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 27-28 and 31-33 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 27 recites “the first plunger end”. There is insufficient antecedent basis for this limitation in the claim. For purpose of examination, examiner interprets the limitation as “a first plunger end”. Appropriate correction is required.
Claim 31 recites “the lock flap comprises a first lock flap position, a second lock flap position, and a third flap position…”. It is unclear to the examiner how the lock flap comprises different positions because these are positions to these not being structural limitations. For purpose of examination, examiner interprets the limitation as “the lock flap has a first lock flap position, a second lock flap position, and a third flap position”.
Claim 28 and 32-33 are rejected to for being dependent upon an objected claim.
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.
(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 21-41 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Burns (US 4,135,068).
Regarding Claim 21, Burns teaches An abrasive blasting system (Fig. 1) comprising:
a blast hose (Ref. 16, Fig. 1);
a deadman assembly (Ref. A, fig. 1-3) coupled with the blast hose (Fig. 1-3), the deadman assembly further comprising:
a primary deadman signal device (Ref. V, Fig. 3);
a base frame (Ref. B&30, Fig. 3), with the primary deadman signal device housed at least partially within the base frame (Fig. 3 shows the signal device partially within the base frame);
a trigger member (Ref. L&40g, Fig. 2-3) movably coupled with the base frame (Fig. 2&7), the trigger member configured to contact and move the primary deadman signal device to a signal-flow position (Fig. 7), the trigger member further comprising:
a first plunger cavity (Fig. 7, examiner interprets the raised portion of the trigger member that contacts the plunger ); and
a first plunger (Ref. 40G, Fig. 3) movably disposed in the first plunger cavity (Fig. 3&7);
an air source (Ref. 14, Fig. 1, [Col. 2, Line 51-52]) configured for fluid communication with the blast hose (Fig. 1),
wherein a first bias member (Ref. 40j, Fig. 3) facilitates a range of motion of the trigger member (Fig. 3&7) while a first plunger end of the first plunger (40G, bottom portion (40f)) is engaged with the primary deadman signal device (Fig. 3 below), and the primary deadman signal device is in a signal flow position (Fig. 7).
Regarding Claim 22, Burns teaches the limitations of claim 21, as described above, and further teaches wherein the deadman assembly comprises a second biased member (Ref. 60, Fig. 3, [Col. 4, Line 64-68]) configured to facilitate a second movable plunger (Ref. 68a, Fig. 3) engaging a secondary deadman signal device (Ref. 30h, Fig.3).
Regarding Claim 23, Burns teaches A method of abrasive blasting, the method comprising:
providing a blast hose (Ref. 16, Fig. 1), the blast hose operatively configured with a deadman assembly (Ref. A, fig. 1-3);
feeding an abrasive media (Ref. 12, Fig. 1, [Col. 2, Lines 49-53] describes holding abrasive particles) to the blast hose ([Col. 2, Lines 49-53] describes the blast media combines with air through the hose (2), Fig. 1);
operating the deadman assembly in a manner to discharge the abrasive media from a spray nozzle end of the blast hose ([Col. 2, Lines 49-67]),
wherein the deadman assembly comprises:
a primary deadman signal device (Ref. V, Fig. 3);
a base frame (Ref. B&30, Fig. 3), with the primary deadman signal device housed at least partially within the base frame (Fig. 3 shows the signal device partially within the base frame); and
a trigger member (Ref. L&40g, Fig. 2-3) movably coupled with the base frame(Fig. 2&7), the trigger member configured to contact and move the primary deadman signal device to a signal- flow position (Fig. 7),
Wherein a first bias member (Ref. 40j, Fig. 3) facilitates a range of motion of the trigger member (Fig. 3&7) while a first plunger (Ref. 40G, Fig. 3) is engaged with the primary signal device (Fig. 3&7), and the primary deadman signal device is in a signal flow position (Fig. 7).
Regarding Claim 24, Burns teaches A deadman assembly (Ref. A, fig. 1-3) comprising:
a primary deadman signal device (Ref. C, Fig. 3);
a base frame (Ref. B&30, Fig. 3), with the primary deadman signal device housed at least partially within the base frame (Fig. 3 shows the signal device partially within the base frame); and
a trigger member (Ref. L&40, Fig. 2-3) movably coupled with the base frame (Fig. 2-5), the trigger member further comprising:
a first plunger cavity (Fig. 7, examiner interprets the raised portion of the trigger member that contacts the plunger );
a first plunger (Ref. 40, Fig. 3) movably disposed within the first plunger cavity (Fig. 3), the first plunger configured to contact and move the primary deadman signal device to a signal-flow position (Fig. 7); and
a first bias member (Ref. 40j, Fig. 3) disposed around the first plunger (Fig. 3), the first biased member configured to facilitate the first movable plunger engaging the primary deadman signal device (Fig. 3);
wherein the first bias member facilitates a range of motion of the trigger member (Fig. 3 shows the lock flap biased by a resilient member) while the first plunger is engaged with the primary signal device (Fig. 3).
Regarding Claim 25, Burns teaches the limitations of claim 24, as described above, and further teaches wherein the deadman assembly further comprises a lock flap (Ref. T, Fig. 2) movably engaged between the base frame and the trigger member (Fig. 2&4), the lock flap comprising a first lock flap position (Fig. 2) and another lock flap position (Fig. 5), wherein the primary deadman signal device is configured to transmit a control signal ([Col. 2, Lines 63-68 Col. 4, Lines 1-13] describe the primary signal device from the deadman to send a signal to the control valve when in certain positions), wherein when the lock flap is in the first lock flap position the trigger member is prohibited from engaging the primary deadman signal device (Fig. 2).
Regarding Claim 26, Burns teaches the limitations of claim 25, as described above, and further teaches wherein when the lock flap (T) is in the other lock flap position (Fig. 5), the trigger member is not prohibited from engaging the primary deadman signal device (Fig. 7).
Regarding Claim 27, Burns teaches the limitations of claim 24, as described above, and further teaches wherein the first plunger comprises:
a plunger lip (Ref. 40f, Fig. 3);
a second plunger end (Fig. 3, second plunger end is at the top portion near the plunger cap (40g)); and
a plunger hollow (Ref. 40d, Fig. 3 shows a hollow) closed at the first plunger end (Ref. 40f, Fig. 3) and engaged with a plunger cap (Ref. 40g, Fig 3) at the second plunger end (Fig. 3),
wherein the first plunger cavity comprises a cavity lip (examiner interprets the cavity lip as an edge of inner part of the trigger), and
wherein the first bias member is disposed around the first plunger (fig. 3), and maintained between the plunger lip and the cavity lip (fig. 3).
Regarding Claim 28, Burns teaches the limitations of claim 27, as described above, and further teaches wherein the deadman assembly comprises a sloped guard profile (Fig. 2 annotated below) having a guard profile end (Fig. 2 annotated below), and a winged member (Fig. 2 annotated below) having a winged member end (Fig. 2 annotated below) proximate the guard profile end (Fig. 2-3), wherein the guard profile end has a lateral profile radial greater than a lateral member radial of the winged member end (Fig. 2 annotated below).
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Regarding Claim 29, Burns teaches the limitations of claim 24, as described above, and further teaches wherein the deadman assembly comprises a second biased member (Ref. 60, Fig. 3, [Col. 4, Line 64-68]) configured to facilitate a second movable plunger (Ref. 68a, Fig. 3) engaging a secondary deadman signal device (Ref. 30h, Fig.3).
Regarding Claim 30, Burns teaches A deadman assembly (Ref. A, fig. 1-3) comprising:
a primary deadman signal device (Ref. V, Fig. 3);
a base frame (Ref. B&30, Fig. 3), with the primary deadman signal device housed at least partially within the base frame (Fig. 3 shows the signal device partially within the base frame); and
a trigger member (Ref. L&40g, Fig. 2-3) movably coupled with the base frame (Fig. 2&7), the trigger member further comprising:
a first plunger cavity (Fig. 7, examiner interprets the raised portion of the trigger member that contacts the plunger );
a first plunger cavity (Fig. 7, examiner interprets the raised portion of the trigger member that contacts the plunger ) movably disposed within the first plunger cavity (Fig. 3&7), the first plunger having a first plunger end (Ref. 40f, Fig. 3) configured to contact and move the primary deadman signal device to a signal-flow position (Fig. 7); and
a first bias member (Ref. 40j, Fig. 3) configured to facilitate the first movable plunger engaging the primary deadman signal valve (Fig. 3&7), wherein the first bias member facilitates a range of motion of the trigger member while the first plunger is engaged with the primary deadman signal device (Fig. 3&7 shows the lock flap biased by a resilient member)
Regarding Claim 31, Burns teaches the limitations of claim 30, as described above, and further teaches the deadman assembly further comprising a lock flap (Ref. T, Fig. 2) movably engaged between the base frame and the trigger member (Fig. 2&4), wherein the lock flap comprises a first lock flap position (Fig. 3), a second lock flap position (Fig. 2), and a third flap position (Fig. 5),
wherein the primary deadman signal device is configured to transmit a control signal airflow ([Col. 2, Lines 63-68 Col. 4, Lines 1-13] describe the primary signal device from the deadman to send a signal to the control signal airflow when in certain positions), and wherein when the lock flap is in the first lock flap position the trigger member is prohibited from engaging the primary deadman signal device (fig. 3), and a secondary deadman signal device (Ref. 30h, Fig.3) disposed in the base frame proximate to the primary deadman signal device (Fig. 3).
Regarding Claim 32, Burns teaches the limitations of claim 31, as described above, and further teaches wherein when the lock flap is in the third flap position (Fig. 5), the trigger member is not prohibited from engaging the secondary deadman signal device (Fig. 7).
Regarding Claim 33, Burns teaches the limitations of claim 32, as described above, and further teaches wherein the lock flap is biased to the first lock flap position ([Col. 4, Line 64-68]), and wherein the trigger member is biased to a no-blast position ([Col. 4, Line 64-68]).
Regarding Claim 34, Burns teaches the limitations of claim 33, as described above, and further teaches wherein the deadman assembly comprises a sloped guard profile (See annotated Fig. 2 below) having a guard profile end (See annotated Fig. 2 below), and a winged member (See annotated Fig. 2 below) having a winged member end (See annotated Fig. 2 below) proximate the guard profile end (Fig. 2-3), wherein the guard profile end has a lateral profile radial (See annotated Fig. 2 below) greater than a lateral member radial of the winged member end (See annotated Fig. 2 below).
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Regarding Claim 35, Burns teaches the limitations of claim 30, as described above, and further teaches wherein the deadman assembly comprises a sloped guard profile (See annotated Fig. 2 above) having a guard profile end (See annotated Fig. 2 above), and a winged member (See annotated Fig. 2 above) having a winged member end (See annotated Fig. 2 above) proximate the guard profile end (Fig. 2-3), wherein the guard profile end has a lateral profile radial (See annotated Fig. 2 above) greater than a lateral member radial of the winged member end (See annotated Fig. 2 above).
Regarding Claim 36, Burns teaches the limitations of claim 30, as described above, and further teaches wherein the first plunger comprises a plunger lip (Ref. 40f, Fig. 3), wherein the first plunger cavity comprises a cavity lip (examiner interprets the cavity lip as an edge of inner part of the trigger) and wherein the first biasing member is disposed around the first plunger, and maintained between the plunger lip and cavity lip.
Regarding Claim 37, Burns teaches the limitations of claim 36, as described above, and further teaches wherein the first plunger comprises a second plunger end (Fig. 3, second plunger end is at the top portion near the plunger cap (40g)), and a plunger hollow (Ref. 40d, Fig. 3 shows a hollow) closed at the first plunger end and engaged with a plunger cap (Ref. 40g, Fig 3) at the second plunger end (Fig. 3).
Regarding Claim 38, Burns teaches the limitations of claim 21, as described above, and further teaches wherein the first plunger comprises a plunger lip (Ref. 40f, Fig. 3), wherein the first plunger cavity comprises a cavity lip (examiner interprets the cavity lip as an edge of inner part of the trigger), and wherein the first bias member is disposed around the first plunger (fig. 3), and maintained between the plunger lip and the cavity lip (Fig. 3).
Regarding Claim 39, Burns teaches the limitations of claim 38, as described above, and further teaches wherein the first plunger further comprises a second plunger end (Fig. 3, second plunger end is at the top portion near the plunger cap (40g)), a plunger hollow (Ref. 40d, Fig. 3 shows a hollow), and a plunger cap (Ref. 40g, Fig. 3) engaged with the second plunger end (Fig. 3), wherein the plunger cap is configured to limit the range of motion (Fig. 3&7).
Regarding Claim 40, Burns teaches the limitations of claim 23, as described above, and further teaches wherein the first plunger comprises a plunger lip (Ref. 40f, Fig. 3), wherein the first plunger cavity comprises a cavity lip (examiner interprets the cavity lip as an edge of inner part of the trigger), and wherein the first bias member is disposed around the first plunger (fig. 3), and maintained between the plunger lip and the cavity lip (fig. 3).
Regarding Claim 41, Burns teaches the limitations of claim 40, as described above, and further teaches wherein the first plunger further comprises a second plunger end (Fig. 3, second plunger end is at the top portion near the plunger cap (40g)), and a plunger hollow (Ref. 40d, Fig. 3 shows a hollow) closed at the first plunger end and engaged with a plunger cap (Ref. 40g, Fig. 3) at the second plunger end (Fig. 3).
Double Patenting
Claims 21, 23, 24, & 30 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 18 of copending Application No. 17/542,074 in view of Mason. Mason teaches a primary deadman signal device (Ref. 67, Fig. 3, [0041&0059]); a biased member configured to facilitate the first movable plunger engaging the primary deadman valve ([0058] describes the lock flap biased by a resilient member, Fig. 2-5); wherein the first bias member facilitates a range of motion of the trigger member ([0058] describes the lock flap biased by a resilient member) while the first plunger is engaged with the primary signal device (Fig. 5).
This is a provisional nonstatutory double patenting rejection.
Response to Arguments
Applicant’s arguments, see the pre-appeal conference, filed 27 February, 2025, with respect to the rejection(s) of claim(s) 21-41 under 35 USC 102&103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a reinterpretation is made in view of Mason.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Mehta (3,534,444), Nguyen (2012/0273701), Roden (2013/0157546), Roden (8,961,271), Trull (2017/0225297), and Nguyen (2018/0130613) teaches abrasive blasting systems with deadman valves and can be considered analogous art because they are within the same field of endeavor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANA L POON whose telephone number is (571)272-6164. The examiner can normally be reached on General: 6:30AM-3:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached on (313) 446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANA LEE POON/Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723