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 .
Claim Rejections - 35 USC § 103
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 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) 1-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US 5,493,480)
With respect to claim 1, Huang teaches a pole apparatus, the pole comprising: a tubular member (shank 11) having a first end and a second end; a handle portion (handle 14) connectable to the tubular member adjacent to the first end; a nozzle (ring member 12) having a tip and a base with an opening, wherein the opening of the base is connectable to the second end of the tubular member; the nozzle comprising a side wall aperture (121) positioned on a side wall of the nozzle and an elongate slot joining the side wall aperture to the nozzle tip. (col. 1, line 65 – col. 2, line 28, Figs. 1-2) It is noted that although applicant has recited a blast hole surveying environment, there is no structural limitation that requires this environment and therefore the claim language has been given a broad interpretation.
With respect to claim 2, Huang teaches the tubular member comprises a first tube having a lower end and an upper end, and a second tube having a lower end and an upper end, wherein the first tube defines a receiving space from the lower end to the upper end; the second tube receivable in the receiving space of the first tube, wherein the lower end of the second tube is securable to the upper end of the first tube.
With respect to claim 3, Huang teaches the nozzle has a nozzle base at one end and a nozzle tip at the other end, wherein the nozzle base is secured to the upper end of the second tube.
With respect to claim 4, Huang teaches the nozzle base tapers to a middle portion between the nozzle base and the nozzle tip.
With respect to claim 5, Huang teaches the side wall aperture is positioned between the nozzle base and the middle portion of the nozzle.
With respect to claim 6, Huang teaches wherein the elongate slot is parallel to a longitudinal axis of the nozzle.
With respect to claim 7, Huang teaches the nozzle is graduated on the side wall of the nozzle.
With respect to claim 8, Huang teaches wherein the tubular member comprises a first tube having a lower end and an upper end, and a second tube having a lower end and an upper end; wherein the second tube is graduated on the side wall of the second tube.
With respect to claims 9-10, although Huang does not explicitly teach the nozzle is of a material selected from the group of: carbon fiber, fiberglass, and a carbon fiber and fiberglass composite, the carbon fiber and fiberglass composite consists of 50% carbon fiber and 50% fiberglass, these are known construction materials and would have been an obvious choice to one having ordinary skill in the art at the time the invention was filed.
With respect to claim 11, Huang teaches the nozzle base has a nozzle base diameter greater than the diameter of the second tube, wherein the nozzle base comprises a spring loaded pin for securing the nozzle base to the upper end of the second tube.
With respect to claim 12, Huang teaches the nozzle tip has a nozzle tip diameter equal or smaller in diameter to the nozzle base diameter.
With respect to claim 13, although Huang does not explicitly teach the nozzle tip diameter is in a range of 60 mm to 120 mm, the optimum dimensions would be determined by other parameters of the system and therefore would have been readily determine through routine experimentation.
With respect to claim 14, Huang teaches the upper end of the first tube comprises a locking pin for securing the upper end of the first tube to the lower end of the second tube.
With respect to claim 15, Huang teaches the handle portion comprises a telescopic handle member having a lower end and an upper end, wherein a handle is securable to the lower end of the telescopic handle member.
With respect to claim 16, Huang teaches an adaptor having a first aperture and an adjacent second aperture, wherein the first aperture is adapted to receive and secure the lower end of the first tube of the tubular member, and wherein the adjacent second aperture is adapted to receive and secure the upper end of the telescopic handle member.
With respect to claim 17, Huang teaches a diameter of the first aperture is greater than the diameter of the adjacent second aperture.
With respect to claim 18, Huang teaches the adaptor comprises a clamp for securing the telescopic handle member at a predetermined length.
With respect to claim 19, Huang teaches the handle comprises a nested spring mounted to a platform at one end of the spring and fastened within the lower end of the telescopic tubular handle member at the other end of the spring.
With respect to claim 20, although Huang does not explicitly teach the nested spring at the other end is fastened with stainless steel bolt and nut to the lower end of the telescopic tubular handle member, this is a known structure which would have been obvious to one having ordinary skill in the art at the time the invention was filed.
With respect to claim 21, although Huang does not explicitly teach the tubular member has a first opening at the first end and a second opening at the second end, wherein the tubular member can receive a surveying apparatus therein from the first opening to the second opening, this is a recitation of a function of the system and it would have been obvious to one having ordinary skill in the art that the structure of Huang could be adapted for this purpose.
With respect to claims 22-24, although Huang does not discuss the claimed structure, the claims are to a function of the apparatus and structures outside the scope of the claimed apparatus and are therefore not considered to further limit the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CN 203182834 and CN 109056619 each teach an invention having similarities to the claimed subject matter.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jill E Culler whose telephone number is (571)272-2159. The examiner can normally be reached M-F 8:30-5:00.
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/JILL E CULLER/ Primary Examiner, Art Unit 2853
