DETAILED ACTION
POWER TOOL
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
The amendments filed 08-12-2025 has been entered. Claims 1 are currently pending and have been examined. Claims 10-12, 14, 18 have been cancelled. Applicant’s amendments overcome the drawing objection, specification objection,112 rejections previously set forth in the Non-Final Office action mailed 05-05-2025. The previous rejection has been updated due to applicant’s amendments.
Response to Arguments
Applicant’s arguments see pages filed 8-12-2025, with respect to the
rejection(s) of claim(s) 1 and their dependent claims under 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 to teach the new amendments.
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) 1,7,9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gass (US20030196824A1) in view of Hatakeyama (JP2016007680A).
Regarding claim 1, Gass teaches
an electric motor (20, figures 1-5),including a motor shaft (650,656, figures 28-30);
a housing (14, figures 1-4)accommodating the electric motor, the housing including a plate-shaped base (para 0058) having a plurality of inlets (18, figures 1-4) to draw outside air, the plurality of inlets arranged in a first plane (figure 1);
a spindle (28, figures 1-4,) coaxial with the motor shaft, the spindle having a distal end portion protruding from an end of the housing to receive the disk tool, the spindle being rotatable by the electric motor (para 0042,0059);
and a grip (16, figures 1 and 4) extending from the housing in a direction perpendicular to the motor shaft, the grip being located between the distal end portion and the base inlet in a direction in which the motor shaft extends (figures 1 and 4).
Gass fails to teach a dust cover extending in a second plane that is parallel to the first plane, the dust cover including a filter covering all of the plurality of the inlets, the dust cover being attachable to and detachable from the housing.
Hatakeyama teaches an electric tool (abstract) that includes a plurality of inlets (3e, figures 1-4) in a first plane , and a dust cover (30, figure 7) extending in a second plane that is parallel to the first plane, the dust cover including a filter (31, figures 1-7) covering all of the plurality of the inlets, the dust cover being attachable to and detachable from the housing; wherein the dust cover includes a first rail (33a, figure 7) and a second rail (33a, figure 7), the first rail and second rail ,and the dust cover is slidable in a planar direction of the dust cover along the first rail and the second rail to be attached to or detached from the housing in a sliding direction (Hatakeyama discloses “When the filter member 30 is attached, the rail portion 33a of the filter member 30 is passed from behind to the filter guide portion 3a of the housing 3 from which the battery 7 is removed, and the filter member 30 is in contact with the front end portion of the filter guide portion 3a. Slide forward (mounting direction). At this time, the rail portion 33a is slightly elastically deformed to come into contact with the filter guide portion 3a and slide while generating a frictional force”); wherein the housing includes a first rail receiver and a second rail receiver holding the first rail and
the second rail in a slidable manner,
the first rail and the second rail are ridges and the first rail receiver and the second rail receiver are recesses to hold the ridges in a slidable manner (Hatakeyama discloses “Rail portions 33 a are provided at both end portions of the base portion 33. As shown in FIGS. 3, 4, and 6, filter guide portions (rail receiving portions) 3 a are respectively provided at rear portions of the left and right side surfaces of the housing 3 so as to sandwich the air inlet 3 e; the filter member 30 can be attached to the housing 3 simply by sliding along the filter guide portion 3 a of the housing”)
It would have been obvious to one of ordinary skill in the art before effective filing date of the claimed invention to have modified Gass to include a dust cover that extends in a second plane that parallel to first plane where the inlets are arranged, has a filter, first rail and second rail, and a housing that includes first and second rail receivers based on the teachings of Hatakeyama. This modification would provide a dust protection cover that can be easily detach and reattach. (abstract; see Hatakeyama discloses “ The filter main body 31 has a net-like structure made of steel, but can be changed as long as it has a function of removing dust and dust from the air, such as a sponge, and purifying the air. By adopting such a configuration, for example, an optimal filter can be selected in accordance with the work situation.”)
Regarding claim 7, modified Gass teaches
wherein the power tool is a portable machining apparatus (see Gass abstract), and the portable machining apparatus further comprises a forward-reverse switch (see Gass 34; para 0043) configured to switch a rotation direction of the electric motor. Regarding claim 9, modified Gass teachesa battery mount (see Gass 60, para 0046) to which a battery pack (see Gass 54, para 0046) for supplying power to the electric motor is attachable, the battery mount being at an end of the grip. (see Gass figure 1 and 4)
Claim(s) 2-6,8,13,15-17,19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gass (US6536536B1) in view of Hatakeyama (JP2016007680A) further in view of Esenwein (US20200276694A1).
Regarding claim 2, modified Gass teaches
wherein the dust cover includes a first rail (33a, figure 7) and a second rail (33a, figure 7), the first rail and second rail ,and the dust cover is slidable in a planar direction of the dust cover along the first rail and the second rail to be attached to or detached from the housing in a sliding direction (Hatakeyama discloses “When the filter member 30 is attached, the rail portion 33a of the filter member 30 is passed from behind to the filter guide portion 3a of the housing 3 from which the battery 7 is removed, and the filter member 30 is in contact with the front end portion of the filter guide portion 3a. Slide forward (mounting direction). At this time, the rail portion 33a is slightly elastically deformed to come into contact with the filter guide portion 3a and slide while generating a frictional force”)includes an undercut thickness , but fails to teach that the undercut thickness gradually increases toward a distal end of the first rail and second rail.
Esenwein teaches a handheld power tool (abstract) that includes a housing (12, figure 6) that has rail receivers (19 and 20, figures 1- 12a) a dust cover (100, figures 1- 12a) being a plate being a plate including a filter (106, figures 1- 12a) the dust cover being attachable to and detachable from the housing (abstract) that has wide range of designs for the first rail receiver and second rail receiver and a first rail (120, and 122, figures 1-12a) and the second rail ( 120, and 122, figures 1-12a) and dust cover (see Esenwein 100d, figure 6) includes a first side wall and a second side wall (see Esenwein , figure 6) facing (see Esenwein 18d, figure 6 and see Shoji 156, figure 10) and the first rail (see Esenwein 120d, and 122d, figure 6) protrudes from the first side wall toward the second side wall, and the second rail (see Esenwein 120d, and 122d, figure 6 ) protrudes from the second side wall toward the first side wall (see Esenwein, figure 6).
Because Esenwein’s discloses it is known to make adjustments to the dust cover. It would have been obvious matter of design choice to one of ordinary skill in the art to have further modify Gass to have a rail undercut thickness that gradually increases toward a distal end of the first rail and second rail and include rails protrudes since it has been held a change in shape of an element involves only routine skill in the art (see MPEP 2144.04). Further, no criticality for claimed recitation is apparent in applicant’s disclosure.
Regarding claim 3, modified Gass teaches the dust cover (see Esenwein 100d, figure 6) includes a first side wall and a second side wall (see Esenwein , figure 6) facing each other (see Esenwein 18d, figure 6 and see Shoji 156, figure 10) and
the first rail (see Esenwein 120d, and 122d, figure 6) protrudes from the first side wall toward the second side wall, and the second rail (see Esenwein 120d, and 122d, figure 6 ) protrudes from the second side wall toward the first side wall (see Esenwein, figure 6).
Regarding claim 4, modified Gass teaches
wherein the housing includes a first rail receiver and a second rail receiver being recesses to receive the first rail and the second rail in a slidable manner (see Hatakeyama discloses “Rail portions 33 a are provided at both end portions of the base portion 33. As shown in FIGS. 3, 4, and 6, filter guide portions (rail receiving portions) 3 a are respectively provided at rear portions of the left and right side surfaces of the housing 3 so as to sandwich the air inlet 3 e; the filter member 30 can be attached to the housing 3 simply by sliding along the filter guide portion 3 a of the housing”)
a deformable protrusion (see Esenwein, 122d, figure 6) protruding in a thickness direction, and
the deformable protrusion (see Esenwein, 122d, figure 6) has a height to deform elastically (see Esenwein, para 0017,0051) in response to the first rail being received in the first rail receiver and the second rail being received in the second rail receiver ,but fails to teach first rail and the second rail and extending in a direction perpendicular to the sliding direction, and
Because Esenwein’s discloses it is known to make adjustments to the dust cover. It would have been obvious matter of design choice to one of ordinary skill in the art to have further modify Gass to have first rail and the second rail and extending in a direction perpendicular to the sliding direction, and since it has been held a change in shape of an element involves only routine skill in the art (see MPEP 2144.04). Further, no criticality for claimed recitation is apparent in applicant’s disclosure.
Regarding claim 5, modified Gass teaches
wherein each of the first rail and the second rail (see Esenwein, 120d
and 122d, figure 6) has two surfaces that each include the deformable protrusions. (see Esenwein, para 0016 and 0051).
Regarding claim 6, modified Gass teaches
wherein the housing includes a first rail receiver and a second rail receiver holding the first rail and
the second rail in a slidable manner,
the first rail and the second rail are ridges and the first rail receiver and the second rail receiver are recesses to hold the ridges in a slidable manner (see Esenwein 120d 122d, figure 6 and see Hatakeyama discloses “Rail portions 33 a are provided at both end portions of the base portion 33. As shown in FIGS. 3, 4, and 6, filter guide portions (rail receiving portions) 3 a are respectively provided at rear portions of the left and right side surfaces of the housing 3 so as to sandwich the air inlet 3 e; the filter member 30 can be attached to the housing 3 simply by sliding along the filter guide portion 3 a of the housing”), but fails to teach each of the ridges has a thickness increasing at a deeper position of a corresponding recess of the recesses, and each of the recesses has a width increasing at the deeper position.
Because Esenwein’s discloses it is known to make adjustments to the dust cover. It would have been obvious matter of design choice to one of ordinary skill in the art to have the dust cover have each of the ridges has a thickness increasing at a deeper position of a corresponding recess of the recesses, and each of the recesses has a width increasing at the deeper position, since it has been held a change in shape of an element involves only routine skill in the art (see MPEP 2144.04). Further, no criticality for claimed recitation is apparent in applicant’s disclosure.
Regarding claim 8, modified Gass teaches wherein the first rail and the second rail extend to allow the dust cover to slide in a direction away from the disk tool for detachment. (see Hatakeyama discloses “Rail portions 33 a are provided at both end portions of the base portion 33. As shown in FIGS. 3, 4, and 6, filter guide portions (rail receiving portions) 3 a are respectively provided at rear portions of the left and right side surfaces of the housing 3 so as to sandwich the air inlet 3 e; the filter member 30 can be attached to the housing 3 simply by sliding along the filter guide portion 3 a of the housing”; see Esenwein 120d, and 122d, figure 6 and see Esenwein para 0016,0051).
Regarding claim 13, modified Gass teaches wherein the power tool is a portable machining apparatus (see Gass abstract), and the portable machining apparatus further comprises a forward-reverse switch see Gass 34; para 0043)configured to switch a rotation direction of the electric motor.
Regarding claim 15, modified Gass teaches
wherein the power tool is a portable machining apparatus (see Gass abstract), and the portable machining apparatus further comprises a forward-reverse switch see Gass 34; para 0043)configured to switch a rotation direction of the electric motor.
Regarding claim 16, modified Gass teaches
wherein the power tool is a portable machining apparatus(see Gass abstract), and the portable machining apparatus further comprises a forward-reverse switch (see Gass 34; para 0043) configured to switch a rotation direction of the electric motor.
Regarding claim 17, modified Gass teaches
wherein the first rail and the second rail extend to allow the dust cover to slide in a direction away from the disk tool for detachment. (see Hatakeyama discloses “Rail portions 33 a are provided at both end portions of the base portion 33. As shown in FIGS. 3, 4, and 6, filter guide portions (rail receiving portions) 3 a are respectively provided at rear portions of the left and right side surfaces of the housing 3 so as to sandwich the air inlet 3 e; the filter member 30 can be attached to the housing 3 simply by sliding along the filter guide portion 3 a of the housing”; see Esenwein 120d, and 122d, figure 6 and see Esenwein para 0016,0051)
Regarding claim 19, modified Gass teaches
wherein the first rail and the second rail extend to allow the dust cover to slide in a direction away from the disk tool for detachment. (see Hatakeyama discloses “Rail portions 33 a are provided at both end portions of the base portion 33. As shown in FIGS. 3, 4, and 6, filter guide portions (rail receiving portions) 3 a are respectively provided at rear portions of the left and right side surfaces of the housing 3 so as to sandwich the air inlet 3 e; the filter member 30 can be attached to the housing 3 simply by sliding along the filter guide portion 3 a of the housing”; see Esenwein 120d, and 122d, figure 6 and see Esenwein para 0016,0051)
Regarding claim 20, modified Gass teaches
wherein the first rail and the second rail extend to allow the dust cover to slide in a direction away from the disk tool for detachment. (see Hatakeyama discloses “Rail portions 33 a are provided at both end portions of the base portion 33. As shown in FIGS. 3, 4, and 6, filter guide portions (rail receiving portions) 3 a are respectively provided at rear portions of the left and right side surfaces of the housing 3 so as to sandwich the air inlet 3 e; the filter member 30 can be attached to the housing 3 simply by sliding along the filter guide portion 3 a of the housing”; see Esenwein 120d, and 122d, figure 6 and see Esenwein para 0016,0051)
Conclusion
THIS ACTION IS MADE FINAL. 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 SARAH AKYAA FORDJOUR whose telephone number is (571)272-0390. The examiner can normally be reached Monday - Thursday 9:30am - 5:30pm and Friday 6:00am-3:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at 571-272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH AKYAA FORDJOUR/ Examiner, Art Unit 3723
/MONICA S CARTER/ Supervisory Patent Examiner, Art Unit 3723
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