Jin· 53 Room 253. REJil~D zr~iig57. Paper No 3 

,..,bern 

l'Lorn 

orn 

rorn 

tebern 

.;>oherbius 

DEPARTME~OF COMMERCE All commrznleatl';;;;;:..S-u.,.1J1111 lllJlllllca&lon should live the se.lal ai1unber 

date or Wing, and Jlllll'le of 

MAILED the apPlicant 

Off iCler 

Re.ferences: 

l,096,168 

1,938,028 

1,733,886 

i,zos,641 

1, 83,072 1,,657,411 

Ser No. 

Filed 

For 

May 12, 1914 

Dec. 5, 1933 

Oct. 29,, 1929 

Mar. 14 1 192~ .Sept. , 192 

Jan. 24, 1928 

35;4 

ti 

u " 

" 

Characters are lacking for articles that resemble 

screw heads in figures 2 and 8 26A and ~ should be added to 

figure 2. Two hasps in t~ia figure have no characters. A 

shaft near the top of fi;ure 6 has no character. A part adjacent 

• 

"36" has no character. mwo parts to the right o:f n31.U'' in 

figure 5 have no characters. The part 26~ in this f ~~ure should 

be more £ully shown. The same 1~ true of parts 26 an~ adjacent 

38 and 39 in figure 6. The lines indicating these parts should 

be ~xtended and broken away, whereby any flat surfaces concerned 

will be indicated. If the examiners meaning ia not clear he Nill 

Bend sketches showing how figures 5 and 6 should be changed. ~he 

in 

parts in figure 5 ara/eapeclal need of change since this structure 

is not very well shown in figure 2. 

Claims l, 7~ ie, 22 and 23 line 2, oleims 17 and 19 

line 3; and claims B-10 line 4 tho expreasio"l 11 or the- 11ke 11 

follow1n~ the recitation of a member such aa nplungern renaera 

these claims indefinite ana they are therefore rejected 

under Haaaz 1873 O.D. 170 or Phillips 1908 v.D. 195. 

I< 11 

Claim l llne 8, Nhat does predetermined a1gn1£y? If the 

apparatus concerned is the part 38 to 40 the 1..erm seems unnecessary 

since ae the device is understo0d the plunger 38 has to go clear 

down to do any good and the user cannot select e.ny other an@lar 

{~ ~~n + 
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Serial No. 549.086 

movement. Th~re is little uae in rec·1t1ng that he oan pre(htterM1no an angular poaition· when the only operative position 

has been aet when tho mach1n~ ••a constructed. 

Cla1m. 2 would appear allowable as now adv1aed if 

the •poo1r1oatlon and drawing •&re amended to eho• the 

atruoture ol~arly. 

;..;la b:a 3 a.no 4 are r•jeoted as. adding nothing to 

:.;lt11m 2 not foni.l~~ in the aw1tohea and rotors ot the J:'&tonta. 

lsi:.~s r,;-7 are rejected aa unpatentabl~ over Korn 

1 1 7oc; , &.' _ l. t:,., •· nd con tao te or wb1oh operate aa cla 1.med. The 

roto1;::: tiff·"! std;>pe~ and operated by meana bf' a· plunger. Ap1n 

·i··-1 vi·~~ "'.!! Hobern of 1928 ther.ct 1• no 1nvontton 1n the plunger 

~l::a .i -:_ -~·d .ror oper• ting tne rotore o~ Korn. 

Clair 8 4a no• advised would ba r~naer~d allowable 

~. - !..' :: !.:lded to avoid the alternativeneea in line 4 and 1r the 

S~···c:t1clilt1on and drawing were eu1tably amended or •xpla1ned. 

Claim 9 is rejected as unpatentable over th~ matter 

to wbiah claim B 1e d1reoL$d· ainoe the contaota ot claim 9 are 

not patentabl7 diat1ny,u1shable from awitoh ot claim 8. A 

norLU1lly open o1rnu1t of claim 9 le not ~•tentebly d1at1ngu.1abeble 

.f'rom the o1'rou1ta 1nclud1ne aw1tuh or al.aim 6 e1nee 1n a 

eryptogra;;J;i1o device lt 1a to be preauDMd that none ot'tbe 

o1rcu1ts 1• oloeed excepting when the apparatus 1a b91ng operatod. 

Cla1n 10 would be allow9d 1£ amended and the drawing 

&.;1d apeo1.f1cat1on •ore amended aa abov:s •t1:gge.1ted. 

Claim ll 1a rejeoted aince any or the apparatua c1t~d 

•:ttn be uaed as an autbent!cator, see part1oular17 Seherb1ua 

lin-s11 51-80 or pag• l. 

Ola1m 12 1a rejected on 8oborb1ua wbloh discloaaa an 

authenticator meane and a counter at 39. 
.... . . • REfeID:A363257 • 

Serial No. 549,086 -3-

C()NFIDENTIAL 

Claims 13, 14 are rejected as drawn mere1y to the 

atepe of using the appar~tua oonoerned as it was intended to be 

used. under Foreman 1924 C.D. 47• These claims are rurther 

rejeoted as patentably 1nderin1te in ~utilizing". These steps 

do not state whet applicant does after he has made a record. 

The Soherbius apparatus has a recorder. The user makes the 

reaord and ut111~ee the 1nd1cationo given by the signal 

lamps. These claims are rejected s1nae wh~n the ataps ar9 ·, 

followed no ohange in the oharaotor or oond1t1on of any thing 

is made, under Jochrane v. D~ener 94 U.S. 780. 

Claim 15 is rejeoted on Korn l,705~641 or Soherbiua 

each of whioh haa a means for pushing the rotors together 

or r~leeeing them. in parts 28 and 27 respectively; the full 

e•u1valent ot appl1oant's alairn.ed cam. Notice t~at Kornts 

apparatus works with a cam. 

Olaime 16 and 17 are rejeoted as obviously unpatentable 

over the referenoe8. 

·clalm 18 ls rejected as unpatentable over the rererence 

and as containing useles~ .matter in the last lin~. The claim 

should make it plain why any other indicator uequires to be 

energized. 

Glaims·19~ 22 and 23 as advised would be rendered 

allow~ble by the smendm9nts suggested. 

Claim 20 is rejected since there is no invention in 

the manually operable plunger over the handle of Korn or the 

electrically operated member of Scherbiua at 27. 

Claim 21 is rejeoted on the same ground as claim 20 

the han~le of Korn and the article 27 of Soherbiua are meana for 

restoring the stirrup 0£ olaim 20. 

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.. 
. . !Pi"• 

• ' . • -,.~ -~ ... - I 

GOf'-IFIDENTIA:L 

Serial No•. 549#086 -4-

_ Claim. 24 is rejeoted as unpatentabls under R.S .. 4886. 

In the event app11oant aoquie8ces in the rejection or 

the method claims page 2 lines 17,' 18. 

Page 5 line 17 "26A" is not found. 

- Page 7 line 3. Figure 5 doe a not show the a ppara tua 

deaoribed~ Line 15 n.17"E.1'* is not found in :t'i{tUre 6. 

Page 10 l!n~ 24 ohange "cons1et1ng" to conalst. 

Row the parts at 55-59 etc. are •perated 1s not 

suffic1ontly disolosed. All cla1ms,includ1ng those oonsidered 

otherwise directed to patentable matter,are therefore rejected. 

Examiner~ 

...