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 .
Election/Restrictions
Applicant's election with traverse of Group 1 Claims 1-10 in the reply filed on 9 February 2026 is acknowledged. The traversal is on the ground(s) that there is no serious search or examination burden. This is not found persuasive because Invention 2, drawn to a method, does not have unity of invention with Invention I as detailed in the requirement for restriction. Applicant has not clearly shown unity of invention.
The requirement is still deemed proper and is therefore made FINAL.
Claims 11 and 12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention 2, drawn to a method, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 9 February 2026.
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 6 and 7 and all dependent claims 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 6 recites the broad recitation "an opening in one of its surfaces, and the claim also recites "in particular in its major surface (62)" which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 7 recites “the front wall element, due to its shape, forms the air inlet”. The phrase “due to its shape” is unclear. What type of shape? As opposed to a hole in the surface? Applicant is directed to clarify or remove this phrase. “The front wall element forms the air inlet” is sufficiently clear.
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)(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.
Claim(s) s 1, 3-10 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Kreeger et al. (US 4,590,884).
With regards to Claim 1 Kreeger teaches:
A booth, part 10, which reads on applicant's claimed front wall element with a rear wall, part 34, of a power spray booth which covers a wall opening, part 134, which reads on applicant's claimed input side of the collector, part 18, which reads on applicant's claimed air filter unit and a rear wall of the plenum chamber, part 80, of the fan plenum, part 16, which reads on applicant's claimed rear wall element which covers an output side of the collector, part 18. The front, part 10, and rear, part 16, wall elements are opposite to each other, are detachably connected and spaced apart from one another, and in the joined-together state sealingly rest against the air filter unit, part 18. (See Kreeger Fig. 1 and 5 and Col. 3 lines 10-65, Col. 4 lines 1-20)
With regards to Claim 3 Kreeger teaches:
The first wall, part 34, functions as an air guide element upstream from the collector, part 18, and the second wall, part 80, functions as an air guide element downstream from the collector, part 18. (See Kreeger Fig. 5 and Col. 3 lines 10-65, Col. 4 lines 1-20)
With regards to Claim 4 Kreeger teaches:
The booth, part 10, which reads on applicant’s claimed front wall element has a top wall, part 32, bottom wall, part 36, rear wall, part 34, sidewalls, pats 38, and front wall, part 42. The booth, part 10, bottom wall, part 36, which reads on applicant's claimed inner part placed in the wall element which masks at least a portion of the inner side of the wall element. Similarly the fan plenum, part 16, which reads on applicant's claimed rear wall element has a horizontal divider wall, part 90, which reads on applicant's claimed inner part of the rear wall element which masks at least a portion of the inner side of the wall element. (See Kreeger Fig. 5 and Col. 2 line 64 to Col. 3 line 25 and Col. 3 lines 37-60)
With regards to Claim 5 Kreeger teaches:
The booth, part 10, and the fan plenum, part 16, together with the collector, part 18, form a unit that is encapsulated on all sides except for the air inlet and air outlets. (See Kreeger Fig. 5)
With regards to Claim 6 Kreeger teaches:
The fan plenum, part 16, has a chamber, part 80, which is open at the bottom at opening, part 82, which is in a major surface of the fan plenum. (See Kreeger Fig. 5 and Col. 3 lines 40-60)
With regards to Claim 7 Kreeger teaches:
The booth, part 10, forms the air inlet due to its shape. (See Kreeger Fig. 5 and Col. 2 line 64 to Col. 3 line 25)
With regards to Claim 8 Kreeger teaches:
The booth, part 10, is molded and bent along its vertical axis in a u-profile wherein the front wall forms the air inlet in conjunction with the side and rear walls. (See Kreeger Fig. 1 and Fig. 5 and Col. line 64 to Col. 3 line 60 )
With regards to Claim 9 Kreeger teaches:
The booth and the fan plenum are molded metal parts made of sheet metal. (See Kreeger Fig. 1 and Fig. 5 and Col. 2 line 64 to Col. 3 line 60 )
With regards to Claim 10 Kreeger teaches:
A collector, part 18, comprises filters, parts 104, that are encased by the two wall elements. (See Kreeger Fig. 1 and 5 and Col. 2 line 64 to Col. 3 line 60)
Other Applicable Prior Art
All other art cited not detailed above in a rejection is considered relevant to at least some portion or feature of the current application and is cited for possible future use for reference. Applicant may find it useful to be familiar with all cited art for possible future rejections or discussion.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIT E ANBACHT whose telephone number is (571)272-9876. The examiner can normally be reached on M, T, R, F 11 am - 4 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached on (571) 270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-9876.
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/BRIT E. ANBACHT/Examiner, Art Unit 1776
BRIT E. ANBACHT
Examiner
Art Unit 1776
Prosecution Insights