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 .
Claim Objections
Claim 24 is objected to because of the following informalities: “The vacuum device according to one of claim 20”, and should be “The vacuum device according to claim 20” for clarity.
Claim 27 is objected to because of the following informalities: “to its longitudinal center plane”, and should be “to a longitudinal center plane” to avoid an antecedent error since it has not been introduced in the previous claims.
Appropriate correction is required.
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 26 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 26 recites: “wherein side walls delimiting the working space”. Claim 1 recites: “a working space delimited by a wall”. Claim 26 is unclear as “side walls” have not been introduced. For examination purposes, the limitation of “wherein side walls delimiting the working space” has been construed as “wherein the wall delimiting the working space”.
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.
Claims 15, 16, 20-24, 26, and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Neale (US 10377007 B2).
Referring to claim 15: Neale discloses a vacuum device (102 Figs. 15-19) capable for removing dust produced when working with a tool in masonry, comprising: a negative pressure chamber (114 Figs. 16 and 19); a working space (working space between 900 and 902 Figs. 15-19) delimited by a wall (walls of 900 and 902 Figs. 15-19); and a connection (118 Fig. 7A) for a suction unit, wherein the wall delimiting the working space (working space between 900 and 902 Figs. 15-19) includes an adjustable wall section (adjustable wall section of 900 and 902 Figs. 15-19) which can be adjusted into a position opening (shown in Fig. 19) the working space (working space between 900 and 902 Figs. 15-19).
Referring to claim 16: Neale discloses the vacuum device according to claim 15, wherein the adjustable wall section (adjustable wall section of 900 and 902 Figs. 15-19) is pivotally mounted about an axis (axis of 912 shown in Figs. 15-19).
Referring to claim 20: Neale discloses the vacuum device according to claim 15, wherein the wall (walls of 900 and 902 Figs. 15-19) delimiting the working space (working space between 900 and 902 Figs. 15-19) has two wall sections (900 and 902 Figs. 15-19) which can be adjusted in opposite directions (shown in Fig. 19).
Referring to claim 21: Neale discloses the vacuum device according to claim 20, wherein the two wall sections (900 and 902 Figs. 15-19) can each be pivoted in opposite directions to one another about a respective axis (axis of 900’s structure and axis of 902’s structure).
Referring to claim 22: Neale discloses the vacuum device according to claim 15, wherein the adjustable wall section (adjustable wall section of 900 and 902 Figs. 15-19) is curved along its length (shown in Figs. 15-19).
Referring to claim 23: Neale discloses the vacuum device according to claim 15, wherein the adjustable wall section (adjustable wall section of 900 and 902 Figs. 15-19) is pivotally mounted with a side edge (side edge of 700 shown in Fig. 19).
Referring to claim 24: Neale discloses the vacuum device according to one of claim 20, wherein the two wall sections (900 and 902 Figs. 15-19) abut one another with their end faces (end faces of edges of their respective 700 shown in Fig. 19) in their position closing the working space (working space between 900 and 902 Figs. 15-19).
Referring to claim 26: Neale discloses the vacuum device according to claim 15, wherein side walls (walls of 900 and 902 Figs. 15-19) delimiting the working space (working space between 900 and 902 Figs. 15-19) and the negative pressure chamber (114 Figs. 16 and 19) are provided with sealing elements (“a gasket or seal may be coupled to the outer rim, and sealingly engage the surface of the workpiece” Col. 6, lines 16-17) on a free edge (free edge which is fit against workpiece).
Referring to claim 28: Neale discloses the vacuum device according to claim 15, wherein the connection (118 Fig. 7A) is connected to the negative pressure chamber (114 Figs. 16 and 19) via at least one opening (opening shown in Fig. 6).
Claims 15, 17-19, 25, and 27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holzmeier (US 20210170537 A1).
Referring to claim 15: Holzmeier discloses a vacuum device (1 Figs. 1-9) capable for removing dust produced when working with a tool in masonry, comprising: a negative pressure chamber (25 Figs. 4-8); a working space (7 Figs. 4-8) delimited by a wall (walls of 50, 51, and 3 shown in Figs. 2-7); and a connection (5 Fig. 1) for a suction unit, wherein the wall delimiting the working space (7 Figs. 4-8) includes an adjustable wall section (50 and 51 Figs. 2-7) which can be adjusted into a position opening (shown in Figs. 3, 5, and 6) the working space (7 Figs. 4-8).
Referring to claim 17: Holzmeier discloses the vacuum device according to claim 15, wherein the adjustable wall section (50 and 51 Figs. 2-7) and the connection (5 Fig. 1) for the suction unit are arranged on opposite sides (shown in Fig. 2) of a housing (housing of 1 Figs. 1-9) of the vacuum device (1 Figs. 1-9).
Referring to claim 18: Holzmeier discloses the vacuum device according to claim 17, wherein a transverse wall (26 Figs. 4-8) is arranged between the negative pressure chamber (25 Figs. 4-8) and the working space (7 Figs. 4-8), and wherein the transverse wall (26 Figs. 4-8) comprises at least one opening (45 Figs. 4-8) which connects the working space (7 Figs. 4-8) to the connection (5 Fig. 1) through the transverse wall (26 Figs. 4-8).
Referring to claim 19: Holzmeier discloses the vacuum device according to claim 18, wherein the adjustable wall section (50 and 51 Figs. 2-7) lies opposite the transverse wall (26 Figs. 4-8) relative to a longitudinal extension (20 and 21 Figs. 4-8) of the housing (housing of 1 Figs. 1-9).
Referring to claim 25: Holzmeier discloses the vacuum device according to claim 17, wherein the working space (7 Figs. 4-8) and the negative pressure chamber (25 Figs. 4-8) are open (shown in Figs. 4-7) on an underside of the housing (housing of 1 Figs. 1-9).
Referring to claim 27: Holzmeier discloses the vacuum device according to claim 17, wherein the housing (housing of 1 Figs. 1-9) is designed to be mirror-symmetrical to its longitudinal center plane (6 Figs. 3 and 7).
Conclusion
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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