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
The disclosure is objected to because of the following informalities:
paragraph [0057], line 4, “The cover 100 is attached to the base 110…” is an error for --The cover 110 is attached to the base 100…--.
paragraph [0057], line 9 and 10, “the base 110” is an error for -- the base 100--.
Appropriate correction is required.
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.
Claim 17-24 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.
Claim 17 recites the limitation "the slide body portion" in line 16. There is insufficient antecedent basis for this limitation in the claim and it appears to be an error for –a slide body portion--.
Claim 19 recites the limitation "a slide body portion" in line 2. There is insufficient antecedent basis for this limitation in the claim and it appears to be an error for –the slide body portion--.
Claims 18, 20-24 directly or indirectly depend from claim 17.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-7, 9-21 and 23-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cloud et al. (US 7,376,325), Embodiment 1 (figures 1-7) which in figures 1A-4 disclose the following claimed invention:
In re claim 1: An optical distribution box 100, comprising:
a base portion 110 (see figure 4 of Cloud et al.);
a cover portion 112 configured to be attached to the base portion 110 (see figure 4 of Cloud et al.);
an engaging portion 116/206 configured to be slidably attached (col.5,ll.35-36) to a first one of the base portion 110 and the cover portion 112 (see figures 1A and 3 of Cloud et al.);
a securing portion 210/212 configured to secure the engaging portion 116/206 to one of the base portion 110 and the cover portion 112 in a fully engaged position (see figures 1A and 3 of Cloud et al.);
a seal portion 412/416 configured to be located between the cover portion 112 and the base portion 110 (see figures 1A and 3 of Cloud et al.);
wherein a second one of the base portion 110 and the cover portion 112 comprises an angled pathway portion (slope portion of 214) (see col.5,ll.32-37 and figure 3 of Cloud et al.);
wherein at least a portion of the seal portion 412 is located between the angled pathway portion (slope portion of 214) and the first one of the base portion 110 and the cover portion 112 (see figure 2B of Cloud et al., which the seal is directly above reference number 210 and positioned between 214 and 110);
wherein the cover portion 112 is configured to be hingedly attached (see 114) to the base portion 110 (see figures 2A and 4 of Cloud et al.);
wherein the cover portion 112 is structurally configured to provide access to the interior of the base portion 110 when the cover portion 112 is in an open position (see figure 4 of Cloud et al.);
wherein the cover portion 112 is structurally configured to prevent access to the interior of the base portion 110 when the cover portion 112 is in a closed position (see figure 1A of Cloud et al.);
wherein the angled pathway portion 214 (slope portion of 214) comprises a first portion (bottom of slope) and a second portion (top of slope) (see col.5,ll.32-37 and figure 3 of Cloud et al.);
wherein the angled pathway portion (slope portion of 214) transitions (slopes) from the first portion (bottom of slope) to the second portion (top of the slope) (see col.5,ll.32-37 and figure 3 of Cloud et al.);
wherein the engaging portion 116/206 comprises a slide body portion 206 configured to slide (col.5,ll.35-36) from the first portion (bottom of slope) to the second portion (top of the slope) (see col.5,ll.32-37 and figure 3 of Cloud et al.);
wherein the slide body portion 206 comprises an edge portion (perimeter edge portion of 206) configured to engage the first portion (bottom of slope) and the second portion (top of the slope) of the angled pathway portion (slope portion of 214) (see col.5,ll.32-37 and figure 3 of Cloud et al.);
wherein the slide body portion 206 is configured to urge the cover portion 112 toward the base portion 110 when the slide body portion 206 is moved from the first portion (bottom of slope) to the second portion (top of the slope) (see col.5,ll.32-37 and figure 3 of Cloud et al.); and
wherein the slide body portion 206 is configured to urge the cover portion 112 toward the base portion 110 in a location of the seal portion 412/416 so as to enhance a watertight seal (col.6,ll.31-54) between the cover portion 112 and the base portion 110 in the fully engaged position of the slide body portion 206 (see col.5,ll.32-37 and figure 3 of Cloud et al.).
In re claim 2: the securing portion 210/212 is fixed to the engaging portion 116/206 (see col.5,ll.32-37 and figure 3 of Cloud et al.);
In re claim 3: the securing portion 210/212 is configured as an integral part (necessary part) of the engaging portion 116/206 (the securing portion is necessary to make the engaging portion complete when locking the box).
In re claim 4: the edge portion (perimeter edge portion of 206) of the slide body portion 206 comprises a first edge portion (left side perimeter edge portion, edge facing downward in figure 3), and the slide body portion 206 comprises a second edge portion (right side perimeter edge portion, edge facing upward in figure 3).
In re claim 5: the first one of the base portion 110 and the cover portion 112 comprises a second edge portion receiving portion (receiving portion that is in contact with 206 when in the locked position, after the sharp upward slope) that is configured to receive the second edge portion (right side perimeter edge portion) of the slide body portion 206 (see col.5,ll.32-37 and figure 3 of Cloud et al.).
In re claim 6: the second edge portion receiving portion (receiving portion that is in contact with 206 when in the locked position, after the sharp upward slope) is configured to permit the second edge portion (right side perimeter edge portion, edge facing upward in figure 3) to rotate relative to the first one of the base portion 110 and the cover portion 112 so as to alternatively position (locked/unlocked) the angled pathway portion (slope portion of 214) between the first edge portion (left side perimeter edge portion, edge facing downward in figure 3) and the second edge portion (right side perimeter edge portion, edge facing upward in figure 3) (see col.5,ll.32-37 and figure 3 of Cloud et al.).
In re claim 7: movement of the slide body portion 206 from the first portion (bottom of slope) to the second portion (top of the slope) of the angled pathway portion (slope portion of 214) compresses the seal portion between the cover portion 112 and the base portion 110.
In re claim 9: An optical distribution box 100, comprising:
a base portion 110 (see figure 4 of Cloud et al.);
a cover portion 112 configured to be attached to the base portion 110 (see figure 4 of Cloud et al.);
an engaging portion 116/206 configured to be attached (col.5,ll.35-36) to a first one of the base portion 110 and the cover portion 112 (see figures 1A and 3 of Cloud et al.);
a seal portion 412/416 configured to be located between the cover portion 112 and the base portion 110 (see figures 1A and 3 of Cloud et al.);
wherein a second one of the base portion 110 and the cover portion 112 comprises an angled pathway portion (slope portion of 214) (see col.5,ll.32-37 and figure 3 of Cloud et al.);
wherein at least a portion of the seal portion 412 is located between the angled pathway portion (slope portion of 214) and the first one of the base portion 110 and the cover portion 112 (see figure 2B of Cloud et al., which the seal is directly above reference number 210 and positioned between 214 and 110);
wherein the angled pathway portion (slope portion of 214) transitions (slopes) from a first portion (bottom of slope) to a second portion (top of the slope) (see col.5,ll.32-37 and figure 3 of Cloud et al.);
wherein an edge portion (perimeter edge portion of 206) of the engaging portion 116/206 is configured to engage the first portion (bottom of slope) and the second portion (top of the slope) of the angled pathway portion(slope portion of 214) (see col.5,ll.32-37 and figure 3 of Cloud et al.);
wherein the engaging portion 116/206 is configured to urge the cover portion 112 toward the base portion 110 when the engaging portion 116/206 is moved from the first portion (bottom of slope) to the second portion (top of the slope) (see col.5,ll.32-37 and figure 3 of Cloud et al.); and
wherein the engaging portion 116/206 is configured to urge the cover portion 112 toward the base portion 110 in a location of the seal portion 412/416 so as to enhance a watertight seal (col.6,ll.31-54) between the cover portion 112 and the base portion 110 in a fully engaged position of the engaging portion 116/206 (see col.5,ll.32-37 and figure 3 of Cloud et al.).
In re claim 10: a securing portion 210/212 configured to secure the engaging portion 116/206 to one of the base portion 110 and the cover portion 112 in a fully engaged position (see figures 1A and 3 of Cloud et al.).
In re claim 11: wherein the cover portion 112 is configured to be hingedly attached (see 114) to the base portion 110 (see figures 2A and 4 of Cloud et al.).
In re claim 12: wherein the cover portion 112 is structurally configured to provide access to the interior of the base portion 110 when the cover portion 112 is in an open position (see figure 4 of Cloud et al.) and wherein the cover portion 112 is structurally configured to prevent access to the interior of the base portion 110 when the cover portion 112 is in a closed position (see figure 1A of Cloud et al.).
In re claim 13: wherein the engaging portion 116/206 comprises a slide body portion 206 configured to slide (col.5,ll.35-36) from the first portion (bottom of slope) to the second portion (top of the slope) of the angled pathway portion (slope portion of 214) (see col.5,ll.32-37 and figure 3 of Cloud et al.).
In re claim 14: wherein the slide body portion 206 comprises an edge portion (perimeter edge portion of 206) configured to engage the first portion (bottom of slope) and the second portion (top of the slope) of the angled pathway portion (slope portion of 214) (see col.5,ll.32-37 and figure 3 of Cloud et al.).
In re claim 15: the edge portion (perimeter edge portion of 206) of the slide body portion 206 comprises a first edge portion (left side perimeter edge portion, edge facing downward in figure 3), and the slide body portion 206 comprises a second edge portion (right side perimeter edge portion, edge facing upward in figure 3).
In re claim 16: wherein the first one of the base portion 110 and the cover portion 112 comprises a second edge portion receiving portion (receiving portion that is in contact with 206 when in the locked position, after the sharp upward slope) that is configured to receive the second edge portion (right side perimeter edge portion) of the slide body portion 206 (see col.5,ll.32-37 and figure 3 of Cloud et al.), and wherein the second edge portion receiving portion (receiving portion that is in contact with 206 when in the locked position, after the sharp upward slope) is configured to permit the second edge portion (right side perimeter edge portion, edge facing upward in figure 3) to rotate relative to the first one of the base portion 110 and the cover portion 112 so as to alternatively position (locked/unlocked) the angled pathway portion (slope portion of 214) between the first edge portion (left side perimeter edge portion, edge facing downward in figure 3) and the second edge portion (right side perimeter edge portion, edge facing upward in figure 3) (see col.5,ll.32-37 and figure 3 of Cloud et al.).
In re claim 17: An optical distribution box 100, comprising:
a base portion 110 (see figure 4 of Cloud et al.);
a cover portion 112 configured to be attached to the base portion 110 (see figure 4 of Cloud et al.);
an engaging portion 116/206 configured to be attached (col.5,ll.35-36) to a first one of the base portion 110 and the cover portion 112 (see figures 1A and 3 of Cloud et al.);
wherein a second one of the base portion 110 and the cover portion 112 comprises an angled pathway portion (slope portion of 214) (see col.5,ll.32-37 and figure 3 of Cloud et al.);
wherein the base portion 110 and the cover portion 112 are configured to receive a seal portion 412/416 so that at least a portion of the seal portion 412/416 is located between the angled pathway portion (slope portion of 214) and the first one of the base portion 110 and the cover portion 112 (see figure 2B of Cloud et al., which the seal is directly above reference number 210 and positioned between 214 and 110);
wherein the angled pathway portion (slope portion of 214) transitions (slopes) from a first portion (bottom of slope) to a second portion (top of the slope) (see col.5,ll.32-37 and figure 3 of Cloud et al.);
wherein an edge portion (perimeter edge portion of 206) of the engaging portion 116/206 is configured to engage the first portion (bottom of slope) and the second portion (top of the slope) of the angled pathway portion (slope portion of 214) (see col.5,ll.32-37 and figure 3 of Cloud et al.); and
wherein a slide body portion 206 is configured to urge the cover portion 112 toward the base portion 110 in a location of the seal portion 412/416 so as to enhance a watertight seal (col.6,ll.31-54) between the cover portion 112 and the base portion 110 (see col.5,ll.32-37 and figure 3 of Cloud et al.).
It should be noted that a seal portion is not positively being claimed.
In re claim 18: the first portion (bottom of slope) is thinner in a first direction than the second portion (top of the slope) (see col.5,ll.32-37 and figure 3 of Cloud et al.).
In re claim 19: the engaging portion 116/206 comprises a slide body portion 206.
In re claim 20: the slide body portion 206 is configured to urge the cover portion 112 toward the base portion 110 when the slide body portion 206 is moved from the first portion (bottom of slope) to the second portion (top of the slope) (see col.5,ll.32-37 and figure 3 of Cloud et al.).
In re claim 21: a securing portion 210/212 configured to secure the engaging portion 116/206 to one of the base portion 110 and the cover portion 112 in a fully engaged position (see figures 1A and 3 of Cloud et al.).
In re claim 23: wherein the slide body portion 206 comprises a first edge portion (left side perimeter edge portion, edge facing downward in figure 3) configured to engage the first portion (bottom of slope) and the second portion (top of the slope) of the angled pathway portion (slope portion of 214) and the slide body portion 206 comprises a second edge portion (right side perimeter edge portion, edge facing upward in figure 3) (see col.5,ll.32-37 and figure 3 of Cloud et al.).
In re claim 24: wherein the first one of the base portion 110 and the cover portion 112 comprises a second edge portion receiving portion (receiving portion that is in contact with 206 when in the locked position, after the sharp upward slope) that is configured to receive the second edge portion (right side perimeter edge portion) of the slide body portion 206 (see col.5,ll.32-37 and figure 3 of Cloud et al.), and wherein the second edge portion receiving portion (receiving portion that is in contact with 206 when in the locked position, after the sharp upward slope) is configured to permit the second edge portion (right side perimeter edge portion, edge facing upward in figure 3) to rotate relative to the first one of the base portion 110 and the cover portion 112 so as to alternatively position (locked/unlocked) the angled pathway portion (slope portion of 214) between the first edge portion (left side perimeter edge portion, edge facing downward in figure 3) and the second edge portion (right side perimeter edge portion, edge facing upward in figure 3) (see col.5,ll.32-37 and figure 3 of Cloud et al.).
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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cloud et al. (US 7,376,325), Embodiment 1 (figures 1-7) in view of Embodiment 2 (figures 8-9). Embodiment 1 discloses the claimed invention as discussed above with the exception of the following claimed limitation that is taught by Embodiment 2:
In re claim 8: Embodiment 2, teaches an optical distribution box 100, comprising:
an angled mounting bracket 420A configured to be attached to an interior of the base portion 110; wherein the angled mounting bracket 420A comprises a base plate 514A configured to be attached to an interior wall of the base 110; wherein the angled mounting bracket 420A comprises an angled extension 518A that extends from the base plate 514A at an angle between zero degrees and ninety degrees (see figure 9); and wherein the angled extension 518A is configured to receive a mount 512A that is configured to receive a plurality of modules and/or trays (see figures 8 and 9 of Cloud et al.).
It should be noted that a mount and a plurality of modules and/or trays are not positively being claimed.
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to replace mounting brackets of Embodiment 1 with the angled mounting brackets as taught by Embodiment 2 in order to allow for additional mounting area when in use (see figures 8 and 9 of Cloud et al.).
Allowable Subject Matter
Claim 22 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See the attached PTO-892 for prior art the teaches and suggest structural limitations of the claimed and disclosed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERNESTO A GRANO whose telephone number is (571)270-3927. The examiner can normally be reached M-F 7:00-3:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Stashick can be reached at (571)272-4561. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERNESTO A GRANO/ Primary Examiner, Art Unit 3735