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
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) 1-2, 4, 7, 10-17 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by O’Fearna 5,182,928.
In regard to claim 1, O’Fearna discloses a lockout tagout device associated with a fitting comprising:
a body, the body having a first body portion 30 and a second 32 body portion, the second body portion being movable relative to the first body portion about an axis of rotation (at 60, 62) to transform the body between a closed configuration and an open configuration; and
wherein the lockout tagout device is connectable to the fitting 22 such that the axis of rotation is oriented parallel to a longitudinal axis of the fitting.
In regard to claim 2, wherein the body has a first end (where 30 is pointing in fig. 5), a second end 40, a sidewall 42 extending between the first end and the second end, and an internal cavity 44, the first end 30 having an opening for receiving the fitting 22 formed therein.
In regard to claim 4, wherein an end 46 of the fitting 22 is receivable within the internal cavity 44 and a diameter of the opening is smaller than a diameter of the end of the fitting receivable within the internal cavity (element 52 makes the opening in the lockout device smaller than the diameter of 46, as best shown in fig. 2A).
In regard to claim 7, wherein the first body portion includes a first locking hole 84 and the second body portion includes a second locking hole 86, the first locking hole being arranged at a non-parallel angle to the second locking hole when the body is in the open configuration, and the first locking hole being aligned with the second locking hole when the body is in the closed configuration.
In regard to claim 10, wherein the first body portion includes a first engagement member 62 and the second body portion includes a second engagement member 60, the first engagement member being arranged in contact with the second engagement member when the body is in the closed configuration (see fig. 3).
In regard to claim 11, wherein the second engagement member 60 protrudes radially outwardly beyond the sidewall 42.
In regard to claim 12, wherein the body further comprises a tether arm 64 having an opening 84, the opening being arranged parallel to the axis of rotation.
In regard to claim 13, wherein the body is formed from a non-metallic material (plastics, see col. 3, line 11).
In regard to claim 14, O’Fearna discloses a lockout tagout assembly comprising:
a fitting 22;
a lockout tagout device connectable to the fitting, the lockout tagout device including a body, the body having a first body portion 30 and a second body portion 32, the second body portion being movable relative to the first body portion to transform the body between a closed configuration and an open configuration; and
wherein a portion of the body is positionable in contact with the fitting and the portion of the body that is positionable in contact with the fitting (see fig. 2A) is not formed from a metal material (plastics, see col. 3, line 11).
In regard to claim 15, wherein the body further comprises a first end (30 in fig. 5), a second end 40, a sidewall 42 extending between the first end and the second end, and an internal cavity, wherein the internal cavity is not formed from the metal material.
In regard to claim 16, wherein the first end 30 includes an opening, and the fitting 22 is positionable within the opening such that an end of the fitting is arranged within the internal cavity.
In regard to claim 17, wherein a diameter of the opening is smaller than a diameter of a portion of the fitting receivable within the internal cavity (element 52 makes the opening in the lockout device smaller than the diameter of 46, as best shown in fig. 2A).
In regard to claim 20, wherein the second body portion 32 is movable relative to the first body portion 30 about an axis of rotation and the axis of rotation (at 60, 62) is oriented parallel to a longitudinal axis (longitudinal axis of portion 54 in fig. 2B) of the fitting.
Claim(s) 1-4, and 7-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hudman et al. 2009/0158791.
In regard to claim 1, Hudman et al. discloses a lockout tagout device associated with a fitting comprising:
a body 100, the body having a first body portion 124a and a second 124b body portion, the second body portion being movable relative to the first body portion about an axis of rotation 112 to transform the body between a closed configuration and an open configuration; and
wherein the lockout tagout device is connectable to the fitting 116 such that the axis of rotation is oriented parallel to a longitudinal axis of the fitting.
In regard to claim 2, wherein the body has a first end 122a, a second end 126a, a sidewall 124a extending between the first end and the second end, and an internal cavity 135, the first end 30 having an opening for receiving the fitting 22 formed therein.
In regard to claim 3, wherein each of the first body portion and the second body portion, respectively, defines part of the first end 122a, b, the second end 126a, b, and the sidewall 124a, b.
In regard to claim 4, wherein an end 117 of the fitting 116 is receivable within the internal cavity and a diameter of the opening is smaller than a diameter of the end of the fitting receivable within the internal cavity (element 122a,b makes the opening in the lockout device smaller than the diameter of 117).
In regard to claim 7, wherein the first body portion includes a first locking hole 13a and the second body portion includes a second locking hole 132b, the first locking hole being arranged at a non-parallel angle to the second locking hole when the body is in the open configuration, and the first locking hole being aligned with the second locking hole when the body is in the closed configuration.
In regard to claim 8, wherein the first body portion includes a first locking flange 128a extending from the second end of the body and the second body portion includes a second locking flange 128b extending from the second end of the body, the first locking hole 132a being formed in the first locking flange and the second locking hole 132b being formed in the second locking flange.
In regard to claim 9, wherein the first locking flange 128a has a first contoured surface (flat) and the second locking flange 132b has a second contoured surface (flat), the first contoured surface being complementary to the second contoured surface (see the surfaces touching and aligned in fig. 3).
Allowable Subject Matter
Claims 5-6 and 18-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Demeri, Staples, Elsdon, Lacroix, Lenz, Zapushek, Malone, Gilbert, Attia, Falkner and Enger disclose similar devices that are common and well known in the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID E. BOCHNA whose telephone number is (571)272-7078. The examiner can normally be reached Monday-Friday 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Troutman can be reached at (571) 270-3654. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID BOCHNA/Primary Examiner, Art Unit 3679