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 .
Status of Claims
This action is in reply to the application filed on 07/03/2024. Claims 1-20 are currently pending and have been examined.
Claim Objections
Claims 8, 10, and 19 are objected to because of the following informalities:
A) claim 8 should read as “wherein the base plate is rectangular and the raised lip is ovate”.
B) claim 10 should read as “wherein the raised lip extends vertically from the upper surface of the base plate by 0.1 inches to 0.4 inches”.
C) claim 19 should read as “wherein the vacuum attachment member is configured to be rotatably maneuvered by a hand of [[the]]a user while using the ovate raised lip as the handle”
Appropriate correction is required.
Claim Interpretation
Note: Whenever the claims indicated inclusive (and) or alternative (or) limitations, only the alternative limitations were examined unless stated different in the rejection. Similarly, whenever the claims indicated optional limitations (e.g. “optionally"), the claim limitations were considered to be a preference and not a requirement unless stated different in the claim rejection.
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.
Claims 1-8, 11-14 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Annis (US PGPUB No. 2016/0279759), hereinafter referred to as Annis.
Regarding claim 1, Annis discloses a non-motorized vacuum sanding tool [Annis, fig 2, 230], comprising:
a base plate [Annis, fig 2, 232] having a central hub [Annis, fig 2, see annotated fig 2, item A]; and
a vacuum attachment member [Annis, fig 2, 200 where per page 3, pp 0027, 200 is substantially the same as the embodiment of fig 1, 100, thus all of fig 1 applies to fig 2 as well] having a first end configured for attachment to a vacuum source [Annis, fig 2, 218] and a second end configured to rotate around the central hub [Annis, figs 1 and 2, 116/216 and page 3, pp 0027, where 116 is the same as 216];
wherein an upper surface of the base plate includes a raised lip extending around the central hub [Annis, see annotated fig 2, item B] and serving as a handle for the sanding tool [The recitation “serving as a handle for the sanding tool" is considered to be an intended use limitation. The applicant is reminded that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claim, as is the case here; refer to MPEP 2114-II. In the instant case, Annis, annotated fig 2, item B is capable of being used as a handle for the device 230].
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Regarding claim 2, Annis further discloses the non-motorized vacuum sanding tool of claim 1, wherein the base plate includes a number of apertures therethrough located around a periphery of the central hub [Annis, page 2, pp 0020-0022, and fig 2, integral air channels around item A].
Regarding claim 3, Annis further discloses the non-motorized vacuum sanding tool of claim 2, wherein the second end of the vacuum attachment member includes an annular cavity with a lower portion configured to provide fluid communication between the number of apertures and the first end of the vacuum attachment member [Annis, page 2, pp 0022].
Regarding claim 4, Annis further discloses the non-motorized vacuum sanding tool of claim 3, wherein an exterior surface of the second end of the vacuum attachment member is textured [Annis, page 2, pp 0026, 126 and 127 are textured] to facilitate hand manipulated rotation of the vacuum attachment member around the central hub during operation [The recitation “to facilitate hand manipulated rotation of the vacuum attachment member around the central hub during operation" is considered to be an intended use limitation. The applicant is reminded that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claim, as is the case here; refer to MPEP 2114-II. In the instant case, Annis, page 2, pp 0026, 126 and 127 are capable of facilitating hand manipulation].
Regarding claim 5, Annis further discloses the non-motorized vacuum sanding tool of claim 1, wherein the second end of the vacuum attachment member has an annular portion [Annis, fig 1, 116 and page 2, pp 0026], and wherein a lower portion of the annular portion is located below an upper edge of the raised lip [Annis, fig 1, showing that the bottom of 116 must mate with the openings within 104, which are recessed below the lip of 104 and figs 3-5 showing the mating of 104 to 116].
Regarding claim 6, Annis further discloses the non-motorized vacuum sanding tool of claim 1, wherein the vacuum attachment member extends laterally from the central hub and is configured for 360 degree rotation [Annis, page 2, pp 0021].
Regarding claim 7, Annis further discloses the non-motorized vacuum sanding tool of claim 1, including a cap coupled to the central hub and configured to prevent movement of the vacuum attachment member in a vertical direction [Anni, fig 1, 120], wherein the cap configured to remain stationary during rotational movement of the vacuum attachment member around the central hub [Annis, fig 1, 124 is a post that allows for rotation of 114 and for 120 to thus remain stationary during rotating movement of 114, because 112 and 124 create a bearing surface for 114 to rotate about].
Regarding claim 8, Annis further discloses the non-motorized vacuum sanding tool of claim 1, wherein the base is rectangular and the raised lip is ovate [Annis, fig 2, 232 is rectangular and item B is ovate].
Regarding claim 11, Annis further discloses the non-motorized vacuum sanding tool of claim 1, further comprising a working material configured for releasable attachment to: the lower surface of the base plate; or a lower surface of one or more intermediate pads located between the lower surface of the base plate and the working material [Annis, fig 2, 246 is attached to 232].
Regarding claim 12, Annis discloses a non-motorized vacuum sanding tool [Annis, fig 2, 230], comprising:
a base plate [Annis, fig 2, item 232] having a central hub [Annis, fig 2, see annotated fig A];
a vacuum attachment member [Annis, fig 2, 200, where per page 3, pp 0027, 200 is substantially the same as the embodiment of fig 1, 100, thus all of fig 1 applies to fig 2 as well] extending laterally from the central hub [Annis, fig 2, 200 extends outwards from item A] and having a first end configured for attachment to a vacuum source [Annis, fig 2, 218] and an annular second end configured to rotate around the central hub [Annis, figs 1 and 2, 116/216 is able to rotate about item A]; and
an ovate raised lip formed an upper surface of the base plate [Annis, fig 2, item B] and serving as a handle for the sanding tool [The recitation “serving as a handle for the sanding tool" is considered to be an intended use limitation. The applicant is reminded that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claim, as is the case here; refer to MPEP 2114-II. In the instant case, Annis, annotated fig 2, item B is capable of being used as a handle for the device 230];
wherein the annular second end of the vacuum attachment member [Annis, figs 1-2, 116/216] provides fluid communication between a lower surface of the base plate and the first end of the vacuum attachment member via a plurality of apertures formed through the base plate around an exterior of the central hub [Annis, page 2, pp 0022]; and
wherein the annular second end of the vacuum attachment member has a lower surface located below an upper edge of the ovate raised lip [Annis, fig 1, showing that the bottom of 116 must mate with the openings within 104, which are recessed below the lip of 104 and figs 3-5 showing the mating of 104 to 116].
Regarding claim 13, Annis further discloses the non-motorized vacuum sanding tool of claim 12, further comprising a cap coupled to the central hub and securing the vacuum attachment member in place [Annis, figs 1-2, 120/220 is coupled to item A through at least intermediate member 106/206].
Regarding claim 14, Annis further discloses the non-motorized vacuum sanding tool of claim 12, wherein the vacuum attachment member does not extend above an upper surface of the cap [Annis, fig 2, 214 does not extend above 220].
Regarding claim 17, Annis further discloses the non-motorized vacuum sanding tool of claim 12, wherein the ovate raised lip includes an interior edge [The recitation “configured to receive radial pressure outward via one or more fingers of a user during operation of the sanding tool" is considered to be an intended use limitation. The applicant is reminded that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claim, as is the case here; refer to MPEP 2114-II. In the instant case, Annis, see annotated fig 2, item B has an interior surface and is capable of receiving pressure from a user].
Regarding claim 18, Annis further discloses the non-motorized vacuum sanding tool of claim 17, wherein the ovate raised lip includes an exterior edge [The recitation “configured to receive radial pressure inward via the one or more fingers of the user during operation of the sanding tool" is considered to be an intended use limitation. The applicant is reminded that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claim, as is the case here; refer to MPEP 2114-II. In the instant case, Annis, see annotated fig 2, item B has an exterior surface and is capable of receiving pressure from a user].
Regarding claim 19, Annis further discloses the non-motorized vacuum sanding tool of claim 12, wherein the vacuum attachment member is configured to be rotatably maneuvered [The recitation “by a hand of the user while using the ovate raised lip as the handle" is considered to be an intended use limitation. The applicant is reminded that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the structural limitations of the claim, as is the case here; refer to MPEP 2114-II. In the instant case, Annis, fig 2, 200 is capable of being maneuvered by a user and item B is capable of being used as a handle].
Regarding claim 20, Annis further discloses the non-motorized vacuum sanding tool of claim 12, wherein the sanding tool is configured for dust free operation when the vacuum attachment member is coupled to a vacuum source [Annis, page 2, pp 0016].
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.
Claims 9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Annis (US PGPUB No. 2016/0279759) as applied to claims 1 and 12, respectively, and in further view of Panfili (US Patent No. 7,384,328), hereinafter referred to as Annis and Panfili, respectively.
Regarding claims 9 and 16, Annis further discloses the non-motorized vacuum sanding tool of claims 1 and 12, respectively, but does not explicitly disclose including a rubber ring formed on the raised lip.
Panfili teaches a non-motorized vacuum sanding tool [Panfili, fig 1, 1], comprising:
a base plate [Panfili, fig 1, 3] having a central hub [Panfili, fig 1, 15]; and
a vacuum attachment member [Panfili, fig 1, 5] having a first end configured for attachment to a vacuum source [Panfili, fig 1, and col 5, lines 12-20, 19] and a second end configured to rotate around the central hub [Panfili, figs 9-11, 35 and 39 allow for 5 to rotate about 15];
wherein an upper surface of the base plate includes a raised lip extending around the central hub [Panfili, fig 9, 31], including a rubber ring formed on the raised lip [Panfili, fig 1, 41 of 9 surrounds 31 and col 10, lines 22-26].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Annis to include the rubber ring sealing member of Panfili because this rubber ring allows for sealing which is useful to the ring structure of Annis because this allows for the evacuation condition of particles [Panfili, col 10, lines 10-26, summarized].
Claims 10 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Annis (US PGPUB No. 2016/0279759) as applied to claims 1 and 14, alone, hereinafter referred to as Annis.
Regarding claim 10, Annis further discloses the non-motorized vacuum sanding tool of claim 1, wherein the raised lip extends vertically from the upper surface of the base [Annis, fig 2, item B extends vertically]. However, Annis does not explicitly disclose the raised lip extends vertically from the upper surface of the base by 0.1 inches to 0.4 inches.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Annis to have the raised lip extend vertically from the upper base by 0.1 to 0.4 inches since it has been held that “where the only differences between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed deice was not patentably distinct from the prior art device [MPEP 2144.04(IV)(A)]”. In the instant case, the device of Annis would not operate differently with the claimed raised lip and since the raised lip is intended to keep the adapter base within the central hub, the device would function appropriately having the claimed lip height. Further, it appears that applicant places no criticality on the range claimed, indicating simply that “embodiments are not so limited” (applicant’s specification pp [0018]).
Regarding claim 15, Annis further discloses the non-motorized vacuum sanding tool of claim 14, wherein there is a distance from the lower surface of the base plate to an upper surface of the cap [Annis, figs 3A-3B, showing that the device 230/330 has a height from 246 to 227]. However, Annis does not explicitly disclose the distance from the lower surface of the base plate to the upper surface of the cap is 3 inches or less.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Annis to have height of the tool to be 3 inches or less as required by the claim since it has been held that “where the only differences between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed deice was not patentably distinct from the prior art device [MPEP 2144.04(IV)(A)]”. In the instant case, the device of Annis would not operate differently with the claimed height since the tool is intended be used by a user, the device would function appropriately having the claimed height. Further, it appears that applicant places no criticality on the range claimed, indicating simply that “can have” and “3 -4 inches” (applicant’s specification pp [0013]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Brown (US Patent No. 58,624,305) teaches a non-motorized sanding tool comprising an ovate raised lip. Mehrer (US Patent No. 4,062,152) teaches a non-motorized sanding tool comprising an ovate raised lip.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT NEIBAUR whose telephone number is (571)270-7979. The examiner can normally be reached M - F 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at 313-446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT F NEIBAUR/Primary Examiner, Art Unit 3723
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