DETAILED ACTION
Claim Objections
Claim 5 is objected to because of the following informalities:
Claim 5, line 2, it appears “a first plate-shaped member” should read --the first plate-shaped member--
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 1, 3, 5-7 and 9-12 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regards to claim 1, lines 13-18 recite, “a first link member including: a first end supported by the first support member to be rotatable; and a second end supported by the first support member to be slidable in the longitudinal direction; and a second link member including: a third end supported by the second support member to be rotatable; and a fourth end supported by the second support member to be slidable in the longitudinal direction” (emphasis added). The claim is indefinite because it appears the second end (33b, Fig. 2) of the first link member is supported by the second support member (slidably at 31h). In addition, it appears the fourth end of the second link member is support by the first support member (slidably at 31h). Appropriate explanation or correction is required.
Claims 3, 5-7 and 9-12 are rejected based on their respective dependencies.
Allowable Subject Matter
Claims 1, 3, 5-7 and 9-12 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record is discussed in the previous Office action on the merits. The prior art of record does not anticipate or make obvious an electronic device rack having the combination of structural and functional limitations of Applicant’s claimed invention.
Response to Arguments
Applicant’s arguments with respect to claim 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. See rejection above.
Conclusion
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.
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/Stanton L Krycinski/Primary Examiner, Art Unit 3631
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