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 . 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 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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/21/2025 has been considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Species B, Figures 19-21 in the reply filed on 10/21/2025 is acknowledged. Claims 3, 4 and 21 were withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species A, there being no allowable generic or linking claim.
Examiner notes Claim 20 to also include limitations specific to species A, similar to claim 3 withdrawn by the applicant, has also been withdrawn.
-Examiner Notes Claims 2-35 are withdrawn due to structural recitations within the claims directed to Species A, Figures 9-13. Dependent Claim 2 and Independent Claim 19 each respectively require the structural limitations of a shoe pad and a locking pad. Both of these structural elements appear to only be found within the withdrawn embodiment (Figures 9-13). Paragraphs 0043-0047 provide further details and correlate the claimed language such as the shoe pad (66) and the locking pad (68). However, the elected species of Figures 18-21 does not use such language, and the elected species uses different structural identifiers and different reference characters entirely. As claims 3-18 depend from the structure of claim 2, and claims 20-35 depend from claim 19, claims 2-35 are withdrawn due to structural relations to a non-elected embodiment.
Specification
The disclosure is objected to because of the following informalities:
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because the abstract exceeds the limit of 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “said support base having an edge extending from at least one of said guide rails adjacent one of said first and second ends, said edge being adapted to engage a side of the workpiece and to slide along the side of the workpiece” of claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 1 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 limitation "said plate" in line 9. There is insufficient antecedent basis for this limitation in the claim.
-Regarding claim 1, the phrase “said support base is then moved along said workpiece with the tool positioned a spaced distance from the side of the workpiece” is unclear. Examiner notes the claims to be directed to an apparatus of a power tool guide, and neither the power tool, nor the workpiece is positively claimed. As such, any limitations regarding the power tool and workpiece will be treated as intended use, and any tool guide is capable of use with a variety of power tools and workpieces.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Collins (U.S. Patent No. 5,080,152).
Regarding claim 1, Collins teaches a power tool guide comprising:
a tool plate (30, 50) adapted to receive a power tool, said plate having a power tool engagement clamp adapted to engage a power tool and connect the power tool to said tool plate;
said tool plate having opposed channels (26)(Figures 1 and 7; Col. 3, Lines 56-64) and a control lock (72)(Figure 1 and Col. 6, Lines 32-49);
a support base (14) having opposed guide rails (20)(Figure 1), each of said guide rails having first and second ends (X1, X2; See annotated Figure 1 below), said tool plate opposed channels being removably mounted (Via brackets 22 and socket aperture 23) upon said support base opposed guide rails between said first and second ends, said channels allowing said plate to slide upon said opposed guide rails,
said control lock locking said tool plate with respect to said support base at a desired position along said opposed guide rails a spaced distance from said first and second ends (Figure 1, 2 and 7 and Col. 6, Lines 32-49),
said support base having an edge extending from at least one of said guide rails adjacent one of said first and second ends, said edge being adapted to engage a side of the workpiece and to slide along the side of the workpiece (See Figures 1 and 4; Examiner notes the support base has an edge (See reference character 14 in Figure 1 noting the edge surface) that extends from the positioning of the guide rail 20 and adjacent to the second end X2 (Annotated Figure 1 below) and the edge is capable of engaging a workpiece such that the edge slides upon a side of the workpiece);
whereby said tool plate is positioned upon said support base, said tool plate is locked a spaced distance from said first and second ends (See annotated Figure 1 below), said support base is then moved along said workpiece with the tool positioned a spaced distance from the side of the workpiece (Figures 1 and 3; Examiner notes the support base is capable of movement along a workpiece, with the power tool spaced a distance from a side of the workpiece. As the workpiece is not directly claimed, the limitation is capable of performing such an action with a variety of unclaimed workpieces).
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Related Prior Art
Below is an analysis of the relevance of references cited but not used
- "892 cited references A-M on pages 1-2 and A-E on Page 3 establish the state of the art with a variety of power tool guides with different means of attachment to power tools using a variety of locks and clamps.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD D CROSBY JR whose telephone number is (571)272-8034. The examiner can normally be reached Monday-Friday 8:00-4:00.
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, Boyer Ashley can be reached at (571) 272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD D CROSBY JR/ 02/04/2026 Examiner, Art Unit 3724