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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1, 8 and 23 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 23 of copending Application No. 19/288,904 (reference application). Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1, 8 and 23 are generic to all that is recited in claims 1 and 23 of copending Application No. 19/288,904. In other words, 1 and 23 of copending Application No. 19/288,904 fully encompasses the subject matter of claims 1, 8 and 23 and therefore anticipates claims 1, 8 and 23.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 17, 18 and 21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 17 recites the limitation "the gear" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the resilient connection" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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, 8-14, 16, 20 and 22-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication Number 2022/0049525 to Luebeck.
Luebeck disclose an electronic lock assembly, comprising: a hasp assembly (60) configured for coupling with a self-storage door (20), the hasp assembly including a hasp (64) movable between extended and retracted positions, the hasp including a retention notch (68); a hasp retention assembly (70-90) for selectively retaining the hasp, the hasp retention assembly comprising a frame configured for coupling with a door frame and defining a hasp passageway (58) formed to receive the hasp therein in the extended position, and a latch plate (70) arranged for movement between an unlatched position (figures 3 and 4) permitting movement of the hasp out of the extended position towards the retracted position and a latched position (figure 5) blocking against movement of the hasp out from the extended position within the hasp passageway towards the retracted position, wherein the latch plate includes a hasp opening (space between 72, 74 and 76) arranged to define at least a portion of the hasp passageway, wherein in the extended position within the hasp passageway, the hasp is arranged with alignment between the retention notch and the hasp opening such that arrangement of the latch plate in the latched position engages the latch plate with the retention notch to block against movement of the hasp out from the extended position towards the retracted position (figures 3-5); and a retention control system (40) configured for governing operation of the latch plate between the latched and unlatched positions, as in claim 1.
Luebeck also disclose the hasp retention system includes a pivot key (88) arranged for rotational movement between an unrestricted position to drive the latch plate to the unlatched position to allow the hasp to be removed from the hasp passageway and a restricted position to drive the latch plate to the latched position to retain the hasp to prevent removal from the hasp passageway (figures 3-5), as in claim 8, wherein the pivot key includes a body for pivoting rotation about an axis (90) thereof, the pivot key including an arm (extension with the hook that captures 78) extending from the body for engagement with the latch plate, as in claim 9, and the latch plate defines a slot (formed between 80 and 82 and above 78) extending longitudinally, and the pivot key extends within the slot for selective engagement with an end face defining at least a portion of the slot to maintain the latch plate in the latch position (figures 3 and 5), as in claim 10, as well as the pivot key includes an abutment surface (cavity within 88) extending tangentially relative to direction of pivoting rotation about the axis at the restricted position, wherein in the restricted position of the pivot key, the abutment surface is configured to engage with the end face of slot of the latch plate to block against movement of the latch plate out from the latched position (figure 5), as in claim 11.
Luebeck further disclose in the restricted position, the pivot key is arranged with the abutment surface aligned to abut with the end face of the slot of the latch plate under movement of the latch plate out from the latched position to block against movement of the latch plate out from the latched position as locking (figure 5), and arranged to pass the abutment surface out of alignment with the end face of the slot under rotational movement of the pivot key towards the unrestricted position to allow transition of the latch plate to the unlatched position as unlocking (figure 3), as in claim 12, wherein the pivot key and latch plate are arranged such that abutment between the abutment surface and the end face of the slot, as locking, occurs with movement of the latch plate towards the unlatch position driving force radially into the pivot key (movement shown in figures 3-5), as in claim 13, as well as, in the restricted position, the pivot key extends at least partially into the slot of the latch plate (shown in figures 3-5), as in claim 14.
Luebeck additionally disclose the retention control system comprises an actuator (86) and gear (shaft extending from the actuator), the gear coupled with the pivot key to communicate pivoting rotation to the pivot key, wherein the actuator is configured to rotate the gear responsive to commands for locking and unlocking (paragraph 43), as in claim 16, as well as the hasp assembly comprises no electronic locking device (assembly 60 does not have any electric components), as in claim 20.
Luebeck also disclose an electronic self-storage locking system, comprising: a self-storage door assembly (20) comprising a storage door and a door frame; a hasp assembly (60) coupled with the self-storage door, the hasp assembly including a hasp (64) movable between extended and retracted positions, the hasp including a retention notch (68); a hasp retention assembly (70-90) for selectively retaining the hasp, the hasp retention assembly comprising a frame coupled with the door frame and defining a hasp passageway (58) formed to receive the hasp therein in the extended position, and a latch plate (70) arranged for movement between an unlatched position (figures 3 and 4) permitting movement of the hasp out of the extended position towards the retracted position and a latched position (figure 5) blocking against movement of the hasp out from the extended position within the hasp passageway towards the retracted position, wherein the latch plate includes a hasp opening (space between 72, 74 and 76) arranged to define at least a portion of the hasp passageway, wherein in the extended position within the hasp passageway, the hasp is arranged with alignment between the retention notch and the hasp opening such that arrangement of the latch plate in the latched position engages the latch plate with the retention notch to block against movement of the hasp out from the extended position towards the retracted position (figures 3-5); and a retention control system (40) configured for governing operation of the latch plate between the latched and unlatched positions, as in claim 22.
Luebeck further disclose an electronic lock for a self-storage door assembly (20), the lock comprising: a hasp retention assembly (70-90) for selectively retaining a hasp (64) of a self-storage door, the hasp retention assembly comprising a frame coupled with a door frame and defining a hasp passageway (58) formed to receive a hasp therein in an extended position from a self-storage door, and a latch plate (70) arranged for movement between an unlatched position (figures 3 and 4) permitting movement of the hasp out of the extended position towards the retracted position and a latched position (figure 5) blocking against movement of the hasp out from the extended position within the hasp passageway towards the retracted position, wherein the latch plate includes a hasp opening (space between 72, 74 and 76) arranged to define at least a portion of the hasp passageway, wherein in the extended position within the hasp passageway, the hasp is arranged with alignment between the retention notch and the hasp opening such that arrangement of the latch plate in the latched position engages the latch plate with the retention notch to block against movement of the hasp out from the extended position towards the retracted position (figures 3-5); and a retention control system (40) configured for governing operation of the latch plate between the latched and unlatched positions claim 23.
Allowable Subject Matter
Claims 2-7, 15, 17-19 and 21 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.
The following is a statement of reasons for the indication of allowable subject matter: The claims are allowable over the prior art of record because the teachings of the references taken as a whole do not teach or render obvious the combination set forth, including that of the retention control system includes at least one sensor arranged to detect the presence of the hasp within the hasp passageway in the extended position; the latch plate is arranged to move linearly between the latched and unlatched positions, and tangentially or secantially with partial overlap relative to the pivoting rotation of the pivot key from the restricted position; another end such that gear rotation provides torque force to the rotational spring and applies resilient torque force to the pivot key; and the gear includes a hub and shaft each extending coaxially, and defining a spring receiver radially therebetween, wherein the rotational spring is received at least partially within the spring receiver having the another end engaged with a circumferentially facing surface to apply torque force to the rotational spring.
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 door lock assemblies:
U.S. Patent Number 12,234,671 to Luebeck; U.S. Patent Number 12,183,142 to Roy et al.; U.S. Patent Number 12,123,222 to Schroeder et al.; U.S. Patent Number 11,920,378 to Barnett, III et al.; U.S. Patent Number 11,795,737 to Underwood et al.; U.S. Patent Number 10,400,472 to Schultz; U.S. Patent Number 8,814,233 to Leska et al.; U.S. Patent Number 5,029,912 to Gotanda.
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/
July 14, 2026
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