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 Interpretation
For claims 1, 7, 12-16, the preamble of claims 1 and 15 recites locking assembly for a bath including one or more walls and a door repositionable between an open position and a closed position with the bath including one or more walls and a door repositionable between an open position and a closed position recited merely as an intended use, however, the body of the claims 1, 7, 12-16 contain positive recitations of the bath. Consequently, it cannot be determined whether applicant intends to claim the subcombination of the locking assembly or the locking assembly in combination with the bath. In formulating an evaluation on the merits, the examiner is considering that the claims are drawn to the combination, and the claims will be rejected accordingly. If applicant indicates by amendment that the combination claim is the intention, the language of the preamble should be made consistent with the language of the body of the claims. If the intent is to claim the subcombination, then the body of the claim must be amended to remove positive recitations of the combination. Applicant’s intention in regards to the scope of the claim must be clearly established by the claim language.
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) 1, 5, 7-9, 12-14 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henri CH 168066 A (hereinafter Henri) in view of Van Ravenhost US 20080111383 A1 (hereinafter Van Ravenhost).
In regards to claim 1, Henri teaches a locking assembly, the locking assembly comprising: a latch (at least a) coupled to a structure (see fig 3) and configured to move between (i) a locked position (see fig 3) to retain an other structure in the closed position (see fig 3) and (ii) an unlocked position (when rotated out from fig 3) to permit repositioning the other structure between the open position and the closed position (see fig 3); and an adjustment assembly (d and b) including: a first component (at least d; see reference image 1) including an engagement feature along a first face of the first component (portion of d engaging c); and a second component (b) including a plurality of cutouts (c) along a second face of the second component (left face wrt fig 2) and including at least a first cutout (middle length c, see fig 2) defining a first depth and a second cutout (shortest length c, see fig 2) defining a second depth shallower than the first depth (see fig 2), the first cutout and the second cutout each configured to receive the engagement feature of the first component, wherein the first component is movable relative to the second component between a first position and a second position (see page 2 2nd paragraph), wherein, in the first position, the engagement feature of the first component is engaged with the first cutout such that the latch is laterally spaced from the structure by a first distance, and wherein, in the second position, the engagement feature of the first component is engaged with the second cutout such that the latch is laterally spaced from the structure by a second distance greater than the first distance (see page 2 2nd paragraph and fig 2).
However, Henri does not teach the locking assembly for a bath including one or more walls (4) and a door repositionable between an open position and a closed position.
Van Ravenhost teaches a similar locking assembly (see fig 11) a bath including one or more walls (4) and a door (10) repositionable between an open position and a closed position (see fig 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have applied Henri to a bath, such as in Van Ravenhost in order to prevent water leakage (see Van Ravenhost abstract).
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In regards to claim 5, Henri in view of Van Ravenhost teaches the first cutout and the second cutout define a shape complementary to a shape of the engagement feature (Henri: see figs 1-3).
In regards to claim 7, Henri in view of Van Ravenhost teaches the locking assembly of claim 1, wherein the first component includes a first aperture (Henri: hole d projects into) and the second component includes a second aperture (Henri: hole of b), wherein the first aperture and the first aperture are configured to cooperatively receive a fastener (Henri: f) to (i) couple the adjustment assembly to the bath and (ii) selectively retain the first component in the first position or the second position (Henri: see fig 3).
In regards to claim 8, Henri in view of Van Ravenhost teaches the locking assembly of claim 7, wherein the first aperture is structured to enable rotation of the first component relative to the second component between the first position and the second position while the fastener (i) couples the first component to the second component and (ii) remains received within the first aperture and the second aperture (Henri: see page 2 final para).
In regards to claim 12, Henri in view of Van Ravenhost teaches the locking assembly of claim 1, wherein the latch includes a projection (Henri: a) configured to engage with the bath when the latch is in the locked position to retain the door in the closed position (Henri: see fig 3).
In regards to claim 13, Henri in view of Van Ravenhost teaches the locking assembly of claim 1, wherein the latch is rotatably coupled to a wall of the one or more walls of the bath (Van Ravenhost see fig 3).
In regards to claim 14, Henri in view of Van Ravenhost teaches the locking assembly of claim 1, wherein the latch is rotatably coupled to the door of the bath (Van Ravenhost see fig 3; at least when the latch is in contact with the door).
In regards to claim 20, Henri teaches; and a locking assembly including: a latch (a) , the latch movable between (i) a locked position (see fig 3) and (ii) an unlocked position (when rotated from fig 3) ; and an adjustment assembly (d and b), the adjustment assembly including: a first component (d) including an engagement feature (portion of d engaging c); and a second component (b) including a plurality of cutouts (c) including at least a first cutout defining a first depth (longest c), a second cutout (middle length c) defining a second depth shallower than the first depth (see fig 2), and a third cutout (shortest c) defining a third depth, the first cutout, the second cutout, and the third cutout each configured to receive the engagement feature of the first component (see page 2 2nd para), wherein the first component is rotatable relative to the second component between a first position, a second position, and a third position, wherein, in the first position, the engagement feature of the first component is engaged with the first cutout such that the latch is laterally spaced by a first distance (see figs 1-3 and page 2 2nd para), wherein, in the second position, the engagement feature of the first component is engaged with the second cutout such that the latch is laterally spaced by a second distance greater than the first distance (see figs 1-3 and page 2 2nd para), and wherein, in the third position, the engagement feature of the first component is engaged with the third cutout such that the latch is laterally spaced by a third distance greater than the second distance (see figs 1-3 and page 2 2nd para).
However Henri does not teach a bath including: one or more walls defining a bathing volume;a door repositionable between an open position and a closed position to facilitate selective access to the bathing volume, the latch rotatably coupled to a wall of the one or more walls or the door the locked position to retain the door in the closed position and the unlocked position to permit repositioning the door between the open position and the closed position.
Van Ravenhorst teaches a bath including: one or more walls (4) defining a bathing volume (see fig 1); a door (10) repositionable between an open position and a closed position to facilitate selective access to the bathing volume (see fig 1), the latch rotatably coupled to a wall of the one or more walls or the door a locked position to retain the door in the closed position (see fig 15) and an unlocked position (see fig 14 to permit repositioning the door between the open position and the closed position (see fig 14).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have applied Henri to a bath, such as in Van Ravenhost in order to prevent water leakage (see Van Ravenhost abstract).
With the modification above Henri in view of Van ravenhost teaches the adjustment assembly (Henri d and b) coupled between the bath and the latch (as with the modification f would be mounted to a bath; see Henri fig 3).
******* Below is a separate interpretation of claim 1 for the purposes of claim 9.
In regards to claim 1, Henri teaches a locking assembly, the locking assembly comprising: a latch (at least a; see reference image 2) coupled to a structure (see fig 3) and configured to move between (i) a locked position (see fig 3) to retain an other structure in the closed position (see fig 3) and (ii) an unlocked position (when rotated out from fig 3) to permit repositioning the other structure between the open position and the closed position (see fig 3); and an adjustment assembly (d and b) including: a first component (at least d) including an engagement feature along a first face of the first component (portion of d engaging c); and a second component (b) including a plurality of cutouts (c) along a second face of the second component (left face wrt fig 2) and including at least a first cutout (middle length c, see fig 2) defining a first depth and a second cutout (shortest length c, see fig 2) defining a second depth shallower than the first depth (see fig 2), the first cutout and the second cutout each configured to receive the engagement feature of the first component, wherein the first component is movable relative to the second component between a first position and a second position (see page 2 2nd paragraph), wherein, in the first position, the engagement feature of the first component is engaged with the first cutout such that the latch is laterally spaced from the structure by a first distance, and wherein, in the second position, the engagement feature of the first component is engaged with the second cutout such that the latch is laterally spaced from the structure by a second distance greater than the first distance (see page 2 2nd paragraph and fig 2).
However, Henri does not teach the locking assembly for a bath including one or more walls (4) and a door repositionable between an open position and a closed position.
Van Ravenhost teaches a similar locking assembly (see fig 11) a bath including one or more walls (4) and a door (10) repositionable between an open position and a closed position (see fig 1).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have applied Henri to a bath, such as in Van Ravenhost in order to prevent water leakage (see Van Ravenhost abstract).
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In regards to claim 9, Henri teaches the locking assembly of claim 1, wherein the latch defines a cavity, and wherein the adjustment assembly is at least partially disposed within the cavity (Henri, see figs 1 and 3).
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henri as applied to claims 1, 5, 7-9, 12-14 and 20 above, and further in view of King EP 0816606 A2 (hereinafter King).
In regards to claim 2, Henri in view of Van Ravenhorst teaches the locking assembly of claim 1.
However, Henri does not teach wherein the engagement feature is a first engagement feature of a plurality of engagement features extending from the first component, wherein the plurality of cutouts includes a first group of cutouts including the first cutout, and wherein the plurality of cutouts includes a second group of cutouts including the second cutout. Henri only teaches a single engagement feature and a single first cutout and single second cutout.
King teaches a similar device with a plurality of engagement features (5.1, see fig 2C) and a first group of cutouts (group with labeled 19, see figs 4A-4B) including a first cutout and a second group of cutouts (group labeled 20, see figs 4A-4B including a second cutout.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have a plurality of engagement features and a first group and second group of cutouts, such as in King, in Henri as doing so would amount to a mere duplication of parts and involve only routine skill in the art (see MPEP 2144.04 B).
In regards to claim 3, Henri in view of Van Ravenhorst and King teaches the locking assembly of claim 2, wherein the plurality of cutouts are radially spaced and annularly spaced apart from each other in a pattern complementary to a pattern of the plurality of engagement features (See Henri fig 2 and note King).
In regards to claim 4, Henri in view of Van Ravenhorst and King teaches the locking assembly of claim 2, wherein the first group of cutouts and the second group of cutouts each include a number of cutouts complementary to a number of the plurality of engagement features (Note Kings fig 4A and 4C).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henri in view of Van Ravenhorst as applied to claims 1, 5, 7-9, 12-14 and 20 above, and further in view of Czerwinski et al. US 20100148524 A1 (hereinafter Czerwinski).
In regards to claim 6, Henri in view of Van Ravenhorst teaches the locking assembly of claim 1.
However, Henri does not teach wherein, in the first position, the first face of the first component contacts the second face of the second component, and wherein, in the second position, the first face of the first component is laterally spaced from the second face of the second component.
Czerwinski teaches a similar adjustment assembly where in the first position, a first face (face of 46a facing 6, see fig 6) of the first component contacts a second face (opposite face of 6 see fig 9) of the second component (see fig 9), and wherein, in the second position, the first face of the first component is laterally spaced from the second face of the second component (see fig 6).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have in the first position, the first face of the first component contacts the second face of the second component, and wherein, in the second position, the first face of the first component is laterally spaced from the second face of the second component in order to allow a convenient twist and pull adjustment (see Czerwinski abstract).
Claim(s) 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Henri in view of Van Ravenhorst and King.
In regards to claim 15, Henri teaches the locking assembly, the locking assembly comprising: a latch (at least a) and configured to rotate between (i) a locked position (see fig 3) and (ii) an unlocked position (when rotated out from fig 3); and an adjustment assembly (at least d and c), the adjustment assembly including: a first component (at least d; see reference image 1) including an engagement feature (d); and a second component (b) including a first cutout (middle length c) and a second cutout (shortest c) each configured to receive the engagement feature (see figs 1-3), the first cutout defining a first depth and the second cutout defining a second depth shallower than the first depth (see fig 2), wherein the first component is rotatable relative to the second component between a first position and a second position (before f is fully tightened), wherein, in the first position, the engagement feature of the first component is engaged with the first cutout such that the latch is laterally spaced from the bath by a first distance (see figs 2-3), and wherein, in the second position, the engagement feature of the first component is engaged with the second cutout such that the latch is laterally spaced from the bath by a second distance greater than the first distance (see figs 2-3; as the shorter c would cause a to be further spaced).
However Henri does not teach a bath including: one or more walls defining a bathing volume; a door repositionable between an open position and a closed position to facilitate selective access to the bathing volume, the latch rotatably coupled to a wall of the one or more walls or the door the locked position to retain the door in the closed position and the unlocked position to permit repositioning the door between the open position and the closed position.
Van Ravenhorst teaches a bath including: one or more walls (4) defining a bathing volume (see fig 1); a door (10) repositionable between an open position and a closed position to facilitate selective access to the bathing volume (see fig 1), the latch rotatably coupled to a wall of the one or more walls or the door a locked position to retain the door in the closed position (see fig 15) and an unlocked position (see fig 14 to permit repositioning the door between the open position and the closed position (see fig 14).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have applied Henri to a bath, such as in Van Ravenhost in order to prevent water leakage (see Van Ravenhost abstract).
With the modification above Henri in view of Van Raven host teaches the adjustment assembly (Henri d and b) coupled between the bath and the latch (as with the modification f would be mounted to a bath; see Henri fig 3).
Additionally, Henri does not teach a plurality of engagement features or a first group of cutouts or a second group of cutouts (examiner emphasis added).
King teaches a similar device with a plurality of engagement features (5.1, see fig 2C) and a first group of cutouts sharing the same depth (group with labeled 19, see figs 4A-4B) and a second group of cutouts sharing the same depth (group labeled 20, see figs 4A-4B).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have a plurality of engagement features and a first group and second group of cutouts, such as in King, in Henri as doing so would amount to a mere duplication of parts and involve only routine skill in the art (see MPEP 2144.04 B).
In regards to claim 16, Henri in view of Van Ravenhorst and King teaches the locking assembly of claim 15, wherein the first component includes a first aperture (Henri: hole d extends into) and the second component includes a second aperture (Henri: aperture for f), wherein the first aperture and the first aperture are configured to cooperatively receive a fastener (Henri: f) to (i) couple the adjustment assembly to the bath and (ii) selectively retain the first component in the first position or the second position (Henri: see fig 3).
In regards to claim 17, Henri in view of Van Ravenhorst and King teaches the locking assembly of claim 16, wherein the first aperture is structured to enable rotation of the first component relative to the second component between the first position and the second position while the fastener (i) couples the first component to the second component and (ii) remains received within the first aperture and the second aperture (Henri: see page 2 final para).
*** Below is a separate interpretation of claim 15 for the purposes of claim 18.
In regards to claim 15, Henri teaches the locking assembly, the locking assembly comprising: a latch (at least a; see reference image 2) and configured to rotate between (i) a locked position (see fig 3) and (ii) an unlocked position (when rotated out from fig 3); and an adjustment assembly (at least d and c), the adjustment assembly including: a first component (at least d) including an engagement feature (d); and a second component (b) including a first cutout (middle length c) and a second cutout (shortest c) each configured to receive the engagement feature (see figs 1-3), the first cutout defining a first depth and the second cutout defining a second depth shallower than the first depth (see fig 2), wherein the first component is rotatable relative to the second component between a first position and a second position (before f is fully tightened), wherein, in the first position, the engagement feature of the first component is engaged with the first cutout such that the latch is laterally spaced from the bath by a first distance (see figs 2-3), and wherein, in the second position, the engagement feature of the first component is engaged with the second cutout such that the latch is laterally spaced from the bath by a second distance greater than the first distance (see figs 2-3; as the shorter c would cause a to be further spaced).
However Henri does not teach a bath including: one or more walls defining a bathing volume; a door repositionable between an open position and a closed position to facilitate selective access to the bathing volume, the latch rotatably coupled to a wall of the one or more walls or the door the locked position to retain the door in the closed position and the unlocked position to permit repositioning the door between the open position and the closed position.
Van Ravenhorst teaches a bath including: one or more walls (4) defining a bathing volume (see fig 1); a door (10) repositionable between an open position and a closed position to facilitate selective access to the bathing volume (see fig 1), the latch rotatably coupled to a wall of the one or more walls or the door a locked position to retain the door in the closed position (see fig 15) and an unlocked position (see fig 14 to permit repositioning the door between the open position and the closed position (see fig 14).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have applied Henri to a bath, such as in Van Ravenhost in order to prevent water leakage (see Van Ravenhost abstract).
With the modification above Henri in view of Van Raven host teaches the adjustment assembly (Henri d and b) coupled between the bath and the latch (as with the modification f would be mounted to a bath; see Henri fig 3).
Additionally, Henri does not teach a plurality of engagement features or a first group of cutouts or a second group of cutouts (examiner emphasis added).
King teaches a similar device with a plurality of engagement features (5.1, see fig 2C) and a first group of cutouts sharing the same depth (group with labeled 19, see figs 4A-4B) and a second group of cutouts sharing the same depth (group labeled 20, see figs 4A-4B).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have a plurality of engagement features and a first group and second group of cutouts, such as in King, in Henri as doing so would amount to a mere duplication of parts and involve only routine skill in the art (see MPEP 2144.04 B).
In regards to claim 18, Henri in view of Van Ravenhorst and King teaches the locking assembly of claim 15, wherein the latch defines a cavity, and wherein the adjustment assembly is at least partially disposed within the cavity (Henri, see figs 1 and 3).
Allowable Subject Matter
Claims 10-11 and 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER H WATSON whose telephone number is (571)272-5393. The examiner can normally be reached M-F 9 - 5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine M Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PETER H WATSON/Examiner, Art Unit 3675
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