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 .
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 “guide” of claims 24-25, 32, 34, 35 and 40 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 Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 24-25, 32, 34, 35 and 40 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding the cited claims, the claim limitation “guide” is not described within the specification with sufficient disclosure so as to meet the written description requirement. Nowhere within the specification is the guide actually defined. Furthermore, the Examiner notes that none of the cited parts contain the term guide. It almost seems as if the claimed “guide” was an afterthought included in the specification, but is not an integral part of the device.
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 24-25, 32, 34, 35 and 40 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.
Regarding the cited claims, the claim limitation “guide” both lacks written description and is not cited in the drawings. As such, the term is indefinite as the Examiner cannot determine the metes and bounds of the claims. In the interest of compact prosecution, the Examiner will interpret this limitation as any portion of the device along which the rail slides along.
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.
Claims 21-40 are rejected under 35 U.S.C. 102(a)(1) is being anticipated by Brewster, US 20130213683.
Regarding claim 21, Brewster discloses: A dust collector (Fig. 5, dust collector 110) for use with a hand-held power tool, comprising:
a housing (Fig. 5, housing 118);
a telescoping suction pipe (Fig. 5, telescoping suction pipe 122) coupled to the housing;
a dust box (Fig. 6, dust container 134) positioned within the housing;
a rail (Fig. 18, rail 278) extending parallel to the telescoping suction pipe, the rail coupled to the housing;
a plunge depth stop (Fig. 15, plunge depth stop 274) movable along and with the rail to limit retraction of the telescoping suction pipe into the housing; and
an extension stop (Fig. 15, extension stop 314) movable along and with the rail to limit extension of the telescoping suction pipe from the housing.
Regarding claim 22, Brewster further discloses: the telescoping suction pipe includes an outer pipe (Fig. 17 shows the portion of the housing, 118, that supports and connects to the suction pipe 122) supported by the housing and an inner pipe (Fig. 17 suction pipe 122) slidably received in the outer pipe.
Regarding claim 23 Brewster further discloses: the rail (Fig. 18, rail 278) includes a ruler (Fig. 18, ruler 310) movable with the plunge depth stop (Fig. 15, plunge depth stop 274) for setting a drill depth.
Regarding claim 24, Brewster further discloses: a guide coupled to the housing for the rail to slide along (see Examiner Illustration 1).
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Examiner Illustration 1
Regarding claim 25, Brewster further discloses: at least one of the plunge depth stop and the extension stop contact the guide to limit retraction or extension of the telescoping suction pipe from the housing (see Fig. 16).
Regarding claim 26, Brewster further discloses: at least one of the plunge depth stop (Fig. 15, plunge depth stop 274) and the extension stop (Fig. 15, extension stop 314) includes a stop assembly selectively locking the plunge depth stop or extension stop on the rail at a desired position (see Figs. 17-19).
Regarding claim 27, Brewster further discloses: the stop assembly includes a stop housing (Figs. 17 and 19, extension stop 314 and plunge depth stop 274 outer portion), a button (Fig. 17, actuator 318, Fig. 19, actuator 294) received in the stop housing, and a spring (Fig. 17, spring 334, Fig. 19, spring 302) positioned between the stop housing and the button.
Regarding claim 28, Brewster further discloses: the stop housing includes a slot to receive the rail (see Figs. 17 and 19).
Regarding claim 29, Brewster further discloses: the button includes a projection to engage with a hole on the rail in a first position (Figs. 17 unlabeled pin matching the same location and design of Fig. 19, pin 290), and wherein the button biases against the spring to remove the projection from the hole and is moveable along the rail to engage with a different hole on the rail in a second position.
Regarding claim 30, Brewster further discloses: a motor (Fig. 14, motor 126) positioned in the housing and coupled to the dust box; a suction fan (Fig. 14, fan 130) coupled to the motor.
Regarding claim 31, Brewster further discloses: the dust box is coupled to the housing and positioned upstream of the suction fan (see Fig. 14).
Regarding claim 32, Brewster discloses: A dust collector (Fig. 5, dust collector 110) for use with a hand-held power tool, comprising:
a housing (Fig. 5, housing 118);
a guide (see Examiner Illustration 1) coupled to the housing;
a telescoping suction pipe (Fig. 5, telescoping suction pipe 122) coupled to the housing;
a dust box (Fig. 6, dust container 134) positioned within the housing;
a rail (Fig. 18, rail 278) extending parallel to the telescoping suction pipe, the rail coupled to move with the telescoping suction pipe, the rail sliding along the guide;
a plunge depth (Fig. 15, plunge depth stop 274) stop movable along and with the rail to limit retraction of the telescoping suction pipe into the housing, the plunge depth stop positioned on a first side of the guide;
and an extension stop (Fig. 15, extension stop 314) movable along and with the rail to limit extension of the telescoping suction pipe from the housing, the plunge depth stop positioned on a second side of the guide.
Regarding claim 33, Brewster further discloses: the telescoping suction pipe includes an outer pipe (Fig. 17 shows the portion of the housing, 118, that supports and connects to the suction pipe 122) supported by the housing and an inner pipe (Fig. 17 suction pipe 122) slidably received in the outer pipe.
Regarding claim 34, Brewster further discloses: a first end of the rail (Fig. 18, rail 278) is coupled to the inner pipe and a second end of the rail is moveable relative to the guide (see Figs. 15-16).
Regarding claim 35, Brewster further discloses: at least one of the plunge depth stop and the extension stop (Fig. 15, extension stop 314) contact the guide to limit retraction and extension of the telescoping suction pipe from the housing (see Figs. 15-19).
Regarding claim 36, Brewster further discloses: at least one of the plunge depth stop (Fig. 15, plunge depth stop 274) and the extension stop (Fig. 15, extension stop 314) includes a stop assembly to selectively locking the plunge depth stop or the extension stop on the rail at a desired position (see Figs. 17-19).
Regarding claim 37, Brewster further discloses: the stop assembly includes a stop housing (Figs. 17 and 19, extension stop 314 and plunge depth stop 274 outer portion), a button (Fig. 17, actuator 318, Fig. 19, actuator 294) received in the stop housing, and a spring (Fig. 17, spring 334, Fig. 19, spring 302) positioned between the stop housing and the button.
Regarding claim 38, Brewster further discloses: the button includes a projection to engage with the rail (Figs. 17 unlabeled pin matching the same location and design of Fig. 19, pin 290).
Regarding claim 39, Brewster further discloses: the housing includes a slot to receive the rail (see Figs. 17 and 19).
Regarding claim 40, Brewster discloses: A dust collector (Fig. 5, dust collector 110) for use with a hand-held power tool, comprising:
a housing (Fig. 5, housing 118);
a guide (see Examiner Illustration 1) coupled to the housing;
a telescoping suction pipe (Fig. 5, telescoping suction pipe 122) coupled to the housing, the telescoping suction pipe including a first pipe (Fig. 17 shows the portion of the housing, 118, that supports and connects to the suction pipe 122) supported by the housing and a second pipe (Fig. 17 suction pipe 122) slidably received in the first pipe;
a dust box (Fig. 6, dust container 134) positioned within the housing;
a rail (Fig. 18, rail 278) extending parallel to the telescoping suction pipe, the rail coupled to move with the telescoping suction pipe, the rail sliding along the guide;
a first stop (Fig. 15, plunge depth stop 274) movable along and with the rail to limit movement of the telescoping suction pipe in a first direction, the first stop located on a first side of the guide; and
a second stop (Fig. 15, extension stop 314) movable along and with the rail to limit movement of the telescoping suction pipe in a second direction, the second stop located on a second side of the guide, at least one of the first stop and the second stop includes a housing (Figs. 17 and 19, extension stop 314 and plunge depth stop 274 outer portion), a button (Fig. 17, actuator 318, Fig. 19, actuator 294) received in the housing, and a spring (Fig. 17, spring 334, Fig. 19, spring 302) positioned between the housing and the button.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yoshikane, US 20180200852, contains many of the same features, and would likely read on the independent claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL JEREMY LEEDS whose telephone number is (571)272-2095. The examiner can normally be reached Mon-Thurs, 0730-1730.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731
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