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: Typos.
In claim 1 it reads "...when the electric motor rotating, the airflow generating member forming a...", should read "...when the electric motor rotates, the airflow generating member forms a...".
Appropriate correction is required.
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.
(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 and 7 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Chen (US 20110136419 A1).
Regarding claim1, Chen teaches an electric tool grinding machine, comprising:
a grip body, formed with at least one air intake hole (grip body defined as including the upper and middle circumferential housing sections (111), in Chen annotated FIG. 1, provided below; middle circumferential housing section (111) in communication with air inlets 12);
an electric motor, disposed in the grip body (motor, rotor, stator or the like, disclosed in Chen [0015]; rotationally drives spindle 20 in the grip body);
an eccentric block, connected to the electric motor and rotating with the electric motor (eccentric block identified as balance weight set 21, disclosed in Chen [0015] and annotated FIG. 4(A), provided below; coupled to the spindle 20 in the grip body taught to be driven to rotate by electric motor);
a grinding disc, assembled with the eccentric block (action member 40 is taught to be a grinding disk, disclosed in Chen [0016] and annotated FIG. 4(A); grinding disc 40 is coupled to the eccentric block 21);
an airflow generating member, attached on the eccentric block (airflow generating member identified as flow guiding element 30, a fan, disclosed in Chen [0015] and annotated FIG. 4(A); located on the eccentric block 21), and when the electric motor rotating, the airflow generating member forming a heat dissipation airflow in the grip body (airflow generating member 30 sucks external air through the air intake holes 12, into the air intake section 111 of the grip body, to disperse heat, disclosed in Chen [0016]); and
a grinding disc cover, assembled with the grip body (defined in Chen annotated FIG. 4(A), provided below; circumferential housing shown as greyed out cross section defining discharge section 112 (FIG. 2), including two, upper and lower, formed openings), and covering the airflow generating member therein (grinding disc cover covering airflow generating member 30, in Chen annotated FIG. 4(A)), the grinding disc cover comprising
a cover body (defined as the circumferential housing that is greyed out cross section, in Chen annotated FIG. 4(A)).
an assembly port formed at an end of the cover body and assembled with the grip body (assembly port defined as grinding disc cover upper opening formed at upper end of cover body, in Chen annotated FIG. 4(A) and annotated FIG. 2, provided below), and
a release port formed at another end of the cover body and facing the grinding disc (defined as grinding disc cover inner volume, inner and lower wall portions and the lower opening formed at lower end of cover body, facing grinding disc 40, in Chen annotated FIGs. 4(A) and 2),
the cover body being devoid of a vent hole other than the assembly port and the release port (cover body, with vent holes as described, in Chen annotated FIGs. 4(A) and 2),
the release port being the only exhaust part of the grinding disc cover, when the release port being viewed from a direction of the assembly port toward the release port (release port, as described, being only exhaust part of grinding disc cover, in Chen annotated FIG. 4(A); view direction from the assembly port toward the release port),
an inner wall of the release port sequentially comprising
a flow guiding section (defined by an inner upper section of the release port, in Chen annotated FIG. 2 and annotated FIG. 4(B), provided below),
an arcuate diversion section (defined by inner curved section of circumferential housing of the release port, in Chen annotated FIGs. 2 and 4(B)), and
an air outlet section with a slope different from a slope of the flow guiding section (air outlet section, with different slope as described, defined in Chen annotated FIG 4(B)), and
the arcuate diversion section diverting an airflow direction of the heat dissipation airflow
discharging between the grinding disc cover and the grinding disc to be parallel to the grinding disc (diverted heat dissipating airflow, as described, discharging between grinding disc cover and grinding disc, parallel grinding disc, in Chen annotated FIG. 4(B)).
Regarding both, the grinding disc cover (GDC) and the assembly port (AP), being "assembled with the grip body" (GB), in accordance to MPEP 2113, the method of forming the device is not germane to the issue of patentability of the device itself. Therefore, this limitation has not been given patentable weight. Please note that even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product, i.e GDC and AP, does not depend on its method of production, i.e. being assembled with the GB.
Chen discloses the GDC being connected, i.e. 'assembled', to the housing to accomplish the claimed function and equivalents thereof, as best understood by Examiner.
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Regarding claim 7, Chen teaches a grinding disc cover of an electric tool grinding machine comprising:
a cover body (defined as the circumferential housing that is greyed out cross section, in Chen annotated FIG. 4(A), provided above);
an assembly port, formed at an end of the cover body (assembly port defined as grinding disc cover upper opening formed at upper end of cover body, in Chen annotated FIG. 4(A), and annotated FIG. 2 above); and
a release port, formed at another end of the cover body and coaxially disposed with the assembly port, (defined as grinding disc cover inner volume, inner and lower wall portions and the lower opening formed at lower end of cover body, coaxial with assembly port, in Chen annotated FIGs. 4(A) and 2 above),
a diameter of the release port being greater than
a diameter of the assembly port, when the release port being viewed from a direction of the assembly port toward the release port (release port and assembly port diameters, as described, in Chen annotated FIG. 4(C), provided below; view direction as described),
an inner wall of the release port sequentially comprising
a flow guiding section (defined by an inner upper section of the release port, in Chen annotated FIG. 2, and FIG. 4(B) above),
an arcuate diversion section (defined by inner curved section of circumferential housing of the release port, in Chen annotated FIGs. 2 and 4(B) above), and
an air outlet section with a slope different from a slope of the flow guiding section (air outlet section, with different slope as described, defined in Chen annotated FIG 4(B) above);
wherein the cover body is devoid of a vent hole other than the assembly port and the release port (cover body, with vent holes as described, in Chen annotated FIGs. 4(A) and 2 above).
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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.
Claims 2-4, are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20110136419 A1).
Regarding claim 2, Chen, as modified, discloses the limitations of claim 1, as described above, and further discloses wherein the airflow generating member comprises
a baseplate (identified as coupling portion 33, disclosed in Chen [0015] and annotated FIG. 4(D), provided below) and
a plurality of fan blades, separately provided on the baseplate (identified as 1st and 2nd blade portions 31 and 32, as described, on baseplate 33, disclosed in Chen [0015] and annotated FIG. 4(D)).
However, Chen, as modified, does not explicitly disclose
a distance defined between a top edge of each of the plurality of fan blades and the grip body is greater than 50% of a longitudinal length of each of the plurality of fan blades, and
a distance defined between an outer edge of each of the plurality of fan blades and the grinding disc cover is greater than 50% of a radial length of each of the plurality of fan blades, and has not indicated that the drawings are to scale.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to select or configure each of these distances, as defined, to best suit the heat dissipating airflow including approximately being greater than 50% of each respective longitudinal and radial lengths, to accomplish the claimed grip body heat dissipating airflow function, and equivalents thereof, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05 (II-A)
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Regarding claim 3, Chen, as modified, discloses the limitation of claim 2, as described above, and further discloses, wherein
a horizontal level of the release port is equal to or lower than
a horizontal level of the baseplate inside the grinding disc cover (a horizontal level of the release port lower than a horizontal level of the baseplate, in Chen annotated FIG. 4(D) above).
Regarding claim 4, Chen, as modified, discloses the limitation of claim 2, as described above However, Chen does not explicitly disclose wherein
a distance defined between the release port and each of the plurality of fan blades is greater than
a radial length of each of the plurality of fan blades.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to select or configure this distances, as defined, to best suit the heat dissipating airflow including being greater than the radial length, to accomplish the claimed grip body heat dissipating airflow function, and equivalents thereof, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. MPEP 2144.05 (II-A)
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20110136419 A1), as applied to claim 7 above, and further in view of ZHENG (WO 2021088552 A1).
Regarding claim 9, Chen discloses the limitations of claim 7, as described above.
However, Chen does not explicitly disclose wherein the cover body comprises an engaging ring formed around the assembly port. ZENG is also concerned with a grinding disc tool, and teaches providing a cover body comprising an engaging ring (snap ring 2413 provided on detachable shroud body 241, disclosed in ZENG [0063]; 2413 defining a continuous concave-convex structure in that is continuously concave viewed from inside and continuously convex viewed from outside). It would have been obvious to one having ordinary skill in the art at the time the invention was made to configure the grinding disc cover of Chen to be detachable by means of an engaging ring, as taught by ZENG, to provide a known structural means for attaching and removing the grinding disc cover, in the device of Chen, to be replace when damaged or for other needs.
Allowable Subject Matter
Claims 5, 6, and 8 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 claims 5 and 8, the closest art of record, Chen and ZENG, disclose the limitations of claims 1, 2, 4 and 7, as described above, but neither Chen nor ZENG, alone or in combination, teach, suggest, or make obvious; an inclined surface between the assembly port and the release port, connected with the flow guiding section of the release port, and a slope of the flow guiding section is same as a slope of the inclined surface, in combination with the additional elements of the claims.
Claim 6 would be allowable as being dependent from an allowable claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAVIER F. MENDEZ-BADIA whose telephone number is (571)272-2242. The examiner can normally be reached M-Th/F 7:30-4:30 (CT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at (571) 272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Javier F. Mendez-Badia/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
