FINAL OFFICE ACTION
This application has been assigned or remains assigned to Technology Center 1700, Art Unit 1774 and the following will apply for this application:
Please direct all written correspondence with the correct application serial number for this application to Art Unit 1774.
Telephone inquiries regarding this application should be directed to the Electronic Business Center (EBC) at http://www.uspto.gov/ebc/index.html or 1-866-217-9197 or to the Examiner at (571) 272-1139. All official facsimiles should be transmitted to the centralized fax receiving number (571)-273-8300.
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 .
Election/Restriction Requirement
Applicant’s election without traverse of SPECIES A - claims 1-8 in the reply filed on 22 OCT 2025 is acknowledged. Nonelected claims 9-20 have been cancelled without prejudice.
Priority
Acknowledgment is made of applicant's claim for domestic priority under 35 U.S.C. § 119(e).
Specification
The amended abstract is approved
The revised title of the invention is approved.
Claim Rejections - 35 U.S.C. § 112(b)
Withdrawn.
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.
Claims 1 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2018-100567 A that discloses a concrete vibrator comprising a housing 9, 21, 23 with first and second opposed ends - Figures 4a, 4b; a first surface extending between the opposed ends with a handle 21a extending from this first surface; a strap 27 coupled to the housing; an electric motor 5 coupled via 15 to the housing 9; a flexible motor shaft between 5 and 7 having a first shaft end coupled to the electric motor 5 and extending from an end 21 (Figure 3) and an opposite, second driven shaft end; a vibrator head 33 coupled to the second shaft end of the flexible shaft, the vibrator head configured to receive torque from the electric motor and the flexible shaft to cause the vibrator head to vibrate; wherein the concrete vibrator is capable of being operable in a messenger bag configuration in which the strap is used to carry the concrete vibrator with the housing in a horizontal orientation by an operator; and a battery pack 11 or 11, 11 disposed within a battery receptacle/holder defined on the housing at a second surface of the housing and with the second surface being adjacent the first surface (Figures 3-4); the second surface extending between the first housing end and the second housing end; the battery pack 11 or 11, 11 configured to provide electric current to the electric motor 5 to drive the electric motor 5 and thus the vibrator head;
and wherein the concrete vibrator is operable in a briefcase configuration in which the housing is supportable in the horizontal orientation via the handle 21a providing the support for the concrete vibrator.
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Claims 1, 3, 4, 5, 6, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by YUEDA (US 2022/0021065 A1) that discloses a concrete vibrator 1 (¶ [0046] - [0047]) comprising a housing 2 with first and second opposed ends as anotated in the Figures below; a first surface extending between the opposed ends with a handle 6, 60, 61 extending from this first surface (see annotated drawing); a strap or belt [0059] coupled to the housing; an electric motor 10 coupled to the housing 2; a flexible motor shaft 47 (within 14) having a first shaft end coupled to the electric motor 10 and extending from a first housing end (proximate 12) and an opposite, second driven shaft end; a vibrator head [0054] coupled to the second shaft end of the flexible shaft, the vibrator head configured to receive torque from the electric motor 10 and the flexible shaft to cause the vibrator head to vibrate; wherein the concrete vibrator 1 is capable of being operable in a messenger bag configuration by an operator (hanging from the belt/strap) in which the strap is used to carry the concrete vibrator with the housing in a horizontal orientation [0059]; and a battery pack 90 disposed within a battery receptacle/holder 7, 8 defined on the housing at a second (lower) surface of the housing and with the second surface being adjacent (i.e., on the other side of the first surface); the second surface including 7, 8, and the wall in which 36 and 55 are disposed extending between the first housing end (proximate 12 in Figure 2); and the second housing end (the left end of the housing below 3 in Figure 2); the battery pack 90 configured to provide electric current to the electric motor 10 to drive the electric motor 10 and the flexible shaft and thus the vibrator head;
wherein the handle includes a first handle end 2a having a first attachment feature at 62 (reference character 62 located at the 3 o’clock position in Figure 1 and at the 2 o’clock position in Figure 2) and a second handle end having a second attachment feature at 62 (reference character 62 located at the 9 o’clock position in Figure 2), the strap/belt having a first strap end configured to be coupled to the first attachment feature 62 and a second strap end configured to be coupled to the second attachment feature 62 [0059];
wherein the first handle end 2a of the handle is bifurcated at the first end to define a first arm and a second arm spaced from the first arm bifurcated by 62 and the first attachment feature is a post 62 extending between the first arm and the second arm as seen in Figure 1 at the 9 o’clock position;
wherein the concrete vibrator 1 is capable of being operated in a briefcase configuration by an operator wherein the housing 2 is supportable in a horizontal orientation with the handle providing support for the concrete vibrator 1 (as in Figure 1);
wherein the first housing end proximate 12 includes a front surface from which the first shaft end protrudes (Figures 1-2); wherein the second housing end below 3 includes an opposite rear surface, and wherein the first surface and the second surface are two of a plurality of side surfaces spanning the front surface and the rear surface capable of coupling the strap/belt thereto.
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Allowable Subject Matter
None.
Conclusion
The arguments filed 11 JUNE 2026 have been considered but are unpersuasive. Applicant argues the claimed arrangement is not disclosed by the applied prior art and thus fail to disclose the claimed arrangement because the references disclose designs that are wholly different in configuration from a concrete vibrator operable in a messenger bag configuration and having the specified relationship between the handle, the flexible shaft, and the battery pack of amended independent claim 1.
However, Applicant has chosen very broad claim terms devoid of any specificity to define the invention such as “end” and “surface” to define the housing and the “claimed arrangement”. Perhaps the only broader language envisioned would be “element”, “part”, “thing”, “item”, “accumulation of mass” or the like, ad nauseum. As noted in the rejections, such ends and surfaces can be selected at will within the prior art vibrators to meet such broad claim language as seen in the annotated Figures above of the prior art vibrators. Accordingly, it is not seen how the broad amended claims distinguish over the prior art vibrator devices so. . .
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 C.F.R. § 1.136(a).
Per Rule 1.116(b)(3): “An amendment touching the merits of the application or patent under reexamination may be admitted upon a showing of good and sufficient reasons why the amendment is necessary and was not earlier presented.” Thus, an amendment after final lacking such showing will be denied entry.
A SHORTENED STATUTORY PERIOD FOR RESPONSE TO THIS FINAL ACTION IS SET TO EXPIRE THREE MONTHS FROM THE DATE OF THIS ACTION. IN THE EVENT A FIRST RESPONSE 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 EXTENSION FEE PURSUANT TO 37 C.F.R. § 1.136(a) WILL BE CALCULATED FROM THE MAILING DATE OF THE ADVISORY ACTION. IN NO EVENT WILL THE STATUTORY PERIOD FOR RESPONSE EXPIRE LATER THAN SIX MONTHS FROM THE DATE OF THIS FINAL ACTION. ANY RESPONSE FILED AFTER THE MAILING DATE OF THIS FINAL REJECTION WILL BE SUBJECT TO THE PROVISIONS OF MPEP 714.12 AND 714.13 - NO EXCEPTIONS.
NOTE: The examiner of record follows the interview after-final policy set forth in MPEP 713.09:
Normally, one interview after final rejection is permitted. However, prior to the interview, the intended purpose and content of the interview [agenda] should be presented briefly, preferably in writing. Such an interview may be granted if the examiner is convinced that disposal or clarification for appeal may be accomplished with only nominal further consideration. Interviews merely to restate arguments of record or to discuss new limitations which would require more than nominal reconsideration or new search should be denied. (emphasis added)
The agenda will be made of record per PTO policy.
New USPTO policy limits time for interviews to one per new application or RCE (utility), when during prosecution, the examiner conducts an interview. More than one interview and additional time will only be granted if it is ensured “that the interviews are being used to advance prosecution”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES COOLEY whose telephone number is (571)272-1139. The examiner can normally be reached M-F 9:30 AM - 6:00 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. New USPTO policy limits time for interviews to one per new application or RCE (utility), when during prosecution, the examiner conducts an interview. More than one interview and additional time will only be granted if it is ensured “that the interviews are being used to advance prosecution”.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CLAIRE X. WANG can be reached at 571-272-1700. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHARLES COOLEY/
Examiner, Art Unit 1774
DATED: 14 AUG 2026
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Prosecution Insights