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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 25, 2025 has been entered.
Applicant is respectfully requested to specifically point out the support for any amendments made to the claims (see MPEP 2163.06). For example, if support for a claim amendment is to be found in a figure, please identify the figure and explain how it discloses the claim amendment(s).
The examiner has interpreted that support for the newly amended limitations is as follows:
Claim number
Amended limitation
support
27, 29, 43
“a/the second portion located within an inner periphery of the first portion
Figs 1 & 8
28
“the recessed groove intersects the first and second portions of the first surface at an angle”
Fig 8, [0017]
35
“wherein the second surface…is coextensive with an outer periphery of the third surface”
Fig 7
36
“a fifth surface that connects the first surface and the fourth surface, wherein the fifth surface is angled with respect to the first surface and the fourth surface”
[0033]
37
“the second surface forms a recessed portion of the fifth surface and is angled with respect to the third surface and the fourth surface”
[0029],
Fig 7
Applicant shall confirm or correct the examiner’s interpretation for the new claims.
Response to Remarks, Amendments
Applicant is thanked for their November 25, 2025 response to the June 10, 2025 Office action and September 25, 2025 Advisory Action. In particular, Applicant is thanked for amending the claims to omit reference to “a vertical channel”, thereby rendering the drawing and specification rejections moot.
Please note that claims 1 – 6, 9 – 20, and 22 – 25, rejected in the previous office action, have been deleted. Claim 27 has been amended and claims 28 – 46 are newly presented for examination.
Applicant’s remarks with respect to the prior art have been considered, and inasmuch as they pertain to prior art still being relied upon, the examiner’s response follows below.
In response to the disclosure of by Kono et al (US 8,981,218), Applicant remarked that (inter alia): “Kono fails to disclose, for example, "a recessed groove connecting the first portion to the second portion that comprises a plurality of first ventilation openings," as recited in claim 27 (emphasis added). The Office alleges that Kono describes a first surface that comprises first and second portions separated by "recessed groove (108)." Office Action at 15. However, the alleged first and second portions in Kono are physically separate from each other. The alleged second portion is part of the "bottom housing 102" in Kono, whereas the alleged first portion is part of the "top cover 104" in Kono. Id. at 16; Kono, col. 3, lines 15-40. As described in Kono, the top cover 104 may be "seated" in the bottom housing 102 at the "notched portions" of ventilation posts. Kono, col. 3, lines 15-40. But Fan does not describe or suggest a recessed groove "connecting" the first portion to the second portion of a first surface, as recited in claim 27 (emphasis added). Nor does Kono disclose a first recessed groove in a first surface that comprises a "plurality of first ventilation openings," as recited in claim 27 (emphasis added). Kono at most describes air gap 108, but air gap 108 is a single air gap. It nowhere describes a first surface comprising a recessed groove that comprises a plurality of ventilation openings, as recited in claim 27.
The examiner respectfully notes at least the following:
Applicant’s remark is drawn to a newly claimed limitation, and so the feature upon which applicant relies (“a recessed groove connecting1 the first portion to the second portion”) is not recited in the rejected/examined claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims.
Any recitation of “connecting” in Applicant’s disclosure is limited to specification [0033], claim 24 filed June 29, 2023. However, none of Applicant’s figures provide a cross-section of the housing that would illustrate “a recessed groove connecting the first portion to the second portion”. A review of Applicant’s disclosure does not discuss that "a recessed groove connects the first portion to the second portion”, or that such a structure is inherent due to the housing formation (e.g.: integrally, molding), or provide information that would make the newly claimed limitation “apparent” to one of ordinary skill. While Applicant’s figures 1 and 2 disclose openings (110) in the bottom of the recessed groove (108), it would be conjecture exclude the possibility of openings in the sides of the recessed groove. Indeed, claim 27 discloses “located in a portion of the recessed groove”, and so an opening could be in a side portion of the recessed groove, as depicted, below.
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Regarding the disclosure of Kono et al, when a first portion (top cover: figs 3, 5, 7:(104)) is closed onto a second portion (bottom housing (102)); the examiner maintains that Kono et al discloses a recessed groove (108) that connects the first and second portions, at least at (404/405)[Wingdings font/0xE8] 304. While Kono et al lacks wherein the housing first surface first and second portions are formed (e.g.: of a composite mold) such that a groove is continuous, it is maintained that Kono et al discloses wherein the recessed groove with ventilation openings connects a first portion to the second portion, at least at the interface between 404/405 and 304.
In response to the disclosure of Fan (US 2004/0070923), Applicant remarked that “Fan also fails to disclose, for example, "a recessed groove, comprising a plurality of first ventilation openings," as recited in claim 27. The Office alleges that Fan describes "a recessed groove (70) in which one or more first ventilation openings (701) are located [0018]." Office Action at 15. However, the alleged recessed groove (70) in Fan only includes a single alleged ventilation opening. It does not describe or suggest "a recessed groove, comprising a plurality of first ventilation openings," as recited in claim 27 (emphasis added). In addition, the alleged recessed groove (70) in Fan is merely an air gap. Thus, Fan does not describe or suggest a "recessed groove . . . that connects the first portion to the second portion" of a first surface, as recited in claim 27 (emphasis added). Nor does Fan disclose that a "plurality of first ventilation openings are located in a portion of the recessed groove that is below the first and second portions of the first surface," as recited in claim 27 (emphasis added). Again, Fan merely describes an alleged recessed groove (70) that includes a single ventilation opening (701).”
The examiner respectfully withdraws the rejection where Fan anticipates a groove. However, Fan may be relied upon to teach other features of a ventilated housing.
Claim Interpretations
In re Claims 27 – 29, 32, 38, 39, and 42 – 44, the limitations “a/the first portion” and “a/the second portion” have been interpreted as being the “second portion” and the “first portion”, respectively, disclosed in the drawings and specifications.
In re Claim 34, the limitation “the fourth surface of the housing has a width that is greater than a width of the first surface” has been interpreted as, “at the level of the fourth surface, [[of]] the housing has a width that is greater than a width of the housing at the first surface.
The claim interpretation is provided, as the drawing disclose that the fourth surface 114 has a width that is a fraction of the first surface 102 width, not a width that is greater than the width of the first surface..
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Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph 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 27, 39, and 43 are rejected under 35 U.S.C. §112(a) as failing to comply with the written description requirement.
Claims 27, 39, and 43 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.
In re Claims 27, 39, and 43, written description for the limitation “a/the second portion located within an inner periphery of the first portion” has not been provided in the specification or drawings.
As seen in figure 2, only the ventilation openings (110) are located within an inner periphery of the first portion. The second portion is bounded by the first portion, it is not “within” the inner periphery of the first portion.
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For purposes of examination, claims 27, 39, and 43 have been interpreted as if to disclose wherein “a second portion is [located within]] bounded by an inner periphery of the first portion.”
Claims 28 – 37 and 44 – 46 are rejected, as being dependent from a rejected base claim.
Claim Rejections - 35 USC §103
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 for the rejection will 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 of this title, 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 27 is rejected under 35 U.S.C. §103 as being unpatentable over Ruberto et al (US 2016/0212884), in view of Ricci (US 3,341,064).
In re Claim 27, Ruberto et al discloses a housing comprising:
a first surface (top - 202a) comprising a first portion (208b), a second portion (208a) located within an inner periphery of the first portion (208b), and a ventilation portion (208) connecting the first portion to the second portion that comprises a plurality of first ventilation openings [0020]; and
a second surface (202c – f)
a third surface (bottom – 202b) comprising one or more second ventilation openings (214) [0021],
wherein the plurality of one or more first ventilation openings (208) and the one or more second ventilation openings (214) are arranged to enable stacking of the housing and one or more other housings (as seen in figs 5a – 6) [0029],
wherein the plurality of one or more first ventilation openings (208) are located in a portion of the ventilation portion that is adjacent the first and second portions (208b, 208a) of the first surface when the housing and one or more other housings are stacked;
Ruberto et al lacks:
wherein the ventilation portion is a recessed groove,
wherein the plurality of first ventilation openings are located in a portion of the recessed groove that is below the first and second portions of the first surface; and
wherein the second surface comprises the one or more second ventilation openings.
Ricci teaches housing (figs 13 – 16: (70/75)) comprising:
a first (base) surface (77) comprising a first portion (annotated below), a second portion (annotated below) located adjacent to the first portion, and a recessed groove (78) connecting the first portion to the second portion that comprises a plurality of first ventilation openings (79); and
a second (side) surface (74) comprising one or more second ventilation openings (annotated, below),
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wherein the plurality of one or more first ventilation openings (79) and the one or more second ventilation openings are arranged to enable stacking of the housing and one or more other housings (as seen in fig 16), and
wherein the plurality of one or more first ventilation openings (79) are located in a portion of the recessed groove (78) that is below the first and second portions of the first surface when the housing and one or more other housings are stacked.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the housing of Ruberto et al as taught by Ricci, such that the ventilation portion (208) is shaped as a recessed groove ventilation portion,
wherein a recessed groove connects the first portion to the second portion; and
wherein the plurality of first ventilation openings are located in a portion of the recessed groove that is below the first and second portions ;
for the benefit of insuring free circulation of air through vertically stacked containers (col 1: lns 31 – 32, 36 – 41), permitting access to of air to materials being stored.
Regarding the limitation “a second surface comprises one or more second ventilation openings”, Roberto et al discloses that “As will be understood by one of skill in the art in possession of the present disclosure… the dimensions of the chassis 202 (e.g., the extruded portion that provides the front side wall 202c, the rear side wall 202d, and the side walls 202e and 202f), the dimensions of the feet 212, the venting patterns (i.e., of the top wall perimeter vent 208 and the bottom wall perimeter vent 214), and/or other features of the switches may be adjusted to provide a desired height, a desired fresh air inflow to the chassis housings 204 (e.g., via the air gaps 504, 506, and 508), and other heat dissipation requirements for components within the chassis.” [0029]
Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide ventilation openings in the second surface as well as in the first and third surfaces, in order to provide for a desired fresh airflow into the housing as required for component heat dissipation.
Claims 27 – 31, and 38 –– 46 are rejected under 35 U.S.C. §103 as being unpatentable over Ruberto et al (US 2016/0212884), in view of Campbell et al (US 2013/0335902).
In re Claims 27 – 31, Ruberto et al discloses a housing comprising:
a first surface (top - 202a) comprising a first portion (208b), a second portion (208a) located within an inner periphery of the first portion, and a ventilation surface (208) connecting the first portion to the second portion that comprises a plurality of first ventilation openings [0020];
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a second surface (202c-f);
a third surface (202b) comprising one or more second ventilation openings (214);
wherein the plurality of one or more first ventilation openings and the one or more second ventilation openings are arranged to enable stacking of the housing (200a) and one or more other housings (as seen in figs 5a – 6: (200b, 200c)) [0029],
“The plurality of switches 200 in the stacked configuration 500 of FIGS. 5a, 5b, and 5c are substantially similar to the switch 200 discussed above with reference to FIG. 2, and in the illustrated embodiment, include a switch 200a, a switch 200b, and a switch 200c.” [0028]
wherein the plurality of one or more first ventilation openings are located in a portion of the ventilation surface (208) that is adjacent the first and second portions of the first surface when the housing and one or more other housings are stacked;
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wherein the ventilation surface (208) intersects the first (208b) and second portions (208a) of the first surface (202a) at an angle (as seen in the figures)2;
wherein the ventilation surface (208) is coextensive with the inner periphery of the first portion (208b)3;
wherein the first surface (202a) is a top surface of the housing; and the second surface (2202c-f) is a side surface of the housing4; and
wherein the housing comprises one or more internal components (Abstract), the plurality of first ventilation openings (208) and the one or more second ventilation openings (214) are arranged such that the one or more internal components of the housing are not visible through the plurality of first ventilation openings and the one or more second ventilation openings. [0022]
Please note that Ruberto et al discloses that the housing comprises one or more internal components “may be dimensioned such that the perimeter of the board 216 (the internal components) is within the inner perimeter of the top wall perimeter vent 208 and bottom wall perimeter vent 214 (e.g., such that the perimeter of the board 216 does not extend past the outer perimeter of the top wall center portion 208a and bottom wall center portion 214a)” [0022]. Further Ruberto et al discloses that the internal components are within the inner perimeter of both the top (first surface) ventilation openings and the bottom (third surface) ventilation openings. As the components are within the inner perimeter of the ventilation holes, it has been understood that the components are not visible.
Ruberto et al lacks:
wherein the ventilation surface is a recessed groove5 that is below the first and second portions of the first surface and so accordingly lacks wherein the plurality of one or more first ventilation openings are located in a portion of the recessed groove that is below the first and second portions; and
wherein the second surface comprises the one or more second ventilation openings.
Campbell et al teaches a ventilated housing (fig 3: (300)), comprising a first surface (304), a second surface (308), a third surface (306), a fourth surface (annotated below), and a fifth surface (302),
wherein at least the second surface (308) comprising a recessed groove (channel (502)) comprising one or more ventilation openings (figs 3, 7: (122)) [0028– 0031, 0034], claims 15, 16),
wherein portions (308) of the groove (502) that are located between the one or more ventilation openings (122) form ribs (308)[0031] to promote heat transfer [0026] from internal components (fig 1: (104,106, 108)) [0029] to an exterior or the housing;
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wherein the housing comprises a fifth surface (302) that connects the first surface (304) and the fourth surface (annotated below), wherein the fifth surface is angled [0030] with respect to the first surface (304) and the fourth surface (as seen in figs 3, 6, 7), and wherein the second surface forms a recess portion of the fifth (302) surface.
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the ventilation surface of Ruberto et al as taught by Campbell et al, that the ventilation surface is formed as a recessed groove, the ventilation openings located in a portion of a recessed groove, such that the portions of the groove that are adjacent the ventilation openings form ribs that promote heat transfer to improve cooling efficiency [0026].
Additionally, it would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the housing or Ruberto et al, as taught by Campbell et al, such that the second surface of the housing comprises one or more second ventilation openings, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Please note that in the instant application, [0020] applicant disclosed that the second “ventilation openings may comprise any number of ventilation openings, and may be of any size or shape that enables air to flow into an/or out of the device.”
Regarding the limitation “wherein the plurality of first ventilation openings are located in a portion of the recessed groove that is below the first and second portions of the first surface”, as Campbell teaches a recess groove comprising ventilation openings, it is inherent that any portion of a groove will be below (“a depression”) portions of a surface in which the groove is formed.
When the teachings of Campbell are applied to Ruberto et al, the housing comprises:
wherein the recessed groove intersects the first and second portion of the first surface at an angle6
wherein the recessed groove is coextensive with the inner periphery of the first portion7; and
wherein the first surface is a top surface of the housing and the second surface is a side surface of the housing8,
In re Claims 38 – 41, Ruberto et al discloses: a housing comprising one or more internal components (Abstract), the housing comprising:
a first surface (top - 202a) comprising a first portion (208b), a second portion (208a), and a ventilation surface (208) between the first and second portions that comprises one or more first ventilation openings [0020];
wherein the second portion (208a) is located within an inner periphery of the first portion (208b)9, and the ventilation surface (208) is coextensive with the inner periphery of the first portion (208b)10;
a second surface (202f-c), the second surface is substantially perpendicular to the first portion of the first surface; and
a third surface (fig 2c: (202b)) that is opposite the first surface, wherein the third surface comprising one or more second ventilation openings (214);
wherein the one or more first ventilation openings (208) and the one or more second ventilation openings (214) are arranged to enable stacking of the housing and one or more other housings (as seen in figs 5a – 6) [0029], and
wherein the one or more first ventilation openings are located in a portion of the ventilation surface (208) that is adjacent the first and second portions of the first surface when the housing and one or more other housings are stacked11;
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wherein the second portion (208a) is located within an inner periphery of the first portion (208b), and the ventilation portion (208) is coextensive with the inner periphery of the first portion (208b)12;
wherein the first surface (202a) is a top surface of the housing, the second surface (202c-f) is a side surface of the housing, and the third surface (202b) is a bottom surface of the housing; and
wherein the ventilation surface (208) is angled with respect to the first (208b) and second (208a) portions of the first surface13.
Ruberto et al lacks wherein the ventilation surface is a recessed groove14 that is below the first and second portions of the first surface, and so accordingly lacks wherein the plurality of one or more first ventilation openings are located in a portion of the recessed groove that is below the first and second portions15; and
Ruberto et al lacks wherein the second surface comprises one or more second ventilation openings16; and
As the housing of Ruberto et al is substantially cuboid, the housing of Ruberto et al lacks:
wherein a fourth surface that extends outward from the second surface and that is substantially parallel to the first surface and the third surface; and
wherein a fifth surface that connects the first surface and the fourth surface and that is angled with respect to the first surface and the fourth surface17; and
wherein the second surface is angled with respect to the third surface and the fourth surface18;
Campbell et al teaches a ventilated housing (fig 3: (300)), comprising at least a first surface (304), a second surface (308), a third surface (306) that is opposite the first surface (304), a fourth surface (annotated below), and a fifth surface (302),
wherein the second surface (308) comprises one or more second ventilation openings (figs 3, 7: (122)), the second surface is substantially perpendicular to the first surface (304);
wherein the one or more second ventilation openings (122) are located in a recessed groove (channel (502)) [0028– 0031, 0034], claims 15, 16),
wherein the first surface (304) is a top surface of the housing; the second surface (308) is a side surface of the housing; and the third surface (306) is a bottom surface of the housing19;
wherein the fourth surface extends outward from the second surface (308) and is substantially parallel the first surface (304) and the third surface (306)20; and
the fifth surface (302) connects the first surface (304) and the fourth surface (annotated below), and that is angled [0030] with respect to the first surface (304) and the fourth surface (as seen in figs 3, 6, 7)21.
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It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the ventilation surface of Ruberto et al as taught by Campbell et al, that the ventilation surface is formed as a recessed groove, the ventilation openings located in a portion of a recessed groove, such that the portions of the groove (502) that are adjacent the ventilation openings (122) form ribs [0031] to promote heat transfer [0026] from internal components (fig 1: (104,106, 108)) [0029] to an exterior or the housing, thereby improving cooling efficiency [0026].
Regarding the limitation “wherein the plurality of first ventilation openings are located in a portion of the recessed groove that is below22 the first and second portions of the first surface”, as Campbell et al teaches a recess groove comprising ventilation openings, it is inherent that any portion of a groove is below (“a depression”) portions of a surface in which the groove is formed.
Additionally, it would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the housing or Ruberto et al such that the second surface of the housing comprises one or more second ventilation openings, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. Please note that in the instant application, [0020] applicant disclosed that the second “ventilation openings may comprise any number of ventilation openings, and may be of any size or shape that enables air to flow into an/or out of the device.”
When the teachings are applied to the housing of Ruberto et al, the proposed housing would yield:
a first surface comprising a first portion, a second portion, and a recessed groove between the first and second portions that comprises one or more first ventilation openings;
a second surface, comprising one or more second ventilation openings, that is substantially perpendicular to the first portion of the first surface;
a third surface that is opposite the first surface,
wherein the one or more first ventilation openings and the one or more second ventilation openings are arranged to enable stacking of the housing and one or more other housings,
wherein the one or more ventilation openings are located in a portion of the recessed groove that is below the first and second portions of the first surface when the housing and one or more other housings are stacked;
wherein the second portion is located within an inner periphery of the first portion, and the recessed groove is coextensive with the inner periphery of the first portion; and
wherein the first surface is a top surface of the housing; the second surface is a side surface of the housing; and the third surface is a bottom surface of the housing.
In re Claims 41 and 42, the proposed housing has been discussed (In re Claim 38, above), Campbell et al further teaching:
wherein a fourth surface (annotated, below) that extends outward from the second surface (308) and that is substantially parallel to the first surface (304) and the third surface (306); and a fifth surface (302) that connects the first surface (304) and the fourth surface and that is angled with respect to the first surface (304) and the fourth surface; and
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wherein the second surface (308) is angled with respect to the third surface (306) and the fourth surface.
It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the proposed housing as taught by Campbell et al, the housing comprising five surfaces in lieu of four, such that
a fourth surface that extends outward from the second surface and that is substantially parallel to the first surface and the third surface;
a fifth surface that connects the first surface and the fourth surface and that is angled with respect to the first surface and the fourth surface; and
wherein the recessed groove is angled with respect to the first and second portions of the first surface, and the second surface is angled with respect to the third surface and the fourth surface;
for the benefit of a housing formation that promotes heat transfer from internal components (fig 1: (104,106, 108)) [0029] to an exterior or the housing, thereby improving cooling efficiency [0026].
In re Claims 43 – 46, see above In re Claims 27 – 31.
In re Claim 43, see above In re Claim 27. Ruberto et al discloses, “The plurality of switches 200 in the stacked configuration 500 of FIGS. 5a, 5b, and 5c are substantially similar to the switch 200 discussed above with reference to FIG. 2, and in the illustrated embodiment, include a switch 200a, a switch 200b, and a switch 200c.” [0028].
Accordingly, the proposed combination discloses a system comprising:
a first housing (200a) comprising:
a first surface comprising a first portion, a second portion located within an inner periphery of the first portion, and a recessed groove connecting the first portion to the second portion that comprises a plurality of first ventilation openings; and
a second surface comprising one or more second ventilation openings; and
a second housing (200b) comprising:
a first surface comprising a first portion, a second portion located within an inner periphery of the first portion, and a recessed groove connecting the first portion to the second portion that comprises a plurality of first ventilation openings; and
a second surface comprising one or more second ventilation openings,
wherein one of the first housing (200a) or the second housing (200b) is stacked on the other one of the first housing or the second housing, and wherein, in each of the first and second housings, the plurality of first ventilation openings are located in a portion of the recessed groove that is below the first and second portions of the first surface.
In re Claim 44 see above In re Claim 29, the proposed system comprising:
wherein the recessed groove of the first housing is coextensive with the inner periphery of the first portion of the first surface of the first housing; and
the recessed groove of the second housing is coextensive with the inner periphery of the first portion of the first surface of the second housing.
In re Claim 45, Ruberto et al discloses (fig 5a) wherein:
the first housing (200a) further comprises a third surface (202b) that is opposite the first surface (202a) of the first housing, wherein the first surface of the first housing is a top surface of the first housing, the second surface (202f-c) of the first housing is a side surface of the first housing, and the third surface (202b) of the first housing is a bottom surface of the first housing; and
the second housing (200b) further comprises a third surface (202b) that is opposite the first surface (202a) of the second housing (200b), wherein the first surface of the second housing is a top surface of the second housing, the second surface (202f-c) of the second housing is a side surface of the second housing, and the third surface of the second housing is a bottom surface of the second housing.
In re Claim 46, see above In re Claim 27, wherein Ruberto et al discloses:
each of the first (200a) and second housings (200b) comprises one or more internal components (Abstract);
the plurality of first ventilation openings (208) of the first housing (200a) and the one or more second ventilation openings (214) of the first housing are arranged such that the one or more internal components of the first housing are not visible through the plurality of first ventilation openings of the first housing and the one or more second ventilation openings of the first housing [0022]; and
the plurality of first ventilation openings (208) of the second housing (200b) and the one or more second ventilation openings (214) of the second housing are arranged such that one or more internal components of the second housing are not visible through the plurality of first ventilation openings of the second housing and the one or more second ventilation openings of the second housing [0022].
Please note that Ruberto et al discloses that the housing comprises one or more internal components “may be dimensioned such that the perimeter of the board 216 (the internal components) is within the inner perimeter of the top wall perimeter vent 208 and bottom wall perimeter vent 214 (e.g., such that the perimeter of the board 216 does not extend past the outer perimeter of the top wall center portion 208a and bottom wall center portion 214a)” [0022]. Further Ruberto et al discloses that the internal components are within the inner perimeter of both top (first surface) ventilation openings and bottom (third surface) ventilation openings. As the components are within the inner perimeter of the ventilation holes, it has been understood that the components are not visible.
Claim 32 is rejected under 35 U.S.C. §103 as being unpatentable over Ruberto et al (US 2016/0212884), in view of Ricci (US 3,341,064), and further in view of Chung (GB 2353901).
In re Claim 32, the proposed housing has been discussed, but Ruberto et al lacks wherein the second portion of the first surface is raised with respect to the first portion of the first surface. However, the technique of housings with a first surface comprised of a raised portion is known in the art, as evidenced by Chung.
Chung teaches a housing (figs 1 – 5: (10)) comprising:
a first surface (fig 1: annotated below) comprising one or more first ventilation openings ((153), specification page 4, line 1) located in a groove (151/152) of the first surface;
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the first surface comprising a first portion and a second portion (annotated above) divided by the groove, wherein the second portion of the first surface is raised (“a higher elevation”) with respect to the first portion (“a lower elevation”) of the first surface (pg 9/16, lns 17 – 20);
wherein the one or more first ventilation openings (153) arranged to enable stacking of the housing (10) and one or more other housings (fig 5: (20)).
It would have been an obvious matter of design choice, to a person having ordinary skill in the art before the effective filing date of the claimed invention, to modify the proposed housing as taught by Chung, such that the second portion of the first surface is raised with respect to the first portion of the first surface, since Applicant had not disclosed that the limitation solves any stated problem in a new or unexpected way, or is for any particular purpose that is unobvious to one of ordinary skill, and it appears that the claimed feature does not distinguish the invention over similar features in the prior art, since the proposed housing will perform the invention as claimed by the applicant.
Claims 33 – 37 are rejected under 35 U.S.C. §103 as being unpatentable over Ruberto et al (US 2016/0212884), in view of Ricci (US 3,341,064), and further in view of Bleau et al (US 2005/0099769).
In re Claims 33, and 35 – 37, the proposed housing has been discussed above (In re Claim 27, above), wherein Ruberto et al discloses the housing comprising a first surface (202a) that comprises a plurality of first ventilation openings (208), a second surface (202c-f), and a third surface (202b) that comprises one or more second ventilation openings (214).
As the housing of Ruberto et al is substantially cuboid, the housing of Ruberto et al lacks:
wherein a fourth surface that extends outward from the second surface, wherein the fourth surface is substantially parallel to the first surface and the third surface23;
wherein the fourth surface of the housing has a width that is greater than a width of the first surface24;
wherein the second surface comprises a plurality of second ventilation openings and is coextensive with an outer periphery of the third surface25;
a fifth surface that connects the first surface and the fourth surface, wherein the fifth surface is angled with respect to the first surface and the fourth surface26; and
wherein the second surface forms a recessed portion of the fifth surface and is angled with respect to the third surface and the fourth surface.27
Bleau et al discloses a ventilated housing (fig 8) comprising a first surface (304), a second surface (301), a third surface (fig 7: 303/342), a fourth surface (fig 7: (317)), and a fifth surface (302), the second surface (301) comprises a plurality of “recessed” ventilation openings (308),
wherein the third surface (303/342) is opposite the first surface (304) and the fourth surface (317) that extends outward from the second surface (301), wherein the fourth surface (317) is substantially parallel to the first surface (304) and the third surface (303/342)28;
wherein the fourth surface of the housing has a width that is substantially the same as a width of the first surface29;
wherein the second surface (301) comprises a plurality of “recessed” second ventilation openings (308), and is coextensive with an outer periphery of the third surface (303/342)30;
a fifth surface (310) that connects the first surface (304) and the fourth surface (317), wherein the fifth surface is angled (orthogonally) with respect to the first surface and the fourth surface31; and
wherein the second surface (301) forms a recessed portion (Abstract) of the fifth surface (310) and is angled (orthogonally) with respect to the third surface (303/342) and the fourth surface (317).32
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such that “each recess 308 in each stackable enclosure unit 305 provides a vent for facilitating airflow, and when combined with a fan, the stacked elements (305) form a vertical flue-like openings (337) in the stackable enclosure units (305), and airflow is significantly increased. If the stackable enclosure units (305) are manufactured by a molding process, these recesses (308) can be easily integrated” [0044]
It would have been an obvious matter of design choice to a person having ordinary skill in the art before the effective filing date to modify the proposed housing as taught by Bleu et al, such that the housing comprises at least five surfaces:
wherein the third surface is opposite the first surface, and a fourth surface extends outwardly from the second surface, wherein the fourth surface is substantially parallel to the first surface and the third surface33,
wherein the second surface comprises a plurality of second ventilation openings and is coextensive with an outer periphery of the third surface34;
a fifth surface that connects the first surface and the fourth surface, wherein the fifth surface is angled with respect to the first surface and the fourth surface35, and
wherein the second surface forms a recessed portion of the fifth surface and is angled with respect to the third surface and the fourth surface,36
since Applicant had not disclosed that the limitation solves any stated problem in a new or unexpected way, or is for any particular purpose that is unobvious to one of ordinary skill, and it appears that the claimed feature does not distinguish the invention over similar features in the prior art, since the proposed housing (comprising at least five surfaces, wherein a fourth surface extends outward from a second surface) will perform the invention as claimed by the applicant.
The examiner respectfully notes that criticality37 has not been provided for the claimed limitations:
wherein a fourth surface extends outwardly from the second surface, and is substantially parallel to the first surface and the third surface;
wherein a fifth surface that connects the first surface and the fourth surface, and is angled with respect to the first surface and the fourth surface
Regarding the limitation “wherein the fourth surface of the housing has a width that is greater than a width of the first surface”38, the proposed housing comprises wherein the fourth surface (317) of the housing has a width that is substantially the same as a width of the first surface (304)39, and so accordingly lacks wherein the housing has a width that is greater than a width of the first surface.
However, it would have been an obvious matter of design choice to a person having ordinary skill in the art before the effective filing date to modify the proposed housing such that the housing fourth surface has a width that is greater than a width of the first surface, since Applicant had not disclosed that the limitation solves any stated problem in a new or unexpected way, or is for any particular purpose that is unobvious to one of ordinary skill, and it appears that the claimed feature does not distinguish the invention over similar features in the prior art, since the proposed housing will perform the invention as claimed by the applicant.
The examiner notes that in an alternate embodiment of the invention (figure 6), the fourth surface width is substantially the same as the width of the first surface.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the PTO-892: Notice of References Cited.
An example of such pertinent prior art includes Jeon (WO 2015 163572) who discloses a ventilated housing (190) for electronic devices, comprising:
a first surface (192) comprising a plurality of first ventilation openings (121) located in a recessed groove (“rib” (120)) of the first surface (196)) (rib (120) is groove below (192));
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Please note that Jeon discloses that the “first rib 110” may be “concave” with respect to surface (192).
a second surface (annotated above) comprising a plurality of second ventilation openings ((140), between ribs (110)), wherein the second surface is substantially perpendicular to the first surface (192);
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a third surface (fig 3: bottom (191)) that is opposite the first surface (192),
wherein the plurality of first ventilation openings (121) and the plurality of second ventilation openings (121) are arranged to enable stacking (fig 4) of the housing (190) and one or more other housings (190), and
wherein the plurality of one or more first ventilation openings are located in a portion of the recessed groove that is below the first and second portions of the first surface when the housing and one or more other housings are stacked.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 27 and Claim 43 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5, and over claims 15 and 16 (respectively) of U.S. Patent No. 11,729,938 (hereinafter the ‘938)., in view of Ruberto et al (US 2016/0212884).
Cl
Application 18/344215
Patent US 11,729,938
27
A housing comprising:
a first surface comprising
a first portion, a second portion
located within an inner periphery of the first portion, and
a recessed groove connecting the first portion to the second portion that comprises a plurality of first ventilation openings wherein the first and second portions are separated by a recessed groove in which one or more first ventilation openings are located; and
a second surface comprising one or more second (other) ventilation openings,
wherein the plurality of one or more first ventilation openings and the one or more second ventilation openings are arranged to enable stacking of the housing and one or more other housings, and
wherein the plurality of one or more first ventilation openings are located in a portion of the recessed groove that is below the first and second portions of the first surface when the housing and
one or more other housings are stacked.
1
A housing comprising:
a first surface comprising one or more ventilation openings
located in a recessed groove of the first surface;
a second surface comprising one or more other ventilation openings, wherein the second surface is substantially perpendicular to the first surface; and
a third surface that is proximate to the second surface and is substantially parallel to the first surface,
wherein the one or more ventilation openings and the one or more other ventilation openings are arranged to enable stacking of the housing and one or more other housings without impeding air flow through the one or more ventilation openings and the one or more other ventilation openings.
5
wherein the first surface comprises a first portion and a second portion that are separated by the recessed groove.
43
A system comprising:
a first housing comprising:
a first (top) surface comprising a first portion, a second portion located within an inner periphery of the first portion, and a recessed groove connecting the first portion to the second portion that comprises a plurality of first ventilation openings; and
a second (side) surface comprising one or more second ventilation openings; and
a second housing comprising:
a first (top) surface comprising a first portion, a second portion located within an inner periphery of the first portion, and a recessed groove connecting the first portion to the second portion that comprises a plurality of first ventilation openings; and
a second (side) surface comprising one or more second ventilation openings,
wherein one of the first housing or the second housing is stacked on the other one of the first housing or the second housing, and
wherein, in each of the first and second housings, the plurality of first ventilation openings are located in a portion of the recessed groove that is below** the first and second portions of the first surface. (***inherent if ventilation openings are in a groove)
15
A system comprising:
a first housing comprising:
a top surface comprising
one or more ventilation openings located in a recessed groove of the top surface; and
a side surface comprising one or more other ventilation openings,
wherein the side surface is substantially perpendicular to the top surface; and
a second housing comprising:
a top surface comprising
one or more ventilation openings located in a recessed groove of the top surface; and
a side surface comprising one or more other ventilation openings,
wherein the side surface is substantially perpendicular to the top surface,
wherein one of the first housing or the second housing is stacked on the other one of the first housing or the second housing, and
wherein the stacking of the one of the first housing or the second housing on the other one of the first housing or the second housing does not impede air flow through the first housing or the second housing.
16
wherein: the top surface of the first housing comprises a first portion and a second portion that are separated by the recessed groove; and the top surface of the second housing comprises a first portion and a second portion that are separated by the recessed groove.
***Regarding the limitation “wherein the plurality of one or more first ventilation openings are located in a portion of the recessed groove that is below the first and second portions of the first surface”, by definition, if ventilation openings are located in a groove40 formed between two surfaces, the ventilation openings are below the level of the two surfaces.
**The ‘398 patent is silent as to whether:
the second portion is located within an inner periphery of the first portion, and
the recessed groove connects the first portion to the second portion; and
Ruberto et al (US 2016/0212884) discloses a housing (in the same field of endeavor as the claimed invention), comprising:
a first surface (top - 202a) comprising a first portion (208b), a second portion (208a) located within an inner periphery of the first portion (periphery defined by (208)), and a ventilating portion (208) connecting the first portion to the second portion that comprises a plurality of first ventilation openings [0020];
a second surface (bottom - 202b) comprising one or more second ventilation openings (214);
wherein the one or more ventilation openings and the one or more second ventilation openings are arranged to enable stacking of the housing and one or more other housings (figs 5a – 6);
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without impeding air flow through the housing (Paragraph [0029] has been understood to disclose that stacking the housings does not impede air flow)
[0029]: wherein “the dimensions of the chassis 202… the venting patterns (i.e., of the top wall perimeter vent 208 and the bottom wall perimeter vent 214), and/or other features … may be adjusted to provide … a desired fresh air inflow to the chassis housings 204 (e.g., via the air gaps 504, 506, and 508), and other heat dissipation requirements for components within the chassis.
It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the ‘215 patent as taught by Ruberto et al, such that the system comprises wherein the second portion located within an inner periphery of the first portion, and the recessed groove connects the first portion to the second portion, for the benefit of first and second portions that are configured to coordinate with second surface feet locations, improving stacked housing systems.
Claims 38 and 43 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, and 5 of U.S. Patent No. 11,729,938. Although the claims at issue are not identical, they are not patentably distinct from each other because, where the claim limitation language differs, the instant application claims terms that are functionally equivalent and/or are synonymous with terms claimed in the ‘938 patent.
Cl
Application 18/344215
Cl
Patent US 11,729,938
38
A housing comprising:
a first surface comprising
a first portion, a second portion, and a recessed groove between the first and second portions that comprises
one or more first ventilation openings;
a second surface comprising one or more second ventilation openings, that is substantially perpendicular to the first portion of the first surface; and
a third surface that is opposite the first surface,
wherein the one or more first ventilation openings and the one or more second ventilation openings are arranged to enable stacking of the housing and one or more other housings, and
wherein the one or more ventilation openings are located in a portion of the recessed groove that is below*** the first and second portions of the first surface when the housing and one or more other housings are stacked (***inherent if ventilation openings are in a groove).
1, 5
A housing comprising:
a first surface comprising
“a first portion and a second portion that are separated by a recessed groove” (dependent claim 5)
one or more ventilation openings located in a recessed groove of the first surface;
a second surface comprising one or more other ventilation openings, wherein the second surface is substantially perpendicular to the first surface; and
a third surface that is proximate to the second surface and is substantially parallel (*bottom) to the first surface (*see claim 2, below),
wherein the one or more ventilation openings and the one or more other ventilation openings are arranged to enable stacking of the housing and one or more other housings without impeding air flow through the one or more ventilation openings and the one or more other ventilation openings.
the first surface is a top surface of the housing; the second surface is a side surface of the housing; and the third surface is a bottom surface of the housing
wherein the first surface comprises a first portion and a second portion that are separated by the recessed groove; and
2
wherein the first surface is a top surface of the housing; the second surface is a side surface of the housing; and the third surface is a bottom surface of the housing
Regarding the limitation “wherein the one or more ventilation openings are located in a portion of the recessed groove that is below the first and second portions of the first surface”, it is inherent that if:
if the first surface comprises a first portion and a second portion that are separated by a recessed groove (claim 5), and
if one or more ventilation openings are located in the recessed groove of the first surface (claim 1);
by definition (of a groove), the one or more ventilation openings that are located in a portion of the recessed groove will be below the first and second portions of the first surface.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Frances F. Hamilton (she/her) whose telephone number is 571.270.5726. The examiner can normally be reached on Tu - Th; 9 – 6.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Hoang can be reached on 571.272.6460. The fax phone number for the organization where this application or proceeding is assigned is 571.273.8300.
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For additional questions, contact the Electronic Business Center (EBC) at 866.217.9197 (toll-free). If you are a Pro Se inventor and would like assistance, please all the Pro Se assistance center at 866.767.3848. If you would like assistance from a USPTO Customer Service Representative, please call 800.786.9199 (in USA or Canada) or 571.272.1000.
/Frances F Hamilton/
Examiner, Art Unit 3762
/MICHAEL G HOANG/Supervisory Patent Examiner, Art Unit 3762
1 Connecting (v)1.: To join or fasten together usually by something intervening. © 2026 Merriam-Webster, Incorporated.
2 claim 28
3 claim 29
4 claim 30
5 Groove (n, 1): a long narrow channel or depression. ©2026 Merriam-Webster, Incorporated.
6 claim 28
7 claim 29
8 claim 30
9 claim 39
10 claim 39
11 claim 38
12 claim 39
13 claim 42
14 Groove (n, 1): a long narrow channel or depression. ©2026 Merriam-Webster, Incorporated.
15 claim 38
16 claim 38
17 clam 41
18 claim 42
19 claim 40
20 claim 41
21 claim 41
22 claim 38
23 claim 33
24 claim 34
25 claim 35
26 claim 36
27 claim 37
28 claim 33
29 claim 34
30 claim 35
31 claim 36
32 claim 37
33 claim 33
34 claim 35
35 claim 36
36 claim 37
37 Specification paragraphs [0019], [0022], [0024], [0033]
38 claim 34
39 claim 34
40 Grover (n.1): A long narrow channel or depression. © 2026 Merriam-Webster, Incorporated
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