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 .
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.
Election/Restrictions
Applicant's election with traverse of Species I in the reply filed on July 30, 2026 is acknowledged. The traversal is on the ground(s) that there is no burden to the examiner to search multiple species together. This is not found persuasive because the species disclosed and claimed are structurally different, requiring differing search queries as set forth in the restriction requirement. Furthermore, examination is not limited simply to search. In addition to the search, much of the examination is devoted to determining patentability of the claims. Said determination requires the formulation of rejections and responding to applicant's argument with regard to same. The additional search and the determination of patentability for multiple, patentably distinct species would place serious burden on the examiner.
The requirement is still deemed proper and is therefore made FINAL.
The examiner agrees that claims 1-6 are readable on elected Species I, and therefore, claims 7 and 12-25 are withdrawn. Should the application be considered in condition for allowance in the future, withdrawn claim 7 would be rejoined since claim 1 is generic to Species I and II, however, claim 7 would have to be amended to read as follows after the preamble for the same reasons as claim 2: “wherein the movement of the cam latch between the engaged position and the disengaged position is sliding movement.”
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 101, 304, and 601. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 134. 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. 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 disclosure is objected to because of the following informalities: In Paragraph 37, line 6, the phrase “the lock axis A” should be changed to “the lock axis AL,” and in Paragraph 43, line 4, the phrase “spring leg 100B” should be changed to “spring leg 120B.”
Appropriate correction is required.
Claim Objections
Claims 1 and 2 are objected to because of the following informalities:
In regards to claim 1, line 9, the phrase “to bias the cam latch towards the engaged position” should be changed to “to bias the cam latch to move to the engaged position,” and in line 14, the phrase “by the biasing mechanism” should be changed to “by the biasing of the biasing mechanism.”
In regards to claim 2, the claim should read as follows after the preamble: “wherein the movement of the cam latch between the engaged position and the disengaged position is rotation.”
Appropriate correction is required.
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 1-6 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.
In regards to claim 1, there is no antecedent basis for the cam latch to be “moved to the engaged position” by the biasing mechanism, as recited in line 14. The claim sets forth in line 9 that the biasing mechanism “biases” the cam latch towards the engaged position, but does not recite that the biasing results in movement of the cam latch. It is understood from the specification that the biasing mechanism is configured to bias the cam latch to move to the engaged position, and will be examined as such. With the language set forth in the claim objections above, the language of claim 1 would be consistent.
In regards to claim 2, the relationship between the “movement” of the cam latch, as recited in claim 1, and the “rotation” of the cam latch, as recited in claim 2, is unclear from the claim language. It is understood from the specification that the “rotation” recited in claim 2 is further limiting the “movement” of claim 1, i.e. the movement of the cam latch is rotation, and will be examined as such. The claim should use language to clearly relate the rotation of claim 2 to the movement of claim 1. See claim objections above.
In regards to claims 3-6, these claims are rejected under 35 U.S.C. 112(b) because they depend from claim 1.
Allowable Subject Matter
Claims 1-6 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
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.
In regards to claim 1, Artziely (WO 2004059111 A1) discloses a lock body comprising: a bolt assembly (Figure 1A) comprising a spindle cam 13 configured to engage with a lock spindle of a lock trim assembly 128 (the inherent spindle or shaft within the lock cylinder 120 that cooperates with the spindle cam, Page 3, lines 12-18), such that rotating the lock spindle about a lock axis rotates the spindle cam; and a spindle cam latch assembly comprising: a cam latch 152 configured to move between an engaged position, where the cam latch engages with the bolt assembly to prevent rotation of the spindle cam (Figure 4B), and a disengaged position (Figure 2B); and a biasing mechanism 156 configured to bias the cam latch to move to the engaged position; wherein the cam latch is configured to selectively engage with a projection 168 extending from the lock trim assembly, such that when the lock trim assembly is engaged with the lock body, the projection extends into the lock body and moves the cam latch to the disengaged position (Page 4, lines 6-12), and when the lock trim assembly is disengaged from the lock body, the projection is removed from the lock body and the cam latch is moved to the engaged position by the biasing of the biasing mechanism (Figure 4B). Artziely fails to disclose that the spindle cam rotates about the same lock axis as the lock spindle. The spindle cam 13 of Artziely rotates about an axis offset from the lock axis of the lock cylinder 120. The examiner can find no motivation to modify the device of Artziely without employing improper hindsight reasoning and without destroying the intended structure and operation of the device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSON MERLINO whose telephone number is (571)272-2219. The examiner can normally be reached Monday - Friday 7 AM to 3 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine 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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/ALYSON M MERLINO/Primary Examiner, Art Unit 3675 August 19, 2026
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