6DETAILED 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 1-16 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.
With regard to claim(s) 1, this is unclear by virtue of structure, wherein it is essentially of the form: “A & B comprising”. It is unclear which structural member(s) of the body are part of the collector and module. Further, the relationship between the “sound attenuation module” and the “sound attenuation assembly” is unclear.
With regard to claim(s) 2, this appears to be entirely a double inclusion error of language previously recited.
With regard to claim(s) 4, “vacuum flow” lack(s) antecedent basis.
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) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bahr Geb (DE 26 25 701).
Bahr Geb (DE 26 25 701) disclose(s):
Material collector and sound attenuation module, figure(s) 1;
Waste material, mercury;
Waste material source, the floor;
Collector forming a pressure vessel 2;
Vacuum source 16;
Sound attenuation assembly comprising a housing forming a chamber 21 & 22;
Chassis 1.
With regard to “high volume” & “high pressure”, this reference(s) has been applied to that language across a plurality of applications in this family of cases, and is accordingly Res Judicata.
Conclusion
Claims 6-16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smith (7,203,994) disclose(s) a chassis based pneumatic conveyor comprising a collector & venturi.
Smith (2,193,784) disclose(s) a chassis based pneumatic conveyor comprising a collector in inlet(s) ports.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A DILLON JR whose telephone number is (571)272-6913. The examiner can normally be reached on Monday-Thursday; 8AM-6:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike McCullough can be reached on (571)272-7805. The fax phone numbers for the organization where this application or proceeding is assigned are (703)305-7687 for regular communications and (703)308-0552 for After Final communications.
Any inquiry of a general nature or relating to the status of this application or proceeding should be directed to the receptionist whose telephone number is (703)308-1134.
/JOSEPH A DILLON JR/Primary Examiner, Art Unit 3653
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