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 .
Response to Arguments
Applicant’s arguments, see pages 10-11, with respect to claim(s) 36, have been considered and are unpersuasive. Applicant argues Andersson (EP 2 551 709 A1) fails to disclose a second rack end portion that is opposite the first end rack portion in the longitudinal rack direction, and instead only discloses a second rack end portion that is opposite the first end rack portion in the rack depth direction. Examiner respectfully disagrees.
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Andersson discloses the second rack end portion is opposite the first end rack portion in the longitudinal rack direction and in the rack depth direction, depending on the position of the rack portion. That is, when the rack portion is in the first position (e.g., retracted as in Fig. 4a), the second rack end portion is opposite the first end rack portion along the depth direction as argued by Applicant. However, when the rack portion is in the second position (e.g., fully extended as in Fig. 4c), the second rack end portion is opposite the first end rack portion along the longitudinal direction. This is sufficient to anticipate the claim.
For these reasons, the rejection is maintained. This Action is FINAL.
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.
Claim(s) 36-39 and 41-46 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Andersson (EP 2 551 709 A1).
Re. Claim 36, Andersson discloses an enclosure 1 configured to longitudinally engage a fiber optic cassette so as to minimize a raised depth profile of the enclosure comprising:
a housing 2 having a depth extending enclosure portion that extends along an enclosure depth direction and a longitudinally extending enclosure portion that extends along a longitudinal enclosure direction (Fig. 1; [0019]);
a rack portion 3 configured to be secured in the housing 2 and having a depth extending rack portion 10 that extends along a rack depth direction and is configured to fit in the depth extending enclosure portion and a longitudinally extending rack portion 8 that extends along a longitudinal rack direction and is configured to fit in at least a portion of the longitudinally extending enclosure portion (Fig. 2; [0020]);
wherein the rack portion 3 includes a longitudinal rack cassette guide portion 11 that is configured to longitudinally guide a fiber optic cassette along the longitudinal rack direction and allow the fiber optic cassette to longitudinally move between an unloaded cassette position and a loaded cassette position (Fig. 3; [0021]);
wherein the rack portion 3 includes a first rack end portion that is configured to be secured (e.g., via screw 19) in the cassette receiving housing portion for rotation about an axis that is fixed relative to the cassette receiving housing portion (Fig. 5c; [0022] and [0026]);
wherein the rack portion includes a second rack end portion 12 (e.g. opposite the first end portion in the longitudinal rack direction when fully extended) that is configured to allow the rack portion 3 to move to a first rack position (e.g., retracted) as seen in Fig 4a, where the rack portion 3 is configured to prevent a fiber optic cassette from longitudinally moving from the loaded cassette position to the unloaded cassette position and minimize the raised depth profile of the enclosure by orienting a depth extending cassette portion of a fiber optic cassette that extends along a cassette depth direction of the fiber optic cassette to be substantially in parallel with the depth extending enclosure portion and orienting a longitudinal extending cassette portion of the fiber optic cassette to be substantially in parallel with the longitudinally extending enclosure portion (Fig. 4a; [0021]); and
wherein the second rack end portion 12 is configured to allow the rack portion 3 to move to a second rack position (e.g., fully extended) as seen in Fig 4c, where the rack portion 3 is configured to allow a fiber optic cassette to longitudinally move from the loaded cassette position to the unloaded cassette position, so as to provide the enclosure with a minimized raised depth profile that permits cassettes to be inserted into and removed from the cassette receiving housing portion (Fig. 4c; [0024]-[0025]).
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Re. Claim 37, Andersson discloses the housing 2 includes a height extending enclosure portion that extends along an enclosure height direction (Fig. 1; [0019]).
Re. Claim 38, Andersson discloses the rack portion3 includes a height extending rack portion 22 that extends along a rack height direction and is configured to fit in at least a portion of the height extending enclosure portion when the rack portion is in the first rack position (Fig. 2; [0020]).
Re. Claim 39, Andersson discloses the rack portion 3 is configured to minimize the raised depth profile of the enclosure 1 when the rack portion 3 is in the first rack position by also orienting a height extending cassette portion of the fiber optic cassette to be substantially in parallel with the height extending enclosure portion (Figs. 1-2).
Re. Claim 41, Andersson discloses the rack portion 3 is configured to position the second rack end portion inside the depth extending enclosure portion when the rack portion is in the first rack position (Fig. 1).
Re. Claim 42, Andersson discloses the rack portion 3 is configured to position the second rack end portion outside of the depth extending enclosure portion when the rack portion is in the second rack position so as to allow a fiber optic cassette to be longitudinally inserted into or removed from longitudinally extending rack portion when the rack portion is in the second rack position (Figs. 4b and 5c; [0025]-[0026]).
Re. Claim 43, Andersson discloses the rack portion 3 is configured to rotate about an axis (e.g., screw 19) that extends along a direction perpendicular to the longitudinal enclosure direction between the first rack position and the second rack position (Fig. 5c; [0022] and [0026]).
Re. Claim 44, Andersson discloses a door 17 that configured to move between a first door position (Fig. 4b), where the rack portion 3 is configured to move between the first rack position and the second rack position, and a second door position (Fig. 4a), where the door 17 is configured to prevent the rack portion from moving between the first rack position and the second rack position ([0021]).
Re. Claim 45, Andersson discloses the housing 2 comprises a rear wall, a top wall, a bottom wall opposite the top wall, and a pair of opposed sidewalls positioned between the top wall and the bottom wall, and wherein the rear wall, the top wall, the bottom wall, and the pair of opposed sidewalls define the depth extending enclosure portion and the longitudinally extending enclosure portion (Figs. 1-2).
Re. Claim 46, Andersson discloses a rear wall, a top wall, a bottom wall, and a pair of opposed sidewalls define a height extending enclosure portion that extends along an enclosure height direction, and wherein the rack portion includes a height extending rack portion 22 that extends along a rack height direction and is configured to fit in at least a portion of the height extending enclosure portion when the rack portion 2 is in the first rack position (Fig. 2; [0020]).
Allowable Subject Matter
Claim 40 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.
Re. Claim 40, the prior art does not disclose or reasonably suggest the enclosure as required by the claim, specifically wherein the longitudinal rack cassette guide portion comprises a first longitudinal rail guide portion that is configured to engage a first longitudinal slot guide portion of the fiber optic cassette and a second longitudinal rail guide portion that is configured to engage a second longitudinal slot guide portion of the fiber optic cassette, in combination with the remaining limitations of the claim.
The most applicable prior art, Andersson, fails to disclose or reasonably suggest the claimed structure, and instead illustrates first and second longitudinal rail guides which engage with a side wall of the enclosure 1.
Claims 47-70 are allowed.
Re. Claims 47-57, the prior art does not disclose or reasonably suggest the enclosure as required by the claim, specifically wherein a fiber optic cassette receiving portion configured to be secured in the cassette receiving housing portion and including a longitudinal guide member that extends along a longitudinal cassette receiving direction of the fiber optic cassette receiving portion and is configured to longitudinally engage a longitudinal guide member engaging portion of a fiber optic cassette; and wherein the fiber optic cassette receiving portion is configured to rotate about an axis that is fixed relative to the cassette receiving housing portion and extends along an axis direction that is perpendicular to the longitudinal housing direction between a first position, where a first end portion of the fiber optic cassette receiving portion is received in the cassette receiving housing portion and where the fiber optic cassette receiving portion is configured to prevent a fiber optic cassette that is received in the fiber optic cassette receiving portion from being removed from the fiber optic cassette receiving portion, and a second position, where a second end portion of the fiber optic cassette receiving portion is positioned outside the cassette receiving housing portion and where the longitudinal guide member of the fiber optic cassette receiving portion and the longitudinal guide member engaging portion of a fiber optic cassette are configured to allow the fiber optic cassette to be longitudinally inserted or removed from the fiber optic cassette receiving portion so as to provide the enclosure with a minimized raised depth profile that permits cassettes to be inserted into and removed from the cassette receiving housing portion, in combination with the remaining limitations of the claims.
The most applicable prior art, Andersson, fails to disclose or reasonably suggest the claimed structure, and instead illustrates longitudinal guide members which engage with a side wall of the enclosure 1.
Re. Claims 58-70, the prior art does not disclose or reasonably suggest the enclosure as required by the claim, specifically wherein a first end of the rack portion is configured to be secured in the cassette receiving housing portion between a top wall and a bottom wall for rotation about an axis that extends in an enclosure height direction and is fixed relative to the cassette receiving housing portion, in combination with the remaining limitations of the claims.
The most applicable prior art, Andersson, fails to disclose or reasonably suggest the claimed structure, and instead shows a first end of the rack portion is configured to be secured in the cassette receiving housing portion between a top wall and a bottom wall for rotation about an axis that extends in an enclosure depth direction.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to R. PEACE whose telephone number is (571)272-8580. The examiner can normally be reached 9-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Uyen-Chau Le can be reached at (571) 272-2397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RHONDA S PEACE/Primary Examiner, Art Unit 2874 3/18/25