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 .
Amendment filed 2/25/2026 has been entered. Claims 1, 3-12, 14-23, and 25-30 remain pending in the present application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-8 and 27-28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Re. Cls. 7 and 27, the limitation “a second cable passthrough” renders the claim indefinite in the Examiner’s position. Claims 7 and 27 depend from independent claims 1 and 23 respectively, which have been amended to recite “a second cable passthrough” which appear different from what is being claimed in claims 7 and 27. However, the claims use the same terminology to refer to supposed different passthroughs which renders the claim indefinite. It is suggested that the Applicant amend claims 7-8 and 27-28 to definitively differentiate between these structures. Appropriate clarification is requested.
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, 6, 8, 11-12, 16-20, 22-23, 25-26 and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crippen US 2014/0027392 (hereinafter Crippen).
Re. Cl. 1, Crippen discloses: A side rack (10), comprising: a chassis (see Fig. 2) comprising a top (31, Fig. 2), a bottom opposite the top (see Fig. 2-3, created by the feet or roller shown in Fig. 1-3) , a front (33, Fig. 2), a back opposite the front (34, Fig. 2), a first side (36, Fig. 2) extending between the top and the bottom and being configured to be adjacent an equipment rack (see Fig. 2, configured to be adjacent an equipment rack by placing it next to another rack), and a second side (35, Fig. 2) opposite the first side and having one or more panels to enclose the second side (see Fig. 1, 16); a first horizontal support coupled to the chassis (lower left 40, Fig. 2), the first horizontal support being configured to be coupled to a first piece of equipment (see Fig. 4, as receiving a PDU in the manner shown); a second horizontal support coupled to the chassis (middle left 40, Fig. 2), the second horizontal support being configured to be coupled to the first piece of equipment (see Fig. 4, the PDU between the lower left and middle left 40); a third horizontal support coupled to the chassis (upper left 40, Fig. 2), the third horizontal support being configured to be coupled to a second piece of equipment (see Fig. 4, PDU in the middle shown in Fig. 4); a first cable passthrough (19, Fig. 2) in the first side of the chassis and positioned between the second horizontal support and the third horizontal support (see Fig. 2, there is a passthrough 19 located between the middle and upper 40 on the left), the first cable passthrough being configured to receive at least one cable from the equipment rack through the first cable passthrough (see Fig. 2; Paragraph 0020, Lines 6-9); a horizontal bottom tray (32, Fig. 2) spaced vertically from the bottom of the chassis (see Fig. 3, the tray 32 is located above the bottom surface of the feet/rollers shown) and extending partially between the front and the back of the chassis (see Fig. 2, due to 22, 24, the tray 32 extends partially between front and back 33, 34 of the chassis 10); and a second cable passthrough (see Fig. 2-3, on side 36, space between the feet/roller and under tray 32) in the first side of the chassis and positioned between the horizontal bottom tray and the bottom of the chassis (see Fig. 2-3), wherein the second cable passthrough and the horizontal bottom tray are configured to allow for at least one cable from the equipment rack to extend horizontally through the second cable passthrough and vertically between a backside of the horizontal bottom tray and the back of the chassis to connect to at least one of the first piece of equipment and the second piece of equipment (see Fig. 2; Paragraph 0020; as shown in Fig. 2, the between the feet/rollers and 32 enables cables to pass thereunder and up through 22 into the interior of the chassis shown, while traveling vertically between the equipment mounted in 50).
Re. Cl. 4, Crippen discloses: a fourth horizontal support (right lower 40, Fig. 2) coupled to the chassis, the fourth horizontal support being configured to be coupled to the second piece of equipment (see Fig. 2-4, coupled to the equipment indirectly via the assembly supporting various PDUs).
Re. Cl. 6, Crippen discloses: a fifth horizontal support (middle right 40, Fig. 2) coupled to the chassis, the fifth horizontal support being configured to be coupled to a third piece of equipment (see Fig. 2-4, coupled to a third PDU located within 50).
Re. Cl. 8, Crippen discloses: a display module provided at the second passthrough (see Fig. 2, panel which includes 37s, Fig. 2, shown located at 19s as surrounding 19s; the module displays cables or other PDUs (100, Fig. 8) attached thereto).
Re. Cl. 9, Crippen discloses: a sixth horizontal support coupled to the chassis (upper right 40, Fig. 2), the sixth horizontal support being configured to be coupled to the third piece of equipment (see Fig. 2-4, coupled to the equipment indirectly via the assembly supporting various PDUs).
Re. Cl. 11, Crippen discloses: the chassis includes at least one of a front door or a back door (see 17 and 18, Fig. 1).
Re. Cl. 12, Crippen discloses: the chassis includes a cover to enclose the top of the chassis (see Fig. 1).
Re. Cl. 16, Crippen discloses: the chassis includes vertical rail members (20, Fig. 2) and horizontal rail members (35, Fig. 2).
Re. Cl. 17, Crippen discloses: the chassis further includes a first support post and a second support post located toward a back of the chassis, (see 60s, Fig. 2) the first horizontal support, the second horizontal support and the third horizontal support each extending from a front of the chassis to the first support post and the second support post (see Fig. 2).
Re. Cl. 18, Crippen discloses: a space between ends of the first support post and the second support post and the back of the chassis is configured to support electronic equipment and cables (see Fig. 2, open space between 60s and back 34 is open, thus able to support the items claimed).
Re. Cl. 19, Crippen discloses: the first horizontal support and the second horizontal support are configured to vertically mount the first piece of equipment (see Fig. 4, vertically mounted PDU).
Re. Cl. 20, Crippen discloses: the third horizontal support is configured to vertically mount the second piece of equipment (see Fig. 4, vertically mounted PDU).
Re. Cl. 22, Crippen discloses: the side rack has a width less than about one-half a width of the equipment rack (see Fig. 2, the rack 10 is capable of being used with a different rack which is about double its size).
Re. Cl. 23, Crippen discloses: A method of assembling a side rack (see Fig. 1-2), the method comprising: providing a chassis (see Fig. 2) comprising a top (31, Fig. 2), a bottom opposite the top (see Fig. 23, created by the bottom surface of the feet/rollers which contact a ground surface), a front (33, Fig. 2), a back opposite the front (34, Fig. 2), a first side (36, Fig. 2) extending between the top and the bottom and being configured to be adjacent an equipment rack (see Fig. 2, configured to be adjacent an equipment rack by placing it next to an equipment rack), and a second side opposite the first side (35, Fig. 2) and having one or more panels to enclose the second side (see 16, Fig. 1); securing a first horizontal support to the chassis (lower left 40, Fig. 2), the first horizontal support being configured to be coupled to a first piece of equipment (see Fig. 2-4, PDU in lower left 50); securing a second horizontal support to the chassis (middle left 40, Fig. 2), the second horizontal support being configured to be coupled to the first piece of equipment (see Fig. 2-4, PDU in lower left 50); securing a third horizontal support to the chassis (upper left 40, Fig. 2), the third horizontal support being configured to be coupled to a second piece of equipment (PDU in middle 50, Fig. 2-4); securing a horizontal bottom tray (32, Fig. 2) to the chassis with the horizontal bottom tray being spaced vertically from the bottom of the chassis (see Fig. 3, 32 is spaced vertically above the bottom surface of the feet/roller shown) and extending partially between the front and the back of the chassis (see Fig. 2, due to 22, 24, the tray 32 extends partially between front and back of the chassis); providing a first cable passthrough in the first side of the chassis (see 19 on side 36, Fig. 2) and positioned between the second horizontal support and the third horizontal support (see Fig. 2, there is a pass-through 19 between middle left and upper left 40), the first cable passthrough being configured to receive at least one cable from the equipment rack through the first cable passthrough (see Fig. 2; Paragraph 0020), and providing a second cable passthrough in the first side of the chassis (see Fig. 2-3, on side 36, space between the feet/roller and under tray 32) and positioned between the horizontal bottom tray and the bottom of the chassis (see Fig. 2-3), wherein the second cable passthrough and the horizontal bottom tray are configured to allow for at least one cable from the equipment rack to extend horizontally through the second cable passthrough and vertically between a backside of the horizontal bottom tray and the back of the chassis to connect to at least one of the first piece of equipment and the second piece of equipment (see Fig. 2; Paragraph 0020; as shown in Fig. 2, the between the feet/rollers and 32 enables cables to pass thereunder and up through 22 into the interior of the chassis shown, while traveling vertically between the equipment mounted in 50).
Re. Cl. 25, Crippen discloses: securing a fourth horizontal support to the chassis (see Fig. 2, lower right 40), the fourth horizontal support being configured to be coupled to the second piece of equipment (see Fig. 2-4, coupled to the equipment indirectly via the assembly supporting various PDUs).
Re. Cl. 26, Crippen discloses: securing a fifth horizontal support to the chassis (see right middle 40, Fig. 2), the fifth horizontal support being configured to be coupled to a third piece of equipment (see Fig. 4, PDU in middle 50).
Re. Cl. 28, Crippen discloses: a display module provided at the second passthrough (see Fig. 2, panel which includes 37s, Fig. 2, shown located at 19s as surrounding 19s; the module displays cables or other PDUs (100, Fig. 8) attached thereto).
Re. Cl. 29, Crippen discloses: the horizontal bottom tray is configured to be coupled to the third piece of equipment (see Fig. 2, 32 is indirectly coupled to the PDUs by assembly of the chassis).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 3, 5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Crippen in view of Blood US 2002/0101721 (hereinafter Blood).
Re. Cls. 3, 5 and 10, Crippen does not disclose that a space between the horizontal supports is 4U. Blood discloses a rack (Fig. 1) which employs rails (10) that support equipment within the rack (see Fig. 1). Blood further discloses that the rails are made in a 2U design but can be made in various different heights such as 3U or 4U (see Paragraph 0030).
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 Crippen device so that it can accommodate 4U modules as disclosed by Blood with reasonable expectation of success since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of Spencer would not operate differently with the claimed spacing since it would only alter the spacing between the rails (108) and thus enable it to support equipment having different size. Further, applicant places no criticality on the range claimed, indicating simply that the diameter “may” be within the claimed ranges (specification Page 3, Lines 6 and 9 for example).
Claims 7-8 and 27-28 are rejected under 35 U.S.C. 103 as being unpatentable over Crippen.
Re. Cls. 7 and 27, Crippen discloses a second cable passthrough (see 19s, Fig. 2 located on both side 35 and 36) but does not illustrate one of the passthroughs (19) specifically between the fourth and fifth horizontal support (see Fig. 2, there is no 19 specifically located between the bottom and middle right 40). However, Crippen does state that the windows (19) are provided at different levels along the sides for routing cables to and from the electronic devices (see Paragraph 0020) and does illustrate a window (19) between the lower and middle left (40) on the right side of the chassis. Therefore, Crippen contemplates a variable placement of the windows (19) to achieve the desired result of routing cables. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a window between the fourth and fifth horizontal support in Crippen, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Please note that in the instant application, Applicant has not disclosed any criticality for the claimed limitations.
Re. Cls. 8 and 28, Crippen discloses: a display module provided at the second passthrough (see Fig. 2, panel which includes 37s, Fig. 2, shown located at 19s as surrounding 19s; the module displays cables or other PDUs (100, Fig. 8) attached thereto).
Claims 14-15 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Crippen in view of Anderson US 9125312 (hereinafter Anderson)
Re. Cls. 14-15 and 30, Crippen does not disclose one or more brackets configured to secure the chassis to an equipment rack (Cl. 14), the one or more brackets are used to secure the side rack to a side of the equipment rack (Cl. 15) or securing the chassis to an equipment rack (Cl. 30). Anderson discloses a rack combination (Fig. 11) between an equipment rack (30) and a side rack chassis (40), which includes one or more brackets (170, 180) configured to secure the chassis (40) to an equipment rack (30; see Fig. 11-12); the one or more brackets are used to secure the side rack to a side of the equipment rack (see Fig. 11-12); securing the chassis to an equipment rack (see Fig. 11-12).
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 Crippen device so that it is attached to an equipment rack as disclosed by Anderson with reasonable expectation of success since Anderson states that such a modification provides a non-freestanding accessory which uses less floor space than freestanding accessories (Col. 7, Lines 45-48). Such a modification would increase the floor space in the user’s environment leading to less crowded spaces or more space for other accessories.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Crippen in view of Obernesser US 2015/0090679 (hereinafter Obernesser)
Re. Cl. 21, Crippen does not explicitly disclose the components of the rack from claim 1 in a kit. Obernesser discloses that it is known to employ various components of a rack in kit form (see Paragraph 0013, Lines 1-5).
Therefore, 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 Crippen device to be packaged into a kit as disclosed by Obernesser with reasonable expectation of success to enable the device to be sold in large package stores and then used by the end user. Furthermore, a kit would be more desirable to users who are more inclined to want to assemble their own devices to certain different specifications.
Response to Arguments
Applicant's arguments filed 2/25/2026 have been fully considered but they are not persuasive.
Re. Applicant’s argument that Crippen does not disclose cables extending into the rack from a side of the rack, the Examiner disagrees. As discussed above, Crippen discloses a rack which includes feet or rollers (shown in Fig. 2-3) that would rest on the ground and thus lift the bottom tray (32) from the ground surface as shown in Fig. 3. Crippen further discloses bottom openings (22, 24) in the bottom tray which enable cables to pass through and enter/exit the device as needed. It is the Examiner’s position that Crippen does therefore have a second cable passthrough as claimed (i.e. between the roller/feet on side (36) where cables can pass through and then up into opening (22) to access the interior of the device. Based on that configuration, it is the Examiner’s position that Crippen does meet Applicant’s claim language and Applicant’s arguments are considered but are not persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Broome US 2002/0020683, Cox US 9674981 and Embleton US 2021/0022277 disclose other known racks which are presented to the Applicant for their consideration .
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E GARFT whose telephone number is (571)270-1171. The examiner can normally be reached Monday-Friday 8:00 a.m. to 5:00 p.m..
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, Terrell McKinnon can be reached at (571)272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTOPHER GARFT/Primary Examiner, Art Unit 3632