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 11 and 14 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.
Regarding claim 11, the limitation “the studs” in line 1 and “the feet” in line 2 are unclear.
It is unclear whether reference is being made to the studs and the feet of claim 10 or to studs and feet that lack antecedent basis.
For the purpose of examination, the Examiner will interpret this as reference being made to the studs and the feet of claim 10 and suggest having claim 11 depend from claim 10.
Regarding claim 14, the limitation “the electrical connections” in line 1 is unclear.
It is unclear whether reference is being made to the electrical connections of claim 13 or to electrical connections that lack antecedent basis.
For the purpose of examination, the Examiner will interpret this as reference being made to the electrical connections of claim 13 and suggest having claim 14 depend from claim 13.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12309959. Although the claims at issue are not identical, they are not patentably distinct from each other because.
Current application
US 12309959
1. A telescopic server cargo rack comprising: an enclosure including: an inner hull and an outer hull in which an end of the inner hull is telescopically received; and a door closing an end of the enclosure; and an electronic system mounted within the enclosure and including a power outlet.
1. A telescopic server cargo rack comprising: an enclosure including: an inner hull and an outer hull in which an end of the inner hull is telescopically received; and a door closing an end of the enclosure; and an electronic system mounted within the enclosure and including a power outlet, wherein the enclosure includes an aperture arm fixed to either the inner hull or the outer hull and including an opening sized for electrical cables to pass therethrough.
2. The cargo rack of claim 1, wherein the electronic system further includes an access control system that selectively locks or unlocks the door.
2. The cargo rack of claim 1, wherein the electronic system further includes an access control system that selectively locks or unlocks the door.
3. The cargo rack of claim 1, wherein the access control system further includes a security interface integrated with the door and through which access credentials may be presented to prompt the access control system to unlock the door.
3. The cargo rack of claim 1, wherein the access control system further includes a security interface integrated with the door and through which access credentials may be presented to prompt the access control system to unlock the door.
4. The cargo rack of claim 1, wherein the security interface includes an ID bezel through which an ID reader within the enclosure may read an ID card and a window, separate from the ID bezel, through which a camera within the enclosure may obtain an image.
4. The cargo rack of claim 1, wherein the security interface includes an ID bezel through which an ID reader within the enclosure may read an ID card and a window, separate from the ID bezel, through which a camera within the enclosure may obtain an image.
5. The cargo rack of claim 1,
comprising a rail system connected to the inner hull and the outer hull and arranged to guide a telescoping motion of the inner hull within the outer hull.
5. The cargo rack of claim 1, comprising a rail system connected to the inner hull and the outer hull and arranged to guide a telescoping motion of the inner hull within the outer hull.
6. The cargo rack of claim 5,
wherein the rail system further comprises rails for guiding movement of the enclosure relative to an external fixture to which the rail system is fixed.
6. The cargo rack of claim 5, wherein the rail system further comprises rails for guiding movement of the enclosure relative to an external fixture to which the rail system is fixed.
7. The cargo rack of claims 1, wherein the enclosure includes an aperture arm fixed to either the inner hull or the outer hull and including an opening through which electrical cables may pass, the door including a slot and being positionable to close off an end of the enclosure without obstructing the opening of the aperture arm while the aperture arm is received in the slot.
7. The cargo rack of claims 1, wherein the door includes a slot and is positionable to close off an end of the enclosure without obstructing the opening of the aperture arm while the aperture arm is received in the slot.
8. The cargo rack of claim 7,
wherein the aperture arm includes an aperture portion through which the opening extends and receivable in the slot, the aperture portion being flexible or hinged at one end so as to enable widening of the opening when the aperture portion is not received in the slot.
8. The cargo rack of claim 7, wherein the aperture arm includes an aperture portion through which the opening extends and receivable in the slot, the aperture portion being flexible or hinged at one end so as to enable widening of the opening when the aperture portion is not received in the slot.
9. The cargo rack of claim 1,
wherein the end of the inner hull is a first end and the door is a first door closing off a second end of the inner hull and wherein the enclosure further includes a second door closing off an end of the outer hull.
9. The cargo rack of claim 1, wherein the end of the inner hull is a first end and the door is a first door closing off a second end of the inner hull and wherein the enclosure further includes a second door closing off an end of the outer hull.
10. The cargo rack of claim 1, comprising
feet arranged on a bottom surface of the enclosure and studs arranged on a top surface of the enclosure in a pattern matching the arrangement of the feet.
13. A telescopic server cargo rack, comprising; an enclosure including: an inner hull and an outer hull in which an end of the inner hull is telescopically received; and a door closing an end of the enclosure; an electronic system mounted within the enclosure and including a power outlet, and
feet arranged on a bottom surface of the enclosure and studs arranged on a top surface of the enclosure in a pattern matching the arrangement of the feet.
11. The cargo rack of claim 9, wherein the studs include posts extending upward, and the feet include bottom surfaces with receptacles therein.
14. The cargo rack of claim 13,wherein the studs include posts extending upward, and the feet include bottom surfaces with receptacles therein.
12. The cargo rack of claim 1, wherein the electronic system includes a programmable controller.
10. The cargo rack of claim 1, wherein the electronic system includes a programmable controller.
13. The cargo rack of claims 1, comprising a swinging standoff mounted to the enclosure, the swinging standoff including a fastener plate, a frame, a hinge connecting the frame to the fastener plate, and a plurality of electrical connections connected to the frame.
11. The cargo rack of claims 1, comprising a swinging standoff mounted to the enclosure, the swinging standoff including a fastener plate, a frame, a hinge connecting the frame to the fastener plate, and a plurality of electrical connections connected to the frame.
14. The cargo rack of claim 12, wherein the electrical connections are modularly connectable and removable to the frame.
12. The cargo rack of claim 11,wherein the plurality of electrical connections areis modularly connectable and removable to the frame.
15. A server cabinet comprising one or more removable cargo racks, each cargo rack comprising: an enclosure with an interior adapted for retaining a server; and an independent electronic system integrated with the enclosure and including: a connection for receiving external power and an outlet through which the server may receive power; and an independent access control system configured to selectively permit or prevent opening or closing of the enclosure.
15. A server cabinet comprising one or more removable cargo racks, each cargo rack comprising: an enclosure with an interior adapted for retaining a server; and an independent electronic system integrated with the enclosure and including: a connection for receiving external power and an outlet through which the server may receive power; and an independent access control system configured to selectively permit or prevent opening or closing of the enclosure, wherein the enclosure includes a door, a hull, and an aperture arm fixed to the hull and including an opening an opening sized for electrical cables to pass therethrough.
16. The server cabinet of claim 15, wherein the enclosure includes at least two telescopic hulls.
16. The server cabinet of claim 15, wherein the enclosure includes at least two telescopic hulls.
17. The server cabinet of claim 15,
wherein each cargo rack further includes a rail system for guiding movement of the telescopic hulls relative to one another.
17. The server cabinet of claim 15,
wherein each cargo rack further includes a rail system for guiding movement of the telescopic hulls relative to one another.
18. The server cabinet of claim 16,
wherein the telescopic hulls include an outer hull and an inner hull and the enclosure includes inner conduits mounted inside the inner hull and outer conduits mounted inside the outer hull, the outer conduits being at least partially spaced from an interior surface of the outer hull such that the inner hull may pass between the outer conduits and the interior surface of the outer hull.
18. The server cabinet of claim 16,
wherein the telescopic hulls include an outer hull and an inner hull and the enclosure includes inner conduits mounted inside the inner hull and outer conduits mounted inside the outer hull, the outer conduits being at least partially spaced from an interior surface of the outer hull such that the inner hull may pass between the outer conduits and the interior surface of the outer hull.
19. The server cabinet of claim 15, wherein the electronic system includes a programmable controller.
19. The server cabinet of claim 15, wherein the electronic system includes a programmable controller.
20. The server cabinet of claim 15, wherein the enclosure includes a door, a hull, and an aperture arm fixed to the hull and including an opening through which electrical cables may pass, the door including a slot and being positionable to close off an end of the hull without obstructing the opening of the aperture arm while the aperture arm is received in the slot.
20. The server cabinet of claim 15, wherein the door includes a slot and is positionable to close off an end of the hull without obstructing the opening of the aperture arm while the aperture arm is received in the slot.
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.
Claim(s) 1 and 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lowther US 20040080244.
Regarding claim 1, Lowther US 20040080244 discloses (in Fig. 13a) a telescopic server cargo rack (50) comprising:
an enclosure (enclosure of 50) including:
an inner hull (90a) and an outer hull (51) in which an end of the inner hull (90a) is telescopically received; and
a door (72/82) closing an end of the enclosure (enclosure of 50); and
an electronic system (servers see [0116]) mounted within the enclosure (enclosure of 50) and including a power outlet (see [0062]).
Regarding claim 9, Lowther discloses the cargo rack of claim 1, wherein the end of the inner hull (90a) is a first end and the door (72/82) is a first door (72) closing off a second end of the inner hull (90a), and wherein the enclosure further includes a second door (82) closing off an end of the outer hull (51 as depicted in Fig. 13a).
Claim(s) 1-6, 12 and 15-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crawford US 20190174651.
Regarding claim 1, Crawford discloses a telescopic server cargo rack (80 in Fig. 5) comprising:
an enclosure (enclosure of 80) including:
an inner hull (121 in Fig. 6b) and an outer hull (slot of 80 receiving 121 in Fig. 6b) in which an end of the inner hull (121) is telescopically received; and
a door (120) closing an end of the enclosure (enclosure of 80); and
an electronic system (server of 121 in Fig. 6b see [0069]) mounted within the enclosure (enclosure of 80) and including a power outlet (outlet not shown see [0067]).
Regarding claim 2, Crawford discloses the cargo rack of claim 1, wherein the electronic system further includes an access control system (122 in Fig. 5) that selectively locks or unlocks the door (120).
Regarding claim 3, Crawford discloses the cargo rack of claim 1, wherein the access control system (122) further includes a security interface integrated with the door (120) and through which access credentials may be presented to prompt the access control system to unlock the door (120 see [0076]).
Regarding claim 4, Crawford discloses the cargo rack of claim 1, wherein the security interface (122) includes an ID bezel through which an ID reader within the enclosure may read an ID card and a window, separate from the ID bezel, through which a camera within the enclosure may obtain an image.
Regarding claim 5, Crawford discloses the cargo rack of claim 1, comprising a rail system (123 in Fig. 6b) connected to the inner hull (121) and the outer hull (slot of 80 receiving 121) and arranged to guide a telescoping motion of the inner hull (121) within the outer hull (slot of 80 receiving 121).
Regarding claim 6, Crawford discloses the cargo rack of claim 5, wherein the rail system (123) further comprises rails for guiding movement of the enclosure (enclosure of 80) relative to an external fixture to which the rail system is fixed.
Regarding claim 12, Crawford discloses the cargo rack of claim 1, wherein the electronic system includes a programmable controller (126 in Fig. 5 see [0071]).
Regarding claim 15, Crawford US 20190174651 discloses a server cabinet (50 in Fig. 3) comprising one or more removable cargo racks (80 in Fig. 3),
each cargo rack (80) comprising:
an enclosure (enclosure of 80 in Fig. 3) with an interior (interior of 80 in Fig. 6a-6b) adapted for retaining a server (server of 121); and
an independent electronic system (electronic system, see [0069]) integrated with the enclosure (enclosure of 80) and including:
a connection (connection of 121 not shown see [0067]) for receiving external power and an outlet (outlet not shown see [0067]) through which the server (server of 121 in Fig. 6b see [0069]) may receive power; and
an independent access control system (122 in Fig. 5) configured to selectively permit or prevent opening or closing of the enclosure (enclosure of 80).
Regarding claim 16, Crawford discloses the server cabinet of claim 15, wherein the enclosure (enclosure of 80) includes at least two telescopic hulls (121/ slot of 80 receiving 121 in Fig. 6b).
Regarding claim 17, Crawford discloses the server cabinet of claim 15, wherein each cargo rack (80) further includes a rail system (123) for guiding movement of the telescopic hulls (121/ slot of 80 receiving 121) relative to one another.
Regarding claim 18, Crawford discloses the server cabinet of claim 16, wherein the telescopic hulls (121/ slot of 80 receiving 121) include an outer hull (slot of 80 receiving 121 in Fig. 6b) and an inner hull (121) and the enclosure (enclosure of 80) includes inner conduits (interior of 121) mounted inside the inner hull (121) and outer conduits mounted inside the outer hull (slot of 80 receiving 121), the outer conduits being at least partially spaced from an interior surface of the outer hull (slot of 80 receiving 121) such that the inner hull (121) may pass between the outer conduits and the interior surface of the outer hull (slot of 80 receiving 121).
Regarding claim 19, Crawford discloses the server cabinet of claim 15, wherein the electronic system includes a programmable controller (126 in Fig. 5 see [0071]).
Claim Rejections - 35 USC § 103
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.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lowther as applied to claim 1 above, and further in view of Mehta US 9750157.
Regarding claim 13, Lowther discloses the cargo rack of claims 1.
Lowther does not explicitly disclose a swinging standoff mounted to the enclosure, the swinging standoff including a fastener plate, a frame, a hinge connecting the frame to the fastener plate, and a plurality of electrical connections connected to the frame.
However, Mehta US 9750157 discloses a swinging standoff (100 in Fig. 1) mounted to an enclosure (305 in Fig. 3), the swinging standoff (100) including a fastener plate (plates of 140a/140b/140c in Fig. 2) , a frame (105 in Fig. 2) , a hinge (140a/140b/140c) connecting the frame (105) to the fastener plate (plates of 140a/140b/140c), and a plurality of electrical connections (connections of 315a-d/320a in Fig. 3) connected to the frame (105).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention to the cargo rack of Lowther further comprising a swinging standoff mounted to the enclosure, the swinging standoff including a fastener plate, a frame, a hinge connecting the frame to the fastener plate, and a plurality of electrical connections connected to the frame, as taught by Mehta, in order to manage the cables.
Regarding claim 14 (as best understood), Lowther in view of Mehta discloses the cargo rack of claim 12, wherein the electrical connections (connections of 315a-d/320a in Fig. 3 of Mehta) are modularly connectable and removable to the frame (105 of Mehta).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Behnam US 11744035 Fig. 3-8 discloses an expandable sever rack.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER L AUGUSTIN whose telephone number is (571)270-7659. The examiner can normally be reached Monday - Friday 8 am - 3 pm.
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, Allen L Parker can be reached at 303-297-4722. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER L AUGUSTIN/Examiner, Art Unit 2841
/JAMES WU/Primary Examiner, Art Unit 2841
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