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 .
Election/Restrictions
Applicant's election with traverse of Species B, shown in figures 8-11 in the reply filed on 7/31/2026 is acknowledged. The traversal is on the ground(s) that there is no serious search burden. The examiner respectfully disagrees. This is not found persuasive as features of each embodiment that are unique to it and non-overlapping, and would require different queries in order to encompass the claimed subject matter. For an example, embodiment 1C has a plate shaped lever portion 52, that is situated on a surface of a flat, planar portion of the main body housing 10. Embodiment 1B has levers 13 and finger hooks 33 that are positioned on the bridging portion 46.
The requirement is still deemed proper and is therefore made FINAL.
Claims 5-6, 11, and 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/31/2026. Claims 5-6 are withdrawn as the applicant has elected embodiment 1C, which has a single lever disposed on one side of the handle housing. Claim 5 recites two levers being connected as a single unit (claim 6). Claim 11 recites the air vent portions include a handle (60) which is found in embodiment 1D. Claims 15-20 require a contact portion (65) which is unique to embodiment 1E.
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.
(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) 1-4, 7-10, and 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rompel (US PG Pub No. 20210001441).
In regards to claim 1, Rompel discloses
a dust collecting attachment comprising:
a dust suction portion (drill collar 12, fig. 8-15) having a suction opening (opening adjacent to drill passage 18, see fig. 9 - ann. 1) through which a tip tool is allowed to pass; and
a main body (at least skirt 14 and bridge 16, fig. 8-15) having a dust collection passage (portion of first passage 32, see fig. 12 - ann. 1) communicated with the dust suction portion (drill collar 12, fig. 8-15) and connectable to an external hose (via connection collar 2; [0045-0046]),
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wherein the main body (at least skirt 14 and bridge 16, fig. 8-15) includes:
a suction space (recess 38, fig. 8-15) that is communicated with the dust collection passage (portion of first passage 32, see fig. 12 - ann. 1) and has
a suction port (opening 80, fig. 10, 12, and 14; [0050]) opening to a workpiece;
an air vent hole (apertures 110, fig. 8-13; [0058-0059]) that opens the suction space (recess 38, fig. 8-15) to outside; and
an air vent operation portion (button 112, fig. 8-13; [0058]) that normally closes the air vent hole (apertures 110, fig. 8-13; [0058-0059]) and opens the air vent hole (apertures 110, fig. 8-13; [0058-0059]) by a predetermined operation (depressing the button; [0058]), wherein the air vent operation portion (button 112, fig. 8-13; [0058]) is operated together with an operation of removing the main body (at least skirt 14 and bridge 16, fig. 8-15) from the workpiece to open the air vent hole (apertures 110, fig. 8-13; [0058-0059]).
In regards to claim 2, Rompel discloses
the dust collecting attachment according to claim 1, wherein
an operating direction of the air vent operation portion (button 112, fig. 8-13; [0058]) is the same as a direction in which the main body (at least skirt 14 and bridge 16, fig. 8-15) is removed from the workpiece (the dust collecting attachment of Rompel is capable of being moved relative to the workpiece in the same direction as the button is pressed or pulled).
In regards to claim 3, Rompel discloses
the dust collecting attachment according to claim 1, wherein the air vent operation portion (button 112, fig. 8-13; [0058]) includes a finger hook portion (ends 116, fig. 14).
In regards to claim 4, Rompel discloses
the dust collecting attachment according to claim 3, wherein
a portion of the dust collection passage forms
a handle portion (portion of bridge 16 adjacent to collar 12; see fig. 8 - ann. 1) that bulges on a surface of the main body and extends in a straight line in a predetermined direction,
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and wherein the air vent operation portion (button 112, fig. 8-13; [0058]) is disposed on the handle portion (portion of bridge 16 adjacent to collar 12; see fig. 8 - ann. 1).
In regards to claim 7, Rompel discloses
the dust collecting attachment according to claim 4, wherein the air vent operation portion (button 112, fig. 8-13; [0058]) is disposed at one location (a single button is on a side of the handle).
In regards to claim 8, Rompel discloses
the dust collecting attachment according to claim 7, wherein the air vent operation portion (button 112, fig. 8-13; [0058]) is disposed on any one of both sides of a center line of the handle portion (portion of bridge 16 adjacent to collar 12; see fig. 8 - ann. 1), and
the finger hook portion (ends 116, fig. 14) is disposed on the handle portion (portion of bridge 16 adjacent to collar 12; see fig. 8 - ann. 1) on an opposite side (central body of the button is between the edge and bridge) of the air vent operation portion (button 112, fig. 8-13; [0058]) across the handle portion (portion of bridge 16 adjacent to collar 12; see fig. 8 - ann. 1).
Examiner’s Note: As claim 3 recites the “the air vent operation portion includes a finger hook portion…”, the finger hook portion is understood as being disposed on the handle portion as the air vent operation portion is as well.
In regards to claim 9, Rompel discloses
the dust collecting attachment according to claim 4, wherein the external hose (via connection collar 2; [0045-0046]) is connectable to the handle portion (portion of bridge 16 adjacent to collar 12; see fig. 8 - ann. 1).
In regards to claim 10, Rompel discloses
the dust collecting attachment according to claim 4, wherein the air vent operation portion (button 112, fig. 8-13; [0058]) does not protrude from an outer shape of the handle portion except for the finger hook portion (ends 116, fig. 14) when the air vent hole (apertures 110, fig. 8-13; [0058-0059]) is closed.
In regards to claim 12, Rompel discloses
the dust collecting attachment according to claim 1, wherein the air vent operation portion (button 112, fig. 8-13; [0058]) is normally biased by a biasing member (leaf spring 120, fig. 14; [0069-0071]) to a position that closes the air vent hole (apertures 110, fig. 8-13; [0058-0059]).
In regards to claim 13, Rompel discloses
the dust collecting attachment according to claim 12, wherein the air vent operation portion (button 112, fig. 8-13; [0058]) has an integral pin member (edges 124, fig. 14; [0070]) that passes through the main body (at least skirt 14 and bridge 16, fig. 8-15) and
is guided by the pin member (edges 124, fig. 14; [0070]) for allowing linear movement (moving towards the center and away) between a position for closing the air vent hole (apertures 110, fig. 8-13; [0058-0059]) and a position for opening the air vent hole (apertures 110, fig. 8-13; [0058-0059]), and
the biasing member (leaf spring 120, fig. 14; [0069-0071]) biases the air vent operation portion (button 112, fig. 8-13; [0058]) to the position for closing the air vent hole (apertures 110, fig. 8-13; [0058-0059]) via the pin member (edges 124, fig. 14; [0070]).
In regards to claim 14, Rompel discloses
the dust collecting attachment according to claim 13, wherein a pair of the air vent holes (front and back openings of apertures 110, fig. 8-13; [0058-0059]) are formed around the pin member (edges 124, fig. 14; [0070]), and
the air vent operation portion (button 112, fig. 8-13; [0058]) includes a pair of closure portions ( front and back of ends 116 fig. 14; [0069]) that close the pair of air vent holes (apertures 110, fig. 8-13; [0058-0059]) at the position for closing the air vent holes (apertures 110, fig. 8-13; [0058-0059]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON KHALIL HAWKINS whose telephone number is (571)272-5446. The examiner can normally be reached M-F; 8-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON KHALIL HAWKINS/Examiner, Art Unit 3723
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