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 8 and 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 8 recites the limitation “a support portion with an annular convex…”. The metes and bounds of a support portion with an annular convex are unclear, as it is unclear how a portion has an annular convex.
Claim 9 recites the limitation "the second installation through hole" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the claim is referring to the second mounting through hole or an additional hole/portion of a hole.
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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ojanen et al. (US 2013/0026810).
With respect to claim 1, Ojanen et al. disclose a chisel (10) with double limit discs, comprising a holding seat (12) and a bit mounted on the holding seat (24), the bit comprising a head (34) and an extension (32) provided on the lower side of the head (34), the bottom of the head (34) having a head support surface (36), and the upper end surface of the holding seat (12) having a stress surface (18), wherein, a first limit disc (142) and a second limit disc (144) arranged up and down are mounted between the holding seat (12) and the head (34), the middle of the first limit disc (142) having a first mounting through hole (see figure 5, hole in 142), and the middle of the second limit disc (144) having a second mounting through hole (see figure 5, hole in 144), the second limit disc (144) being partially concaved or partially convexed with the first limit disc (142) (see figure 5, wherein the shape towards the hole provides partially concaved or partially convexed with the first limit disc); the extension (32) passes through the first mounting through hole and the second mounting through hole (see figure 5).
With respect to claim 2, Ojanen et al. disclose the second limit disc (144) is partially concaved with the first limit disc (142) (see figure 5); the lower side of the first limit disc (142) has a lower surface (lower surface) and a positioning portion (portion that connects with 144), the positioning portion being an annular convex arranged on the lower edge of the first mounting through hole (see figure 5, and also figures 3 and 4 for shape of disc); the upper side of the second limit disc has a force guide surface and a guide portion (see figure 3-5), the guide portion being an annular concave arranged along the upper edge of the second mounting through hole (see figures 3-5); the lower surface of the second limit disc has an annular support surface (see figure 3-5, lower surface of disc 144 considered annular support surface).
With respect to claim 3, Ojanen disclose the positioning portion of the first limit disc is matched with the guide portion of the second limit disc (see figures 3-5).
With respect to claim 4, Ojanen disclose a central axis L1 of the first mounting through hole coincides with a central axis L2 of the second mounting through hole (see figure 5); the first limit disc and the second limit disc are freely rotatable with each other around the central axis L1 or L2 (see paragraph 24, wherein 40 (and also washer embodiments 142, 144) rotate).
With respect to claim 5, Ojanen disclose the first mounting through hole is the same as the second mounting through hole in diameter (see figure 5), and the first mounting through hole and the second mounting through hole are matched with an extension of the chisel (see figure 5).
With respect to claim 6, Ojanen disclose wherein, the upper surface of the first limit disc is in contact with the head support surface of the chisel (see figure 5); the lower surface of the first limit disc is in contact with the force guide surface of the second limit disc (see figure 5), and the support surface of the second limit disc is in contact with the stress surface of the holding seat (see figure 5).
With respect to claim 7, Ojanen disclose the lower side of the second limit disc is provided with a concave portion (see figure 3, bottom surface is concave) along the second mounting through hole, the concave portion comprises an inner upper limit surface (surface labeled as 44 in figure 3) and an outer sloped transition surface (sloped underside surface as shown in figure 3).
With respect to claim 8, as best understood, Ojanen disclose wherein, the upper end surface of the holding seat has a support portion (surface of seat) with an annular convex (bore 20), the support portion is matched embedded in the concave portion (see figure 5), and there is a clearance between the support portion and the concave portion (see figure 5, when assembled there would be clearance to allow rotation).
Allowable Subject Matter
Claim 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
With respect to claim 9, the closest prior art Ojanen does not disclose “the lower side of the second limit disc is provided with a convex portion along the second installation through hole…” in combination with the other limitations of the claim and the claims it depends from.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE A COY whose telephone number is (571)272-5405. The examiner can normally be reached Monday-Friday 6am-3:30pm.
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/Nicole Coy/ Supervisory Patent Examiner, Art Unit 3672