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 .
Election/Restrictions
Applicant’s election without traverse of Group 1, claims 1-12, in the reply filed on 8/03/2026 is acknowledged. Claims 13-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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 1-12 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.
Claims 1 recites “An interlock device for a bypass device”, which clearly establishes that the interlock device is merely intended for use with the bypass device, and that the bypass device and its limitations are not required by the claims. Claim 1 then describes the bypass device in detail, and then attributes functional limitations to each structural component of the interlock device (rack in rack out mechanism, first interlock mechanism, and second interlock mechanism) solely based on the specifics of the bypass device, and not based on the physical structure/functionality of the interlock device. The limitations directed to the bypass device obscure the metes and bounds of the claims, and render the claims indefinite, since it is unclear what limitations of the interlock device itself are actually required by the claim.
The claims should be amended to clearly require the bypass device, e.g., “An interlock device and a bypass device,” or clearly describe the interlock device in terms of what it is/does.
Claims 2-4 and 7-9 similarly recite limitations based on specifics of the bypass device.
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) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xu (CN 211428056 U). Reference and translation submitted with IDS on 4/09/2026.
As to claim 1 (as best understood), Xu discloses: An interlock device 3 (Fig. 1-5) for a bypass device (Fig. 1-5; par. 0040), the interlock device comprising:
a Rack In Rack Out (RIRO) mechanism 20, 23 (par. 0048-0049), ;
a first interlock mechanism (par. 0044), ; and
a second interlock mechanism (par. 0045), .
Examiner notes that the phrase “for a bypass device” clearly identifies that the bypass device and all of its limitations are not required by the claim, and instead describe a bypass device that the interlock is intended to be capable of use with.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Flegel (US 9035782 B1), Flegel (US 20090212630 A1), Dolinski (US 20170237287 A1), and Paik (US 20070018506 A1) disclose related prior art interlock devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB R CRUM whose telephone number is (571)270-7665. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jayprakash Gandhi can be reached at (571) 270-1985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB R CRUM/ Primary Examiner, Art Unit 2841
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