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 .
This Office Action is in response to applicant’s amendment filed on 7/20/26.
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(s) 20, 21 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Application Publication No 20180119455 to Miller in view of DE 202019103442 to Pudo and US Pat Application Publication No 20190063114 to Attree et al (Attree).
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Regarding claim 20, Miller discloses a locking assembly. The locking assembly comprises a base (42) configured to mount the locking assembly on a surface (39); an electronic lock (34) supported on the base, the electronic lock configured to be electronically actuated to adjust between a locking configuration in which the electronic lock is configured to lock and an unlocked configuration in which the electronic lock is configured to unlock; a cover (34) configured to releasably connect to the electronic lock to cover the electronic lock within; and an externally adjustable cam lock (81) movable independently of the electronic lock between a locked position and an unlocked position, the cam lock being configured to override the electronic lock in the unlocked position such that the system is unlocked, the cam lock being further configured to inhibit removal of the cover in the locked position and to allow removal of the cover in the unlocked position.
Miller fails to disclose that the locking assembly is for locking a cabinet system, wherein the base is configured to be mounted in a cavity formed in a wall of the cabinet system and the removable cover configured to cover the cavity. Miller discloses that the locking assembly is for locking a door (18).
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Pudo teaches that it is well known in the art to provide a similar locking assembly that comprises a release override (12) that moves a sliding bar (13) to manually operate a release toggle (1) to unlock a lock (4), wherein the assembly is used to lock a cabinet.
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Attree teaches that it is well known in the art to provide an electronic lock (200) to include a base configured to mount the lock into a cavity on a cabinet, and a removable cover (at 210) to cover the cavity.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the assembly described by Miller to lock a cabinet door, as taught by Pudo, since a recitation with respect to the manner in which an apparatus is intended to be employed does not impose any structural limitation upon the claimed apparatus, which differentiates it from a prior art reference disclosing the structural limitations of the claim.
Also, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the base Miller mounted on a cavity on the cabinet, as taught by Attree, in order to protect the lock from tampering or the like.
As to claim 21, Miller discloses that the assembly further comprising a retention plate having an opening.
As to claim 23, Miller discloses that the assembly further comprises fasteners releasably fastening the cover to the retention plate.
Allowable Subject Matter
Claims 7, 9, 10 and 15 are allowed.
Claim 22 is 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.
Response to Arguments
With respect to the prior art rejection to claim 7, the current amendment overcomes the previous rejection.
With respect to the prior art rejection to claim 20, the applicant argues that Miller, as modified by Pudo and Attree, fails to disclose the externally adjustable cam lock as claimed.
Applicant argues that the cover's removability in Miller is entirely independent of the key mechanism's rotational state. That there is no structural interaction between the cam/key mechanism and any cover element that causes the cover to be retained in the locked position and released in the unlocked position.
Miller discloses an externally adjustable cam lock (81) movable independently of the electronic lock between a locked position and an unlocked position, the cam lock being configured to override the electronic lock in the unlocked position such that the cabinet system is unlocked.
If someone requires to remove the cover, the assembly needs to be unlocked, and from there, remove the housing and then the cover.
So, Miller discloses the invention as claimed.
Furthermore, there is no structural interaction between the cam/key mechanism and any cover element claimed.
Also, without unscrewing the fasteners, no one can remove the cover by just the cam lock.
Therefore, the rejection is maintained.
Since no argument is persuasive and the examiner will maintain the position shown above, applicant can either 1) clearly claim the invention, or 2) file an appeal brief as his next response to allow the Board of Appeals to decide.
Prosecution has been closed.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS LUGO whose telephone number is (571)272-7058. The examiner can normally be reached M-F 9-6pm.
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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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/Carlos Lugo/
Primary Examiner
Art Unit 3675
August 14, 2026
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