DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in response to the claims filed 12/08/2023.
Claims 1-20 are presented for examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/08/2023 and 6/11/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 3 is objected to because of the following informalities.
In claim 3, it is assumed that the word “between” is missing in line 3 between “the rib is positioned” and “a portion of”.
Claim 17 recites dependence on claim 13. This is assumed to be a typo, and claim 17 was assumed to depend off of claim 14.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 7, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oke in WO97/05421 (hereinafter “Oke”)
Regarding claim 1, Oke discloses a hollow articulating structure (see Fig. 1) configured to connect to a vacuum source (page 1, lines 4-7, removal of solids from a work area) comprising: a first hollow pipe connected to the vacuum source (Fig. 1, 2); a second hollow pipe (Fig. 1, 3); and a knuckle assembly (Fig. 1, 4) comprising: a first knuckle member (Fig. 5(a), 32) that includes a first opening that receives an end of the first hollow pipe with a friction fit (seen in Fig. 1), a second opening (seen opposite the right opening in Fig. 6(a)), a first knuckle member body extending from the first opening to the second opening creating a first passageway from the first opening to the second opening (Fig. 6(a), 35 and 37); wherein the first passageway at the first opening is oriented in a different direction than the first passageway at the second opening (seen in Fig. 6(b)); a second knuckle member (Fig. 6(a), 31) that includes a third opening that receives a first end of the second hollow pipe (far right of 32), a fourth opening (left opening of 32), a second knuckle member body extending from the third opening to the fourth opening creating a second passageway from the third opening to the fourth opening (Fig. 6(a), 35(a) and 37(a)); wherein the second passageway at the third opening is oriented in a different direction than the second passageway at the fourth opening (seen in Fig. 6(b)); and wherein the first knuckle member is selectively rotationally fixed to the second knuckle member or rotationally movable with the second knuckle member (Page 8, lines 19-28).
Regarding claim 2, Oke discloses the first knuckle member and the second knuckle member are rotationally movable to each other, the first knuckle member and the second knuckle member are rotationally movable to each other through 360 degrees (seen in Fig. 6(b)).
Regarding claim 7, Oke discloses the hollow articulating structure of claim 1, wherein the knuckle assembly further comprises: a mechanical fastener that extends through a first side opening of the second knuckle member and also extending through a second side opening of the first knuckle member to connect the first knuckle member and the second knuckle member; wherein when a nut is tightened on the mechanical fastener, the first knuckle member is rotationally fixed to the second knuckle member; and wherein when the nut is loosened on the mechanical fastener, the first knuckle member is rotationally movable with the second knuckle member (see the fastener with a three-lobed handle in Fig. 1(a) and 1(b) that is at the knuckle 4; see also Fig. 6(a) showing an exploded view of the fastener/nut interface to the knuckle; page 8 second paragraph).
Regarding claim 13, Oke discloses the hollow articulating structure of claim 1, wherein a dust collector is connected to the vacuum source and connected to the first hollow pipe (Oke is directed to flexible joints in vacuum systems; see pages 1-2).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oke alone.
Regarding claim 8, Oke discloses a washer located between the nut and the second side opening, wherein the washer has a first washer surface that contacts an outer surface of the first knuckle member body adjacent the second side opening, wherein the first washer surface has a first coefficient of friction, and the outer surface of the first knuckle member has a second coefficient of friction (see washer 43 in Fig. 6(a)). Oke does not explicitly disclose that the first coefficient of friction is less than the second coefficient of friction. However, the Court has held that the selection of a known material based on its suitability for an intended purpose supports a prima facie obviousness determination. Here, simple selection of common known materials for the washer and knuckle member such as plastics and metals such that the washer has lower coefficient of friction than the knuckle would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified. For example, making the knuckle out of some plastic and using a stainless-steel washer would have been obvious to person of ordinary skill. See MPEP 2144.07.
Regarding claim 9, Oke does not explicitly disclose the hollow articulating structure of claim 1, wherein the first knuckle member is formed from a clear polymer material. However, Oke does specifically mention that the plastics are suitable material for construction of his device. Claim 9 is rejected upon the grounds that a person having ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to have modified Oke to employ a clear plastic as that would simply be employing a known material for its art recognized suitability. One of ordinary skill would be motivated to employ a clear plastic in order to be able to see inside of the articulating arm structure. See MPEP 2144.07.
Allowable Subject Matter
Claims 14-20 allowed (once the objection to claim 17 above is addressed).
Claims 3-6 and 10-12 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter.
Regarding claim 3, the prior art of record, either alone or in combination, is silent to the hollow articulating structure of claim 1, wherein the knuckle assembly further comprises a bushing that includes a cylindrical bushing wall and a rib that extends outward from the bushing wall, wherein the rib is positioned a portion of the first knuckle member and a portion of the second knuckle member. Oke, applied above and considered the closest art of record, lacks any analogous rib on a bushing between knuckles. Claims 4-6 depend on claim 3.
Regarding claim 10, the prior art of record, either alone or in combination, is silent to the hollow articulating structure of claim 3, wherein the knuckle assembly further comprises: a first gasket received in a first groove located on a first outward facing surface of a first flange extending around the second opening of the first knuckle member, wherein the first outward facing surface extends from a perimeter edge of the first flange to an interior edge of the second opening; and a second gasket received in a second groove located on a second outward facing surface of the second flange extending around the fourth opening of the second knuckle member, wherein the second outward facing surface extends from a perimeter edge of the second flange to an interior edge of the fourth opening; and wherein the rib of the bushing is located between the first gasket and the second gasket. Oke, applied above and considered the closest art of record, discloses a seal ring structure between adjacent segments of an articulating arm, but not the specifically set forth groove and gasket structure required of claim 10. Claims 11-12 depend on claim 10.
Regarding claims 14 and 18, the prior art of record, either alone or in combination, is silent to the specifically set forth hollow articulating structure and knuckles having each and every limitation set forth in the claims. Oke, applied above and considered the closest art of record, discloses an analogous structure, but lacks the specifically set forth groove and flange structure of claim 14 or the ribbed bushing is combination with all of the other requirements of claim 18. Claims 15-17 depend on claim 14 and claims 19-20 depend on claim 18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Relevant Prior Art:
US6315259 discloses an articulating arm structure with a threaded fastener configured to allow adjustment and retention of angular relations of arm segments.
US20070044268 discloses a dust collection vacuum system with an adjustable articulating arm.
US12290845 discloses an adjustable gaseous fluid extractor assembly including a first portion and a second portion. The assembly further includes a pivot mechanism providing that the first portion is pivotable relative the second portion about a respective first and second axis. The assembly further includes a flexible tubing element coupled to the first portion and to the second portion. The pivot mechanism is arranged exterior the flexible tubing element.
US4540202 discloses an articulated tubular conduit arm for sucking gaseous fluids.
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/ELDON T BROCKMAN/Primary Examiner, Art Unit 3799