DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In view of the supplemental appeal brief filed on 5/8/2026, PROSECUTION IS HEREBY REOPENED. New grounds of rejection are set forth below.
To avoid abandonment of the application, appellant must exercise one of the following two options:
(1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or,
(2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid.
A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below:
/DAVID S POSIGIAN/ Supervisory Patent Examiner, Art Unit 3723
Claim Rejections - 35 USC § 102
2. 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 18-21, 24 and 37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vemuri (U Patent 9017441).
Regarding claim 18, Vemuri teaches a dust container holder (fig. 2 and fig. 8, structures indicated by elements 35, 37, 39, 41 and 220 are interpreted as the dust container holder, wherein Vemuri teaches the upper portion 35 of the disposable bag embodiment is substantially the same as is shown in fig. 1 and 7 and includes barrel 37, hopper 39, neck 41 and valve 70 (col. 5, lines 62-67)), the dust container holder comprising a tubular body (fig. 2 and fig. 8) extending between a first end perimeter (fig. 2, perimeter annotated by element number 121) and a second end perimeter (see annotated fig. 8 below),
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wherein a flange portion (fig. 2, annular seat 117) extends radially inwards from a majority portion of the first end perimeter (as shown in fig. 2, wherein Vemuri teaches the upper portion 35 of the disposable bag embodiment is substantially the same as is shown in fig. 1 and 7 and includes barrel 37, hopper 39, neck 41 and valve 70 (col. 5, lines 62-67)), and wherein a groove portion (see annotated fig. 8 above) extends radially outwards in connection to the second end perimeter (see annotated fig. 8 above, wherein the annotated groove portion expands in the radial direction in connection to the second end perimeter), wherein the groove portion is configured to hold a dust container (bag 240, figs. 8 and 9).
Regarding claim 19, Vemuri teaches the claimed invention as rejected above in claim 18. Additionally, Vemuri teaches the dust container holder according to claim 18, arranged to be fitted onto a hatch mechanism by pushing the first end perimeter over the hatch mechanism (Because the preamble of the claim is only drawn to the dust container holder, the dust container holder must only be capable of the language. The dust container holder of Vemuri is capable of being fitted onto a hatch mechanism by pushing the first end perimeter (as interpreted above, including perimeter indicated by 121) over the hatch mechanism.), wherein the flange portion is configured to hold the dust container in position by entering in-between first and second flange portions of the hatch mechanism (Because the preamble of the claim is only drawn to the dust container holder, the dust container holder must only be capable of this language. The dust container holder, as interpreted, is capable of providing wherein the flange portion is configured to hold the dust container in position by entering in-between first and second flange portions of the hatch mechanism. The examiner recommends a system claim format for positively requiring the hatch mechanism).
Regarding claim 20, Vemuri teaches the claimed invention as rejected above in claim 18. Additionally, Vemuri teaches comprising a protective shroud (fig. 9, elastic band 213 is interpreted as the protective shroud) arranged to at least partly cover the dust container when received in the groove portion (fig. 9, the elastic band 213 at least partly covers the bag 240 when received in the groove portion).
Regarding claim 21, Vemuri teaches the claimed invention as rejected above in claim 20. Additionally, Vemuri teaches wherein the protective shroud is formed in a resilient material allowing the protective shroud to be folded over the dust container received in the groove portion (Vemuri teaches the band 213 is elastic, which allows the band to be folded over a bag received in the groove portion)),
wherein the protective shroud has an outer diameter larger than an outer diameter of the dust container (the prior art is not required to teach this limitation because the language recites the term “or”. However, the band 213 has an outer diameter which is larger than the outer diameter of the bag 240 at the place where the bag is held by the band 213 (fig. 9)), or
wherein the protective shroud has an inner diameter smaller than an inner diameter of the dust container (the prior art is not required to teach this limitation because the language recites the term “or”. However, the band 213 has an inner diameter which is smaller than an inner diameter of the lower part of the bag 240 (fig. 9)).
Regarding claim 24, Vemuri teaches the claimed invention as rejected above in claim 20. Additionally, Vemuri teaches wherein the protective shroud is formed in rubber or a pliable plastic material (the prior art is not required to teach this limitation because the language recites the term “or”.),
wherein the protective shroud is formed in a disposable material (the elastic band 213 is capable of being disposed. Therefore, the band 213 is formed in a disposable material),
wherein the protective shroud is arranged to envelope a pre-separator at an end opposite to a dust extractor lid, and to be elastically held in position relative to the pre- separator (the prior art is not required to teach this limitation because the language recites the term “or”.), or
wherein the dust container holder is configured with an annular shape, and having a U- shaped cross-section (the prior art is not required to teach this limitation because the language recites the term “or”.).
Regarding claim 37, Vemuri teaches a dust container holder (fig. 2 and fig. 8, structures indicated by elements 35, 37, 39, 41 and 220 are interpreted as the dust container holder, wherein Vemuri teaches the upper portion 35 of the disposable bag embodiment is substantially the same as is shown in fig. 1 and 7 and includes barrel 37, hopper 39, neck 41 and valve 70 (col. 5, lines 62-67)), the dust container holder comprising a tubular body (fig. 2 and fig. 8) extending between a first end perimeter (fig. 2, perimeter annotated by element number 121) and a second end perimeter (see annotated fig. 8 below),
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wherein a flange portion (fig. 2, annular seat 117) extends radially inwards from an entirety of the first end perimeter (as shown in fig. 2, wherein Vemuri teaches the upper portion 35 of the disposable bag embodiment is substantially the same as is shown in fig. 1 and 7 and includes barrel 37, hopper 39, neck 41 and valve 70 (col. 5, lines 62-67)), and wherein a groove portion (see annotated fig. 8 above) extends radially outwards in connection to the second end perimeter (see annotated fig. 8 above, wherein the annotated groove portion expands in the radial direction in connection to the second end perimeter), wherein the groove portion is configured to hold a dust container (bag 240, figs. 8 and 9).
Claim Rejections - 35 USC § 103
3. 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 36 is rejected under 35 U.S.C. 103 as being unpatentable over Vemuri (US Patent 9017441) in view of North (US Patent 6818033).
Regarding claim 36, Vemuri teaches a dust container holder (fig. 2 and fig. 8, structures indicated by elements 35, 37, 39, 41 and 220 are interpreted as the dust container holder, wherein Vemuri teaches the upper portion 35 of the disposable bag embodiment is substantially the same as is shown in fig. 1 and 7 and includes barrel 37, hopper 39, neck 41 and valve 70 (col. 5, lines 62-67)), the dust container holder comprising a tubular body (fig. 2 and fig. 8) extending between a first end perimeter (fig. 2, perimeter annotated by element number 121), wherein a flange portion (fig. 2, annular seat 117) extends radially inwards (Ri) from a majority portion of the first end perimeter (as shown in fig. 2, wherein Vemuri teaches the upper portion 35 of the disposable bag embodiment is substantially the same as is shown in fig. 1 and 7 and includes barrel 37, hopper 39, neck 41 and valve 70 (col. 5, lines 62-67)).
Vemuri does not explicitly teach wherein the dust container holder is closed at an end opposite to the first end perimeter to form a bucket.
However, North teaches a dust/particle collecting arrangement for cyclone separators, wherein the assembly (fig. 1a) includes a dust container holder (dust and dirt collecting drum 14) which is attached to the upper region 12 via a push-fit (col. 3, lines 21-25). Additionally, North teaches wherein the dust container holder is closed at an end opposite to the first end perimeter to form a bucket (fig. 1a, wherein the dust and dirt collecting drum 14 is closed at an end opposite to the first end perimeter to form a bucket).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Vemuri to incorporate the teachings of North to provide wherein the dust container holder is closed at an end opposite to the first end perimeter to form a bucket. Specifically, it would have been obvious to modify the dust container holder of Vemuri such that it is closed at an end opposite to the first end perimeter to form a bucket (as taught by North). Doing so would provide a reusable dust container instead of relying on disposable bags (of Vemuri). Additionally, doing so would provide a stronger casing of the dust container, which prevents the dust container from being punctured and leaking the contents back to the surroundings.
Response to Arguments
4. Applicant’s arguments, see supplemental appeal brief, filed 5/8/2026, with respect to the rejection(s) of independent claims 18, 36 and 37 under 35 USC 102 or 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Vemuri (US Patent 9017441) or Vemuri (US Patent 9017441) in view of North (US Patent 6818033).
Specifically, arguments directed towards the extension of the flange portion as claimed and arguments directed towards what structure qualifies as a flange portion have been found persuasive.
However, Vemuri has been reinterpreted to teach
a dust container holder (fig. 2 and fig. 8, structures indicated by elements 35, 37, 39, 41 and 220 are interpreted as the dust container holder, wherein Vemuri teaches the upper portion 35 of the disposable bag embodiment is substantially the same as is shown in fig. 1 and 7 and includes barrel 37, hopper 39, neck 41 and valve 70 (col. 5, lines 62-67)), the dust container holder comprising a tubular body (fig. 2 and fig. 8) extending between a first end perimeter (fig. 2, perimeter annotated by element number 121) and a second end perimeter (see annotated fig. 8 below),
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wherein a flange portion (fig. 2, annular seat 117) extends radially inwards from a majority portion of the first end perimeter (as shown in fig. 2, wherein Vemuri teaches the upper portion 35 of the disposable bag embodiment is substantially the same as is shown in fig. 1 and 7 and includes barrel 37, hopper 39, neck 41 and valve 70 (col. 5, lines 62-67)).
In summary, annular seat 117 of fig. 2 has been reinterpreted as teaching the flange portion which extends radially inwards from a majority/entirety of the first end perimeter 121. The dependent claims have been rejected accordingly. See above rejection for more details.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A GUMP whose telephone number is (571)272-2172. The examiner can normally be reached Monday- Friday 9:00-5:30.
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, David Posigian can be reached at (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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/MICHAEL A GUMP/Primary Examiner, Art Unit 3723
Prosecution Insights