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 § 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 21-35 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 pre-AIA the applicant regards as the invention.
Claims 21 and 35 recites the limitation " wherein at least first and second frame members of the frame structure, selected from a group that includes the pair of front vertical frame members, the plurality of front horizontal frame members, the pair of rear vertical frame members, the plurality of rear horizontal frame members, and the plurality of side horizontal frame members, are aligned and parallel with one another;”
It is unclear what Applicant is seeking to claim as the “at least first and second frame members of the frame structure.” If Applicant is seeking to claim a Markush group, see MPEP 2117. Appropriate correction or explanation is required.
Claims 22-29 and 31-35 are rejected based on their respective dependencies.
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 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 of this title, 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 21-23, 25-27, and 30-40, as best understood, are rejected under 35 U.S.C 103(a) as being unpatentable over US 20060103270 (“Bergesch et al.”) in view of US.:2,616,142 (“TINNERMAN”)
Regarding Claim 21, Bergesch et al. discloses an electronic equipment enclosure comprising:
a frame structure (24) formed from a pair of front vertical frame members (32, 34) connected together by a plurality of front horizontal frame members (28, 30) to define a front frame (12), a pair of front horizontal frame members (44, 46) connected together by a plurality of rear horizontal frame members (40, 42) to define a rear frame (14), and a plurality of side horizontal frame members (48) connecting the front frame to the rear frame; and
a repositionable panel (22) formed of a generally planar sheet portion and including one or more removable panel knockouts (each knock out 140 is covered by panel 148) arranged interiorly of edges of the sheet portion and connected thereto via one or more attachment points (at each side of 148, as seen in Fig. 16A) , the repositionable panel (22) further including an end flange (supporting pin 146, see Fig. 15A) protruding from the sheet portion at or adjacent an end thereof, the end flange (supporting pin 146, see Fig. 15A) including at least one opening therethrough;
wherein at least first and second frame members of the frame structure (24) each include spring pin (146) extending though the frame (at each side, best seen in Fig. 15,) , wherein the least first and second frame members of the frame structure (at the front and back), selected from a group that includes the pair of front vertical frame members (32, 34), the plurality of front horizontal frame members (28, 30), the pair of rear vertical frame members (44, 46), the plurality of rear horizontal frame members (40, 42), and the plurality of side horizontal frame members, are aligned and parallel with one another;
wherein the repositionable panel (22) is securable to the frame structure (24) in either of first or second orientations, whereby, in the first orientation, the at least one opening of the end flange (supporting pin 146) receives the distal portion of the at least one spring pin of the first frame member( as seen in Fig. 15A), and, in the second orientation, the at least one opening of the end flange (supporting pin 146, receives the distal portion of the at least one spring pin of the second frame member as see Fig. 15A).
Bergesch et al. discloses the top panel (22) having a pin (144) on the front end and a spring loaded pin (146, see end flange in Fig. 15A) that extend through apertures in the top front cross member (28) and the top rear rail (40) respectively.
It would have been obvious to one having skill in the art at the time of the invention that the repositionable panel could be mounted on the frame by providing the hole or opening in a flange of the repositionable panel and the spring loaded pin on the cross member of the frame, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art.
Bergesch et al. does not demonstrate wherein each of the first and second frame member has at least one spring pin and the end flange of the repositionable panel including an aperture; and the at least one spring pin including a distal portion sized to be received through the at least one opening of the end flange.
TINNERMAN discloses a flexible fastener (col. 3: lines 15-42) for securing adjacent panels (A, B) one end of the fastener (10) is anchored to panel (B) the deflectable free end (12) extending through aperture (1) in the adjacent panel (A).
It would have been obvious to one having skill in the art at the time of the invention that the top panel could be secured to the front or rear cross member using a flexible fastener, similar to the fastener taught by TINNERMAN, since it is known to substitute one known fastener for another to easily and quickly dismounting the panel without the use of tools (col. 1: lines 31-46). As modified, each of the first and second frame members includes at least one spring pin, which is deflectable by the end flange as the repositionable panel is placed against the frame structure during securement thereto the at least one spring pin including a distal portion sized to be received through the at least one opening of the end flange upon the at least one spring pin returning to an undeflected state as the repositionable panel is seated against the frame structure, thereby securing the top panel.
Regarding Claim 22 , the combination discloses (Bergesch et al.) wherein the repositionable panel (22) further includes an offset edge (144) at an end of the sheet portion opposite that of the end flange (supporting pin 146, see Fig. 15A), the offset edge (144) being receivable beneath an edge of one of the first and second frame members ([0127]) as the repositionable panel (22) is placed against the frame structure (24) during securement thereto.
Regarding Claim 23 , the combination discloses (Bergesch et al.) wherein the end flange (supporting pin 146, see Fig. 15A) includes an angled distal edge for initiating deflection of the at least one spring pin as the repositionable panel (22) is placed against the frame structure (24) during securement thereto.
Regarding Claim 25 , the combination discloses (Bergesch et al.) the repositionable panel (22) is a top panel.
Regarding Claim 26, Bergesch et al. discloses wherein the repositionable panel is a top panel, and also teaches repositionable side panels. The repositionable panel could also be configured as a side panel, mounted to side frame, to provide the side panels with knockouts for passing wires or adding vents, as is well known in the art.
Regarding Claim 27, the combination discloses (TINNERMAN) discloses wherein the at least one spring pin (10) is a cantilevered spring pin (fixed at 11).
Regarding Claim 30, Bergesch et al. discloses an electronic equipment enclosure comprising:
a frame structure (24) formed from a pair of front vertical frame members (32, 34) connected together by a plurality of front horizontal frame members (28, 30) to define a front frame, a pair of front horizontal frame members (44, 46) connected together by a plurality of rear horizontal frame members (40, 42) to define a rear frame, and a plurality of side horizontal frame members connecting the front frame to the rear frame; and
a repositionable panel (22) formed of a generally planar sheet portion and including each of an offset edge (144) arranged at an end of the sheet portion and an end flange (supporting pin 146, see Fig. 15A) protruding from the sheet portion at or adjacent an opposite end of the sheet portion, the end flange (supporting pin 146, see Fig. 15A) including at least one opening therethrough;
wherein at least first and second frame members of the frame structure (24) each include spring pin (146) extending though the frame (at each side, best seen in Fig. 15,) , wherein the least first and second frame members of the frame structure (at the front and back), selected from a group that includes the pair of front vertical frame members (32, 34), the plurality of front horizontal frame members (28, 30), the pair of rear vertical frame members (44, 46), the plurality of rear horizontal frame members (40, 42), and the plurality of side horizontal frame members, are aligned and parallel with one another;
wherein the repositionable panel (22) is securable to the frame structure (24) in either of first or second orientations, whereby, in the first orientation, the at least one opening of the end flange (supporting pin 146, see Fig. 15A) receives the distal portion of the at least one spring pin of the first frame member, and, in the second orientation, the at least one opening of the end flange (supporting pin 146, see Fig. 15A) receives the distal portion of the at least one spring pin of the second frame member.
Bergesch et al. discloses the top panel (22) having a pin (144) on the front end and a spring loaded pin (146, see end flange in Fig. 15A) that extend through apertures in the top front cross member (28) and the top rear rail (40) respectively.
It would have been obvious to one having skill in the art at the time of the invention that the repositionable panel could be mounted on the frame by providing the hole or opening in a flange of the repositionable panel and the spring loaded pin on the cross member of the frame, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art.
Bergesch et al. does not demonstrate the end flange of the top panel including an aperture and the at least one spring pin including a distal portion sized to be received through the at least one opening of the end flange.
TINNERMAN discloses a flexible fastener (col. 3: lines 15-42) for securing adjacent panels (A, B) one end of the fastener (10) is anchored to panel (B) the deflectable free end (12) extending through aperture (1) in the adjacent panel (A).
It would have been obvious to one having skill in the art at the time of the invention that the top panel could be secured to the front or rear cross member using a flexible fastener, similar to the fastener taught by TINNERMAN, since it is known to substitute one known fastener for another to easily and quickly dismounting the panel without the use of tools (col. 1: lines 31-46). As modified, at least one spring pin, which is deflectable by the end flange as the repositionable panel is placed against the frame structure during securement thereto the at least one spring pin including a distal portion sized to be received through the at least one opening of the end flange upon the at least one spring pin returning to an undeflected state as the repositionable panel is seated against the frame structure, thereby securing the top panel.
Regarding Claim 31, the combination discloses (Bergesch et al.) wherein the offset edge (144) is receivable beneath an edge of one of the first and second frame members as the repositionable panel (22) is placed against the frame structure (24) during securement thereto.
Regarding Claim 32, the combination discloses (Bergesch et al.) wherein the end flange (supporting pin 146, see Fig. 15A) includes an angled distal edge for initiating deflection of the at least one spring pin as the repositionable panel (22) is placed against the frame structure (24) during securement thereto.
Regarding Claim 33, the combination discloses (Bergesch et al.) wherein the repositionable panel (22) is a top panel.
Regarding Claim 34, Bergesch et al. discloses wherein the repositionable panel is a top panel, and also teaches repositionable side panels. The repositionable panel could also be configured as a side panel, mounted to side frame, to provide the side panels with knockouts for passing wires or adding vents, as is well known in the art.
Regarding Claim 35, the combination discloses (TINNERMAN) discloses wherein the at least one spring pin (10) is a cantilevered spring pin (fixed at 11).
Regarding Claim 36, Bergesch et al. discloses method of panel installation in an electronic equipment enclosure, the method comprising:
providing a panel formed of a generally planar sheet portion and including each of an offset edge (144) arranged at an end of the sheet portion and an end flange (supporting pin 146, see Fig. 15A) protruding from the sheet portion at or adjacent an opposite end of the sheet portion, the end flange (supporting pin 146, see Fig. 15A) including at least one opening therethrough; and
securing the panel between first and second frame members of a frame structure (24) of the electronic equipment enclosure, wherein the first and second frame members are aligned and parallel with one another and each of the first and second frame members each of the first and second frame members includes at least one spring pin (146) extending though the frame (at each side) received through the at least one opening of the end flange (supporting pin 146, see Fig. 15A), wherein securing the panel includes
positioning the panel relative to the frame structure (24) such that the offset edge (144) is retained against one of either the first or second frame members and the end flange (supporting pin 146, see Fig. 15A) is in abutment with the at least one spring pin of the other of the first and second frame members,
applying a force to the panel such that the end flange (supporting pin 146, see Fig. 15A) deflects the at least one spring pin, and
aligning the at least one opening of the end flange (supporting pin 146, see Fig. 15A) with the distal portion of the deflected spring pin such that the deflected spring pin is permitted to return to an undeflected state and the distal portion is received through the at least one opening;
wherein the panel is securable to the frame structure (24) in either of first or second orientations, whereby, in the first orientation, the at least one opening of the end flange (supporting pin 146, see Fig. 15A) receives the distal portion of the at least one spring pin of the first frame member, and, in the second orientation.
Bergesch et al. discloses the top panel (22) having a pin (144) on the front end and a spring loaded pin (146, see end flange in Fig. 15A) that extend through apertures in the top front cross member (28) and the top rear rail (40) respectively.
It would have been obvious to one having skill in the art at the time of the invention that the repositionable panel could be mounted on the frame by providing the hole or opening in a flange of the repositionable panel and the spring loaded pin on the cross member of the frame, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art.
Bergesch et al. does not demonstrate the end flange of the top panel including an aperture and the at least one spring pin including a distal portion sized to be received through the at least one opening of the end flange.
TINNERMAN discloses a flexible fastener (col. 3: lines 15-42) for securing adjacent panels (A, B) one end of the fastener (10) is anchored to panel (B) the deflectable free end (12) extending through aperture (1) in the adjacent panel (A).
It would have been obvious to one having skill in the art at the time of the invention that the top panel could be secured to the front or rear cross member using a flexible fastener, similar to the fastener taught by TINNERMAN, since it is known to substitute one known fastener for another to easily and quickly dismounting the panel without the use of tools (col. 1: lines 31-46). As modified, at least one spring pin, which is deflectable by the end flange as the repositionable panel is placed against the frame structure during securement thereto the at least one spring pin including a distal portion sized to be received through the at least one opening of the end flange upon the at least one spring pin returning to an undeflected state as the repositionable panel is seated against the frame structure, thereby securing the top panel.
Furthermore, it would have been obvious to one having skill in the art before the effective filing date of the invention that of the invention to assemble the panel to the electronic equipment rack according to method steps set forth above, since the combination discloses the invention of claim 36 such method steps would occur during the ordinary course using the electronic equipment rack, see MPEP 2112.02
Regarding Claim 37, the combination discloses (Bergesch et al.) wherein the end flange (supporting pin 146, see Fig. 15A) includes an angled distal edge that initiates deflection of the at least one spring pin.
Regarding Claim 38, the combination discloses (Bergesch et al.) wherein the panel (22) is secured at a top of the frame structure (24).
Regarding Claim 39, the combination discloses (Bergesch et al.) discloses wherein the repositionable panel is a top panel , and also teaches repositionable side panels. The repositionable panel could also be configured as a side panel, mounted to side frame, to provide the side panels with knockouts for passing wires or adding vents, as is well known in the art.
Regarding Claim 40, the combination discloses (TINNERMAN) discloses wherein the at least one spring pin (10) is a cantilevered spring pin (fixed at 11).
Claim 24 is rejected under 35 U.S.C 103(a) as being unpatentable over Bergesch et al. and TINNERMAN as applied to claim 21 above, and further in view of US Pub No.: 2008/0289873 (“Herring et al.”).
Regarding claim 24, the combination discloses the claimed invention except the panel knockout having a sub-knockout.
Herring et al. shows an electronic enclosure panel for an electronic equipment enclosure (12) comprising: a generally planar sheet (18) composed of a metal based material (stamped sheet metal, [0032-0033]);one or more panel knockouts (30, 32, 34, 36) arranged in the generally planar sheet (18) and each configured to be removable therefrom ([0036-0037]); and one or more panel sub-knockouts or vents (smaller apertures or outlets 60, 66, 62, 68) arranged in each of the one or more panel knockouts (30) and configured to be removable therefrom ([0038)).
It would have been obvious to one having skill in the art at the time of the invention that each panel knockout could be replaced with knockouts have sub knock outs or vent, similar to the knockouts taught by Herring et al., to provide a knockout with a vent and a sub knockout since it would allow air into the enclosure and permit the cords or air to pass through the sub-knockouts. As modified, the repositionable panel further includes one or more removable panel sub-knockouts arranged in at least one of the one or more panel knockouts, each panel sub-knockout being connected to the at least one panel knockout via one or more attachment points.
Alternatively, Claims 26, 34, and 39 are rejected under 35 U.S.C 103(a) as being unpatentable over Bergesch et al. and TINNERMAN as applied to claims 21, 30 and 36 above, and further in view of US 6238029 (“Marzec et al.”).
Regarding Claims 26, 34 and 39 Bergesch et al. discloses wherein the repositionable panel is a top panel, and also teaches repositionable side panels connected to the side frame, but does not teach the side panels having knockouts
Marzec et al. discloses a similar electronic cabinet having repositionable side panels with knockouts. It would have been obvious to one having ordinary skill in the art at the time of the invention to configure the side of the frame with a repositionable panel on the side frame to provide the side panels with knockouts for passing wires or adding vents, as demonstrated by Marzec et al. As modified, the repositionable panel is secured at a side of the frame structure.
Claims 28-29 are rejected under 35 U.S.C 103(a) as being unpatentable over Bergesch et al. and TINNERMAN as applied to claim 21 above, and further in view of U.S. Pub No.: 2009/0151983 (“Sempliner et al.”).
Regarding Claims 28-29, the combination discloses the claimed invention except the split brush assembly seated in place of a removed knockout comprising frame with two separate frame portions
Sempliner et al. demonstrates it is known in the art to provide a split brush assembly (10, [0029]) for passing cables through an opening in the panel, comprising wherein a frame of the split brush assembly includes at least two separate frame portions (11, at each side), each of which is independently attachable to the sheet portion. ([0028]-[0035]).
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify split brush assembly with alignment pins and the flat panel with apertures, similar to the split brush assembly taught by Sempliner et al. so that cables and wires can easily pass though the cabinet, via a flame retardant material. As wherein a removed one of the panel knockouts is replaced with a split brush assembly; wherein a frame of the split brush assembly includes at least two separate frame portions, each of which is independently attachable to the sheet portion.
Response to Arguments
Applicant’s arguments with respect to claims 21-40 have been considered but are not persuasive. Applicant argues the prior art does not teach the claimed invention. Specifically, 1. neither Bergesch nor Tinnerman teaches or suggests that "each of first and second frame members [of the frame structure] includes at least one spring pin, 2. "an end flange protruding from the sheet portion [that] include[es] at least one opening therethrough;" and 3. No articulated reason for the combination as recited in each of Claims 21, 30, and 36.
Examiner respectfully disagrees, in response to applicant’s argument that there is no articulated reason for combining the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art.
Here, as demonstrated above, Bergesch teaches it is known in the art to secure a panel to the frame of an electronic cabinet. The loaded spring fastener taught in Bergesch is positioned on the flange of the panel and an opening in provided on the frame members. Thus, the primary difference is the claimed invention utilizes a spring clip, the spring clip has a deflecting end and is arranged on the frame members, and an opening is provided on the flange of the panel.
It would have been obvious to one having skill in the art at the time of the invention that the repositionable panel could be mounting the fastener on the frame and providing the hole in a flange of the repositionable panel, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. Furthermore, it is within the skill and knowledge of one having skill in the art to use alternate fastener that serves the same function., similar to the spring clip taught Tinnerman, for the reason stated above. Thus the rejections of claims 21-40 are maintained as presented above.
Conclusion
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLEY S WRIGHT whose telephone number is (571)270-3328. The examiner can normally be reached on M-F 11:30-5:30.
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, Daniel Troy can be reached on 5712703742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIMBERLEY S WRIGHT/Primary Examiner, Art Unit 3637
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