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
Claims 1 and 2 are objected to because of the following informalities:
Regarding claim 1, there are several limitations that are recited without an introductory article (e.g. “first restricting means”, “first restriction”). It is US practice to use the article “a” to first introduce a claim limitation. For purposes of Examination, the Examiner will interpret the claim as written.
Regarding claim 2, the limitation “detection means” is recited without an introductory article. It is US practice to use the article “a” to first introduce a claim limitation. For purposes of Examination, the Examiner will interpret the claim as written.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “first restricting means”, “first drive means”, “second restricting means”, and “second drive means” in claim 1; and “detection means” in claim 2.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
Claim 2 is 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.
Regarding claim 2, line 10, the phrase "even after" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For purposes of examination, the examiner will interpret the limitations following these phrases as preferred embodiments rather than structural limitations of the claimed invention.
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.
Claims 1, 2, 3, and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Young, US 4509347 A.
Regarding claim 1, Young teaches a locking device (preferred embodiment of door locking system 10; col 3, lines 21-36) capable of performing:
a first switching operation of switching from a locked state (Fig 6) in which a door (door 14) of a storage unit (col 3, lines 21-36 discusses the storage unit to be an inmate’s room) capable of storing an item (an inmate’s room is structurally capable without modification of storing an item such as the inmate themselves, their personal items, or room furniture) is locked to an unlocked state in which the door is unlocked (Fig 3; col 5, line 46-col 6, line 6 discusses switching to an unlocked state); and
a second switching operation of switching from the unlocked state to the locked state (col 5, line 46-col 6, line 6 discusses switching to a locked state),
wherein the locking device comprises:
first restricting means (deadlock portion 72) that implements first restriction, which is restriction of the first switching operation, in the locked state (col 4, lines 46-58 discusses 72 being the portion of bolt cam 40 serving bolt 30 in it lock position);
first drive means (lock solenoid 44) that drives the first restricting means to implement or release the first restriction (col 3, line 64-col 4, line 10 and col 5, line 46-col 6, line 6 discuss how 44 drives 72 and 30 to the locked position);
a locking member (bolt 30) movable between a closed position for holding of the door in a closed state (Fig 6) and an open position for releasing the holding (Fig 3);
second restricting means (lower detent notch 63) that implements second restriction, which is restriction of movement of the locking member from the closed position to the open position, in the locked state (col 5, lines 25-35 discusses 63 engaged by detent ball 98 when 10 is in the locked state);
second drive means (lock solenoid 42) that drives the second restricting means to implement or release the second restriction (col 3, line 64-col 4, line 10 and col 5, line 46-col 6, line 6 discuss how 44 drives 63 of 40 to release engagement with 98); and
a manual lever (cam arm 50) capable of forcibly performing the first switching operation and driving the second restricting means (col 7, lines 9-17 discuss how key 48 moves cylinder lock 46 to rotate 50 to drive 63 of 40 to unlock 10).
Regarding claim 2, Young teaches the locking device according to claim 1, comprising:
detection means (lock bolt extended switch 76) that detects that the second restriction is released (col 4, lines 46-58 and col 6, lines 7-34 discuss 76 detecting whether 30 is extended as a result of second restriction being released); and
a controller (remote control station 114) that controls the locking device (col 5, line 46-col 7, line 8 discusses how 114 controls the operation of 10),
wherein the controller stores a control program (Figs 14;15 depict the circuitry to execute the functional programming to operate 10) configured to:
activate the first drive means to release the first restriction (col 5,line 46-col 6, line 6 discusses 114 activating 44 to release the first restriction);
then, activate the second drive means to issue a command to release the second restriction (col 5,line 46-col 6, line 6 discusses 114 activating 42 to release the second restriction); and
provide a notification (green indicator light 126; red indicator light 132) prompting to forcibly perform the first switching operation using the manual lever when the detection means does not detect that the second restriction is released even after a predetermined time elapses after the first restriction is released (col 6, line 52-col 7, line 17 discusses 114 operating to unlock 10, until that time 126 is illuminated which notifies a locked state, when 132 does not illuminate, 10 is still locked, and if the door is required to be opened, key 48 is required to operate 10 to a manual unlocked state, thereby illuminating 132 which notifies 10 is unlocked; 114 comprises switch 76 to illuminate 126;132 as a result of 30 being either in a locked or unlocked position with delay control relay programmed to shut down the first restricting means or second restricting means after 1.5 seconds).
Regarding claim 3, Young teaches a storage apparatus (col 3, lines 21-36 discusses the storage apparatus to be an inmate’s room which is a set of materials or equipment designed for a particular use meets Merriam-Webster definition 1a of apparatus and the broadest reasonable interpretation of the term) provided with the locking device (10) according to claim 1.
Regarding claim 4, Young teaches a storage apparatus (col 3, lines 21-36 discusses the storage apparatus to be an inmate’s room which is a set of materials or equipment designed for a particular use meets Merriam-Webster definition 1a of apparatus and the broadest reasonable interpretation of the term) provided with the locking device (10) according to claim 2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following patents are cited to further show the state of the art for locking device apparatus.
Samejima, JP 2009079405 A, teaches a door locking and unlocking device with first and second restricting means, first and second drive means, a locking member, and a manual lever.
Collard et al., US 6032500 A, taches a kit for retrofitting a door with a security lock system with first and second restricting means, first and second drive means, and a locking member.
Schlage, US 3751088 A, teaches an electromagnetic lock with first and second restricting means, first and second drive means, a locking member, and a manual lever.
Elpern et al., US 5896769 A, teaches an electrically operated actuator with first and second restricting means, first and second drive means, a locking member, and a manual lever
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVEN A TULLIA whose telephone number is (571)272-6434. The examiner can normally be reached M-F 8-5 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Fulton can be reached on (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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/STEVEN A TULLIA/Examiner, Art Unit 3675
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