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 Arguments
Applicant's arguments filed 9/30/26 have been fully considered but they are not persuasive.
Regarding the argument that Cooke does not disclose the amended limitations because Cooke’s tray (20) is merely an intermediate carrier for separate modules. This ignores the rejection that maps Cooke’s tray (20) along with the modules (22) that the tray carries as the claim’s “telecommunication module”. Nothing in the claim negates Cooke’s tray/module combination (20 with 22) from being considered a telecommunication module. The rest of the arguments ignores the claim mapping that states the telecommunication module is 20 with 22. The telecommunication module (20 with 22) then teaches a module with an upper panel wall (tops of 22s, 32s), a lower panel wall (bottom of 22s, 32s), and a panel sidewall (56s) extending between the upper panel wall and the lower panel wall (see Fig. 3).
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 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cooke et al (US 8,433,171 B2). Cooke teaches:
1. A rack assembly (12, 14, 20, Figs. 1-13, 26) for a telecommunications module (20), the rack assembly comprising:
a frame (14) extending along a vertical axis; and
a pair of sidewalls (12) attachable to the frame (14) and spaced apart from one another along a lateral axis (see Fig. 1), wherein the sidewalls (12) extend along a longitudinal axis perpendicular to the lateral axis (see Fig. 1), the sidewalls (12) comprising a plurality of rails (68) in adjacent arrangement along the vertical axis and extending along the longitudinal axis (see Fig. 7), the plurality of rails (68) configured to receive and directly attach to a telecommunications module (20 with 22s), wherein the telecommunications module (20 with 22s) comprises an upper panel wall (tops of 22s, 32s), a lower panel wall (bottom of 22s, 32s), and a panel sidewall (56s) extending between the upper panel wall and the lower panel wall (see Fig. 3), wherein the telecommunications module (20 with 22s) forms an interface panel (23s) configured to receive a plurality of fiber optic cables (at 23, C5 L22-30), wherein the plurality of rails (68) is spaced apart along the vertical axis by less than one rack unit (3 rows within a 1-RU size = 1/3 RU per row; C4 L64 – C5 L14, C7 L41-64).
2. The rack assembly of claim 1, wherein the plurality of rails (68) are evenly spaced from one another along the vertical axis within one rack unit and are spaced part along the vertical axis by at least one-third rack unit (Fig. 8, C7 L41-64, 3 rows within a 1-RU size = 1/3 RU per row; C4 L64 – C5 L14, C7 L41-64).
3. The rack assembly of claim 1, the rack assembly (12, 14, 20) comprising a plurality of pairs of sidewalls (12) attachable to the frame (14) in adjacent arrangement along the vertical axis (Figs. 1, 7).
4. The rack assembly of claim 3, wherein the sidewall (12) is approximately one rack unit in dimension along the vertical axis (C5 L47-58).
5. The rack assembly of claim 3, the frame (14) forming a plurality of sidewall mount openings (18) at which the sidewall (12) is attachable to the frame (14) (C4 L64 – C5 L14).
6. The rack assembly of claim 5, wherein the sidewall (12) forms a mount opening (66) corresponding to at least one of the plurality of sidewall (12) mount openings (not shown) at the frame (C7 L48-52), the mount opening (66) and the sidewall mount opening configured to receive a fastener (see Fig. 1) therethrough to retain the sidewall (12) to the frame (14) .
7. The rack assembly of claim 6, the sidewall (12) comprising a mount wall at which the mount opening is formed (see Fig. 1 where 12 mounts to 14/18).
8. The rack assembly of claim 7, wherein the mount wall extends along the lateral axis to align one or more mount openings to the sidewall mount (see Fig. 1, 8; mount wall extends a length).
9. The rack assembly of claim 1, wherein the frame (14) comprises a first frame portion (16A) and a second frame portion (16B), wherein sidewalls (12) at the first and second frame portions (16A, B) are spaced apart along the lateral axis, wherein the lateral spacing is less than approximately 19 inches (Fig. 26, X = 16.17 inches; C19 L27-35).
10. The rack assembly of claim 1, wherein the sidewall (12) comprises a release tab (72) configured to selectively affix the telecommunications module (20) to the rail (68) (C7 L65 – C8 L22).
11. The rack assembly of claim 10, wherein the release tab (72) is positioned at the rail (68) (Fig. 8).
12. The rack assembly of claim 10, wherein the release tab (72) is positioned at an inside face of the sidewall (12) (Fig. 8).
13. A fiber optic assembly (10, Figs. 1-13, 26), the fiber optic assembly comprising:
a fiber optic cassette (20, 22) comprising an upper panel wall (tops of 22s, 32s), a lower panel wall (bottom of 22s, 32s), and a panel sidewall (56s) extending between the upper panel wall and the lower panel wall (see Fig. 3), wherein the fiber optic cassette (20, 22) is configured to receive a plurality of fiber optic cables (C5 L59 – C6 L6), the fiber optic cassette (20, 22) comprising a mount (56);
a frame (14) extending along a vertical axis; and
a pair of sidewalls (12) attachable to the frame (14) and spaced apart from one another along a lateral axis (see Fig. 1), wherein the sidewalls (12) extend along a longitudinal axis perpendicular to the lateral axis (see Fig. 1), the sidewalls (12) comprising a plurality of rails (68) in adjacent arrangement along the vertical axis and extending along the longitudinal axis (see Fig. 7), wherein the plurality of rails (68) is spaced apart along the vertical axis by less than one rack unit (3 rows within a 1-RU size = 1/3 RU per row; C4 L64 – C5 L14, C7 L41-64), and wherein the mount (56) at the fiber optic cassette (20, 22) is configured to attach directly to the rail (68) (C7 L41-64).
14. The fiber optic assembly of claim 13, wherein the mount (56) forms a slot (open areas around 76, 81, see Figs. 9A-b) configured to slide the fiber optic cassette (20, 22) onto the rail (68) at the sidewall (12).
15. The fiber optic assembly of claim 13, wherein the rails (68) are configured to receive the mount (56) at the fiber optic cassette (20, 22, the mount is at the cassette – see Fig. 6).
16. The fiber optic assembly of claim 13, wherein the plurality of rails (68) are evenly spaced from one another along the vertical axis within one rack unit and are spaced part along the vertical axis by at least one-third rack unit (Fig. 8, C7 L41-64, 3 rows within a 1-RU size = 1/3 RU per row; C4 L64 – C5 L14, C7 L41-64).
17. The fiber optic assembly of claim 13, the rack assembly (12, 14, 20) comprising a plurality of pairs of sidewalls (12) attachable to the frame (14) in adjacent arrangement along the vertical axis (Figs. 1, 7).
18. The fiber optic assembly of claim 17, wherein the sidewall (12) is approximately one rack unit in dimension along the vertical axis (C5 L47-58).
19. The fiber optic assembly of claim 13, wherein the sidewall (12) comprises a release tab (72) configured to selectively affix the telecommunications module (20) to the rail (68) (C7 L65 – C8 L22).
20. The fiber optic assembly of claim 13, wherein the fiber optic cassette (20, 22) substantially corresponds in height to the spacing of the rails (68) at the sidewalls (12) (Fig. 7).
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 RYAN A LEPISTO whose telephone number is (571)272-1946. The examiner can normally be reached 9AM-6PM EST M-F.
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/RYAN A LEPISTO/
Primary Examiner, Art Unit 2874
