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 .
Drawings
The drawings are objected to because:
In figures 8-9: 122 is shown however, 122 is the reference number for the interior thumb turn yet figures 8-9 and are of the exterior. Accordingly, 122 should be replaced with 120 in figures 8-9.
In figure 9: 122 is used to refer to the key shaft of 150. This should be 184.
In figures 10-11: 120 is shown however, 120 is the reference number for the exterior thumb turn yet figures 10-11 and are of the interior. Accordingly, 120 should be replaced with 122 in figures 10-11.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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) 1-7, 10, and 13-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sorensen US 20100257906 A1 (hereinafter Sorensen).
In regards to claim 1, Sorensen teaches a deadbolt lock (see fig 1), comprising: an escutcheon (34); a deadbolt (168) configured to extend into an extended position and configured to retract into a retracted position (para 68); and a thumb turn (48) operatively coupled to the deadbolt and extending below the escutcheon (when oriented such that the left wrt fig 10 is considered below), with the thumb turn actuatable to move in a first direction to extend the deadbolt and actuatable to move in a second direction opposite the first direction to retract the deadbolt (as 48 is coupled to 44 when the clutch is engaged and 44 is capable of extending and retracting the deadbolt, see para 68).
In regards to claim 2, Sorensen teaches the deadbolt lock of claim 1, further comprising a user interface (62) configured to receive a credential (authorized code, para 70), with the thumb turn being operable only when an authenticated credential is received by the user interface authorized code, (para 70).
In regards to claim 3, Sorensen teaches the deadbolt lock of claim 2, wherein the deadbolt lock is an electronic lock having a clutch mechanism (58), wherein the clutch mechanism is configured to move to an engaged position (see fig 7) when the authenticated credential is received by the user interface, thereby causing the thumb turn to become operable to move the deadbolt (see paras 59 and 70).
In regards to claim 4, Sorensen teaches the deadbolt lock of claim 3, wherein the clutch mechanism is configured to move to a disengaged position (see fig 6) upon expiration of a time period after the authenticated credential is received by the user interface, thereby causing the thumb turn to become inoperable to move the deadbolt (see paras 59 and 70).
In regards to claim 5, Sorensen teaches the deadbolt lock of claim 4, further comprising an interior thumb turn (158) coupled to the deadbolt (para 67), wherein the interior thumb turn is configured to be operable to move the deadbolt regardless of the operability of the thumb turn (as the clutch does not affect 158, see fig 1 and para 67).
In regards to claim 6, Sorensen teaches the deadbolt lock of claim 2, wherein the user interface is a keypad (see fig 11).
In regards to claim 7, Sorensen teaches the deadbolt lock of claim 3, further comprising a motor (74), wherein the clutch mechanism cooperates with the motor (see fig 7).
In regards to claim 10, Sorensen teaches the deadbolt lock of claim 1, wherein the thumb turn is configured to swing through an arc (see fig 1, note Merriam-webster defines swing as “to turn on a hinge or pivot”).
In regards to claim 13, Sorensen teaches a method of operation of a deadbolt lock having an escutcheon (34) and a swing thumb turn (48; note Merriam-webster defines swing as “to turn on a hinge or pivot”) extending below the escutcheon (when oriented such that to the left wrt fig 10 is below), the method comprising: upon authentication of credentials presented by a user (para 70), engaging a clutch (58) mechanism to operatively couple the swing thumb turn to a deadbolt (168); and upon swinging of the swing thumb turn along an arc in a first direction to extend the deadbolt (as 48 is coupled to 44 when the clutch is engaged and 44 is capable of extending and retracting the deadbolt, see para 68), disengaging the clutch mechanism after a lapse of a period of time to render the swing thumb turn inoperable to move the deadbolt (para 70).
In regards to claim 14, Sorensen teaches the method of claim 13, wherein the credentials are presented by the user to a user interface (62; see fig 11). 155
In regards to claim 15, Sorensen teaches the method of claim 14, wherein the user interface is a keypad (see fig 11).
In regards to claim 16, Sorensen teaches the method of claim 13, wherein the deadbolt lock further comprises an interior thumb turn (158) coupled to the deadbolt (para 67), wherein the interior thumb turn is configured to be operable to move the deadbolt regardless of the operability of the thumb turn (as the clutch does not affect 158, see fig 1 and para 67).
In regards to claim 17, Sorensen teaches the method of claim 13, wherein a motor (74) cooperates with the clutch mechanism to engage and disengage the clutch mechanism (see fig 4).
In regards to claim 18, Sorensen teaches the method of claim 13, further comprising: upon further authentication of credentials presented by the user (para 70), engaging the clutch mechanism again to operatively couple the swing thumb turn to the deadbolt (para 70); and upon swinging of the swing thumb turn along the arc in a second direction to retract the deadbolt (para 68, as 48 would 317
be coupled to 44), disengaging the clutch mechanism after a lapse of a period of time to render the swing thumb turn inoperable to move the deadbolt (para 70).
Claim(s) 1 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by a second interpretation of Sorensen (hereinafter Sorensen’).
In regards to claim 1, Sorensen’ teaches a deadbolt lock (see fig 1), comprising: an escutcheon (34); a deadbolt (168) configured to extend into an extended position and configured to retract into a retracted position (para 68); and a thumb turn (158) operatively coupled to the deadbolt (para 67 and extending below the escutcheon (when oriented such that the right wrt fig 10 is considered below), with the thumb turn actuatable to move in a first direction to extend the deadbolt and actuatable to move in a second direction opposite the first direction to retract the deadbolt (see para 67, 158 is connected to 44).
In regards to claim 10, Sorensen’ teaches deadbolt lock of claim 1, wherein the thumb turn is configured to swing through an arc see fig 1, note Merriam-webster defines swing as “to turn on a hinge or pivot”.
Claim(s) 1 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boganov US 20100294008 A1 (hereinafter Bogdanov).
In regards to claim 1, Bogdanov teaches a deadbolt lock, comprising: an escutcheon (230); a deadbolt (25) configured to extend into an extended position and configured to retract into a retracted position (see fig 1a); and a thumb turn (155) operatively coupled to the deadbolt and extending below the escutcheon (when oriented such the south west wrt fig 3 is below), with the thumb turn actuatable to move in a first direction to extend the deadbolt and actuatable to move in a second direction opposite the first direction to retract the deadbolt (para 52 and para 62).
In regards to claim 8, Bogdanov teaches deadbolt lock of claim 1, further comprising a passage mode (mode described in para 62) switch, with the passage mode switch (80), when activated, configured to prevent the thumb turn from moving the deadbolt to the extended position (para 62).
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sorensen as applied to claims 1-7, 10, and 13-18 above, and further in view of Morstatt et al. US 20220106814 A1 (hereinafter Morstatt).
In regards to claim 9, Sorensen teaches the deadbolt lock of claim 1.
However, Sorensen does not teach further comprising a privacy mode switch, with the privacy mode switch, when activated, configured to prevent the thumb turn from moving the deadbolt to the retracted position.
Morstatt teaches a similar device further comprising a privacy mode switch (privacy button para 42), with the privacy mode switch, when activated, configured to prevent the thumb turn from moving the deadbolt to the retracted position when the bolt is already extended by preventing credentials from being used, see para 42).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have provided Sorensen with a passage mode switch, with the passage mode switch, when activated, configured to prevent the thumb turn from moving the deadbolt to the extended position in order to prevent any person from accessing an entrance (see Morstatt para 42).
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sorensen’ as applied to claims 1 and 10 above, and further in view of himself.
In regards to claim 11, Sorensen’ teaches the deadbolt lock of claim 10.
However, Sorensen’ is silent on wherein the thumb turn is configured to swing no more than 90 degrees in the first direction.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to wherein the thumb turn is configured to swing no more than 90 degrees in the first direction, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05.
In regards to claim 12, Sorensen’ teaches the deadbolt lock of claim 10.
However, Sorensen’ is silent on wherein the thumb turn is configured to swing no more than 90 degrees in the second direction.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to wherein the thumb turn is configured to swing no more than 90 degrees in the second direction, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20190145130 A1 – teaches a similar thumb turn.
US 20240046725 A1 – teaches a similar device where a knob can be freely rotatable or limited.
US 20230125130 A1 – teaches a similar device.
US 20210207401 A1 – teaches a similar device.
US 20230332435 A1 – teaches a similar device with limited thumb turn rotation and thumb turn positioning.
CN 114991585 A – teaches a limited biased thumb turn.
DE 202019100339 U1 – teaches a similar thumb turn, with a similar placement and motivation for doing so.
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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