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 1-3,8,10-19 and 21 are pending. Claims 1, 12, 13, 17 are currently amended.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a dust shroud inlet, and a dust shroud outlet: and an outlet port in fluid communication with a dust collector, the outlet port having an outlet port inlet and an outlet port outlet” and “wherein the dust shroud outlet is adjacent the outlet port inlet”, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. While the above elements may be implicitly present, the exact boundaries between the dust shroud outlet, and the outlet port, along with the locations pf the dust shroud inlet, and an outlet port inlet and an outlet port outlet should be shown or identified in the figures to provide for a better understanding of the exact geometry of each of the claimed elements and in the instant application it appears that the both the dust shroud and the outlet port are of a unitary construction with no defined boundary between the dust shroud and the outlet port.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
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, 8, 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanimoto (JP 2010269409 A) in view of Segiel (US 20030224707 A1) and Guidry (US 3974598 A) and as evidenced by Engineering Toolbox (NPL doc U).
With respect to claim 1, A power tool used to perform a coping cut (disk grinder 1, fig. 1, [0045], this can be used for a coping cut, preamble not limiting as intended use see MPEP 2111.02), the power tool comprising:
a main housing (housing 2, fig. 1, [0045]);
a motor disposed within the main housing (brushless motor 6, fig. 2; [0047]);
a drive shaft driven by the motor about a rotational axis (drive shaft 17, fig. 2, [0047,0049]);
a handle extending from the main housing (tail cover 4, fig. 1, is structurally a handle; [0045], as evidenced by how tail cover 104, fig. 10 can be held as in [0004] - see also the attached definition of handle which means “the part by which a thing is held, carried, or controlled”); and
an abrasive disc coupled to and driven by the drive shaft about the rotational axis (abrasive disk 10, fig. 1 [0045-0046]), the abrasive disc having an outer diameter of at least 3 inches (diameter of 100mm in [0046]; 100mm = 3.93 in),
wherein the motor is an outer rotor brushless direct current motor capable of rotating at 4,000 surface feet per minute (the disk rotates at 4300 rpm in [0046], and given an outer circumference of (pi* 3.93in = 12.34 in = 1.02ft) at 4300 rpm, there would be a rotation of (4300 rpm * 1.02 ft = 4386 ft/min at the outer circumference) at 1.5 inch-pounds of torque (max power output of 1400 W as in [0063], as per Engineering Toolbox, page 1, the moment/torque of the motor is T = 30*P/(pi*n_rpm); thus the torque would be (30*1400)/(pi*4300) = 3.11 Nm = 27.52 lb-in), however does not explicitly disclose a dust shroud pivotably coupled to the main housing by a pivot joint defining a pivot axis, the dust shroud is movable away from the abrasive disc about the pivot axis, and a fan directly coupled to the abrasive disc and configured to induce an airflow in the dust shroud, an outlet port in fluid communication with a dust collector, wherein the airflow induced by the fan flows into the dust shroud, around the abrasive disc, and through the outlet port.
Segiel, in the same field of endeavor, related to power tools (including grinding tools as in [0002]) teaches of a dust shroud (15, fig. 4; [0031]) pivotably coupled to the main housing by a pivot joint defining a pivot axis (coupled at a pivot joint at 19, fig. 4; relative to a main housing 30 at figs. 6 and 9; [0039], it is noted that a drive shaft 52 extends from the housing in fig. 6), the dust shroud is movable away from the abrasive disc about the pivot axis (figs. 7-8 show how the dust shroud 15 pivots relative to [grinding] disk blade 38, [0039]; the tool of Tanimoto is a grinder as noted in [0045] of Tanimoto). Segiel teaches that this arrangement provides for a cover that enables use in cutting wall corners ([0017]), while providing good visibility while collecting dust ([0011-0012]).
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 Tanimoto with the dust shroud arrangement of Segiel, for the purpose of allowing cutting of wall corners, while providing good visibility while collecting dust.
Guidry, in the same field of endeavor, relating to abrading, teaches of a fan directly coupled to the abrasive disc and configured to induce an airflow in the dust shroud (fan 31, figs. 1 and 4; col 3 lines 15-25, the fan can induce airflow and the flow of particles into a dust shroud as evidenced by how receptacle arrangement 46 and 47 fig. 4 captures the expelled debris as explained in col 4 lines 25-46; examiner notes that this fan arrangement is consistent with instant fig 23 with fan 632) Guidry teaches that this arrangement reduces air pollution (col 2 lines 25-35.
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 Tanimoto with the fan of Guidry for the purpose of reducing air pollution. This arrangement would have resulted in wherein the airflow induced by the fan flows into the dust shroud, around the abrasive disc (Guidry, fan 31, figs. 1 and 4; col 3 lines 15-25, the fan can induce airflow and the flow of particles into a dust shroud as evidenced by how receptacle arrangement 46 and 47 fig. 4 captures the expelled debris as explained in col 4 lines 25-46, which is caused by fan blades positioned around the top of the abrasive disk)
As for an outlet port in fluid communication with a dust collector, wherein the airflow induced by the fan flows into the dust shroud, around the abrasive disc, and through the outlet port, as previously addressed, the arrangement of using Guidry would have resulted in wherein the airflow induced by the fan flows into the dust shroud, around the abrasive disc.
Segiel further teaches of directing debris to an outlet port that is in fluid communication with a dust collector (22, fig .7 connects to a vacuum source [dust collector] as described in [0033]). Segiel teaches that this arrangement provides for efficient dust removal ([0008]).
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 Tanimoto with the outlet port that is in fluid communication with a dust collector, as taught by Segiel, for the purpose of efficient dust removal. This modification would have resulted in wherein the airflow induced by the fan flows into the dust shroud, around the abrasive disc, and through the outlet port, for removal of dust from the dust shroud.
With respect to claim 8, Tanimoto as modified teaches the limitations of claim 1 above, and further teaches: wherein the dust shroud is disposed at least partially around the abrasive disc (Segiel, figs. 7-8 show how the dust shoring 15 is placed relative to [grinding] disk blade 38, [0039]).
With respect to claim 10, Tanimoto as modified teaches the limitations of claim 8 above, and further teaches: wherein the dust shroud includes a cut zone opening where the abrasive disc is exposed, allowing a workpiece to pass through and engage the abrasive disc (Segiel, figs. 7-8 show how the dust shroud 15 is pivots relative to [grinding] disk blade 38, [0039] to provide for a cut zone; Segiel, [0017] also describes this motion).
With respect to claim 11, Tanimoto as modified teaches the limitations of claim 10 above, and further teaches: wherein the dust shroud includes a movable segment operable to vary a size and/or shape of the cut zone opening (Segiel, figs. 7-8 show how the dust shroud 15 itself (the movable segment or portion of the dust shroud) pivots relative to [grinding] disk blade 38, [0039] to provide for a cut zone [which varies in size depending on how far it is pivoted consistent with instant figs. 25-26; Segiel, [0017] also describes this motion).
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanimoto (JP 2010269409 A) in view of Segiel (US 20030224707 A1) and Guidry (US 3974598 A) and further in view of Schadow (US 20170106520 A1).
With respect to claim 2, Tanimoto discloses the limitations of claim 1 above, and further discloses: a battery (Tanimoto, [0067] - configured to supply power to the motor), however does not explicitly disclose a battery that is removably coupled to the handle and configured to provide power to the motor.
Schadow, in the same field of endeavor, related to power tools ([0034,0078]), teaches of providing a battery as part of a grinding tool (battery 14, fig. 2, [0079]), the battery is removably coupled to the handle (directly or indirectly through the assembly of the tool, battery is push in as in [0083], so it is either reversibly, or irreversibly removable, see [0018]) and configured to provide power to the motor (the battery supplies the tool with electricity, so it can power the motor as in [0007]). Schadow teaches that this provides the tool with flexibility ([0007,0018]).
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 Tanimoto with the battery arrangement taught by Schadow for the purpose of increasing flexibly.
With respect to claim 3, Tanimoto, as modified, teaches the limitations of claim 1 above, however does not explicitly teach a tool chuck on the drive shaft that receives the abrasive disc, such that the drive shaft provides a direct drive from the motor to the abrasive disc.
Schadow, in the same field of endeavor, related to power tools ([0034,0078]), teaches a tool chuck on the drive shaft that receives the abrasive disc (collet 24c, fig. 11a, [0132], that receives a grinding tool) such that the drive shaft provides a direct drive from the motor to the abrasive disc (the drive is by motor electronically commuted [brushless] motor 12c, fig. 11a, which is direct drive as in [0010] without gears, which minimizes wear with high torque). Schadow teaches this arrangement minimizes wear while providing high torque in a compact arrangement by omitting gears ([0010]).
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 Tanimoto with the direct drive shaft of Schadow for the purpose of minimizing wear while providing high torque, and saving space by omitting gears.
Claim(s) 12, 13, 14, 15, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuele (US 20140235145 A1) in view of Yang (CN 104369109 A), Schadow (US 20170106520 A1), Guidry (US 3974598 A) and Tagscherer (US 20140342645 A1)
With respect to claim 12, Schuele discloses: A coping tool (angle grinder in [0021], this can be used for a coping cut, preamble not limiting as intended use see MPEP 2111.02) comprising: a main housing (24, fig. 2; [0021]) a motor disposed within the main housing that rotates (motor as drive unit 10, fig. 2, [0024], is a EC motor, the drive unit causes rotation motion through shaft 46); a handle extending from the main housing (handle 42, fig. 1; [0023]) ; an abrasive disc coupled to and driven by the motor about a rotational axis (abrasive disk 38, fig. 1; [0022], driven through motor through receiver 36, fig. 2; [0024]); and a dust shroud coupled to the main housing and disposed at least partially around the abrasive disc (40, fig. 1; [0022]), the dust shroud including a channel extending along the dust shroud adjacent the abrasive disc (see gap between dust shroud 40 and the disk 38 in fig. 1), and a cut zone opening through which a workpiece may pass to engage the abrasive disc (dust shroud 40 is open in front), a dust shroud inlet (dust shroud 40 is open on the bottom as in fig. 1) however does not explicitly disclose, wherein the motor rotates around the same axis (“motor disposed within the main housing that rotates about a rotational axis”) as the abrasive disc (“ an abrasive disc coupled to and driven by the motor about the rotational axis”) a fan directly coupled to the abrasive disc, a dust shroud outlet; and an outlet port in fluid communication with a dust collector, the outlet port having an outlet port inlet and an outlet port outlet, wherein the channel is U-shaped and surrounds least a portion of a first planar surface of the abrasive disc, at least a portion of a second planar surface of the abrasive disc, and at least a portion of a circumferential edge of the abrasive disc, wherein the cut zone opening is adjustable in size and/or shape to accommodate the workpiece, wherein the fan is configured to induce an airflow in the dust shroud wherein the airflow enters the dust shroud through the dust shroud inlet, and wherein the dust shroud outlet is adjacent the outlet port inlet. The examiner, however notes that the abrasive disk, being a dish has a first planar surface, a second planar surface and a circumferential edge and surrounds an outer periphery of the abrasive disc (see shape of disk 38, fig. 1, which provides an understanding that the disk has a front [first planar surface] and back side [second planar surface], and edge.
Yang, in the same field of endeavor, relating to power tools (specifically grinding in [0002-0003]) teaches of a dust shroud wherein the channel disposed at least partially around a abrasive disc is U-shaped (U shaped interior of shell 12 [with two segments symmetrically disposed], fig. 3; [0028], which is disposed inside the cavity of the shell in [0029]) and surrounds least a portion of a first planar surface of the grinding disc, at least a portion of a second planar surface of the disc, and at least a portion of a circumferential edge of the abrasive disc (the shroud surrounds the grinding disk as in [0008] with the grinding wheel at an arc edge 110, fig. 3 as in [0028], with the surrounding aspect understood to cover the two planar surfaces of the grinding disk, and a portion of the circumferential edge thereof, only exposing the surface when retracted as in [0033]), and wherein the cut zone opening is adjustable in size and/or shape to accommodate the workpiece (the shell 12 can retract into 11, fig. 3, as in [0033]). Yang teaches that this arrangement provides for improved safety as in [0008]).
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 Schuele with the dust shroud of Yang, for the purpose of improved safety.
Regarding having the motor and abrasive disk rotate around the same axis, Schadow, in the same field of endeavor, as related to a power tool ([0074]) teaches of an arrangement where a motor (12a, fig. 2, [0074]) disposed within the main housing (30a, fig. 2; [0076]) that rotates about a rotational axis (has a spindle [0076] that directly drives the rotating tool 25a, fig. 2; [0078]). Schadow teaches that this arrangement eliminates a gearbox and saves space ([0076-0077]).
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 Schuele such that a motor is disposed within the main housing that rotates about a rotational axis, as taught by Schadow for the purpose of saving space.
Guidry, in the same field of endeavor, relating to abrading, teaches of a fan directly coupled to the abrasive disc and configured to induce an airflow in the dust shroud (fan 31, figs. 1 and 4; col 3 lines 15-25, the fan can induce airflow and the flow of particles into a dust shroud as evidenced by how receptacle arrangement 46 and 47 fig. 4 captures the expelled debris as explained in col 4 lines 25-46; examiner notes that this fan arrangement is consistent with instant fig 23 with fan 632) Guidry teaches that this arrangement reduces air pollution (col 2 lines 25-35).
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 Schuele with the fan of Guidry for the purpose of reducing air pollution.
As for a dust shroud outlet; and an outlet port in fluid communication with a dust collector, the outlet port having an outlet port inlet and an outlet port outlet, wherein the dust shroud outlet is adjacent the outlet port inlet. Tagscherer, in the same field of endeavor, related to power tools (particularly angle grinding as in [0027]) teaches of an arrangement with a dust shroud (a dust shroud 10, fig. 1 [0031]) , with an outlet port in fluid communication with a dust collector, the outlet port having an outlet port inlet and an outlet port outlet (outlet port as channel 48, with one end [a outlet port outlet], as in [0031] connected to a suction port, and an outlet port inlet [the end directly connected to dust should 10 of the overall channel 48]) and a dust shroud outlet (at the location of the interface between the dust shroud and the outlet port), wherein the dust shroud outlet is adjacent the outlet port inlet (as it is the location of the interface). Tagscherer teaches that this arrangement protects the operator ([0031]), while removing dust ([0031]).
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 Schuele with the dust shroud outlet and outlet port arrangement of Tagscherer, for the purpose of protecting the operator while removing dust. This arrangement would result in wherein the airflow enters the dust shroud through the dust shroud inlet, as Guidry provides that the fan is configured to induce an airflow in the dust shroud (fan 31, figs. 1 and 4; col 3 lines 15-25, the fan can induce airflow and the flow of particles into a dust shroud as evidenced by how receptacle arrangement 46 and 47 fig. 4 captures the expelled debris as explained in col 4 lines 25-46; examiner notes that this fan arrangement is consistent with instant fig 23 with fan 632)
With respect to claim 13, Schuele as modified teaches the limitations of claim 12 above, however does not explicitly teach wherein dust and debris are generated from the workpiece during a coping operation (Yang, [0008] however evidences that dust/debris is generated during grinding, and therefore would be expected to occur when in use) wherein dust/debris travels into the channel of the dust shroud (Yang, [0008] provides for wherein the grinding chips are covered by the dust shroud - thus the chips generated enter the dust shroud channel which contains the grinding disk) however does not explicitly teach wherein the dust/debris travel tangentially from the abrasive disc into the channel of the dust shroud and towards an outlet port that is in fluid communication with the dust collector.
Tagscherer, in the same field of endeavor, related to power tools (particularly angle grinding as in [0027]) teaches of an arrangement with a dust shroud (a dust shroud 10, fig. 1 [0031]) where the dust/debris travels tangentially from the abrasive disc into the channel of the dust shroud and towards the outlet port that is in fluid communication with a dust collector is collected to a vacuum cleaner or dust collector (as in [0031], the travels through a channel 48, fig. 1 [has outlet at end where vacuum is connected], which is tangential to the abrasive disk). Tagscherer teaches that this arrangement protects the operator ([0031]), while removing dust ([0031]).
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 Schuele with the tangential debris travel and outlet port of Tagscherer for the purpose of protecting the operator while also removing dust.
With respect to claim 14, Schuele as modified teaches the limitations of claim 12 above, and further teaches herein the dust shroud includes a plurality of movable segments operable to vary a size and/or shape of the cut zone opening (Yang, the shell 12 [with multiple segments] can retract into 11, fig. 3, as in [0033], providing for a different size cut zone depending on how far it is retracted).
With respect to claim 15, Schuele as modified teaches the limitations of claim 14 above, however does not explicitly teach wherein the plurality of movable segments are moveable between a first position where the abrasive disc is substantially covered and a second position where the abrasive disc is at least partially exposed, wherein the plurality of movable segments are biased toward the first position. Schuele, as modified, however teaches that the shell can vary in position (Yang, the shell 12 [with multiple segments] can retract into 11, fig. 3, as in [0033], providing for a different size cut zone depending on how far it is retracted, and also providing for different degrees of cover, and a portion where the abrasive disc is at least partially exposed).
Tagscherer, in the same field of endeavor, related to power tools (particularly angle grinding as in [0027]) teaches of providing a retractable cover (a dust shroud 10, fig. 1 [0031]) with a cover that can be fully closed (52, as shown in fig. 2a; [0032], through blocking element 20, fig. 2a) and opened (see position in fig. 2b), wherein movable segment/cover is biased toward the first position ([0034 describes how the cover is biased shut such that it closes when the operator releases it) Tagscherer teaches that this arrangement provides for operating comfort ([0010]), high operator safety ([0006]), and simple and secure locking ([0011])
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 Schuele with a first position where the abrasive disc is substantially covered, wherein the movable segment is biased toward the first position, using the teachings of Tagscherer for operating comfort, high operator safety, and secure locking. The arrangement would thus provide for wherein the plurality of movable segments are moveable between a first position where the abrasive disc is substantially covered and a second position where the abrasive disc is at least partially exposed, as Yang, as previously explained, provides for wherein the cover can be retracted to partially expose the disk, and wherein the plurality of movable segments are biased toward the first position, as the teachings of Tagscherer, the plurality movable segments of Yang would provide for a plurality of movable segments that are biased closed.
With respect to claim 21, Schuele as modified teaches the limitations of claim 12 above, and further teaches wherein the fan is directly coupled to the first planar surface of the abrasive disc (Guidry, fan 31, figs. 1 and 4; col 3 lines 15-25, is directly coupled to the first planar surface of the abrasive disk as being directly on the top of the abrasive disk; examiner notes that this fan arrangement is consistent with instant fig 23 with fan 632).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuele (US 20140235145 A1) in view of Yang (CN 104369109 A), Schadow (US 20170106520 A1), Guidry (US 3974598 A) and Tagscherer (US 20140342645 A1) and further in view of Guth (US 20140223748 A1).
With respect to claim 16, Schuele as modified teaches the limitations of claim 15 above, however does not explicitly teach wherein the plurality of movable segments are telescopically connected together and nested within each other when moved to the second position.
Guth, in the same field of endeavor, as related to power tools and dust shrouds (abstract, grinding in [0004]) teaches of providing wherein the dust shroud includes a plurality telescoping and nested movable segments operable to vary a size and/or shape of the cut zone opening, wherein the plurality of movable segments are telescopically connected together and nested within each other when moved to the second [open] position (telescoping jaws 41, 31, fig. 3 [0027], that varies a cut zone opening as in figs. 9-10; the plurality of movable segments are biased in [0027] to fully extend the jaws [to cover the tool]). Guth teaches that this arrangement is durable ([0008]), and reduces health issues from dust ([0004]).
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 Schuele with the telescoping nested arrangement of Guth, for the purpose of increasing durability and reducing health issues from dust.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuele (US 20140235145 A1) in view of Segiel (US 20030224707 A1), Schadow (US 20170106520 A1), and Guidry (US 3974598 A).
With respect to claim 17, Schuele discloses A coping tool (angle grinder in [0021], this can be used for a coping cut, preamble not limiting as intended use see MPEP 2111.02) comprising: a main housing (24, fig. 2; [0021]); a motor disposed in the main housing that rotates (motor as drive unit 10, fig. 2, [0024], is a EC motor, the drive unit causes rotation motion through shaft 46), a handle extending from the main housing (handle 42, fig. 1; [0023]) an abrasive disc coupled to and driven by the motor about a rotational axis (abrasive disk 38, fig. 1; [0022], driven through motor through receiver 36, fig. 2; [0024]) and a dust shroud coupled to the main housing and disposed at least partially around the abrasive disc (40, fig. 1; [0022]), the dust shroud including a channel extending along the dust shroud (see gap between dust shroud 40 and the disk 38 in fig. 1), and a cut zone opening through which a workpiece may pass to engage the abrasive disc (dust shroud 40 is open in front), however does not explicitly disclose wherein the motor rotates around the same axis (“motor disposed within the main housing that rotates about a rotational axis”) as the abrasive disc (“ an abrasive disc coupled to and driven by the motor about the rotational axis”), a fan directly coupled to the abrasive disc, wherein the dust shroud pivotably coupled to the main housing by a pivot joint defining a pivot axis, and an outlet port in fluid communication with a dust collector wherein the cut zone opening is adjustable in size and/or shape in response to the dust shroud pivoting about the pivot axis between a first position and a second position, wherein the fan is configured to induce an airflow in the dust shroud, wherein the airflow induced by the fan flows into the dust shroud, around the abrasive disc, and through the outlet port.
Regarding having the motor and abrasive disk rotate around the same axis, Schadow, in the same field of endeavor, as related to a power tool ([0074]) teaches of an arrangement where a motor (12a, fig. 2, [0074]) disposed within the main housing (30a, fig. 2; [0076]) that rotates about a rotational axis (has a spindle [0076] that directly drives the rotating tool 25a, fig. 2; [0078]). Schadow teaches that this arrangement eliminates a gearbox and saves space ([0076-0077]).
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 Schuele such that a motor is disposed within the main housing that rotates about a rotational axis, as taught by Schadow for the purpose of saving space.
Regarding, wherein the dust shroud pivotably coupled to the main housing by a pivot joint defining a pivot axis, wherein the cut zone opening is adjustable in size and/or shape in response to the dust shroud pivoting about the pivot axis between a first position and a second position, Segiel, in the same field of endeavor, related to power tools (including grinding tools as in [0002]) teaches of a dust shroud (15, fig. 4; [0031]; formed by walls 16, 17, and 18, fig. 4) pivotably coupled to the main housing by a pivot joint defining a pivot axis (coupled at a pivot joint at 19, fig. 4; relative to a main housing 30 at figs. 6 and 9; [0039], it is noted that a drive shaft 52 extends from the housing in fig. 6), the dust shroud is movable away from the abrasive disc about the pivot axis such that a cut zone opening is adjustable in size and/or shape in response to the dust shroud pivoting about the pivot axis between a first position and a second position, (figs. 7-8 show how the dust shroud 15 pivots relative to [grinding] disk blade 38, [0039]; which enables the cut zone to vary in size/shape to cut wall corners as in [0017]; the tool of Schuele is a grinder as noted in [0021] of Schuele), Segiel teaches that this arrangement provides for a cover that enables use in cutting wall corners ([0017]), while providing good visibility while collecting dust ([0011-0012]).
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 Schuele with the dust shroud arrangement of Segiel, for the purpose of allowing cutting of wall corners, while providing good visibility while collecting dust.
Guidry, in the same field of endeavor, relating to abrading, teaches of a fan directly coupled to the abrasive disc and configured to induce an airflow in the dust shroud (fan 31, figs. 1 and 4; col 3 lines 15-25, the fan can induce airflow and the flow of particles into a dust shroud as evidenced by how receptacle arrangement 46 and 47 fig. 4 captures the expelled debris as explained in col 4 lines 25-46; examiner notes that this fan arrangement is consistent with instant fig 23 with fan 632) Guidry teaches that this arrangement reduces air pollution (col 2 lines 25-35).
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 Schuele with the fan of Guidry for the purpose of reducing air pollution. This arrangement would have resulted in wherein the airflow induced by the fan flows into the dust shroud, around the abrasive disc (Guidry, fan 31, figs. 1 and 4; col 3 lines 15-25, the fan can induce airflow and the flow of particles into a dust shroud as evidenced by how receptacle arrangement 46 and 47 fig. 4 captures the expelled debris as explained in col 4 lines 25-46, which is caused by fan blades positioned around the top of the abrasive disk)
As for an outlet port in fluid communication with a dust collector, wherein the airflow induced by the fan flows into the dust shroud, around the abrasive disc, and through the outlet port, as previously addressed, the arrangement of using Guidry would have resulted in wherein the airflow induced by the fan flows into the dust shroud, around the abrasive disc.
Segiel further teaches of directing debris to an outlet port that is in fluid communication with a dust collector (22, fig .7 connects to a vacuum source [dust collector] as described in [0033]). Segiel teaches that this arrangement provides for efficient dust removal ([0008]).
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 Schuele with the outlet port that is in fluid communication with a dust collector, as taught by Segiel, for the purpose of efficient dust removal. This modification would have resulted in wherein the airflow induced by the fan flows into the dust shroud, around the abrasive disc, and through the outlet port, for removal of dust from the dust shroud.
With respect to claim 18, Schuele, as modified teaches the limitations of claim 17 above, and further teaches wherein the channel is U-shaped and surrounds an outer periphery of the abrasive disc (Segiel, walls 16, 17 and 18, fig. 4; for a rectangular U shape consistent with instant figs. 22 and 24, and surrounds the dusk in Schuele, figs 7-8).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuele (US 20140235145 A1) in view of Segiel (US 20030224707 A1), Schadow (US 20170106520 A1), Guidry (US 3974598 A) and further in view of Heo (KR 0117234 Y1)
With respect to claim 19, Schuele, as modified teaches the limitations of claim 18 above, and further teaches wherein the dust shroud is adjacent the abrasive disc in the first position, such that the channel receives the abrasive disc (Schuele, fig. 7 adjacent to disk 38), wherein the dust shroud is spaced away from the abrasive disc in the second position (Schuele, fig. 8 away from disk 38), however does not explicitly teach wherein the dust shroud is biased toward the first position.
Heo, in the same field of endeavor, related to tools, teaches of providing a grinding tool (page 1, abstract), with a dust shroud biased towards a closed [analogous to first] position (a hinged movable cover 14, fig. 1 described on page 2, 7th paragraph is biased through spring 27, fig. 1, described on page 2 8th paragraph). Heo teaches that this properly buffers the dust shroud/cover against the workpiece (page 2 8th paragraph), and provides for a blocking of noise and dust by ensuring close contact with the workpiece (page 3, 3rd paragraph).
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 Schuele such that the dust shroud is biased toward the first position, using the teachings of Heo, to block the effects of noise and dust.
Response to Arguments
Applicant's arguments filed 08/10/2026 have been fully considered but they are not persuasive.
Applicant argues, for independent claim 1 (response page 6-8), that Tanimoto does not disclose a fan directly coupled to an abrasive disk, and the claimed dust shroud with airflow and an outlet, that instead Tanimoto provides for a fan within a motor housing. The applicant also argues that Seigel does not have airflow within a dust shroud in the manner claimed, and Guidry does not have airflow into a dust shroud. These arguments are unpersuasive because the arguments attack each reference individually, and one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. In this case, the examiner’s position is that the claim is obvious because Siegel teaches all the necessary elements of the dust shroud and provides that this provides for efficient dust removal. Guidry builds on the concept of improved dust removal with reduced air pollution, and how it moves dust to a nearby dust collector is strong evidence of how it can be applied to an arrangement with Seigel for an effect of improved dust removal. The applicant does not appear to otherwise argue that the combination would not have resulted in the claimed effect.
Applicant argues, for independent claim 12 (response page 6-8), that Schule does not teach an outlet port or a dust shroud (examiner disagrees that the protective hood 40 [that surrounds, at least partially the disk] is not a dust shroud because it can block/contain some dust, and the applicant did not provide specifics on how it is not a dust shroud, and would have an inlet at the bottom where it interfaces with the workpiece), that Yang does not teach or suggest a dust shroud (examiner disagrees that the protective cover [that surrounds, at least partially the disk] not a dust shroud because it can block/contain some dust, and the applicant did not provide specifics on how it is not a dust shroud), that Schadow does not teach or suggest a dust shroud (examiner did not apply reference for any dust should teaching but rather for a specific drive arrangement), and that Guidry does not provide for a dust shroud. In the instant rejection, the examiner applied Tagscherer (not specifically argued by the applicant), which was cited for aspects of a dependent claim of independent claim 12. Tagscherer provides for a dust shroud connected with a tangential outlet (which implicitly means that the outlet port itself has an inlet and outlet given it’s elongated tubular shape, also means the dust should itself has an outlet at said interface, consistent with the apparent instant drawings). This provides for an arrangement that protects the operator while removing dust. Like with Siegel for claim 1, Guidry builds on the concept of improved dust removal with reduced air pollution, and how it moves dust to a nearby dust collector is strong evidence of how it can be applied to an arrangement with Seigel for an effect of improved dust removal. The applicant does not appear to otherwise argue that the combination would not have resulted in the claimed effect.
As for claim 17, the applicant relies on the same arguments as for the other independent claim with no specific arguments otherwise presented. The examiner respectfully submits that the other references were adequately addressed.
No specific arguments were presented for the dependent claims.
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.
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/Steven Huang/Examiner, Art Unit 3723
/TOM RODGERS/Primary Examiner, Art Unit 3723
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