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 .
DETAILED ACTION
For reissue applications filed before September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the law and rules in effect on September 15, 2012. Where specifically designated, these are “pre-AIA ” provisions.
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
This is a Non-Final Action.
The current application filed October 6, 2023 is a reissue application of 17/407,882 (U.S. Patent No. 11,683,904 issued June 20, 2023, hereinafter “the ‘904 patent”).
Claims 1-18 were initially pending in the application. No claim amendments have been presented.
Reissue
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceed-ing in which Patent No. 11,683,904 is or was involved. These proceedings would include interferences, reissues, reexaminations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is mate-rial to patentability of the claims under consideration in this reissue appli-cation.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
No Intent to Broaden
Examiner notes that there are no unequivocal indications of any intent to broaden contained within this reissue application. The two-year window in which to present a broadened claim closed on June 20, 2023. Thus, broadening will not be permitted in this reissue application.
Reissue Declaration
The reissue oath/declaration filed October 6, 2023 is proper and has been entered.
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on October 6, 2023 have been considered by the examiner.
Specification
The specification amendment is objected to because it is not proper. The amendment filed January 19, 2024 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. Note that new matter may exist by virtue of the omission of a feature or of a step in a method. See United States Industrial Chemicals, Inc. v. Carbide & Carbon Chemicals Corp., 315 U.S. 668, 53 USPQ 6 (1942). The added material which is not supported by the original disclosure is as follows, but not limited to:
New terminology found throughout the amendments which was not present in the specification or priority documents such as “upper sled”, “lower sled”, “oblique” (which is replacing multiple terms including “opposite”, “additional”, “horizontal”, etc.), “locking slots”, etc.
The amended discussion regarding the summary of invention (pages 2-6 of the amended specification)
The amended discussions regarding all of the new drawings (pages 11-17 of the amended specification)
None of the specification amendments have been entered. Applicant is required to remove the new matter from any future amendments in the reply to this Office Action. If applicant can show explicit support for all of the amended language in the specification this objection will be removed.
Drawings
The drawings are objected to because it they are not proper. 37 C.F.R. 1.173(b)(3) states the following regarding amendments to the drawings:
Drawings. One or more patent drawings shall be amended in the following manner: Any changes to a patent drawing must be submitted as a replacement sheet of drawings which shall be an attachment to the amendment document. Any replacement sheet of drawings must be in compliance with § 1.84 and shall include all of the figures appearing on the original version of the sheet, even if only one figure is amended. Amended figures must be identified as "Amended," and any added figure must be identified as "New." In the event that a figure is canceled, the figure must be surrounded by brackets and identified as "Canceled." All changes to the drawing(s) shall be explained, in detail, beginning on a separate sheet accompanying the papers including the amendment to the drawings. (emphasis added)
As can be seen in the citation above, applicant must provide an explanation of all changes to the drawings, “in detail”. The applicant has not provided an actual explanation of the changes made. Applicant has stated the new figures correspond to the respective figures in applicant’s priority document, however applicant has not provided a detailed explanation of their correspondence. It is not evident that all of the elements of the new figures are present in the priority document. The new drawings have a higher level of detail than the drawings contained in the priority document, thus it is not evident that the priority document provides adequate support for the new drawings. Applicant must provide a detailed explanation of said correspondence. Any failure to provide an accurate explicit correspondence or other support in the specification for any changes to the drawings must be treated as introducing new matter, which is not permitted in reissue applications.
Claim Rejections - 35 USC § 251
Claims 1-18 are rejected under 35 U.S.C. 251 as being based upon new matter added to the patent for which reissue is sought. The added material which is not supported by the prior patent is as follows:
In the amended/new drawings, it is not evident that all of the elements of the new figures are present in the priority document. The new drawings have a higher level of detail than the drawings contained in the priority document, thus it is not evident that the priority document provides adequate support for the new drawings. Applicant must provide a detailed explanation of said correspondence. Any failure to provide an accurate explicit correspondence or other support in the specification for any changes to the drawings must be treated as introducing new matter, which is not permitted in reissue applications.
The amended specification, introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. Note that new matter may exist by virtue of the omission of a feature or of a step in a method. See United States Industrial Chemicals, Inc. v. Carbide & Carbon Chemicals Corp., 315 U.S. 668, 53 USPQ 6 (1942). The added material which is not supported by the original disclosure is as follows, but not limited to:
New terminology found throughout the amendments which was not present in the specification or priority documents such as “upper sled”, “lower sled”, “oblique” (which is replacing multiple terms including “opposite”, “additional”, “horizontal”, etc.), “locking slots”, etc.
The amended discussion regarding the summary of invention (pages 2-6 of the amended specification)
The amended discussions regarding all of the new drawings (pages 11-17 of the amended specification)
None of the specification amendments have been entered. Applicant is required to remove the new matter from any future amendments in the reply to this Office Action. The claims are rejected as being based on said new matter that was added in both the drawings and specification amendments.
Allowable Subject Matter
Claims 1-18 are allowable over the prior art. The claims will be allowed once the objections and corresponding rejection under 35 U.S.C. 251 as being based upon new matter has been resolved.
The following is a statement of reasons for the indication of allowable subject matter:
The examiner agrees with the position taken in application 17/407,882. The specific limitations of "wherein, when the first plurality of guide pins and the first additional guide pin are engaged with the first plurality of slots and the first additional slot, respectively, the horizontal distance between the first plurality of guide pins and the first additional guide pin decreases as the first plurality of guide pins rotate beyond horizontally parallel relative to the first additional guide pin and toward the secured position” and “wherein, when the second plurality of guide pins and the second additional guide pin are engaged with the second plurality of slots and the second additional slot, respectively, the horizontal distance between the second plurality of guide pins and the second additional guide pin decreases as the second plurality of guide pins rotate beyond horizontally parallel relative to the second additional guide pin and toward the secured position” in combination with all remaining limitations of claim 1 and/or claim 11 are not anticipated or made obvious by the prior art of record.
For example, Wu ‘492 (US Publication No. 2015/0103492) discloses a motherboard sled comprising: a housing (12) having a first sidewall (left sidewall of 12), second sidewall (right sidewall of 12), and input-output sled (sub-carrier frame 11) comprising a handle (lever 31) that rotates to a secured position (see Figure 5) and an unsecured position (see Figure 3)
the first sidewall (left sidewall of 12) comprising a first plurality of guide slots (Figure 2-5, L-shaped slots) and a first additional slot (Figures 2-5, middle, straight slot), wherein, as the handle (31) is rotated to the secured position (from Figure 3 to Figure 5), the first plurality of slots (L-shaped slots) configured to direct motion of a first plurality of guide pins (linkage studs on rod 41 and rod 42) on two separate side bars (41 and 42) of the handle (31) and the first additional slot (middle, straight slot) configured to direct motion of a first additional guide pin (stud 62) on a left sidewall of the input-output sled (11), wherein, when the first plurality of guide pins (linkage studs on 41 and 42) and the first additional guide pin (62) are engaged with the first plurality of slots (L-shaped slot) and the first additional slot (middle, straight slot), respectively, the horizontal distance between one guide pin of the first plurality of guide pins (linkage stud on 41) and the first additional guide pin (62) decreases as the first plurality of guide pins (studs on 41 and 42) rotate horizontally parallel relative to the first additional guide pin (62) and toward the secured position (see Figure 5);
the second sidewall (right sidewall of 12) comprising a second plurality of guide slots (Figure 2-5, L-shaped slots) and a second additional slot (Figures 2-5, middle, straight slot), wherein, as the handle (31) is rotated to the secured position (from Figure 3 to Figure 5), the second plurality of slots (L-shaped slots) configured to direct motion of a second plurality of guide pins (linkage studs on rod 41 and rod 42) on two separate side bars (41 and 42) of the handle (31) and the second additional slot (middle, straight slot) configured to direct motion of a second additional guide pin (stud 62) on a right sidewall of the input-output sled (11), wherein, when the second plurality of guide pins (linkage studs on 41 and 42) and the second additional guide pin (62) are engaged with the second plurality of slots (L-shaped slot) and the second additional slot (middle, straight slot), respectively, the horizontal distance between one guide pin of the second plurality of guide pins (linkage stud on 41) and the second additional guide pin (62) decreases as the second plurality of guide pins (studs on 41 and 42) rotate horizontally parallel relative to the second additional guide pin (62) and toward the secured position (see Figure 5).
Wu ‘492 does not disclose wherein the plurality of guide pins and the additional guide pin are located on a sidebar of the handle. Instead, Wu ’492 discloses wherein the plurality of guide pins (linkage studs on 41 and 42) are located on a two sperate bars (41 and 42) of the handle (31) and the additional guide pin (62) is located on a sidewall of the input-output sled (11). Even if the plurality of guide pins were interpreted as being rotating shaft 43 and linkage stud 52 on the rod 41, the additional guide pin could only be interpreted as linkage stud 52 on rod 42 or guide stud 62, both being on separate side bars/surfaces from the side bar (41) supporting the first plurality of guide pins (43 and 52).
Despite the plurality of guide pins and additional guide pin being on separate bars/surfaces, Wu’492 also does not disclose wherein the horizontal distance between the plurality of guide pins and the additional guide pin decreases as the plurality of guide pins rotate beyond horizontally parallel relative to the additional guide pin. As best shown in Figure 2, the plurality of guide pins (linkage studs 52 on rods 41 and 42) begin beyond horizontally parallel relative to the addition guide pin (62), and after rotating to a secure position (see Figure 5), end up horizontally parallel with the additional guide pin (62). However, in the present invention (see Figures 3A-3B), plurality of guide pins 350 end up beyond horizontally parallel with the additional guide pin 360 in a secure position, wherein this over-rotation results in a decrease in the horizontal distance between the plurality of guide pins 350 and the additional guide pin 360.
In another example, Wu ‘858 (US Publication No. 2015/0070858) teaches a motherboard sled (see Figures 1-5) supporting an input-output sled (11), wherein a plurality of pins (linkage studs 52 on gears 411-413) connected to a handle (31) of the input-output sled (11) engage with a plurality of slots (52) in the housing (12) of the motherboard sled (12) between an unsecured portion (see Figure 3) and a secured position (see Figure 5) as the handle (31) rotates.
However, similar to the reasons stated above, Wu ‘858 does not disclose wherein the plurality of guide pins and the addition guide pin are on the same side bar of the handle. Instead, Wu ‘858 discloses wherein the plurality of guide pins and the addition guide pin are on sperate gears (411-413) and connected to the handle (31).
Likewise, Wu ‘858 also does not disclose wherein the horizontal distance between the plurality of guide pins and the additional guide pin decreases as the plurality of guide pins rotate beyond horizontally parallel relative to the additional guide pin. Regardless of how the linkage studs 52 on gears 411-413 are mapped to the plurality of guide pins and the additional guide pin, one guide pin of the plurality of guide pins will always move away from the additional guide pin as the plurality of pins and the additional pin are engaged with the slots and moving toward a secured position. Additionally, the plurality of guide pins and additional guide pin are always co-planar; thus, the plurality of guide pins do not rotate beyond horizontally parallel relative to the additional guide pin as show in Figures 3A-3B of the present invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA D CAMPBELL whose telephone number is (571)272-4133. The examiner can normally be reached 7:30-4:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Kosowski can be reached on (571) 272-3744. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA D CAMPBELL/Primary Examiner, Art Unit 3992
Conferees:
/ADAM L BASEHOAR/Primary Examiner, Art Unit 3992
/ALEXANDER J KOSOWSKI/Supervisory Patent Examiner, Art Unit 3992