Notice of Pre-AIA or AIA Status
The present application, filed after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification Objection
The specification is objected to because it does not include the following reference numbers from the drawings:
37 from figure 5B
483 and 484 from figure 9
464 from figure 12.
Regarding reference number 37, it appears that [0038] should be revised to replace "trays 33" with "trays 35" and replace "mounting portion 35" with "mounting portion 37".
Claim Objections
Claim 27 is objected to because line 5 recites "structured configured". It appears that one of those words should be deleted. For the purpose of comparison with prior art in this action, it will be assumed that "structured" remains.
Claims 29 and 31 are objected to because they include an unnecessary instance of "is" in line 1.
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.
Claims 19-22, 24, and 26-32 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claims 19 and 27 are indefinite because there is insufficient antecedent basis for "the adapter held by the adapter holder portion" as recited in the last two lines of each claim. The earlier text of those claims does not positively recite an adapter which is held by the adapter holder portion. For the purpose of comparison with prior art in this action it will be assumed that "the" is replaced with "an" in the above-quoted phrase. Claims 20-22, 24, 26, and 28-32 are rejected by dependence from claims 19 or 27.
Claims 22 and 30 are further indefinite because there is insufficient antecedent basis for "the first position" in line 3 (both claims) or "the second position" in line 4 of claim 22 / lines 3-4 of claim 30. It is possible that claim 22 should depend from claim 21 rather than claim 19, and that claim 30 should depend from claim 29 rather than claim 27.
Claim Rejections - 35 USC § 102
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.
Claims 19, 24, 26-27, and 31-32, to the extent they are definite, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5497444 (cited in a previous action).
Claim 19: '444 discloses an adapter bulkhead apparatus structurally configured to provide enhanced access to an adapter on an adapter bulkhead comprising:
an adapter holder portion structurally configured to hold an adapter 90;
a retaining portion 26 (numbered in figs. 1-6, including a tray 46, platform 44, and walls 52a-52c mounted thereto) structurally configured to movingly retain the adapter holder portion (see e.g. figs. 7-18);
a guide portion 38 structurally configured to guide movement of the retaining portion 26 (fixture 26 is rotatable about pivot rod 38 as shown in fig. 4 and described at col. 5 lns. 60-67; thus 38 guides movement of 26 by constraining it to rotate about one axis, by interaction with clips 50);
wherein the retaining portion is configured to include a first groove 56 and a second groove 56 configured to receive the adapter holder portion (grooves 56 are shown in figs. 9-17, and receive rails 64 of respective adapter holders 58 shown in fig. 21; col. 4 lns. 40-49);
wherein the adapter holder portion includes an adapter receiving portion structurally configured to receive an adapter 90; and
wherein the adapter holder portion comprises a plurality of adapter holders 58 that are structurally configured to slide relative to one another and relative to the retaining portion so as to enhance access space to an [[the]] adapter held by the adapter holder portion (fig. 18 shows two adapter holders 58 slid away from the others).
Claim 24: The guide portion is structurally configured to include a pivoting guide portion (38 is a pivot rod) structurally configured to permit the retaining portion to pivot relative to the guide portion.
Claim 26: The adapter holder portion is configured to include a locking portion (at least lock mechanism 70) configured to lock the adapter holder portion in position (see col. 4 ln. 57 - col. 5 ln. 29).
Claim 27: '444 discloses an adapter bulkhead apparatus for providing enhanced access to an adapter on an adapter bulkhead comprising:
an adapter holder portion structured to hold an adapter;
a retaining portion structured to movingly retain the adapter holder portion;
a guide portion structured
wherein the retaining portion is structured to include a first groove and a second groove configured to receive the adapter holder portion;
wherein the adapter holder portion includes an adapter receiving portion structured to receive an adapter; and
wherein the adapter holder portion comprises a plurality of adapter holders structured and adapted to slide relative to one another and relative to the retaining portion so as to enhance access space to an [[the]] adapter held by the adapter holder portion. See above with regard to claim 19.
Claim 31: The guide portion [[is]] includes a pivoting guide portion structured to permit the retaining portion to pivot relative to the guide portion. See above with regard to claim 24.
Claim 32: The adapter holder portion includes a locking portion structured to lock the adapter holder portion in position. See above with regard to claim 26.
Response to Arguments
The drawing objections, claim informality objections, and 112 rejections of several claims in the 9/16/2025 action are withdrawn in view of the 3/16/2026 response. The art rejection based on US 2009/0245743 A1 is also withdrawn. The art rejection based on US 5497444 has been updated to track changes to claim 19, to address a couple dependent claims which previously had antecedent basis issues, and to address several newly submitted claims.
Allowable Subject Matter
Claims 1-13 and 15-18 are allowed. Claims 20-22 and 28-30 are 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 their respective base claims and all applicable intervening claims, and if the rewriting avoids the pertinent indefiniteness issues mentioned above.
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.
Contact Information
Examiner: 571-272-2360
Examiner's direct supervisor: 571-272-2397
Official correspondence by fax: 571-273-8300
Information regarding the status of an application may be obtained from Patent Center. Should you have questions about Patent Center, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/Michael Stahl/Primary Examiner, Art Unit 2874
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