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 .
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.
Claim Status
This action is in response to application filed on October 25, 2024. Claims 1-2 are pending for examination.
Information Disclosure Statement
IDS filed on 10/25/2024 has been considered.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites “capable of” in line 15. It has been held that the recitation that an element is “capable of” performing a function is not a positive limitation but only requires the ability to so perform. It does not constitute a limitation in any patentable sense. Examiner suggest to amend “capable of” as “configured to”. Appropriate correction is required.
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined 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/patent/patents-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 www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-2 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 21 of U.S. Patent No. 12,133,031 (reference application) respectively. Claims 1-2 are generally broader than the respective claims 1 and 21 in U.S. Patent No. 12,133,031. Broader claims in a later application constitute obvious double patenting of narrow claims in an issued patent. See In re Van Ornum and Stang, 214, USPQ 761, 766, and 767 (CCPA) (the court sustained an obvious double patenting rejection of generic claims in a continuation application over narrower species claims in an issued patent); In re Vogel, 164 USPQ 619, 622, and 623 (CCPA 1970) (generic application claim specifying "meat" is obvious double patenting of narrow patent claim specifying "pork").
Reference application claim 1 corresponds to instant claim 1, and
reference application claim 21 corresponds to instant claim 2.
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 1-2 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.
Claim 1 recites “the plurality of signal lines” in line 12 without proper antecedent basis in the claims.
Claim 2 recites “the second line” in line 12 without proper antecedent basis in the claims.
Claim 2 recites “(a) injecting a signal into a first end portion of a signal line extending from the first end portion being disposed at a first location associated with the subset of one or more of the remote ports or the subset of one or more central ports to a second end portion of the signal line being disposed at a second location associated with the other of the set of remote ports or the set of central ports, the signal line being separate from the lines connecting the subset of central ports with the subset of remote ports”. It appears that the first and second ends of the signal line are extending between the remote ports and the central ports. However, it also recites the signal line is separate from the lines connecting the remote ports and the central ports. It is unclear how the signal line connecting the remote and central ports are separate for the lines connecting the central and remote ports. These two limitations seem to be contradictory to each other.
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.
Claims 1 and 21 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by US 2012/0187961 A1 to HASHIM et al. (hereinafter Hashim).
Regarding Claim 1, Hashim discloses a distribution system for distributing electrical or fluid communications from a central location to a number of remote locations (para [0059] -methods and systems (and related connectors and equipment) for tracking connectivity in a communications system are provided), the distribution system comprising:
a plurality of central ports (para [0069] -Patch cords 142 are used to interconnect connector ports 111-114 on the first patch panel 110 with connector ports 121-124 on the second patch panel 120);
a plurality of remote ports remote from and spaced away from the plurality of central ports (para [0069] -The back ends of the connector ports 111-114 on the first patch panel 110 are connected to the wall jacks 140 by respective horizontal cables 144);
each central port being connected to a respective remote port by a line for electrical or fluid communication between the central port and the remote port through the line (para [0069] -The back ends of the connector ports 111-114 on the first patch panel 110 are connected to the wall jacks 140 by respective horizontal cables 144 );
the plurality of central ports defining a plurality of sets of central ports, each set of central ports comprising at least one central port, the plurality of remote ports defining a plurality of sets of remote ports, each set of central ports being connected to a respective set of remote ports (para [0069] -The back ends of the connector ports 111-114 on the first patch panel 110 are connected to the wall jacks 140 by respective horizontal cables 144; para [0093] -FIGS. 4A-4B illustrate a patch panel 200 that may be used, for example, as one of the patch panels 32, 32 of FIG. 2 or as one of the patch panels 110, 120 of FIG. 3; Note: Figs 2, 3, 4A show the central ports being provided as sets for connecting to remote sets of ports);
an identification system comprising a plurality of signal paths and a plurality of output devices, the plurality of signal lines being separate from the lines connecting the central ports and the remote ports (para [0070] -As shown in FIG. 3, a phantom mode transmitter 115, a processor 116 and a phantom mode receiver 117 are provided on the first patch panel 110 ... the phantom mode transmitters 115, 125 and phantom mode receivers 117, 127 may be used to send/receive signals from each of the connector ports and Par 13, phantom mode signals are differential signals that are comprised of two oppositely polarized common mode components);
each signal path being connected to a respective output device, each signal path being capable of having a signal injected into the signal path, the output device connected to the signal path being configured to generate a visual, auditory, or tactile output signal when a signal is injected into the signal path (para [0071] -the work area end device 150 may (optionally) include a phantom mode transmitter 152, a processor 154 and/or a phantom mode receiver 156; para [0090] -It will be appreciated that once a phantom mode control signal is injected onto one or more of the differential pairs of a particular channel, that phantom mode control signal may propagate all the way from one end of the channel to the other end and para [0093-0094], The trace buttons 240 and LEDs 250 may be electrically connected to a microprocessor 280 (see FIG. 4B), and may be used, for example, to perform line tracing functions and para [0099], the microprocessor 280 may include control lines that are used to send and receive control and/or power signals to the trace buttons 240 and/or the LEDs 250. Individual control lines may be provided for each trace button/LED, and or common control lines may be provided that are selectively routed through a multiplexer or switching circuit);
each signal path being associated with a respective set of central ports and the set of remote ports connected to the respective set of central ports (para [0070] -As shown in FIG. 3, a phantom mode transmitter 115, a processor 116 and a phantom mode receiver 117 are provided on the first patch panel 110);
each signal path comprising a first end portion and an opposite second end portion, the first end portion being disposed at a first location associated with either the set of central ports or the set of remote ports associated with the signal line, the second end portion being disposed at a second location associated with the other of the set of central port or the set of remote ports associated with the signal line, the first end portion comprising a signal receiver being configured to inject a signal into the signal path, the output device connected to the signal line being disposed at the second location whereby injecting a signal into the signal line at the first location actuates the output device at the second location to identify the set of central or remote ports associated with the signal line at the second location (para [0059]- Pursuant to embodiments of the present invention, methods and systems (and related connectors and equipment) for tracking connectivity in a communications system are provided that use phantom mode control signals. These methods and systems may be used to track patching connections between two patch panel fields (i.e., in cross-connect patching systems) or between a patch panel field and a plurality of network switches; para [0071] -the work area end device 150 may (optionally) include a phantom mode transmitter 152, a processor 154 and/or a phantom mode receiver 156; para [0090] -It will be appreciated that once a phantom mode control signal is injected onto one or more of the differential pairs of a particular channel, that phantom mode control signal may propagate all the way from one end of the channel to the other end).
Regarding Claim 2, Hashim discloses a method for identifying a subset of one or more central or remote ports connected to a subset of one or more remote or central ports in a distribution system having a plurality of central ports connected to a plurality of remote ports by respective lines extending from the central ports to the remote ports (para [0059] -methods and systems (and related connectors and equipment; para [0069] -The back ends of the connector ports 111-114 .on the first patch panel 110 are connected to the wall jacks 140 by respective horizontal cables 144), the method comprising the steps of:
(a) injecting a signal into a first end portion of a signal line extending from the first end portion being disposed at a first location associated with the subset of one or more of the remote ports or the subset of one or more central ports to a second end portion of the signal line being disposed at a second location associated with the other of the set of remote ports or the set of central ports, the signal line being separate from the lines connecting the subset of central ports with the subset of remote ports (para [0071] -the work area end device 150 may (optionally) include a phantom mode transmitter 152, a processor 154 and/or a phantom mode receiver 156; para [0090) -It will be appreciated that once a phantom mode control signal is injected onto one or more of the differential pairs of a particular channel, that phantom mode control signal may propagate all the way from one end of the channel to the other end and Par 13, phantom mode signals are differential signals that are comprised of two oppositely polarized common mode components);
(b) actuating an output device located at the second location while a signal is being injected into the second line , the output device being configured to generate a visual, auditory, or tactile output signal while the signal is injected into the signal path whereby the output device identifies the subset of ports at the second location (para [0020] -methods of detecting insertion of a plug into a plug aperture of a communications jack are provided in which a plug insertion detection signal is transmitted to a plug insertion detection circuit that includes a switch that selectively opens and closes the plug insertion detection circuit; para [003-0094] - Trace buttons 240 and light emitting diodes ("LED") 250 may be mounted on the printed circuit board 230 adjacent each of the connector ports 220 and see also para 99).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nay Tun whose telephone number is (571)270-7939. The examiner can normally be reached on Mon-Thurs from 9:00-5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner's Supervisor, Steven Lim can be reached on (571) 270-1210. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/Nay Tun/Primary Examiner, Art Unit 2688