DETAILED ACTION
The amendment filed 1/8/2026 has been entered.
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 .
Response to Arguments
Applicant’s arguments with respect to the applicability of the previous rejection(s) to the instantly amended claim(s) have been fully considered and are persuasive. Therefore, the rejection(s) have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Fleischer et al. (US 3,095,047).
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 23 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 23 lacks antecedent basis for “the piston” and is therefore indefinite.
Claim Rejections - 35 USC § 102
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) 22-24 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Fleischer et al. (US 3,095,047).
In regard to claim 22, Fleischer et al. discloses a valve assembly for a down-the-hole drill hammer comprising: a valve housing (4, as in figs 4-9); an annular control valve (30) mounted within and moveable relative to the valve housing (as in figs 4-9 as shown in various positions); a piston follower valve (40, labeled in fig 3) positioned downstream the annular control valve (where flow through 53 is from 30 to 40) and moveable relative to the valve housing and the annular control valve (as in fig 4-9 shown in various relative positions).
In regard to claim 23, Fleischer et al. disclose wherein the piston follower valve is in abutting contact with a piston (40 as abutting 36 as in fig 3 or 26 as abutting 26 as in fig 5).
In regard to claim 24, Fleischer et al. disclose wherein the piston follower valve is moveable within the annular control valve (as in figs 4-9 shown in various positions within).
Allowable Subject Matter
Claims 1-3, 5-8, and 10-21 are allowed.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 D Andrews whose telephone number is (571)272-6558. The examiner can normally be reached M-F, 7-3.
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/D. ANDREWS/Primary Examiner, Art Unit 3672
3/18/2026