DETAILED ACTION
Claims 1-20 are pending.
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 Objections
Claim objected to because of the following informalities:
In claim 4, line 1, “wherein second structural member” should be changed to --wherein the second structural member--.
In claim 5, line 1, “wherein second structural member” should be changed to --wherein the second structural member--.
In claim 6, line 2, “each of the connecting member” should be changed to --the connecting member-- because there’s only one connecting member 40 and “each of” suggests a plurality.
In claim 10, line 5, “and” should be deleted before “the first latch”.
In claim 10, line 9, “and” should be deleted before “the second latch”.
In claim 14, line 1, “wherein second structural member” should be changed to --wherein the second structural member--.
In claim 15, line 1, “wherein second structural member” should be changed to --wherein the second structural member--.
In claim 16, line 2, “each of the connecting member” should be changed to --the connecting member-- because there’s only one connecting member 40 and “each of” suggests a plurality.
In claim 20, line 4, “and” should be deleted before “the first latch”.
In claim 20, line 9, “and” should be deleted before “the second latch”.
Appropriate correction is required.
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 6-20 are rejected (wherein claims 7-10, 12-15, and 17-20 inherit their rejections due to their dependencies) 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 6, lines 4-5, it appears inconsistent with the rest of the disclosure that “one of the two second latching portions [43] and the second receiving portion [41] cooperatively form the third slot [416].” As understood, the third slot 416 is formed by two fourth side plates 414 and a third bottom plate 412, like claim 2 describes the formation of the first receiving portion 11 by three similar plates 112, 114.
In claim 6, lines 8-9, it appears inconsistent with the rest of the disclosure that “one of the two second latching portions [43] are configured to accommodate in the first through slot [116].” As understood, the second latching portions 43 are accommodated in the first receiving groove 137.
Claim 6 recites the limitation "the second receiving groove" in lines 11-12. There is insufficient antecedent basis for this limitation in the claim. As understood, the recitation refers to at least one of the second receiving grooves 437, which are each formed between a respective latching portion 43 and the second receiving portion 41.
Claim 11 recites the limitation "the second receiving groove" in the last line. There is insufficient antecedent basis for this limitation in the claim. As understood, the recitation of “the first receiving groove and the second receiving groove” is supposed to refer to the first and second through slots 116, 35 through which the pipeline 240 extends, or more broadly, the first and second structural members 10, 30 as paragraph 37 describes.
In claim 16, lines 4-5, it appears inconsistent with the rest of the disclosure that “one of the two second latching portions [43] and the second receiving portion [41] cooperatively form the third slot [416].” As understood, the third slot 416 is formed by two fourth side plates 414 and a third bottom plate 412, like claim 2 describes the formation of the first receiving portion 11 by three similar plates 112, 114.
In claim 16, lines 8-9, it appears inconsistent with the rest of the disclosure that “one of the two second latching portions [43] are configured to accommodate in the first through slot [116].” As understood, the second latching portions 43 are accommodated in the first receiving groove 137.
Claim 16 recites the limitation "the second receiving groove" in lines 11-12. There is insufficient antecedent basis for this limitation in the claim. As understood, the recitation refers to at least one of the second receiving grooves 437, which are each formed between a respective latching portion 43 and the second receiving portion 41.
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 1-5 (as understood: all) are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dwyer (US 6,691,884).
Regarding claim 1, Dwyer discloses in Figs. 1-5 a liquid collecting assembly comprising: a first structural member 23 comprising a first receiving portion 24, 25, 27 (like the applicant’s first receiving portion 11 comprises three sides 112, 114 of the first structural member 23 to form a U-shaped slot) and a first latching portion 31 (comprising the outer wall 31 of the lip 28, as shown in Fig. 3), the first receiving portion 24, 25, 27 defining a first through slot (comprising the central recess in the second structural member 23 extending to the end wall 26 like the applicant’s first through slot 116 also extends to an end wall 138), a first receiving groove (in which the lip 16 of the second structural member 11 is disposed, as shown in Fig. 3) formed between the first latching portion 31 and the first receiving portion 24, 25, 27; and
a second structural member 11 defining a second through slot (comprising the central recess of the second structural member 11 that receives the first structural member 23), the first structural member 11 slidably connected to the second structural member 23, the first receiving portion 24, 25, 27 configured to accommodate in the second through slot, and the second structural member 11 configured to accommodate in the first receiving groove (as shown in Fig. 3 by the lip 16 of the second structural member 11 fitting within the first receiving groove of the first structural member 23).
Regarding claim 2, Dwyer discloses in Figs. 1-5 that the first receiving portion 24, 25, 27 comprises a first bottom plate 27 and two first side plates 24, 25, the two first side plates 24, 25 are disposed on two sides of the first bottom plate 27, the first bottom plate 27 and the two first side plates 24, 25 cooperatively form the first through slot; the first structural member 23 further comprises two first latching portions (comprising the outer sections of the lips 28, 29, like the walls 30-32 shown for lip 28 in Fig. 3), each of the two first latching portions comprises a first connecting plate (like the top wall 30 for the lip 28 in Fig. 3) and a second side plate (like the side wall 31 for the lip 28 in Fig. 3), the first connecting plate is connected to one of the two first side plates and the second side plate (like the top wall 30 for the lip 28 in Fig. 3 is connected to first side plate 24 and second side plate 31), one of the two first side plates is spaced apart from the second side plate (like first side plate 24 is spaced apart from the second side plate 31 in Fig. 3); and one of the two first side plates, the first connecting plate, and the second side plate cooperatively form the first receiving groove (as shown in Fig. 3 with first side plate 24, first connecting plate 30, and second side plate 31).
Regarding claim 3, Dwyer discloses in Figs. 1-5 that each of the two first latching portions (comprising the outer sections of the lips 28, 29, like the walls 30-32 shown for lip 28 in Fig. 3) further comprises a first supporting plate (like the bottom wall 32 for the flip 28 in Fig. 3) connected to the second side plate (like the second side plate 31 for the lip 28 in Fig. 3), the first connecting plate and the first supporting plate are disposed on a side of the second side plate facing one of the two first side plates, and the first supporting plate is spaced apart from the first connecting plate.
Regarding claim 4, Dwyer discloses in Figs. 1-5 that the second structural member 11 comprises a second bottom plate 15 and two third side plates 12, 13, the two third side plates 12, 13 are disposed on two sides of the second bottom plate 15, and the second bottom plate 15 and the two third side plates 12, 13 cooperatively form the second through slot.
Regarding claim 5, Dwyer discloses in Figs. 1-5 that the second structural member 11 comprises a second bottom plate 15 and two third side plates 12, 13, the two third side plates 12, 13 are disposed on two sides of the second bottom plate 15, and the second bottom plate 15 and the two third side plates 12, 13 cooperatively form the second through slot.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 11-15 (as understood: all) are rejected under 35 U.S.C. 103 as being unpatentable over Morrison (US 2,722,809) in view of Dwyer.
Regarding claim 11, Morrison discloses in Figs. 1-3 a terminal device comprising: a liquid cooler (comprising the manifold 10 where refrigerant is expanded into three tubes 11, 12, 13, as disclosed in col. 1, lines 65-69); a pipeline (comprising tube 4); and a liquid collecting assembly comprising: a first structural member 5 comprising a first receiving portion (comprising the central recess of the pan 5); wherein one end of the pipeline is connected to the liquid cooler, and another end of the pipeline extends through the first receiving groove.
Morrison lacks teaching the specifically claimed structures of the liquid collecting assembly, including the first structural member having a first latching portion, the first receiving portion defining a first through slot, a first receiving groove formed between the first latching portion and the first receiving portion, and a second structural member defining a second through slot, the first structural member slidably connected to the second structural member, the first receiving portion configured to accommodate in the second through slot, and the second structural member configured to accommodate in the first receiving groove, and the pipeline extending through the second receiving groove (of the second structural member).
Dwyer teaches in Figs. 1-5 a liquid collecting assembly comprising: a first structural member 23 comprising a first receiving portion 24, 25, 27 (like the applicant’s first receiving portion 11 comprises three sides 112, 114 of the first structural member 23 to form a U-shaped slot) and a first latching portion 31 (comprising the outer wall 31 of the lip 28, as shown in Fig. 3), the first receiving portion 24, 25, 27 defining a first through slot (comprising the central recess in the second structural member 23 extending to the end wall 26 like the applicant’s first through slot 116 also extends to an end wall 138), a first receiving groove (in which the lip 16 of the second structural member 11 is disposed, as shown in Fig. 3) formed between the first latching portion 31 and the first receiving portion 24, 25, 27; and
a second structural member 11 defining a second through slot (comprising the central recess of the second structural member 11 that receives the first structural member 23), the first structural member 11 slidably connected to the second structural member 23, the first receiving portion 24, 25, 27 configured to accommodate in the second through slot, and the second structural member 11 configured to accommodate in the first receiving groove (as shown in Fig. 3 by the lip 16 of the second structural member 11 fitting within the first receiving groove of the first structural member 23).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the collecting assembly disclosed by Morrison to comprise the claimed first and second structural members that expand and retract relative to each other, as Dwyer teaches (abstract), wherein the ability of two structural members of the collection tray to retract into one another allows for the size of the tray be condensed, which allows for easier portability and storage.
In modifying Morrison in view of Dwyer so that the collecting assembly is modified to comprise a second structural member expandable and retractable from a first structural member, as Dwyer teaches, it would have been obvious to one having ordinary skill in the art to have the pipeline taught by Morrison, which extends across the length of the pan forming the collecting assembly, to extend across the first and second receiving grooves extending the length of the first and second structural members taught by Dwyer, respectively.
Regarding claims 12-15, Dwyer teaches the claimed structures of the liquid collecting assembly as discussed above in the 102 rejections of similar claims 2-5 above.
Allowable Subject Matter
Claims 6-10 and 16-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, and any claim objections set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter. The prior art fails to disclose or render obvious, in combination with the other limitations recited in claim 6 and 16, the liquid collecting assembly comprising the claimed structures of the connecting member and its connection to the first and second structural member, to which the connecting member is slidably connected, so when the liquid collecting assembly is in an extended state, at least a portion of the second structural member protrudes from an end of the connecting member, and at least a portion of the connecting member protrudes from an end of the first structural member, and when the liquid collecting assembly is in a retracted state, at least a portion of the second structural member is accommodated in the connecting member, and at least a portion of the connecting member is accommodated in the first structural member.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Examiner Jonathan Waddy, whose telephone number is 571-270-3146. The examiner can normally be reached on Monday-Friday (10:00AM-6:00PM EST).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisors can be reached by phone. Kenneth Rinehart can be reached at 571-272-4881 or Craig Schneider can be reached at 571-272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. W./
Examiner, Art Unit 3753
/KENNETH RINEHART/Supervisory Patent Examiner, Art Unit 3753
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