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 .
Status of Claims
Claims 15-20 and 22-27 have been amended. Claims 1-14, 21, and 28 have been canceled. Claims 29 and 30 have been added. Claims 15-20, 22-27, 29, and 30 have been examined on the merits.
Response to Arguments
Applicant’s arguments, see Page 6, filed 05/03/2026, with respect to the amendments to the claim objections are persuasive. The claim objections have been withdrawn.
Applicant’s arguments, see Page 6, filed 05/03/2026, with respect to the previous 35 U.S.C. § 112(b) rejections are persuasive. The previous 35 U.S.C. § 112(b) rejections have been withdrawn.
Applicant’s arguments, see Pages 6-9, filed 05/03/2026, with respect to the rejections under 35 U.S.C. § 102(a)(1) have been considered but are moot because the claims have been amended and the new grounds of rejection do not rely on the reference or combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 15-20, 22-27, 29, and 30 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 15 recites: “produced when working with a tool…the working space is substantially closed for use with a tool”. As claimed, it is unclear whether both recited tools are the same or different. For examination purposes, both “tools” have been construed as the same. Similarly, claim 29 recites: “configured to receive a drill tool”. For examination purposes, “a drill tool” has been construed as the same tool of claim 15.
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.
Claims 15-20, 22-27, 29, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over SCHNITZLER DE 102013215788 A1 and Chepurny (US 20190224798 A1).
Referring to claim 15: SCHNITZLER teaches a vacuum device (10a Figs. 1 and 2) for removing dust produced when working with a tool (36a Fig. 1) in masonry, comprising: a negative pressure chamber (80a Figs. 2 and 3);
a connection (26a Figs. 2 and 3) for a suction unit (38a Fig. 1), the connection being in fluid communication with the negative pressure chamber (80a Figs. 2 and 3) via a first opening (opening of 26a shown in Figs. 2 and 3),
a working space (64a Figs. 2 and 3, between walls 14a, 68a, and 92a) the working space being delimited by a wall arrangement (walls arrangement 14a, 68a, and 92a Figs. 2 and 3) comprising
a transverse wall (68a Figs. 2 and 3),
a side wall (14a Figs. 2 and 3), and
a cover region (92a Figs. 2 and 3) including a sealing part (sealing edge of 78a Figs. 2 and 3 which seals with 46a Fig. 1),
wherein the transverse wall (68a Figs. 2 and 3) separates the working space (64a Figs. 2 and 3, between walls 14a, 68a, and 92a) from the negative pressure chamber (80a Figs. 2 and 3).
But is silent on an adjustable wall,
wherein the adjustable wall is pivotally connected to the side wall and is movable between
a closed position in which the working space is substantially closed for use with a tool that remains stationary relative to the vacuum device, and
an open position in which the working space is opened to permit capture of material produced by a tool that moves relative to the vacuum device.
Chepurny in an analogous vacuum device (28 Figs. 11A-11C) teaches an adjustable wall (67 Figs. 11A and 11B),
wherein the adjustable wall (67 Figs. 11A and 11B) is pivotally connected (“the gate 67 could be rotatably secured to the shield 28 using a hinge (not shown)” [0084]; “It will be appreciated that a different set of elements could be used to achieve selectively removable mounting of the gate 67 to the shield 28, such as screws, clips, a friction fitting, etc.” [0087]) to the similar configuration side wall (side wall of 28 Figs. 11A-11C) and is movable between
a closed position (“can be selectively opened and closed by adjusting the gate 67” [0064]) in which the similar configuration working space (working space enclosed by walls of 28 and 30 Fig. 11A) is substantially closed for use with a tool that remains stationary relative to the vacuum device (28 Figs. 11A-11C), and
an open position (“can be selectively opened and closed by adjusting the gate 67” [0064]) in which the similar configuration working space (working space enclosed by walls of 28 and 30 Fig. 11A) is opened to permit capture of material produced by similar configuration tool (“cutting tool” [0062]) that moves relative to the vacuum device.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the vacuum device of SCHNITZLER with the adjustable wall as taught by Chepurny for the purpose of facilitating tool insertion and removal [0084 of Chepurny].
Referring to claim 16: SCHNITZLER as modified teaches the vacuum device according to claim 15, wherein the adjustable wall (67 Figs. 11A and 11B of Chepurny) is pivotally mounted (shown pivotally mounted in Fig. 11A of Chepurny) about an axis (axis of 69 Fig. 11B of Chepurny).
Referring to claim 17: SCHNITZLER as modified teaches the vacuum device according to claim 15, wherein the adjustable wall (67 Figs. 11A and 11B of Chepurny) and the similar configuration connection (32 Fig. 11A of Chepurny; 26a Figs. 2 and 3 of SCHNITZLER) for the suction unit (38a Fig. 1 of SCHNITZLER) are arranged on opposite sides of a housing (housing of 28 Figs. 11A-11C of Chepurny; housing of 10a Fig. 2 of SCHNITZLER) of the vacuum device.
Referring to claim 18: SCHNITZLER as modified teaches the vacuum device according to claim 17, wherein the transverse wall (68a Figs. 2 and 3) comprises at least one second opening (70a Fig. 2) providing fluid communication between the working space (64a Figs. 2 and 3, between walls 14a, 68a, and 92a) and the connection (26a Figs. 2 and 3) through the transverse wall (68a Figs. 2 and 3).
Referring to claim 19: SCHNITZLER as modified teaches the vacuum device according to claim 18, The vacuum device according to wherein the adjustable wall (67 Figs. 11A and 11B of Chepurny) lies opposite the similar configuration transverse wall (34a Fig. 11C) relative to a
longitudinal extension of the housing (housing of 28 Figs. 11A-11C of Chepurny).
Referring to claim 20: SCHNITZLER as modified teaches the vacuum device according to claim 15, but is silent on wherein the adjustable wall comprises two wall sections, each wall section being pivotally connected to the side wall about a respective axis, wherein the two wall sections are pivotable in opposite directions relative to one another.
Chepurny in an analogous vacuum device (28 Figs. 11A-11C) teaches wherein the adjustable wall (67 Figs. 11A and 11B) comprises two wall sections (“the gate 67 could comprise two or more gates (not shown), arranged like the swinging doors of a saloon” [0086] of Chepurny), each wall section being pivotally connected to the side wall about a respective axis (pivoting axis of each 67, PA Fig. 2-A inserted below), wherein the two wall sections (each 67 Figs. 11A and 11B) are pivotable in opposite directions (pivot in opposite direction when the doors of Fig. 2-A are viewed from above) relative to one another.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the vacuum device of SCHNITZLER with the adjustable walls as taught by Chepurny for the purpose of facilitating tool insertion and removal [0084 of Chepurny].
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Referring to claim 22: SCHNITZLER as modified teaches the vacuum device according to claim 15, wherein the adjustable wall (67 Figs. 11A and 11B of Chepurny) is curved along its length (shown in Figs. 11A and 11B).
Referring to claim 23: SCHNITZLER as modified teaches the vacuum device according to claim 15, wherein the adjustable wall (67 Figs. 11A and 11B of Chepurny) is pivotally mounted at a side edge (side edge of 67 shown in Figs. 11A and 11B).
Referring to claim 24: SCHNITZLER as modified teaches the vacuum device according to claim 20, wherein the two wall sections (each 67 Figs. 11A and 11B of Chepurny) abut one another with their end faces (both 67 abut at EF Fig. 2-A inserted above) in their position closing the working space (working space enclosed by walls of 28 and 30 Fig. 11A of Chepurny).
Referring to claim 25: SCHNITZLER as modified teaches the vacuum device according to claim 17, wherein the working space (64a Figs. 2 and 3, between walls 14a, 68a, and 92a of SCHNITZLER) and the negative pressure chamber (80a Figs. 2 and 3 of SCHNITZLER) are open at an underside (shown in Fig. 2 of SCHNITZLER; shown in Fig. 11C of Chepurny) of the housing (housing of 10a Fig. 2 of SCHNITZLER; housing of 28 Figs. 11A-11C of Chepurny).
Referring to claim 26: SCHNITZLER as modified teaches the vacuum device according to claim 15, wherein the transverse wall (68a Figs. 2 and 3 of SCHNITZLER), the side wall (14a Figs. 2 and 3 of SCHNITZLER) are each provided with sealing elements (72a Fig. 2; “sealing element” [0033] of SCHNITZLER) on respective free edges (shown in Fig. 2 of SCHNITZLER) thereof.
But is silent on the adjustable wall specifically having a sealing element on its free edge.
Chepurny in an analogous vacuum device (28 Figs. 11A-11C) teaches the adjustable wall (67 Figs. 11A and 11B) specifically having a sealing element (30A Figs. 11A and 11B) on its free edge (shown in Fig. 11B).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the vacuum device of SCHNITZLER with the adjustable wall and its sealing element as taught by Chepurny for the purpose of ensuring the sealed area for containing debris includes the articulating door.
Referring to claim 27: SCHNITZLER as modified teaches the vacuum device according to claim 17, wherein the housing (housing of 28 Figs. 11A-11C of Chepurny; housing of 10a Fig. 2 of SCHNITZLER) is designed to be mirror-symmetrical about a longitudinal center plane (CL Fig. 1-A inserted below).
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Referring to claim 29: SCHNITZLER as modified teaches the vacuum device according to claim 15, wherein the sealing part (sealing edge of 78a Figs. 2 and 3 which seals with 46a Fig. 1 of SCHNITZLER) is held in a retaining ring (ring of 78a Figs. 2 and 3 of SCHNITZLER) fixed relative to the negative pressure chamber (80a Figs. 2 and 3 of SCHNITZLER) and comprises a passage (passage of 78a Figs. 2 and 3 of SCHNITZLER) configured to receive a drill tool (36a Fig. 1).
Referring to claim 30: SCHNITZLER as modified teaches the vacuum device according to claim 15, wherein the connection (26a Figs. 2 and 3 of SCHNITZLER) extends through the negative pressure chamber (80a Figs. 2 and 3 of SCHNITZLER) toward a second opening (70a Fig. 2 of SCHNITZLER) in the transverse wall (68a Figs. 2 and 3 of SCHNITZLER), wherein a negative pressure (generated by suction device attached to 26a) is generatable in the negative pressure chamber (80a Figs. 2 and 3) by the suction unit (38a Fig. 1 of SCHNITZLER) through the first opening (opening of 26a shown in Figs. 2 and 3 of SCHNITZLER) to hold the vacuum device in place on a wall (shown in Fig. 1 of SCHNITZLER), and wherein the second opening (70a Fig. 2 of SCHNITZLER) provides fluid communication between the working space (64a Figs. 2 and 3, between walls 14a, 68a, and 92a of SCHNITZLER) and the connection (26a Figs. 2 and 3 of SCHNITZLER), but is silent on wherein the first opening and the second opening are arranged substantially perpendicular to one another.
Chepurny in an analogous vacuum device (28 Figs. 11A-11C) teaches wherein the similar configuration first opening (32 Fig. 11C) and the similar configuration second opening (34A Fig. 11C; “The channels 34A, 34B are in fluid communication with the vacuum conduit 34” [0095]) are arranged substantially perpendicular to one another (shown in Fig. 11C).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the vacuum device of SCHNITZLER as modified with the perpendicular openings as taught by Chepurny for the purpose of having an alternate configuration vacuum device which can be used in a different orientation, and since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04(VI)(C)
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 CHRISTOPHER SOTO whose telephone number is (571)272-8172. The examiner can normally be reached Monday-Friday, 8a.m. - 5 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER SOTO
Examiner
Art Unit 3723
/CHRISTOPHER SOTO/Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
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