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 .
DETAILED ACTION
Response to Amendment
The Amendment filed 9 January 2026 has been entered. Claims 1-15 are pending. Applicant's amendments have overcome each and every objection and rejection under 35 USC 112 previously set forth in the Final Office Action mailed 4 December 2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the specification should be amended to provide a specification antecedent basis for “a passage path” as now recited in claim 1, including indicating the passage path with a reference character and including the reference character in the drawings.
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.
Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pub. No. 2019/0262753 A1 to Miura et al.
Regarding claim 1, Miura discloses an electric working machine 1, comprising:
a main body 10;
a motor 30 housed in the main body 10 (see Fig. 4 and paragraph 20), the motor 30 being configured to operate by electric power supplied from a battery 50 (see paragraph 19);
an electric working assembly (including guide bar 21 and saw chain 22) that is provided at the main body 10 (see Figs. 1 and 4), the electric working assembly having a saw chain 22, the saw chain 22 of the electric working assembly being configured to operate due to rotation of the motor 30 (see paragraph 39); and
a battery holder 16 that is provided in the main body 10 (see Fig. 1), the battery holder 16 having a holding space (see the space defined within the battery holder 16 in Figs. 2 and 3) in which the battery 50 is configured to be inserted in an insertion direction (compare Figs. 1 and 2; the insertion direction is approximately perpendicular to a plane defined at a top, open end of the battery holder 16 relative to Fig. 2), the battery holder 16 holding the battery 50 (see Fig. 1), wherein
the electric working machine 1 has a longitudinal structure formed by the main body 10 and the electric working assembly (the machine 1 has a longitudinal structure because the main body 10, including the handle 62, and the guide bar 21 extend longitudinally in a front-rear direction relative to the directional key of Fig. 1), the electric working machine 1 is elongated along a front-rear direction (see Fig. 1), and the front-rear direction is perpendicular to a left-right direction in plan view (see the directional key in Fig. 1),
when the electric working machine 1 is placed on a base (e.g., relative to the directional key included in Fig. 1, which is an orientation of the machine 1 that is achievable by placing the machine 1 on a base):
a tip of the electric working assembly faces toward a front side along the front-rear direction (see Fig. 1 – the tip of the electric working assembly is at a front end of the guide bar 21 and chain 22); and
an end of the main body 10 faces toward a rear side along the front-rear direction (see Fig. 1, where the end of the main body 10 can be either of the end of the portion receiving the lead line for reference character ‘11’ in Fig. 1, or alternatively a rear-most end of handle 62 of the main body 10, noting that a main body can have more than one ‘end’, since each individual portion of the main body 10 may have its own respective end),
the battery holder 16 includes a first opening (the first opening being an opening facing approximately in the ‘Up’ direction relative to Fig. 2) and a second opening 82 (see Figs. 2 and 3; either of the openings 82 can be considered as the ‘second opening’), and the holding space is formed continuously from the first opening to the second opening 82 (see Fig. 2, where there is a continuous empty space from the first opening to the second opening 82; indeed, in Fig. 3, even with the battery 50 in the holding space, there is still a continuous formation of the holding space from the first opening at the gap 81 to the second opening 82),
the battery 50 has a preceding surface located on an insertion-direction-forward side (see the annotated Fig. 3 below showing three options for ‘a preceding surface’; regarding the third option, note that a preceding surface can be curved and is not limited to a planar surface, and note also that the downward facing portion of the third option of the preceding surface is joined to the oblique portions of the third option of the preceding surface by curves, such that all three portions can properly be considered as ‘a preceding surface’; note also, in regards to first and second options of the preceding surface, that the battery 50 may have more than one ‘preceding surface’, since the broadest reasonable interpretation of a ‘preceding surface’ is any surface that precedes entry of the battery into the holder relative to any other surface of the battery, such as preceding entry of the following surface) and a following surface located on an insertion-direction-rearward side (see the annotated Fig. 3 below),
the preceding surface faces forward (see Fig. 3, where the preceding surface faces ‘forward’ relative to the insertion direction; note that the claim only mentions the term ‘forward’ in the context of the insertion-direction-forward side, so it is proper to consider ‘forward’ as being defined with respect to the insertion direction consistent with lines 22-23 of the claim; line 17 of the claim introduces a different ‘front-rear direction’), and the following surface faces rearward (see Fig. 3, where the following surface faces ‘rearward’ relative to the insertion direction; note that the claim only mentions the term ‘rearward’ in the context of the insertion-direction-rearward side, so it is proper to consider ‘rearward’ as being defined with respect to the insertion direction consistent with lines 22-23 of the claim; line 17 of the claim introduces a different ‘front-rear direction’), and
while the battery 50 is held in the holding space:
the preceding surface of the battery 50 is located inward of the second opening 82 in the insertion direction (see the second annotated Fig. 3 below, where a vertical line along the plane of the page corresponds to the ‘insertion direction’, and this line, when moving upward along the plane of the page, passes through the second opening 82 prior to passing through the preceding surface; as such, when measuring along the insertion direction, the preceding surface of the battery 50 is inward of the second opening 82; the same is true for the other options of the preceding surface);
the second opening 82 is positioned at a location opposing the preceding surface of the battery 50 along the insertion direction (see the second annotated Fig. 3 below); and
a passage path extending from the first opening toward the second opening 82 is formed in the holding space (see Fig. 3, where the passage path extends from gap 81 to the second opening 82 as can be seen in Fig. 3), such that chips or dust entering the holding space through the first opening (as contemplated at paragraph 60, which acknowledges that some dust particles enter through the gap 81 defined at the first opening) are discharged through the second opening 82 (see paragraph 61).
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608
531
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980
661
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Regarding claim 2, Miura discloses that the second opening 82 is positioned lower than the first opening along the insertion direction (see Fig. 1, where the second opening 82 is lower than the first opening in view of the ‘Up’ and ‘Down’ direction in the figure; the insertion direction is nearly aligned with the ‘Up’ and ‘Down’ direction in Fig. 1).
Regarding claim 3, Miura discloses the second opening 82 is positioned outward of the preceding surface of the battery 50 along the insertion direction (see Fig. 3 – a vertical line along the plane of the page passes through the preceding surface before the second opening 82).
Regarding claim 4, Miura discloses that the second opening 82 has a shape and a size that do not allow the battery 50 to pass therethrough (see Fig. 1; the battery 50 is unable to pass through the second opening 82).
Regarding claim 5, Miura discloses that the main body 10 partially aligns with the preceding surface of the battery 50 in the plan view (see the surface labeled 16b in Fig. 3 – this surface aligns with a portion of each of the options for the preceding surface).
Regarding claim 6, Miura discloses that in the main body 10, a distance from one side surface of a front side surface, a rear side surface, a left side surface, and a right side surface of the battery 50 (e.g., a surface on a right side of the battery 50 relative to Fig. 3) held in the holding space to a first point of the battery holder 16 directly facing the one side surface is longer than a distance from the one side surface to a second point of the battery holder directly facing the corresponding side surface (see the annotated Fig. below, where both distances are measured from the right side of the battery 50 horizontally to the respective first or second point), and the first point is located closer to the second opening 82 than the second point when the battery 50 is inserted into the holding space of the battery holder (see the annotated Fig. below).
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691
818
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Regarding claim 7, Miura discloses that the electric working assembly further includes a rear handle 62 and a guide bar 21 on which [i.e., on the guide bar 21] the saw chain 22 is provided (see Fig. 1), wherein the guide bar 21 is provided on one of a right side and a left side of a center of the rear handle 62 in the left-right direction (a right side; see Figs. 1 and 4 and paragraph 38), and the second opening 82 is provided on the other of the right side and the left side of the center of the rear handle 62 in the left-right direction (see the second opening 82 on the ‘left’ side of the handle 62 in Fig. 5; note also that even the ‘third option’ for the second opening satisfies this requirement since the third option includes the second opening being provided on both right and left sides of the center).
Regarding claim 8, Miura discloses that in the main body 10, a crevice space (a space at opening 16a as shown in Fig. 3) is formed on a side of the first opening (see Fig. 1) where a distance between a rear side surface of the battery 50 (the ‘rear side surface’ of the battery being a side surface of the battery 50 adjacent the rear end of the battery along the insertion direction – i.e., the rear side surface faces the crevice space relative to Fig. 3) and an inner surface of the main body facing the rear side surface of the battery is equal to or greater than a first distance (see Fig. 3, this claim limitation is satisfied because no requirements are made of the first distance; the first distance can be any arbitrary distance, inclusive of a distance that is less than the distance between the rear side surface of the battery 50 and the surface of the main body facing the side surface within the battery holder).
Regarding claim 9, Miura discloses that the main body 10 is configured to provide a non-slip property on the inner surface forming the crevice space (see the annotated Fig. 3 below; the horizontal projection within the circled area provides a ‘non-slip property’ because the horizontal projection provides an upward facing surface against which a user’s finger or thumb can press, which surface reduces the likelihood of the user’s finger of thumb slipping further downward).
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815
918
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Regarding claim 10, Miura discloses the holding space is formed from the first opening to the second opening 82 in such a manner that a distance between a rear side surface of the battery 50 held in the holding space and an inner surface facing the rear side surface of the battery is equal to or greater than a second distance (see Fig. 3 – the rear side surface of the battery is a side surface of the battery adjacent the rear end of the battery along the insertion direction, and this side surface faces an inner surface of the battery holder of the main body; this claim limitation is satisfied because no requirements are made of the second distance, such that the second distance can be any arbitrary distance, inclusive of a distance that is less than the distance between the rear side surface of the battery 50 and the inner surface of the main body).
Regarding claim 11, Miura discloses that the main body 10 includes a first guide configured to guide a front side surface of the battery 50 (the front side surface of the battery labeled in the annotated Fig. below as a ‘first side surface’) and a second guide configured to guide a rear side surface of the battery 50 (the rear side surface of the battery labeled in the annotated Fig. below as a ‘second side surface’) during insertion of the battery 50 into the holding space of the battery holder 16 (see the annotated Fig. 2 below – each of the indicated guides is a ‘guide’ because the first or second side of the battery 50 can be slid along either of these guides during insertion of the battery 50; this interpretation of a surface being a ‘guide’ is consistent with the present specification, where surfaces without any particular structural features are considered ‘guides’; note that also consistent with the present disclosure, both of the first and second guides need not necessary be capable of simultaneously guiding the battery).
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605
1001
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Regarding claim 12, Miura discloses that the main body 10 includes a third opening 82 (i.e., there are two openings 82; one of these openings is the ‘second opening’ introduced in claim 1, and the other of these two openings 82 is the ‘third opening’ of claim 12) through which one of the left side surface and the right side surface of the battery 50 is exposed to an outside (see Fig. 1).
Regarding claim 13, Miura discloses that the battery 50 is configured to be moved in a direction opposite to the insertion direction by applying a force to the preceding surface of the battery 50 through the second opening 50 along a direction opposite to the insertion direction (see Fig. 3 and paragraph 62).
Regarding claim 14, Miura discloses that the passage path is also configured as an air passage through which air passes from the first opening toward the second opening 82 (see Fig. 3, where there are two arrows adjacent gaps 81 indicating air passes from the first opening in a downward direction, where the downward direction is ‘toward the second opening’), thereby suppressing heat accumulation of the battery 50 held in the holding space (see paragraph 43, describing a ‘cooling’ ability; cooling takes place so long as the ambient air introduced into the holding space is cooler than the battery 50, such as if the machine is used in a cold outdoor environment).
Regarding claim 15, Miura discloses that the main body 10 includes an air intake port 82 (the air intake port 82 being the other one of openings 82 besides the second opening 82; note that there are two openings 82, such that one of the openings 82 is the second opening and the other is the air intake port) configured to introduce cooling air into the main body 10 (see Fig. 3 and paragraphs 43 and 60); the air intake port is different from each of the first opening and the second opening (see Fig. 3, where there are three different openings; e.g., the air intake port is different from the second opening due to being on an opposing side of a centerline of the machine).
Response to Arguments
Applicant's arguments filed 9 January 2026 have been fully considered but they are not persuasive. First, Applicant’s arguments against the previously applied Osawa reference are moot in view of the rejections above, which rely on the Miura reference. Applicant, in regards to Miura, argues that “the inclined surface is a surface inclined with respect to the alleged insertion direction. As such, the inclined surface is different from the preceding surface that faces forward in the insertion direction of claim 1.” This argument is not persuasive for multiple reasons. First, in order to “face forward”, only some component of the direction in which a surface faces must be forward. The entirety of the surface need not be oriented to face only and exactly in the forward direction. Indeed, Applicant’s specification, at paragraph 22 of the US Publication 2023/0226715 A1 version, states that a direction can have multiple components, so the interpretation relied upon above is consistent with Applicant’s specification. Second, the Applicant’s argument fails to address the third option for the preceding surface set forth in the annotated Fig. above.
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 EVAN H MACFARLANE whose telephone number is (303)297-4242. The examiner can normally be reached Monday-Friday, 7:30AM to 4:00PM MT.
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/EVAN H MACFARLANE/Examiner, Art Unit 3724