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 Objections
Claim 1 is objected to because of the following informalities:
“comprising:” in line 1 should read “the bumper element comprising:”.
“the other end” in line 3 should read “another end” (because it was not previously recited that the bumper element only has two ends).
Claim 3 is objected to because of the following informality: “axial direction of the bumper element” in line 2 should read “axial direction” (because it was not previously recited that the axial direction is of the [i.e. belongs to the] bumper element).
Claim 6 is objected to because of the following informality: “located a” in line 2 should read “located at a”.
Claims 7 and 8 are objected to because of the following informality: “as claimed in” in line 1 should read “according to” (to be consistent with claims 2-6, 9, and 10 which recite “according to” instead of “as claimed in”).
Claim 9 is objected to because of the following informality: “the at least” in line 6 should read “wherein the at least”.
Claim 11 is objected to because of the following informality: “comprising:” in line 1 should read “the venting structure comprising:”.
Claim 12 is objected to because of the following informality: “the groove,” in line 14 should read “the at least one groove,”.
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 6 and 11-13 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 pre-AIA the applicant regards as the invention.
Claim 6 recites the limitation "the extending direction" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner is interpreting the limitation as if it instead reads “the extension direction”.
Claim 11 recites the limitation "the axial direction" in line 4. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner is interpreting the limitation as if it instead reads “an axial direction”.
Claim 11 recites the limitation "the side wall" in line 8. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner is interpreting the limitation as if it instead reads “a side wall”.
Claim 11 recites the limitation "the end of the at least one groove," in line 9. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner is interpreting the limitation as if it instead reads “an end of the at least one groove,”.
Claim 12 recites the limitation "the axial direction" in line 5. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner is interpreting the limitation as if it instead reads “an axial direction”.
Claim 12 recites the limitation "the end of at least one groove," in line 12. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner is interpreting the limitation as if it instead reads “an end of the at least one groove,”.
Claim 13 is rejected as being indefinite because it depends from claim 12.
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 1, 2, and 7-10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Golsch (US 4,932,480).
Regarding claim 1, Golsch discloses a bumper element (70 in Figures 2 and 1) for a tool (10 in Figure 1), comprising:
a bearing end face (100 in Figures 2 and 4) located at one end (top end in Figures 2 and 4) of the bumper element (70) in an axial direction (a direction along the longitudinal axis of 70) (apparent from Figures 2 and 4);
a supporting end face (102 in Figure 4) located at the other end (bottom end in Figure 4) of the bumper element (70) in the axial direction (the direction along the longitudinal axis of 70) (apparent from Figure 4), and
a circumferential surface (the lateral side surface of 70 in Figures 2 and 4) interposed between the supporting end face (102) and the bearing end face (100) (apparent from Figure 4, Col. 6 lines 22-34),
wherein at least one groove (the eight grooves 112 in Figures 2-5) is provided on the circumferential surface (106) and configured to increase a surface area of the circumferential surface (106) (apparent when Figures 2-5 are viewed in relation to one another, Col. 6 lines 35-44).
Regarding claim 2, Golsch discloses that the at least one groove (the eight grooves 112) extends between the bearing end face (100) and the supporting end face (102) (apparent from Figures 2 and 4, Col. 6 lines 38-39).
Regarding claim 7, Golsch discloses that:
the at least one groove (the eight grooves 112) includes a plurality of grooves (the eight grooves 112) (Col. 6 lines 35-38), and
the plurality of the grooves (the eight grooves 112) are evenly distributed along a circumferential direction of the bumper element (70) (apparent from Figures 3, 5, and 2).
Regarding claim 8, Golsch discloses that the at least one groove (the eight grooves 112) includes at least six grooves but no more than fifteen grooves (because eight is greater than six but less than fifteen) disposed along a circumferential direction of the bumper element (70) (apparent from Figures 3, 5, and 2, Col. 6 lines 35-39).
Regarding claim 9, Golsch discloses that the circumferential surface (the lateral side surface of 70 in Figures 2 and 4) includes:
a cylindrical segment (the portion of the circumferential surface on 108 in Figures 2 and 4) disposed at one end of the supporting end face (102) along the axial direction (the direction along the longitudinal axis of 70) (apparent from Figures 2 and 4, Col. 6 lines 25-30), and
a frustum segment (the portion of the circumferential surface above 108 in Figures 2 and 4) positioned adjacent to the cylindrical segment (the portion of the circumferential surface on 108) (apparent from Figures 2 and 4), and
the at least one groove (the eight grooves 112) is disposed on the frustum segment (the portion of the circumferential surface above 108 in Figures 2 and 4) (apparent from Figures 2 and 4).
Regarding claim 10, Golsch discloses that the cylindrical segment (the portion of the circumferential surface on 108) extends at least 1 mm in the axial direction (the direction along the longitudinal axis of 70) (clear from Figure 1 since trigger 52 has a length approximately equal to a width of a human finger).
Claims 1, 3, 4, and 6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Moore et al. (US 2014/0202724), hereinafter Moore.
Regarding claim 1, Moore discloses a bumper element (shown in an annotated version of Figure 12 of Moore, hereinafter Figure 12x, below) for a tool (178 in Figure 12), comprising:
a bearing end face (the top surface of the “bumper element” in Figure 12x below) located at one end (top end in Figure 12x below) of the bumper element in an axial direction (a direction along the longitudinal axis of the “bumper element”) (apparent from Figure 12x below);
a supporting end face (the bottom surface of the “bumper element” in Figure 12x below) located at the other end (bottom end in Figure 12x below) of the bumper element in the axial direction (the direction along the longitudinal axis of the “bumper element”) (apparent from Figure 12x below), and
a circumferential surface (lateral side surface of the “bumper element” in Figure 12x below) interposed between the supporting end face (the bottom surface of the “bumper element” in Figure 12x below) and the bearing end face (the top surface of the “bumper element” in Figure 12x below) (apparent from Figure 12x below),
wherein at least one groove (shown bubbled in Figure 12x below) is provided on the circumferential surface (lateral side surface of the “bumper element” in Figure 12x below) and configured to increase a surface area of the circumferential surface (clear from Figure 12x below).
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Figure 12x: an annotated version of Figure 12 of Moore
Regarding claim 3, Moore discloses that an extension direction (the longitudinal direction of the “first portion” of the groove shown bubbled in a second annotated version of Figure 12 of Moore, hereinafter Figure 12y, below) of the at least one groove (shown bubbled in Figure 12x above) is at least partially non-parallel to the axial direction (the direction along the longitudinal axis of the “bumper element”) of the bumper element (apparent from Figure 12y below).
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Figure 12y: a second annotated version of Figure 12 of Moore
Regarding claim 4, Moore discloses that the at least one groove (shown bubbled in Figure 12x above) includes a first portion (shown bubbled in Figure 12y above) defining a first angle (an acute angle) with the axial direction (the direction along the longitudinal axis of the “bumper element”) and a second portion (shown bubbled in Figure 12y above) defining a second angle (a 0-degree angle) with the axial direction (apparent from Figure 12y above).
Regarding claim 6, Moore discloses that an end (top end of the “first portion” shown bubbled in Figure 12y above) of the at least one groove (shown bubbled in Figure 12x above) along the extending direction (the longitudinal direction of the “first portion”) is located a distance from the supporting end face (the bottom surface of the “bumper element” in Figure 12x above) (apparent from Figure 12y above).
Claims 1 and 11-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wen (US 7,395,954).
Regarding claim 1, Wen discloses a bumper element (shown in an annotated version of Figure 5 of Wen, hereinafter Figure 5x, below) for a tool (shown in Figure 5), comprising:
a bearing end face (the top surface of the “bumper element” in Figure 5x below) located at one end (top end in Figure 5x below) of the bumper element in an axial direction (a direction along the longitudinal axis of the “bumper element”) (apparent from Figure 5x below);
a supporting end face (the bottom surface of the “bumper element” in Figure 5x below) located at the other end (bottom end in Figure 5x below) of the bumper element in the axial direction (the direction along the longitudinal axis of the “bumper element”) (apparent from Figure 5x below), and
a circumferential surface (lateral side surface of the “bumper element” in Figure 5x below) interposed between the supporting end face (the bottom surface of the “bumper element” in Figure 5x below) and the bearing end face (the top surface of the “bumper element” in Figure 5x below) (apparent from Figure 5x below),
wherein at least one groove (shown bubbled in Figure 5x below) is provided on the circumferential surface (lateral side surface of the “bumper element” in Figure 5x below) and configured to increase a surface area of the circumferential surface (clear from Figure 5x below).
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Figure 5x: an annotated version of Figure 5 of Wen
Regarding claim 11, Wen discloses a venting structure (3, 4, the “base” shown in Figure 5x above, and the “bumper element” shown in Figure 5x above, collectively) for a tool (shown in Figure 5), comprising:
a base (shown in Figure 5x above);
a cylinder (3 in Figure 5) disposed on the base (shown in Figure 5x above) and sealed to the base (clear from Figure 5x above since 3 is immovable as described in Col. 3 lines 37-41);
a piston (4 in Figure 5) provided inside the cylinder (3) (apparent from Figure 5) and configured to move along the axial direction (a direction along the longitudinal axis of 3) of the cylinder (Col. 3 lines 42-46 and 51-54); and
the bumper element (shown in Figure 5x above) of claim 1 (see 102(a)(2) rejection of claim 1 over Wen above),
wherein the bumper element (shown in Figure 5x above) is supported on the base (shown in Figure 5x above) by the supporting end face (the bottom surface of the “bumper element” in Figure 5x above) (apparent from Figure 5x above),
wherein a first vent hole (39 in Figure 5) is provided on the side wall of the cylinder (3) at a position corresponding to the end (bottom end of the “groove” in Figure 5x above) of the at least one groove (apparent from Figure 5x above, Col. 5 lines 44-49), and
wherein gas (“air”) inside the cylinder (3) is vented at least through the at least one groove (shown bubbled in Figure 5x below) and the first vent hole (39) (as shown in Figure 5x above, Col. 5 lines 44-56).
Regarding claim 12, Wen discloses a tool (shown in Figure 5), comprising:
a housing (1 in Figure 5, which includes hole 18 as stated in Col. 5 lines 47-49);
a base (shown in Figure 5x above) sealed to the housing (1) (clear from Figure 5x above);
a cylinder (3 in Figure 5) sealed to the base (shown in Figure 5x above) and located within the housing (1) (clear from Figure 5x above since 3 is immovable as described in Col. 3 lines 37-41);
a piston (4 in Figure 5) located within the cylinder (3) (apparent from Figure 5) and configured to move along the axial direction (a direction along the longitudinal axis of 3) of the cylinder (Col. 3 lines 42-46 and 51-54), wherein movement of the piston (4) along the axial direction (the direction along the longitudinal axis of 3) of the cylinder (3) actuates the tool (Col. 3 lines 42-46 and 51-54); and
the bumper element (shown in Figure 5x above) of claim 1 (see 102(a)(2) rejection of claim 1 over Wen above),
wherein the bumper element (shown in Figure 5x above) is supported on the base (shown in Figure 5x above) by the supporting end face (the bottom surface of the “bumper element” in Figure 5x above) (apparent from Figure 5x above),
wherein the bearing end face (the top surface of the “bumper element” in Figure 5x above) faces the piston (4) (apparent from Figure 5x above),
wherein a first vent hole (39 in Figure 5) is provided on a side wall of the cylinder (3) at a position corresponding to the end (bottom end of the “groove” in Figure 5x above) of at least one groove (apparent from Figure 5x above, Col. 5 lines 44-49),
wherein a second vent hole (18 in Figure 5) is provided on the housing (1) (Col. 5 lines 47-49), and
wherein gas (“air”) within the cylinder (3) is vented from the tool at least through the groove (shown bubbled in Figure 5x above), the first vent hole (39), and the second vent hole (18) (as shown in Figure 5x above, Col. 5 lines 44-56).
Regarding claim 13, Wen discloses that the tool (shown in Figure 5) is a gas spring nail gun (Col. 3 lines 36-54, Col. 5 lines 44-62).
Allowable Subject Matter
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, the closest prior art reference, Moore (see 102(a)(2) rejection of claim 4 above), discloses that the second portion (shown bubbled in Figure 12y above) is closer to the supporting end face (the bottom surface of the “bumper element” in Figure 12x above) than the first portion (apparent from Figure 12y above).
However, Moore, taken alone or in combination with the prior art as a whole fails to teach or render obvious: the second angle is greater than the first angle. Furthermore, criticality for this limitation has been disclosed in Page 6 lines 11-18 of the instant application.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Pomeroy et al. (US 2023/0286123) also teaches a bumper element (136 in Figure 5) comprising a plurality of grooves (grooves 90b in Figure 5) evenly distributed on its circumferential surface (apparent from Figure 5, Paragraph 0031).
Mina et al. (US 2015/0135946) also teaches a bumper element (16 in Figure 2) comprising a plurality of grooves (grooves 28 in Figures 2-4) evenly distributed on its circumferential surface (apparent from Figures 2 and 4).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANZIM IMAM whose telephone number is (571)272-2216. The examiner can normally be reached on Mon - Fri 8:00AM - 4:00PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached on 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TANZIM IMAM/Primary Examiner, Art Unit 3731
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