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 .
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.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 17 February, 2026 has been entered.
Response to Amendment
In response to the request for continued examination filed on 11 March, 2026, the amendment filed on 17 February, 2026 has been fully considered and entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 4-12, and 14-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 1, 4, 7 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smrha et al. (US 2008/0175551; hereinafter Smrha).
Regarding claim 1: Smrha disclosesA patch panel (Figs. 1-2) comprising: a patch panel body (Figs. 1-2, adapter panel arrangement 10) comprising: a front panel (Figs. 1-2, panel of adapters 32) comprising an adaptor mounting hole (Fig. 1, openings 44 are adapter mounting holes); a bottom plate (Figs. 1-2, bottom wall 18 of chassis 12) extending from the front panel and comprising a bottom operation hole (Figs. 1-2 shows two oval holes in the bottom wall of the chassis; in Fig. 2, opening 28 points to one of these holes) formed within the bottom plate; a first rotation connect (Figs. 2-3, see hinges attaching the front cover 26 to the bottom wall 18 of the sliding drawer; the leftmost point of connection to the bottom wall is considered to be a first rotation connect at the first end of the bottom plate) at a first end of the bottom plate; and a second rotation connect (Figs. 2-3, see hinges attaching the front cover 26 of the bottom wall 18 of the sliding drawer; the rightmost point of connection to the bottom wall is considered to be the second rotation connect at the second end of the bottom plate) at a second end of the bottom plate; a first patch clamp (Figs. 2-3, retaining rings 82 are slidably mounted on the bottom plate via the rail member 64 of the sliding frame piece 62, on the left and right ends, i.e. the first and second ends) mounted on the first end of the bottom plate; a second patch clamp (Figs. 2-3, retaining rings 82 are slidably mounted on the bottom plate via the rail member 64 of the sliding frame piece 62, on the left and right ends, i.e. the first and second ends) mounted on the second end of the bottom late; and a cover plate (Figs. 1-3, cover 26) comprising a third rotation connect and a fourth rotation connect (Figs. 1-2, see hinges attaching the front cover 26 of the bottom wall 18 of the sliding drawer; the leftmost point of connection to the front cover is the third rotation connect and the rightmost point of connection to the front cover is the fourth rotation connect), and the third rotation connect is configured to rotatably couple to the first rotation connect (see Figs. 2 and 3, they are configured to rotatably couple).
Regarding claim 4: Smrha disclosesThe patch panel of claim 1 (as applied above), wherein the bottom plate comprises a mounting hole or a boss in a bent shape (Fig. 2 shows that the bottom plate comprises multiple holes, and shows what appears to be screws attaching the hinge to the bottom plate; the screws are understood to be mounted via mounting holes in the bottom plate; alternatively it would have been obvious to provide mounting holes to attach the hinges as shown in Fig. 2).
Regarding claim 7: Smrha disclosesThe patch panel of claim 1 (as applied above), wherein the patch panel comprises an optical fiber patch panel (see paragraphs 0044-0047), and wherein the first patch clamp or the second patch clamp comprises an optical fiber patch clamp (the patch clamps hold patching cables 40; the device is disclosed to be for fiber optic applications, see paragraph 0047; therefore the patch clamp is considered to be a fiber optic patch clamp; additionally, whether the patching cables 40 are fiber optic or electrical patching cables is considered to be a matter of intended use since, as taught in paragraph 0047, the patch panel arrangement is also suitable for electrical cables as well applications having both types of fiber optic and copper/electrical cabling).
Regarding claim 18: Smrha disclosesThe patch panel of claim 1 (as applied above), wherein the cover plate is rotatably coupled to the bottom plate (Figs. 2-3, see hinges attaching the front cover 26 of the bottom wall 18 of the sliding drawer; these make the cover plate rotatably coupled to the bottom plate).
Claims 12 and 14-17 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McGrath et al. (US 2005/0247478; hereinafter McGrath).
Regarding claim 12: McGrath disclosesA patch panel (see annotated Fig. 7) comprising:a patch panel body (see annotated Fig. 7) comprising: a front panel (see annotated Fig. 7) comprising a first hole (see annotated Fig. 7); and a bottom plate (see annotated Figs. 5 and 7) coupled to the front panel (the bottom plate and the front panel are coupled to each other via rack legs 60, see Fig. 7) and comprising:a second hole (see annotated Fig. 7); and a locking hole (see annotated Fig. 5); a cover panel (Figs. 5 and 7, front cover 52) configured to removably couple to the patch panel body (see paragraph 0032), the cover panel comprising a push-pull locking button (see annotated Fig. 5) configured to removably couple to the locking hole (the push-pull locking button couples to the locking holes of the bottom plate, as shown in Fig. 4).
Annotated Fig. 5:
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Annotated Fig. 7:
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Regarding claim 14: McGrath disclosesThe patch panel of claim 12 (as applied above), wherein the second hole is configured to receive a cable and provide the cable to the first hole (Fig. 7 shows cables directed through second holes and routed to the first holes at the adaptors).
Regarding claim 15: McGrath disclosesThe patch panel of claim 12 (as applied above), comprising a patch clamp (see annotated Fig. 7) configured to: couple to an end of the patch panel body (the patch clamp is coupled to the end of the patch panel body); and receive and provide an optical fiber to the patch panel body (annotated Fig. 7 shows cables entering the patch panel body through the patch clamp).
Regarding claim 16: McGrath disclosesThe patch panel of claim 12 (as applied above), wherein a first end of the patch panel comprises a first rotation connect and a second end of the patch panel comprises a second rotation connect (see annotated Fig. 5).
Regarding claim 17: McGrath disclosesThe patch panel of claim 16 (as applied above), wherein a first end of the cover panel comprises a third rotation connect configured to couple to the first rotation connect and a second end of the cover panel comprises a fourth rotation connect configured to couple to the second rotation connect (see annotated Fig. 5).
Regarding claim 20: McGrath disclosesThe patch panel of claim 12 (as applied above), wherein the bottom plate comprises a third hole (Fig. 5, opening 56), wherein a size of the second hole and a size of the third hole are different (see annotated Fig. 5, the opening 56 is a different size than the second holes).
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.
Claims 5 is rejected under 35 U.S.C. 103 as being unpatentable over Smrha et al. (US 2008/0175551; hereinafter Smrha) in view of Srutkowski et al. (US 2011/0293234; hereinafter Srutkowski; cited in prior office action).
Regarding claim 5: Smrha discloses the patch panel of claim 1, as applied above. Smrha fails to teach that the cover plate comprises a push-pull locking button configured to detachably engage with a locking hole of the patch panel body. Srutkowski, related to cable storage devices having pivoting covers (see Fig. 3; see paragraphs 0038-0039), teaches a push-pull locking button (Fig. 3, push-pull locking pin 33) for detachably engaging with a locking hole (Fig. 3, locking pin hole 34). Since it was previously taught by Srutkowski, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the Smrha device by providing the cover plate with a push-pull locking button configured to detachably engage with a locking hole of the patch panel body, for more secure locking and unlocking of the patch panel body in its upright and/or rotated configurations with respect to the cover plate.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Smrha et al. (US 2008/0175551; hereinafter Smrha) in view of O’Connor (US 2013/0077927; hereinafter O’Connor; cited in prior office action).
Smrha discloses the patch panel of claim 1, as applied above. Smrha fails to disclose that the patch clamps are made of plastic. However, O’Connor, also related to cable enclosures (see paragraph 0001), teaches patch clamps (see Figs. 4-8, cable guide 50) that are made of plastic (see paragraph 0021). It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Since plastic was a known material for forming patch clamps, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use plastic to form the patch clamps in the Smrha device based on its suitability for the intended use.
Claim(s) 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Smrha et al. (US 2008/0175551; hereinafter Smrha) in view of Bauer (US Patent No. 6,060,660; hereinafter Bauer).
Regarding claim 8: Smrha discloses the patch panel of claim 1, as applied above. It has been held the term “integral” is sufficiently broad to embrace constructions united by such means as fastening and welding. In re Hotte, 177 USPQ 326, 328 (CCPA 1973). Therefore, the Smrha device is considered to be integrally formed, as the components are shown to be fastened together. However, Smrha fails to teach that the patch panel body is formed from a cold-rolled steel plate. Bauer, also related to patch panels (see abstract), teaches forming the patch panel from a cold-rolled steel plate (see col. 2, line 63-col. 3, line 10). It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Since cold-rolled steel was a known suitable material for patch panel plates, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use a cold-rolled steel plate to form the patch panel body in the Smrha device based on its suitability for the intended use.
Regarding claim 9: Smrha discloses the patch panel of claim 1, as applied above. However, Smrha fails to teach that the cover plate is formed from a cold-rolled steel plate. Bauer, also related to patch panels (see abstract), teaches forming the patch panel and a cover for a patch-panel from a cold-rolled steel plate (see col. 2, line 63-col. 3, line 10). It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Since cold-rolled steel was a known suitable material for patch panel plates, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use a cold-rolled steel plate to form the cover plate in the Smrha device based on its suitability for the intended use.
Claim(s) 10-11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Smrha et al. (US 2008/0175551; hereinafter Smrha) in view of Barlow et al. (US Patent No. 4,900,123; hereinafter Barlow).
Regarding claim 10: Smrha discloses the patch panel of claim 1, as applied above. Smrha further shows cables 36 provided to the patch panel body from the bottom of the patch panel body (see Fig. 14), and teaches that the cables are provided to the adaptor mounting hole (see paragraphs 0024 and 0035). However, Smrha fails to disclose that the bottom operation hole is configured to receive a cable and provide the cable to the adapter mounting hole. Barlow, also related for patch panels (see col. 5, line 65 to col. 6, line 3), teaches an operation hole in the bottom surface of the patch panel body which is configured to receive a cable (see col. 5, lines 42-45 and Fig. 1, holes 92 and 96). In order to additionally provide an additional access point for cables to enter the patch panel body and be provided to the adaptors (as is also suggested by the path of the cables shown in Fig. 14 of Smrha), it would have been obvious to one of ordinary skill in the art to additionally provide the operation holes taught by Barlow which are configured to receive a cable through the bottom surface of the patch panel body.
Regarding claim 11: Modified Smrha teachesThe patch panel of claim 10 (as applied above), wherein the adaptor mounting hole is configured to receive an adapter of the cable (see Smrha paragraphs 0024 and 0035).
Regarding claim 19: Smrha discloses the patch panel of claim 1, as applied above. Smrha fails to disclose that the bottom plate comprises an additional bottom operation hole, wherein a size of the bottom operation hole and a size of the additional bottom operation hole are different. However, Smrha further shows cables 36 provided to the patch panel body from the bottom of the patch panel body (see Fig. 14). Barlow, also related for patch panels (see col. 5, line 65 to col. 6, line 3), teaches an operation hole in the bottom surface of the patch panel body which is configured to receive a cable (see col. 5, lines 42-45 and Fig. 1, holes 92 and 96). In order to additionally provide an additional access point for cables to enter the patch panel body and be provided to the adaptors (as is also suggested by the path of the cables shown in Fig. 14 of Smrha), it would have been obvious to one of ordinary skill in the art to additionally provide the operation holes taught by Barlow which are configured to receive a cable through the bottom surface of the patch panel body. The additional hole, as taught by Barlow, is shaped differently than the oval holes in the bottom plate of the Smrha device, and is shaped to allow the insertion of a bundle of cables. Therefore, it must have different dimensions, so in making the modification, it would be obvious for the bottom plate to include the additional bottom operation hole, wherein the size of the bottom operation hole and a size of the additional bottom operation hole are different.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Smrha et al. (US 2008/0175551; hereinafter Smrha) in view of Womack et al. (WO 2010/096500; hereinafter Womack; provided in IDS filed on 10/04/2023).
Smrha discloses the patch panel of claim 1, as applied above. Smrha further discloses first and second hinges, including first, second, third, and fourth, rotation connects, attaching the first and second ends of the bottom plate to first and second ends of the cover plate, as described above. Smrha fails to teach that the first rotation connect comprises a first pin hole and the second rotation connect comprises a second pin hole, and wherein the third rotation connect comprises a first hinge, and the fourth rotation connect comprises a second hinge. However, before the effective filing date of the claimed invention, hinges attaching two surfaces including a pin hole on one surface and a hinge on the other surface were known, suitable structures for providing a rotatable connection between the two surfaces. Womack teaches that a hinge for connecting a door and housing can be connected by a hinge comprising at least one hinge pin on either surface and a receiver (considered to be a hinge) configured to receive and rotatably support the hinge pin provided on the other surface (see Womack Page 3, second paragraph under heading “Summary of the Invention”). Since it was a known suitable structure for providing a rotatable connection between a door and a housing, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the Smrha device to include that the first rotation connect comprises a first pin hole and the second rotation connect comprises a second pin hole, and wherein the third rotation connect comprises a first hinge, and the fourth rotation connect comprises a second hinge, and one of ordinary skill in the art could expect the device to operate just as well as with the hinges shown in Smrha Fig. 2. Therefore, the choice of a suitable, known hinge is considered to be a matter of obvious design choice.
Conclusion
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/KIRSTEN D. ENDRESEN/Examiner, Art Unit 2874
/THOMAS A HOLLWEG/Supervisory Patent Examiner, Art Unit 2874