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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/23/2026 has been entered.
Claim Objections
Claims 6 and 21 are objected to because of the following antecedent basis informalities:
Claim 6, ll. 6, consider amending to:
--the at least one angle from [[a]]the range of angles relative to the base.—
Claim 21, ll. 7-14, consider amending to:
--a clamping plate operably engaged with the pivot table;
at least one adjustment assembly operably engaged with the clamping plate, and
a clamping strap operably engaged with the at least one adjustment assembly;
wherein the least one adjustment assembly having a knuckle pivotably engaged with the clamping plate, a threaded rod operably engaged with the knuckle and the clamping strap, and a locking knob threadably engaged with the threaded rod opposite to the knuckle and operably engageable with the clamping strap;
wherein the clamping plate, the at least one adjustment assembly, and the clamping strap are adapted to secure the handheld sander between the clamping plate and the clamping strap--
Appropriate correction is required.
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 12-13 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 12 recites, “wherein the at least another adjustment assembly is configured to linearly move the clamping strap relative to the clamping strap” which renders the claim indefinite. It is unclear to the Examiner how the same structure moves relative to itself. As best understood and for examination purposes, the at least another adjustment assembly is configured to linearly move the clamping strap relative to the clamping plate (--wherein the at least another adjustment assembly is configured to linearly move the clamping strap relative to the clamping plate--).
Claim 13 is rejected accordingly under 35 USC 112(b) since it is dependent on claim 12.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 4 recites, “at least one pivot pin pivotably engaging the pivot table with the upright member; wherein the pivot table, the clamping assembly, and the handheld sander are configured to collectively rotate about the at least one pivot pin.” This limitation does not constitute a further limitation since claim 1 already requires at least one pivot pin and for the pivot table, clamping assembly, and handheld sander to collectively rotate about the pivot pin. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-3, 5-7, 9-10, and 12 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Chern (US Patent No. 4,953,839).
Regarding claim 1, Chern (US Patent No. 4,953,839) discloses an adjustable mount (figs. 4-8) for a handheld sander, comprising:
a base (item 20; fig. 4) adapted to engage with a work table (base 20 is capable of engaging with work table during use), and having an upright member (includes items 22, 23; fig. 4);
a pivot table (item 30; figs. 4-5) pivotably engaged with and is moveable relative to the upright member of the base (via item 38; fig. 4; col. 4, ll. 20-24 and col. 4, ll. 17-29);
a clamping assembly (includes items 40, 50, 100, 110; figs. 4 and 6) operably engaged with the pivot table (clamping assembly operably slides along pivot table 30 to clamp object; col. 4, ll. 3-14); and
at least one pivot pin (item 38; fig. 4) pivotably engaging the pivot table with the upright member (col. 3, ll. 20-23; figs. 9-10);
wherein the pivot table, the clamping assembly, and the handheld sander are collectively rotatable about the at least one pivot pin (when handheld sander is secured within clamping assembly, pivot table 30, clamping assembly, and sander rotate about pivot pin 38 simultaneously; figs. 9-10) and relative to the base (col. 4, ll. 17-21; figs. 9-10).
The recitations “for a handheld sander” and “for securing the handheld sander with the adjustable mount” and “for providing the handheld sander at least one ergonomic position” are considered to be intended use limitations. The applicant is reminded that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claim, as is the case here; refer to MPEP 2114-II. In the instant case, the adjustable mount is capable of securing a handheld sander, e.g. a square-shaped sander, a portion of the handheld sander, and/or a handle of the handheld sander, on the pivot table within the clamping assembly structure.
Regarding claim 2, Chern discloses the adjustable mount as claimed in claim 1, wherein the pivot table is releasably secured with the base (via items 38, 382, 60, 62; fig. 4) to collectively maintain the pivot table, the clamping assembly, and the handheld sander at least one angle (the pivot table 30, the clamping assembly, and the handheld sander are capable of being angularly adjusted via items 38, 382 and maintained via items 60, 62 relative to base 20; col. 4, ll. 17-27) from a range of angles (defined as angles along angular scale 342; figs. 9-10; col. 4, ll. 19-20) relative to the base (figs. 9-10).
Regarding claim 3, Chern discloses the adjustable mount as claimed in claim 1, wherein the base comprises:
a first foot (designated in annotated fig. 4 below) fixedly engaged with a first end of the upright member (first foot directly engages with first end of upright member, i.e. item 22 end; fig. 4) and being entirely planar that is adapted to rest on the work table (first foot is planar on all sides and capable of engaging work table surface; figs. 4 and 6); and
a second foot (designated in annotated fig. 4 below) fixedly engaged with a second end of the upright member (second foot directly engages, i.e. extends off from, second end of upright member, i.e. item 23 end of upright member; fig. 4) longitudinally opposite to the first end (longitudinal designated in annotated fig. 4 below; first end 22 and second end 23 are opposite to each other along longitudinal of base 20; fig. 4) and being entirely planar that is adapted to rest on the work table (second foot is planar on all sides and capable of engaging work table surface; figs. 4 and 6);
wherein the upright member, the first foot, and the second foot define monolithic unit (upright member 22, 23, first foot, and second foot define a single body, i.e. base 20; fig. 4).
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Chern Annotated Fig. 4.
Regarding claim 5, Chern discloses the adjustable mount as claimed in claim 1, further comprising:
at least one locking member (items 60, 62; figs. 4 and 9-10) releasably securing the pivot table with the upright member to collectively maintain the pivot table, the clamping assembly, and the handheld sander at least one angle (when pivot table 30 is at desired position relative to base 30, locking member 60, 62 is tightened against surface to reduce downward pivot of pivot table 30; col. 4, ll. 21-27) from a range of angles relative to the base (defined as body 30 inclined with respect to base 30 between 20 and 90 degrees; col. 4, ll. 28-30; figs. 9-10).
Regarding claim 6, Chern discloses the adjustable mount as claimed in claim 5, wherein the base further comprises:
at least one slot (items 223, 233; fig. 4) defined in the upright member vertically above one of the first foot and the second foot (slots 223, 233 are vertically above first and second foots; fig. 4);
wherein the at least one locking member rides inside of the at least one slot (when assembled, a portion of locking member, i.e. item 62, rides inside slots 223, 233 to tighten at respective angles; figs. 6 and 9-10) for collectively maintaining the pivot table, the clamping assembly, and the handheld sander at said at least one angle from the range of angles relative to the base (col. 4, ll. 21-27; portion of locking member 62 tightens within slot 223, 233 to secure pivot table 30, clamping assembly, and handheld sander at desired angle; figs. 9-10).
Regarding claim 7, Chern discloses the adjustable mount as claimed in claim 3, wherein each of the first foot and the second foot are adapted to be mounted to the work table via a clamping tool (both the first and second foot of the base 20 are capable of being mounted to a work table during use via a clamping tool, not explicitly shown).
Regarding claim 9, Chern discloses the adjustable mount as claimed in claim 1, wherein the clamping assembly comprises:
a clamping plate (item 100; figs. 3 and 6) operably engaged with the pivot table (clamping plate 100 directly engages with pivot table 30 and operably moves in effect with the pivot table 30 moving about pivot);
at least one adjustment assembly (includes items 51, 52, 54, 55; figs. 4 and 6) engaged with the clamping plate (via intermediate components; figs. 4 and 6); and
a clamping strap (item 40; fig. 4) operably engaged with the at least one adjustment assembly (when adjustment assembly 51, 52 rotates, the clamping strap 40 linearly moves through slot on pivot table 30; figs. 4 and 6);
wherein the clamping plate, the at least one adjustment assembly, and the clamping strap are adapted to secure the handheld sander between the clamping plate and the clamping strap (when the at least one adjustment assembly is rotated, the clamping strap is linearly moved along pivot table 30 and capable of securing the handheld sander between the clamping plate 100 and the clamping strap 41; figs. 4-6).
Regarding claim 10, Chern discloses the adjustable mount as claimed in claim 9, wherein the clamping strap is moveably adjustable relative to the clamping plate via the at least one adjustment assembly (col. 4, ll. 3-10; clamping strap 40 is linearly moveable relative to clamping plate 100, i.e. clamping strap moves toward and away from the clamping plate 100, once adjustment assembly 51, 52 is moved via user).
Regarding claim 12, as best understood, Chern discloses the adjustable mount as claimed in claim 9, further comprising:
at least one another adjustment assembly (second items 51, 52 on opposing side of bevel gear 55; fig. 4) operably engaged with the clamping plate (via intermediate components; figs. 4 and 6) and adjacent to the at least one adjustment assembly (both adjustment assemblies are next to, i.e. adjacent, one another and connected via bevel gear 55; figs. 4 and 6);
wherein the at least another adjustment assembly is configured to linearly move the clamping strap relative to the clamping plate for securing the handheld sander between the clamping plate and the clamping strap (col. 4, ll. 3-10; clamping strap 40 is linearly moveable relative to clamping plate 100, i.e. clamping strap moves toward and away from the clamping plate 100, once adjustment assembly 51, 52 is moved via user by handle 54).
Claim Rejections - 35 USC § 103
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 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chern (US Patent No. 4,953,839) in view of Yonge (US Patent No. 693,111).
Regarding claim 8, Chern discloses the adjustable mount as claimed in claim 3. Chern does not explicitly disclose at least one mounting mechanism operably engaging one of the first foot and the second foot with the work table via at least one hole defined in the work table; the at least one mounting mechanism having a fastener engaging with one of the first foot and the second foot and with the work table, and a locking knob releasably securing with one of the first foot and the second foot with the work table.
However, Yonge (US Patent 693,811) teaches an adjustable mount (figs. 1-2) comprising a base (item 1; figs 1-3) having a first foot (item 3; figs. 1 and 3) and a second foot (item 4; figs. 1 and 3), wherein the base is adapted to engage with a work table (item 6; figs. 1-3), and the adjustable mount further comprising at least one mounting mechanism (defined as fastening mechanism inserted within apertures on first foot 3 and second foot 4; figs. 1 and 3) operably engaged the first foot and the second foot (ll. 49 through ll. 52) with the work table (fig. 1) via at least one hole defined in the work table (fastener extends through aperture first foot 3 and second foot 4 and inserts within aperture of work table 6; fig. 1), wherein the at least one mounting mechanism having a fastener (figs. 1 and 3; ll. 46-50) engaging with the first foot and with the work table (fig. 1), and a locking knob (designated in annotated fig. 1 below, defined as opposing nut on fastener) releasably securing with the first foot with the work table.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the adjustable mount, as disclosed in Chern, to include a releasable mounting mechanism on each first and second foot, as taught in Yonge in order to increase versatility of the adjustable mount and releasably secure the mount to a table, bench, or other support depending on the intended use (Yonge; ll. 45 through ll. 52).
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Yonge Annotated Fig. 1.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Chern (US Patent No. 4,953,839) in view of Guo (CN 110293487), as provided by the Examiner.
Regarding claim 22, Chern discloses the adjustable mount as claimed in claim 1, wherein the clamping assembly comprises a clamping plate (item 32; fig. 5) operably engaged with the pivot table (clamping plate 32 extends from pivot table 30 and operably moves in effect with the pivot table 30 moving about pivot), at least one adjustment assembly (item 50; figs. 4 and 6) engaged with the clamping plate (via items (51, 52; figs. 4 and 6), and a clamping strap (item 40; figs. 4 and 6) operably engaged with the at least one adjustment assembly (when adjustment assembly 51, 52 rotates, the clamping strap 40 linearly moves through slot on pivot table 30; figs. 4 and 6), wherein the clamping plate, the at least one adjustment assembly, and the clamping strap are adapted to secure the handheld sander between the clamping plate and the clamping strap (when the at least one adjustment assembly is rotated, the clamping strap 40 is linearly moved along pivot table 30 and therefore, capable of securing the handheld sander within a portion of the space defined between the clamping plate 32 and the clamping strap 40; figs. 4-6).
Chern does not disclose at least one adjustment assembly pivotably engaged with the clamping plate at a fixed point.
However, Guo (CN’487) teaches an adjustable mount (fig. 1) comprising a base (item 4; figs. 1-4) adapted to engage with a work table (via item 6; fig. 3) and having an upright member (defined as the two opposing upright members on base 4 opposite of item 4; fig. 3), a pivot table (item 1; fig. 1) pivotably engaged with the upright member of the base (pp. [0036] in NPL) , and a clamping assembly (includes items 2, 11, 31, 32, 33, 34; figs. 1-2), wherein the clamping assembly comprises a clamping plate (item 11; figs. 1-2) operably engaged with the pivot table (clamping plate 11 extends from pivot table 1 and operably moves in effect with the pivot table 1 moving about pivot; corresponding to position of clamping plate in Chern), at least one adjustment assembly (includes items 31, 32, 33, 34; figs. 1-2) pivotably engaged with the clamping plate at a fixed point (pp. [0031]; portion of adjustment assembly, i.e. items 321, 322, are hinged to sidewall of clamping plate 11; figs. 1-2), and a clamping strap (item 2; figs. 1-2) operably engaged with at least one adjustment assembly (pp. [0035], when adjustment assembly is adjusted via item 33, the clamping strap 2 is linearly moved along pivot table 1); wherein the clamping plate, the at least one adjustment assembly, and the clamping strap are adapted to secure the handheld sander between the clamping plate and the clamping strap (when the at least one adjustment assembly is rotated, the clamping strap 2 is linearly moved along pivot table 1 and therefore, capable of securing the handheld sander within a portion the space defined between the clamping plate 11 and the clamping strap 2).
Both Chern and Guo disclose means for adjustment assemblies of the clamp to linearly move a clamping strap along a pivot table. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the clamping assembly comprising at least one adjustment assembly with threaded rod and bevel gear, as disclosed in Chern, with the clamping assembly comprising at least one adjustment assembly with parallelogram frame mechanism pivotably coupled to clamping jaws, as taught in Guo, to achieve the predictable result of linearly moving the clamping jaw in order to secure various size workpieces, polishers, sanders, etc.
Allowable Subject Matter
Claim 11 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 11, Chern discloses the adjustable mount as claimed in claim 9, wherein the at least one adjustment assembly comprises a knuckle (item 54; fig. 4) engaged with the clamping plate (via intermediate components), a threaded rod (item 52; fig. 4) operably engaged with the knuckle, and a locking knob (item 51; fig. 1).
Chern, alone or in combination, does not teach, suggest, or make obvious wherein the knuckle is pivotably engaged with the clamping plate, the threaded rod operably engaged with the knuckle and the clamping strap, and the locking knob opposite to the knuckle and operably engageable with the clamping strap, as required by the claim, in combination with all additional elements of the claim.
Claim 13 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 13, Chern discloses the adjustable mount as claimed in claim 12, wherein the at least another adjustment assembly comprises a knuckle (item 54; fig. 4) engaged with the clamping plate (via intermediate components), a threaded rod (item 52; fig. 4) operably engaged with the knuckle, and a locking knob (item 51; fig. 1).
Chern, alone or in combination, does not teach, suggest, or make obvious wherein the knuckle is pivotably engaged with the clamping plate, the threaded rod pivotally engaged with the knuckle and the clamping strap, and the locking knob opposite to the knuckle and operably engageable with the clamping strap, as required by the claim, in combination with all additional elements of the claim.
Lastly, claim 21 would be allowable if rewritten to overcome the objection(s) above.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 21, Guo (CN 110293487) discloses an adjustable mount (Figs. 1-4) for a handheld sander, comprising:
base (item 4; figs. 1-4) adapted to engage with a work table (via item 6; fig. 3) and having an upright member (defined as the two opposing upright members on base 4 opposite of item 4; fig. 3);
a pivot table (item 1; fig. 1) pivotably engaged with the upright member of the base (pp. [0036] in NPL); and
a clamping assembly (includes items 2, 3, 11; figs. 1-2) operably engaged with the pivot table for securing the handheld sander with the adjustable mount (pp. [0035]), the clamping assembly having:
a clamping plate (item 11; figs. 1-2) operably engaged with the pivot table (clamping plate 11 extends from pivot table 1 and operably moves in effect with the pivot table 1 moving about pivot);
at least one adjustment assembly (item 3; figs. 1-2) operably engaged with the clamping plate (clamping plate 11 extends from pivot table 1 and operably moves in effect with the pivot table 1 moving about pivot), the least one adjustment assembly having a knuckle (item 34; fig. 1), a threaded rod (item 33; pp. [0035]; fig. 1) operably engaged with the knuckle (threaded rod 33 inserts through knuckle and engages with internal thread of knuckle; pp. [0035]) and the clamping strap (as threaded rod 33 is rotated, clamping strap 2 is linearly moved), and a locking knob defined as handle of threaded rod 33 in which user rotates to rotate threaded rod; figs. 1-2) threadably engaged with the threaded rod opposite to the knuckle (pp. [0035]; via internal threads of aperture through item 34) and operably engageagble with the clamping strap; and
a clamping strap (item 2; figs. 1-2) operably engaged with at least one adjustment assembly (pp. [0035], when adjustment assembly is adjusted via item 33, the clamping strap 2 is linearly moved along pivot table 1);
wherein the clamping plate, the at least one adjustment assembly, and the clamping strap are adapted to secure the handheld sander between the clamping plate and the clamping strap (when the at least one adjustment assembly is rotated, the clamping strap 2 is linearly moved along pivot table 1 and therefore, capable of securing the handheld sander within a portion the space defined between the clamping plate 11 and the clamping strap 2);
wherein the pivot table, the clamping assembly, and the handheld sander are collectively rotatable relative to the base for providing the handheld sander at least one ergonomic position (pp. [0036]; figs. 1-4).
Guo, alone or in combination, does not teach, suggest, or make obvious wherein the knuckle is pivotably engaged with the clamping plate, and wherein the locking knob is threadably engaged with the threaded rod opposite to the knuckle, as required by the claim, in combination with all additional elements of the claim.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. As necessitated by the amendments, a new grounds of rejection is made in view of Chern (US Patent No. 4,953,839).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Westinghouse (US Patent No. 11,433,524) discloses a clamping assembly comprising a clamping plate, a clamping strap, an adjustment assembly engaged with the clamping plate and comprising a threaded rod operably engage with the clamping strap.
Welz (US Patent No. 2,550,629) discloses an adjustable mount comprising a base, a pivot table pivotably engaged with and movable relative to the base, a clamping assembly operably engaged with the pivot table for securing a handheld sander, and at least one pivot pin pivotably engaging the pivot table with the base.
Kuei (US Patent No. 4,789,146) discloses an adjustable angle mount comprising a base comprising upright members and a first and second foot, a pivot table pivotably engaged with and moveable relative to the base, a clamping assembly operably engaged with the pivot table for securing a handheld sander, and at least one locking member releasably securing the pivot table with the upright member(s).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIDNEY D FULL whose telephone number is (571)272-6996. The examiner can normally be reached Monday-Friday, 7:00a.m.-2:30p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571)272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SIDNEY D FULL/Examiner, Art Unit 3723