DETAILED ACTION
This is the second office action or US Application 18/445,452 for an Accessory Mount for a Electric Drill.
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 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 2 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.
The claims are generally narrative and indefinite, failing to conform with current U.S. practice, and are replete with grammatical and idiomatic errors.
Claim 2 recites the limitation "the accessory" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the drill motor" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation "the accessory mount" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation “the other side of the mount” in the 2nd to last line. There is insufficient antecedent basis for this limitation in the claim.
For reasons noted above, the claims are unclear, but will be examined to the best extent possible.
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2023,0117562 to Nooner et al. Regarding claim 2, Nooner et al. discloses a universal attachment point on a handheld electric drill to accept and add accessories to a drill (see figures 1A and 1B, and see paragraph 0033). Nooner et al. discloses an apparatus (100) shaped in a way that allows different accessories to slide and lock into place making the accessory part of the drill (accessories can slide into clip 110, which then locks them into place). The apparatus is securely mounted to a drill motor (via drill 10) and sticks out the top of the drill (10… see Figure 1B). The location of the mount is on the back of the drill facing the top and the accessory mount has cuts and grooves (153b, 154b) that allow another piece to slide and lock together to fasten accessories securely. The mount is attached to the drill and fixed to a strong point to withstand forces an accessory can produce.
Nooner et al. does not disclose the apparatus as made of metal. However, the specific material used is a design preference that would have been obvious to one of ordinary skill before the effective filing date of the present invention. One of ordinary skill in the art would know that a known material, such as metal, can be utilized as the material based on strength and cost considerations.
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 STEVEN M MARSH whose telephone number is (571)272-6819. The examiner can normally be reached Mon-Thurs 9 am-7:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Terrell McKinnon can be reached on 571-272-4797. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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STEVEN M. MARSH
Primary Examiner
Art Unit 3632
/STEVEN M MARSH/Primary Examiner, Art Unit 3632