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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Orlando can be reached at 5712705038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SCOTT W DODDS/Primary Examiner, Art Unit 1746
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