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.
Claim 9 recites the limitation "said first protrusion” and “said second protrusion”. There is insufficient antecedent basis for this limitation in the claim.
Examiner believes “first protrusion” should be “first projection” and “second protrusion” should be “second projection”.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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)(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, 9 and 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Labbe (USP 7,810,531)
Regarding claim 1, Labbe discloses an attachment, said attachment comprising: a first end (1E: see below/23 of figure 2A); a second end (2E/24 of figure 2A); and an outer wall (28) with a plurality of projections (34) (col. 8, lines 26-41), each of said plurality of projections (34) having a passage (122) therethrough (figure 10 and col. 11, lines 1-8). Please note: Labbe’s tool/attachment is capable of removing foam.
Regarding claim 2, Labbe discloses wherein each of said plurality of projections (34) extends radially from said outer wall (28) and said passage (122) or each of said plurality of projections does not pass through said outer wall (figure 2A, 5, 10, 11 & and col. 8, lines 26-41 & col. 11, lines 1-8).
[AltContent: textbox (1E)][AltContent: arrow][AltContent: textbox (2E)][AltContent: arrow]
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Regarding claims 3 and 4, Labbe discloses wherein said attachment comprises a shell (22) and a core. Labbe discloses “cutting head 20 is mounted longitudinally between two spaced apart housing sidewalls 1004 and 1006 and supported on bearing assemblies (not shown) for rotational motion about an axis of rotation `A-A” (col. 8, lines 15-19) and Examiner is defining the core to be the bearing assembly located between the shell and the shaft.
Regarding claim 9, Labbe discloses an attachment for use with a tool having a rotating shaft (figure 2A), said attachment comprising: a core (Labbe discloses “cutting head 20 is mounted longitudinally between two spaced apart housing sidewalls 1004 and 1006 and supported on bearing assemblies (not shown) for rotational motion about an axis of rotation `A-A” (col. 8, lines 15-19) and Examiner is defining the core to be the bearing assembly located between the shell and the shaft), said core (i.e. bearing assembly) having an inner passage selectively attachable (selectively interpreted as with the shaft and without the shaft held by the bearing assembly) to said shaft and an outer profile (i.e. exterior); and a shell (22) comprising a cavity, an outer wall (28), a first projection (cutting tooth 500 indicated below as P1) with a first projection passage (shown as 122 in figure 10) and a second projection (cutting tooth 500 indicated below as P2) with a second projection passage (122), wherein: said core is received within said cavity (col. 8, lines 15-19); said first projection passage and said second projection passage (122) do not pass exterior or said outer wall (28) (col. 11, lines 1-8).
[AltContent: textbox (Shaft)][AltContent: textbox (P2)][AltContent: textbox (P1)][AltContent: arrow][AltContent: arrow][AltContent: textbox (C)][AltContent: arrow][AltContent: arrow] ++
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Regarding claim 14, Labbe discloses wherein said first protrusion/projection (P1) and said second protrusion/ (P2) are part of a plurality of protrusions arranged in a helical path around said outer wall of said shell (see figure above).
Claims 15 and 18-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Boyd et. Al. (US Pub. No. 2009/0254181).
Regarding claim 15, Boyd discloses an attachment, said attachment (1100’) comprising: a cavity (1113’); an outer wall (1150); a first end (1130’);
a second end (1120’), said second end having a second end wall (1121’) with a second end opening (O: see below) through said second end wall (1121’), said second end also having a primary slot (1112’), said primary slot being open to said second end opening and passing through said outer wall (see figure below); and a plurality of projections (P1/P2: see below) having a passage (P) therethrough extending from said outer wall (1150). Please note: Boyd’s invention is capable of removing foam.
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[AltContent: textbox (Px)][AltContent: arrow][AltContent: connector][AltContent: connector][AltContent: arrow][AltContent: textbox (P)][AltContent: textbox (P2)][AltContent: textbox (P1)][AltContent: arrow][AltContent: arrow][AltContent: arrow]
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Regarding claim 18, Boyd discloses wherein said plurality of projections (P1/P2) are arranged in a helical path around said outer wall (as seen in figure above, the exemplary projection Px does not extend straight and has a helical path).
Regarding claim 19, Boyd discloses wherein: said plurality of projections are a first plurality of projections (P1); and said attachment further comprises a second plurality of projections (P2) arranged in a second helical path around said outer wall (1150) (see figure above)..
Regarding claim 20, broadly reading the claim, Boyd discloses the attachment (1110) having a core (i.e. the hollow interior 1160) (figure 1).
Allowable Subject Matter
Claims 5-8, 10-13, 16 and 17 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARA ADDISU at (571) 272-6082. The examiner can normally be reached on Monday - Friday 9:00 am - 5:00 pm (Mondays and Wednesday-Friday).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K. Singh can be reached on (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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/SARA ADDISU/Primary Examiner, Art Unit 3722 1/4/26