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 .
Response to Amendment
Claims 1-20 are pending. Claims 1, 2, 6, 7, 8, 16-20 currently amended.
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, 2, 3, 5, 9 ,10, 11, 13, 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scholz (US Pub. 20140024298 A1) in view of Whelan (US Pub. 20090088052 A1), Elfner (US Pub. 20150038064 A1), Fukuoka (JP 2004154872 A), Mccurry (US 5632578 A), and Rakuff (US Pub. 20190368502 A1)
With respect to claim 1, Scholz discloses: A handheld work tool comprising an interface for holding a cutting tool (round cutting tool 12, fig. 1, is interfaced with rest of tool; [0025]), an motor having a rotational axis and being arranged to drive the cutting tool (internal combustion engine describe in [0025-0026], drives a belt/fan in a rotating manner, so it has a rotational axis), a support arm (11, fig. 2; [0025]) and a belt guard (21 and 22, fig. 4; [0030]), wherein the support arm is arranged to support the circular cutting tool on a first end of the support arm (tool side end of cutting arm 11, [0030]), and to support the motor at a second end of the support arm, opposite to the first end (engine side end of cutting arm 11; [0030], which are opposite as demonstrated by how the cover elements 21 and 22 in fig. 3 are arranged), and wherein the belt guard and at least a part of the support arm are configured to enclose an interior space ([0030]), wherein the hand-held work tool comprises a fan , configured to generate a flow of cooling air ([0003-0004]), wherein a portion of the flow of cooling air is arranged to be guided via an opening into the interior space (air is arranged such that it enters the interior space, see arrows in fig. 2; [0010, 0012]; [0012] describes air is used to cool motor, with an opening at air duct 18; [0029]), thereby increasing an air pressure in the interior space above an ambient air pressure level (fans generate positive air pressure on one side by sucking air), wherein the fan urges the flow of cooling air urges the flow of cooling air past the electric motor (the air flow moves around fan chamber 14, fig. 1, [0026] to cool the motor, before part of it is branched off into air duct 18, fig. 2, through a cyclone filter 20, fig. 2, as in [0029], furthermore, it is shown that the air flow is further branched in the interior space as in fig .2, with the air flow split to two halves; thus the air flow is divided in different directions to provide a separate flow of cooling air to both the motor and to the interior space, as the air flow is divided in different directions in the interior space, and part of the air flow is branched off to the interior space)
Scholz does not explicitly disclose an electric motor, and a battery compartment for holding a battery arranged to power the electric motor, a portion of the flow of cooling air is arranged to be guided via an opening a plurality of openings into the interior space, wherein the fan comprises a first portion and a second portion and is arranged on an axle of the electric motor and urges the flow of cooling air past the electric motor and into the interior space via the plurality of openings, wherein the plurality of openings surround the rotational axis of the electric motor, wherein the first portion comprises a plurality of axial fan blades that extend at an angle relative to an axis of rotation of the fan, and wherein the second portion comprises a plurality of radial fan blades that extend parallel to the axis of rotation of the fan.
Whelan, in the same field of endeavor, as related to cutting machines, teaches that an internal combustion engine [gasoline] may be used to drive a cutting machine in place of an electric motor with a rechargeable battery ([0038], battery noted to be within a compartment, inside of a pack (or shell)/compartment as described in [0026], as 13c, fig. 14; also [0038] teaches that the motor can also be powered by a cord).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted the internal combustion engine of Scholz for the electric motor and battery compartment of Whelan, as equivalent means for driving the cutting tool. A person skill in the art would have made the substitution with a reasonable expectation of success.
In the alterative, regarding the limitation: a battery compartment for holding a battery arranged to power the electric motor, Elfner, in the same field of endeavor, relating to cutting tools, teaches that an enclosed battery (in a component of a housing) is equivalent to that of a corded power tool ([0035]; see also [0038] of Whelan, noted above).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have provided a battery inside a compartment of a housing, instead in place of the battery of Whelan as incorporated into Scholz, for the purpose of providing protection to the battery by enclosing it in the compartment. Alternatively, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have substituted the battery of battery of Whelan as incorporated into Scholz for that enclosed by Elfner in a compartment as substitution of elements for known equivalents, with a reasonable expectation of success.
Scholz discloses that the motor is cooled by the air flow ([0012]), and the fan is connected/arranged on a shaft of the engine ([0004]; crankshaft extends out of both sides of engine, fan arranged on one side). Scholz also discloses that the air outlet of the air flow is arranged on the tool side so that air can flow through the entire belt guard/arm ([0031]).
Fukuoka, in the same field of endeavor, relating to cutting tools, teaches of having wherein a fan is arranged on an axle of the electric motor (fan 131 on drive shaft [axle] 123, fig. 1; of motor 121; [0013]; motor is electric as in [0005]/problem to be solved by invention section; Fukuoka also evidences that electric motors in cutting tools need to be cooled). Fukuoka provides that this arrangement provides for cooling air to be discharged to the work tool side through the tool housing after being used to cool the motor ([0008, 0020]), thus providing a rational arrangement that improves visibility for the user of the cutting area ([0021]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have further modified Scholz to have a fan is arranged on an axle of the electric motor (which is analogous to how Scholz has the cooling fan arranged on the crankshaft/axle of the internal combustion engine), as taught by Fukuoka for the purpose of providing a rational arrangement that can keep the work area clear. One of ordinary skill in the art, before the effective filing date of the claimed invention would have integrated the arrangement of Scholz where the air outlet is on the tool side with the teachings of Fukuoka of having the air discharged at the work tool side to improve visibility of the cutting area.
As for the limitation of having a plurality of openings surrounding the rotational axis of the electric motor, Scholz provides for the air flow through to keep the belt area clean ([0015-0016]).
Mccurry, in the same field of endeavor, as related to power tools, teaches of a plurality of openings (formed by helical vanes 44, fig. 5; col 3 lines 24-36) around a rotational axis of the fan blade and motor (around axis 40, fig. 3; col 3 lines 16-36). Mccurry teaches that this arrangement makes for predictable movement to carry debris away (col 3 lines 30-37).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have provided in Scholz, the arrangement of Mccurry for the purpose of providing a predictable air flow to keep the tool free of debris, which would result in a portion of the flow of cooling air is arranged to be guided via an opening a plurality of openings into the interior space, wherein the fan urges the flow of cooling air past the electric motor and into the interior space via the plurality of openings, wherein the plurality of openings surround the rotational axis of the electric motor, as the air would flow through a plurality of openings around the fan.
Rakuff, reasonably pertinent to the problem being solved of machine cooling and airflow ([0002]) teaches of wherein the fan comprises a first portion (portion of the fan has blades 48 in a central portion 50, figs. 2a, 2b, [0015], provides for axial flow) and a second portion (portion of fans with blades 38 on stabilizer ring 56, figs. 2a, 2b, [0016] provides for centrifugal flow) , wherein the first portion comprises a plurality of axial fan blades that extend at an angle relative to an axis of rotation of the fan (portion of the fan has blades 48 in a central portion 50, figs. 2a, 2b, [0015], provides for axial flow, angled relative to axis at hub 54, [0016]), and wherein the second portion comprises a plurality of radial fan blades that extend parallel to the axis of rotation of the fan (portion of fans with blades 38 on stabilizer ring 56, figs. 2a, 2b, [0016] provides for centrifugal flow, parallel outward relative to axis at hub 54, [0016]). Rakuff teaches that this arrangement has application in machines having cooling fans ([0003, 0010]) and reduces undesirable high temperatures ([0002]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have provided in Scholz, the fan arrangement of Rakuff, for the purpose of reducing high temperatures.
With respect to claim 2, Scholz as modified teaches the limitations of claim 1 above, however does not explicitly teach wherein the plurality of includes openings located along a circle surrounding the rotational axis of the electric motor.
Mccurry, in the same field of endeavor, as related to power tools, teaches of a plurality of openings located along a circle surrounding the rotational axis of the electric motor (formed by helical vanes 44, fig. 5; col 3 lines 24-36, around a rotational axis 40, fig. 3; of the motor as in col 3 lines 16-36). Mccurry teaches that this arrangement makes for predictable movement to carry debris away (col 3 lines 30-37).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have provided in Scholz, the arrangement of Mccurry for the purpose of providing a predictable air flow to keep the tool free of debris.
With respect to claim 3, Scholz, as modified, teaches the limitations of claim 1 above, and further teaches wherein the electric motor is arranged to drive the fan (fan driven by motor as in [0003] of Scholz, thus using the electric motor of Whelan as the power source would also drive the fan; the teachings of Fukuoka also provide for a motor shaft/axle driving the electric motor as explained in the rejection of claim 1 above).
With respect to claim 5, Scholz, as modified, teaches the limitations of claim 1 above, and further teaches wherein the belt guard and/or the support arm comprises an air outlet through which the flow of cooling air exits the interior space (Scholz, outlet 23, fig. 3; [0031-0032], on the belt guard; there is also an outlet 2, fig. 2; [0029]).
With respect to claim 9, Scholz, as modified, teaches the limitations of claim 5 above, and further teaches wherein the air outlet is located at a rear end portion of either the belt guard or the support arm (Scholz, air outlet 23, fig. 3 can be said to be located at an rear end of the belt guard)
With respect to claim 10, Scholz, as modified, teaches the limitations of claim 5 above, and further teaches wherein the air outlet is located in an area of a lower portion of either the belt guard or the support arm (Scholz, air outlet 23 can be in a lower/rear potion of the belt guard depending on relative orientation of tool).
With respect to claim 11, Scholz, as modified, teaches the limitations of claim 5 above, and further teaches wherein the air outlet is arranged as a through-hole in the belt guard (Scholz, air outlet 23 is a through hole when opened in fig. 6, [0066], also the surface as shown in fig. 3 has a hole to let air out)
With respect to claim 13, Scholz, as modified, teaches the limitations of claim 5 above, and further teaches wherein the air outlet is positioned at a lower half of the belt guard and/or the support arm (Scholz, when positioned in a rest position where the air outlet 23, fig. 3 is facing down, then the air outlet is in the lower half of the belt guard considering that it is at the extreme bottom end thereof).
With respect to claim 15, Scholz, as modified, teaches the limitations of claim 5 above, and further teaches wherein a shortest distance between the rotational axis of the motor and the outlet is greater than a shortest distance between said rotational axis and the plurality of openings (Scholz, air outlet is positioned on an opposite end of the support arm at 23, fig. 3, opposite the engine side 22, fig. 3 of the belt guard; as described in [0030], with the air opening/ air duct 18 where the air comes in is placed near the motor end as in [0029] so that the air can flow the entire length and thus a shortest distance between the rotational axis of the motor and the outlet is greater than a shortest distance between said rotational axis and the opening).
In the alternative, MPEP 2144.04 provides that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device”. It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Scholz and have made a shortest distance between the rotational axis of the motor and the outlet is greater than a shortest distance between said rotational axis and the opening, as a change in relative dimensions.
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Ann. Fig. 2 (Scholz)
With respect to claim 16, Scholz, as modified, teaches the limitations of claim 1 above, and further teaches wherein the support arm comprises cooling flanges and wherein each of the plurality of openings is located between a pair of cooling flanges (ann. fig. 2, Scholz, consistent with instant cooling flanges, modification with a plurality of openings would be similarly placed/distributed around a circle and the motor [thus with at least two between flanges]).
With respect to claim 17, Scholz, as modified, teaches the limitations of claim 1 above, and further teaches wherein the plurality of openings are arranged as one or more openings in the support arm (see ann. fig. 2 of Scholz, above, the support arm has at least one opening, into air duct 18 of arm 11, [0029], modification with a plurality of openings would be similarly placed/distributed around a circle in the support arm to allow air to move in).
Claim(s) 6-8, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scholz (US Pub. 20140024298 A1) in view of Whelan (US Pub. 20090088052 A1), Elfner (US Pub. 20150038064 A1) Fukuoka (JP 2004154872 A) Mccurry (US 5632578 A), Rakuff (US Pub. 20190368502 A1) and further in view of Bian (WO 2019096223 A1).
With respect to claim 6, Scholz, as modified, teaches the limitations of claim 5 above, however does not explicitly teach wherein plurality of openings have an area between 600mm2 and 1000mm2.
Bian, in the same field of endeavor, related to cutting and power tools, teaches that the size of the air opening [inlet] is a result effective variable in that “The larger the air inlet, the greater the ideal air intake volume. However, if it is too large, the cooling air will lose its guidance and form a vortex at the air inlet, entering the air inlet and then flowing out of the air inlet, or the cooling air will not be discharged smoothly, resulting in reduced cooling efficiency.” ([0120]). MPEP 2144.05 provides that optimization of a result effective variable is obvious to one of ordinary skill in the art, absent a demonstration of criticality. As a result, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have optimized the size of the air opening and have selected an area between 600mm2 and 1000mm2, in order to balance the ideal intake air volume while preventing the formation of a vortex. One skilled in the art would have made the selection with a reasonable expectation of success.
With respect to claim 7, Scholz, as modified, teaches the limitations of claim 5 above, however does not explicitly teach wherein an area of the air outlet is greater than an area of the plurality of openings.
Bian, in the same field of endeavor, related to cutting and power tools, teaches that one skilled in the art needs to consider the area relationship between the opening [inlet] and outlet in order to balance the ideal air intake and smooth discharge of the air ([0102]; the recitation that “usually the area of the air inlet is larger than that of the air outlet” merely a preferred embodiment). MPEP 2143 provides given a finite number of solutions to an identified problem, in this case the problem identified by Bian, above, and given the finite number of possible solutions (size of inlet/out the same, or one greater than the other) one of ordinary skill in the art would have found it obvious to try from the finite number of solutions.
As a result, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have selected an area of the air outlet is greater than an area of the opening, a selection from a finite number of identified solutions to an identified problem, and provided have Scholz, as modified, with such. One skilled in the art would have made the selection from a finite number of solutions with a reasonable expectation of success.
With respect to claim 8, Scholz, as modified, teaches the limitations of claim 5 above, however does not explicitly teach wherein the air outlet comprises a plurality of air outlets.
Bian, in the same field of endeavor, related to cutting and power tools, teaches of providing a plurality of outlets ([0192]) in order to increase the heat dissipation of the motor.
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have further modified Scholz and have provided a plurality of air outlets, as taught by Bian, in order to increase the heat dissipation efficiency of the motor.
In the alternative, MPEP 2144 provides that duplication of parts is obvious to one of ordinary skill in the art, thus it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have further modified Scholz and have provided a plurality of air outlets by duplicating the outlet disclosed by Scholz.
With respect to claim 14, Scholz, as modified, teaches the limitations of claim 5 above, however does not explicitly teach wherein the air outlet comprises a plurality of outlets which span over an angle relative to the rotational axis of an axle of the electric motor, wherein said angle is greater than 20 degrees,
Bian, in the same field of endeavor, related to cutting and power tools, teaches of providing a plurality of outlets ([0192]) in order to increase the heat dissipation of the motor.
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have further modified Scholz and have provided a plurality of air outlets, as taught by Bian, in order to increase the heat dissipation efficiency of the motor.
In the alternative, MPEP 2144 provides that duplication of parts is obvious to one of ordinary skill in the art, thus it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have further modified Scholz and have provided a plurality of air outlets by duplicating the outlet disclosed by Scholz.
As for the limitations regarding wherein the air outlet comprises a plurality of outlets which span over an angle relative to the rotational axis of the motor axle, wherein said angle is greater than 20 degrees, as noted in the rejection of claim 1, the motor rotates around an axis, and thus the air outlets would be angularly positioned around that axis, relative to said axis (the outlets position in the apparatus can be defined in terms of angle and distance from a point, or in this case the rotational axis). Regarding the claimed angle of greater than 20 degrees, MPEP 2144.04 provides that “a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device”. In this case, the angle being greater than 20 degrees defines a relative dimension, and it would, as a result, be obvious of one of ordinary skill in the art, before the effective filing date of the claimed invention, to have made the placement of the outlets of Scholz, as modified, to be greater than 20 degrees relative to the rotational axis of the motor axle, as a change in relative dimensions. In the alternative, MPEP 2144.04 also provides that rearrangement of parts would have been obvious to one skilled in the art, as a result, be obvious of one of ordinary skill in the art, before the effective filing date of the claimed invention, to have made the placement of the outlets of Scholz, as modified, to be greater than 20 degrees relative to the rotational axis of the motor axle relative to the rotational axis of the motor axle, as a rearrangement of the outlet.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scholz (US Pub. 20140024298 A1) in view of Whelan (US Pub. 20090088052 A1), Elfner (US Pub. 20150038064 A1) Fukuoka (JP 2004154872 A), Mccurry (US 5632578 A), Rakuff (US Pub. 20190368502 A1) and further in view Meixner (US Pub. 20100011598 A1) and Stieler (US Pub. 20140175721 A1)
With respect to claim 12, Scholz, as modified, teaches the limitations of claim 5 above, however does not explicitly teach wherein the belt guard is made of plastic and the support arm is made of magnesium.
Meixner, in the same field of endeavor, as related to cutting and power tools, teaches of making a belt guard out of plastic ([0017], referring to belt cover 21, fig. 1). Meixner teaches that this makes it easy to manufacture ([0017]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have made the belt guard of Scholz, as modified, out of plastic because it is easy to manufacture.
Stieler, in the same field of endeavor, as related to cutting and power tools (see abstract) teaches of using magnesium as part of a support frame ([0026]). Stieler teaches that magnesium can withstand high mechanical stresses.
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have made the support arm of Scholz, as modified, out of magnesium because it can handle high mechanical stresses.
In the alternative MPEP 2144.07 provides that “the selection of a known material based on its suitability for its intended use supported a prima facie obviousness”. As a result, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, made the belt guard of Scholz, as modified, of plastic and the support arm of magnesium, as a suitable material considering strength, easy of manufacture, and cost (as a result of the ease of manufacturing).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scholz (US Pub. 20140024298 A1) in view of Whelan (US Pub. 20090088052 A1), Elfner (US Pub. 20150038064 A1) Fukuoka (JP 2004154872 A), and Mccurry (US 5632578 A), Bergquist (EP 2747949 B1), and Rakuff (US Pub. 20190368502 A1)
With respect to claim 18, Scholz discloses: A handheld work tool comprising an interface for holding a cutting tool (round cutting tool 12, fig. 1, is interfaced with rest of tool; [0025]), an motor having a rotational axis and being arranged to drive the cutting tool (internal combustion engine describe in [0025-0026], drives a belt/fan in a rotating manner, so it has a rotational axis), a support arm (11, fig. 2; [0025]) and a belt guard (21 and 22, fig. 4; [0030]) wherein the support arm is arranged to support the circular cutting tool on a first end of the support arm (tool side end of cutting arm 11, [0030]), and to support the motor at a second end of the support arm (engine side end of cutting arm 11; [0030], which are opposite as demonstrated by how the cover elements 21 and 22 in fig. 3 are arranged), opposite to the first end (engine side end of cutting arm 11; [0030], which are opposite as demonstrated by how the cover elements 21 and 22 in fig. 3 are arranged), and wherein the belt guard and at least a part of the support arm are configured to enclose an interior space ([0030]), wherein the hand-held work tool comprises a fan, configured to generate a flow of cooling air ([0003-0004]), wherein a portion of the flow of cooling air is arranged to be guided via at least one opening through the support arm and into the interior space (air is arranged such that it enters the interior space, see arrows in fig. 2; [0010, 0012]; [0012] describes air is used to cool motor, with an opening at air duct 18; [0029]), wherein the belt guard and/or the support arm comprises at least one air outlet through which the flow of cooling air exits the interior space (outlet 23, fig. 3; [0031-0032], on the belt guard; there is also an outlet 2, fig. 2; [0029]), wherein the fan urges the flow of cooling air past the electric motor (the air flow moves around fan chamber 14, fig. 1, [0026] to cool the motor, before part of it is branched off into air duct 18, fig. 2, through a cyclone filter 20, fig. 2, as in [0029], furthermore, it is shown that the air flow is further branched in the interior space as in fig .2, with the air flow split to two halves; thus the air flow is divided in different directions to provide a separate flow of cooling air to both the motor and to the interior space, as the air flow is divided in different directions in the interior space, and part of the air flow is branched off to the interior space).
Scholz does not explicitly disclose an electric motor, a battery compartment for holding a battery arranged to power the electric motor, wherein a portion of the flow of cooling air is arranged to be guided via a plurality of openings through the support arm and into the interior space wherein the handheld work tool further comprises a cooling air conduit designed to guide airflow from the interior space formed by the support arm and the belt guard directly to the battery compartment, wherein the fan comprises a first portion and a second portion and is arranged on an axle of the electric motor and urges the flow of cooling air past the electric motor and into the interior space via the plurality of openings, wherein the plurality of openings surround the rotational axis of the electric motor, wherein the first portion comprises a plurality of axial fan blades that extend at an angle relative to an axis of rotation of the fan, and wherein the second portion comprises a plurality of radial fan blades that extend parallel to the axis of rotation of the fan.
Whelan, in the same field of endeavor, as related to cutting machines, teaches that an internal combustion engine [gasoline] may be used to drive a cutting machine in place of an electric motor with a rechargeable battery ([0038], battery noted to be within a compartment, inside of a pack (or shell)/compartment as described in [0026], as 13c, fig. 14; also [0038] teaches that the motor can also be powered by a cord).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted the internal combustion engine of Scholz for the electric motor and battery compartment of Whelan, as equivalent means for driving the cutting tool. A person skill in the art would have made the substitution with a reasonable expectation of success.
In the alternative, regarding the limitation: a battery compartment for holding a battery arranged to power the electric motor, Elfner, in the same field of endeavor, relating to cutting tools, teaches that an enclosed battery (in a component of a housing) is equivalent to that of a corded power tool ([0035]; see also [0038] of Whelan, noted above).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have provided a battery inside a compartment of a housing, instead in place of the battery of Whelan as incorporated into Scholz, for the purpose of providing protection to the battery by enclosing it in the compartment. Alternatively, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have substituted the battery of battery of Whelan as incorporated into Scholz for that enclosed by Elfner in a compartment as substitution of elements for known equivalents, with a reasonable expectation of success.
Scholz teaches that the motor is cooled by the air flow ([0012]), and that air flows from the fan into the interior space (air is arranged such that it enters the interior space, see arrows in fig. 2; [0010, 0012]; [0012] describes air is used to cool motor, with an opening at air duct 18; [0029]), and that such arrangement minimizes the amount of dust into the belt guard ([0016]).
Bergquist, in the same field of endeavor, related to cutting tools ([0002]), and reasonably penitent to the problem being solved of cooling a battery ([0003]), teaches a cooling air conduit designed to guide airflow from an interior space directly to the battery compartment (at corner of battery pack 12, fig. 4, where the air flow converges before entering battery pack 12; [0030,0031], the air flows from an interior space of housing 10, fig. 1B). Bergquist teaches that this arrangement “minimizes the risk of dust and other particles getting into the housing through leaking portions of the housing” ([0005]), that providing air cooling to the battery enhances tool capacity ([0005], “Thanks to the efficient cooling the motor as well as the battery pack, these components may be of high capacity, even though such high capacity components might produce a considerable amount of heat during operation of the tool” - also evidencing that motors need cooling), and that this arrangement is efficient ([0005], “Since the same fan is used for cooling the motor as the battery pack, an efficient way of cooling these components is achieved”).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have further modified Scholz to have a cooling air conduit designed to guide airflow from the interior space formed by the support arm and the belt guard directly to the battery compartment, the airflow is directed in separate directions to the electric motor and the battery compartment, using the teachings of Bergquist, since providing cooling air for both the motor and battery is efficient and increases tool capacity. One skilled in the art, applying the teachings of Bergquist to Scholz would have the conduit arranged from the interior space formed by the support arm and the belt guard directly to the battery compartment, given that the interior of both Bergquist and Scholz are provided with air flow for the purpose of preventing dust intrusion, and given that the air flow induced from the fan in Scholz enters the interior space formed by the support arm and belt guard.
Fukuoka, in the same field of endeavor, relating to cutting tools, teaches of having wherein a fan is arranged on an axle of the electric motor (fan 131 on drive shaft [axle] 123, fig. 1; of motor 121; [0013]; motor is electric as in [0005]/problem to be solved by invention section; Fukuoka also evidences that electric motors in cutting tools need to be cooled). Fukuoka provides that this arrangement provides for cooling air to be discharged to the work tool side through the tool housing ([0008, 0020]), thus providing a rational arrangement that improves visibility for the user of the cutting area ([0021]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have further modified Scholz to have a fan is arranged on an axle of the electric motor (which is analogous to how Scholz has the cooling fan arranged on the crankshaft/axle of the internal combustion engine), as taught by Fukuoka for the purpose of providing a rational arrangement that can keep the work area clear. One of ordinary skill in the art, before the effective filing date of the claimed invention would have integrated the arrangement of Scholz where the air outlet is on the tool side with the teachings of Fukuoka of having the air discharged at the work tool side to improve visibility of the cutting area.
As for the limitation of having a plurality of openings surrounding the rotational axis of the electric motor, Scholz provides for the air flow through to keep the belt area clean ([0015-0016]).
Mccurry, in the same field of endeavor, as related to power tools, teaches of a plurality of openings (formed by helical vanes 44, fig. 5; col 3 lines 24-36) around a rotational axis of the fan blade and motor (around axis 40, fig. 3; col 3 lines 16-36). Mccurry teaches that this arrangement makes for predictable movement to carry debris away (col 3 lines 30-37).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have provided in Scholz, the arrangement of Mccurry for the purpose of providing a predictable air flow to keep the tool free of debris, which would result in a portion of the flow of cooling air is arranged to be guided via an opening a plurality of openings into the interior space, wherein the fan urges the flow of cooling air past the electric motor and into the interior space via the plurality of openings, wherein the plurality of openings surround the rotational axis of the electric motor, as the air would flow through a plurality of openings around the fan.
Rakuff, reasonably pertinent to the problem being solved of machine cooling and airflow ([0002]) teaches of wherein the fan comprises a first portion (portion of the fan has blades 48 in a central portion 50, figs. 2a, 2b, [0015], provides for axial flow) and a second portion (portion of fans with blades 38 on stabilizer ring 56, figs. 2a, 2b, [0016] provides for centrifugal flow) , wherein the first portion comprises a plurality of axial fan blades that extend at an angle relative to an axis of rotation of the fan (portion of the fan has blades 48 in a central portion 50, figs. 2a, 2b, [0015], provides for axial flow, angled relative to axis at hub 54, [0016]), and wherein the second portion comprises a plurality of radial fan blades that extend parallel to the axis of rotation of the fan (portion of fans with blades 38 on stabilizer ring 56, figs. 2a, 2b, [0016] provides for centrifugal flow, parallel outward relative to axis at hub 54, [0016]). Rakuff teaches that this arrangement has application in machines having cooling fans ([0003, 0010]) and reduces undesirable high temperatures ([0002]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have provided in Scholz, the fan arrangement of Rakuff, for the purpose of reducing high temperatures.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scholz (US Pub. 20140024298 A1) in view of Whelan (US Pub. 20090088052 A1), Elfner (US Pub. 20150038064 A1), Fukuoka (JP 2004154872 A), Mccurry (US 5632578 A), Bergquist (EP 2747949 B1), Rakuff (US Pub. 20190368502 A1) and further in view of Bian (WO 2019096223 A1).
With respect to claim 19, Scholz, as modified, teaches the limitations of claim 18 above, however does not explicitly teach wherein the total area of the at least one air outlet is greater than the total area of the plurality of openings.
Bian, in the same field of endeavor, related to cutting and power tools, teaches that one skilled in the art needs to consider the area relationship between the opening [inlet] and outlet in order to balance the ideal air intake and smooth discharge of the air ([0102]; the recitation that “usually the area of the air inlet is larger than that of the air outlet” merely a preferred embodiment). MPEP 2143 provides given a finite number of solutions to an identified problem, in this case the problem identified by Bian, above, and given the finite number of possible solutions (size of inlet/out the same, or one greater than the other) one of ordinary skill in the art would have found it obvious to try from the finite number of solutions.
As a result, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have selected an area of the air outlet is greater than an area of the opening, a selection from a finite number of identified solutions to an identified problem, and provided have Scholz, as modified, with such. One skilled in the art would have made the selection from a finite number of solutions with a reasonable expectation of success.
Claim(s) 4, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scholz (US Pub. 20140024298 A1) in view of Whelan (US Pub. 20090088052 A1), Elfner (US Pub. 20150038064 A1), Bergquist (EP 2747949 B1), and Papp (DE 102005060669 A1).
(Claim 4 is dependent on claim 20, and this rejection addresses claim 20 first)
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Ann. fig. 1 (Scholz)
With respect to claim 20, Scholz discloses: A handheld work tool comprising an interface for holding a cutting tool (round cutting tool 12, fig. 1, is interfaced with rest of tool; [0025]), an motor having a rotational axis and being arranged to drive the cutting tool (internal combustion engine describe in [0025-0026], drives a belt/fan in a rotating manner, so it has a rotational axis), a support arm (11, fig. 2; [0025]) and a belt guard (21 and 22, fig. 4; [0030]) wherein the support arm is arranged to support the circular cutting tool on a first end of the support arm (tool side end of cutting arm 11, [0030]), and to support the motor at a second end of the support arm (engine side end of cutting arm 11; [0030], which are opposite as demonstrated by how the cover elements 21 and 22 in fig. 3 are arranged), opposite to the first end (engine side end of cutting arm 11; [0030], which are opposite as demonstrated by how the cover elements 21 and 22 in fig. 3 are arranged), and wherein the belt guard and at least a part of the support arm are configured to enclose an interior space ([0030]), wherein the hand-held work tool comprises a fan, configured to generate a flow of cooling air ([0003-0004]), wherein a portion of the flow of cooling air is arranged to be guided via at least one opening through the support arm and into the interior space (air is arranged such that it enters the interior space, see arrows in fig. 2; [0010, 0012]; [0012] describes air is used to cool motor, with an opening at air duct 18; [0029]), wherein the belt guard and/or the support arm comprises at least one air outlet through which the flow of cooling air exits the interior space (outlet 23, fig. 3; [0031-0032], on the belt guard; there is also an outlet 2, fig. 2; [0029]), wherein a base of the handheld work tool engages with the horizontal surface in the resting position of the handheld work tool, wherein each engagement point of the base with the horizontal surface creates a base plane parallel with the horizontal surface (see base in ann. fig. 1, where the base can rest on a horizontal surface with a point parallel to a horizontal surface, depending on the size of the horizontal surface, consistent with the horizontal line in instant fig. 2A at 281).
Scholz does not explicitly disclose an electric motor, a battery compartment for holding a battery arranged to power the electric motor, wherein the at least one air outlet to an exterior of the hand-held work tool is located in an area of a lower portion of either the belt guard or the support arm to facilitate drainage of liquid and/or debris from the interior of the belt guard or the support arm.
Whelan, in the same field of endeavor, as related to cutting machines, teaches that an internal combustion engine [gasoline] may be used to drive a cutting machine in place of an electric motor with a rechargeable battery ([0038], battery noted to be within a compartment, inside of a pack (or shell)/compartment as described in [0026], as 13c, fig. 14; also [0038] teaches that the motor can also be powered by a cord).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted the internal combustion engine of Scholz for the electric motor and battery compartment of Whelan, as equivalent means for driving the cutting tool. A person skill in the art would have made the substitution with a reasonable expectation of success.
In the alterative, regarding the limitation: a battery compartment for holding a battery arranged to power the electric motor, Elfner, in the same field of endeavor, relating to cutting tools, teaches that an enclosed battery (in a component of a housing) is equivalent to that of a corded power tool ([0035]; see also [0038] of Whelan, noted above).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have provided a battery inside a compartment of a housing, instead in place of the battery of Whelan as incorporated into Scholz, for the purpose of providing protection to the battery by enclosing it in the compartment. Alternatively, it would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have substituted the battery of battery of Whelan as incorporated into Scholz for that enclosed by Elfner in a compartment as substitution of elements for known equivalents, with a reasonable expectation of success.
Scholz teaches that the motor is cooled by the air flow ([0012]), that that such air flow minimizes the amount of dust into the belt guard ([0016]), and that the fan is connected/arranged on a shaft of the engine ([0004]; crankshaft extends out of both sides of engine, fan arranged on one side). Therefore, a person of ordinary skill in the art, applying the teachings of providing an electric motor in Whelan would have had the electric motor drive the fan, for at least the reasons of preventing dust intrusion into the interior space [of the belt guard] and/or cooling the electric motor. Bergquist, in the same field of endeavor, related to cutting tools ([0002]), that provides evidence that air cooling to the motor enhances tool capacity ([0005], “Thanks to the efficient cooling the motor as well as the battery pack, these components may be of high capacity, even though such high-capacity components might produce a considerable amount of heat during operation of the tool”). Bergquist also provides evidence that that providing air flow using a fan “minimizes the risk of dust and other particles getting into the housing through leaking portions of the housing” ([0005]). Therefore, one of ordinary skill in the art, before the effective filing date of the claimed invention, would have understood that motors need air cooling, and would have utilized the fan of Scholz to have cooled the motor of Whelan, in addition to minimizing dust intrusion into the interior space, in light of the teachings provided by Bergquist.
As for the specific positioning of wherein the at least one air outlet to an exterior of the hand-held work tool is located in an area of a lower portion of either the belt guard or the support arm to facilitate drainage of liquid and/or debris from the interior of the belt guard or the support arm, Papp, in the same field of endeavor, related to power tools ([0001]), provides for the at least one air outlet to an exterior of the hand-held work tool is located in an area of a lower portion of either the belt guard or the support arm to facilitate drainage of liquid and/or debris from the interior of the belt guard or the support arm (air outlet 13, fig. 2, in a lower portion of a belt guard 10 with belt 32, fig. 1, relative to figure, [0025], the arrangement can allow liquid/debris to be expelled if such liquid/debris is present though the outward flow of air). Papp provides that this arrangement expels air and keeps the belt cool ([0025]).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to modified Scholz have provided, as in Papp, the placement of the air outlet, for the purpose of cooling the belt.
With respect to claim 4, Scholz as modified teaches the limitations of claim 20 above, however does not explicitly teach wherein a cooling air conduit is arranged to guide a portion of the flow of cooling air for cooling the battery.
Bergquist, in the same field of endeavor, related to cutting tools ([0002]), and reasonably penitent to the problem being solved of cooling a battery ([0003]), teaches a cooling air conduit designed to guide airflow from an interior space to the battery compartment (at corner of battery pack 12, fig. 4, where the air flow converges before entering battery pack 12; [0030,0031], the air flows from an interior space of housing 10, fig. 1B). Bergquist teaches that providing air cooling to the battery enhances tool capacity ([0005], “Thanks to the efficient cooling the motor as well as the battery pack, these components may be of high capacity, even though such high capacity components might produce a considerable amount of heat during operation of the tool” - also evidencing that motors need cooling), and that this arrangement is efficient ([0005], “Since the same fan is used for cooling the motor as the battery pack, an efficient way of cooling these components is achieved”).
It would have been obvious for one of ordinary skill in the art, before the effective filing date of the claimed invention to have further modified Scholz to have a cooling air conduit designed to guide airflow to the battery compartment, using the teachings of Bergquist, since providing cooling air for both the motor and battery is efficient and increases tool capacity.
Response to Arguments
Applicant's arguments filed 12/17/2025 have been fully considered but they are not persuasive.
With respect to the arguments directed towards claim 1 and 18 (response pages 9-11, for claim 1 and response page 12 for claim 18), the examiner notes Rakuff teaches of a fan with the claimed arrangement, with a radially inward portion of the fan having axial flow blades, angled relative to the rotation axis of the fan, for axial flow, and having centrifugal flow fan blade portions near/at the periphery of the fan, for centrifugal flow, as part of a cooling arrangement for a motor, that reduces the temperature of the motor. The examiner did not rely on the argued references for this specific teaching.
Regarding claim 20 (response page 11), the examiner introduced a new reference Papp, which shows how in a belt guard, the air exhaust can be placed in a lower portion, for the purpose of exhausting the cooling air, and cooling the belt; the arrangement would also exhaust any debris or liquid along with the exhausted cooling air, if present.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Steven Huang whose telephone number is (571)272-6750. The examiner can normally be reached Monday to Thursday 6:30 am to 2:30 pm, Friday 6:30 am to 11:00 am (Eastern Time).
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/Steven Huang/Examiner, Art Unit 3723
/MAKENA S MARKMAN/Primary Examiner, Art Unit 3723
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