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 .
Reissue Applications
For reissue applications filed before September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the law and rules in effect on September 15, 2012. Where specifically designated, these are “pre-AIA ” provisions.
For reissue applications filed on or after September 16, 2012, all references to 35 U.S.C. 251 and 37 CFR 1.172, 1.175, and 3.73 are to the current provisions.
Applicant is reminded of the continuing obligation under 37 CFR 1.178(b), to timely apprise the Office of any prior or concurrent proceeding in which Patent No. 11,677,226 is or was involved. These proceedings would include any trial before the Patent Trial and Appeal Board, interferences, reissues, reexaminations, supplemental examinations, and litigation.
Applicant is further reminded of the continuing obligation under 37 CFR 1.56, to timely apprise the Office of any information which is material to patentability of the claims under consideration in this reissue application.
These obligations rest with each individual associated with the filing and prosecution of this application for reissue. See also MPEP §§ 1404, 1442.01 and 1442.04.
Maintenance Fee
Applicant is reminded during the prosecution of the instant reissue patent application, maintenance fees must be kept up to date for the Patent No. 11,677,226 (“the ‘226 patent”). A review of the maintenance fee status for the ‘226 patent shows the 3.5 year fee opens June 13, 2026, the surcharge starts December 15, 2026, and the last day to pay is June 14, 2027.
Information Disclosure Statement
It is noted that Applicant did not appear to file an Information Disclosure Statement (IDS). As such any references printed on the front of U.S. Patent No. 11,677,226 that are not cited on the attached PTO-892 will not be printed on any publication of the instant application unless an IDS is submitted.
Reissue Declaration
The reissue oath/declaration filed with this application is defective (see 37 CFR 1.175 and MPEP § 1414) because of the following:
The error statement states, in part, “Applicant seeks to broaden…being added in this reissue application to broaden the scope of U.S. Patent No. 11,677,226…”; however, adding limitations to claims narrows the scope of the claims. As such, currently the reissue application is a narrowing application and not a broadening reissue and broadening phrases make the error statement and reissue declaration improper. Removing the phrases related to broadening while leaving the rest of the error statement would fix this improper error and declaration. Adding dependent claims is a proper reissue error under In re Tanaka, 640 F.3d 1246, 1251, 98 USPQ2d 1331, 1334 (Fed. Cir. 2011) (see MPEP 1402(I) and 1414(II)(A)).
It is noted that although the current claims in the reissue application are narrowing and thus the reissue declaration is improper, Applicant has declared the intent to broaden within 2 years on the patent issue date. Therefore, Applicant can present broadened claims in the instant reissue application and/or in continuing reissue applications.
Claim Rejections – 35 USC § 251: Improper Reissue Declaration
Claims 1-18 are rejected as being based upon a defective reissue declaration under 35 U.S.C. 251 as set forth above. See 37 CFR 1.175.
The nature of the defect(s) in the declaration is set forth in the discussion above in this Office action.
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 5, 7-12, 15, and 17 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 Claims 5, 11, and 17, the limitation, “a compression lock…configured to rotate between a locked and unlocked position”, in lines 1-3 of each claim, renders the claim indefinite, because it is unclear what is meant by a compression lock. The specification only describes and the drawing only show what appears to be a simple lock which uses a tool/key to turn a latch to move it from a locked to an unlocked position. Furthermore, the “configured to” phrase in the limitation also appears to only requiring a latch to be rotated from a locked to unlocked position. Nowhere in the specification or claims is there any mention of compression related to the lock. As such, it is unclear why the limitation is a “compression lock”. Based on the specification and claims the limitation is interpreted below as a lock with a latch that rotates from a locked position to an unlocked position.
Claim 7 recites the limitation "the mounting structure" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the mounting structure" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the connection component" in line 1. There is insufficient antecedent basis for this limitation in the claim.
All claims should be revised carefully to correct all other deficiencies similar to the ones noted above.
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, 3-4, 6, 13, 15-16, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mortun et al. (US-8455759, “Mortun”). Regarding Claim 1, Mortun discloses an access port for mounting to a mounting structure 102, the access port comprising: a base assembly16’ including an interior opening (defined by 22’) defined by an interior wall 22’; a cover assembly 12’ connected to the base assembly at a hinge point (where 16’ and 12’ connect in Figure 7); a faceplate 104 disposed within the interior opening and removably attached (via screws 128 through holes 32 into threaded holes 130) to the base assembly while the base assembly is mounted (via screws 136) to the mounting structure and the cover assembly is in an open position, the faceplate configured to support mounting of a connection component 106,110 (see Column 6, Lines 33-39 in which the electrical component 106 is described as a circuit breaker with a switch 110 which would be a connection component as it was open and close the connection of the electric circuit); and at least one tab (tab containing 32 in Figures 3-4) connected to the interior wall of the base assembly, the at least one tab including a fastener hole 32 configured to receive a fastener 128 for securing the base assembly to the mounting structure (Figures 1-18).
Regarding Claim 3, Mortun discloses the connection component is one of an electrical (see Column 6, Lines 33-39 in which the electrical component 106 is described as a circuit breaker with a switch 110 which would be a connection component as it was open and close the connection of the electric circuit) or fiber optic connection component (Figures 1-18).
Regarding Claim 4, Mortun discloses the faceplate 22 is disposed between the at least one fastener 128 and the cover assembly 12’ (depicted in Figure 7) (Figures 1-18).
Regarding Claim 6, Mortun discloses a front of the base assembly includes a first gasket 26 (see Column 5, Lines 1-3, which describes 26 as a ridge to form a seal with the cover and divert water away from opening 22 and thus is construed as a gasket) disposed therein and a rear of the base assembly includes a second gasket 132 disposed therein (Figures 1-18).
Regarding claim 13, Mortun discloses a method of installing an access port onto a structure , the method comprising: cutting an opening (partial circular opening above 104 and below 132 that would inherently have to be cut to install the port in Figure 7) into one of a first wall, a second wall, a third wall, a fourth wall, a fifth wall, or a door of the structure (wall 102); and positioning a base assembly 16’ adjacent the opening on an exterior of the structure (top surface of 102), wherein the base assembly includes an interior opening (defined by 22’) defined by an interior wall 22’ and a set of tabs (tab containing 32) connected to the interior wall of the base assembly, wherein each tab in the set of tabs includes a fastener hole 32; engaging a first set of fasteners 128 through each fastener hole included in the set of tabs to secure the base assembly to the structure via the fastener holes included in the set of tabs; positioning a faceplate 104 adjacent to the base assembly, the faceplate including a set of faceplate fastener holes (for screws 124); engaging a second set of fasteners 124 through each faceplate fastener hole to secure the faceplate to the base assembly (depicted in Figure 7) (Figures 1-18).
Regarding Claim 15, Mortun discloses the connection component is an electrical component (see Column 6, Lines 33-39 in which the electrical component 106 is described as a circuit breaker with a switch 110 which would be a connection component as it was open and close the connection of the electric circuit) (Figures 1-18).
Regarding Claim 16, Mortun discloses the access port includes a cover assembly 12’ rotatably attached at a hinge point (where 16’ and 12’ connect in Figure 7) (Figures 1-18).
Regarding Claim 18, Mortun discloses a front of the base assembly includes a first gasket 26 (see Column 5, Lines 1-3, which describes 26 as a ridge to form a seal with the cover and divert water away from opening 22 and thus is construed as a gasket) disposed therein and a rear of the base assembly includes a second gasket 132 disposed therein (Figures 1-18).
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.
Claim(s) 2 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mortun et al. (US-8455759, “Mortun”). Regarding Claims 2 and 14, Mortun discloses the access port of claims 1 and method of claim 13, as advanced above respectively, wherein the fastener 128 engages a thread hole 130 to secure the base assembly to the mounting structure, but does not expressly disclose a nut.
However, it would have been an obvious design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute an old, well known, and conventional nut for the thread hole of Mortun to achieve the predictable result of securing the base assembly to the mounting structure while allowing for the nut to be easily replaced if its threads get stripped without having to drill another threaded hole.
Claim(s) 5 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mortun et al. (US-8455759, “Mortun”) in view of Shlank (US-2987909, “Shlank”). Regarding Claims 5 and 17, Mortun discloses the access port of claim 1 and the method of claim 16, as advanced above respectively, but does not expressly disclose the cover assembly includes a compression lock disposed within, wherein the compression lock is configured to rotate a latch between an locked position and unlocked position.
However, Shlank teaches an access port and method of installing an access port into a support comprising a cover assembly 30 including a compression lock 34 disposed within, wherein the compression lock is configured to rotate a latch 36 between a locked position and an unlocked position (Figures 1-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the compression lock of Shlank to the access port of Mortun to achieve the predictable result of preventing unauthorized people from accessing the port.
Claim(s) 7-10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mortun et al. (US-8455759, “Mortun”) in view of Ehrlich et al. (EP-1077516, “Ehrlich”). Regarding Claim 7, Mortun discloses an enclosure comprising: an access port affixed about an opening (partial circular opening above 104 and below 132 that would inherently have to be cut to install the port in Figure 7), wherein the access port comprises: a base assembly 16’ including an interior opening (defined by 22’) defined by an interior wall 22’; a cover assembly 12’ connected to the base assembly at a hinge point (where 16’ and 12’ connect in Figure 7); a faceplate 104 disposed within the interior opening and removably attached (via screws 128 through holes 32) to the base assembly while the base assembly is mounted to the mounting structure and the cover assembly is in an open position, the faceplate configured to support mounting of a connection component (see Column 6, Lines 33-39 in which the electrical component 106 is described as a circuit breaker with a switch 110 which would be a connection component as it was open and close the connection of the electric circuit); and at least one tab (tab containing 32) connected to the interior wall of the base assembly, the at least one tab including a fastener hole 32 configured to receive a fastener 128 for securing the base assembly to the mounting structure (Figures 1-18). Mortun does not expressly disclose the enclosure comprising a first wall, second wall, third wall, fourth wall, fifth wall, and a door, wherein one of the first wall, second wall, third wall, fourth wall, fifth wall, or door include an opening; and an access port affixed about the opening.
However, Ehrlich teaches an enclosure 1 comprising a first wall (one side wall 2), second wall (one side wall 2), third wall (one side wall 2), fourth wall (one side wall 2), fifth wall (back wall), and a door 3, wherein one of the first wall, second wall third wall, fourth wall, fifth wall, or door include an opening (door 3 inherently has an opening for sockets 4 to pass through the door as shown in Figures 1-3, see also machine translation page 2, lines 27-29); and an access port (cover and surrounding structure around 4 in Figures 1 and 3) affixed about the opening (Figures 1-4). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the access ports of Mortun for the access ports of Ehrlich to achieve the predictable result of allowing the connection of various types of electricity consumers without opening the box as taught by Ehrlich at page 2, lines 27-29 of the machine translation.
Regarding Claim 8, Mortun discloses wherein the fastener 128 engages a thread hole 130 to secure the base assembly to the mounting structure, but does not expressly disclose a nut.
However, it would have been an obvious design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute an old, well known, and conventional nut for the thread hole of Mortun to achieve the predictable result of securing the base assembly to the mounting structure while allowing for the nut to be easily replaced if its threads get stripped without having to drill another threaded hole.
Regarding Claim 9, Mortun discloses the connection component is one of an electrical (see Column 6, Lines 33-39 in which the electrical component 106 is described as a circuit breaker with a switch 110 which would be a connection component as it was open and close the connection of the electric circuit) or fiber optic connection component (Figures 1-18).
Regarding Claim 10, Mortun discloses the faceplate 22 is disposed between the at least one fastener 128 and the cover assembly 12’ (depicted in Figure 7) (Figures 1-18).
Regarding Claim 12, Mortun discloses a front of the base assembly includes a first gasket 26 (see Column 5, Lines 1-3, which describes 26 as a ridge to form a seal with the cover and divert water away from opening 22 and thus is construed as a gasket) disposed therein and a rear of the base assembly includes a second gasket 132 disposed therein (Figures 1-18).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mortun et al. (US-8455759, “Mortun”) in view of Ehrlich et al. (EP-1077516, “Ehrlich”) as applied to claims 7-10 and 12 above, and further in view of Shlank (US-2987909, “Shlank”). Regarding Claim 11, Mortun does not expressly disclose the cover assembly includes a compression lock disposed within, wherein the compression lock is configured to rotate a latch between a locked position and an unlocked position.
However, Shlank teaches an access port and method of installing an access port into a support comprising a cover assembly 30 including a compression lock 34 disposed within, wherein the compression lock is configured to rotate a latch 36 between a locked position and an unlocked position (Figures 1-3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add the compression lock of Shlank to the access port of Mortun to achieve the predictable result of preventing unauthorized people from accessing the port.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM E DONDERO whose telephone number is (571)272-5590. The examiner can normally be reached Monday-Friday 6 am - 4 pm ET, Alternate Fridays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, EILEEN D LILLIS can be reached at 571-272-6928. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM E DONDERO/ Reexamination Specialist, Art Unit 3993
CONFEREES:
/Laura Davison/ Reexamination Specialist, Art Unit 3993
/EILEEN D LILLIS/ SPRS, Art Unit 3993