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 Objections
Claim(s) 6 objected to because of the following informalities: claim(s) should be amended to recite “wherein the back plate includes a locking assembly configured to lock a position of [[the]] a second section relative to [[the]] a first section”. Appropriate correction or clarification is required.
Claim(s) 7 objected to because of the following informalities: claim(s) should be amended to recite “wherein a plurality of teeth [[are]] is disposed on a surface of [[the]] a second section, and a spring biased member is disposed on a surface of [[the]] a first section, wherein the spring biased member is configured to engage the teeth to lock a position of the second section relative to the first section.
Claim(s) 9 objected to because of the following informalities: claim(s) should be amended to recite “wherein the respective corner[[s]] sections are disposed at opposing ends of a diagonal therebetween.” Appropriate correction or clarification is required.
Claim(s) 12 objected to because of the following informalities: claim(s) should be amended to recite “wherein [[the]] each corner section includes a plate comprising a first plurality of teeth”. Appropriate correction or clarification is required.
Claim(s) 13 objected to because of the following informalities: claim(s) should be amended to recite “The security device of claim [[1]] 10.” Appropriate correction or clarification is required.
Claim(s) 15 objected to because of the following informalities: claim(s) should be amended to recite “a first locking assembly configured to lock a height of the first corner section and a second locking assembly [[assembly]] configured to lock a height of the second corner section”. Appropriate correction or clarification is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-10 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Perez (US-20120103863-A1).
With regards to claim 1, Perez discloses a security device (10 Figure 1) comprising:
a back plate (33 Figure 1) having a first end (right end, Figure 1) and a second end (left end, Figure 1);
a first corner section (20 Figure 1) pivotally connected to the first end of the back plate (Para. 0032), and a second corner section (18 Figure 1) pivotally connected to the second end of the back plate (Para. 0032), each corner section configured to receive a respective corner of an item (28 Figure 3) to be secured (as shown Figure 4).
With regards to claim 2, Perez discloses the security device of claim 1, wherein the first and second corner sections (18, 20 Figure 1) are configured to pivot about first and second pivots (22, 24 Figure 1) disposed in a common plane (a plane parallel to back plate 33, Figure 1).
With regards to claim 3, Perez discloses the security device of claim 2, wherein the common plane (a plane parallel to back plate 33, Figure 1) is defined by a longitudinal axis of the back plate (oriented in the vertical direction of Figure 2) and a transverse axis perpendicular to the longitudinal axis (oriented in the horizontal direction of Figure 2).
With regards to claim 4, Perez discloses the security device of claim 1, wherein the back plate (33 Figure 1) comprises a first section (14 Figure 1) and a second section (12 Figure 1), wherein the second section is telescopically received by the first section (Para. 0033).
With regards to claim 5, Perez discloses the security device of claim 1, wherein the back plate (33 Figure 1) comprises a first section (13 Figure 1) in sliding engagement with a second section (12 Figure 1), wherein the first section and the second section cooperate to adjust a length of the back plate (Para. 0035).
With regards to claim 6, Perez discloses the security device of claim 1, wherein the back plate (33 Figure 1) includes a locking assembly (16 Figure 1) configured to lock a position of the second section (12 Figure 1) relative to the first section (14 Figure 1)(Para. 0032).
With regards to claim 7, Perez discloses the security device of claim 1, wherein a plurality of teeth (26 Figure 10) are disposed on a surface of the second section (12 Figure 10), and a spring biased member (34 Figure 10) is disposed on a surface of the first section (14 Figure 10), wherein the spring biased member is configured to engage the teeth to lock a position of the second section relative to the first section (Para. 0042).
With regards to claim 8, Perez discloses the security device of claim 7, wherein the spring biased member (34 Figure 10) comprises a ferrous material that is attractable to a magnet such that the spring biased member is deflected away from the teeth (26 Figure 10) when subjected to a magnetic field created by a magnet (Para. 0044).
With regards to claim 9, Perez discloses the security device of claim 1, wherein the respective corners (18, 20 Figure 1) are disposed at opposing ends of a diagonal therebetween (as shown Figure 4).
With regards to claim 10, Perez discloses the security device of claim 1, wherein the first corner section and the second corner section (18, 20 Figure 1) each comprise an upper section (17, 25 Figure 1) and a lower section (11, 21 Figure 1) defining an opening configured to receive the respective corner of the item (28 Figure 3) to be secured (as shown Figure 3).
With regards to claim 14, Perez discloses the security device of claim 1, wherein the back plate (33 Figure 1) defines a housing (as shown Figure 10), said housing dimensioned to accommodate at least one of a ferrite rod, an EAS tag, an AM tag, a RF tag, a sensor, and a magnet (Para. 0044).
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) 11-13 and 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Perez in view of Lien (US-12234944-B2). All citations refer to the Lien reference unless otherwise noted.
With regards to claim 11, Perez discloses the security device of claim 10.
Perez does not disclose wherein one of the upper section (17, 25 Figure 1) and the lower section (11, 21 Figure 1) comprises a rail, and the other of the upper section and the lower section comprises a track or groove, wherein the rail is configured to move in the track or groove to adjust a height of the opening.
However, Lien discloses a related security device (900 Figure 13A) comprising an expandable back plate (910 Figure 13A) and corner sections (800 Figure 1A), wherein each corner section includes a locking assembly (200 Figure 1A) configured to lock a height of the corner section (Figures 5B, 6B), wherein one of the upper section (210 Figure 2A) and the lower section (220 Figure 2A) comprises a rail, and the other of the upper section and the lower section comprises a track or groove, wherein the rail is configured to move in the track or groove to adjust a height of the opening (as shown Figures 5B, 6B). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add Tien’s locking assembly and height adjustment features to each of Perez’s corner sections, with a reasonable expectation of success. One would have been motivated to add Tien’s features to allow the security device to be used with containers of various heights.
With regards to claim 12, Perez in view of Lien teaches the security device of claim 11, wherein the corner section (18, 20 Figure 1) includes a plate (310 Figure 5A – Lien) comprising a first plurality of teeth (312 Figure 5A – Lien), and the rail comprises a second plurality of teeth (212 Figure 5A – Lien) configured to engage the first plurality of teeth to lock the height of the opening (as shown Figure 6B – Lien).
With regards to claim 13, Perez in view of Lien teaches the security device of claim 10, wherein the upper section (210 Figure 2A – Lien) slidingly engages the lower section (220 Figure 2A – Lien) such that a height of the respective first and second corner sections is adjustable (as shown Figures 5B, 6B – Lien).
With regards to claim 15, Perez discloses a security device (10 Figure 1) for securing a container (28 Figure 3) comprising:
a back plate (33 Figure 1) comprising a first end (right end, Figure 1) and a second end (left end, Figure 1);
a first corner section (20 Figure 1) removably attached to the first end and a second corner section (18 Figure 1) removably attached to the second end, wherein the first corner section defines a first opening to receive a first corner of the container, and the second corner section defines a second opening to receive a second corner of the container disposed at a diagonal relative to the first corner (as shown Figures 3-4).
Perez does not disclose a first locking assembly configured to lock a height of the first corner section and a second locking assembly configured to lock a height of the second corner section.
However, Lien discloses a related security device (900 Figure 13A) comprising an expandable back plate (910 Figure 13A) and corner sections (800 Figure 1A), wherein each corner section includes a locking assembly (200 Figure 1A) configured to lock a height of the corner section (Figures 5B, 6B). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add Tien’s locking assembly and height adjustment features to each of Perez’s corner sections, with a reasonable expectation of success. One would have been motivated to add Tien’s features to allow the security device to be used with containers of various heights.
With regards to claim 16, Perez in view of Lien teaches the security device of claim 15, wherein the first and second corner sections (18, 20 Figure 1) each comprise a plurality of teeth (212, 312 Figure 5A – Lien) disposed at opposite ends thereof configured to engage a container (28 Figure 3) secured by the security device (10 Figure 1).
With regards to claim 17, Perez in view of Lien teaches the security device of claim 15, wherein the first and second corner sections (18, 20 Figure 1) each include an upper section (210 Figure 2A – Lien) and a lower section (220 Figure 2A – Lien), wherein one of the lower section and the upper section slidably receives the other of the lower section and the upper section to adjust a respective height of the first and second corner sections (as shown Figures 5B, 6B – Lien).
With regards to claim 18, Perez in view of Lien teaches the security device of any of claim 15, wherein the first and second corner sections (18, 20 Figure 1) each include an upper section (210 Figure 2A – Lien) and a lower section (220 Figure 2A – Lien), and wherein the first and second locking assemblies (200 Figure 1A – Lien) each include a plate (310 Figure 5A – Lien), wherein one of the upper section and the lower section defines a first plurality of teeth (212 Figure 5A – Lien) and the plate defines a second plurality of teeth (312 Figure 5A – Lien) configured to engage the first plurality of teeth when the container is received by the security device to lock the container (28 Figure 3) in place (as shown Figure 6B – Lien).
With regards to claim 19, Perez in view of Lien teaches the security device of claim 18, wherein each plate (310 Figure 5A – Lien) includes a protrusion (“spring”, Col. 4 Line 35 – Lien) configured to engage the container (28 Figure 3) to urge the second plurality of teeth (312 Figure 5A – Lien) into engagement with the first plurality of teeth (212 Figure 5A – Lien).
Allowable Subject Matter
Claims 20-21 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: Although the references of record show some features similar to those of applicant's device, the prior art fails to teach or make obvious the claimed invention. With regards to claim 20, Perez in view of Lien teaches the security device of claim 18, wherein the first and second locking assemblies each include a bracket assembly. However, neither Perez nor Lien teaches a configuration wherein the plates and the bracket assemblies are respectively urged both forward and upward when the container is removed from the security device to disengage the upper section from the lower section. Such an arrangement is not taught by the prior art, nor can the Examiner can find teaching or motivation to suggest such a modification to one of ordinary skill in the art without fundamentally altering the principles of operation of the device or otherwise relying upon the benefit of impermissible hindsight reasoning.
Additional Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20100079285-A1: A related security device.
US-12297666-B2: A related security device.
US-20150050077-A1: A related security device.
US-20230151647-A1: A related security device.
US-9097380-B2: A related security device.
US-11680428-B2: A related security device.
US-11363895-B2: A related security device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Noah Horowitz, whose telephone number is (571)272-5532. The examiner can normally be reached Monday - Friday, 11:00AM - 7:00 PM.
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/NOAH HOROWITZ/Examiner, Art Unit 3675
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