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 § 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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cuyler et al. (US 2003/0224198).
Regarding Claim 1, Cuyler et al. teaches a masking fixture [800], comprising: an insertion portion [830] fitted into an opening in a workpiece [850]; a covering portion [820] above the insertion portion [830] and covering the opening of the workpiece [850]; and an eave portion [810] above the covering portion [820] and projecting outwards from an outer end of the covering portion (See Fig. 7 page 4, paragraphs [0048]-[0049], wherein magnetic portion [820] is a cover portion as claimed, masking plug [810] is a eave portion as claimed, wherein protruding portion [830] enter the opening in the workpiece sheet metal [850] and magnetic portion [820] covers the opening).
Regarding Claim 2, Cuyler et al. clearly illustrates the eave portion [810] is located higher than a top surface of the workpiece [850] when the insertion portion [830] is fitted into the opening of the workpiece [850] (See Fig. 7).
Regarding Claim 3, the point of the masking plug [830] is a protruding portion as claimed, protruding up relative to the base of the masking plug [830], and further may have a definitive protruding portion to act as a handle (See page 4, paragraphs [0052]-[0053] and Fig. 9A).
Regarding Claim 4, the masking plug [830] is a pyramid shape with clearly tapered sides (See fig. 7 and page 4, paragraph [0048]).
Regarding Claim 5, Cuyler et al. teaches the plug [10]/[800] of the invention is made of fluoropolymer (See page 2, paragraph [0037]), which is a resin as taught in the instant specification (See instant PgPub 2024/0342740, page 2, paragraph [0025], teaching fluoropolymer as a resin as claimed).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Horiki et al. (US 4,879,158) and Malone et al. (US 8,826,852), each teaching similar elements for a masking fixture as claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT W DODDS whose telephone number is (571)270-7653. The examiner can normally be reached M-F 10am-6pm.
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/SCOTT W DODDS/Primary Examiner, Art Unit 1746