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 3, 7, 10 and 14 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.
Claims 3, 7, 10 and 14 each recite on lines 2, 4, 2 and 4 respectively, the phrase “can be” which renders the claim indefinite, as it is unclear if the function after the phrase “can be” is actually being performed or not. Further clarification is needed.
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) 1-5, 8-11 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holdahl US 4,491,162.
In regards to claims 1 and 8, Holdahl discloses a method and apparatus for capturing particulates comprising: deploying a particulate capture system (90) with respect to a lathe (11); and capturing particulates of a material removed from a piece-part upon the lathe; wherein the particulate capture system (90) comprises: an exhaust portion (97) for coupling to an exhaust system (96); a fixed portion (91B) coupled to the exhaust portion (97 see Figure 3); and a movable portion (91A) coupled to the fixed portion (91B) at a first end (at hinge col 4, lines 7-9) and having an opening (95) at a second distal end; and an airflow through the opening (95) induced by the exhaust system transports the particulates of the material that are either within the vicinity of the opening external to the movable portion or within the movable portion to the exhaust portion to the exhaust portion (as generated col 4, 26-31).
In regards to claims 2 and 9, Holdahl discloses the method according to claims 1 and 8 respectively, Holdahl also discloses wherein the movable portion (91A) is coupled to the fixed portion (91B) by a hinge allowing the movable portion to pivot relative to the fixed portion (col 4, lines 7-9); in a lowered position the movable portion is disposed towards the piece-part (as shown in Figure 3); and in a raised position the movable portion allows insertion or removal of the piece-part (since the movable portion 91A is going to be located away from the piece-part, due to the hinge action).
In regards to claims 3 and 10, Holdahl discloses the method according to claim 1 and 9 respectively, Holdahl also discloses a first portion (95A) of the movable portion (91A) can be moved relative to a second portion (close to hinge) of the movable portion (91A) to adjust a dimension of the opening (95) along an axis from first end to the second distal end; the movable portion (91A) is coupled to the fixed portion (91B) by a hinge allowing the movable portion to pivot relative to the fixed portion (col 4, lines 7-9); in a lowered position the movable portion is disposed towards the piece-part (as shown in Figure 3); and in a raised position the movable portion allows insertion or removal of the piece-part (since the movable portion 91A is going to be located away from the piece-part, due to the hinge action).
In regards to claims 4 and 11, Holdahl discloses the method according to claims 1 and 8 respectively, Holdahl also discloses the second distal end of the movable portion includes a second opening (95) allowing insertion of a tool through the second opening to engage the piece-part for either shaping the piece-part or sanding the piece-part (see Figure 3).
In regards to claims 5 and 12, Holdahl discloses the method according to claims 1 and 8 respectively, Holdahl also discloses that the piece-part is either an elongate part having a longitudinal length larger than its lateral dimension (see Figure 3).
Allowable Subject Matter
Claims 6 and 13 are 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. Dependent claims 7 and 14, 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICOLE N RAMOS whose telephone number is (571)272-5134. The examiner can normally be reached Mon-Thu 7:00 am -5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K Singh can be reached at (571) 272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICOLE N RAMOS/Primary Examiner, Art Unit 3722