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 Arguments
Applicant’s arguments, see pg 1 line 10, filed 3/10/2026, with respect to the rejection of claims 1-12 under USC 102/103 in light of the new amendments have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection has been made, as described below, over Cheng (US 20220297254) in view of Chen (US 20110250828), Zhang (US 20220143774) and Roehm (UK GB2448057), in light of the newly amended claims.
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 1-2, 5-9, 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (US 20220297254) in view of Zhang (US 20220143774) and Chen (US 20110250828).
Regarding claim 1, Cheng discloses a sander, comprising:
a motor (142 [0036] Fig 3 shown below);
an output shaft (144 [0036] Fig 3) that has an axis extending in an up-down direction (vertical axis defined as the line shown in Fig 3 that crosses through the top of 144) and is configured to be rotated by the motor;
a pad that is operably connected to the output shaft and configured to be driven by the motor (the pad of grinding member 30 [0036] Fig 3);
a motor cooling fan that is arranged on an upper side relative to the dust collecting fan, where, in the up-down direction, a side on which the pad is arranged relative to the dust collecting fan is defined as a lower side of the sander and a side opposite to the lower side is defined as the upper side of the sander, the motor cooling fan being configured to be rotated by the motor (fan defined as the blades 149 of the airflow generating member 143 which is arranged on an upper side relative to the pad [0041] Fig 3, 6 shown below);
a housing that is arranged on the upper side of the pad and configured to house the motor, the motor cooling fan, the dust collecting fan and at least part of the output shaft (casing 11 is arranged above the pad and houses all of the interior components [0035] Fig 1) the housing having at least one air hole formed through the housing in a direction crossing the axis (air holes defined as air outlet 116 which has a plurality of air holes [0035] Fig 6).
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However, Cheng fails to disclose a dust collecting fan that is fixed to the output shaft so as to surround the output shaft in a circumferential direction; and a cover that is arranged radially outside the housing and configured to cover the air hole while being apart from the air hole.
Zhang is also concerned with sanders and teaches a dust collecting fan that is fixed to the output shaft so as to surround the output shaft in a circumferential direction (dust collection fan blades 503 sleeved on the output shaft [0071] Fig 9 shown below).
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It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the fan assembly of the sander of Cheng to include a dust collection fan like that of Zhang in order to form a dust collection air path (Zhang [0071]).
Chen is also concerned with power tools that generate dust and teaches a cover that is arranged radially outside the housing and configured to cover the air hole while being apart from the air hole (cover defined as dust collection hood 4 which is arranged radially outside the housing and configured to cover the air hole while being apart from it as shown in Figs 1-2 below [0012]-[0013]).
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It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have added the cover of Chen to the sander of Cheng in order to provide the sander with an efficient means of collecting dust as the working surface is sanded (Chen: [0004]).
Regarding claim 2, Cheng, as modified, discloses the limitations of claim 1, as described above, and further discloses: wherein: the cover has a first part and a second part, the first part is connected to the housing on the upper side relative to the air hole (the first part is defined as the top of hood 4, as seen above, which would connect to the housing just above Cheng’s airholes 116), and the second part is apart from the housing and extends in the up-down direction on the lower side of the first part (the second part is defined as the sections of hood 4 that are below the first part as defined above and extend out and away from the housing).
Regarding claim 5, Cheng, as modified, discloses the limitations of claim 1, as described above, and further discloses:
wherein the air hole is arranged substantially at the same position as the motor cooling fan in the up-down direction and on a radially outer side of the motor cooling fan (shown above the air holes 116 of Cheng are arranged substantially at the motor cooling fan position in the vertical direction and are radially outside of the fan blades, interpreting ‘substantially’ under the broadest reasonable interpretation).
Regarding claim 6, Cheng, as modified, discloses the limitations of claim 1, as described above, and further discloses: wherein the at least one air hole comprises a plurality of air holes, and the cover is shaped along a contour of the housing (there are a plurality of air holes as seen above in Cheng’s figures and the cover is shaped along a contour of the housing as seen above both the cover and the housing are configured in a circular arc shape).
Regarding claim 7, Cheng, as modified, discloses the limitations of claim 6, as described above, and further discloses the housing except a connection part with the dust discharge part is formed in a circular arc shape around the axis in a cross section orthogonal to the up-down direction (as shown in Fig 5 of Cheng below, the housing is formed in a circular arc shape around the vertical axis),
the air holes are arranged in a circular arc in the housing (air holes are on the housing which has a circular arc profile as shown), and
the cover has a dome-like shape covering the housing (as seen in Chen fig 1 above the cover has a dome-like shape covering the housing).
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However, Cheng, as modified, fails to disclose: a dust discharge part that is connected to the housing and extends in a direction crossing the up-down direction.
Chen teaches a dust discharge part that is connected to the housing and extends in a direction crossing the up-down direction (dust discharge part defined as pressure enhancing part 3 which is connected to the housing via the hood 4 and extends in a direction crossing the vertical direction [0012]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have added the dust discharge part of Chen to the sander of Cheng in order to provide the sander with an efficient means of discharging the dust as the working surface is sanded (Chen: [0004]).
Regarding claim 8, Cheng, as modified, discloses the limitations of claim 1, as described above, and further discloses:
wherein the dust collecting fan and the motor cooling fan are integrally formed with each other (Zhang’s dust collection fan is integrally formed with the motor cooling fan as shown in Fig 9 above [0071]).
Regarding claim 9, Cheng, as modified, discloses the limitations of claim 1, as described above, and further discloses:
wherein the cover is formed as a separate member from the housing (Chen’s cover 4 is a separate member from Cheng’s housing 11).
Regarding claim 13, Cheng, as modified, discloses the limitations of claim 1, as described above and further discloses: the cover includes a region that is configured to cover the air hole, the region being arranged to cover the air hole while being spaced from the air hole such that a gap is between the cover and the air hole (as seen above, Chen’s cover 4 contains geometry such that a region covering the air hole would also be spaced from the air hole such that a gap is between the cover and the air hole).
Regarding claim 14, Cheng, as modified, discloses the limitations of claim 1, as described above and further discloses: the cover is arranged at a position corresponding to the air hole in a radial direction with respect to the axis, and the cover covers the air hole (as seen above, Chen’s cover 4 is arranged at a position corresponding to the air hole in a radial direction and it covers the air hole).
Regarding claim 15, Cheng, as modified, discloses the limitations of claim 1, as described above and further discloses: the cover includes: a first portion that is connected to the housing and is in contact with the housing above the air hole (the first portion is defined as the top of hood 4, as seen above, which would connect to the housing just above Cheng’s airholes 116), and a second portion connected continuously to the first portion and extending in a vertical direction while being spaced radially outward from the housing (the second portion is defined as the sections of hood 4 that are connected continuously below the first portion as defined above and extends in a vertical direction while being spaced radially outward from the housing).
Regarding claim 16, Cheng, as modified, discloses the limitations of claim 15, as described above and further discloses: the second portion is formed such that a radial distance from a side wall of the housing is substantially constant along a radial direction (the second portion as described above is formed such that a radial distance from a side wall of the housing 11, shown below, is substantially constant along a radial direction (examiner notes that substantially constant interpreted under BRI)).
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Regarding claim 17, Cheng, as modified, discloses the limitations of claim 1, as described above and further discloses: the cover includes a wall portion continuously extending from an upper end portion connected to the housing to a lower end of the cover (upper end portion defined as the top lip of Chen’s cover, lower end defined as the bottom rim of the cover and the wall portion defined as all geometry in between, Figs 1-2 shown above).
Regarding claim 18, Cheng, as modified, discloses the limitations of claim 1, as described above and further discloses: the housing is arranged to surround an entire outer circumference of the dust collecting fan and the motor cooling fan (housing 11 surrounds the entire outer circumference of both fans).
Claims 3-4, 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Cheng in view of Zhang and Chen as applied to claim 1 above, and further in view of Roehm (UK GB2448057).
Regarding claim 3, Cheng, as modified above, discloses the limitations of claim 2, as described above, and further discloses the housing has a lower wall facing an upper surface of the pad, the lower wall having a lower opening (as shown in the annotated figure below, the housing has a lower wall facing an upper surface of the pad and the lower wall has a lower opening defined as the space around the lower wall as shown); a lower end of the second part is located between the lower wall of the housing and the upper surface of the pad in the up-down direction (part of the geometry of a lower end of Chen’s second part is located between the lower wall of the housing and the upper surface of the pad in the vertical direction); the sander further comprises a first passage defined by the second part and an outer surface of the housing (the first passage defined as the space made by the interior surfaces of Chen’s 41 and Cheng’s exterior wall 18) and a second passage defined by the lower wall of the housing and the upper surface of the pad (the second passage defined as the space in between the lower wall and the upper surface of 30).
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Cheng, as modified, fails to teach the pad has at least one suction hole formed through the pad in the up-down direction; the lower opening providing communication between the inside of the housing and the dust suction hole; and the first passage communicating with the dust suction hole via the second passage.
Roehm is also concerned with a hand-sanding device and teaches the pad has at least one dust suction hole formed through the pad in the up-down direction (extraction holes 26 illustrated in Figs 2-3 [Pg 4 lines 7-20]); the lower opening providing communication between the inside of the housing and the dust suction hole (the lower opening is inside of the housing and so the inside of the housing communicates with the dust suction holes via the lower opening); and the first passage communicates with the dust suction hole via the second passage (the first passage as described above would now communicate with the added dust suction holes via the second passage as described above).
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It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have added the dust suction holes and lower openings like that of Roehm to the sander of Cheng for more efficient collection of debris generated by the sander.
Regarding claim 4, Cheng, as modified, discloses the limitations of claim 3, and further discloses wherein the lower end of the second part is apart from the upper surface of the pad in the up-down direction (Chen’s second part contains geometry that is apart from the top of the pad 30 in the direction of the vertical axis).
Regarding claim 10, Cheng, as modified, teaches the limitations of claim 3 as described above, and further discloses a grip part that extends in a longitudinal direction of the sander and is configured such that the inside of the housing communicates with an inside of the grip part (grip part defined as Cheng’s body 112 Fig 6 [0035], that extends in a longitudinal direction of the sander and is configured such that the inside of the housing communicates with an inside of the grip part as seen by the air flow entering inlet 115 of the grip part and exiting 116 of the housing), wherein: the grip part has at least one air inlet for communication between the inside and outside of the grip part (air inlet 115 [0035] Fig 6) and the sander is configured such that air flows into the housing through the grip part from the air inlet by rotation of the motor and is discharged from the air hole, and flows through the first passage and then the second passage (the air flow in this modified sander would flow into the housing through inlet 115 by rotation of the motor and would be discharged from air hole 116 where it would flow through the first passage as defined above and then the second passage as defined above).
Regarding claim 11, Cheng, as modified, discloses the limitations of claim 10 as described above, and further discloses a third passage that is defined by the dust suction hole and the lower opening (the third passage defined as the area above the lower wall within the lower opening as shown above), wherein: the sander is configured such that the air flowing through the second passage is drawn to air flowing into the third passage from the dust suction hole by rotation of the motor (the configuration as described above would provide geometry and air flow such that air flowing into the third passage from the dust suction hole would draw in air flowing through the second passage).
Regarding claim 12, Cheng, as modified, discloses the limitations of claim 11 as described above, and further discloses a dust discharge part that is connected to the housing and extends in a direction crossing the up-down direction (dust discharge part defined as Chen’s pressure enhancing part 3 which is connected to the housing via the hood 4 and extends in a direction crossing the vertical direction [0012]), the housing has a scroll part that is formed on a radially outer side of the dust collecting fan and communicates with the dust discharge part (scroll part defined as the lip of 18 that is below the lower wall of the housing as described above), and the third passage directly or indirectly communicates with a scroll passage defined by the scroll part (scroll passage and third passage shown below and they have direct communication).
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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 JOHN M LARSON whose telephone number is (571)272-2765. The examiner can normally be reached Monday-Friday 8:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Keller can be reached at 571-272-8548. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.M.L./Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723
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