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
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method of assembling a tool, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/03/2025.
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 1-19 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.
Claim 1 requires “wherein the slot is associated with a first shape” (lines 2-3). The examiner is unable to ascertain the metes and bounds of “associated with”. Associations have varying degrees and meanings and it is unclear as to what is required by “associate with a first shape”.
Claim 3 requires “a third length associated with the second slot” (lines 2-3). The examiner is unable to ascertain the metes and bounds of “associated with”. Associations have varying degrees and meanings and it is unclear as to what is required by “associate with the second slot”.
Claims 2-13 are rejected based on their dependency to claim 1.
Claim 14 requires “the junction” (line 6) which lacks proper antecedent basis. It is unclear if this is the same as the positively recited junction box.
Claims 15-19 are rejected based on their dependency to claim 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.
Claim(s) 14, 16, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harness (US 5,411,321).
Regarding claim 14, Harness teaches a tool, the tool comprising: a junction box 10 comprising a first side, which comprises a first through opening (where reference numeral 72 exits), and an opposing second side comprising a second through opening (where reference numeral 34 enters) (Fig. 1); a linear actuator 73 extending through the first through opening (Fig. 1); an air coupler 34 extending through the second through opening (Fig. 1), the air coupler 34 comprising a first port positioned external to the junction (there must clearly be something that connects the conduit to an air supply) and a second port 32 positioned internal to the junction box 10; and one or more hoses (32/37) that are positioned inside the junction box 10 and that fluidly connect the air coupler 34 with the linear actuator 73 (Fig. 1).
Harness remains silent as to the tool being for revving an engine. Harness teaches that the tool is for selectively applying brakes of a towed vehicle. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used the tool of Harness for revving an engine as well, as the action of pressing an accelerator and brakes are the same.
Regarding claim 16, Harness teaches the tool of claim 14, wherein the one or more hoses are fluidly connected with a valve 38, which is enclosed within the junction box 10 (Fig. 1).
Regarding claim 17, Harness teaches the tool of claim 16, wherein the junction box 10 houses at least a portion 44 of a control unit 43, which electronically controls one or more operations of the valve 38 (Fig. 3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW V DO whose telephone number is (571)270-3420. The examiner can normally be reached Monday-Friday 7:30-4:30.
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, Walter L Lindsay can be reached at 571-272-1674. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WALTER L LINDSAY JR/Supervisory Patent Examiner, Art Unit 2852
/A.V.D/Examiner, Art Unit 2852