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 .
This Office Action is in response to applicant’s election filed on 6/9/26.
Election/Restrictions
Applicant’s election without traverse of species 1: figs 20-21b in the reply filed on 6/9/26 is acknowledged.
Applicant expressed that claim 21-27 and newly claims 41-16 reads on the elected species.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the default position claimed (see 112 2nd paragraph rejection below) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
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 23, 24 and 42-44 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.
Claims 23, 24 and 42 requires a rear cover plate spring that bias the indicator plate toward a default position.
At the instant, it is unclear what is claimed here since there is no disclosure of a “default position” in the specification and in the drawings.
Furthermore, the claims fail to establish how this “spring” is related to the indicator plate so as to “bias” it.
Here is the invention:
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First, is not one spring, the invention requires 4 springs 412. Second the spring 412 actually bias a rear cover. The indicator plate is just mounted on the rear cover.
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As shown above, and this is just speculating, the “default position” claimed appears to be a position that has the rear cover centralized, since the biasing force of the springs, acting on the rear cover at opposed sides, maintain the rear cover in place.
Therefore, in order to continue with the examination, the claims will be interpreted as mentioned above, that the device comprise the guide and rear covers and springs between the covers, the indicating plate mounted to the rear cover and that the spring maintain the rear cover in a centralized. Correction is required.
Claim Rejections - 35 USC § 102
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.
Claim(s) 21 and 25-27 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US Pat No 9,169,669 to Clary et al (Clary).
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Regarding claim 21, Clary discloses an indicator mechanism for a lock assembly. The indicator mechanism comprises a cover (16) having an indicator opening (28); an indicator plate (100) comprising at least one indicator symbol and being configured to move vertically with respect to the cover.
The indicator symbol is positioned at a distinct location on the indicator plate, such that a change in a vertical position of the indicator plate relative to the cover causes a corresponding change in which the indicator symbol is visible through the indicator opening.
A cam (102) is provided with a protrusion (134) to engage a slotted opening (140) on the indicator plate. The cam is rotatable, so that engagement between the protrusion and the slotted opening during rotation of the cam vertically displaces the indicator plate such that the indicator symbol is visible through the indicator opening in the cover.
As to claim 25, Clary discloses that the cam includes an opening configured to receive a spindle (104) associated with a thumb turn or a key cylinder of the lock assembly such that rotation of the thumb turn (80) or the key cylinder (12) drives rotation of the cam.
As to claim 26, Clary discloses that the slotted opening is configured to facilitate movement of the indicator plate (1) vertically upward in response to rotation of the cam in a first direction, and (2) vertically downward in response to rotation of the cam in a second direction.
As to claim 27, Clary discloses that the plurality of one or more indicator symbols comprises a first indicator symbol configured to indicate a locked status of the lock assembly, and a second indicator symbol configured to indicate an unlocked status of the lock assembly.
Claim(s) 21, 25, 26 is/are rejected under 35 U.S.C. 102a1 as being anticipated by US Pat No 481,960 to Lindstrom.
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Regarding claim 21, Lindstrom discloses an indicator mechanism for a lock assembly. The indicator mechanism comprises a cover (O) having an indicator opening (O’); an indicator plate (M and N) comprising at least one indicator symbol and being configured to move vertically with respect to the cover.
The indicator symbol is positioned at a distinct location on the indicator plate, such that a change in a vertical position of the indicator plate relative to the cover causes a corresponding change in which the indicator symbol is visible through the indicator opening.
A cam is provided with a protrusion (L) to engage a slotted opening (M’) on the indicator plate. The cam is rotatable, so that engagement between the protrusion and the slotted opening during rotation of the cam vertically displaces the indicator plate such that the indicator symbol is visible through the indicator opening in the cover.
As to claim 25, Lindstrom discloses that the cam includes an opening configured to receive a spindle (H) associated with a thumb turn or a key cylinder of the lock assembly such that rotation of the thumb turn or the key cylinder drives rotation of the cam.
As to claim 26, Lindstrom discloses that the slotted opening is configured to facilitate movement of the indicator plate (1) vertically upward in response to rotation of the cam in a first direction, and (2) vertically downward in response to rotation of the cam in a second direction
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) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 481,960 to Lindstrom in view of US Pat No 9,169,669 to Clary et al (Clary).
Lindstrom fails to disclose that the plurality of one or more indicator symbols comprises a first indicator symbol configured to indicate a locked status of the lock assembly, and a second indicator symbol configured to indicate an unlocked status of the lock assembly.
Lindstrom discloses the use of the terms “occupied” or “unoccupied”. However, these symbols indicates that the space is inherently locked or unlocked, since the symbols are positioned in response to the position of the lock.
Clary teaches that it is well known in the art to provide an indicator symbol as “locked” or “unlocked”, in words and with a padlock symbol.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the symbols described by Lindstrom as “locked and unlocked”, as taught by Clary, in order to tell the user that the lock is “locked or unlocked”.
Claim(s) 21, 22, 25-27, 41, 45 and 46 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat No 2,455,208 to Wirth in view of US Pat No 9,169,669 to Clary et al (Clary).
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Regarding claim 21, Wirth discloses an indicator mechanism for a lock assembly. The indicator mechanism comprises a cover (22) having an indicator opening (59); an indicator plate (33, 39) comprising at least one indicator symbol and being configured to move vertically with respect to the cover.
The indicator symbol is positioned at a distinct location on the indicator plate, such that a change in a vertical position of the indicator plate relative to the cover causes a corresponding change in which the indicator symbol is visible through the indicator opening.
A cam (42) rotatable to vertically move the indicator plate.
Wirth fails to disclose that the cam is provided with a protrusion and the indicator plate with a slotted opening. Wirth discloses the opposite, that the cam comprises the slotted opening (47, 48) that receives a protrusion (51) on the indicator plate, so that rotation of the cam moves the plate vertically.
Clary teaches that it is well known in the art to provide a slotted opening/pin connection, wherein the pin is on a cam and the slotted opening on the indicator plate.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the slotted opening/pin connection described by Wirth, as one wherein the pin is on a cam and the slotted opening on the indicator plate, as taught by Clary, since it will be considered as a design consideration since it will still perform the same function of moving the plate up and down.
Applicant is reminded that the reversal of components in a prior art reference, where there is no disclosed significance to such reversal, is a design consideration within the skill of the art.
As to claim 22, Wirth, as modified by Clary, teaches that the cam is rotatable in both a first direction and a second direction, the second direction being opposite to the first direction, and wherein the slotted opening comprises a first ramp and a second ramp, the first and second ramps extending in divergent directions from a base location of the slotted opening (Wirth, fig 5), the protrusion positioned to engage the first ramp, from the base location, during rotation of the cam in the first direction and engage the second ramp, from the base location, during rotation of the cam in the second direction.
As to claims 25 and 45, Wirth discloses that the cam includes an opening configured to receive a spindle (19) associated with a thumb turn or a key cylinder of the lock assembly such that rotation of the thumb turn or the key cylinder drives rotation of the cam.
As to claim 26, Wirth discloses that the slotted opening is configured to facilitate movement of the indicator plate (1) vertically upward in response to rotation of the cam in a first direction, and (2) vertically downward in response to rotation of the cam in a second direction
As to claims 27 and 46, Wirth fails to disclose that the plurality of one or more indicator symbols comprises a first indicator symbol configured to indicate a locked status of the lock assembly, and a second indicator symbol configured to indicate an unlocked status of the lock assembly.
Wirth discloses the use of the term “do not disturb”. However, this symbol indicates that the space is inherently locked or unlocked, since the symbol is positioned in response to the position of the lock.
Clary teaches that it is well known in the art to provide an indicator symbol as “locked” or “unlocked”, in words and with a padlock symbol.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the symbols described by Wirth as “locked and unlocked”, as taught by Clary, in order to tell the user that the lock is “locked and unlocked”.
As to claim 41, Wirth, as modified by Clary, teaches the invention as claimed (see claims 21, 22 and 26 above).
Allowable Subject Matter
Claims 23, 24 and 42, as interpreted above, would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Claims 43 and 44 would also be allowed since the claims depend from claim 42 above (although as interpreted, the limitation will be provided into claim 42 above).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS LUGO whose telephone number is (571)272-7058. The examiner can normally be reached M-F 9-6pm.
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, Kristina Fulton can be reached at (571)272-7376. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Carlos Lugo/
Primary Examiner
Art Unit 3675
June 29, 2026
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