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 .
Status of Claims
This action is in reply to the application filed on 09/11/2023. The preliminary amendment submitted on 09/11/2023 is acknowledged. Claim 2 is canceled. Claim 27 is new. Claims 1 and 3-27 are currently pending and have been examined.
Claim Interpretation
Note: Whenever the claims indicated inclusive (and) or alternative (or) limitations, only the alternative limitations were examined unless stated different in the rejection. Similarly, whenever the claims indicated optional limitations (e.g. “optionally"), the claim limitations were considered to be a preference and not a requirement unless stated different in the claim rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 24 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 24 (Currently Amended), the limitation “the second connector is provided on an end portion on the side, from among extension directions of the auxiliary grip part, leading away from the main grip part; and the controller is disposed between the auxiliary grip part and the dust-collecting nozzle in the up-down direction” is indefinite because the terms “the auxiliary grip part”, “the main grip part”, and “the dust-collecting nozzle” all lack proper antecedent basis, since these terms are not defined in claims 1 and 23, but are instead defined in claims 3, 4, and 5.
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.
Claims 1 and 3-6 and 23-27 are rejected under 35 U.S.C. 103 as being unpatentable over Techtronic (European Patent Publication No. EP3700048) in view of Valentini (US PGPUB No. 2017/0282346), hereinafter referred to as Techtronic and Valentini, respectively.
Regarding claim 1 (Currently Amended), Techtronic discloses a portable abrading machine [Techtronic, fig 1a] comprising:
an abrading-machine main body comprising a main-body housing [Techtronic, col 4, pp 0024, 22];
a battery holster [Techtronic, fig 1a, 26] comprising a battery-mounting part configured to mount a detachable battery [Techtronic, fig 1a, 28 and fig 1b, 20 is a battery mounting part]; and
a power-supply cord [Technronic, fig 1a, 24] configured to supply electric power from the battery-mounting part to the abrading-machine main body [Techtronic, col 4, pp 0024] and connecting the abrading-machine main body to the battery holster without going through the main-body housing [Techtronic, figs 1a-1b, showing that 24 does not route through 22],
wherein:
the power-supply cord comprises a first connector in the form of a plug [Techtronic, figs 1a-1b, 30];
the abrading-machine main body comprises a second connector in the form of a socket configured to receive the first connector to electrically connect to the first connector and conduct electric current from the battery-mounting part to the motor [Techtronic, cols 4-5, pp 24, first interface of 30 forms terminals and second interface 28]; and
the first connector is configured to be detachably inserted into the second connector [Techtronic, cols 4-5, pp 0024 and fig 1b, showing 34 is a cutout so that 30 can be detached].
Techtronic does not explicitly disclose the portable abrading machine comprising: a motor having a motor shaft; and the main-body housing the motor, and an abrading part configured to move with orbital motion in response to rotation of the motor shaft.
Valentini discloses a portable abrading machine [Valentini, fig 1, 1] comprising:
a motor having a motor shaft [Valentini, page 4, pp 0043]; and
an abrading-machine main body comprising a main-body housing [Valentini, fig 1, 2], which houses the motor [Valentini, page 4, pp 0043], and an abrading part [Valentini, fig 1, 3] configured to move with orbital motion in response to rotation of the motor shaft [Valentini, page 4, pp 0041].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have explicitly included within the orbital sander of Techtronic the motor and motor shaft as taught by Valentini because the motor and shaft configuration of Valentini offer the advantage of being controllable which reduces costs of the tools because only one switch is required and has ergonomic advantages for the user for speed control is the same between tools [Valentini, pages 2-3, pp 0018, summarized].
Regarding claims 3 (Currently Amended) and 4 (Currently Amended), Techtronic as modified further discloses the portable abrading machine according to claim 1, wherein:
a rotational axis of the motor shaft extends in the up-down direction [Valentini, see annotated fig 5, item A], and the abrading part is located on a lower side relative to the main-body housing [Techtronic, see annotated figs 1B and 3, item B];
an upper-end part of the main-body housing is configured as a main grip part, which is grippable by a user [Techtronic, see annotated fig 3, item C]; and
when the main grip part and the motor are viewed in the up-down direction from upward of the main grip part, the main grip part is disposed overlapping the motor such that an outer edge of the main grip part surrounds an outer edge of the motor [Techtronic, see annotated fig 3, item A overlaps the rotational motor] (clm 3); and
wherein the abrading-machine main body further comprises an auxiliary grip part connected to the main grip part and extending in a direction that intersects the rotational axis [Techtronic, see annotated fig 3, item D] (clm 4).
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Regarding claim 5 (Currently Amended), Techtronic as modified further discloses the portable abrading machine according to claim 4, wherein:
the abrading-machine main body comprises a dust-collecting nozzle disposed downward of the auxiliary grip part in the up-down direction and is configured to discharge dust generated by the abrading part while abrading a work material [Techtronic, fig 3, item 236]; and
when the auxiliary grip part and the dust-collecting nozzle are viewed in the up-down direction from upward of the auxiliary grip part, the dust-collecting nozzle is disposed overlapping the auxiliary grip part [Techtronic, see annotated fig 3, 236 is below D].
Regarding claim 6 (Currently Amended), Techtronic as modified further discloses the portable abrading machine according to claim 4, wherein the second connector is provided on an end portion on the side, from among extension directions of the auxiliary grip part, leading away from the main grip part [Techtronic, see annotated fig 3, item D has the connection 30 at end of item D].
Regarding claims 23 (Currently Amended) and 24 (Currently Amended), Techtronic as modified further discloses the portable abrading machine according to claim 1, wherein the abrading-machine main body further comprises a controller configured to control rotation of the motor shaft [Techtronic, col 5, pp 0026] (clm 23); and wherein:
the second connector is provided on an end portion on the side, from among extension directions of the auxiliary grip part, leading away from the main grip part [Techtronic, figs 1A and 3, item D connects with 30]; and
the controller is disposed between the auxiliary grip part and the dust-collecting nozzle in the up-down direction [Techtronic, figs 1A and 3, the controller is below the top most potion of item D and therefore is disposed between item D and item 236] (clm 24).
Regarding claim 25 (Currently Amended), Techtronic as modified further discloses the portable abrading machine according to claim 1,wherein the battery holster comprises a controller configured to control rotation of the motor shaft [Techtronic, col 5, pp 0026].
Regarding claim 26 (Currently Amended), Techtronic as modified further discloses the portable abrading machine according to claim 1, wherein the battery holster comprises the battery, which is mounted on the battery-mounting part [Techtronic, see annotated fig 3, item E].
Regarding claim 27 (New), Techtronic as modified further discloses the portable abrading machine according to claim 1, but does not explicitly disclose wherein: the second connector comprises a plurality of pins surrounded by a tube wall, the pins being electrically connected to the motor; the first connector comprises a tubular-shaped engaging part provided around a terminal part and configured to be fitted onto the tube wail; and the terminal part is electrically connected to power supply lines of the power cord and is configured to be electrically connectable to the plurality of pins in a detachable manner.
Valentini further teaches a power-supply cord [Valentini, fig 1, 10] configured to supply electric power from an electrical source to the abrading-machine main body [Valentini, page 5, pp 0045] and connecting the abrading-machine main body to the electric source without going through the main-body housing [Valentini, fig 1, showing 10 connects to 6 which connects to 7 which does not go through the body 2],
wherein:
the power-supply cord comprises a first connector in the form of a plug [Valentini, figs 1 and 5, 6];
the abrading-machine main body comprises a second connector in the form of a socket [Valentini, fig 1, 7] configured to receive the first connector to electrically connect to the first connector and conduct electric current from the battery-mounting part to the motor [Valentini, pages 4-5, pp’s 0044-0045]; and
the first connector is configured to be detachably inserted into the second connector [Valentini, figs 1-2, 8 slides over 7, 12, clips 6 into place];
wherein: the second connector comprises a plurality of pins surrounded by a tube wall [Valentini, figs 5-6, 24 surrounded by 27], the pins being electrically connected to the motor [Valentini, fig 5, 24 is connected to motor 29];
the first connector comprises a tubular-shaped engaging part provided around a terminal part and configured to be fitted onto the tube wall [Valentini, fig 6, showing the terminal part 23 and tubular portion 21]; and
the terminal part is electrically connected to power supply lines of the power cord and is configured to be electrically connectable to the plurality of pins in a detachable manner [Valentini, figs 5-6, showing 23 and 24 connect and 6 and 7 disconnect and reconnect].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified the connection between the first and second connectors of Techtronic with the first and second connections of Valentini because this connection configuration allows for a controller to be used with combined sensors which provides for setting a desired speed of the motor [Valentini, page 5, pp 0045, summarized].
Allowable Subject Matter
Claims 7-22 are 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 claim 7 (Currently Amended), Techtronic (European Patent Publication No. EP3700048) teaches the abrading-machine main body comprises a dust-collecting nozzle disposed downward of the auxiliary grip part in the up-down direction and is configured to discharge dust generated by the abrading part while abrading a work material [Techtronic, fig 3, item 236];
when the auxiliary grip part and the dust-collecting nozzle are viewed in the up-down direction from upward of the auxiliary grip part, the dust-collecting nozzle is disposed overlapping the auxiliary grip part [Techtronic, see annotated fig 3, 236 is below D];
when the extension directions of the auxiliary grip part are oriented in a front-rear direction of the portable abrading machine [Techtronic, see annotated fig 3, D extends in the front-rear direction], the side of the auxiliary grip part that connects with the main grip part is defined as the front side [Techronic, see annotated fig 3, item D1], and the side opposite thereof is defined as the rear side [Techtronic, see annotated fig 3, item D2],
a rear-end part of the dust-collecting nozzle is configured to mount a dust-collection container, in a detachable manner [Techtronic, fig 3, 236 is mounted to 238 and is capable of being disassembled];
the abrading part comprises an abrading pad configured to be driven by the motor shaft [Techronic, see annotated fig 3, item B is driven by the shaft and motor].
The prior art considered as a whole, alone or in combination, neither anticipates nor renders obvious “the power-supply cord is configured such that the power-supply cord does not make contact with the dust-collection container in a first state of the portable abrading machine, in which: (i) the dust-collection container is mounted on the dust-collecting nozzle; (ii) the abrading pad is placed in a plane; (iii) the battery holster and the abrading-machine main body are connected by the power-supply cord; and (iv) the battery holster is disposed such that the intrinsic weight of the battery holster is not applied to the power-supply cord” together in combination with the rest of the limitations of the claim and in the independent claim.
Claim(s) 8-22 would be allowed as being dependent on claim 7.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT NEIBAUR whose telephone number is (571)270-7979. The examiner can normally be reached M - F 8:00 am - 5:00 pm.
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/ROBERT F NEIBAUR/Primary Examiner, Art Unit 3723
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