DETAILED ACTION
Hand-Held Sanding Device
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09-22-2025 has been entered.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1,3-5,7-8,10-11,15-19 is/are rejected under 35 U.S.C. 102(A)(1) as being anticipated by Wuensch et al. (US20010023168A1) cited in IDS.
Regarding claim 1, Wuensch teaches
at least one sanding device (23, figure 1) for receiving or configuring a sanding apparatus (para 0017-0024), the sanding device comprising at least one fan (20, figure 1) configured to convey away material subtracted in a sanding procedure ;
at least one drive device (11, figure 1) configured to drive the at least one sanding device; and
at least one connecting housing unit (see annotated figure below; para 0017-0024) positioned below the at least one drive device which at least partially receives the at least one sanding device, the at least one connecting housing unit comprising an internal wall (see annotated figure below) that delimits a fan receptacle region and is configured for guiding an air flow generated by the at least one fan, said internal wall being funnel-shaped about a rotation axis of a driveshaft (12, figure 1) of the drive device and expanding outwardly in an upward direction.
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Regarding claim 3, Wuensch teaches
an ejection port (22, figure 1) with an outlet opening (para 0017-0018); and
an air inlet (para 0017-0018); and
the internal wall (see annotated figure above) is segmented in a direction of the rotation axis, and the air inlet (associated with element 21) and the outlet opening (associated with element 22) are disposed in different segments of the internal wall.
Regarding claim 4, Wuensch teaches wherein the at least one connecting housing unit further comprises an ejection port (22, figure 1) with an outlet opening that forms a separation edge, the separation edge running at least substantially perpendicular to a plane in which the rotation axis extends (see figure 1).
Regarding claim 5, Wuensch teaches an ejection port (22, figure 1) with an outlet opening (para 0017-0018) that forms a separation edge (figure 1), the separation edge running in a plane that extends at least substantially parallel to the rotation axis, the separation edge configured (capable of this) to have a curvature radius of less than 10 mm.
Regarding claim 7, Wuensch teaches an ejection port (22, figure 1) having a duct longitudinal axis (see within element 22, figure 1), the ejection port arranged such that the duct longitudinal axis is aligned, in a first plane that is perpendicular to the rotation axis, so as to be at an acute angle relative (element 22 with respect to element 12 is less 90 degrees) to a second plane defined by the rotation axis and a longitudinal axis of the drive device (figure 1).
Regarding claim 8, Wuesch teaches an ejection port (22, figure 1)having a duct longitudinal axis (see within element 22, figure 1), the ejection port arranged such that the duct longitudinal axis and a plane perpendicular to the rotation axis enclose an acute angle (element 22 with respect to element 12 is less 90 degrees).
Regarding claim 10, Wuensch teaches wherein the at least one fan (20, figure 1) is asymmetrically configured for forming a transmission element of the sanding device.
Regarding claim 11, Wuensch teaches
a first radius from a rotation axis of the driveshaft defined by a lower portion of the funnel shaped internal wall in the fan receptacle region is smaller than a second radius from the rotation axis defined by an upper portion of the funnel shaped internal wall in the fan receptacle region (see annotated figure below);
a point on the internal wall at the first radius and a point on the internal wall at the second radius define a line on a segment of the internal wall transverse to the rotation axis (see annotated figure below); and
the at least one fan has a blade assembly (20, figure 1)with a chamfer disposed so as to be transverse to the rotation axis and at least substantially parallel to the segment of the internal wall (see annotated figure above).
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Regarding claim 15, Wuensch teaches
at least one connecting housing unit including (see annotated figure below; para 0017-0024)
an ejection port (22, figure 1) with an outlet opening (para 0017-0018), and
an air inlet (para 0017-0018); and
an internal wall (see annotated figure above) that delimits a fan receptacle region (annotated figure below), the internal wall segmented in a direction of a the rotation axis of the hand-held sanding machine,
wherein the air inlet (associated with element 21, figure 1) and the outlet opening (associated with element 22, figure 1)are disposed in different segments of the internal wall.
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Regarding claim 16, Wuensch teaches
the internal wall has a first radius at a first location (see annotated figure below);
the internal wall has a second radius at a second location (see annotated figure below);
the air inlet (para 0017-0018) is below the ejection port (22, figure 1);
the first location is below the second location (see annotated figure below; and
the first radius is smaller than the second radius.
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Regarding claim 17, Wuensch teaches
the second location (see annotated figure above)is directly radially outward of a fan (20, figure 1) positioned in the fan receptacle region of the connecting housing unit (see annotated figure above); and
the first location (see annotated figure above) is directly radially outward of the fan positioned in the fan receptacle region of the connecting housing unit (see annotated figure above).
Regarding claim 18, Wuensch teaches
the internal wall has a first radius (see annotated figure above) at a first location;
the internal wall has a second radius at a second location (see annotated figure above and below);
the at least one drive device is located above the at least one sanding device (see annotated figure below);
the first location is below the second location; and
the first radius is smaller than the second radius (see annotated figure below).
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Regarding claim 19, Wuensch
the second location is directly radially outward of the at least one fan (see annotated figure above); and
the first location is directly radially outward of the at least one fan (see annotated figure above).
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) 2,12-14,20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wuensch et al. (US20010023168A1) cited in iDS in view of Ruhland (US20220126417A1)
Regarding claim 2, Wuensch teaches all limitations stated above and an air inlet (para 0017-0018);
an ejection port (22, figure 1); and, but fails to teach a conical spiral path disposed on the internal wall running, in a direction of the rotation axis, from the air inlet to the ejection port.
Ruhland teaches a handheld grinding machine tool (para 0035), that includes a conical spiral guide path (para 0033, 0139) disposed on the internal wall running, in a direction of the rotation axis (para 0087-0088), from an air inlet to an ejection port (para 0078-0081).
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Wuensch to have a conical spiral path disposed on the internal wall running, in a direction of the rotation axis, from the air inlet to the ejection port based on the teachings of Ruhland. This modification would help guide the airflow. (see para 0101-0104,0135-0139 of Ruhland)
Regarding claim 12, Wuensch teaches
an air inlet (para 0017-0018);
an ejection port (22, figure 1); and
a rotation axis of a driveshaft of a drive device (11, figure 1) of the sanding machine, from the air inlet to the ejection port (para 0017-0020).
Wuensch fails to teach a conical spiral path disposed on an internal wall that delimits a fan receptacle region of a connecting housing unit and running, in a direction.
Ruhland teaches a handheld grinding machine tool (para 0035), that includes a conical spiral guide path (para 0033, 0139) disposed on the internal wall running, in a direction of the rotation axis (para 0087-0088), from an air inlet to an ejection port (para 0078-0081).
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Wuensch to have a conical spiral path disposed on the internal wall running, in a direction of the rotation axis, from the air inlet to the ejection port based on the teachings of Ruhland. This modification would help guide the airflow. (see para 0101-0104,0135-0139 of Ruhland)
Regarding claim 13, modified Wuensch teaches the conical spiral path (see Ruhland para 0033, 0111, 0139 and figure 4) has a first radius at a first location;
the conical spiral path has a second radius at a second location;
the air inlet (para 0017-0018) is below the ejection port (22, figure 1);
the first location is below the second location; and
the first radius is smaller than the second radius (see Ruhland para 0033,0111,0139 and figure 4).
Regarding claim 14, modified Wuensch teaches
the second location is directly radially outward of a fan positioned in the fan receptacle region of the connecting housing unit; and
the first location is directly radially outward of the fan positioned in the fan receptacle region of the connecting housing unit. (see Ruhland para 0033, 0111, 0139 and figure 4)
Regarding claim 20, modified Wuensch teaches wherein the conical spiral path is integrally formed in the internal wall, the conical spiral path (para 0033, 0139) configured to guide airflow from the air inlet to the ejection port (para 0078-0081).
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wuensch et al. (US20010023168A1)
Regarding claim 6, Wuensch teaches wherein at least one segment of the internal wall forms a spiral path (see annotated figure above).
However, Wuensch fails to an angle between 15° and 60° in relation to the rotation axis.
Wuensch discloses the claimed invention except for an angle between 15° and 60° It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include an angle between 15° and 60° for the spiral path, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. See MPEP 2144.05.II. The Examiner notes that a particular parameter must be recognized as a result effective variable, in this case, that parameter is the angle of the spiral path in relation to the rotation axis be between 15° and 60° which achieves the recognized result of helping the airflow move through the sander, therefore, one of ordinary skill in the art at the filing date of the invention would have found the claimed range through routine experimentation. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977). See also In re Boesch, 617 F.2d 272, USPQ 215 (CCPA 1980). Further, no criticality for the claimed recitation is apparent in applicant's disclosure.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wuensch et al. (US20010023168A1) in view of Milbourne (US 9868199 B2)
Regarding claim 9, Wuensch teaches all limitations stated above ,but fails to teach at least two primary shells at least partially encompassing the at least one fan in an assembly plane that is parallel to the rotation axis.
MIlbourne teaches a sander (abstract) one connecting housing unit further comprises at least two primary shells (14 a and 14b, figure 2) at least partially encompassing the at least one fan (58, figure 2) in an assembly plane that is parallel to the rotation axis.
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Wuensch to include Milbourne teachings so that Wuensch has a connecting housing unit further comprises at least two primary shells at least partially encompassing the at least one fan. This modification would allow person to easily reassemble a sander after maintenance has been performed (see Milbourne col 1 lines 65- lines 2 lines 12).
Response to Arguments
Applicant’s arguments, filed 09-22-2025, with respect to the
rejection(s) of claim(s) 1,12,15 and their dependent claims under 35 U.S.C.102 and 35 U.S.C.103 have been fully considered but are moot because the new ground of rejection (as necessitated by amendment) relies on a different combination of prior art references, not applied in the prior rejection of record.
Conclusion
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/SARAH AKYAA FORDJOUR/Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723