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 without traverse of Species I (drawn to, “A first species of the drill and tap guide as shown in Figures 1-8 and which features at least one step shape profile as shown in Figures 7-8) in the reply filed on 7/9/2026 is acknowledged.
Claims 14-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/9/2026.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first and second ends are curved in a convex manner when viewed from said top surface” of claim 4 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities: On line 6 of the claim, “at least one of said guide holes” should be amended to “at least one of said plurality of guide holes”. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: On line 10 of the claim, “positing” should be changed to “positioning”. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: On line 12 of the claim, “disposed” should be inserted before “between said edges”. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: On lines 2-3 of the claim, “said at least one guide hole” should be amended to “said at least one of said plurality of guide holes”. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: On line 3 of the claim, “respective” should be inserted before “cylindrical side wall”. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: On line 6 of the claim, “said guide holes” should be amended to “said plurality of guide holes”. Appropriate correction is required.
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 5, 6, 9, and 12 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.
Lines 1-3 of claim 5 state, “wherein said first and second sides include a position slit in line with said longitudinal axis of said elongated body.” This limitation is viewed to be vague and indefinite, because as claimed, because is unclear if the first side and the second side collectively include “a position slit,” or if instead the first side and the second side are being claimed as each respectively including “a position slit.”
Lines 1-3 of claim 6 state, “wherein said first and second sides include at least one position slit in line with said central axis of said at least one guide hole.” This limitation is viewed to be vague and indefinite, because as claimed, because is unclear if the first side and the second side collectively include “at least one position slit,” or if instead the first side and the second side are being claimed as each respectively including “at least one position slit.”
Lines 4-6 of claim 9 state, “wherein said cavity includes a plurality of first projections between said first side and each said cylindrical side wall, and wherein said cavity includes second projections between said second side and each said cylindrical side wall, wherein each said projection includes a shape matching one of said two edges of said positioning notch and wherein each said projections is aligned with said central axis if said guide holes.” First, this limitation is viewed to be vague and indefinite, because as claimed, it is unclear if there is one respective first projection disposed between each respective side wall and the first side, or if instead there are a plurality of first projections disposed between each respective side wall and the first side. Also, this limitation is viewed to be vague and indefinite, because as claimed, it is unclear if there is one respective second projection disposed between each respective side wall and the second side, or if instead there are a plural second projections disposed between each respective side wall and the second side. This limitation is viewed to be vague and indefinite, because it is unclear if “each said projection” is referring to in totality each of the “plurality of first projections” and each of the “plurality of second projections” or is instead referring to one of said “plurality of first projections” and “plurality of second projections”. In order to overcome this particular rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, Examiner suggests the following amendment: “wherein said cavity includes a plurality of first projections with a corresponding one of the plurality of first projections being disposed between said first side and each said cylindrical side wall, and wherein said cavity includes a plurality of second projections with a corresponding one of the plurality of second projections being disposed between said second side and each said cylindrical side wall, wherein each of said plurality of first projections and each of said plurality of second projections includes a respective shape matching one of said two edges of said positioning notch and wherein each of said plurality of first projections and each of said plurality of second projections is aligned with said central axis of one of said plurality of guide holes.”
Line 3 of claim 12 states, “said edge.” This limitation is viewed to be vague and indefinite, because it is unclear as to which edge of the “two edges” of line 10 of claim 1 that “said edge” of line 3 of claim 12 is intended to reference.
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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Buck (U.S. Design Patent No. D997,677 S).
Please be advised that Buck was cited by Applicant on the IDS filed on 1/27/2025.
Claim 1: As can be seen below within annotated Figure 1 of Buck, Buck discloses a drill and tap guide comprising an elongated body having a top surface, a bottom surface, a first side, a second side, a first end, and a second end, said elongated body defining a longitudinal axis which intersects said first and second ends.
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As can be seen above, the drill and tap guide further comprises a plurality of guide holes that extend perpendicularly through said elongated body between said top surface and said bottom surface, wherein at least one of said plurality of guide holes includes a central axis which intersects said longitudinal axis of said elongated body.
Next, as be seen above in annotated Figure 1 of Buck and below in annotated Figure 4 of Buck, said drill and tap guide further comprises a positioning notch formed in the bottom surface of said elongated body. As can best be seen below in annotated Figure 4, the positioning notch includes two edges on opposite sides of said positioning notch, the two edges forming an angle α with said bottom surface, and further includes a recess between said two edges. Please be advised that the recess is a portion of said positioning notch which is a farthest distance away from said bottom surface.
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Claim 2: As can be seen above in annotated Figure 4, said recess is rectangular in shape, and said recess includes a top face which is parallel to said bottom surface.
Claim 3: As can be seen below in annotated Figure 6, said first and second sides are curved in a concave manner when viewed from the top surface.
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Claim 4: As can be seen above in annotated Figure 6, said first and second sides are curved in a convex manner when viewed from the top surface.
Claim 5: As can be seen above in annotated Figure 6, said first and second ends include a position slit in line with said longitudinal axis of said elongated body.
Claim 6: As can be seen above in annotated Figure 6, said first and second sides include at least one position slit in line with said central axis of said at least one of the plurality of guide holes.
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 7, 8, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Buck (U.S. Design Patent No. D997,677 S) in view of Germany Pub. No. DE 202007015134 U1 (hereinafter DE '134).
Please be advised that a machine translation of DE '134 is relied upon below.
Claims 7 & 8: Figure 7 of Buck shows a bottom view of the drill and tap guide, and shows said elongated body thereof as including a cavity that is disposed below said top surface and between said first and second sides. Buck though, does not provide disclosure on, “wherein each of said plurality of guide holes include a cylindrical side wall which extends beyond said top surface into said cavity” (claim 7), and does not provide disclosure on, “wherein each said cylindrical side wall extends into said cavity a distance less that a distance between said top surface and said bottom surface” (claim 8).
Figures 1 and 2 of DE '134 though, show a drill and tap jig comprising an elongated body that includes a top surface (2) and first (18) and second sides (18), a plurality of guide holes (4), and a cavity disposed below the top surface (2) and between the first (18) and second sides (18). Be advised Examiner has annotated Figure 2 of DE '134 and provided it below (next page). As can be seen therein, each of the plurality of guide holes (4) includes a cylindrical side wall which extends beyond said top surface into said cavity. As can also be seen in the annotated figure, each said cylindrical side wall extends in said cavity a distance less than a distance between said top surface (2) and a bottom surface (3) of said elongated body. Please be advised that each of said cylindrical side walls receives therein a respective metal bushing (8).
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified each of the plurality of guide holes of Buck to include a cylindrical side wall of DE '134, wherein each cylindrical side wall extends into said cavity of Buck a distance less than a distance between said top and bottom surfaces of Buck as per the disclosure of DE '134, so as to provide the drill and tap guide of Buck with the advantage of being able to support a respective metal bushing at each guide hole thereof such that a given drill tool or a given tap tool is able to consistently be properly guided and supported at each guide hole.
Claim 9: Buck does not provide disclosure upon, “wherein said cavity includes a plurality of first projections between said first side and each said cylindrical side wall, and wherein said cavity includes second projections between said second side and each said cylindrical side wall, wherein each said projection includes a shape matching one of said two edges of said positioning notch and wherein each said projection is aligned with said central axis of said guide holes.”
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As can be seen above in annotated Figure 6 of DE '134, with respect to oblique directions denoted by dashed lines, for example, said cavity includes a plurality of first projections (17') disposed “between” said first side (18) and each said cylindrical side wall, and wherein said cavity includes second projections (16) between said second side (18) and each cylindrical side wall.
Next, noting the two straight edges of the positioning notch of DE '134, it can be seen below in annotated Figure 2 of DE '134 that each projection (16, 17') includes a shape (e.g. straight edge shape) matching one said two edges of said positioning notch and wherein each said projection (16, 17') is aligned with a central axis of said plurality of guide holes (4). As broadly claimed, please be advised that each projection (16, 17') is “aligned with said central axis of said guide holes,” because a line can be drawn, for example, between each guide hole (4) and one of the first plurality of projections (17') and one of the second plurality of projections (16).
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Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have provided the cavity of Buck with the plurality of first projections (17') and with the plurality of second projections (16) of DE '134, so as to provide the drill and tap guide of Buck with the advantage of projections (16, 17') having a same shape as the straight edge shape of the two edges of Buck such that the drill and tap guide of Buck is able to be better balanced on a workpiece that is to be drilled or tapped. This is because a workpiece having a consistent shape will interface with the two straight-shaped edges of the positioning notch of Buck (see Figures 4 and 5 of Buck which show this profile for each edge)
and will further interface with the corresponding straight-shaped edge of each of the plurality of projections (16, 17') of the modified drill and tap guide of Buck.
In making this modification, in accordance with the disclosure of DE 134, each of the plurality of first projections (17') in the modified drill and tap guide of Buck is disposed between said first side and each said cylindrical side wall of Buck. Likewise, each of the plurality of second projections (16) in the modified drill and tap guide of Buck is disposed between said second side and each said cylindrical side wall of Buck. Moreover, please be advised that each projection (16, 17') is “aligned with said central axis of said guide holes” of Buck, because a line is able to be drawn, for example, between each guide hole and one of the first plurality of projections (17') and one of the second plurality of projections (16).
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Buck (U.S. Design Patent No. D997,677 S) in view of Wang (WIPO Pub. No. WO 89/11370 A1).
Claim 10: As can be seen below, Buck does not provide disclosure on the positioning notch further including “at least one step-shaped profile along each said edge.”
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Figures 1 and 8 of Wang though, each show a positioning notch (20) that includes a recess and two edges, wherein the recess is disposed between the two edges. Figures 1 and 8 of Wang show that along each of said two edges of the positioning notch (20) is a respective step-shaped profile. Due to the opposing step-shaped profiles of the two edges, rectangular workpieces of varying widths are able to be centered. This is because, for example, depending upon the width of a given rectangular workpiece, each opposing side of the workpiece will interface with one of the steps of the step-shaped profiles of the two edges like what is shown in Figure 8 of Wang.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified each edge of the positioning notch of Buck to have a step-shaped profile in accordance with the disclosure of Buck, so as to provide the drill and tap guide of Buck with the advantage of being able to center rectangular workpieces of varying widths in the positioning notch thereof. In making this modification, each of the two edges of Buck (wherein the two edges of Buck flank the corresponding recess) is modified to have the step-shaped profile like the two edges of the positioning notch (20) of Wang.
Claim 11: First, it is reiterated that in claim 10 it was advised that each edge of the positioning notch of Buck is modified to have a step-shaped profile in accordance with the disclosure of Buck
Noting the above, as can be seen below in annotated Figure 8 of Wang, said at least one step-shaped profile includes a vertical wall and a horizontal wall which firm a right triangle. (It is noted that the top of Figure 8 of Wang was truncated, so as to focus on the step-shaped profile).
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Claim 12: As can be seen above in annotated Figure 8 of Wang, each step-shaped profile is laterally displaced inward from the bottom surface and is also vertically displaced from the recess along said corresponding edge.
Based on the foregoing, as it pertains the modified drill and tap guide of Buck, for the modified positioning notch thereof, each step-shaped profile is laterally displaced from said bottom surface of the modified drill and tap guide of Buck and is also vertically displaced from the recess of Buck along said corresponding edge.
Claim 13: As can be seen above in annotated Figure 8 of Wang (please see previous page), each step-shaped profile is recessed within each said edge.
Based on the foregoing, as it pertains the modified drill and tap guide of Buck, for the modified positioning notch thereof, each step-shaped profile is likewise recessed within each said edge.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Rooney (U.S. PG Pub. No. 2016/0303661 A1) shows therein a drill and tap guide (10) having an elongated body having a top surface (14), a bottom surface (16), a first side (18), a second side (20), a first end (22), and a second end (24). Figure 5 shows a positioning notch (28) that includes two edges (30, 32) and a recess (36) between said two edges (30, 32).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Vitale whose telephone number is (571)270-5098. The examiner can normally be reached Monday - Friday 8:30 AM- 6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil K Singh can be reached at (571) 272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL VITALE/Examiner, Art Unit 3722
/SUNIL K SINGH/Supervisory Patent Examiner, Art Unit 3722
