DETAILED ACTION
Claim Rejections - 35 USC § 112
Claims 4-5, 13 & 20 are 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. The claims depend from canceled claims 3 & 12 and thus are indefinite. For purposes of examination on the merits, claims 4 & 13 will be understood to depend from claim 1.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 16 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Esenwein in view of Bayha et al. (US Pat.Pub.2020/0077852).
Regarding claim 16, Esenwein teaches a method for operating a machine tool having a tool holder section (not numbered, part of transmission housing 4) configured to receive a tool 13, and a machine tool apparatus that includes at least one housing unit 3 which has a cooling air inlet section (not numbered; indicated by airstream arrows; Fig.1)
and a cooling air outlet section (functional sections 9 of air guide 6),
the cooling air outlet section 9 being offset relative to the cooling air inlet section along a direction of a main extension axis of the housing unit (Fig.7)…, the method comprising blowing the air out into a near area of the tool holder section 4 (Fig.1).
Esenwein does not teach “a connection unit configured to fluidly connect the cooling air inlet section to a fluid unit arranged on an outside of the at least one housing unit [3], the method comprising: extracting air out of the tool holder section of the machine tool; directing the air through the fluid unit into the cooling air inlet section…”
But, Bayha teaches a hand-held power tool comprising a housing 12, a tool holding section 20, a cooling air inlet section 67 and a dust extraction device 36 comprising a connection unit (output opening 66) configured to fluidly connect the cooling air inlet section 67 to a fluid unit (dust-collecting chamber) 58 arranged on an outside of the at least one housing unit 12, the method comprising extracting air out of the tool holder section 20 of the machine tool (via suction head 42 adjacent tool holder 20) and directing the air through the fluid unit into the cooling air inlet section by means of a blower 62 that produces an airstream (arrow; Fig.1) through the fluid unit, into and through the housing unit, to enable suction-extraction of dust particles (¶[0004]; ¶[0036]).
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Thus, it would have been obvious before the effective filing date to provide the method of Esenwein with a connection unit configured to fluidly connect the cooling air inlet section to a fluid unit arranged on an outside of the at least one housing unit, the method comprising: extracting air out of the tool holder section of the machine tool; directing the air through the fluid unit into the cooling air inlet section since Bayha teaches this would have enabled suction-extraction of dust particles.
Regarding claim 22, Esenwein teaches a machine tool apparatus, comprising:
a housing unit having a tool holder section (not numbered, at end of transmission housing 4) configured to hold a machine tool 13 for performing a machining operation, a cooling air inlet section (not numbered; indicated by airstream arrows 5; Fig.1), and a cooling air outlet section (functional sections 9 of air guide 6)…;
a fan unit 6 configured to draw an air flow (airstream) 5…into and through the housing unit to the cooling air outlet section 9;
wherein the cooling air outlet section 9 is arranged on the housing unit such that the air flow 5 exiting the cooling air outlet section is directed into a near area of the tool holder section (i.e., airstream 5 guided past motor and directed via an air guide 6 out of the housing; c.3:48-50; Figs.1&7).
Esenwein does not teach “a fluid unit configured to receive debris generated by the machine tool during the machining operation and fluidly connected to the cooling air inlet section” or that the fan unit draws an air flow “from the tool holder section, through the fluid unit, into and through the housing unit to the cooling air outlet section [9].”
But, Bayha teaches a hand-held power tool comprising a housing 12, a cooling air inlet section 67 and a dust extraction device 36 with a fluid unit (dust-collecting chamber) 58 configured to receive debris generated by the machine tool during the machining operation and fluidly connected to the cooling air inlet section (¶[0037]; Fig.1). A blower 62 produces an airstream (arrow; Fig.1) through the fluid unit, into and through the housing unit, to enable suction-extraction of dust particles (¶[0004]; ¶[0036]).
Thus, it would have been obvious before the effective filing date to provide Esenwein with a fluid unit configured to receive debris generated by the machine tool during the machining operation and fluidly connected to the cooling air inlet section since Bayha teaches this would have enabled suction-extraction of dust particles. Further, in the combination, Esenwein’s
fan unit draws an air flow from the tool holder section, through the fluid unit, into and through the housing unit to the cooling air outlet section.
Allowable Subject Matter
Claims 1, 8, 11, 15 & 17-19 are allowed.
Claims 4-5, 13 & 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Response to Arguments
Applicant’s arguments filed 20 July 2026 are not wholly persuasive.
Regarding claims 16 & 22, Applicant argues the combination, in particular Bayha, does not disclose drawing air from a space around the tool holder section 20, which is outside the suction head 42 (Fig.1). This is not persuasive. Applicant’s argument presumes an undisclosed definition for an unclaimed “space around the tool holder section which is outside the suction head” (Response, p.6). As seen in Fig.1, Bayha’s suction head 42 is in the general vicinity of the tool holder 20. Further, the air stream is “sucked up via the suction extraction opening 64 in the region of the suction head 42” (¶[0037]). Thus, Bayha’s suction head “extract[s] air out of the tool holder section of the machine tool” as claimed in claim 16 and enables the fluid unit (dust-collecting chamber) 58 “to receive debris generated by the machine tool during the machining operation” as claimed in claim 22.
Applicant also argues the combination operates in an opposite manner in that the combination draws air from the near area of the tool holder section of Bayha and blows the air into the tool holder section of Esenwein. The argument presumes a distinction between a “tool holder section” and a “near area of the tool holder section”. But, as disclosed in the specification ¶[0047], Fig.1, the tool holder section 36a and near area of the tool holder section 38a are the same area.
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Note also the Fig.9 embodiment where the cooling air outlet section 92f is adjacent ejection/extraction port 104f (¶[0083] & ¶[0087]). In this embodiment, the dust is also extracted from the same area as the air outlet. In other words, the specification is understood broadly to make no distinction between a “tool holder section” and a “near area of the tool holder section”.
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Further, arguendo, to the extent the relative terminology of a “near area” sets forth a distinction between a general region defined by a “tool holder section” and a region closer to the tool holder section, the argument presumes that in the combination Bayha’s suction head 42 is closer to the tool holder 20 than Esenwein’s cooling air outlet section (functional sections 9 of air guide 6) is to the tool holder (transmission 4). But, relatively speaking, Esenwein’s air outlet section 9 can be construed as closer to the tool holder (part of transmission 4) than to tool 13 (Fig.4) and Bayha’s suction head 42 can be construed as closer to the tool 22 than tool holder 20 (Fig.1). Thus, in the combination, Esenwein’s air outlet section is closer to a “near area” of the tool holder then Bayah’s suction head.
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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 BURTON S MULLINS whose telephone number is (571)272-2029. The examiner can normally be reached 9-5. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tulsidas C Patel can be reached at 571-272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BURTON S MULLINS/Primary Examiner, Art Unit 2834
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