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.
Claim Objections
Claim 21 is objected to because of the following informalities: In line 2, the phrase “the first door” should be changed to “the second door.” Appropriate correction is required.
Double Patenting
4. A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
5. Claims 3-6, 8-14, and 16-21 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-13 of prior U.S. Patent No. 12,486,699. This is a statutory double patenting rejection.
Claim Rejections - 35 USC § 112
6. 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.
7. Claims 3-21 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.
8. In regards to claim 3, the metes and bounds of the claim are unclear. Specifically, based on claim 7, it appears that the use of the apparatus with a pass-through compartment in claim 3 is considered as intended use, however, claim 8 recites features specific to the pass-through compartment. Therefore, it is unclear if claim 3 is drawn to the apparatus alone or the combination of the apparatus with the pass-through compartment. For examination purposes, the claim will be examined as the combination of the apparatus and the pass-through compartment.
9. In regards to claim 12, the metes and bounds of the claim are unclear. Specifically, based on claim 15, it appears that the use of the apparatus with a pass-through compartment in claim 12 is considered as intended use, however, claim 16 recites features specific to the pass-through compartment. Therefore, it is unclear if claim 14 is drawn to the apparatus alone or the combination of the apparatus with the pass-through compartment. For examination purposes, the claim will be examined as the combination of the apparatus and the pass-through compartment.
10. In regards to claim 21, it is unclear how the strike pin is mounted to the “first door” via the first bracket, when claim 13 recites that the strike pin is on the second door. For examination purposes, the claim will be examined as reciting the second door instead of the first door. See claim objection above.
11. In regards to claims 4-11 and 13-20, these claims are rejected under 35 U.S.C. 112(b) because they depend from claims 3 and 12.
Claim Rejections - 35 USC § 102
12. 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.
13. Claim(s) 1, 2, 12, and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matchette (US-1222966).
14. In regards to claim 1, Matchette discloses an apparatus comprising: a pass-through housing 10 including a first door 12 and a second opposing door 13; a first locking pin 22 on the first door (Figure 4) and a second locking pin 22 on the second door (Figure 4); and a locking assembly (Figure 4) configured to engage the first locking pin and lock the first door when the second door is opened (Page 2, lines 26-49) and to engage the second locking pin and lock the second door when the first door is opened (Page 2, lines 14-25), wherein the locking assembly comprises a first vertically moveable pivot arm (see Figure 4 below) coupled to a first keyhole profile (see Figure 4 below, with this structure considered as a keyhole profile because it has an opening extending into the page in Figure 4, creating the hook shaped end and includes a tooth or end of the hook that engages with the notch 23, Figure 4) configured to engage the first locking pin and lock the first door when the second door is opened, and a second vertically movable pivot arm (see Figure 4 below) coupled to a second keyhole profile (see Figure 4 below, with this structure considered as a keyhole profile because it has an opening extending into the page in Figure 4, creating the hook shaped end and includes a tooth or end of the hook that engages with the notch 23, Figure 4) to engage the second locking pin and lock the second door when the first door is opened.
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15. In regards to claim 2, Matchette discloses an apparatus comprising: a locking assembly (Figure 4) configured for operatively coupling to a first door 12 and a second door 13 of a pass-through housing 10, the locking assembly comprising a first locking pin 22 on the first door (Figure 4) and a second locking pin 22 on the second door (Figure 4); wherein the locking assembly is configured to engage the first locking pin and lock the first door when the second door is opened (Page 2, lines 26-49), and to engage the second locking pin and lock the second door when the first door is opened (Page 2, lines 14-25), wherein the locking assembly comprises a first vertically moveable pivot arm (see Figure 4 on Page 5 of the current Office Action) having a first keyhole profile (see Figure 4 on Page 5 of the current Office Action, with this structure considered as a keyhole profile because it has an opening extending into the page in Figure 4, creating the hook shaped end and includes a tooth or end of the hook that engages with the notch 23, Figure 4) configured to engage the first locking pin and lock the first door when the second door is opened, and a second vertically movable pivot arm (see Figure 4 on Page 5 of the current Office Action) having a second keyhole profile (see Figure 4 on Page 5 of the current Office Action, with this structure considered as a keyhole profile because it has an opening extending into the page in Figure 4, creating the hook shaped end and includes a tooth or end of the hook that engages with the notch 23, Figure 4) to engage the second locking pin and lock the second door when the first door is opened.
16. In regards to claims 12 and 15, Matchette discloses an apparatus comprising: an assembly (Figure 4) configured for coupling to a pass-through compartment 10, the pass-through compartment having a first door 12 and a second door 13; the assembly comprising: a spring pin 19 (cooperating with the first door, Figure 4); a spring 21 in communication with the spring pin; a rod 17 coupled to the spring pin (coupled via spring 21); a pivot arm (second pivot arm in Figure 4 on Page 5 of the current Office Action) coupled to the rod; and a keyhole profile (second keyhole profile in Figure 4 on Page 5 of the current Office Action, with this structure considered as a keyhole profile because it has an opening extending into the page in Figure 4, creating the hook shaped end and includes a tooth or end of the hook that engages with the notch 23, Figure 4).
17. In regards to claim 16, Matchette discloses that the apparatus is positioned inside a wall of the pass-through compartment (Figures 1, 3, and 4).
18. In regards to claim 17, Matchette discloses that the spring pin and the spring are positioned in proximity to a latch 22 on the first door, and wherein the pivot arm and the keyhole profile are positioned in proximity to a second latch 22 on the second door (Figure 4).
19. Claim(s) 12-17 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hodgkinson (US-0976261).
20. In regards to claims 12 and 15, Hodgkinson discloses an apparatus comprising: an assembly (Figure 1) configured for coupling to a pass-through compartment 2, 3, the pass-through compartment having a first door 5 and a second door 4; the assembly comprising: a spring pin (see Figure 1 below); a spring 23 in communication with the spring pin; a rod (see Figure 1 below) coupled to the spring pin; a pivot arm 19 coupled to the rod; and a keyhole profile 15 (with this structure considered as a keyhole profile because it has an opening extending into the page in Figure 2, creating the hook shaped end and includes a tooth or end 18 of the hook that engages behind the hook shaped end of component 6, Figure 2).
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21. In regards to claim 13, Hodgkinson discloses that the spring is compressed and the spring pin is flush with a frame 2 of the pass-through compartment when the first door is closed (Figure 1); and wherein the spring is uncompressed when the first door is open, thereby causing the spring pin to protrude through the frame of the pass-through compartment and causing the rod to be pulled away from the second door (Figure 3), thereby causing the pivot arm to pivot, thereby moving the keyhole profile to engage a strike pin 6 mounted on the second door, thereby locking the second door (after the first door is opened to the state in Figure 3, the rod is in a state in which, when the first door is closed again, the keyhole profile is moved, Page 2, lines 44-64).
22. In regards to claim 14, Hodgkinson discloses that the pivoting of the pivot arm causes the keyhole profile to move in a vertical direction relative to the pass-through compartment (Page 2, lines 44-64).
23. In regards to claim 16, Hodgkinson discloses that the apparatus is positioned inside of a wall of the pass-through compartment (Figure 1).
24. In regards to claim 17, Hodgkinson discloses that the spring pin and the spring are positioned in proximity to a latch 26 on the first door (Figure 1); and wherein the pivot arm and the keyhole profile are positioned in proximity to a second latch 6 on the second door (Figure 1).
25. In regards to claim 20, Hodgkinson discloses that the strike pin is adjustable for alignment with the spring pin (adjustable so as to be engageable by the strike pin via at least the keyhole profile, Page 1, lines 60-74).
Claim Rejections - 35 USC § 103
26. 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.
27. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
28. Claim(s) 3 and 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matchette (US-1222966).
29. In regards to claims 3 and 7, Matchette discloses an apparatus comprising: a first assembly (assembly cooperating with the first door 12, Figure 4) configured for coupling to a pass-through compartment 10, the pass-through compartment comprising a first door 12 and a second door 13; the first assembly comprising: a first spring pin 19 (cooperating with the first door 12, Figure 4); a first spring 21 in communication with the first spring pin; a first rod 18 coupled to the first spring pin; a first pivot arm (see Figure 4 on Page 5 of the current Office Action) coupled to the first rod; and a first keyhole profile (see Figure 4 on Page 5 of the current Office Action, with this structure considered as a keyhole profile because it has an opening extending into the page in Figure 4, creating the hook shaped end and includes a tooth or end of the hook that engages with the notch 23, Figure 4) coupled to the first pivot arm; and a second assembly (assembly cooperating with the second door 13, Figure 4) configured for coupling to the pass-through compartment; the second assembly comprising: a second spring pin 19 (cooperating with the second door 13, Figure 4); a second rod 17 coupled to the second spring pin; a second pivot arm (see Figure 4 on Page 5 of the current Office Action) coupled to the second rod; and a second keyhole profile (see Figure 4 on Page 5 of the current Office Action, with this structure considered as a keyhole profile because it has an opening extending into the page in Figure 4, creating the hook shaped end and includes a tooth or end of the hook that engages with the notch 23, Figure 4) coupled to the second pivot arm.
Although Matchette does not specifically disclose a second spring in communication with the second spring pin in the same manner as the first spring is in communication with the first spring pin, it would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to include a second spring, with reasonable expectation of success, to aid the first spring and since it has been held that a mere duplication of the essential working parts of a device involves only routine skill in the art.
30. In regards to claim 8, Matchette discloses that the apparatus is positioned inside of a wall of the pass-through compartment (Figures 1, 3, and 4).
31. In regards to claim 9, Matchette teaches that the first spring pin and the first spring are positioned in proximity to a first latch 22 on the first door (within the space near the first door, Figure 4); and wherein the first pivot arm and the first keyhole profile are positioned in proximity to a second latch 22 on the second door (within the space near the second door, Figure 4); and wherein the second spring pin and the second spring are positioned in proximity to the second latch on the second door (within the space near the second door, Figure 4); and wherein the second pivot arm and the second keyhole profile are positioned in proximity to the first latch on the first door (within the space near the first door, Figure 4).
32. Claim(s) 10 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matchette (US-1222966) in view of Hartman (US-1046784).
33. In regards to claim 10, Matchette discloses that the first and second rods each comprise a singular section, but fails to disclose that the first rod comprises a first section and a second section; and wherein the first section and the second section are threaded; and comprising a first connector nut coupling the first section and the second section, thereby configuring the first rod to be adjustable in length; and wherein the second rod comprises a third section and a fourth section; and wherein the third section and the fourth section are threaded; and comprising a second connector nut coupling the third section and the fourth section, thereby configuring the second rod to be adjustable in length. Hartman teaches a rod 14, 16 (as a unit) comprising a first section 14 and a second section 16, with the first and second sections being threaded and coupled by a connector nut 15 to thereby allow the length of the rod to be adjusted Page 1, lines 48-54). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to specify that the first and second rods of Matchette each comprise first and second sections coupled by a connector nut, with reasonable expectation of success, such that the lengths of the first and second rods are adjustable since it has been held that the provision of adjustability, where needed, involves only routine skill in the art.
34. In regards to claim 18, Matchette discloses that the rod comprises a singular section, but fails to disclose that the rod comprises a first section and a second section; and wherein the first section and the second section are threaded; and comprising a connector nut coupling the first section and the second section, thereby configuring the rod to be adjustable in length. Hartman teaches a rod 14, 16 (as a unit) comprising a first section 14 and a second section 16, with the first and second sections being threaded and coupled by a connector nut 15 to thereby allow the length of the rod to be adjusted Page 1, lines 48-54). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to specify that the rod of Matchette comprise first and second sections coupled by a connector nut, with reasonable expectation of success, such that the length of the rod is adjustable since it has been held that the provision of adjustability, where needed, involves only routine skill in the art.
35. Claim(s) 11 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matchette (US-1222966) in view of D’Souza et al. (US Pub. No. 2019/0112850).
36. In regards to claim 11, Matchette teaches that the first rod is coupled to the first spring pin via a first joint linkage (Figure 4), and wherein the second rod is coupled to the second spring pin via a second joint linkage (Figure 4), but fails to disclose that the first and second joint linkages are ball joint linkages. D’Souza et al. teaches the use of a ball joint linkage 66, 70 between two components (Figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to utilize a ball joint linkage between the first rod and the first spring pin and the between the second rod and the second spring pin of Matchette, with reasonable expectation of success, so as to enhance the ability of the positions of the first and second spring pins to be adjusted.
37. In regards to claim 19, Matchette teaches that the rod is coupled to the spring pin via a joint linkage (Figure 4), but fails to disclose that the joint linkage is a ball joint linkage. D’Souza et al. teaches the use of a ball joint linkage 66, 70 between two components (Figure 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of applicant’s invention to utilize a ball joint linkage between the rod and the spring pin of Matchette, with reasonable expectation of success, so as to enhance the ability of the position of the spring pin to be adjusted.
Allowable Subject Matter
38. Claims 4-6 and 21 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.
39. 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 invention of claims 4 and 21.
40. In regards to claim 4, Matchette (US-1222966) fails to disclose that the first spring pin is maintained in a first position when the first door is closed, thereby maintaining the first spring in a compressed state; wherein the first spring is uncompressed when the first door is open, thereby causing the first spring pin to move to a second position protruding from a frame of the pass-through compartment and causing the first rod to be pulled away from the second door, thereby causing the first pivot arm to pivot, thereby moving the first keyhole profile to engage a first strike pin mounted on the second door, thereby locking the second door; wherein the second spring pin is maintained in a third position when the second door is closed, thereby maintaining the second spring in a compressed state; wherein the second spring is uncompressed when the second door is open, thereby causing the second spring pin to move to a fourth position protruding from the frame of the pass-through compartment and causing the second rod to be pulled away from the first door, thereby causing the second pivot arm to pivot, thereby moving the second keyhole profile to engage a second strike pin mounted on the first door, thereby locking the first door. The examiner can find no motivation to modify the device of Matchette without employing improper hindsight reasoning and without destroying the intended structure and operation of the device.
41. In regards to claim 21, Hodgkinson (US-0976261) discloses a first bracket 8 configured for attachment to the second door, but fails to disclose a second bracket configured for attachment to the first bracket, the second bracket comprising a hole configured for receiving the strike pin; and an intermediate bracket configured for placement between the first bracket and the second bracket, the intermediate bracket comprising a hole with a threaded portion; wherein the strike pin comprises a threaded end; and wherein the threaded portion of the intermediate bracket is configured for receiving the threaded end of the strike pin. The examiner can find no motivation to modify the device of Hodgkinsin without employing improper hindsight reasoning and without destroying the intended structure and operation of the device.
Conclusion
42. 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.
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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 June 26, 2026
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