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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/17/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner has considered the information disclosure statement.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 10-15, & 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Behrens et al. (US Patent Application Publication # 2005/0083649).
Regarding Claim 1, Behrens discloses an apparatus comprising:
a protective cover (i.e. protective enclosure 10) for installation on a face of a network device (i.e. electronic device 12 such as a PC, a server, a client, a terminal, a mainframe, a PDA, and a laptop) comprising a plurality of ports (i.e. I/O connector 32) coupled to a plurality of cables (i.e. cable 33), the protective cover comprising:
a filter material (i.e. filter assembly 14 w/ filtration layer 20) defining a first opening (i.e. outermost end of I/O closable inlet opening 30 w/ flap portions 34) at a first end for engagement with the plurality of cables coupled to the network device and a second opening (i.e. innermost end of I/O closable inlet opening 30 w/ flap portions 34) for positioning adjacent to the face of the network device, wherein a size of the first opening is adjustable to engage with the plurality of cables (i.e. flap portions 34 are flexible and can conform generally to the outer surface of an I/O connector and cable in order to seal and prevent particle infiltration) (Fig. 1-3; Abstract; Paragraphs 0024-0026, 0030).
Regarding Claim 2, Behrens discloses that the protective cover comprises a sealable opening extending between the first opening and the second opening (Fig. 3; Paragraph 0030). Flap portions 34 are flexible and can conform generally to the outer surface of an I/O connector and cable in order to seal and prevent particle infiltration. Hook and loop fastener segments 36a, 36b are formed on opposing surfaces of the flap portions 34 to allow them to mate in a known manner to create the closed condition for assisting in sealing the protective enclosure.
Regarding Claim 3, Behrens discloses that the protective cover comprises a side opening (i.e. side of flap portions 34 as shown in Fig. 3) for cables exiting towards a side of the network device (Fig. 3; Paragraph 0030).
Regarding Claim 4, Behrens discloses that the first opening comprises a drawstring (i.e. hook and loop fastener segments 36a, 36b) for tightening the first opening for engagement with the plurality of cables (Fig. 3; Paragraph 0030).
Regarding Claim 5, Behrens discloses that the filter material is arranged in an open volumetric shape (Fig. 1-3; Paragraphs 0011, 0025, 0030).
Regarding Claim 10, Behrens discloses a dust barrier (i.e. filtration layer 20 w/ hook and loop fastener segments 36a, 36b) located at the first opening to create a barrier between the protective cover and the plurality of cables (Fig. 1 & 3; Paragraph 0026, 0030).
Regarding Claim 11, Behrens discloses that the dust barrier (i.e. filtration layer 20 w/ hook and loop fastener segments 36a, 36b) includes a flexible strip (i.e. flap portions 34) attached to an inner edge of the protective cover with thin flexible fingers (i.e. hook and loop fastener segments 36a, 36b & polymer/cellulose/glass fibers) to filter out contaminants (Fig. 1 & 3; Paragraph 0026, 0030). Flap portions 34 are flexible and hook and loop fastener segments 36a, 36b on the inner surface/edge must be flexible as well as shown in Fig. 3.
Regarding Claim 12, Behrens discloses a protective cover (i.e. protective enclosure 10) comprising:
a filter material (i.e. filter assembly 14 w/ filtration layer 20) with a first opening (i.e. outermost end of I/O closable inlet opening 30 w/ flap portions 34) for sealing against one or more cables (i.e. cable 33)coupled to a network device (i.e. electronic device 12 such as a PC, a server, a client, a terminal, a mainframe, a PDA, and a laptop) and a second opening (i.e. innermost end of I/O closable inlet opening 30 w/ flap portions 34) for positioning adjacent to a face of the network device; and
a device for sealing the first opening against the one or more cables (Fig. 1-3; Abstract; Paragraphs 0024-0026, 0030). Flap portions 34 are flexible and can conform generally to the outer surface of an I/O connector and cable in order to seal and prevent particle infiltration. Hook and loop fastener segments 36a, 36b are formed on opposing surfaces of the flap portions 34 to allow them to mate in a known manner to create the closed condition for assisting in sealing the protective enclosure.
Regarding Claim 13, Behrens discloses a sealable opening extending between the first opening and the second opening for installation and removal of the protective cover when the one or more cables are coupled to the network device (Fig. 3; Paragraph 0030). Flap portions 34 are flexible and can conform generally to the outer surface of an I/O connector and cable in order to seal and prevent particle infiltration. Hook and loop fastener segments 36a, 36b are formed on opposing surfaces of the flap portions 34 to allow them to mate in a known manner to create the closed condition for assisting in sealing the protective enclosure.
Regarding Claim 14, Behrens discloses a side opening (i.e. side of flap portions 34 as shown in Fig. 3) to allow the one or more cables to exit a side of the network device (Fig. 3; Paragraph 0030).
Regarding Claim 15, Behrens discloses that the device includes a drawstring (i.e. hook and loop fastener segments 36a, 36b) for tightening the first opening against the one or more cables (Fig. 3; Paragraph 0030).
Regarding Claim 19, Behrens discloses a dust barrier (i.e. filtration layer 20 w/ hook and loop fastener segments 36a, 36b) adjacent the first opening, the dust barrier including a flexible strip (i.e. flap portions 34) attached to an inner edge of the protective cover with thin flexible fingers (i.e. hook and loop fastener segments 36a, 36b & polymer/cellulose/glass fibers) to filter out contaminants (Fig. 1 & 3; Paragraph 0026, 0030). Flap portions 34 are flexible and hook and loop fastener segments 36a, 36b on the inner surface/edge must be flexible as well as shown in Fig. 3.
Claim Rejections - 35 USC § 103
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 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 6-9, 16-18, & 20 are rejected under 35 U.S.C. 103 as being unpatentable over Behrens et al. (US Patent Application Publication # 2005/0083649) in view of Beall et al. (US Patent # 9,883,610).
Regarding Claim 6, Behrens does not explicitly disclose that the protective cover comprises a sensor interface operable to indicate to a sensor located on the network device when the protective cover has been installed or removed.
Beall teaches that the protective cover (i.e. door filter assembly 114 w/ door filter casing 116 & frame 118 w/ air filter 120) comprises a sensor interface (i.e. first feature 314) operable to indicate to a sensor (i.e. second feature 316) located on the network device (i.e. electronic device 102) when the protective cover has been installed or removed (Fig. 1, 3A, 3B, 10B; Column 3, lines 12-23, 46-67; Column 4, line 59- Column 5, line 47; Column 7, line 39-61; claim 15).
Beall teaches that it is well known in the art of protective covers/doors comprising filter assemblies for electronic devices to include a sensor for detecting when said protective cover/door is moved from a first removed/open position to a second installed/closed position which allows an aperture to be covered with an air filter in order to filter the air flowing into the electronic device by activating or deactivating an air movement mechanism 310 such as a fan. It would have been obvious to one skilled in the art to use such a sensor interface with the protective cover of Behrens, as taught by Beall, in order to detect when said protective cover is installed or removed and activate or deactivate an air movement mechanism such as a fan.
Regarding Claim 7, Behrens does not explicitly disclose that when the protective cover is installed on the face of the network device, the network device operates in a protection mode.
Beall teaches that when the protective cover (i.e. door filter assembly 114 w/ door filter casing 116 & frame 118 w/ air filter 120) is installed on the face of the network device (i.e. electronic device 102), the network device operates in a protection mode (i.e. activating air movement mechanism 310 such as a fan) (Fig. 1, 3A, 3B, 10B; Column 3, lines 12-23, 46-67; Column 4, line 59- Column 5, line 47; Column 7, line 39-61; claim 15).
Beall teaches that it is well known in the art of protective covers/doors comprising filter assemblies for electronic devices to include a sensor for detecting when said protective cover/door is moved from a first removed/open position to a second installed/closed position which allows an aperture to be covered with an air filter in order to filter the air flowing into the electronic device by activating or deactivating an air movement mechanism 310 such as a fan which corresponds with a “protection mode”. It would have been obvious to one skilled in the art to use such a sensor interface with the protective cover of Behrens, as taught by Beall, in order to detect when said protective cover is installed or removed and activate or deactivate an air movement mechanism such as a fan, effectively a “protection mode”.
Regarding Claim 8, Behrens in view of Beall discloses that a fan speed (i.e. activating air movement mechanism 310 such as a fan), processing functions, and power (i.e. operation of display 106 may be subject or conditioned upon the security door being in the stowed position and/or the door filter casing being in the second position) are reduced at the network device when the network device is operating in the protection mode (Beall: Fig. 3B, 10B; Column 3, lines 12-23, 46-67; Column 5, line 6-29; Column 7, line 39-61; Column 9, line 10-29).
Regarding Claim 9, Behrens does not explicitly disclose an air inlet cover for mounting on an air inlet side of the network device.
Beall teaches an air inlet cover (i.e. door filter case 116) for mounting on an air inlet side of the network device (Fig. 3A, 3B; Column 3, lines 12-23, 46-67; Column 4, line 12- Column 5, line 47).
Beall teaches that it is well known in the art to include an air inlet cover or door filter case on a side of an electronic device as shown particularly in Fig. 3B. It would have been obvious to one skilled in the art to include an air inlet cover mounted on the air inlet side of the network/electronic device in Behrens, as taught by Beall, in order to remove and prevent particulates, dirt, and/or other unwanted substances from entering the electronic device.
Regarding Claim 16, Behrens does not explicitly disclose a sensor interface operable to indicate to a sensor located on the network device when the protective cover has been installed or removed.
Beall teaches a sensor interface (i.e. first feature 314) operable to indicate to a sensor (i.e. second feature 316) located on the network device (i.e. electronic device 102) when the protective cover (i.e. door filter assembly 114 w/ door filter casing 116 & frame 118 w/ air filter 120) has been installed or removed (Fig. 1, 3A, 3B, 10B; Column 3, lines 12-23, 46-67; Column 4, line 59- Column 5, line 47; Column 7, line 39-61; claim 15).
Beall teaches that it is well known in the art of protective covers/doors comprising filter assemblies for electronic devices to include a sensor for detecting when said protective cover/door is moved from a first removed/open position to a second installed/closed position which allows an aperture to be covered with an air filter in order to filter the air flowing into the electronic device by activating or deactivating an air movement mechanism 310 such as a fan. It would have been obvious to one skilled in the art to use such a sensor interface with the protective cover of Behrens, as taught by Beall, in order to detect when said protective cover is installed or removed and activate or deactivate an air movement mechanism such as a fan.
Regarding Claim 17, Behrens does not explicitly disclose that installation of the protective cover causes the network device to operate in a protection mode with reduced airflow.
Beall teaches that that installation of the protective cover (i.e. door filter assembly 114 w/ door filter casing 116 & frame 118 w/ air filter 120) causes the network device (i.e. electronic device 102) to operate in a protection mode (i.e. activating or deactivating air movement mechanism 310 such as a fan) with reduced airflow (Fig. 1, 3A, 3B, 10B; Column 3, lines 12-23, 46-67; Column 4, line 59- Column 5, line 47; Column 7, line 39-61; claim 15).
Beall teaches that it is well known in the art of protective covers/doors comprising filter assemblies for electronic devices to include a sensor for detecting when said protective cover/door is moved from a first removed/open position to a second installed/closed position which allows an aperture to be covered with an air filter in order to filter the air flowing into the electronic device by activating or deactivating an air movement mechanism 310 such as a fan which corresponds with a “protection mode”. It would have been obvious to one skilled in the art to use such a sensor interface with the protective cover of Behrens, as taught by Beall, in order to detect when said protective cover is installed or removed and activate or deactivate an air movement mechanism such as a fan, effectively a “protection mode”.
Regarding Claim 18, Behrens in view of Beall discloses that the network device is operating in the protection mode, a fan speed (i.e. activating air movement mechanism 310 such as a fan, processing functions, and power (i.e. operation of display 106 may be subject or conditioned upon the security door being in the stowed position and/or the door filter casing being in the second position) are reduced at the network device (Beall: Fig. 3B, 10B; Column 3, lines 12-23, 46-67; Column 5, line 6-29; Column 7, line 39-61; Column 9, line 10-29).
Regarding Claim 20, Behrens does not explicitly disclose an air inlet cover for mounting on an air inlet side of the network device.
Beall teaches an air inlet cover (i.e. door filter case 116) for mounting on an air inlet side of the network device (Fig. 3A, 3B; Column 3, lines 12-23, 46-67; Column 4, line 12- Column 5, line 47).
Beall teaches that it is well known in the art to include an air inlet cover or door filter case on a side of an electronic device as shown particularly in Fig. 3B. It would have been obvious to one skilled in the art to include an air inlet cover mounted on the air inlet side of the network/electronic device in Behrens, as taught by Beall, in order to remove and prevent particulates, dirt, and/or other unwanted substances from entering the electronic device.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-4, 6-9, 12-17, & 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 & 6-15 of allowed Application No. 16/424,679 (US Patent No. 10,629,329). Although the claims at issue are not identical, they are not patentably distinct from each other and all of the claimed limitations are either claimed or inherently disclosed based on the claimed structure and therefore do not patentable distinguish from the above stated patent.
18/775,239 (Claims 1-4, 6-9, 12-17, & 19)
17/977,138 (US Patent No. 12,099,340) (claims 1-4 & 6-15)
1. An apparatus comprising: a protective cover for installation on a face of a network device comprising a plurality of ports coupled to a plurality of cables, the protective cover comprising: a filter material defining a first opening at a first end for engagement with the plurality of cables coupled to the network device and a second opening for positioning adjacent to the face of the network device, wherein a size of the first opening is adjustable to engage with the plurality of cables.
7. The apparatus of claim 1, wherein, when the protective cover is installed on the face of the network device, the network device operates in a protection mode.
2. The apparatus of claim 1, wherein the protective cover comprises a sealable opening extending between the first opening and the second opening.
3. The apparatus of claim 1, wherein the protective cover comprises a side opening for cables exiting towards a side of the network device.
4. The apparatus of claim 1, wherein the first opening comprises a drawstring for tightening the first opening for engagement with the plurality of cables.
6. The apparatus of claim 1, wherein the protective cover comprises a sensor interface operable to indicate to a sensor located on the network device when the protective cover has been installed or removed.
8. The apparatus of claim 7, wherein a fan speed, processing functions, and power are reduced at the network device when the network device is operating in the protection mode.
9. The apparatus of claim 1, further comprising an air inlet cover for mounting on an air inlet side of the network device.
12. A protective cover comprising: a filter material with a first opening for sealing against one or more cables coupled to a network device and a second opening for positioning adjacent to a face of the network device; and a device for sealing the first opening against the one or more cables.
13. The protective cover of claim 12, further comprising: a sealable opening extending between the first opening and the second opening for installation and removal of the protective cover when the one or more cables are coupled to the network device.
14. The protective cover of claim 12, further comprising: a side opening to allow the one or more cables to exit a side of the network device.
15. The protective cover of claim 12, wherein the device includes a drawstring for tightening the first opening against the one or more cables.
16. The protective cover of claim 12, further comprising: a sensor interface operable to indicate to a sensor located on the network device when the protective cover has been installed or removed.
17. The protective cover of claim 12, wherein installation of the protective cover causes the network device to operate in a protection mode with reduced airflow.
19. The protective cover of claim 12, further comprising: a dust barrier adjacent the first opening, the dust barrier including a flexible strip attached to an inner edge of the protective cover with thin flexible fingers to filter out contaminants.
1. An apparatus comprising: a removable protective cover for installation on a face of a network device comprising a plurality of ports coupled to a plurality of cables, the protective cover comprising: a filter material arranged in a tubular shape defining a first opening at a first end for engagement with the plurality of cables coupled to the network device and a second opening for positioning adjacent to the face of the network device, wherein a size of the first opening is adjustable to engage with the plurality of cables; wherein the protective cover filters airflow entering the face of the network device during a period of increased environmental contamination with the network device operating in a protection mode with reduced airflow.
2. The apparatus of claim 1, wherein the protective cover comprises a sealable opening extending between said first and second openings for installation and removal of the protective cover with the plurality of cables coupled to the network device.
3. The apparatus of claim 1, wherein the protective cover comprises a side opening for cables exiting towards a side of the network device.
4. The apparatus of claim 1, wherein said first opening comprises a drawstring for tightening the first opening for engagement with the plurality of cables.
6. The apparatus of claim 1, wherein the protective cover comprises a sensor interface operable to indicate to a sensor located on the network device installation or removal of the protective cover.
9. A protective cover comprising: a filter material arranged in a tubular shape with a first opening for sealing against one or more cables coupled to a network device and a second opening for positioning adjacent to a face of the network device, wherein a size of the first opening is adjustable to engage with the one or more cables; and a device for sealing the first opening against the one or more cables.
10. The protective cover of claim 9, further comprising: a sealable opening extending between the first opening and the second opening for installation and removal of the protective cover when the one or more cables are coupled to the network device.
11. The protective cover of claim 9, further comprising: a side opening to allow the one or more cables to exit a side of the network device.
12.The protective cover of claim 9, wherein the device includes a drawstring for tightening the first opening against the one or more cables.
13. The protective cover of claim 9, further comprising: a sensor interface operable to indicate to a sensor located on the network device installation or removal of the protective cover.
14. The protective cover of claim 9, wherein installation of the protective cover causes the network device to operate in a protection mode with reduced airflow.
15. The protective cover of claim 9, further comprising: a dust barrier adjacent the first opening, the dust barrier including a flexible strip attached to an inner edge of the protective cover with thin flexible fingers to filter out contaminants.
Relevant Cited Art
The cited art in PTO-892 was found during the examiner's search, but was not relied upon for this office action. However, it is still considered pertinent to the applicant's disclosure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RHADAMES J ALONZO MILLER whose telephone number is (571)270-7829. The examiner can normally be reached Mon-Fri 10am-6pm PST.
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/RJA/Examiner, Art Unit 2847
/TIMOTHY J THOMPSON/Supervisory Patent Examiner, Art Unit 2847
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