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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) were filed on 04/17/2023, 11/22/2024; 06/06/2025, and 09/07/2025. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Taylor (US Patent No: 5,941,765).
Regarding Claim 1: Taylor discloses a material collection device (Column 2, Lines 5-6) for a hand-held power tool (Figure 1), comprising a material collection container (Figure 2, No. 60) configured to collect for collecting material removed during operation of the hand-held power tool (Column 3, Lines 25-27), wherein at least one opening of the material collection container is configured to feed for feeding the material into the material collection container (Figure 4), and wherein the at least one opening is arranged in an opening plane; and with at least one mounting unit (Figure 4, No. 64) configured to mount for mounting the material collection container on the hand-held power tool, characterized in that the at least one mounting unit comprising comprises a channel element (channel formed by adapter 64) configured to connect for connecting to an ejection port (52) of the hand-held power tool, wherein a channel longitudinal axis of the channel element is arranged transversely to the opening plane of the material collection container in at least one section plane perpendicular to the opening plane (Figure 4).
Regarding Claim 2: Taylor discloses the material collection device according to Claim 1, wherein the channel longitudinal axis is arranged transversely to the opening plane in a further section plane perpendicular to the section plane and the opening plane (Figure 4).
Regarding Claim 3: Taylor discloses the material collection device according to Claim 1, wherein the at least one mounting unit comprises an adapter housing (64) which is asymmetrically tapered from the opening plane in a the direction of the channel longitudinal axis and into which the channel element at least partially projects (Figure 4).
Regarding Claim 4: Taylor discloses the material collection device according to Claim 1, wherein an inlet opening of the channel element extends in a plane that is at least substantially perpendicular to the channel longitudinal axis and is in particular transverse to the opening plane (Figure 4).
Regarding Claim 5: Taylor discloses the material collection device according to Claim 1, wherein an inlet opening of the channel element is arranged spaced apart from a container longitudinal axis of the material collection container that is perpendicular to the opening plane (Figure 4).
Regarding Claim 6: Taylor discloses the material collection device according to Claim 1, wherein a maximum adapter longitudinal extension of a portion of the at least one mounting unit protruding beyond the material collection container is less than or equal to a maximum adapter transverse extension of the at least one mounting unit in the opening plane (Figure 4).
Regarding Claim 7: Taylor discloses the material collection device according to Claim 1, wherein an outlet opening of the channel element occupies a maximum outlet opening width of between 35% and 55% of a maximum opening width of the opening in the opening plane (Figure 4).
Regarding Claim 8: Taylor discloses a hand-held power tool (Figure 1) comprising a material collection device (Column 2, Lines 5-6) including a material collection container (Figure 2, No. 60) configured to collect for collecting material removed during operation of the hand-held power tool (Column 3, Lines 25-27), wherein at least one opening of the material collection container is configured to feed for feeding the material into the material collection container (Figure 4), and wherein the at least one opening is arranged in an opening plane; and with at least one mounting unit (Figure 4, No. 64) configured to mount for mounting the material collection container on the hand-held power tool, characterized in that the at least one mounting unit comprising comprises a channel element (channel formed by adapter 64) configured to connect for connecting to an ejection port (52) of the hand-held power tool, wherein a channel longitudinal axis of the channel element is arranged transversely to the opening plane of the material collection container in at least one section plane perpendicular to the opening plane (Figure 4).
Regarding Claim 9: Taylor discloses the hand-held power tool according to Claim 8, wherein a container longitudinal axis of the material collection container perpendicular to the opening plane encloses an angle to a mounting plane spanned by a longitudinal axis extending perpendicularly to a rotation axis of a drive shaft and the rotation axis, which angle added to an angle between the channel longitudinal axis and the container longitudinal axis, forms a sum angle of between 80-100° (Figure 4).
Regarding Claim 10: Taylor discloses the hand-held power tool according to Claim 8, wherein in a state of the material collection device mounted on the hand-held power tool, a container longitudinal axis perpendicular to the opening plane is arranged at least substantially in parallel to a mounting plane spanned by a longitudinal axis of a drive housing of the hand-held power tool extending perpendicularly to a rotation axis of a drive shaft and the rotation axis and the container longitudinal axis is oriented in parallel to the longitudinal axis (Figure 4).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taylor.
Regarding Claim 11: Taylor discloses the hand-held power tool according to Claim 8, further comprising a drive housing (20) located a distance from the material collection container; however, Taylor fails to disclose the distance being between 10-40 mm.
Since the applicant has not disclosed that having a distance between the drive housing and the material collection container solves any stated problem or is for any particular purpose above the fact that the distance allows for an operating element to be present, and since it appears that the drive housing and material collection container of Taylor would perform equally well with a distance having the dimensions as claimed by the applicant, it would have been an obvious matter of design choice to modify the hand-held power tool of Huller by utilizing the specific distance as claimed for the purpose of allowing for an operating element to be present.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL L SEHN whose telephone number is (571)270-3564. The examiner can normally be reached M-F 8:30 AM-6 PM, every other Friday off.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Courtney Heinle can be reached at 571-270-3508. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL L SEHN/Primary Examiner, Art Unit 3745