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 .
Claim Objections
The claims are objected to because they include reference characters which are not enclosed within parentheses.
Reference characters corresponding to elements recited in the detailed description of the drawings and used in conjunction with the recitation of the same element or group of elements in the claims should be enclosed within parentheses so as to avoid confusion with other numbers or characters which may appear in the claims. See MPEP § 608.01(m).
Claim 2 recites “any number of one or more cowls, being a first cowl 120a, a second cowl 120b, a third cowl 120c, or more cowls” which could use clearer language to define the interchangeability of the cowls, such as “wherein the cowl can be exchanged with a corresponding replacement cowl”.
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.
Claim(s) 1-4, 8, 11-13, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 19503201 to Moog in view of DE 202014007856 to Elektrowerkzeuge GMBH Eibenstock (henceforth referred to as Eibenstock).
(a) Regarding claim 1:
(i) Moog discloses an apparatus for cleaning a surface (see title), the apparatus comprising:
a mounting plate (flange 38, Fig 1), wherein the mounting plate can be reversibly attached to and detached from a grinder (attached to grinder 10 via fastening screws 47/47’/49/49’, Fig 3); and
wherein the mounting plate comprises a plate protrusion (portion of flange 38 extending away from grinder, Fig 1), wherein the plate protrusion is approximately cylindrical (reasonably disclosed in Figs 1/3/7), and wherein the plate protrusion extends away from the grinder (Fig 1);
a cowl (portion of grinder guard 40 including U-profile retaining ring 43 and excluding flange 38, Figs 1-2); and
wherein the cowl comprises an outer wall and an inner wall (radially outer and radially inner walls of retaining ring 43, Fig 2), wherein the outer wall and the inner wall are substantially circular and substantially concentric (Figs 2-3), and define a circumferential space between the outer wall and the inner wall (Fig 2); and
a handle (handle 52, Figs 7-8), which may be securely affixed to and removed from the grinder (shown as being attached via bolts, Figs 7-8); and
wherein the cowl comprises a vacuum port (suction nozzle 48, Figs 3/7-8).
(ii) Moog does not disclose:
wherein the mounting plate is a threaded mounting plate,
wherein the plate protrusion comprises a plate threading,
wherein the cowl comprises a threaded cowl mount which threaded cowl mount comprises a mount threading, and
wherein the cowl can be threaded onto and off of the threaded mounting plate, with the mount threading engaging with the plate threading.
(iii) Eibenstock is also in the field of cleaning surfaces (see title, Par 0001) and teaches:
a cowl (feed ring 2 and suction hood 3, Fig 1),
a threaded mounting plate (flange 1, Fig 1, Par 0020) comprising a plate protrusion (portion of flange 1 extending downward towards hood 3, Fig 1),
wherein the plate protrusion comprises a plate threading (external threads of flange 1, Fig 1, Par 0020),
wherein the cowl comprises a threaded cowl mount (feed ring 2, Fig 1) which threaded cowl mount comprises a mount threading (internal threads of feed ring 2, Fig 1, Par 0020), and
wherein the cowl can be threaded onto and off of the threaded mounting plate, with the mount threading engaging with the plate threading (Par 0020).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plate protrusion and cowl as disclosed by Moog with the above aforementioned plate threading and threaded cowl mount as taught by Eibenstock for the purpose of allowing for adjustment of working depth (Pars 0028-0029).
(v) Moog as modified by Eibenstock does not teach wherein the vacuum port is reversibly detachable from the cowl, and reversibly attachable to the cowl.
(vi) Merely making a structure separable supports a prima facie determination of obviousness, see MPEP 2144.04(V)(C).
(b) Regarding claim 2:
(i) Moog as modified by Eibenstock teaches the apparatus of claim 1.
(ii) Moog further discloses wherein the cowl can be one cowl which is within the claimed range of “one or more cowls”.
(c) Regarding claim 3:
(i) Moog as modified by Eibenstock teaches the apparatus of claim 1.
(ii) Moog further discloses wherein the inner wall is slightly smaller than the outer wall such that the inner wall is disposed in an interior space of the cowl (Figs 1-2), the interior space being a volume defined by the outer wall (as defined, Fig 1).
(d) Regarding claim 4:
(i) Moog as modified by Eibenstock teaches the apparatus of claim 1.
(ii) Moog further discloses wherein the apparatus further comprises a circular flange (brush ring 42 comprising ring 45 and bristles 46, Figs 2-3), wherein the circular flange is disposed in the circumferential space (Fig 2), and wherein the circular flange comprises a proximal perimeter and a distal perimeter (bottom and top ends of brush ring 42, Fig 2).
(e) Regarding claim 8:
(i) Moog as modified by Eibenstock teaches the apparatus of claim 1.
(ii) Moog further discloses wherein the outer wall further comprises a vacuum port hole (hole of nozzle 48, Figs 3/7-8), wherein the vacuum port interfaces with the vacuum port hole (Figs 3/7), to allow a vacuum to be reversibly attached to and removed from the vacuum port (suction hose 50, Fig 7, Par 0035).
(f) Regarding claim 11:
(i) Moog discloses an apparatus for containing particulates while grinding a surface, the apparatus comprising:
a mounting plate (flange 38, Fig 1), wherein the mounting plate can be reversibly attached to and detached from a grinder (attached to grinder 10 via fastening screws 47/47’/49/49’, Fig 3); and
wherein the mounting plate comprises a plate protrusion (portion of flange 38 extending away from grinder, Fig 1), wherein the plate protrusion is approximately cylindrical (reasonably disclosed in Figs 1/3/7); and
a cowl (portion of grinder guard 40 including U-profile retaining ring 43 and excluding flange 38, Figs 1-2).
(ii) Moog does not disclose:
wherein the mounting plate is a threaded mounting plate,
wherein the cowl comprises a threaded cowl mount, which threaded cowl mount comprises a mount threading, and
wherein the cowl can be threaded onto and off of the threaded mounting plate.
(iii) Eibenstock is also in the field of cleaning surfaces (see title, Par 0001) and teaches:
a cowl (feed ring 2 and suction hood 3, Fig 1),
a threaded mounting plate (flange 1, Fig 1, Par 0020) comprising a plate protrusion (portion of flange 1 extending downward towards hood 3, Fig 1),
wherein the cowl comprises a threaded cowl mount (feed ring 2, Fig 1) which threaded cowl mount comprises a mount threading (internal threads of feed ring 2, Fig 1, Par 0020), and
wherein the cowl can be threaded onto and off of the threaded mounting plate, with the mount threading engaging with the plate threading (Par 0020).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the mounting plate and cowl as disclosed by Moog with the above aforementioned threaded mounting plate and threaded cowl mount as taught by Eibenstock for the purpose of allowing for adjustment of working depth (Pars 0028-0029).
(g) Regarding claim 12:
(i) Moog as modified by Eibenstock teaches the apparatus of claim 11.
(ii) Moog further discloses:
wherein the cowl comprises an outer wall and an inner wall (radially outer and radially inner walls of retaining ring 43, Fig 2), wherein the outer wall and the inner wall are substantially circular and substantially concentric (Figs 2-3), and
wherein the inner wall is slightly smaller than the outer wall such that the inner wall is disposed in an interior space of the cowl (Figs 1-2), the interior space being a volume defined by the outer wall (as defined, Fig 1), such that the outer wall and the inner wall define a circumferential space between the outer wall and the inner wall (Fig 2).
(h) Regarding claim 13:
(i) Moog as modified by Eibenstock teaches the apparatus of claim 12.
(ii) Moog further discloses wherein the apparatus further comprises a circular flange (brush ring 42 comprising ring 45 and bristles 46, Figs 2-3), wherein the circular flange is disposed in the circumferential space (Fig 2), and wherein the circular flange comprises a proximal perimeter and a distal perimeter (bottom and top ends of brush ring 42, Fig 2)
(i) Regarding claim 17:
(i) Moog as modified by Eibenstock teaches the apparatus of claim 11.
(ii) Moog further discloses wherein the cowl further comprises a vacuum port (suction nozzle 48, Figs 3/7-8), and wherein the outer wall further comprises a vacuum port hole (hole of nozzle 48, Figs 3/7-8), wherein the vacuum port interfaces with the vacuum port hole (Figs 3/7), to allow a vacuum to be reversibly attached to and removed from the vacuum port (suction hose 50, Fig 7, Par 0035).
(iii) Moog does not disclose wherein the vacuum port is reversibly detachable from the cowl, and reversibly attachable to the cowl.
(iv) Merely making a structure separable supports a prima facie determination of obviousness, see MPEP 2144.04(V)(C).
Claim(s) 5-7 and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 19503201 to Moog in view of DE 202014007856 to Elektrowerkzeuge GMBH Eibenstock (henceforth referred to as Eibenstock) as applied to claims 4 and 13 above, and further in view of US 7223161 to Kodani.
(a) Regarding claims 5 and 14:
(i) Moog as modified by Eibenstock teaches the apparatus of claim 4 and the apparatus of claim 13.
(ii) Moog as modified by Eibenstock does not teach:
wherein the circular flange comprises one or more flange elastic members,
wherein the one or more flange elastic members are disposed at the distal perimeter, and
wherein the one or more flange elastic members are distributed around the distal perimeter.
(iii) Kodani is also in the field of dust covers (see abstract) and teaches:
a circular flange (brush 32 and brush holder 33, Fig 6),
wherein the circular flange comprises one or more flange elastic members (springs 35, Fig 6),
wherein the one or more flange elastic members are disposed at a distal perimeter (Fig 6), and
wherein the one or more flange elastic members are distributed around the distal perimeter (Fig 6, Col 10 Lns 3-7).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the circular flange as taught by Moog as modified by Eibenstock with the above aforementioned flange elastic members as taught by Kodani for the purpose of automatically reducing the gap between the dust cover and the object to prevent dust from being scattered (see abstract).
(b) Regarding claims 6 and 15:
(i) Moog as modified by Eibenstock as further modified by Kodani teaches the apparatus of claim 5 and the apparatus of claim 14.
(ii) Kodani further teaches wherein the one or more flange elastic members comprise a sufficient number such that the circular flange is elastically pushed from multiple positions around the distal perimeter (Fig 6, Col 9 Lns 16-19, Col 10 Lns 3-7).
(c) Regarding claim 7:
(i) Moog as modified by Eibenstock teaches the apparatus of claim 4.
(ii) Moog as modified by Eibenstock do not teach:
wherein the outer wall comprises one or more wall-flange retainers, and
wherein the circular flange comprises one or more flange retention slots,
wherein the one or more flange retention slots are disposed around the circular flange, and
wherein the one or more flange retention slots are reversibly connected with or disposed over the one or more wall-flange retainers,
wherein the one or more flange retention slots may slide distally and proximally within the circumferential space, such that the one or more flange retention slots enable the circular flange to slide distally and proximally on the one or more wall-flange retainers, while the one or more wall-flange retainers prevent the circular flange from rotating within the circumferential space.
(iii) Kodani is also in the field of dust covers (see abstract) and teaches:
a cowl (dust cover 10, Fig 6) comprising an outer wall (circumferential wall 10b, Fig 6),
a circular flange (brush 32 and brush holder 33, Fig 6),
wherein the outer wall comprises one or more wall-flange retainers (bolts comprising external thread 37 protruding from internal thread hole 10j, Fig 6), and
wherein the circular flange comprises one or more flange retention slots (guide holes 33e, Fig 6),
wherein the one or more flange retention slots are disposed around the circular flange (Fig 6), and
wherein the one or more flange retention slots are reversibly connected with or disposed over the one or more wall-flange retainers (Col 8 Lns 61-65),
wherein the one or more flange retention slots may slide distally and proximally within the circumferential space, such that the one or more flange retention slots enable the circular flange to slide distally and proximally on the one or more wall-flange retainers, while the one or more wall-flange retainers prevent the circular flange from rotating within the circumferential space (Col 9 Lns 3-9).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cowl and circular flange as taught by Moog as modified by Eibenstock with the above aforementioned wall-flange retainers and flange retention slots for the purpose of allowing the circular flange to slide axially without rotating (Col 9 Lns 3-9) thereby allowing for a reduction of a gap between the dust cover and the object to prevent dust from being scattered (see abstract).
(d) Regarding claim 16:
(i) Moog as modified by Eibenstock as further modified by Kodani teaches the apparatus of claim 14.
(ii) Kodani further teaches:
wherein the outer wall comprises one or more wall-flange retainers (bolts comprising external thread 37 protruding from internal thread hole 10j, Fig 6), and
wherein the circular flange comprises one or more flange retention slots (guide holes 33e, Fig 6),
wherein the one or more flange retention slots are disposed around the circular flange (Fig 6), and
wherein the one or more flange retention slots are reversibly connected with or disposed over the one or more wall-flange retainers (Col 8 Lns 61-65),
wherein the one or more flange retention slots may slide distally and proximally within the circumferential space, such that the one or more flange retention slots enable the circular flange to slide distally and proximally on the one or more wall-flange retainers, while the one or more wall-flange retainers prevent the circular flange from rotating within the circumferential space (Col 9 Lns 3-9).
Claim(s) 9 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 19503201 to Moog in view of DE 202014007856 to Elektrowerkzeuge GMBH Eibenstock (henceforth referred to as Eibenstock) as applied to claims 8 and 17 above, and further in view of US 6921320 to Nielson.
(a) Regarding claims 9 and 18:
(i) Moog as modified by Eibenstock teaches the apparatus of claim 8 and the apparatus of claim 17.
(ii) Moog as modified by Eibenstock does not teach wherein all debris is pulled away from the surface through the circumferential space and then through the vacuum port.
(iii) Nielson is also in the field of dust catchers (see abstract) and teaches:
a cowl (deck 110 and dust catch 310, Fig 6) comprising a vacuum port (exhaust ports 330 and exhaust channels 331, Fig 3C), an outer wall, and an inner wall (outer wall 350 and inner wall 355, Fig 3C),
wherein the outer and inner walls are concentric and spaced apart (Fig 3C) and between which is a circumferential space (inlet 356, Figs 3C/4B/5B),
wherein all debris is pulled away from a surface through the circumferential space and then through the vacuum port (Col 6 Lns 12-15).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cowl as taught by Moog as modified by Eibenstock to pull debris through the circumferential space as taught by Nielson for the purpose of capturing dust particulates before they escape the outer periphery of the cowl (Col 6 Lns 16-19).
Claim(s) 10 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 19503201 to Moog in view of DE 202014007856 to Elektrowerkzeuge GMBH Eibenstock (henceforth referred to as Eibenstock) as applied to claims 1 and 11 above, and further in view of CN 112518464 to Sun.
(a) Regarding claim 10:
(i) Moog as modified by Eibenstock teaches the apparatus of claim 1.
(ii) Moog as modified by Eibenstock further teaches wherein the threaded mounting plate further comprises a plate notch (Moog: opening 41, Fig 1).
(iii) Moog as modified by Eibenstock does not teach wherein the handle further comprises one or more fluid control ports, and a handle-fluid line, and a fluid control switch.
(iv) Sun is also in the field of dust reduction (Par n0001) and teaches a grinding apparatus comprising a handle (base 4, handle 5, rubber pad 6; Fig 1), wherein the handle comprises on or more fluid control ports (sprinkler head 10 and/or inlet of water inlet pipe 13, Fig 2), and a handle-fluid line (water outlet pipe 12 and water inlet pipe 13, Fig 2), and a fluid control switch (spray switch 15, Fig 3).
(v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handle as taught by Moog as modified by Eibenstock with the above aforementioned fluid control ports, handle-fluid line, and fluid control switch for the purpose of reducing dust and heat generation in grinding equipment and extending the lifespan of the grinder (Par n0013).
(b) Regarding claim 19:
(i) Moog as modified by Eibenstock teaches the apparatus of claim 11.
(ii) Moog further discloses wherein the apparatus further comprises a handle (handle 52, Fig 7-8).
(iii) Moog does not disclose wherein the handle further comprises one or more fluid control ports, and a handle-fluid line, and a fluid control switch.
(iv) Sun is also in the field of dust reduction (Par n0001) and teaches a grinding apparatus comprising a handle (base 4, handle 5, rubber pad 6; Fig 1), wherein the handle comprises on or more fluid control ports (sprinkler head 10 and/or inlet of water inlet pipe 13, Fig 2), and a handle-fluid line (water outlet pipe 12 and water inlet pipe 13, Fig 2), and a fluid control switch (spray switch 15, Fig 3).
(v) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handle as disclosed by Moog with the above aforementioned fluid control ports, handle-fluid line, and fluid control switch for the purpose of reducing dust and heat generation in grinding equipment and extending the lifespan of the grinder (Par n0013).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over DE 19503201 to Moog in view of DE 202014007856 to Elektrowerkzeuge GMBH Eibenstock (henceforth referred to as Eibenstock) in further in view of US 7223161 to Kodani.
(a) Regarding claim 20:
(i) Moog discloses an apparatus for containing particulates while grinding a surface, the apparatus comprising:
a mounting plate (flange 38, Fig 1), wherein the mounting plate can be reversibly attached to and detached from a grinder (attached to grinder 10 via fastening screws 47/47’/49/49’, Fig 3); and
wherein the mounting plate comprises a plate protrusion (portion of flange 38 extending away from grinder, Fig 1), wherein the plate protrusion is approximately cylindrical (reasonably disclosed in Figs 1/3/7);
a cowl (portion of grinder guard 40 including U-profile retaining ring 43 and excluding flange 38, Figs 1-2);
wherein the cowl comprises an outer wall and an inner wall (radially outer and radially inner walls of retaining ring 43, Fig 2), wherein the outer wall and the inner wall are substantially circular and substantially concentric (Figs 2-3), and define a circumferential space between the outer wall and the inner wall (Fig 2); and
wherein the apparatus further comprises a circular flange (brush ring 42 comprising ring 45 and bristles 46, Figs 2-3), wherein the circular flange is disposed in the circumferential space (Fig 2), and wherein the circular flange comprises a proximal perimeter and a distal perimeter (bottom and top ends of brush ring 42, Fig 2).
(ii) Moog does not disclose wherein the cowl comprises a cowl mount, wherein the cowl mount comprises a mount, and wherein the cowl can be mounted onto and off of the mounting plate.
(iii) Eibenstock is also in the field of cleaning surfaces (see title, Par 0001) and teaches:
a mounting plate (flange 1, Fig 1, Par 0020),
a cowl (feed ring 2 and suction hood 3, Fig 1),
wherein the cowl comprises a cowl mount (feed ring 2, Fig 1),
wherein the cowl mount comprises a mount (threaded portion of feed ring 2, Fig 1), and wherein the cowl can be mounted onto and off of the mounting plate (Par 0020).
(iv) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cowl as disclosed by Moog with the above aforementioned cowl mount as taught by Eibenstock for the purpose of allowing for adjustment of working depth (Pars 0028-0029).
(v) Moog as modified by Eibenstock does not teach:
wherein the circular flange comprises one or more flange elastic members,
wherein the one or more flange elastic members are disposed at the distal perimeter, and
wherein the one or more flange elastic members are distributed around the distal perimeter; and
wherein the outer wall comprises one or more wall-flange retainers, and
wherein the circular flange comprises one or more flange retention slots,
wherein the one or more flange retention slots are disposed around the circular flange, and
wherein the one or more flange retention slots are reversibly connected with or disposed over the one or more wall-flange retainers,
wherein the one or more flange retention slots may slide distally and proximally within the circumferential space, such that the one or more flange retention slots enable the circular flange to slide distally and proximally on the one or more wall-flange retainers, while the one or more wall-flange retainers prevent the circular flange from rotating within the circumferential space.
(vi) Kodani is also in the field of dust covers (see abstract) and teaches:
a cowl (dust cover 10, Fig 6) comprising an outer wall (circumferential wall 10b, Fig 6),
a circular flange (brush 32 and brush holder 33, Fig 6),
wherein the circular flange comprises one or more flange elastic members (springs 35, Fig 6),
wherein the one or more flange elastic members are disposed at a distal perimeter (Fig 6), and
wherein the one or more flange elastic members are distributed around the distal perimeter (Fig 6, Col 10 Lns 3-7),
wherein the outer wall comprises one or more wall-flange retainers (bolts comprising external thread 37 protruding from internal thread hole 10j, Fig 6), and
wherein the circular flange comprises one or more flange retention slots (guide holes 33e, Fig 6),
wherein the one or more flange retention slots are disposed around the circular flange (Fig 6), and
wherein the one or more flange retention slots are reversibly connected with or disposed over the one or more wall-flange retainers (Col 8 Lns 61-65),
wherein the one or more flange retention slots may slide distally and proximally within the circumferential space, such that the one or more flange retention slots enable the circular flange to slide distally and proximally on the one or more wall-flange retainers, while the one or more wall-flange retainers prevent the circular flange from rotating within the circumferential space (Col 9 Lns 3-9).
(vii) It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cowl and circular flange as taught by Moog as modified by Eibenstock with the above aforementioned flange elastic members, wall-flange retainers, and retention slots as taught by Kodani for the purpose of allowing the circular flange to slide axially without rotating (Col 9 Lns 3-9) thereby allowing for a reduction of a gap between the dust cover and the object to prevent dust from being scattered (see abstract).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 12011804 to Irving teaches a dust shroud comprising a cowl with removeable vacuum port and mounting plate (Fig 2). CN 113579951 to Xu teaches a cowl having a circular flange (14) with elastic members (springs 15, Fig 3). CN 107097116 to Jin teaches a circumferential space (groove 16) with a circumferential flange therein (bristles 15), the circumferential flange comprising a plurality of circumferentially spaced elastic members (springs 17, Fig 2). US 20120184192 to Kawamata teaches a circular flange (40/41, Fig 2) comprising a plurality of circumferentially spaced elastic members (springs 42, Fig 2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Justin A Pruitt whose telephone number is (571)272-8383. The examiner can normally be reached T-F 8:30am - 6:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel Wiehe can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUSTIN A PRUITT/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745