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 .
DETAILED ACTION
This correspondence is in response to Applicant’s Reply filed on May 6, 2026. Claims 9-11 remain withdrawn, Claims 13-14 and 20 are canceled, and Claims 1-8, 12 and 15-19 are pending. THIS ACTION HAS BEEN MADE FINAL.
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.
(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.
Claim(s) 1, 2 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent App. No. 2023/0029230 to Chen et al. (Chen 230).
PNG
media_image1.png
497
628
media_image1.png
Greyscale
PNG
media_image2.png
428
663
media_image2.png
Greyscale
Regarding Claim 1: Chen 230 discloses a rack mounting kit comprising: a frame (See Annotated Fig. A) comprising a mounting feature (See Annotated Fig. A); and a handle (See Annotated Fig. A) movably mounted on the frame and comprising a positioning feature (See Annotated Fig. A); wherein when the handle is in a locking state (See generally Figure 1 of Chen 230), both of the positioning feature (See Annotated Fig. A) of the handle and the mounting feature (See Annotated Fig. A) of the frame face toward a mounting direction (note that the mounting direction is interpreted as the direction through the through hole 28); wherein when the handle moves from the locking state to an unlocking state (See generally Figure 2 of Chen 230), the positioning feature (See Annotated Fig. A) of the handle faces toward an operating direction (note that the positioning features of the handle extend in a direction that is not exactly coaxial with the through hole (28) (i.e. different because positioning features are partially pivoted away about the first end of the handle) different from the mounting direction for allowing the handle to be held by a user; wherein the mounting feature (See Annotated Fig. A) of the frame and the positioning feature (See Annotated Fig. A) of the handle are configured to pass through a first mounting portion (See Annotated Fig. B) and a second mounting portion (See Annotated Fig. B) of a rack when the handle is in the locking state (See Annotated Fig. B).
Regarding Claim 2: Chen 230 discloses a rack mounting kit of claim 1, wherein the handle comprises: a first end (See Annotated Fig. A) pivotally mounted on the frame; a second end (See Annotated Fig. A); and a holding portion (See Annotated Fig. A) located between the first end and the second end.
Regarding Claim 8: Chen discloses a rack mounting kit of claim 2, wherein the positioning feature (See Annotated Fig. A) of the handle is located adjacent to the first end (See Annotated Fig. A) of the handle.
Response to Amendment
Applicant’s arguments with respect to claim(s) 1, 2 and 8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Allowable Subject Matter
Claims 12 and 15-19 are allowed.
Claims 3-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Reasons for Allowable Subject Matter
None of the cited prior art, considered alone or in combination, discloses or teaches:
a rack mounting kit of claim 3, wherein one of the resilient member and the second end of the handle comprises a guiding feature, and when the handle moves from the unlocking state to the locking state, the second end of the handle and the resilient member abut against each other by the guiding feature, so as to guide the second retaining portion of the handle to engage with the first retaining portion of the resilient member for retaining the handle in the locking state; or
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In addition to the references used in this rejection and those cited in the PTO-892, the following references are very relevant to the claimed invention: US 10383248, 6773080.
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 ERET C MCNICHOLS whose telephone number is (571)270-7363. The examiner can normally be reached Monday - Friday: 9:00 - 5:00 (Eastern).
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, Terrell McKinnon can be reached at 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
ERET C. MCNICHOLS
Primary Examiner
Art Unit 3632
/ERET C MCNICHOLS/Primary Examiner, Art Unit 3632
Prosecution Insights