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 .
Drawings/Specification
The amendment filed November 5, 2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: detail number 140 of a spherical cap section.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “the drill column end section comprising . . . the feed unit stopping element is disposed at an end of the track, wherein in the first position, the feed unit stopping element intersects the track . . . in the second position, the feed unit stopping element does not intersect the track” in Lines 9-14. While it isn’t clear whether the elements of the drill stand are positively claimed as part of the drill column end section assembly, any recitation that the drill stand components are part of the drill column end section assembly is new matter. Appropriate correction required.
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 1-9 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.
Claim 1 recites “the drill column end section comprising . . . the feed unit stopping element is disposed at an end of the track, wherein in the first position, the feed unit stopping element intersects the track . . . in the second position, the feed unit stopping element does not intersect the track” in Lines 9-14. It is unclear whether the limitations concerning the track or drill stand elements are part of the drill column end section or if the limitations are merely functional limitations as is the drill stand in the preamble. Appropriate correction required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schaid et al. (US Patent No. 2,923,193).
(Claim 1) Schaid et al. (“Schaid”) discloses a drill column end section assembly (20, 21, 22, 25, 26, 27) capable of being used with a drill stand having a base plate operably coupleable to a surface, and a column operably coupled to the base plate and extending away from the base plate. The drill column end section assembly includes a drill column end section (20) and a feed unit stopping element (21) arranged movable between a first position and a second position relative to the drill column end section (Fig. 2). As best understood, a feed unit is operably coupled to the column at a track, and the feed unit moves along the track to traverse the column. This feed unit relates to the drill stand, but the drill stand is merely claimed as an intended use feature for the drill column end section. The feed unit stopping element (21), as best understood, is capable of being disposed at an end of the track. In the first position, the feed unit stopping element (21), as best understood, is capable of intersecting the track (examiner note: this is intended use as the drill stand is not positively claimed and the invention is directed to a drill column end section assembly) to prevent the feed unit from moving past the drill column end section, and, in the second position, the feed unit stopping element (21), as best understood, is capable of not intersecting the track, thereby allowing the drill stand feed unit to traverse past the drill column end section (Figs. 1, 2). The drill column end section assembly further includes a positioning element (26, 27) capable of releasably holding the stopping element in the first position (Col. 2, Lines 4-7; Figs. 1, 2).
(Claim 2) The feed unit stopping element (21), in the first position, protrudes laterally from a side of the drill column end section to prevent (examiner note: this is intended use as the feed unit is not positively claimed) the feed unit from traversing past the drill column end section (Fig. 2), and, in the second position, is arranged flush with the side of the drill column end section (Figs. 1, 2).
(Claim 3) The feed unit stopping element (21) is arranged to move between the first position and the second position in a passage arranged in the drill column end section (Figs. 1, 2). The passage is capable of constraining movement of the stopping element in directions other than a direction from the first and second position and vice versa (Figs. 1, 2).
(Claim 4) The positioning element (21) includes a resilient element capable of releasably holding the feed unit stopping element in the first position (Fig. 1; 25; Col. 2, Lines 4-7).
(Claim 5) The resilient element is a spring-loaded rounded member capable of entering a corresponding recess while the feed unit stopping element is in the first position (Fig. 1; Col. 2, Lines 4-7).
(Claim 6) The rounded member is a ball capable of entering the recess while the feed unit stopping element is in the first position (Fig. 1; Col. 2, Lines 4-7).
(Claim 7) A threaded element (illustrated in Fig. 1) is capable of holding the spring-loaded rounded member.1
(Claim 8) The resilient element includes a spring arranged to bias the feed unit stopping element towards the first position (Fig. 1; Col. 2, Lines 4-7).
(Claim 9) The stopping element (21) comprises at least one stop lug (22) capable of preventing the feed unit stopping element from protruding beyond a respective protrusion distance from the drill column end section assembly (Figs. 1, 2).
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vann et al. (US Patent No. 3,095,771).
(Claim 1) Vann et al. (“Vann”) discloses a drill column end section assembly (Figs. 8-11) capable of being used with a drill stand having a base plate operably coupleable to a surface, and a column operably coupled to the base plate and extending away from the base plate. The assembly includes a drill column end section (29; 36) and a feed unit stopping element (28; 38) arranged movable between a first position and a second position relative to the drill column end section (Figs. 9, 11). As best understood, a feed unit is operably coupled to the column at a track, and the feed unit moves along the track to traverse the column. This feed unit relates to the drill stand, but the drill stand is merely claimed as an intended use feature for the drill column end section. The feed unit stopping element (28; 38), as best understood, is capable of being disposed at an end of the track. In the first position, the feed unit stopping element (28; 38), as best understood, is capable of intersecting the track (examiner note: this is intended use as the drill stand is not positively claimed and the invention is directed to a drill column end section assembly) to prevent the feed unit from moving past the drill column end section, and, in the second position, the feed unit stopping element (28; 38), as best understood, is capable of not intersecting the track, thereby allowing the drill stand feed unit to traverse past the drill column end section (Figs. 8-11). The drill column end section assembly further includes a positioning element (33; 39) capable of releasably holding the stopping element in the first position (Figs. 8-11).
(Claim 2) The feed unit stopping element (28; 38), in the first position, protrudes laterally from a side of the drill column end section to prevent (examiner note: this is intended use as the feed unit is not positively claimed) the feed unit from traversing past the drill column end section (Figs. 9, 10), and, in the second position, is arranged flush with the side of the drill column end section (Figs. 9, 11).
(Claim 3) The feed unit stopping element (28; 38) is arranged to move between the first position and the second position in a passage arranged in the drill column end section (Figs. 8-11). The passage is capable of constraining movement of the stopping element in directions other than a direction from the first and second positions or vice versa (Figs. 8-11).
(Claim 4) The positioning element (32 or 33; 39) includes a resilient element capable of releasably holding the feed unit stopping element in the first position (Figs. 9, 11).
(Claim 5) The resilient element (33) is a spring-loaded rounded member capable of entering a corresponding recess while the feed unit stopping element is in the first position (Fig. 9).
(Claim 6) The rounded member is a ball capable of entering the recess while the feed unit stopping element is in the first position (Fig. 9).
(Claim 7) A threaded element (illustrated in Fig. 9) is capable of holding the spring-loaded rounded member.2
(Claim 8) The resilient element (32; 39) includes a spring arranged to bias the feed unit stopping element towards the first position (Figs. 9, 11; Col. 6, Lines 13-17).
(Claim 9) The stopping element (38) comprises at least one stop lug (40) capable of preventing the feed unit stopping element from protruding beyond a respective protrusion distance from the drill column end section assembly (Figs. 10, 11).
Claims 1-5, 8 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Obrecht et al. (US Patent No. 5,106,242).
(Claim 1) Obrecht et al. (“Obrecht”) discloses a drill column end section assembly (Figs. 3, 5) capable of being used with a drill stand having a base plate operably coupleable to a surface, and a column operably coupled to the base plate and extending away from the base plate. The assembly includes a drill column end section (50) and a feed unit stopping element (52) arranged movable between a first position and a second position relative to the drill column end section (Figs. 3, 5). As best understood, a feed unit is operably coupled to the column at a track, and the feed unit moves along the track to traverse the column. This feed unit relates to the drill stand, but the drill stand is merely claimed as an intended use feature for the drill column end section. The feed unit stopping element (52), as best understood, is capable of being disposed at an end of the track. In the first position, the feed unit stopping element (52), as best understood, is capable of intersecting the track (examiner note: this is intended use as the drill stand is not positively claimed and the invention is directed to a drill column end section assembly) to prevent the feed unit from moving past the drill column end section, and, in the second position, the feed unit stopping element (52), as best understood, is capable of not intersecting the track, thereby allowing the drill stand feed unit to traverse past the drill column end section (Figs. 3, 5). The drill column end section assembly further includes a positioning element (52d, 60) capable of releasably holding the stopping element in the first position.
(Claim 2) The feed unit stopping element (52), in the first position, protrudes laterally from a side of the drill column end section to prevent (examiner note: this is intended use as the feed unit is not positively claimed) the feed unit from traversing past the drill column end section, and, in the second position, is arranged flush with the side of the drill column end section (Fig. 3).
(Claim 3) The feed unit stopping element (52) is arranged to move between the first position and the second position in a passage arranged in the drill column end section (Fig. 3). The passage is capable of constraining movement of the stopping element in directions other than a direction from the first and second positions or vice versa (Fig. 3).
(Claim 4) The positioning element (52d, 52e, 60) includes a resilient element (60) capable of releasably holding the feed unit stopping element in the first position (Fig. 3).
(Claim 5) The resilient element (52d, 52e, 60) is a spring-loaded rounded member (52e) capable of entering a corresponding recess while the feed unit stopping element is in the first position (Fig. 3).
(Claim 8) The resilient element (52d, 52e, 60) includes a spring arranged to bias the feed unit stopping element towards the first position (Fig. 3).
(Claim 9) The stopping element (52) comprises at least one stop lug (52e) capable of preventing the feed unit stopping element from protruding beyond a respective protrusion distance from the drill column end section assembly (Fig. 3).
Response to Arguments
Applicant's arguments filed November 5, 2025 have been fully considered but they are not persuasive. Applicant requests withdrawal of the drawing objection by the amendment to Figure 4. Turning to the rejections under 35 USC 112, Applicant contends that, while the drill stand and associated features are not positively claimed, the context of the structure is claimed. Applicant argues that the prior art of record fails to disclose the drill stand as recited in the preamble. Additionally, Applicant argues that the prior art of record fails to disclose other features of a drill stand in which the drill column end section assembly is intended to be attached with in a drill stand assembly. Examiner disagrees.3
The drawing objection stands because Applicant identified a feature previously disclosed as the ball (spring-loaded rounded member) (Fig. 5b) now as a rounded cap section. While Figure 4 might resemble a location intended for a rounded cap section, the depiction does not provide for support for that feature being a rounded cap section. In fact, the specification, at the time of filing, discloses that the examples in the Figures includes a ball (Written Description at page 9). Thus, the objection has been maintained.
The new matter rejection stands. The claim is directed to a drill column end section for cooperation with a drill stand. Yet, the body of the claim uses language that sounds in positively claimed limitations directed to features that are not disclosed as being part of the drill column end section (e.g., the drill stand, track, feed unit, etc.). Because the drill stand features are not disclosed as part of the drill column end section assembly, it qualifies as new matter in this context. Applicant argument that the features are not positively claimed but the scope of the claim is still intended to include interaction between the claimed features proves the rejections under 35 USC 112 are proper. The limitations are either functional or positively claimed, not functional with the essence of positively required. The claim language is convoluted and proper rejected under both 35 USC 112(a) and 35 USC 112(b).
Each of Schaid, Vann and Obrecht read upon the claimed invention. The focus upon the lack of a drill stand and/or a feed unit in the prior art falls short because the limitations are not positively claimed.4 It is worth noting that Applicant also states that the limitations of the stand are not positively claimed (Applicant Remarks at pages 6-7). The claimed invention is directed to “[a] drill column end section assembly for a drill stand,” not a drill stand having a feed unit, drill stand column, and a drill column end section assembly. As such, the mention of how the drill stand feed unit is intended to interact with the column end section assembly is merely a functional limitation. Because the prior art of record is capable of working with some drill column and drill stand feed unit in the manner claimed, the prior art reads upon the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See, e.g., Oster (US Patent No. 4,468,159) (Fig. 2) (disclosing a drill stand with a drilling head movable along a track having a stop at the end thereof); Pugsley (US Patent No. 2,997,900) (Fig. 1) (same); and Espinoza (US Patent No. 5,947,664) (Fig. 1) (disclosing an axial stop device for a rotary cutting head).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RYAN RUFO whose telephone number is (571)272-4604. The examiner can normally be reached Mon-Thurs.
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, Singh Sunil can be reached at (571) 272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RYAN RUFO/Primary Examiner, Art Unit 3722
1 See, e.g., Hudson (US Patent No. 4,080,092) (Fig. 2) (evidencing, via like illustration, the screw-supported, spring-pressed, ball detent structure); Johnson (US Patent No. 2,044,076) (Figs. 1, 2) (same).
2 See, e.g., Hudson (US Patent No. 4,080,092) (Fig. 2) (evidencing, via like illustration, the screw-supported, spring-pressed, ball detent structure); Johnson (US Patent No. 2,044,076) (Figs. 1, 2) (same).
3 Applicant argues against the 35 USC 112(f) interpretation for the feed unit. The interpretation has been maintained, but the rejection under 35 USC 112(b) has been withdrawn. The feed unit corresponds to detail 30.
4 A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.