the indicator plate whose position relative to 25 provides an indication associated with the exit device).
Regarding claim 27, Hartford teaches the exit device of claim 26, further comprising an indicator lever operatively coupled to the privacy actuator (205; see Annotated excerpt Fig 3-Hartford) and configured to move between an indicator lever non-privacy position and an indicator lever privacy position discusses the shaft being rotatable into two positions), wherein the indicator lever is configured to move to the indicator lever privacy position in response to the privacy actuator moving transitioning to the privacy configuration position (col 10, lines 41-51 discusses the operation of 205 using 210), and further comprising a hub (actuator support 25) operatively coupling the privacy actuator to the indicator lever (Fig 2A depicts 25 operatively coupling 205 to the indicator lever), wherein the indicator lever is configured to move to the indicator lever privacy position in response to the privacy actuator moving to the privacy position via the hub (col 10, lines 41-51).
Regarding claim 30, Hartford teaches the exit device of claim 27, wherein the indicator lever (see Annotated excerpt Fig 3-Hartford) is configured to rotate between the indicator lever non-privacy position and the indicator lever privacy position (col 10, lines 41-51), wherein the indicator face (Annotated excerpt Fig 3-Hartford depicts the indicator face to be the plate surface facing outward towards handle 235) is configured to move linearly between a first indicator face position and a second indicator face position (col 10, lines 41-51 discusses the rotational movement of 210, Annotated excerpt Fig 3-Hartford depicts that movement would have both vertical and lateral linear components), wherein the indicator lever includes an indicator lever projection configured to engage a groove of the hub (Annotated excerpt Fig 3-Hartford and Fig 11 depicts the indicator lever projection engaged with a long narrow channel of 25 thereby meeting the Merriam-Webster definition 1 of groove and the broadest reasonable interpretation of the term).
Regarding claim 34, Hartford teaches the exit device of claim 1, further comprising: a latch actuator (actuator 20) configured to move between an unactuated position (Fig 2A)and an actuated position (col 6, line 17-col 7, line 13); a coupling (second bolt piece 82; actuator engagement surface 90) configured to move between a coupled position (Fig 2B) and a decoupled position (Fig 2A), wherein in the coupled position the coupling is configured to operatively couple the latch actuator and the latch such that movement of the latch actuator from the unactuated position to the actuated position moves the latch from the extended latch position to the retracted latch position (see movement between Fig 2A and Fig 2B); and the privacy lock including a button (roller busing 145) configured to move between a first button position (Fig 2B) and a second button position (Fig 2A), wherein movement of the button from the first button position to the second button position moves the coupling to the decoupled position (see movement between Fig 2B to Fig 2A).
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.
Claims 8 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Hartford, US 9145719 B2.
Regarding claim 8, Hartford teaches the exit device of claim 1, further comprising a lever arm (second bolt piece 82) operatively coupled to the latch (see Annotated excerpt Fig 3-Hartford) and configured to move between a first lever arm position (Fig 2A) and a second lever arm position (Fig 2B), wherein movement of the lever arm from the first lever arm position to the second lever arm position moves the latch from the extended latch position to the retracted latch position (see movement from Fig 2A to Fig 2B), and further comprising a push bar (handle 235; 235 is a push member operated in the direction of the arrow in Fig 2B; In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966), the court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant; therefore, instant specification [0045] discusses actuator beings handles, levers, knobs, or push bars which are further discussed throughout the specification “such as” which implies no particular significance, therefor Hartford’s round 235 is a push bar) operatively coupled to the lever arm (Fig 2B depicts the operative coupling) and moveable between an unactuated push bar position (Fig 2A) and an actuated push bar position (Fig 2B), wherein movement of the push bar from the unactuated push bar position to the actuated push bar position moves the lever arm from the first lever arm position to the second lever arm position (see movement from Fig 2A to Fig 2B).
Regarding claim 33, Hartford teaches the exit device of claim 27, wherein the indicator (see Annotated excerpt Fig 3-Hartford) is configured to illuminate at least a portion of the hub (25; Annotated excerpt Fig 3-Hartford depicts the indicator to be part of 210 which is part of 205 which would also compromise the shaft of 205 where the col 11, lines 11-36 discussed magnet would be located and how it triggers a status illumination, therefore indicator is structurally capable without modification of triggering the illumination of at least portion of 25; In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device; it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application that rearranging the illumination would not have modified operation of the exit device, therefore Hartford teaches an indicator configured to illuminate at least a portion of the hub).
Allowable Subject Matter
Claims 16 and 44 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all the limitations of the base claim and any intervening claims.
Regarding claim 16, while Hartford teaches a privacy actuator, one of ordinary skill in the art would not find it obvious to modify Hartford as claimed in the instant application wherein the privacy lock includes a push and turn privacy actuator, wherein the push and turn privacy actuator is configured to move between a first linear position and a second linear position, and wherein the push and turn privacy actuator is configured to move between a first rotational position and a second rotational position, and wherein the push and turn privacy actuator is configured to remain in the second linear position in response to movement from the first rotational position to the second rotational position; without the use impermissible hindsight and/or destroying the reference.
Regarding claim 44, while Hartford teaches it is known in the art for an exit device to comprise a button, one of ordinary skill in the art would not find it obvious to modify Hartford as claimed in the instant application; wherein the button is a push and turn button further configured to rotate between a first rotational position and a second rotational position, and wherein the push and turn button is configured to remain in the second button position in response to rotation from the first rotational position to the second rotational position; without the use impermissible hindsight and/or destroying the reference.
Claims 17, 18, 20, 21,47, 48, and 49 are allowed.
Regarding claim 17, while Anderson et al., US 4813723 A, teaches it is known in the art for an exit device comprising: a latch movable between an extended latch position and a retracted latch position (col 2, line 65-col 3, line 32), a shaft (shaft 113) configured to move linearly between a first shaft linear position and a second shaft linear position and rotate between a first shaft rotational position and a second shaft rotational position (col 10, lines 14-22), a privacy actuator (locking button 122) movably coupled to the shaft and configured to move between a non- privacy position and a privacy position (col 10, lines 14-22), wherein movement of the privacy actuator from the non- privacy position to the privacy position moves the shaft from the first shaft linear position and the second shaft linear position (col 10, lines 14-22); one of ordinary skill in the art would not find it obvious to modify Anderson as claimed in the instant application; wherein the shaft is configured such that rotation of the shaft from the first shaft rotational position to the second shaft rotational position while the shaft is in the first shaft linear position moves the latch from the extended latch position to the retracted latch position; and a catch configured to selectively maintain the shaft in the second shaft linear position; without the use of impermissible hindsight and/or destroying the reference.
Regarding claims 18, 20, and 21, they are allowable because they pend from claim 17.
Regarding claim 47, while Weathersby, US 9371671 B2, teaches it is known in the art for an exit device comprising: a latch (latch 62) movable between an extended latch position and a retracted latch position (col 3, lines 6-26); a block (bolt retractor 140) movable between a first block position and a second block position, wherein movement of the block from the first block position to the second block position moves the latch from the extended latch position to the retracted latch position (col 6, lines 18-45); a slide (cam element 22) movable between a first slide position and a second slide position (col 7, lines 8-21); a stop lever (connecting segment 86) movable between a coupled position and a decoupled position, wherein the stop lever is configured to couple movement of the block with the slide while the stop lever is in the coupled position, and wherein, in the decoupled position, the block is decoupled from movement with the slide (col 7, lines 22-48); and Hartford, US 9145719 B2, teaches a privacy lock configured to transition between a non-privacy configuration and a privacy configuration (cold 10, lines 41-51), one of ordinary skill in the art would not find it obvious to modify Weathersby in view of Hartford as claimed in the instant application wherein the privacy lock is configured such that transitioning the privacy lock from the non-privacy configuration to the privacy configuration moves the stop lever to the decoupled position; without the use of impermissible hindsight and/or destroying the references.
Regarding claims 48 and 49, they are allowable because they pend from claim 47.
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 for door locks and exit devices.
Zarzycki, US 5947534 A, teaches a panic exit device suitable for use with standard doors and mortise locks.
Blanch, US 7870770 B2, teaches three mode lock with a privacy mode.
Klevens, US 10081968 B2, teaches a restroom stall occupancy indicator system with an indicator switch.
Hoiland et al., US 12234668 B2, teaches an exit device assembly with an indicator.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A TULLIA whose telephone number is (571)272-6434. The examiner can normally be reached M-F 8-5 ET.
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/STEVEN A TULLIA/Examiner, Art Unit 3675