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
Claim 28 is objected to because of the following informalities: In lines 5-6, the recitation “of CFC clip ridge for the first fastener from corresponding CFC hook opening for the second fastener” should be “of the CFC clip ridge from the CFC hook opening”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 21-25 are rejected under 35 U.S.C. 112(a), as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, at the time the application was filed, had possession of the claimed invention.
With respect to claim 21: See Applicant’s specification at [0011], [0059], [0068], and originally-filed claim 6 for the only mentions of “rigid” or “rigidity”. The CFW clip stop walls 134 may be rigid members which increase the structural rigidity of the CFW enclosure 100. There is no disclosure of panels 108, 110 being rigid.
Each recitation of “rigid” in the claim limitations “a rigid CFW first side panel; a rigid CFW second side panel” (lines 4-5) and “the rigid CFW first side panel” (line 9, line 10) raises the issue of new matter and necessitates rejection under 35 U.S.C. § 112(a).
With respect to claims 22-25: The claims are rejected under 35 U.S.C. § 112(a) via dependency.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 21-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5,348,356 A (Moulton) in view of US 5,971,507 A (Peroni) and US 6,375,283 B1 (Kitamura).
With respect to claim 21: Moulton discloses a cover (CFW) enclosure comprising: a molded first CFW panel assembly (first panel 10; “Molded plastic enclosure pieces 10 and 20” @ col. 3, line 10) comprising: a CFW top panel (see the annotated image below); a rigid (the plastic material has some non-zero rigidity and/or is depicted as a solid, rigid component) CFW first side panel (see the annotated image below); a rigid CFW second side panel (see the annotated image below); a CFW front panel (see the annotated image below); a CFW clip stop assembly (Fig. 9: the lower of the two protrusions on first panel 10 and engaged with the distal tip of tab 24) formed on and protruding down an interior surface of the rigid CFW first side panel (Fig. 9; starting from the upper, horizontal portion of said protrusion, the protrusion is formed on and protrudes down an interior surface of panel 10 as claimed); a molded second CFW panel assembly (second panel 20; “Molded plastic enclosure pieces 10 and 20” @ col. 3, line 10) comprising: a CFW back panel (see the annotated image below); a CFW bottom panel (see the annotated image below); a CFW clip assembly (Fig. 9: tab 24), coupled to the CFW bottom panel (Fig. 9), having: a CFW clip top portion (top portion of tab 24, including the protruding tip thereof); a CFW clip ridge (the lower edge of the protruding tip) coupled to the CFW clip top portion (Fig. 9); and a CFW clip bottom portion (bottom portion of tab 24) coupled to the CFW clip top portion; and wherein, when the first CFW panel assembly is mated with the second CFW panel assembly: an internal environment is formed (Figs. 5-7 and 9); the CFW clip assembly corresponds to and couples with the CFW clip stop assembly (Fig. 9); the CFW clip bottom portion is obscured from external view (Fig. 9: the bottom portion of tab 24 is obscured from external view by the first panel 10).
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Moulton does not disclose the molded plastic enclosure is a “flex window” enclosure as claimed. Moulton does not disclose “a CFW window with a flexible grid formed in the rigid CFW first side panel and positioned above the CFW clip stop assembly…the flexible grid, in the CFW window, facilitates air flow into the internal environment” as claimed. In Moulton Fig. 9, the top portion of tab 24 does not meet “the CFW clip top portion is externally viewable through the flexible grid of the CFW window” as claimed.
Peroni shows it is known in the art to make end walls 26, 28 “louvered in the sense of having a pattern of holes or openings 62 extending completely therethrough”. The louvered pattern includes an elongated slot or recess 68 disposed in line with and receiving the tooth 66 of a pawl 64. Peroni Fig. 6 shows that when covers 22 and 24 are joined, the tooth 66 of the pawl 64 is externally viewable though the holes or openings 62.
Peroni’s enclosure is for holding various electronic components such as circuit boards and the like (Background of the Invention). Moulton’s enclosure is used for the same or similar purpose (Background of the Invention).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Moulton’s first panel 10 to have Peroni’s holes or openings 62 therein, in order to provide ventilation for electronic components mounted in the enclosure.
Moulton’s first panel 10 is designed to be deflected such that the pressure bump 36 of first panel 10 presses the tab 24 out of engagement with the first panel 10 (cols. 3-4, Figs. 3-4, and Fig. 9). The first panel 10 has some amount of flexibility, and the holes or openings 62 are added to the first panel 10. The holes or openings 62 added to Moulton’s first panel 10 meet “a CFW window with a flexible grid formed in the rigid CFW first side panel” as claimed. This makes Moulton’s modified enclosure a “flex window” enclosure as claimed.
See Moulton Fig. 9. In such a modification, it is obvious to have at least some of such holes or openings 62 above the lower of the two protrusions that are on the inside of first panel 10. This is analogous to the configuration of Peroni, in which the holes or openings 62 are at the connector structure between the two enclosure pieces. This meets “and positioned above the CFW clip stop assembly” as claimed.
The upper tip of tab 24 is visible through the holes or openings 62 added above the lower of the two protrusions on first panel 10, similarly to Peroni Fig. 6 showing tooth 66 of pawl 64 externally viewable through holes or openings 62. This meets “the CFW clip top portion is externally viewable through the flexible grid of the CFW window” as claimed.
The added holes or openings 62 meet “the flexible grid, in the CFW window, facilitates air flow into the internal environment” as claimed because air can flow into the enclosure through said holes or openings 62.
Moulton does not disclose the CFW clip assembly (tab 24) meets “formed to be parallel with the CFW clip stop assembly when the first CFW panel assembly is mated with the second CFW panel assembly” as claimed.
Kitamura discloses pairs of ribs 12 on upper case 10. Some of the pairs of ribs 12 are on either side of a fitting nail 13, and other pairs of ribs 12 have no fitting nail 13 therebetween (Figs. 2 and 4). The ribs 12 correspond to further ribs 22 and fitting parts 23 of a lower case 20.
Kitamura col. 3, lines 19-28 teach that ribs 12, 22 provide contact between the cases 10, 20 at least in two points in the entire periphery direction thereof. Kitamura col. 4, lines 13-23 state:
Then, the first and second ribs function for making up for the mechanical strength in a mode without bend or twist according to the function the same as the above-mentioned conventional configuration. Moreover, according to the function of the third ribs 12, 22, the upper case 10 and the lower case 20 cannot be displaced with each other in the thrust direction when the upper case and the lower case are fitted. As a result, the effect of sufficiently making up for deterioration of the mechanical strength and the rigidity of the main body with respect to bend-or twist deriving from a small size of the radio device main body can be achieved.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Moulton’s first panel 10 to have at least one pair of Kitamura’s ribs 12 thereon, in order to guide Moulton’s tab 24 into engagement with the protrusion on the first panel 10 and/or provide mechanical strength to Moulton’s enclosure similarly to Kitamura’s invention.
The added ribs 12 are interpreted as comprised in the claimed “CFW clip stop assembly”. Such a modification meets, as claimed, the CFW clip assembly (tab 24) formed to be parallel with the CFW clip stop assembly (ribs 12 and the protrusion on first panel 10 that corresponds with the distal tip of tab 24) when the first CFW panel assembly is mated with the second CFW panel assembly (tab 24 is parallel to the ribs 12 when first panel 10 is mated with second panel 20).
With respect to claim 22: Moulton, as modified, meets wherein the CFW clip stop assembly comprises: a CFW clip stop ridge (the lower of the two protrusion on the inside of Moulton’s first panel 10); wherein the CFW clip stop ridge is horizontal with a top panel of the first CFW panel assembly (Moulton Fig. 9); a CFW clip stop wall (one or both of the ribs 12 added to Moulton’s first panel 10) formed perpendicular to the CFW clip stop ridge; and wherein the CFW clip ridge couples with the CFW clip stop ridge when the first panel assembly is coupled with the second panel assembly (Moulton Fig. 9: the tip of tab 24 engages the protrusion on first panel 10).
With respect to claim 23: Moulton, as modified, meets wherein the CFW clip top portion extends horizontally relative to the bottom panel of the second panel assembly and above the CFW clip bottom portion (Moulton Fig. 9: the protrusion at the top portion of tab 24 extends horizontally relative to the bottom panel of second panel 20 and is above the bottom portion of tab 24).
With respect to claim 24: Moulton, as modified, meets wherein when molded the first CFW panel assembly is coupled with the molded second CFW panel assembly (Moulton Fig. 9), the CFW clip bottom portion couples with the CFW clip stop wall (the ribs 12 added to first panel 10 engage the sides of tab 24) to form a rigid combined structure which increases structural rigidity of the CFW enclosure (the ribs 12 prevent lateral play of the tab 24 - which is inherently structurally more rigid than tab 24 not engaged by ribs 12).
Further, Kitamura’s disclosure of the ribs making up for mechanical strength with respect to bending or twisting makes obvious “to form a rigid combined structure which increases structural rigidity of the CFW enclosure” as claimed.
With respect to claim 25: Moulton, as modified, meets a second CFW window (at the opposite side of the first panel 10 than the side shown in Fig. 9); a second CFW clip assembly (tab 24 on said opposite side, as in Moulton Fig. 5); and a second CFW clip stop assembly (the protrusion on first panel 10 engaging the tab 24 on said opposite side, and the ribs 12 added on said opposite side); wherein the CFW clip assembly and the second CFW clip assembly are formed with the CFW bottom panel (both tabs 24 are on the bottom panel of second panel 20); wherein the CFW clip stop assembly is formed with the rigid CFW first side panel (one is on the left side, the other is on the right side); wherein the second CFW clip stop assembly is provided with the rigid CFW second side panel (one is on the left side, the other is on the right side); wherein the CFW window corresponds with a first location on the rigid CFW first side panel (the left side of Moulton Fig. 9); wherein the second CFW window corresponds with a second location on the rigid CFW second side panel (on the right side of the enclosure); wherein the first location and the second location are opposingly aligned (one is on the left side, the other is on the right side); wherein, when the CFW enclosure is in the secured configuration (Fig. 9), the second CFW clip assembly is coupled with the second CFW clip stop assembly (the second tab 24 engages the second protrusion); wherein the CFW window facilitates application of a first force on the top portion of the CFW clip assembly (pressing, similarly to Moulton Figs. 3-4), when the CFW clip assembly is coupled to the CFW clip stop assembly (Moulton Fig. 9); wherein the second CFW window facilitates application of a second force on a top portion of the second CFW clip assembly (pressing, similarly to Moulton Figs. 3-4) when the second CFW clip assembly is coupled to the second CFW clip stop assembly (Mouton Fig. 9); and wherein upon application of the first force in conjunction with the application of the second force: the CFW clip assembly is released from the CFW clip stop assembly; and the second CFW clip assembly is released from the second CFW clip stop assembly; and the first CFW panel assembly is unsecured from the second CFW panel assembly (similarly to Moulton Figs. 3-4).
Allowable Subject Matter
Claims 26-30 are allowed.
Response to Arguments
The claim objection made in the previous Office action is withdrawn, as being overcome by the latest claim amendments. A new claim objection is made above in this Office action.
The claim rejections under 35 U.S.C. § 112(a) made in the previous Office action are withdrawn, as being overcome by the latest claim amendments.
The Applicant’s remarks regarding the rejections under 35 U.S.C. § 103 made in the previous Office action are moot in light of said rejections not being maintained in this Office action. The latest claim amendments necessitate the new rejections under 35 U.S.C. § 103 made in this Office action.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ANDREW ROERSMA whose telephone number is (571)270-3185. The examiner can normally be reached M-F 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Troy can be reached at 571-270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW ROERSMA/Primary Examiner, Art Unit 3637