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 .
Information Disclosure Statement
Foreign references have been considered as copies can be found in 16/844,605.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “118” has been used to designate both the first faces and the second faces (see figs 5C-5D). 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.
Claim Rejections - 35 USC § 112
Claims 1-10 and 20 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, “a first portion of the second arm extends beyond the perimeter of the lock assembly through a second face of the lock assembly” (examiner emphasis added) is unclear. It’s unclear from the specification how the second arm extends through the second face when the second face appears to only reside one side of the first portion of the second arm (see fig 5C). For the purposes of examination, the limitation is assumed to read “a first portion of the second arm extends beyond the perimeter of the lock assembly beyond a second face of the lock assembly”.
Claims 2-9 are rejected due to their dependency on the rejected claims above.
In regards to claim 20 “first portion of the arm extends beyond a perimeter of the lock assembly through a face of the lock assembly”. It’s unclear from the specification how the arm extends through the face when the face appears to only reside one side of the first portion of the arm (see fig 5C). For the purposes of examination, the limitation is assumed to read “a first portion of the arm extends beyond a perimeter of the lock assembly beyond a face of the lock assembly”.
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 and 3-8 of U.S. Patent No. 12359461. Although the claims at issue are not identical, they are not patentably distinct from each other because:
In regards to claim 1, as best understood in light of previous 112 rejections, claim 1 of US ‘461 teaches a lock assembly comprising: a bolt movable between a first position and a second position, wherein the bolt is positioned within a perimeter of the lock assembly defined by one or more faces when the bolt is in the first position and extends beyond the perimeter of the lock assembly through a first face when the bolt is in the second position (Col 11 lines ); a first rotating body rotatable between a third position and a fourth position and comprising a first arm coupled to the bolt, wherein rotation of the first rotating body from the third position to the fourth position moves the bolt from the first position to the second position (Col 11 lines 12-20); a pawl member rotatable between a fifth position and a sixth position, wherein the pawl member prevents rotation of the first rotating body from the third position to the fourth position when the pawl member is in the fifth position and the first rotating body is in the third position (Cool 11 lines 21-33); and a second rotating body rotatable between a seventh position, an eighth position, and a ninth position, the second rotating body comprising: a second arm comprising a first surface and a second surface orthogonal to the first surface; and a protrusion (Col 11 lines 36-44); wherein: in the seventh position, a first portion of the second arm extends beyond the perimeter of the lock assembly through a second face of the lock assembly such that the first surface and the second surface are non- parallel to the second face of the lock assembly (Col 11 lines 45-53); in the eighth position, the protrusion causes the pawl member to rotate from the fifth position to the sixth position, and a second portion of the second arm extends beyond the perimeter of the lock assembly such that the first surface is parallel with the second face of the lock assembly (Col 11 lines 54-62); and in the ninth position, the second arm does not extend beyond the perimeter of the lock assembly (Col 11 lines 63-67).
In regards to claim 2, claim 1 of US ‘461 teaches the lock assembly of Claim 1, wherein the second face is orthogonal to the first face Col 10 line 66 – Col 11 line 5).
In regards to claim 3, claim 1 of US ‘461 teaches the lock assembly of Claim 1, wherein the first rotating body is rotatable about a first rotational axis, the pawl member is rotatable about a second rotational axis, and the second rotating body is rotatable about a third rotational axis (Col 11 lines 12-37), wherein the first rotational axis , the second rotational axis, and the third rotational axis are longitudinally displaced and linearly aligned along a longitudinal axis of the lock assembly (Col 12 lines 1-4).
In regards to claim 4, claim 1 of US ‘461 teaches the lock assembly of Claim 1, wherein the protrusion does not contact the pawl member when the second rotating body is in the seventh position or the ninth position (Col 11 lines 46-47 and 63-64).
In regards to claim 5, claim 1 and 3 of US ‘461 teaches the lock assembly of Claim 1, wherein the first rotating body comprises a plurality of teeth, wherein the pawl member comprises a pawl configured to engage the plurality of teeth when the pawl member is in the fifth position and the first rotating body is in the third position to form a ratcheting mechanism. (Col 12 lines 9-14).
In regards to claim 6, claim 1 and 4 of US ‘461 teaches the lock assembly of Claim 1, further comprising a spring configured to bias the pawl member to the third position (Col 12 lines 15-17).
In regards to claim 7, claim 1 and 5 of US ‘461 teaches the lock assembly of Claim 1, further comprising: a first lock configured to accept a first key, the first lock coupled to the first rotating body; and a second lock configured to accept a second key, the second lock coupled to the second rotating body (Col 12 lines 18-22).
In regards to claim 8, claim 1 and 5-6 of US ‘461 teaches the lock assembly of Claim 7, wherein the first rotating body is configured to rotate in response to turning the first key within the first lock, and wherein the second rotating body is configured to rotate in response to turning the second key in the second lock (Col 12 lines 22-27).
In regards to claim 9, claim 1 and 7 of US ‘461 teaches the lock assembly of Claim 1, wherein the lock assembly is configured to be removably received within a door of a storage receptacle, wherein a securement feature is configured to prevent removal of the lock assembly from the door when the second arm is engaged with the securement feature (Col 12 lines 28-33).
In regards to claim 10, claim 1 and 7 of US ‘461 teaches the lock assembly of Claim 1, wherein the second rotating body is configured to be rotated in a first direction from the seventh position to the eighth position, wherein the second rotating body is configured to be rotated in a second direction from the eighth position to the ninth position, wherein the first direction is different from the second direction (Col 12 lines 34-41).
In regards to claim 11, claims 1 and 4 of US ‘461 teaches a method for operating a lock assembly, comprising: rotating a first rotating body (second rotating body) having an arm and a protrusion between a first position and a second position; directly (Col 11 line 57) contacting a protrusion of the first rotating body with a pawl member as the first rotating body is rotated from the first position to the second position, thereby causing the pawl member to rotate from a fourth position to a fifth position (Col 11 lines 36-44); disengaging the protrusion of the first rotating body from the pawl member as the first rotating body is rotated from the second position to the first position (Col 11 lines 46-53), thereby causing the pawl member to rotate from the fifth position to the fourth position (due to spring see Col 12 15-17); and rotating the first rotating body between the first position and a third position (Col 11 lines 46-67); wherein: rotating the first rotating body from the first position to the second position extends a first portion of the arm beyond a perimeter of the lock assembly such that a first surface of the arm is parallel with a face of the perimeter of the lock assembly (Col 11 lines 54-62) and a second surface of the arm is parallel with a longitudinal axis of the lock assembly (Col 11 lines 54-62; as the second surface is orthogonal to the first); rotating the first rotating body from the first position to the third position retracts the arm within the perimeter of the lock assembly such that the arm does not extend beyond the perimeter of the lock assembly (Col 11 lines 63-67); rotating the first rotating body from the second position to the first position and from the third position to the first position extends a second portion of the arm beyond the perimeter of the lock assembly such that the first surface and the second surface are non-parallel with the face of the perimeter of the lock assembly and non-parallel to the longitudinal axis of the lock assembly (Col 11 lines 46-53); rotating the pawl member from the fourth position to the fifth position disengages the pawl member from a second rotating body (first rotating body) thereby allowing the second rotating body to rotate from a sixth position to a seventh position (Col 11 lines 54-62); rotating the pawl member from the fifth position to the fourth position engages the pawl member with the second rotating body thereby preventing the second rotating body to rotate from the sixth position to the seventh position (Col 11 lines 30-33); a rotation of the second rotating body from the sixth position to the seventh position causes a bolt to extend beyond the perimeter of the lock assembly; and a rotation of the second rotating body from the seventh position to the sixth position causes the bolt to retract within the perimeter of the lock assembly (Col 11 lines 6-11).
In regards to claim 12, claims 1-2 and 4 of US ‘461 teaches the method of Claim 11, wherein the pawl member is configured to permit rotation of the second rotating body from the sixth position to the seventh position when the pawl member is in the fifth position (Col 12 lines 5-8).
In regards to claim 13, claims 1 and 3-4 of US ‘461 teaches the method of Claim 11, wherein the second rotating body comprises a plurality of teeth, wherein the pawl member comprises a pawl configured to engage the plurality of teeth when the pawl member is in the fourth position and the second rotating body is in the sixth position to form a ratcheting mechanism (Col 12 lines 9-14).
In regards to claim 14, claims 1 and 4 of US ‘461 teaches the method of Claim 11, wherein the lock assembly comprises a spring configured to bias the pawl member to the fourth position (Col 12 lines 15-17).
In regards to claim 15, claims 1 and 4-5 of US ‘461 teaches the method of Claim 11, further comprising: receiving a first key in a first lock, the first lock coupled to the first rotating body; and receiving a second key in a second lock, the second lock coupled to the second rotating body (Col 11 lines 18-22).
In regards to claim 16, claims 1 and 4-6 of US ‘461 teaches the method of Claim 15, further comprising: turning the first key within the first lock to cause rotation of the first rotating body; and turning the second key within the second lock to cause rotation of the second rotating body (Col 12 lines 23-27).
In regards to claim 17, claims 1, 4 and 7 of US ‘461 teaches the method of Claim 11, wherein the lock assembly is configured to be removably received within a door of a storage receptacle, wherein a securement feature is configured to prevent removal of the lock assembly from the door when the arm is engaged with the securement feature (Col 12 lines 28-33).
In regards to claim 18, claims 1, 4 and 8 of US ‘461 teaches the method of Claim 11, wherein rotating the first rotating body from the first position to the second position and rotating the first rotating body from the third position to the first position comprises rotating the first rotating body in a first direction (Col 12 lines 34-41).
In regards to claim 19, claims 1, 4 and 8 of US ‘461 teaches the method of Claim 11, wherein rotating the first rotating body from the second position to the first position and rotating the first rotating body from the first position to the third position comprises rotating the first rotating body in a second direction (Col 12 lines 34-41).
In regards to claim 20, as best understood in light of previous 112 rejections, claim 1 of US ‘461 teaches a lock assembly comprising: a first rotating body (second rotating body) rotatable between a first position, a second position, and a third position (col 11 lines 36-38), the first rotating body comprising: an arm comprising a first surface and a second surface orthogonal to the first surface (Col 11 lines 39-40); and a protrusion; wherein: in the first position, a first portion of the arm extends beyond a perimeter of the lock assembly through a face of the lock assembly such that the first surface and the second surface are non-parallel to the face of the lock assembly (Col 11 lines 46-67); in the second position, the protrusion causes a pawl member to disengage a second rotating body (first rotating body) coupled to a bolt (Col 11 lines 21-28), and a second portion of the arm extends beyond the perimeter of the lock assembly such that the first surface is parallel with the face of the lock assembly ; and in the third position, the arm does not extend beyond the perimeter of the lock assembly (Col 11 lines 46-67).
Claim Rejections - 35 USC § 103
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito JP H07259401 A (hereinafter Ito).
In regards to claim 20, as best understood in light of previous 112 rejections, Ito teaches a lock assembly comprising: a first rotating body rotatable between a first position (see fig 3), a second position (see fig 2), and a third position (see fig 4), the first rotating body comprising: an arm (39) comprising a first surface and a second surface orthogonal to the first surface (see reference image 1); and a protrusion (43); wherein: in the first position, a first portion of the arm extends beyond a perimeter of the lock assembly through a face of the lock assembly such that the first surface and the second surface are non-parallel to the face of the lock assembly (see fig 3; as face would be angled more upward in fig 3); in the second position, the protrusion causes a pawl member (at least 48) to disengage a second rotating body (19) coupled to a bolt (18, see figs 2 and 3), and a second portion of the arm extends beyond the perimeter of the lock assembly such that the first surface is approximately parallel with the face of the lock assembly (see fig 6); and in the third position, the arm does not extend beyond the perimeter of the lock assembly (see fig 4).
However, Ito teaches the first surface is approximately parallel with the face of the lock assembly but it’s unclear whether it is parallel with the face of the lock assembly.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to the first surface is parallel with the face of the lock assembly in the second position, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05. Additionally having the faces parallel with a correct assembly would help indicate errors in the components or assembly if they were not parallel.
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Allowable Subject Matter
If the double patenting rejections are overcome Claims 1-19 would be allowed.
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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/PETER H WATSON/Examiner, Art Unit 3675
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