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 .
Specification
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 1-13 and 20 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “the movable door” in claims 1-6 and “the door” in claims 7-13 is used by the claim to mean “a door” while the accepted meaning is “a latching lever mechanism”. The term is indefinite because the specification does not clearly redefine the term.
Claims 3-4 and 6, the limitations “the first portion” and “the second portion”. There is insufficient antecedent basis for this limitation in the claim.
Claim 4, the limitation “second end of the movable door is movable in a direction toward an interior of the second housing portion to disengage the second end of the door from the second portion” is unclear. How can the second end disengage itself from the second housing portion?
Claim 13, the limitations “the non-position”. There is insufficient antecedent basis for this limitation in the claim.
Claims 13 and 20, the limitation “wherein when the second housing portion is in the use position, the second housing portion is spaced apart from the first housing portion by a first gap, and wherein the second housing portion is movable from either the non-position or the use position to an intermediate position in which the second housing portion is spaced apart from the second housing portion by a second gap that is bigger than the first gap.” is unclear.
The examiner interprets as “wherein when the second housing portion is in the non-use position, the second housing portion is spaced apart from the first housing portion by a first gap, and wherein the second housing portion is movable from use position to the use position
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 1-2, 5, 7-8, 10 and 13-20 are rejected under 35 U.S.C. 102(a1) as being anticipated by Bartee et al. (US 5,023,396).
Regarding claim 1, Bartee et al. disclose an above surface power distribution assembly for indoors or outdoors usage, the above surface power distribution assembly comprising:
a housing including a first housing portion (12) supported by a support surface (118, Fig. 11) and having a movable door (46, 48) and a second housing portion (16) movably coupled to the first housing portion by the movable door, the second housing portion movable relative to the first housing portion between a non-use position (Fig. 2) in which the second housing portion is secured relative to the first housing portion, and a use position (Fig. 1) in which the second housing portion is unsecured relative to the first housing portion; and
a power distribution unit (108) positioned within the housing, the power distribution unit including at least one power outlet in electrical communication with a power source (via wire 106);
wherein when the second housing portion is in the non-use position, the at least one power outlet is inaccessible, wherein when the second housing portion is in the use position, the at least one power outlet is accessible,
wherein the movable door protects the power distribution unit against ingress of solid debris.
Bartee substantially disclosed the claimed invention except to mention the door also protects the power distribution unit against ingress of fluid.
This feature is seen to be an inherent teaching since the movable door was a means locking the first and second housing portions tightly together. Therefore, the movable door must able to protects the power distribution unit against ingress of fluid.
Regarding claim 2, Bartee et al. disclose the second housing portion is biased by a biasing member (18, 20) into the use position.
Regarding claim 5, Bartee et al. disclose the housing defines a longitudinal axis (up-down axis), and where the second housing portion is movable parallel to the longitudinal axis between the non-use position and use position.
Regarding claim 7, Bartee et al. disclose an above surface power distribution assembly comprising:
a housing including a first housing portion (12) supported by a support surface (118) and a second housing portion (16) movably coupled to the first housing portion, the second housing portion movable relative to the first housing portion between a non-use position (Fig. 2) in which the second housing portion is secured relative to the first housing portion, and a use position (Fig. 1) in which the second housing portion is unsecured relative to the first housing portion;
a door (46, 48) coupled to the first housing portion and selectively coupled to the second housing portion, the door being movable between an engaged position in which the door engages the second housing portion and a disengaged position in which the door is disengaged from the second housing portion; and
a power distribution unit (108) positioned within the housing, the power distribution unit including at least one power outlet in electrical communication with a power source (via wire 106) ;
wherein when the door is in the engaged position, the second housing portion is in the non-use position and the at least one power outlet is inaccessible, and
wherein when the door is in the disengaged positioned, the second housing portion is in the use position and the at least one power outlet is accessible.
Regarding claim 8, Bartee et al. disclose the second housing portion is biased by a biasing member (18, 20) into the use position when a user moves the door from the engaged to the disengaged position.
Regarding claim 10, Bartee et al. disclose the housing defines a longitudinal axis (up-down axis), and where the second housing portion is movable parallel to the longitudinal axis between the non-use position and use position.
Regarding claim 13, Bartee et al. disclose when the second housing portion is in the non-use position, the second housing portion is spaced apart from the first housing portion by a first gap (a space between the first and second housing portion in Fig. 1), and wherein the second housing portion is movable from the non-use position to the use position in which the second housing portion is spaced apart from the second housing portion by a second gap (a space between the first and second housing portion in Fig. 2) that is bigger than the first gap.
Regarding claim 14, Bartee et al. disclose an above surface power distribution assembly comprising:
a housing including a first housing portion (12) supported by a support surface (118) and a second housing portion (16) movably coupled to the first housing portion, the second housing portion movable relative to the first housing portion between a non-use position (Fig. 2) in which the second housing portion is secured relative to the first housing portion, and a use position (Fig. 1) in which the second housing portion is unsecured relative to the first housing portion; and
a power distribution unit positioned within the housing, the power distribution unit including at least one power outlet (108) in electrical communication with a power source (via wire 106);
wherein when the second housing portion is in the non-use position, the at least one power outlet is inaccessible, and wherein when the second housing portion is in the use position, the at least one power outlet is accessible.
Regarding claim 15, Bartee et al. disclose the housing defines a longitudinal axis (up-down axis), and where the second housing portion is movable parallel to the longitudinal axis between the non-use position and use position.
Regarding claim 16, Bartee et al. disclose a biasing member (18, 20) positioned between the power distribution unit and the second housing portion to bias the second housing portion into the use position.
Regarding claim 17, Bartee et al. disclose a guide member (34) that is coupled to the second housing portion and extends into the first housing portion, the guide member configured to guide the second housing portion between the non-use position and the use position.
Regarding claim 18, Bartee et al. disclose a guide member (34) extending from the second housing portion to the first housing portion through the power distribution unit, the guide member configured to guide the second housing portion between the non-use and the use position.
Regarding claim 19, Bartee et al. disclose the guide member includes a first end (at 76 adjacent to 78) positioned between the power distribution unit and the second housing portion and a second end (at 64) positioned in the first portion of the housing, the first end supporting a biasing member (18, 20) that biases the second housing portion into the use position, the second end including a flange (62, 64) that prevents removal of the second housing portion from the first housing portion.
Regarding claim 20, Bartee et al. disclose when the second housing portion is in the non-use position, the second housing portion is spaced apart from the first housing portion by a first gap (a space between the first and second housing portion in Fig. 1), and wherein the second housing portion is movable from the non-use position to the use position in which the second housing portion is spaced apart from the second housing portion by a second gap (a space between the first and second housing portion in Fig. 2) that is bigger than the first gap.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 3-4, 6, 9, 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Bartee et al. (US 5,023,396) in view of Curtis et al. (US 2014/0370732).
Regarding claims 3-4, 6 and 11, Bartee et al. substantially disclosed the claimed invention except the movable door has a first end that is pivotably coupled to the first housing portion and a second end that is selectively engaged with the second housing portion.
Curtis et al. teach a movable door (72) has a first end pivotably coupled to a first housing portion (20) and a second end (74) engaged with the second housing portion (20) (see Fig. 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made to provide the movable door being pivotably engage to Bartee’s second housing portion, as taught by Curtis et al. for firmly secure the first and second housing portions together.
Regarding claims 9 and 12, in the modified movable door, Curtis et al. disclose a lock (hook 74) that prevents the door from being movable to the disengaged position.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRUC T NGUYEN whose telephone number is (571)272-2011. The examiner can normally be reached monday-friday (7-4).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher M. Koehler can be reached at 5712723560. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRUC T NGUYEN/Primary Examiner, Art Unit 2834