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 .
Status of Claims
This action is in reply to the Amendments/Response filed on November 19, 2025. Claim(s) 1-7 been amended. Claim 8 has been added. No claims have been cancelled. Claims 1-8 are currently pending and have been examined.
Drawings
The drawings were received on November 19, 2025. These drawings, an additional sheet 5 with updated Fig.5, are acceptable.
Response to Amendments
The examiner fully acknowledges the amendments to claims 1-7 filed on November 19, 2025.
The amendments to claims have addressed the 112(b) rejection previously submitted, and as such the claim rejection set forth in the previous office action pertaining to claims are withdrawn.
The applicant’s amendments to claim 6 are sufficient to overcome the rejection of claims, as presented in the 35 U.S.C. 102 rejection in the previous Office action, however they are not considered to have overcome the art of record, Yang (US Patent No. 6344782). As such, the rejection from the previous action will be updated to address the amended limitations as presented, as presented below.
The applicant’s amendments to claim 1 are sufficient to overcome rejection of claims, as presented in the 35 U.S.C. 103 rejection in the previous Office action, however they are not considered to have overcome the art of record, Yang (US Patent No. 6344782) in view of Romero (US PG Pub No. 20170280954), as applied below.
Response to Arguments
The applicant’s arguments, see pages 8-12, filed November 19, 2025 with have been fully considered.
Drawing Objection/Claim Objections/112(b) Rejections: The examiner finds that the applicant’s newly submitted drawing is acceptable. The drawing objection made in the previous Office action has been addressed through amendment, and defining the apparatus as an “assembly” further clarifies the nature of the claimed apparatus.
Claim Rejections: The examiner disagrees with the applicant’s assertion (page 10) that Yang fails to meet the limitations of a “pneumatic suction device.” The BRI of the term pneumatic is “containing or operated by air or gas under pressure.” As Yang discloses a device that contains compressed air and requires it for operation, the limitation is considered anticipated.
Regarding meeting ATEX standards (per applicant’s specification), Yang fig. 4 shows the power line (14) shielded in casing (isolated from the outside) and with adapter body structure between it and the air chamber, meeting the limitation of being isolated from the sucked dust.
Regarding the “second air outlet”, the examiner identified structure capable of meeting the limitation of supplying air to the vacuum cleaner. The applicant argues that the outlets are not connected to the electric vacuum cleaner. While not a direct connection, all components within the system disclosed by Yang are connected to each other either directly or indirectly. The claim does not require a direct connection as the applicant is arguing.
Regarding Romero (pages 11-12) as a teaching reference, the examiner disagrees with the applicant’s assertion of Romero being an improper reference. The examiner maintains that Romero provides a teaching that solves the problem of providing compressed air for a vacuum cleaner as a source. The requirement for applicable art is either solves the same problem or is from the same field of endeavor. As Romero solves the problem of providing air for a vacuum, it is analogous.
Allowable Subject Matter – the examiner maintains the indicated allowable subject matter from the previous action.
Claim Interpretation
ATEX standard: Per applicant’s specification: In order to comply with the ATEX standard, the electrical portions of electrical sanders used in these mobile sets must be isolated from the outside and from the sucked dust in particular.
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) 6 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (US Patent No. 6344782).
In regards to claim 6, Yang discloses
a connection module (pneumatic control unit 1, fig. 1-4) intended to be used in for a pneumatic sander assembly (the sander 5 is a part of a sander assembly; see fig. 5 and 8), the connection module comprising:
an internal pipe (see fig. 2 - ann. 1) having an air inlet (pipe connector 112, fig. 1-4) connectable to said compressed-air source (air compressor 3, fig. 5 and 8),
a first air outlet (first of quick connector 122, see fig. 2 - ann. 1) capable of supplying the pneumatic sander (sander 5, fig. 5 and 8) with air and disposed in communication with the air inlet (pipe connector 112, fig. 1-4) through a first air passage (see fig. 2 - ann. 1);
a second air outlet (second of quick connector 122, see fig. 2 - ann. 1) capable of supplying a sanding dust pneumatic suction device (dry type vacuum cleaner 4, fig. 5 and 8) with air and disposed in communication with the air inlet (pipe connector 112, fig. 1-4) through a second air passage (see fig. 2 - ann. 1);
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a spring element (spring 114, fig. 1-3); and
a movable obturator (plug member 115, fig. 1-3) which is mounted in the internal pipe (see fig. 2 - ann. 1) and is movable between:
an idle position in which the obturator (plug member 115, fig. 1-3) is forced by the spring element (spring 114, fig. 1-3) to at least partially close the first air passage (see fig. 2 - ann. 1) and the second air passage (see fig. 2 - ann. 1),
col. 2 lines 9-14: when turning off the air compressor and the sander, the spring member forces the plug member forwards to close the air passage between the air input passageway and the air output passageway....
and an open position in which said movable obturator (plug member 115, fig. 1-3) is forced against said spring element (spring 114, fig. 1-3) so as to open the first air passage (see fig. 2 - ann. 1) and
col 2 lines 1 line 67 – col. 2 line 4: when the sander is turned on, the air compressor outputs compressed air to the air input passageway to force the plug member backwards against the spring member, for enabling compressed air to pass from the air input passageway to the air output passageway and then said sander
to enable airflow to pass from the air inlet (pipe connector 112, fig. 1-4) to the first air outlet (first of quick connector 122, see fig. 2 - ann. 1) and then to a compressed air motor of said pneumatic sander (as the passage is open, it enables/allows air to flow through, and would reach a compressed air motor in the pneumatic sander),
and at the same time to open the second air passage (see fig. 2 - ann. 1) to allow the airflow to pass to the second air outlet (second of quick connector 122, see fig. 2 - ann. 1), the obturator (plug member 115, fig. 1-3) being movable to the open position by compressed air received through the air inlet (pipe connector 112, fig. 1-4).
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Col. 2 line 56 – col. 3 line 14:
The screw cap 113 holds one end of a spring 114 inside the air input passageway 11. A plug member 115 is supported on the spring 114, having a magnet 1151 mounted on the inside. When the air input passageway 11 receives no air pressure, the plug member 115 is forced forwards by the spring 114 to seal the air passage between the air input passageway 11 and the air output passageway 12. … When pressing on the air input control valve of the sander 5, compressed air passes into the air input passageway 11 of the pneumatic control unit 1 to move the plug member 115 away from the air passage between the air input passageway 11 and the air output passageway 12 and to compress the spring 114, enabling compresses air to pass from the air input passageway 11 into the inner end 121 of the air output passage way 12, and then to pass from the air output passageway 12 to the sander 5 through an air tube 51.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 5, and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (US Patent No. 6344782) in view of Romero (US PG Pub No. 20170280954).
In regards to claim 1, Yang discloses a pneumatic sander assembly, comprising:
a pneumatic sander (sander 5, fig. 5 and 8)
a pneumatic suction device (dry type vacuum cleaner 4, fig. 5 and 8) for pneumatic suction of sanding dust; and
a connection module (pneumatic control unit 1, fig. 1-4) for connecting the pneumatic sander (sander 5, fig. 5 and 8) and the pneumatic suction device (dry type vacuum cleaner 4, fig. 5 and 8) to a compressed-air source (air compressor 3, fig. 5 and 8), said connection module (pneumatic control unit 1, fig. 1-4) comprising:
an internal pipe (see fig. 2 - ann. 1) having an air inlet (pipe connector 112, fig. 1-4) connectable to said compressed-air source (air compressor 3, fig. 5 and 8),
a first air outlet (first of quick connector 122, see fig. 2 - ann. 1) to supply the pneumatic sander (sander 5, fig. 5 and 8) with air and disposed in communication with the air inlet (pipe connector 112, fig. 1-4) through a first air passage (see fig. 2 - ann. 1)
a second air outlet (second of quick connector 122, see fig. 2 - ann. 1) to supply the sanding dust pneumatic suction device (dry type vacuum cleaner 4, fig. 5 and 8) with air and disposed in communication with the air inlet (pipe connector 112, fig. 1-4) through a second air passage (see fig. 2 - ann. 1)
a spring element (spring 114, fig. 1-3), and
a movable obturator (plug member 115, fig. 1-3) which is mounted in the internal pipe (see fig. 2 - ann. 1) and is movable between:
an idle position when said pneumatic sander (sander 5, fig. 5 and 8) is in a stopped state, and in which the obturator (plug member 115, fig. 1-3) is forced by the spring element (spring 114, fig. 1-3) to at least partially close the first air passage (see fig. 2 - ann. 1) and the second air passage (see fig. 2 - ann. 1; col. 2 lines 9-14), and
an open position wherein the pneumatic sander (sander 5, fig. 5 and 8) is in a run state, and in which said movable obturator (plug member 115, fig. 1-3) is forced against said spring element (spring 114, fig. 1-3) so as to open the first air passage (see fig. 2 - ann. 1) and to enable airflow to pass from the air inlet (pipe connector 112, fig. 1-4) to the first air outlet (first of quick connector 122, see fig. 2 - ann. 1) and then to said pneumatic sander (sander 5, fig. 5 and 8; see col. col. 2 line 67 – col. 2 line 4 and col. 2 line 56 – col. 3 line 14), and at the same time to open the second air passage (see fig. 2 - ann. 1) to allow the airflow to pass to the second air outlet (second of quick connector 122, see fig. 2 - ann. 1) and then to a motor or said pneumatic suction device (dry type vacuum cleaner 4, fig. 5 and 8), causing said pneumatic suction device (dry type vacuum cleaner 4, fig. 5 and 8) to suck the dust from said pneumatic sander (sander 5, fig. 5 and 8), the obturator (plug member 115, fig. 1-3) being moveable into the open position by compressed air received through the inlet (see fig. 2 – ann. 2 and Col. 2 line 56 – col. 3 line 14).
The vacuum cleaner disclosed by Yang is silent to operating on compressed air coming from an air source.
Romero discloses a shop vac including a handle (12), a canister (16), a vacuum tube (18), and a pick-up device (20; see fig. 1) that operates on compressed air.
Romero’s shop vac includes a canister that holds an enclosure that generates a negative pressure by forcing compressed, high velocity air through a orifice plug and out a muffler to create a vacuum in the enclosure. The vacuum in the enclosure is transferred to the vacuum tube and the pick-up device to pick up liquid or debris on a shop floor (Romero abstract).
[0015] FIG. 1 illustrates a first preferred improved shop vac of the present invention, generally denoted 10. The shop vac 10 comprises a handle 12 that includes at a top end an air fitting 13 that includes a jack 14 adapted to couple to an air supply hose (not shown) that delivers air under pressure as is found in most automotive facilities.
[0022] In operation, the adapter 13 is connected at jack 14 to a supply of high pressure air (not shown). The high pressure air is forced through the handle 12 and into the nozzle 24, where it is routed toward the venturi nozzle 24. The high pressure, high velocity air having been accelerated by the nozzle 24 enters the orifice plug and through the muffler 58. The passage of the air out the outlet 42 and through the orifice plug 44 creates a low pressure condition in the compartment 60. This continuous low pressure condition is communicated to the vacuum tube 18 and to the pick-up device 20, where the vacuum is present between the wipers 86. Fluid, dust, debris, and other materials are sucked through channels 92 in the wipers 86, and through the pick-up device and the vacuum tube 18.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have connected the vacuum cleaner of Romero to one of the outlets of the adapter of Yang’s assembly as the prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference and one of ordinary skill in the art could have combined the elements as claimed by known methods, and that in combination, each element merely performs the same function as it does separately.
Yang provides and air compressor and adapter that allows compressed air to flow through its switching configuration. Romero discloses a vacuum operating on compressed air, which needs a source. Connecting Romero’s vacuum jack (14; Romero paragraph [0022]) to an outlet of Yang’s adaptor (122 of adaptor 1) allows for compressed air to flow through into Romero, through the adaptor of Yang, without changing Yang’s operation of the adaptor and compressed air supply. The results of the combination are predictable.
In regards to claim 5, Yang as modified discloses
the sander assembly according to claim 1, comprising a manual-maneuvering member (magnet 1151) which is capable of acting on the movable obturator (plug member 115, fig. 1-3) to move the moveable obturator in the internal pipe (see fig. 2 - ann. 1) from its idle position to the open position, allowing airflow to pass from the air inlet (pipe connector 112, fig. 1-4) to the second air outlet (second of quick connector 122, see fig. 2 - ann. 1) communicating with the pneumatic suction device (dry type vacuum cleaner 4, fig. 5 and 8).
Examiner’s Note:
While not the intended use, the magnet would be capable of causing the plug of Yang to move if influenced by another magnetic element outside of the pipe.
In regards to claim 7, Yang discloses
a plant comprising:
a general network for supplying compressed air (at least an air compressor 3, fig. 5 and 8), including the compressed-air source (air compressor 3, fig. 5 and 8); and
at least one sander assembly connected to the general network, wherein the at least one sander assembly comprises:
a pneumatic sander (sander 5, fig. 5 and 8)
a pneumatic suction device (dry type vacuum cleaner 4, fig. 5 and 8) for pneumatic suction of sanding dust; and
a connection module (pneumatic control unit 1, fig. 1-4) for connecting the pneumatic sander (sander 5, fig. 5 and 8) and the pneumatic suction device (dry type vacuum cleaner 4, fig. 5 and 8) to a compressed-air source (air compressor 3, fig. 5 and 8), said connection module (pneumatic control unit 1, fig. 1-4) comprising:
an internal pipe (see fig. 2 - ann. 1) having an air inlet (pipe connector 112, fig. 1-4) connectable to said compressed-air source (air compressor 3, fig. 5 and 8),
a first air outlet (first of quick connector 122, see fig. 2 - ann. 1) to supply the pneumatic sander (sander 5, fig. 5 and 8) with air and disposed in communication with the air inlet (pipe connector 112, fig. 1-4) through a first air passage (see fig. 2 - ann. 1)
a second air outlet (second of quick connector 122, see fig. 2 - ann. 1) to supply the sanding dust pneumatic suction device (dry type vacuum cleaner 4, fig. 5 and 8) with air and disposed in communication with the air inlet (pipe connector 112, fig. 1-4) through a second air passage (see fig. 2 - ann. 1)
a spring element (spring 114, fig. 1-3), and
a movable obturator (plug member 115, fig. 1-3) which is mounted in the internal pipe (see fig. 2 - ann. 1) and is movable between:
an idle position when said pneumatic sander (sander 5, fig. 5 and 8) is in a stopped state, and in which the obturator (plug member 115, fig. 1-3) is forced by the spring element (spring 114, fig. 1-3) to at least partially close the first air passage (see fig. 2 - ann. 1) and the second air passage (see fig. 2 - ann. 1), and
an open position wherein the pneumatic sander (sander 5, fig. 5 and 8) is in a run state, and in which said movable obturator (plug member 115, fig. 1-3) is forced against said spring element (spring 114, fig. 1-3) so as to open the first air passage (see fig. 2 - ann. 1) and to enable airflow to pass from the air inlet (pipe connector 112, fig. 1-4) to the first air outlet (first of quick connector 122, see fig. 2 - ann. 1) and then to said pneumatic sander (sander 5, fig. 5 and 8), and at the same time to open the second air passage (see fig. 2 - ann. 1) to allow the airflow to pass to the second air outlet (second of quick connector 122, see fig. 2 - ann. 1) and then to a motor or said pneumatic suction device (dry type vacuum cleaner 4, fig. 5 and 8), causing said pneumatic suction device (dry type vacuum cleaner 4, fig. 5 and 8) to suck the dust from said pneumatic sander (sander 5, fig. 5 and 8), the obturator (plug member 115, fig. 1-3) being moveable into the open position by compressed air received through the inlet (see fig. 2 – ann. 2 and Col. 2 line 56 – col. 3 line 14).
While the vacuum cleaner disclosed by Yang does not disclose operating on compressed air coming from an air source, Romero discloses a shop vac including a handle, a canister, a vacuum tube, and a pick-up device. The canister holds an enclosure that generates a negative pressure by forcing compressed, high velocity air through a orifice plug and out a muffler to create a vacuum in the enclosure. The vacuum in the enclosure is transferred to the vacuum tube and the pick-up device to pick up liquid or debris on a shop floor.
[0015] FIG. 1 illustrates a first preferred improved shop vac of the present invention, generally denoted 10. The shop vac 10 comprises a handle 12 that includes at a top end an air fitting 13 that includes a jack 14 adapted to couple to an air supply hose (not shown) that delivers air under pressure as is found in most automotive facilities.
[0022] In operation, the adapter 13 is connected at jack 14 to a supply of high pressure air (not shown). The high pressure air is forced through the handle 12 and into the nozzle 24, where it is routed toward the venturi nozzle 24. The high pressure, high velocity air having been accelerated by the nozzle 24 enters the orifice plug and through the muffler 58. The passage of the air out the outlet 42 and through the orifice plug 44 creates a low pressure condition in the compartment 60. This continuous low pressure condition is communicated to the vacuum tube 18 and to the pick-up device 20, where the vacuum is present between the wipers 86. Fluid, dust, debris, and other materials are sucked through channels 92 in the wipers 86, and through the pick-up device and the vacuum tube 18.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have connected the vacuum cleaner of Romero to one of the outlets of Yang as the prior art included each element claimed, although not necessarily in a single prior art reference, with the only difference between the claimed invention and the prior art being the lack of actual combination of the elements in a single prior art reference and one of ordinary skill in the art could have combined the elements as claimed by known methods, and that in combination, each element merely performs the same function as it does separately, which is directing compressed-air and vacuuming using the compressed air, wherein the results of the combination are predictable.
In regards to the sander assembly according to claim 1, Yang as modified discloses the sander assembly complies with the ATmostpheres Explosives (ATEX) standard (as fig. 4 shows the power line (14) shielded in casing (isolated from the outside) and with adapter body structure between it and the air chamber, meeting the limitation of being isolated from the sucked dust.)
Allowable Subject Matter
Claims 2-4 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.
Claims 2-4 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.
In regards to claim 2, Yang as modified discloses the sander assembly according to claim 1.
However wherein said movable obturator (plug member 115, fig. 1-3) comprises: a first part closing off the second air passage (see fig. 2 - ann. 1) to the extractor (dry type vacuum cleaner 4, fig. 5 and 8) when said sander (sander 5, fig. 5 and 8) is in the stopped state, said first part being extended by a second part connected to the spring element (spring 114, fig. 1-3) and comprising a hemispherical-shaped element coming substantially in contact with an interior wall of the internal pipe to at least partially close the first air passage (see fig. 2 - ann. 1) towards the sander (sander 5, fig. 5 and 8),
Yang is not considered to anticipate for render obvious the first air passage (see fig. 2 - ann. 1) “extending in an internal channel of the first part”,
so that, when the sander (sander 5, fig. 5 and 8) is in the run state, the airflow coming from the air inlet (pipe connector 112, fig. 1-4) flows in the internal channel towards a concave face of the hemispherical-shaped element to move said hemispherical shaped element of the movable obturator away from the interior wall of the internal pipe and to allow the airflow to pass firstly towards the first air outlet (first of quick connector 122, see fig. 2 - ann. 1) communicating with the sander (sander 5, fig. 5 and 8) and secondly towards the second air outlet (second of quick connector 122, see fig. 2 - ann. 1) communicating with the pneumatic extractor (dry type vacuum cleaner 4, fig. 5 and 8).
The structure considered to read the first air passage is arranged such that does not extend into the obstructor’s structure. Further, Yang nor Romero provide a teaching for the modification or motivation.
Claims 3 and 4 depend upon claim 2, and thus are similarly considered allowable.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON KHALIL HAWKINS whose telephone number is (571)272-5446. The examiner can normally be reached M-F; 8-5PM.
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, 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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/JASON KHALIL HAWKINS/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723