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 without traverse of Group II (Claims 15-20) in the reply filed on 3/13/2026 is acknowledged. Claims 1-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim.
The requirement is still deemed proper and is therefore made FINAL.
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 17 is 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.
Claim 17 recites the limitation "an upper user interface and a lower user interface" which is directed to an embodiment in Figs. 8A-8C, however Claim 1 recites “the plurality of locking notches to adjust a drill angle of the drill bit guide” which is directed to an embodiment in Figs. 1-6. Therefore, it is not clear how the embodiment in Claim 17 according to Figs. 8A-8C is able to adjust a drill angle of the drill bit guide in Claim 1.
Appropriate correction is required.
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.
Claim(s) 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Evatt et al. (U.S Patent Publication No. 2019/0111499).
Regarding Claim 15, Evatt teaches a pocket hole jig (Fig. 1, 10) comprising:
a housing (Fig. 1, 12) that orients the pocket hole jig relative to a workpiece (Fig. 2, 41); and
a drill bit guide (Fig. 1, 16) rotatably coupled to the housing (Fig. 1, 12) ([0019]: the drill guide 16 pivots with the gimbal 14 relative to the body 12),
wherein the housing (Fig. 1, 12) comprises a plurality of locking notches (Fig. 5, 34), and
wherein the drill bit guide (Fig. 1, 16) is interfaceable with different ones of the plurality of locking notches (Fig. 5, 34) to adjust a drill angle of the drill bit guide (Fig. 1, 16) with respect to the workpiece (Fig. 2, 41) ([0019]: The posts 28, recesses 34, and slots 20 are sized so that the recesses 34 hold the posts 28 of the drill guide 16, and therefore the drill guide 16 and the gimbal 14 in the desired position relative to the body 12.).
Regarding Claim 16, Evatt teaches the pocket hole jig of claim 15, wherein the drill bit guide interfaces with the plurality of locking notches (Fig. 5, 34) through a spring-loaded bushing (Fig. 5, 14) ([0019]: the posts 28 may be biased into engagement with the recesses 34 (e.g. by a spring disposed between the drill guide 16 and the gimbal 14).
Regarding Claim 17, Evatt teaches the pocket hole jig of claim 16, wherein the spring-loaded bushing comprises an upper user interface (Fig. 5, upper half of the gimbal 14) and a low user interface (Fig. 5, lower half of the gimbal 14) (Fig. 5, the lower and upper halves of the gimbal provide two different surfaces where a user can hold.), and wherein the drill bit guide (Fig. 1, 16) passes between the upper and lower user interfaces ([0019]: the drill guide 16 is received in the aperture 26 of the gimbal 14).
Claim Rejections - 35 USC § 103
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) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Evatt et al. (U.S Patent Publication No. 2019/0111499) as applied to Claim 15 above, and further in view of Sommerfeld (U.S. Patent No. 5,676,500).
Regarding Claim 18, Evatt teaches the pocket hole jig of claim 15, but does not explicitly teach further comprising a translating nose fence coupled to the housing and moveable between a stored position and a deployed position, wherein the translating nose fence moves along an axis forming a relative angle with respect to a surface of the workpiece, the relative angle between 0° and 90°.
Sommerfeld teaches a pocket hole jig (Fig 1, 50) comprising a translating nose fence (Fig. 2, 70) coupled to the housing (Fig. 1, 52) and moveable between a stored position and a deployed position (Col. 2, lines 37-46: a retracted position and an extended position), wherein the translating nose fence moves along an axis forming a relative angle with respect to a surface of the workpiece, the relative angle is 90°
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the translating nose fence (70) of Sommerfeld at a nose end of the housing of (12) of Evatt at any desired angle (including between 0° and 90°) with respect to a surface of the workpiece, which matches an edge angle of the workpiece so that the workpiece can be accurately positioned against the translating nose fence of the jig.
Allowable Subject Matter
Claims 19 and 20 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.
None of the references of record teach “pulling on the drill bit guide …” and “releasing the drill bit guide …” in combination with remaining limitations in Claim 19.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUN S YOO whose telephone number is (571)270-7141. The examiner can normally be reached 9AM-5PM.
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/JUN S YOO/Primary Examiner, Art Unit 3726 5/5/2026
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