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 Objections
Claim 14 is objected to because of the following informalities:
“a lock” should read “the lock”.
“the middle portion” should be “a middle portion”.
“the second end is configured to couple “ should be “a second end is configured to couple”.
Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12344467. Although the claims at issue are not identical, they are not patentably distinct from each other because:
In regards to claim 1, claim 1 of US ‘476 teaches a locking device, comprising: a) a housing b) a sliding member slidably mounted in the housing and containing a first slot (Col 13 lines 1-5) ) a rolling member disposed in the first slot wherein the rolling member is carried by the sliding member as the sliding member slides in a fore/aft direction relative to the housing (Col 13 lines 9-12); and d) a biasing member biasing the sliding member in a first direction (Col 13 lines 14-15).
In regards to claim 2, claim 1 of US ‘476 teaches the locking device of claim 1, wherein the sliding member protrudes through an opening in the housing (Col 13 lines 6-7), and wherein the first slot is angularly disposed in the sliding member (Col 13 lines 5-6).
In regards to claim 3, claim 1 of US ‘476 teaches the locking device of claim 2, wherein the sliding member comprises a neck portion positioned outside the housing and a main body positioned inside the housing (see Col 13 lines 1-8).
In regards to claim 4, claims 1-3 of US ‘476 teaches the locking device of claim 2, wherein the biasing member is a spring having a first end abutting the sliding member and a second end abutting the housing (Col 13 lines 18-20).
In regards to claim 5, claims 1-2 and 4 of US ‘476 teaches the locking device of claim 2 wherein the housing comprises a plurality of plates stacked together (Col 13 lines 21-22).
In regards to claim 6, claims 1-2 and 4-5 of US ‘476 teaches the locking device of claim 5, wherein the plates are stacked in the following sequential order outer plate, first blocking plate, first framing plate, second framing plate, second blocking plate, and inner plate (see Col 13 lines 23-29).
In regards to claim 7, claims 1-2 and 4-6 of US ‘476 teaches the locking device of claim 6, wherein the first and second blocking plates are mirror images of each other, and the first and second framing plates are mirror images of each other (Col 13 lines 30-33).
In regards to claim 8, claims 1-2 and 4-7 of US ‘476 teaches the locking device of claim 6, wherein each of the first and second framing plates comprises a hollow center, and a perimeter cutout portion that forms the opening in the housing when the plates are assembled (Col 13 lines 34-37).
In regards to claim 9, claims 1-2, 4-5 and 8 of US ‘476 teaches the locking device of claim 6, wherein each of the first and second blocking plates contains a L-shaped cutout having a horizontal long leg and a vertically angled short leg, the short leg contains an angled surface in registry with the angle of the first slot on the sliding member, wherein when the rolling member is positioned at the bottom of the first slot, the rolling member is in contact with the angled surface to block the sliding member from sliding relative to the housing (Col 13 lines 38-46).
In regards to claim 10, claims 1-2, 4-5 and 9 of US ‘476 teaches the locking device of claim 5, wherein the plates are held together by rivets, screws, or nuts and bolts (Col 13 lines 47-49).
In regards to claim 11, claims 1 and 14 of US ‘476 teaches the locking device of claim 1, wherein when the rolling member is positioned at a bottom portion of the first slot, and wherein the sliding member is blocked from sliding forwardly (see Col 14 lines 14-16).
In regards to claim 12, claims 1-2 and 10 of US ‘476 teaches the locking device of claim 1, further comprising a pivotable unit and a connecting member, wherein the connecting member is configured to couple the sliding member to the pivotable unit with a lock (Col 13 line 50- Col 14 line 3).
In regards to claim 13, claims 1-2 and 10-11 of US ‘476 teaches the locking device of claim 12, wherein the connecting member is a plate or a rod (Col 14 lines 4-5).
In regards to claim 14, claims 1-2 and 10-12 of US ‘476 teaches the locking device of claim 13, wherein a first end of the connecting member is pivotably coupled to the pivotable unit, the second end is configured to couple to the pivotable unit with a lock, and the middle portion between the first and second ends is coupled to the neck portion of the sliding member (Col 14 lines 6-11).
In regards to claim 15, claims 1-2 and 10-13 of US ‘476 teaches the locking device of claim 14, wherein when the second end is coupled to the pivotable unit with the lock, and wherein the connecting member is parallel to the pivotable unit (Col 14 lines 11-13).
In regards to claim 16, claims 1 and 15 of US ‘476 teaches the locking device of claim 1, further comprising a second biasing member floating in a space on top of the sliding member (Col 14 lines 19-17).
In regards to claim 17, claims 1 and 16 of US ‘476 teaches a container assembly, comprising: a) a container body; b) a hinged lid pivotally mounted to the body; and c) the locking device of claim 1 mounted to the container body (Col 14 lines 20-25).
In regards to claim 18, claims 1 and 16-17 of US ‘476 teaches a container assembly of claim 17, further comprising a) a support member mounted to the container body opposing the locking device; b) a pivoting arm pivotally mounted to the support member; and c) a locking bar having a first end fixed to the pivotable unit and a second end fixed to the pivoting arm, wherein when the pivoting unit is in the closed position, the locking bar is positioned over the hinged lid to prevent access to the container body, and when the pivoting unit is in the open position, the locking bar is spaced away from the lid to allow opening of the container (See Col 14 lines 26-39).
In regards to claim 19, claims 1 and 16-18 of US ‘476 teaches the container assembly of claim 18, wherein the locking bar is fixed to an end of the pivotable unit so as to extend perpendicularly to the plane of the pivotable unit (see Col 14 lines 40-42).
In regards to claim 20, claims 1 and 20 of US ‘476 teaches a method for making a waste container, comprising the steps of: a) providing a container having a hinged lid pivotally mounted to the body; and b) mounting the locking device of claim 1 to the container body (see Col 14 lines 45-50).
Claims 1-15 and 17-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 11459171 in view of Reeb et al. US 5997052 A (hereinafter US ‘052).
In regards to claim 1, claim 1-2 of US ‘171 teaches a locking device, comprising: a) a housing (Col 8 lines 58-61) b) a sliding member slidably mounted in the housing and containing a first slot (see Col 8 lines 46-48) a rolling member disposed in the first slot (Col 8 line 49), the sliding member slides in a fore/aft direction relative to the housing (Col 8 lines 58-61); and d) a biasing member biasing the sliding member in a first direction (Col 8 lines 56-57).
However, US ‘171 does not teach wherein the rolling member is carried by the sliding member as the sliding member slides in a fore/aft direction relative to the housing.
US ‘052 teaches a rolling member (40) is carried by a sliding member (32) as the sliding member slides in a fore/aft direction relative to the housing (see figs 4-5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have the rolling member is carried by the sliding member as the sliding member slides in a fore/aft direction relative to the housing in US ‘171 in order to provide for a well-known and conventional way of providing a gravity locking device for a container.
In regards to claim 2, claim 1-3 of US ‘171 in view of US ‘052 teaches the locking device of claim 1, wherein the sliding member protrudes through an opening in the housing, and wherein the first slot is angularly disposed in the sliding member (US ‘171: see Col 8 lines 47-48 and 58-61).
In regards to claim 3, claim 1-3 of US ‘171 in view of US ‘052 teaches the locking device of claim 2, wherein the sliding member comprises a neck portion positioned outside the housing and a main body positioned inside the housing (US ‘171: Col 8 lines 58-61).
In regards to claim 4, claim 1-2 and 5 of US ‘171 in view of US ‘052 teaches the locking device of claim 2, wherein the biasing member is a spring having a second end abutting the housing (coupling” implies “abutting” US ‘171: Col 9 lines 1-4).
However, US ‘171 does not teach the first end abutting the sliding member.
US ‘052 teaches a similar device with a first end of a spring abutting the sliding member (see fig 5).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have configured US ‘171 such that the biasing member abuts the sliding member in order to reduce material and cost.
In regards to claim 5, claim 1-2 and 7 of US ‘171 in view of US ‘052 teaches the locking device of claim 2, wherein the housing comprises a plurality of plates stacked together (US ‘171: Col 9 lines 9-10).
In regards to claim 6, claim 1-2 and 7-8 of US ‘171 in view of US ‘052 teaches the locking device of claim 5, wherein the plates are stacked in the following sequential order outer plate, first blocking plate, first framing plate, second framing plate, second blocking plate, and inner plate (US ‘171: Col 9 lines 11-15).
In regards to claim 7, claim 1-2 and 7-9 of US ‘171 in view of US ‘052 teaches the locking device of claim 6, wherein the first and second blocking plates are mirror images of each other, and the first and second framing plates are mirror images of each other (US ‘171: Col 9 lines 16-20).
In regards to claim 8, claim 1-2, 7-8, and 10 of US ‘171 in view of US ‘052 teaches the locking device of claim 6, wherein each of the first and second framing plates comprises a hollow center, and a perimeter cutout portion that forms the opening in the housing when the plates are assembled (US ‘171: US ‘171 Col 9 lines 21-25).
In regards to claim 9, claim 1-2, 7-8, and 11 of US ‘171 in view of US ‘052 teaches the locking device of claim 6, wherein each of the first and second blocking plates contains a L-shaped cutout having a horizontal long leg and a vertically angled short leg, the short leg contains an angled surface in registry with the angle of the first slot on the sliding member, wherein when the rolling member is positioned at the bottom of the first slot, the rolling member is in contact with the angled surface to block the sliding member from sliding relative to the housing (US ‘171: Col 9 lines 26-34).
In regards to claim 10, claim 1-2, 7-8 and 13 of US ‘171 in view of US ‘052 teaches the locking device of claim 5, wherein the plates are held together by rivets, screws, or nuts and bolts (US ‘171: Col 9 lines 38-39).
In regards to claim 11, claim 1-2, and 17 of US ‘171 in view of US ‘052 teaches the locking device of claim 1, wherein when the rolling member is positioned at a bottom portion of the first slot, and wherein the sliding member is blocked from sliding forwardly (US ‘171: Col 10 lines 4-6).
In regards to claim 12, claim 1-2, and 18 of US ‘171 in view of US ‘052 teaches the locking device of claim 1, further comprising a pivotable unit and a connecting member, wherein the connecting member is configured to couple the sliding member to the pivotable unit with a lock (US ‘171: Col 10 lines 7-11).
In regards to claim 13, claim 1-2, and 19 of US ‘171 in view of US ‘052 teaches the locking device of claim 12, wherein the connecting member is a plate or a rod (US ‘171: Col 10 lines 11-12).
In regards to claim 14, claim 1-2, and 18-20 of US ‘171 in view of US ‘052 teaches the locking device of claim 13, the second end is configured to couple to the pivotable unit with a lock (US ‘171: Col 10 lines 13-17),
However, US ‘171 does not teach wherein a first end of the connecting member is pivotably coupled to the pivotable unit and the middle portion between the first and second ends is coupled to the neck portion of the sliding member.
US ‘052 teaches wherein a first end of the connecting member (48) is pivotably coupled to the pivotable unit (18a) and the middle portion between the first and second ends is coupled to the neck portion of the sliding member (see fig 10).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have replaced US ‘171’s connecting member with US ‘052s as doing so would amount to a simple substitution of one element for another to obtain a predictable result (a connecting member able to lock the pivotable unit, see MPEP 2141 III B).
In regards to claim 15, claim 1-2, and 18 -20 of US ‘171 in view of US ‘052 teaches the locking device of claim 14, wherein when the second end is coupled to the pivotable unit with the lock, and wherein the connecting member is parallel to the pivotable unit (US ‘052: see fig 10B).
In regards to claim 17, claim 1-2, and 21 of US ‘171 in view of US ‘052 teaches a container assembly, comprising: a) a container body; b) a hinged lid pivotally mounted to the body; and c) the locking device of claim 1 mounted to the container body (US ‘171: Col 10 lines 19-23).
In regards to claim 18, claim 1-2, and 21-22 of US ‘171 in view of US ‘052 teaches the container assembly of claim 17, further comprising a) a support member mounted to the container body opposing the locking device; b) a pivoting arm pivotally mounted to the support member; and c) a locking bar having a first end fixed to the pivotable unit and a second end fixed to the pivoting arm, wherein when the pivoting unit is in the closed position, the locking bar is positioned over the hinged lid to prevent access to the container body, and when the pivoting unit is in the open position, the locking bar is spaced away from the lid to allow opening of the container (US ‘171: Col 10 lines 24-38).
In regards to claim 19, claim 1-2, and 21-23 of US ‘171 in view of US ‘052 teaches the container assembly of claim 18, wherein the locking bar is fixed to an end of the pivotable unit so as to extend perpendicularly to the plane of the pivotable unit (US ‘171: Col 10 lines 38-42).
In regards to claim 20, claim 1-2, and 24 of US ‘171 in view of US ‘052 teaches a method for making a waste container, comprising the steps of: a) providing a container having a hinged lid pivotally mounted to the body; and b) mounting the locking device of claim 1 to the container body (US ‘171: Col 10 43-48).
Claim 16 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 of U.S. Patent No. 11459171 in view of US ‘052 in view of Reeb et al. US 20160355334 A1 (hereinafter US ‘334).
In regards to claim 16, claim 1-2 of US ‘171 in view of US ‘052 teaches the locking device of claim 1.
However, US ‘171 does not teach further comprising a second biasing member floating in a space on top of the sliding member.
US ‘334 teaches a biasing member on each side of the sliding member (see fig 7).
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 US ‘171 with a second biasing member floating in a space on top of the sliding member in order to increase biasing force and the reliability of the reset of the sliding member.
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) 1-4, 11-15, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US ‘052.
In regards to claim 1, US ‘052 teaches the locking device, comprising: a) a housing (at least 20 and 46) b) a sliding member (51 and 44 slidably mounted in the housing and containing a first slot (slot in 51 see fig 10A) ) a rolling member (equivalent of 40) disposed in the first slot (see fig 10A), wherein the rolling member is carried by the sliding member as the sliding member slides in a fore/aft direction relative to the housing (see figs 10A and 11A); and d) a biasing member (34) biasing the sliding member in a first direction (to the left wrt fig 10A).
In regards to claim 2, US ‘052 teaches the locking device of claim 1, wherein the sliding member protrudes through an opening in the housing (44 at least through 46, see fig 10B), and wherein the first slot is angularly disposed in the sliding member (see fig 10A).
In regards to claim 3, US ‘052 teaches the locking device of claim 2, wherein the sliding member comprises a neck portion (44) positioned outside the housing and a main body (51) positioned inside the housing (see fig 10A).
In regards to claim 4, US ‘052 teaches the locking device of claim 2,wherein the biasing member is a spring (34) having a first end abutting the sliding member and a second end abutting the housing (see fig 10A).
In regards to claim 11, US ‘052 teaches the locking device of claim 1, wherein when the rolling member is positioned at a bottom portion (wrt fig 11A) of the first slot, and wherein the sliding member is blocked from sliding forwardly (see fig 11A).
In regards to claim 12, US ‘052 teaches the locking device of claim 1, further comprising a pivotable unit (18a) and a connecting member (48), wherein the connecting member is configured to couple the sliding member to the pivotable unit (at least indirectly) with a lock (padlock described in Col 7l lines 5-7).
In regards to claim 13, US ‘052 teaches the locking device of claim 12, wherein the connecting member is a plate or a rod (see figs 10A-10B).
In regards to claim 14, US ‘052 teaches the locking device of claim 13, wherein a first end (end with 50B) of the connecting member is pivotably coupled to the pivotable unit (due to 47 and at least indirectly), the second end (end with 50B) is configured to couple to the pivotable unit with a lock (padlock described in Col 7l lines 5-7), and the middle portion between the first and second ends is coupled to the neck portion of the sliding member (see fig 10A).
In regards to claim 15, US ‘052 teaches the locking device of claim 14, wherein when the second end is coupled to the pivotable unit with the lock, and wherein the connecting member is parallel to the pivotable unit (see fig 10B).
In regards to claim 17, US ‘052 teaches the container assembly, comprising: a) a container body (10); b) a hinged lid (14) pivotally mounted to the body; and c) the locking device of claim 1 mounted to the container body (see Col 6 line 55 – Col 7 line 7).
In regards to claim 18, US ‘052 teaches the container assembly of claim 17, further comprising a) a support member (support for the pivoting arm seen in reference image 1) mounted to the container body opposing the locking device; b) a pivoting arm pivotally mounted to the support member (note reference image 1); and c) a locking bar having a first end fixed to the pivotable unit and a second end fixed to the pivoting arm (see reference image 1), wherein when the pivoting unit is in the closed position, the locking bar is positioned over the hinged lid to prevent access to the container body (see fig 1), and when the pivoting unit is in the open position, the locking bar is spaced away from the lid to allow opening of the container (see fig 2).
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Reference image 1
In regards to claim 19, US ‘052 teaches the container assembly of claim 18, wherein the locking bar is fixed to an end of the pivotable unit so as to extend perpendicularly to the plane of the pivotable unit (note fig 1).
In regards to claim 20, US ‘052 teaches a method for making a waste container, comprising the steps of: a) providing a container (10) having a hinged lid (14) pivotally mounted to the body (note fig 1); and b) mounting the locking device of claim 1 to the container body (see Col 6 line 55 – Col 7 line 7).
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) 5-8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US ‘052 as applied to claims 1-4, 11-15, and 17-20 above, and further in view of Soref US 1490987 A (hereinafter Soref).
In regards to claim 5, US ‘052 teaches the container locking device of claim 2.
However, US ‘052 does not teach wherein the housing comprises a plurality of plates stacked together.
Soref teaches a housing comprising a plurality of stacked plates (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 the housing of US ‘052 comprise a plurality of plates stacked together, such as in Soref in order to provide for a housing both strong and low cost (page 1 lines 55-60).
In regards to claim 6, US ‘052 in view of Soref teaches the locking device of claim 5, wherein the plates are stacked in the following sequential order outer plate, first blocking plate, first framing plate, second framing plate, second blocking plate, and inner plate (Note Soref fig. 1; the nomenclature of the different plates does not impart specific structure to the plates themselves, Soref teaches at least 6 plates stacked in sequential order).
In regards to claim 7, US ‘052 in view of Soref teaches the locking device of claim 6, wherein the first and second blocking plates are mirror images of each other, and the first and second framing plates are mirror images of each other (see Soref fig 2, multiple plates are identical and therefore mirror images of each other).
In regards to claim 8, US ‘052 in view of Soref teaches the locking device of claim 6, wherein each of the first and second framing plates comprises a hollow center (see Soref fig 2), and a perimeter cutout portion that forms the opening in the housing when the plates are assembled (See Soref fig 2, note cutouts in the plates allow the neck of a sliding member 12 to protrude out of the housing).
In regards to claim 10, US ‘052 in view of Soref teaches the locking device of claim 5, wherein the plates are held together by rivets (Soref: 15), screws, or nuts and bolts.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US ‘052 as applied to claims 1-4, 11-15, and 17-20 above, and further in view of Priorkowski US 20030090113 A1 (hereinafter Priorkowski).
In regards to claim 16, US ‘052 teaches the locking device of claim 1.
However, US ‘052 does not teach further comprising a second biasing member floating in a space on top of the sliding member.
Priorkowski, teaches two spring (142a and 142b) comprising a second biasing member (142a) floating in a space on top (considering to the right wrt fig 2 as the bottom) of a sliding member (see fig 2).
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 Priorkowski with a second biasing member floating in a space on top of the sliding member in order to provide additional spring bias and more reliable resetting of the sliding member.
Allowable Subject Matter
If double patenting rejections are overcome claim 9 is 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Devivo US 5201434 A - teaches a similar device.
Kreitzer US 20090091141 A1 – teaches a similar locking bar.
Rodaer US 20180371802 A1 – teaches a similarly stacked plates.
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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/PETER H WATSON/Examiner, Art Unit 3675
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