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 Amendment
Claims 1, 6-8 are pending.
Claims 2-5, 9, 10 are canceled.
Specification
The disclosure is objected to because of the following informalities:
The specification fails to describe how the following limitation of claim 1 “wherein the power strip is adapted to remain stationary when the compartment is moved relative to the power strip between the opened and closed positions” is performed.
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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claim 1 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, 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, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
A. Claim 1 recites “wherein the power strip is adapted to remain stationary when the compartment is moved relative to the power strip between the opened and closed positions”. However, the written specification fails to disclose how compartment can move relative to the power strip since the power strip is mounted on the compartment via slidable connection.
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 1, 6-8 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.
Claim 1 recites “wherein the power strip is adapted to remain stationary when the compartment is moved relative to the power strip between the opened and closed positions”. It is unclear how the compartment can move relative to the power strip since the power strip is mounted on the compartment. If the compartment moves then the power strip should also move along with it. Accordingly, the claim has not been further treated on the merits. [W]here there is a great deal of confusion and uncertainty as to the proper interpretation of the limitations of a claim, it would not be proper to reject such a claim on the basis of prior art. As stated in In re Steele, 305 F.2d 859, 134 USPQ 292 (CCPA 1962), a rejection under 35 U.S.C. 103 should not be based on considerable speculation about the meaning of terms employed in a claim or assumptions that must be made as to the scope of the claims. MPEP 2173.06(II). In this case, there would require a great deal of speculation as to how the power strip stays stationary while the compartment is opened/moved. All the dependent claims inherit the same issue. Further correction and or clarification is required.
Response to Arguments
Applicant's arguments filed 04/27/2026 have been fully considered but not persuasive.
Applicants argument that fig. 2and para 29 discloses the power strip is adapted to remain stationary when the compartment is moved relative to the power strip is not persuasive. The specification or the drawing fails to show/describe how the power strip stays stationary when the compartment is moved.
As explained in previous office action (09/0/25), the power strip is coupled to the slidable connection and the slidable connection is coupled to an interior surface of the compartment. So, if the compartment is opened/pulled, then the sidewall opens with it, along with the slidable connection. If the slidable connection moves then the power strip comes with it. As such, it remains unclear as to how the power strip can remain stationary with respect to the compartment when the compartment is moved.
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 SANJIDUL ISLAM whose telephone number is (571)272-7670. The examiner can normally be reached Monday-Friday 8:30 -5:00.
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/SANJIDUL ISLAM/Examiner, Art Unit 3736
/CHUN HOI CHEUNG/Primary Examiner, Art Unit 3736
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