DETAILED ACTION
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the vibrato" in line 6. There is insufficient antecedent basis for this limitation in the claim. This will be considered to be referencing itself.
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.
Claim(s) 1, 4-8 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Skidmore (U.S. Pat. No. 3,815,425).
Regarding claim 1 and 4, Skidmore discloses a fixing device comprising:
a base (48);
a first shaft member (46) provided on the base and extending in a first direction (vertical); and
a second shaft (44a) member that is attached to the first shaft member, extends in a second direction orthogonal to the first direction (shown in fig. 1), and is movable (disclosed in col. 2, lines 50-60) in the first direction and the second direction with respect to the first shaft member, and to which the vibrator is attached (22 is a motor driving spool 24 which is construed as a vibrator).
Regarding claim 5 which depends from claim 4, Skidmore discloses wherein the vibrator includes a vibrator body configured to vibrate an object (motor 22 has a housing), a first covering surface that is a planar member covering a surface of the vibrator body on a side opposite to a vibration direction, and a second covering surface that is a planar member covering a surface of the vibrator body that is parallel to the vibration direction (the housing covers all around the motor).
Regarding claim 6 which depends from claim 5, Skidmore discloses further comprising: an attachment member attached to the first covering surface through a hole penetrating the first covering surface or attached to the second covering surface through a hole penetrating the second covering surface, wherein the vibrator is attached to the second shaft member by suspending the attachment member on the second shaft member (as shown in fig. 1 there are attachments on the underside and the upper side of the motor).
Regarding claim 7 which depends from claim 5, Skidmore discloses further comprising: an attachment member configured to rigidly connect the vibrator to the second shaft member (the motor is rigidly attached to the support 44a).
Regarding claim 8 which depends from claim 5, Skidmore discloses wherein the vibrator further includes a rotation shaft member configured such that the vibrator body is rotatable about an axis extending in a normal direction of the two second covering surfaces parallel to each other (the motor spins and has an axis of rotation which is normal to the two non curved sides of the housing).
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.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Skidmore (U.S. Pat. No. 3,815,425) as applied to claim 1 above, and in view of Hunter (U.S. Pat. No. 3,575,047).
Regarding claim 2 which depends from claim 1, Skidmore does not disclose further comprising: a caster attached to the base on a side opposite to the first shaft member.
Hunter, which deals in tire measuring devices, teaches further comprising: a caster (90) attached to the base on a side opposite to the first shaft member (the shaft being 22).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have modified Skidmore with the casters of Hunter because this allows for moving the device to where the tire is for measuring.
Regarding claim 3 which depends from claim 2, Hunter discloses wherein the caster has a stopper (col. 4, lines 35-40 detail a system to stop the casters so that the device remains still).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GONZALO LAGUARDA whose telephone number is (571)272-5920. The examiner can normally be reached 8-5 M-Th Alt. F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Logan Kraft can be reached at (571) 270-5065. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GONZALO LAGUARDA
Primary Examiner
Art Unit 3747 email: gonzalo.laguarda@uspto.gov
/GONZALO LAGUARDA/Primary Examiner, Art Unit 3747
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