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 .
Response to Amendment
Applicant’s arguments, see Amendment, filed 5/05/2026, with respect to the claims have been fully considered. However, the amendments to the claims have changed the scope of the claims, resulting in a new ground of rejection.
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.
Claim(s) 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2015/0268435 A1 Blackwell, Jr. et. al. (herein “Blackwell”, cited on the attached PTO-892).
Regarding claim 17, Blackwell discloses in Figs. 5A-11, a method of removing a cassette from a tray having a plurality of parallel guides each extending parallel to a forward-rearward axis of the tray, the cassette being slidable along the tray relative to the guides, each cassette carrying a release handle when the cassette is slid along the tray, the method comprising:
choosing one of a forward direction and a rearward direction along which to remove the cassette from the tray (cassette is releasable and therefore will move either forward or rearward when released and removed);
pulling the release handle to slide the release handle relative to the cassette in the chosen direction to unlatch the cassette from a first of the guides (pushrod 86 slides along the length of the cassette); and
continuing to pull the release handle in the chosen direction to slide the cassette in the chosen direction relative to the first guide (when pushrod 86 slides, latch 84 is released).
Regarding claims 18 and 19, Blackwell discloses the chosen direction can be forward or rearward (Examiner notes “forward” and rearward” are relative terms, and without any structural context, any direction can be forward or rearward).
Regarding claim 20, Blackwell discloses pulling the release handle includes grasping a flexible gripping section of the release handle (para [0059] wherein a thermoplastic material is disclosed, which is a flexible material).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-6 and 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over 2015/0268435 A1 Blackwell, Jr. et. al. (herein “Blackwell”, cited on the attached PTO-892) in view of US 6,647,197 B1 Marrs et al. (herein “Marrs”, cited on the PTO-892 of 2/5/2026).
Regarding claim 1, Blackwell discloses in Figs. 5A-11,
A communications cassette (module 64) comprising:
a body (77) extending along a length between opposite front and rear ends (back shown at 74, front shown at 72), along a width between opposite first and second ends, and along a height between a top and a bottom (height shown, not labeled), the body including a latching arrangement (84) disposed at the first end of the body, the latching arrangement including:
a release handle (84), the release handle (84) being slidable along a forward-rearward axis relative to the body (77) (para [0053]), the release handle being configured to transition the stop member (112) from the lock position to the release position (para [0062]).
Regarding claim 1, Blackwell discloses the stop member moves along a width of the body, but is silent as to the stop member (112) configured to move along the height of the body. However, Marrs discloses an example of a stop member configured to move along the height of a body between a lock position and a release position (wherein Figs. 3, 4, and 5, show, in sequence, 131 in an unlocked position in Fig. 3, then 131 moves up the height of the body in Fig. 4, and then finally down the height of the body in Fig. 5 into a locked position; col. 4, line 66 - col. 5, line 13). It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to have a stop member capable of moving along the height of the body, as needed, depending on space constraints and to ensure a secure latching.
Regarding claim 2, Blackwell discloses in Figs. 5A-11, the release handle (84) defines a first ramped surface (84 shown having a ramped surface, see e.g. Fig. 7), wherein the stop member (112) is operatively coupled to the release handle (84 so that a portion of the stop member cams along the first ramped surface as the release handle is slid relative to the cassette along the forward-rearward axis, wherein camming over the first ramped surface transitions the stop member between the lock and release positions (paras [0062-0063]).
Examiner notes that the limitation in claim 2, “a portion of the stop member cams along the first ramped surface as the release handle is slid relative to the cassette along the forward-rearward axis, wherein camming over the first ramped surface transitions the stop member between the lock and release positions” is an intended use type limitation. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967) and In re Otto, 136 USPQ 458, 459 (CCPA 1963).
Regarding claim 3, Blackwell discloses in Figs. 5A-11, the release handle (84) defines a second ramped surface (ramped surfaces in opposite directions shown in Fig. 7) so that the first and second ramped surfaces extend outwardly in opposite directions from a common location. Examiner notes that “a common location” is overly broad. The entire device or any part of the device thereof can be considered the common location.
Regarding claim 4, Blackwell discloses in Figs. 5A-11, the stop member (112) is disposed in the lock position (shown in Fig. 7) when disposed at the common location between the first and second ramped surfaces.
Regarding claim 5, Blackwell discloses in Figs. 5A-11, the stop member (112) is disposed in the release position (shown in Fig. 8, wherein both a lock and release position are shown) when disposed at the common location between the first and second ramped surfaces.
Regarding claim 6, Blackwell is silent as to, but Marrs discloses in Fig. 4, the stop member is a first stop member (131), and wherein the latching arrangement (109) includes a second stop member (123) that faces in an opposite direction than the first stop member (131) (123, best seen in Fig. 4, as protruding “upwards”, whereas 131 protrudes “downwards” which is an opposite direction). It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to include an additional stopping member, to ensure stoppage even when additional force is applied.
Regarding claim 8, Blackwell is silent as to, but Marrs discloses the release handle (109) includes a transition arrangement (138) towards the back end of the latching arrangement, but Blackwell and Marrs are both silent as to specifically including the transition arrangement on the first ramped surface. However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to include a transition arrangement on the first ramped surface as well, since Marrs already demonstrates possession of the knowledge of the benefits of such transition arrangements. Marrs teaches that providing transition regions (138) helps facilitate the latching movement while securing the stop member into the locked position (col. 4, lines 48-65).
Regarding claim 9, Blackwell and Marrs are silent as to specifically a front gripping end of the release handle is flexible. However, Examiner notes that front gripping end of release handle (109) is necessarily flexible otherwise it would snap and break when engaged. Applicant is broadly claiming flexibility without claiming any specific material. Release handle (109) would necessarily have to be flexible to be moveable from an unlocked to a locked position. Furthermore, Examiner notes, “to enable deflection of the front gripping end of the release handle along the width of the cassette relative to a remainder of the release handle” is an intended use limitation. For product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties and/or functions are presumed to be inherent. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). MPEP § 2112.01(I). Regardless, Gomez discloses handle (402, 403-1) is made out of a flexible material (paras [0058-0060]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention, to include a flexible material so that the release handle does not snap and properly engages.
Regarding claim 10, Blackwell discloses a front gripping end of the release handle (84) is different than a rear gripping end of the release handle (by definition and by location, the front is different from the rear; Examiner further notes that “front” and “rear” are directional terms that are meaningless without context and without defining what front and rear are relative to).
Regarding claim 11, Blackwell discloses in Figs. 5-11, the body is configured to carrying at least one port member (wherein cassettes all show rectangle openings for ports).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over 2015/0268435 A1 Blackwell, Jr. et. al. (herein “Blackwell”, cited on the attached PTO-892) in view of US 6,647,197 B1 Marrs et al. (herein “Marrs”, cited on the PTO-892 of 2/5/2026) in further view of US 2016/0217097 A1 Gomez et al. (herein “Gomez”, cited on the PTO-892 of 2/5/2026).
Regarding claim 7, Blackwell and Marrs are silent as to a camming member. However, Gomez discloses in Fig. 3, an example of a camming mechanism (302) used in a pluggable cassette (module) system. Gomez teaches that a camming mechanism facilitates physical coupling and securing of storage device carrier assemblies (paras [0050, 0054]). It would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to include the camming mechanism taught by Gomez with the stop member of Marrs (stop member 131), because including a camming mechanism extending from the stop member (31) of Marrs towards the body (18), and arranging it such that the stop member (131) defines oppositely facing engagement surfaces (creating by camming member, see Fig. 3 of Gomez) at an opposite end of the stop member from the camming member. Including a camming member, like the example taught by Gomez, with the stop member (131), where stop member (131) enters latch opening (165, see Fig. 4), would improve that latching by allowing for a vertical rotation (as taught by Gomez; para [0054]), which would result in a smoother latching process due to the addition of the vertical rotation and would prevent accidental removal of the cassette by providing a more secure connection as taught by Gomez.
Claim(s) 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2016/0077298 A1 Wiltjer et al. (herein “Wiltjer”, cited on the IDS of 8/18/2023).
Regarding claim 12, Wiltjer discloses in the figures:
A communications panel (2) comprising:
a chassis (100) defining an interior (interior is where cassettes 400 are placed);
a tray arrangement (200) configured to mount within the interior of the chassis (100), the tray arrangement (200) extending along a forward-rearward axis between opposite front and rear ends (front shown at 140, rear shown opposite front) and along a lateral axis between opposite first and second sides (108, 110), the tray arrangement carrying a plurality of guides (102, 104, 106) spaced from each other along the lateral axis and extending generally parallel to each other (shown in figures), each of the guides extending along the forward-rearward axis (front shown at 140, rear shown opposite front), each of the guides defining a notch (120, 122, 124, best shown at 122 in Fig. 15) at a top of the guide (wherein 122 is considered the top of the guide and area below 114 is considered the bottom of the guide, see Fig. 15); and
a cassette (400) mounted to the tray arrangement and selectively slidable along the forward- rearward axis relative to the tray arrangement (each tray is slidable, see e.g. para [0072]), the cassette (400) extending along the forward-rearward axis between opposite front and rear ends of the cassette and along the lateral axis between opposite first and second ends of the cassette (front shown at 140, rear shown opposite front),
a latching arrangement (214) disposed at the first end of the cassette (wherein when cassette engages with latching arrangement, it is considered to be “carrying” the latching arrangement – see 35 U.S.C. § 112 rejection).
Wiltjer discloses the latching arrangement including a stop member (forward limiting bracket 136, see Figs. 16, 17, and 22, best seen in Fig. 22) aligned with one of the guides when the cassette is mounted to the tray (wherein 136 engages with guide 106, side by side cassette trays 200, and chassis 100; para [0069]).
Wiltjer does not show in the figures the exact configuration of how stop member (136) engages with the other elements. Wiltjer is silent as to the stop member being aligned over the top of one of the guides, the stop member riding over the top of the guide as the cassette is slid along the forward-rearward axis (cassette 400 is mounted to tray 200, and each tray 200 is slidable; para [0072]) until the stop member aligns with the notch defined in the top of the guide, the stop member entering the notch when aligned with the notch along the forward-rearward axis to lock the cassette relative to the tray (para [0083], wherein, “[f]ront lead-in 268 guides the front post 410 of the cassette 400 into the divot 272 during front cassette installation. Front lead-in 268 also forms the top portion of divot 272.”). However, a person of ordinary skill in the art before the effective filing date of the invention would understand that in order for stop member (136) to be effective and functional, stop member would necessarily have to engage with the other elements, and figuring out exactly how would require only routine skill in the art, so as to ensure once the elements are in place they are locked and do not move, otherwise the stop member would be ineffective. Furthermore, a person of ordinary skill in the art at the effective filing date of the invention would understand that the stop member/notch arrangement can be used between the cassette and the tray.
Examiner notes that the limitation “the stop member riding over the top of the guide as the cassette is slid along the forward-rearward axis” is an intended use type limitation. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967) and In re Otto, 136 USPQ 458, 459 (CCPA 1963).
Regarding claims 13 and 14, the tray is stationary within the interior of the chassis and wherein the tray is movable relative to the chassis (each tray is slidable, see e.g. para [0072]; however, the trays are stationary when they are not being slid, therefore the trays are both movable and stationary).
Regarding claim 15, Wiltjer discloses the stop member is movable transverse to both the lateral axis and the forward-rearward axis between a lock position and a release position, the stop member being biased to the lock position (para [0083, wherein, “catch wall 266 includes a divot 272 which is shaped to engage with front post 410 of the cassette 400 such that catch wall 266 prohibits the cassette 400 from upward movement until sufficient upward force is applied to the cassette 400 to deflect the flex beam 214”, meaning when pressure is applied additional movement in other directions besides front-rearward can take place).
Regarding claim 16, Wiltjer discloses a release handle (414) movable along the forward-rearward axis between a neutral position and an actuate position, wherein the release handle transitions the stop member from the lock position to the release position when the release handle is moved from the neutral position to the actuate position (para [0086], wherein, “Cassette rear post release latch stop 416 is disposed on the body of the cassette 400 in a position to engage with the cassette rear post release latch 414 when inwardly directed pressure is placed on cassette rear post release latches 414. The cassette rear post release latch stop 416 is positioned to allow the cassette rear post 412 to travel a sufficient distance in the inward direction to disengage from the cassette tray rail rear post stop 238 while blocking the cassette rear post 412 from over traveling in the inward direction”).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 MARY A EL-SHAMMAA whose telephone number is (571)272-2469. The examiner can normally be reached Mon-Fri, 9am-6pm (flexible schedule).
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, Thomas Hollweg can be reached at 571-270-1739. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARY A EL-SHAMMAA/Examiner, Art Unit 2874
/THOMAS A HOLLWEG/Supervisory Patent Examiner, Art Unit 2874
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