DETAILED ACTION
This Office Action is responsive to the application filed on September 11, 2023. Claims 1-5 are pending.
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.
Specification
The abstract of the disclosure is objected to because it includes phrases which can be implied such as “of the present disclosure”. 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).
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 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.
Claim Objections
Claims 3-4 are objected to because of the following informalities:
In Claim 3, “of are” appears in error for – are --.
In Claim 4, “are offset on from the other” appears in error for – are offset one from the other --. Appropriate correction is required.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 13, 14 (¶016). 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. 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.
Prior Art Relied Upon
This action references the following issued US Patents and/or Patent Application Publications:
US PATENT or PUBLICATION NUMBER
HEREINAFTER
US-2526035-A
“MILLER”
US-1561055-A
“CALLAHAN”
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 1-4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MILLER.
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Re Claim 1, MILLER teaches a welding hand support device (Figs. 1, 5), comprising:
a body [annotated in Image 1] having a first base [annotated in Image 1] and a second base [annotated in Image 1];
a first opening [annotated in Image 1] on one side [annotated in Image 1] of the body;
a second opening [annotated in Image 1] on an opposing side [annotated in Image 1] of the body, opposing the first opening (Figure 1);
a channel 26 formed in the body traversing the body from the first opening to the second opening (see Figure 1, Image 1 above), the channel configured to receive a welding device 28. See also Figures 1, 5 and 1:44 to 3:50.
Re Claim 2, MILLER teaches the welding hand support device of claim 1, wherein the first and/or second base are rounded (First base is rounded; see Figure 5 and Image 1).
Re Claim 3, MILLER teaches the welding hand support device of claim 1, wherein the first and/or the second base are flat (second base is flat at bottom of 10; see Figure 1 / Image 1).
Re Claim 4, MILLER teaches the welding hand support device of claim 1, wherein the first opening and the second opening are offset on from the other so that the channel is angular (vertically offset; see Figure 1 and Image 1).
Claims 1 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CALLAHAN.
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Re Claim 1, CALLAHAN teaches a welding hand support device (Figs. 1-4), comprising:
a body 8 having a first base [annotated in Image 2] (portion with openings adjacent 10) and a second base (threaded portion adjacent 7) (page 2, lines 3-20);
a first opening [first opening 11] on one side of the body (page 2, lines 21-26; see also Image 2);
a second opening [first opening 11] on an opposing side of the body (Figure 4), opposing the first opening (page 2, lines 21-26; see also Image 2);
a channel (channel receiving strip 10 in hollow tubular grip 8, Figure 2) formed in the body traversing the body from the first opening to the second opening (Figures 2, 4), the channel configured to receive a welding device 10 (pages 2, lines 21-26; see also “CHANNEL” in Image 2, shown by way of example).
Re Claim 5, CALLAHAN teaches the welding hand support device of claim 1, wherein the body is cylindrical (Figures 1 & 4).
Conclusion
The following additional prior art is made of record, but has not relied upon, is considered pertinent to applicant's disclosure.
Choice of prior art for the rejections above was made on the best available art (MPEP 706.02(a)). However, for at least some of the references below, additional anticipation/obviousness rejections could have been made and therefore careful consideration of each of the following references in their entirety is suggested.
PRIOR ART
PERTINENCE
US-1497012-A
Welding hand support device having a body with first and second openings and a channel in the body receiving a welding device 32 (Figure 5).
US-1509006-A
Welding hand support device having a body 10 with first and second openings and a channel in the body receiving a welding device 13 (Figure 2).
US-2373161-A
Welding hand support device having a body 56 with first and second openings and a channel in the body receiving a welding device 15
US-6399913-B1
Welding hand support device having a body 27 with first and second openings and a channel in the body receiving a welding device (Figs. 2, 3)
US-20130119041-A1
Welding hand support device having a body 10 with first and second openings forming angled channel in the body receiving a welding device (Figs. 2, 7 and 12)
US-20170182582-A1
Welding hand support device having a body
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON H DUGER whose telephone number is (313) 446-6536. The examiner can normally be reached 8:30a to 4:30p EST Monday & Tuesday and 8:00a to 2:00p Wednesday, and is OFF Thursday and Friday.
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, Phutthiwat Wongwian, can be reached on (571) 270-5426. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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JASON H DUGER
PRIMARY EXAMINER, ART UNIT 3741
PHONE (313) 446 6536
FAX (571) 270 9083
DATE
February 7, 2026
/JASON H DUGER/Primary Examiner, Art Unit 3741