DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Elections/Restrictions
2. This office action is a response to Applicant's election filed on 11/13/2025 with traverse of group I, species of fig. 1-2, claims 1-4 & 7 for further examination. Claims 5-6 & 8-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
3. Applicant timely traversed the restriction (election) requirement in the reply filed on 11/13/2025. The traversal is on the grounds that the subject matter of all of claims 1-12 is sufficiently related, and that a thorough search for the subject matter of claims 1-7 would encompass a search for the subject matter of claims 8-12 and the subject matter of all of species is sufficiently related, and that a thorough search for the subject matter of any species would encompass a search for the subject matter of the remaining species. This is not found persuasive because regardless of the search method, inventions with different limitations will require different search strategies, and the times to consider the relevancy of collective references would increase proportionality as well.
Also, even though a few U.S. Patents disclosing both an apparatus & species and a method may be found in CPC subclass B05B, subgroup 7/16 and CPC subclass C23C, subgroup 4/18, it is recognized that a thermal spraying equipment (CPC subclass B05B subject matter) and a thermal spraying control method (CPC subclass C23C subject matter) are characterized as separate and distinct subject for inventive efforts. Thus it is necessary to search for one of the inventions in a manner that is not likely to result in finding art pertinent to the other invention. The findings of separate classification and different field of search would justify a serious burden on the examiner if restriction is not required. See MPEP 808.02.
Further, the restriction requirement was based Inventions I and II are related as an apparatus and method of use. The inventions are distinct if it can be shown that either: (1) the process as claimed can be practiced by another and materially different apparatus or by hand, or (2) the apparatus as claimed can be used to practice another and materially different process. (MPEP § 806.05(e)). In the instant case, the apparatus as claimed can be used to practice another and materially different process such as actually operating the thermal spraying machine and peripheral devices separately (since the control board enables centralized operation, it is not actually required for the apparatus that only centralized operation is possible).
Thus far, applicant has not proved or provided convincing argument that there is no material difference between the two inventions and species on the record. Therefore, the requirement is still deemed proper and is therefore made FINAL.
Priority
4. Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 03/09/2022. It is noted, however, that Applicant has not filed a certified copy of the 2022-036190 application as required by 35 U.S.C. 119(b).
Information Disclosure Statement
5. The information disclosure statements (IDS) submitted on 09/06/2024, 11/29/2024, 01/22/2025 & 09/17/2025 are being considered by the examiner.
References lined-through were not considered as an English abstract or translation has not been provided.
Claim Rejections - 35 USC § 112
6. The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
7. Claims 1-4 & 7 are rejected under 35 U.S.C. 112(b), as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
As regards to claim 1, line 11 recites the limitation “the spraying machine”. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, examiner is interpreting “the spraying machine” as “the thermal spraying machine” recited in line 2 and referenced as “the thermal spraying machine” in lines 4 and 5. To correct this problem, amend line 11 to recite “the thermal spraying machine”.
As regards to claim 1, line 12 recites “normally” which is a relative term and renders the claim indefinite. The term “normally” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purposes, examiner is interpreting “normally” any condition. To correct this problem, amend claim 1 to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
Claims 2-4 & 7are rejected at least based on their dependency from claim 1.
Claim Rejections
8. 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 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.
9. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim Rejections - 35 USC § 102
10. 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.
11. Claims 1-4 & 7 are rejected under AIA 35 U.S.C. 102(a)(1) as being anticipated by Underhill et al. (US 2013/0298828 A1) hereinafter Underhill (the terminology of the claims in the application is used, but the references of Underhill are included between parentheses).
As regards to claim 1, Underhill discloses a thermal spraying equipment (abs; fig 1-4), comprising:
a thermal spraying machine (106) including a thermal spraying torch (117) thermally spraying a material onto a base material (112) ([0013]-[0019]; fig 1-2);
a thermal spraying booth (102) where thermal spraying machine (106) is arranged ([0013]; [0015]; [0017]; fig 1-2);
one or more peripheral devices (115, 122, 124, 146) used with the thermal spraying machine (106) ([0012]-[0014]; [0017]-[0019]; fig 1-2 & 4);
a safety door (126) separating an inside (see fig 1) and an outside (see fig 1) of the thermal spraying booth (102) ([0012]; [0015]; [0017]; fig 1-2); and
a centralized control board (133) arranged outside (see fig 1) of the thermal spraying booth (102), the centralized control board (133) enabling centralized operation of the thermal spraying machine (106) and the one or more peripheral devices (115, 122, 124, 146) ([0012]-[0014]; [0017]-[0019]; fig 1-4; clm 1-2 & 4-8),
wherein the centralized control board (133) controls the spraying machine not to be driven in the case where the safety door (126) is not locked normally ([0013]; [0015]; [0017]-[0018]; fig 1-4; clm 1-2 & 4-8).
As regards to claim 2, Underhill discloses a thermal spraying equipment (abs; fig 1-4), wherein the one or more peripheral devices (115, 122, 124, 146) include at least one selected from a group including a mover (115+122+124) moving the thermal spraying torch (117) and a dust collector (146) collecting dust generated in the thermal spraying booth (102) ([0012]-[0014]; [0017]-[0019]; fig 1-2 & 4).
As regards to claim 3, Underhill discloses a thermal spraying equipment (abs; fig 1-4), wherein the centralized control board (133) includes a controller (134) that collectively controls the thermal spraying machine (106) and the one or more peripheral devices (115, 122, 124, 146) ([0013]; [0015]; [0017]-[0018]; fig 1-4; clm 1-2 & 4-8).
As regards to claim 4, Underhill discloses a thermal spraying equipment (abs; fig 1-4), wherein the centralized control board (133) includes a controller (134) that collectively controls the thermal spraying machine (106) and the one or more peripheral devices (115, 122, 124, 146) ([0013]; [0015]; [0017]-[0018]; fig 1-4; clm 1-2 & 4-8).
As regards to claim 7, Underhill discloses a thermal spraying equipment (abs; fig 1-4), wherein the controller (134) controls locking of the safety door (126) ([0013]; [0015]; [0017]-[0018]; fig 1-4; clm 1-2 & 4-8).
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: all references cited on the attached PTO-892 Notice of References Cited excluding the above relied upon references.
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jethro M Pence whose telephone number is (571)270-7423. The examiner can normally be reached M-TH 8:00 A.M. - 6:30 P.M..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dah-Wei D. Yuan can be reached on 571-272-1295. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jethro M. Pence/
Primary Examiner
Art Unit 1717