DETAILED ACTION
Priority
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
2. 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.
3. Claims 9-13 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.
Regarding claim 9, from which claims 10-13 depend, the limitation “a first lock part (314) extending from the side surface of the latching main body (31) to the locking engagement part (130) latches to the first part (130a) of the locking engagement part (130) to limit the first part (130a) along a vertical direction” is indefinite because it is not clear how the first lock part (314) latches to the first part (130a).
Claim Rejections - 35 USC § 102
4. 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.
5. Claims 1-7 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5,620,213 (Ellis).
Regarding claim 1, Ellis teaches a latching mechanism for a case (although not expressly applied to a case, the latch is capable of use in the intended manner by teaching all claimed physical structure of the latching mechanism, and capable of being applied to a case), being used to lock with a locking engagement part (30) connected to the case, comprising:
a latching main body (11) being rotatably connected to a sidewall (14A) of the case (10) around a first axis (defined by pin 53) extending in a horizontal direction (the mechanism is capable of orientation such that the axis extends in a horizontal direction);
an auxiliary latching unit (13) connected to the latching main body and being rotatable with the latching main body (by pin 66) relative to the case (latching unit 13 pivots relative to latching main body 11 which pivots relative to case 10);
wherein,
in the process of the latching main body rotating relative to the case and the change of position of the latching main body relative to the case, the latching main body has at least a first locking state when locked to the locking engagement part (see engagement of 71 and 31 in Fig. 7), and a first unlocking state when separated from the locking engagement part (see disengagement of 71 and 31 in Fig. 8);
when the latching main body is in the first locking state, the auxiliary latching unit locks to the locking engagement part (see engagement of 71 and 31 in Fig. 7), the auxiliary latching unit has a trigger portion (68) which is capable of driving the auxiliary latching unit to detach from the locking engagement part under an external force (see col. 5, lines 47-52);
the auxiliary latching unit is disposed at a back of the latching main body and is invisible seen from the front of the case under the cover of the latching main body (see Fig. 2 whereby the trigger 13 is not visible as it is hidden underneath the latching main body 11);
when the latching main body is in the first locking state, an operating space is defined on the latching main body or between the latching main body and the component which has the locking engagement part (see space under 13 in Fig. 7), the operating space allows an operator's finger to reach into the operating space and operate the trigger portion for unlocking the auxiliary latching unit from the locking engagement part (Examiner notes the reference expressly teaches grasping of the trigger by a finger in col. 5, lines 47-52; the space is not seen as a physical component of the claimed latching mechanism, and relies on the combination of the latching mechanism and the surface on which it is applied; the device of Ellis is capable of use in the intended manner as seen in Fig. 7).
Regarding claim 2, the latching main body has a connecting portion (56) being connected to the case (by pin 53; see Fig. 7), and an operating part (46) being located at an end of the latching main body away from the connecting portion;
when the latching main body is in the first locking state (Fig. 7), the operating space is defined between the operating part of the latching main body and the component which has the locking engagement part, and at least a part of the auxiliary latching unit is located in the operating space (see Fig. 7 showing 13 located between 44 and 31).
Regarding claim 3, the entire auxiliary latching unit is located in the operating space (see 13 located entirely below 44 in Fig. 7).
Regarding claim 4, the auxiliary latching unit is rotatably connected to the latching main body around a second axis (defined by pin 66) which is parallel to the first axis (pin 66 is parallel to pin 53);
when changing positions in a rotation relative to the latching main body, the auxiliary latching unit is in a second locking state when locking the locking engagement part (see location of 13 in Fig. 7) or in a second unlocking state when detachably unlocking the locking engagement part (see location of 13 in Fig. 8).
Regarding claim 5, the auxiliary latching unit comprises the trigger portion extending from a portion where the second axis located of the auxiliary latching unit towards the operating part of the latching main body (trigger portion 13 extends from second axis at pin 66 towards operating part 46 as seen in Fig. 7) and a limit stop (unlabeled; see annotated Fig. 9 below) extending from the portion where the second axis located of the auxiliary latching unit towards the connecting portion of the latching main body (see annotated Fig. 9 below);
when being subjected to an external force, the trigger portion is moved towards the latching main body so that the trigger portion unlocks the locking engagement part (trigger 13 is pressed into recess 48; see col. 6, lines 10-13).
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Regarding claim 6, further comprising an elastic member (67) acting on the auxiliary latching unit (see col. 5, lines 36-40); wherein the elastic member urges the trigger portion of the auxiliary latching unit away from the latching main body (see col. 5, lines 36-40); the limit stop of the auxiliary latching unit is capable of resisting against an inner side wall of the latching main body to make the movement of the trigger portion of the auxiliary latching unit (see abutment of limit stop with a vertical portion of the underside of the latching main body in annotated Fig. 9 above) in a certain range.
Regarding claim 7, a side wall of the latching main body in the first locking state facing the locking engagement part of the case is defined as the inner side wall of the latching main body (see surface 49 on the underside of main body 44 in Fig. 7); the elastic member is a spring (67 is expressly taught to be a “spring arm”; col. 5, lines 36-40) and the spring resists between the trigger portion of the auxiliary latching unit and the inner side wall of the latching main body (see location of 67 in Fig. 7).
Regarding claim 14, a side wall (43) of the latching main body in the first locking state away from the locking engagement part is defined as an outer side wall of the latching main body (see e.g. Fig.1 or Fig. 2), the outer side wall of the latching main body is constructed as a complete plane or curved structure (appears to be at least partially planar or partially curved in Fig. 6).
Claim Rejections - 35 USC § 103
6. 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.
7. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over US 5,620,213 (Ellis) as applied above under 35 U.S.C. 102(a)(1) to claim 7, in view of US 8,944,476 (Henderson).
Regarding claim 8, Ellis as applied above fails to teach the claimed limitations.
Henderson, analogous to biased relative movement between a trigger and main latch body, teaches a spring (211) having a first end and a second end, the first end of the spring is sleeved onto a first position column (213), the first position column is disposed on the inner side wall of the latching main body (see Fig. 2B), the trigger portion (106) has a side wall facing the inner side wall of the latching main body (see Figs. 3A and 3B), a second position column (206) is disposed on the side wall of the trigger portion of the auxiliary latching unit and the second end of the spring is sleeved on the second position column (see Fig. 2A).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the latching mechanism of Ellis, simply substituting a coil spring as taught by Henderson for the spring arm, motivated by the use of a suitable compressive biasing force as opposed to a cantilevered biasing force, having a predictable outcome absent a teaching of an unexpected result. See KSR International Co. v. Teleflex Inc. et al., 550 U.S. 2007 at 13, lines 22-25 which states, “When a work is available in one field of endeavor, design incentives ...can prompt variations of it, either in the same field or a different one. Furthermore, see id. at 13, lines 27-31 which states “if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious”.
Regarding the physical combination, the question is not whether the prior art devices can be physically combined, but whether a person of ordinary skill in the art would have found it obvious to combine different features or elements of known devices in a predictable way. See Orthopedic Equip. Co. v. United States, 702 F.2d 1005, 1013 (Fed. Cir. 1983): "There is a distinction between trying to physically combine the two separate apparatus disclosed in two prior art references on the one hand, and on the other hand trying to learn enough from the disclosures of the two references to render obvious the claims in suit. ...Claims may be obvious in view of a combination of references, even if the features of one reference cannot be substituted physically into the structure of the other reference." See MPEP 2145(III).
8. Claims 15-21 are rejected under 35 U.S.C. 103 as being unpatentable over US 5,620,213 (Ellis) as applied above under 35 U.S.C. 102(a)(1) to claim 1, in view of US 2006/0042897 (Sanderson).
Regarding claim 15, Ellis as applied above fails to teach the limitations of the claim.
Sanderson, analogous to latches with triggers, teaches use of a latching mechanism on a case including a case body (53) having a top opening (unlabeled; defined radially inside of the unlabeled projection which compresses gasket 54 in Fig. 3) and a lid (52) which can be opened or closed is disposed on a top opening of the case body;
wherein, a locking engagement part (51) is connected to one of the case body or the lid (connected to the case body 53 as seen in Fig. 3), a latching mechanism (1) is connected to the other of the case body and the lid (see latching mechanism 1 connected to lid 52 in Fig. 3);
when the lid is closed on the top opening of the case body, the lid is locked to the case body by the latching mechanism locking to the locking engagement part (see locked configuration in Fig. 6).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to apply the latching mechanism of Ellis to a case such as that taught by Sanderson, motivated by the use of a suitable latching mechanism to secure the lid in the closed position, having a predictable outcome absent a teaching of an unexpected result. See KSR International Co. v. Teleflex Inc. et al., 550 U.S. 2007 at 13, lines 22-25 which states, “When a work is available in one field of endeavor, design incentives ...can prompt variations of it, either in the same field or a different one. Furthermore, see id. at 13, lines 27-31 which states “if a technique has been used to improve one device, and a person of ordinary skill in the art would recognize that it would improve similar devices in the same way, using the technique is obvious”.
Regarding claim 16, the case body comprises a bottom wall (unlabeled; seen on the bottom of 53 in Fig. 1) and a first side wall (53) vertically extending upward from a periphery of the bottom wall (see Figs. 1 and 2), the case body has a flange protruding from the first side wall of the case body to the outside, the flange comprises a flange body (unlabeled; see annotated Fig. 3) and a first stopper (51; see annotated Fig. 3) extending downward from a bottom of the flange body, a gap exists between the first stopper and the first side wall of the case body (unlabeled; seen on the bottom of 53 in Fig. 1);
the lid (52) comprises a top wall (location where 52 points in Figs. 3 and 4) and a second side wall (e.g. wall between 52 and 54 in Fig. 3) vertically extending downward from a periphery of the top wall (clearly shown in Fig. 3), the latching mechanism is vertically disposed at the second side wall of the lid and opposite the flange at the first side wall of the case body (see location of latching mechanism 1 in Figs. 3 and 4; it would be obvious to locate the latching mechanism of Ellis in an analogous location);
when the latching main body of the latching mechanism is in the first locking state, a part of the latching main body is locked to the bottom of the flange body (see Fig. 4; the modified case of Ellis in view of Sanderson will operate in an analogous manner);
when the auxiliary latching unit is locked, a part of the auxiliary latching unit is limited at a side of the first stopper facing towards the case body, the flange is defined as the locking engagement part (see location of 7 relative to 51 in Figs. 3 and 4; the modified case of Ellis in view of Sanderson will have an analogous construction).
Regarding claim 17, a part where the first stopper of the flange is connected to the flange body is located at a middle position of the flange body in a lateral direction (Examiner notes Sanderson Fig. 1 showing how the flange stopper is the lower edge of the flange body, has the same length, and is thus located in the middle, as no part of it is asymmetrical with the flange body);
when in the first locking state, the latching main body is locked to the bottom of the flange body on left and right sides of the first stopper (Sanderson Fig. 2 shows how a latch spans the width of the flange stopper and is thus locked to left and right sides, e.g. portions to the left and right of the middle of the flange stopper).
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Regarding claim 18, the first stopper of the flange has an outer side wall, at least a lower portion of the outer side wall is constructed as a guiding slope that vertically inclines downward towards an inside of the case body (see shape of Sanderson 51 in Fig. 3).
Regarding claim 19, two first ribs each extending vertically and protruding outwardly are disposed at the first side wall of the case body corresponding to the left and right sides of the flange (see annotated Fig. 1 below), the latching main body in the first locking state is arranged between the two first ribs (see latching main body 1 in Fig. 2; the combined prior art case will locate the latching main body of Ellis in an analogous location).
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Regarding claim 20, left and right sides of the latching main body respectively attach to opposite side walls of the two first ribs (clearly seen in Sanderson Fig. 1).
Regarding claim 21, the first side wall of the case body has a first edge protruding outward relative to the first side wall formed at a periphery of the top opening on the first side wall (unlabeled; see annotated Sanderson Fig. 3 below), the first edge seals with a bottom periphery of the second side wall of the lid (see Sanderson Fig. 2), a top of the each first rib of the case body is connected to the first edge of the case body (clearly shown in Sanderson Figs. 1 and 2).
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Allowable Subject Matter
9. Examiner notes claims 9-13 are not currently rejected in view of the prior art; however, because claim 9 is rejected above under 35 U.S.C. 112(b), the full scope of a corrected claim 9 cannot be ascertained at this time, and thus no indication of allowability can be made. Claims 10-13 depend from claim 9, and the respective scope of each claim cannot be ascertained either.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES N SMALLEY whose telephone number is (571)272-4547. The examiner can normally be reached M-F 9:00 am to 6:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Jenness can be reached at (571) 270-5055. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES N SMALLEY/Examiner, Art Unit 3733
