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 .
This action is in response to the amendments and remarks received on May 26, 2026.
Response to Arguments
Applicant's arguments filed May 26, 2026 have been fully considered but they are not persuasive.
Applicant has argued that valve 57 of PERKINS fails to detail the structure nor function of element (button/push rod) 62 that is slidably received within the cylinder (figure 18) of the valve. Examiner agrees that column 3 lines 41-48 of PERKINS is referenced as the detailed description of the safety valve operation; however, column 5 lines 8-18 further describes the operation of the safety valve. In particular, movement of the gate 32 to an open (face) position (figure 20) allows the push rod to slide outwardly of the valve cylinder and the movement of the gate 32 to a closed (face) position (figure 19) causes the push rod to slide into the valve cylinder. Thus, Examiner maintains the rejection of the claimed invention as anticipated by PERKINS.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 17 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 33. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim.1
Claim Rejections - 35 USC § 102
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 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 16, 31 and 32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by PERKINS (US 3,987,881).
In reference to claim 16, figure 4 of PERKINS discloses an apparatus comprising: a (gated) housing defining a work area for accommodating at least one working station (column 2 lines 59-68); a movable cover 38 for opening and closing the housing, the at least one working station including at least one pneumatically actuatable 23 tool (punch press) that is operatively connected to the cover 38 by a safety device (column 4 line 64- column 5 line 3); the safety device comprising a valve 57 switchable solely in a mechanical manner, such that opening of the cover 38 switches the safety valve to stop the at least one pneumatically actuatable tool (column 5 lines 8-18); wherein the safety valve 57 is connected to the cover 32 in a frictional manner (column 5 lines 8-20 and 60-62); and wherein the safety valve 57 comprises a hollow cylinder (figure 18) in which a push rod 62 is guided in a sliding manner, the hollow cylinder being configured in a closed manner at one closed end face (figure 19) and in an open manner at an opposite open end face in such a way that the push rod protrudes out of the hollow cylinder at the open end face (figure 20).
Regarding claim 31, PERKINS further discloses a pivotable cover 38 that is connected to the safety valve 57 for operation of the at least one pneumatically actuatable tool (column 3 line 67- column 4 line 7).
With respect to claim 32, figure 5 of PERKINS discloses the safety valve 57 spaced from the moveable cover(s) 32, 38.
Allowable Subject Matter
Claim 33 is allowed.
Claims 17 and 19-30 are 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.
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 GLORIA R WEEKS whose telephone number is (571)272-4473. The examiner can normally be reached M-F 8am-2pm & 5pm-7pm EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached on 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
August 12, 2026
1 See MPEP § 608.01(m).
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