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 .
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.
Claims 1-17 and 26-33 are rejected under 35 U.S.C. 102a1 as being anticipated by US Patent Application to Van Baelen 202/0252811US.
In terms of Claim 1, Van Baelen teaches a cable panel rack (Figures 1-6): comprising: a center rack frame portion (Figure 4: 112 and 114); a distribution cable management portion (Figure 4: 112 and 114 each contain a right side panel next to 114 at location of 1000) configured to be attached to the center rack frame portion (Figure 62: illustrate wherein the panels mainly portion 12 of 114 are individual parts; Figure 195: illustrates wherein the 3 backplate panels that make 114 including the left and right panels are attached together); an input cable portion (Figure 4: left side of 114 at location 146) configured to be attached to the center rack frame portion (Figures 62 and 195 wherein all the backplate panels are attached); a drop cable guiding portion (Figure 4: vertical track at location of 136 or Figure 6: 144 in between opening of 150 at element 146 [0223]) configured to be attached to the distribution cable management portion (Figure 4: 136 vertical positioned track is attached to panel at the location of 1000; 150 is also attached to right panel of 114 which the examiner considers to be the “distribution cable management”); a bottom cable portion (Figure 4: 140) configured to be attached to the center rack frame portion (Figure 4: 140 is attached to 112 /114 via the legs portion as shown in Figure 196: 131; [0241]); wherein the center rack frame portion is structurally configured to receive a plurality of cable panels (Figure 4: 100 or Figure 183: 100); wherein the distribution cable management portion (right side of 114 at 1000) is configured to be alternatively attached to a first side of the center rack frame portion and a second side of the center rack frame portion (Figure 4: panel of 114 at 1000 can be attached 114 or 112 via the left or right side as shown by Figure 4); wherein the center rack frame portion (middle portion of 112 and 114 at the location of element 100) is structurally arranged to receive the plurality of cable panels between the first side and the second (See Figure 1 and Figure 25 below: wherein panels 100 are located between the 1st and 2nd side. Details of the panels 100 can be seen in Figure 30).
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wherein the input cable portion (Figure 4: left panel at 146) is configured to be alternatively attached to the first side of the center rack frame portion and the second side of the center rack frame portion (Figure 5: 114 has side 113 having wall 12 on the left, a corresponding right wall is shown at 117. Figure 5: 112 is a similar panel to 114 but the panels left of 112 and right are opposite the orientation of 114. 112 has an alternative arrangement of the panels 113 and 117 to orientation as shown in 114); wherein the drop cable guiding portion (Figure 4: vertical tracks 136 or Figure 6: 144 or opening of 150) is configured to be attached to the distribution cable management portion in either a first drop cable guiding portion position (Figure 6: 136 and 144 and 150 are attached to right panel of 114) or a second drop cable guiding portion position (at 136 as shown by Figure 4) based on a position of the distribution cable management portion (Figure 4: 136 and Figure 6: 144); wherein the center rack frame portion (114/112) is configured to be attached at a first portion of the bottom cable portion (bottom portion of 114) when the distribution cable management portion (Figure 5: right panel of 114 at 117) is attached to the first side of the center rack frame portion; wherein the center rack frame portion is configured to be attached at a second portion of the bottom cable portion when the distribution cable management portion is attached to the second side of the center rack frame portion (bottom portion of 140 and 112); and wherein the cable panel rack is configured to be arranged as either a left-hand rack (114 on the left side) with the center rack frame portion attached at the first portion (middle portion 114 on the left side) or a right-hand rack (112) with the center rack frame portion attached at the second portion (112 has a central rack portion located on the right side), so as to permit a user to select and/or change a configuration of the cable panel rack at an installation location without needing additional components and without disconnecting cables from the cable panels in the center rack frame portion (Figure 25: panel modules 100 can be reposition without disconnecting cables).
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As for Claim 2, Van Baelen teaches the device of Claim 1, wherein the first side of the center rack frame portion is opposite to the second side of the center rack frame portion (Figure 4: see position of 112 and 114; and Figure 2: side portions 124/126).
As for Claim 3, Van Baelen teaches the device of Claim 1, wherein the distribution cable management portion (Figure 4: see distribution cable portion on the right side of 114; Figure 2: 124 and 126 left and right plate to 114) comprises a first set of holes and a second set of holes (Figure 72: 14; [0263]; Figures 32 and 62).
As for Claim 4, Van Baelen teaches the device of Claim 3, wherein the drop cable guiding portion (Figure 4: 136 and Figure 6: 144) is configured to be alternatively attached to the distribution cable management portion in either the first set of holes or the second set of holes (Figure 4: 136 are positioned on the bottom holes; Figure 6: 144 is positioned on the top set of holes).
As for Claim 5, Van Baelen teaches the device of Claim 4, wherein the center rack frame portion (Figure 4: 112/114) attaches to the bottom cable portion in the first position (wherein 140 touches 114) when the drop cable guiding portion (Figure 4: 136) is attached to the distribution cable management portion in the first set of holes (136 is located on the bottom set of holes as shown by Figure 62).
As for Claim 6, Van Baelen teaches the device of Claim 5, wherein the center rack frame portion (112/114) attaches to the bottom cable portion (140) in the second position (Figure 4: 140 also attaches to 112) when the drop cable guiding portion (144) is attached to the distribution cable management portion in the second set of holes (Figure 6: 144 is attached to the panel via the top set of slots as shown by Figure 62).
As for Claim 7, Van Baelen teaches the device of Claim 1, wherein the cable panel rack (Figure 4) further comprises a cable routing portion (Figure 32: 100 and 2000 which provides routing function [0226] or Figure 57: 1200) configured to be attached to the distribution cable management portion (Figure 57: 1200 and Figure 32: 2000).
As for Claim 8, Van Baelen teaches the device of Claim 7, wherein the distribution cable management portion (Figure 2: 124 and 126) is configured to have the cable routing portion alternatively attached to the distribution cable management portion in a plurality of locations on the distribution cable management portion (Figure 32: 2000 are located along different set locations vertically positioned; Figure 57:1200 are located as various position vertically positioned along the panel next to middle portion where 100 is located).
In terms of Claim 9, Van Baelen teaches a device for enhancing cable management in a rack system (Figures 1: 110) comprising: a frame portion (Figure 4: 112/114) structurally arranged to receive a plurality of cable panels (Figure 4: 100); a distribution cable management portion (Figure 4: right side of 114 wherein 1000 is located) configured to be attached to the frame portion (Figure 62 illustrate wherein the panels are individual parts; Figure 195: illustrates wherein the 3 backplate panels are attached); an input portion (Figure 5: left panel of 114 at 113) structurally arranged to be attached to the frame portion (Figure 62 illustrate wherein the panels are individual parts such as back wall 12 which is part of the side panel 114 [0218]. The device when fully assembled is shown in Figure 4 as 114 thus the side panels must be attached through some kind structures); a bottom portion (Figure 4: 140) structurally arranged to be attached to the frame portion (See Figure 4: 140/ 114/ 112), and to permit cables to pass from the rack assembly to an adjacent rack assembly (Figure 33: illustrates wherein the multiple rack assembly allow cables to pass from rack assembly to an adjacent rack assembly via the bottom passageway); wherein the distribution cable management portion is structurally arranged to be alternatively attached to a first side of the frame portion and a second side of the frame portion (Figure 5: contains panel at 117 on the right side of 114; alternatively in 112 the same panel is now located on the left thus providing an alternative attachment configuration), wherein the frame portion structurally arranged to received the plurality of cable panels between the first and second side (Figure 25: 100).
wherein the input portion (Figure 5: left side of 114 at 113) is structurally arranged to be alternatively attached to the first side of the center rack frame portion and the second side of the center rack frame portion (Figure 5: 113 is located on the left side of 114; alternatively the same panel is now orientated on the right side of 112, thus providing an alternative orientation attachment); wherein the frame portion (112/114) is structurally arranged to be attached at a first portion of the bottom portion (114 and 140 that touches 114) when the distribution cable management portion is attached to the first side of the frame portion (Figure 4: panel right of 114 at 1000); wherein the frame portion (114/112) is structurally arranged to be attached at a second portion of the bottom cable portion when the distribution cable management portion is attached to the second side of the frame portion (side of 112 is attached to 140 via the 2nd location at the bottom of 112 that touches 140); and wherein the enhanced rack assembly (110) is structurally arranged to enhance cable management of a rack system (Figure 1) during operations by permitting the distribution cable management portion (Figure 5: panels 12 on right side at 117) to be alternative attached to the first of the frame portion and the second side of frame portion (Figure 5: the right panel at 117 of 114 can be attached to left side of 112 thus being capable of “alternatively attached” to either frame 112/114) without disconnection cables from the cable panels (Figure 25: 100 illustrates panels and fibers can be reposition without disconnecting) in the frame portion so to permit a user to select and/or change a configuration of the rack assembly at an installation location (Figure 25: wherein the cable can stay connected to 100 while being moved, the act for removing or reattaching the side panels to 114 will not effect the cable 5 connections to 100).
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As for Claim 10, Van Baelen teaches the device of Claim 9, wherein device further comprises a drop cable guiding portion (Figure 4: channels 136 and Figure 6: channel 144 or the gap 150 on the right side of 114) structurally arranged to be attached to the distribution cable management portion (Figure 6: 150/136/ 144 are all attached to right panel of 114 via the wall 12 of 117).
As for Claim 11, Van Baelen teaches the device of Claim 10, wherein the drop cable guiding portion (Figure 4: 136 and Figure 6: 144/150) is structurally arranged to be attached to the distribution cable management portion (Figure 6: 146/136/144/150; Figure 5:the components of 146/144/136/150 are shown to be attached to 12 of 117) in either a first drop cable guiding portion position or a second drop cable guiding portion position based on a position of the distribution cable management portion relative to the center rack frame portion (Figure 4: 136 is located on the bottom while 144 shown in Figure 6 is located on the top of the panel next to 114).
As for Claim 12, Van Baelen teaches the device of Claim 10, wherein the distribution cable management portion (Figure 4: right panel next to 114) comprises a first set of holes and a second set of holes (Figure 62: wherein panel has a series of holes along the vertical direction of the panel).
As for Claim 13, Van Baelen teaches the device of Claim 12, wherein the drop cable guiding portion (Figure 4: 136 and Figure 6: 144) is structurally arranged to be alternatively attached to the distribution cable management portion in either the first set of holes or the second set of holes (Figure 4: 136 are positioned on the bottom holes; Figure 6: 144 is positioned on the top set of holes)
As for Claim 14, Van Baelen teaches the device of Claim 9, wherein the first side of the frame portion (114) is opposite to the second side (112) of the frame portion (Figure 4: 114/112).
As for Claim 15, Van Baelen teaches the device of Claim 9, wherein the device (Figure 4) further comprises a cable routing portion (Figure 32: 100 and 2000 which provides routing function [0226] or Figure 57: 1200) configured to be attached to the distribution cable management portion (Figure 57: 1200 and Figure 32: 2000).
As for Claim 16, Van Baelen teaches the device of Claim 15, wherein the distribution cable management portion (Figure 5: right side of 114) is configured to have the cable routing portion alternatively attached to the distribution cable management portion in a plurality of locations on the distribution cable management portion (Figure 32: 2000 are located along different set locations vertically positioned; Figure 57:1200 are located as various position vertically positioned along the panel next to middle portion where 100 is located).
As for Claim 17, Van Baelen teaches the device of Claim 9, wherein the device (Figure 4: 100) is structurally arranged to be arranged with either the center rack frame portion attached at the first portion (Figure 4: 100 in 114) or with the frame portion attached at the second portion (Figure 4: 100 in 112), so as to permit a user to select and/or change a configuration of the device at an installation location without needing additional components (Figure 25: 100 is removed without and changed without needing additional components).
In terms of Claim 26, Van Baelen teaches a device for enhancing cable management in a rack system (Figure 1-6) comprising: an enhanced rack assembly (Figure 1: 110) comprising: a frame portion (Figures 4 and 5: 114/112) structurally arranged to receive a plurality of cable panels (Figure 5: 114 and 112 contain two panels 12 one on the left at 113 and one on the right at 117); a distribution cable management portion arranged to be attached to the frame portion (Figure 5: panel 12 on the left side at location of element 117 is considered a “distribution cable management portion”); a bottom portion (Figure 4: 140) structurally arranged to be attached to the frame portion and to permit cables to pass from the rack assembly to an adjacent rack assembly (Figure 4 and Figure 33: wherein cables are routed through the bottom); wherein the distribution cable management portion (Figure 5: panel 12 of 114 at 113 or the left side of 114) is structurally arranged to be alternatively attached to a first side of the frame portion (Figure 5: at 114 right panel of 12 at 117 is located on the right side of 114) and a second side of the frame portion (Figure 5: the same panel similar to 117 is now position on the left side of 112 at an alternative attached orientation), wherein the frame portion (112/114) is structurally arranged to receive the plurality of cable panels between the first side and the second side (Figure 4: 100 is between the 1st side and 2nd side);
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wherein the frame portion (112/114) is structurally arranged to be attached at a first portion of the bottom portion (114 is coupled to left side of 140 at the bottom) when the distribution cable management portion (Figure 5: panel 12 located on the left side of 114 at 113) is attached to the first side of the frame portion (Figure 4: above see left side of 114) and at a second portion of the bottom portion when the distribution cable management portion is attached to the second side of the frame portion (Figure 5: the right side 112 is coupled to bottom portion140 at the second side of the frame portion); and wherein the rack assembly is structurally arranged to enhance cable management of a rack system during operation by permitting the distribution cable management portion to be alternatively attached to the first side of the frame portion and the second side of the frame portion without disconnecting cables from the cable panels in the frame portion so as to permit a user to select and/or change a configuration of the rack assembly at an installation location (Figure 5: panels 12 is shown to be removable as shown in Figure 62: 12; Figure 25: illustrates the cable 5 can be reposition while still being connected to 100).
As for claim 27, Van Baelen teaches the device of claim 26, further comprising an input portion (Figure 5: 146 is gap defined by structures 150) structurally arranged to be attached to the frame portion (Figure 5: structures 150 is attached to 12 on the left and right side of panel 112/114 of which are attached to middle portion. Figure 176 illustrates the middle portion to be 5000 wherein the middle panel is attached to the right and left panel via 5014 as shown in Figure 178. Figure 191 illustrates wherein all 3 panels are attached to each other).
As for claim 28, Van Baelen teaches the device of claim 27, wherein the input portion (Figures 4 and 5: 150 and gap 146) is structurally arranged to be alternatively attached to the first side of the frame portion and the second side of the frame portion (Figure 5: 150 can be attached to either the left side or right of 114 and 112 for alternatively attached orientations).
As for claim 29, Van Baelen teaches the device of claim 26, further comprising a drop cable guiding portion (Figures 4 and 5: drop portion 136/ 144) structurally arranged to be attached to the distribution cable management portion (Figure 4: 136 and 144 are shown to be attached to wall 12 on the right side of 114) in either a first drop cable guiding portion position or a second drop cable guiding portion position based on a position of the distribution cable management portion relative to the frame portion (Figure 4: 136 and 144 are vertically spaced from each other at different locations).
As for claim 30, Van Baelen teaches the device of claim 29, wherein the distribution cable management portion (Figure 4: see distribution cable portion on the right side of 114; Figure 2: 124 and 126 left and right plate to 114) comprises a first set of holes and a second set of holes (Figure 72: 14; [0263]; Figures 32 and 62), and the drop cable guiding portion is structurally arranged to be alternatively attached to the distribution cable management portion in either the first set of holes or the second set of holes (Figure 4: 136/144 are vertically spaced from each other wherein 136/144 is capable of being alternative attached in different set holes that vertically arranged as shown in Figure 32 and 62.
As for claim 31, Van Baelen teaches the device of claim 26, wherein the first side of the frame portion is opposite to the second side of the frame portion (1st side on the left at 114 and 2nd side is on the right 112).
As for claim 32, Van Baelen teaches the device of claim 26, further comprising a cable routing portion structurally arranged to be attached to the distribution cable management portion (Figure 32: 1000 and 2000 which provides routing function [0226] or Figure 57: 1200 these structures are all attached to wall 12 on side of 126 as shown in Figures 43, 56 and 103) and the distribution cable management portion is structurally arranged to have the cable routing portion mounted to the distribution cable management portion in a plurality of locations on the distribution cable management portion (Figures 43: see 1000 and 1200 on side panel of 126; Figure 103: 2000).
As for claim 33, Van Baelen teaches the device of claim 26, wherein the device is configured to be arranged with either the frame portion attached at the first portion or with the frame portion attached at the second portion, so as to permit a user to select and/or change a configuration of the device at an installation location without needing additional components (Figure 4 and 5: the first position is 114 and the second position is 112; the device can be attach or reconfigured into many setups wherein both position is present [Figure 4]; multiple pairs of 114/112 are coupled together [Figure 33]; only one panel is present [Figure 29]).
Response to Arguments
Applicant's arguments filed 6/02/2026 have been fully considered but they are not persuasive. In this instant the applicant argued the prior art does not teach changing between a left rack configuration and right-hand rack configuration (Remarks Page 10 and 11).
The examiner respectfully disagrees, claim 1 recites “and wherein the cable panel rack is configured to be arranged as either a left-hand rack with the center rack frame portion attached at the first portion or a right-hand rack with the center rack frame portion attached at the second portion, so as to permit a user to select and/or change a configuration of the cable panel rack at an installation location without needing additional components and without disconnecting cables from the cable panels in the center rack frame portion”.
In this instant the prior art teaches a frame made of two portions (114/112 as shown below), each portion 114/112 contain a two side panels sections 12 located on the left and right side of 114 and 112 respectively. Figure 5: illustrates that the right panel of 114 can be alternatively position in 112 to be on the left side. This allow the device to be both left and right hand due when a user is standing Infront of the frame 112. The right side of 114 will corresponds to the left land since it is located on the left; the same mirror portion panel is attached to 112 now corresponds to right hand since it is located right of the left-hand side.
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The applicant argues the prior art does not teach wherein the panels of 112 or 114 are interchangeable.
The examiner respectfully disagrees, Figure 62: illustrates the panel 114 is modular having 2 panels such as element 12. Figure 56: illustrates the panels can be different from each other such as 130 compares to the two middles panels. Figure 176 illustrates wherein the 3 panels are attached to each other to form 114. Figure 178 illustrates wherein the middle panel 5000 is attached to the two side panels via mounting portions 5014 having alignment indicia 5014 [0397]. Hence the examiner considers the side panels of 114 are capable of being removable and interchangeable base desired application and routing pathways.
The applicant further argues Van Baelen does not teach the newly amended limitations of “wherein the center rack frame portion is structurally arranged to receive the plurality of cable panels between the first and second side (Remarks Page 11).
The examiner respectfully disagrees because Van Baelen teaches in Figure 4: panel of 114 at 1000 can be attached 114 or 112 via the left or right side as shown by Figure 4); wherein the center rack frame portion (middle portion of 112 and 114 at the location of element 100) is structurally arranged to receive the plurality of cable panels between the first side and the second (See Figure 1 and Figure 25 below: wherein panels 100 are located between the 1st and 2nd side. Details of the panels 100 can be seen in Figure 30).
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In regards to Claims 4, the applicant argues the prior art does not teach “wherein the drop cable guiding portion is configured to be alternatively attached to the distribution cable manage portion” (Remarks Page 12).
The examiner respectfully disagrees, Figure 57 illustrates the cable guiding portion 144 and 136 relative to 1200. 144 is coupled to 1200 via a slit that can be seen (Figure 85: 1221). Figure 57 also illustrates wherein 136 is coupled to 1000 via slits 1030 of Figure 78. This slit provides mounting alignment for the guiding portions 136 and 144. Both 1000 and 1200 are mounted at different location on different set of holes. Further the slits can be adjusted to coupled different orientation of 1200 and 1000 base on desired orientation of the installer due to the structures of 1000 and 1200 are removable and are able to be mounted at different location as shown in Figure 57.
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In regards to Claim 7, the applicant argues the prior art structure of 1200/2000/1000 are not configured to be attached the distribution cable management portion.
The examiner respectfully disagrees, because the “distribution cable management portion” is considered by the examiner as the side panel that attached to the middle portion as indicated in the rejection to claim 1. As shown in Figure 57 above 1000 and 1200 are attached to the side portion of 114. Paragraph [0227] indicates elements 2000 can be located on the side of the cross assembly 120. Figure 44 illustrates element 120 as the bottom portion of the frame. Figures 192-193 illustrates a detailed portion of the bottom portion 6000 being mounted to the two side panels (which the examiner considers as “distribution cable management portion”) via structure 101 and 6010. Hence all 3 structures as indicated is capable of being “be attached the distribution cable management portion” as recited in claim 7.
Newly amended limitations to Claim 9 and newly added claims 26-33 are rejected as detailed above.
This action is therefore made FINAL for reasons detailed above.
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 HOANG Q TRAN whose telephone number is (571)272-5049. The examiner can normally be reached 9:30 am - 5:30pm Monday - Friday.
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, Uyen-Chau Le can be reached at 5712722397. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOANG Q TRAN/ Examiner, Art Unit 2874
/UYEN CHAU N LE/ Supervisory Patent Examiner, Art Unit 2874