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 .
Claim Objections
Claims 3, 5, and 10 are objected to because of the following informalities:
Claim 3, ll. 2, consider amending to, --plate and the balancer includes a protrusion portion extending toward [[the ]]another of the— for proper antecedent basis.
Claim 5, ll. 5, consider amending to, --[[the]]a same direction as the plurality of blades.— for proper antecedent basis.
Claim 10 recites “The portable machining apparatus according to claim 3, wherein the balancer includes the protrusion portion.” which is an exact recitation of claim 6, which recites “The portable machining according to claim 3, wherein the balancer includes the protrusion portion.” The Examiner considers amending one of the claims to depend from another claim or canceling one of the claims.
Appropriate correction is required.
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.
Claims 4-5 and 11-16 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.
Claim 4 recites, “wherein the protrusion portion is shaped to function as a rectifier for radially outward directing a flow of air in the flow passage” which renders the claim indefinite. It is unclear to the Examiner the corresponding shape and structure of the protrusion portion in order to function as a rectifier. The Examiner refers to pp. [0044] in instant disclosure in which the “protrusion portions 261 and 262 (fig. 11) also function as a rectifier that directs the flow of the air in the flow passage 270 radially outward…the protrusion portions 261 and 262, which function as the rectifier, are disposed so as to intersect with the radial direction in the same direction as the second blades.” Therefore, for examination purposes and as best understood from fig. 11 and pp. [0044] of disclosure, the protrusion portion is disposed so as to intersect with the radial direction in a same direction as the plurality of blades to function as a rectifier for radially outward directing a flow of the air in the flow passage.
Claims 5 and 11 are rejected accordingly under 35 USC 112(b) since they are dependent on claim 4.
Claims 12-16 recite the limitation "wherein the dust collection fan and the motor cooling fan are in the form of an integrated single fan including a main plate including a first surface and a second surface opposite from the first surface, a plurality of first blades radially extending at least partially on the first surface, and a plurality of second blades radially extending at least partially on the second surface" in each of the claims. There is insufficient antecedent basis for these limitations in the claims. Claims 12-16 directly or indirectly depend from claim 2, which recites “the at least one fan includes a main plate and a plurality of blades generally radially extending at least partially on one of surfaces of the main plate.” Therefore, as best understood, a main plate in claims 12-16 are the same main plate from claim 2. Additionally, it is unclear to the Examiner whether additional plurality of first and second blades in claims 12-16 are being claimed in addition to the plurality of blades in claim 2, or whether one of the first and second plurality of blades are the same as the plurality of blades. As best understood from instant disclosure and for examinations, the plurality of blades are the same as the plurality of first blades on the first surface; therefore, claims 12-16 are interpreted as:
--wherein the dust collection fan and the motor cooling fan are in the form of an integrated single fan including [[a]]the main plate including a first surface and a second surface opposite from the first surface, a plurality of first blades radially extending at least partially on the first surface, wherein the plurality of first blades are the plurality of blades, and a plurality of second blades radially extending at least partially on the second surface--
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8 and 10-17 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kuehne (US Patent No. 9,102,048).
Regarding claim 1, Kuehne (US Patent No. 9,102,048) discloses a portable machining apparatus (item 10; figs. 1-2) comprising:
a motor (item 30; fig. 2);
an output shaft (item 32; fig. 2) extending in an axial direction (output shaft 32 extends in axial direction, i.e. along axis A1, of motor 30; fig. 2) and configured to be rotated by a rotational driving force of the motor (col. 5, ll. 6-9);
a tool accessory (item 18; figs. 1-2) configured to perform an eccentric circular motion in response to the rotation of the output shaft (col. 5, ll. 15-21; fig. 2);
a dust collection fan (defined as lower portion of item 54, i.e. item 58; col. 6, ll. 50-54) fixed to the output shaft so as to circumferentially surround the output shaft (fan is fixed to lower end of output shaft 32 via item 64; figs. 4-5);
a motor cooling fan (defined as upper portion of item 54, i.e. item 56; figs. 2-4; col. 6, ll. 44-48) configured to be rotated by the rotational driving force of the motor (col. 6, ll. 39-43; as the motor 30 rotates, the fan structure rotates); and
a balancer (item 52; figs. 3 and 6) attached to at least one fan of the dust collection fan and the motor cooling fan (balancer 52 is mounted on lower portion of item 34, i.e. dust collection fan 58; figs. 4-6),
wherein a flow passage (designated in annotated fig. 3 below; defined as flow passage on lower portion of item 34, i.e. through blades 66, 95 in order to flow into dust collection unit 20; col. 6, ll. 50-54; figs. 2-3) is defined so as to radially outward exhaust air flowing in the axial direction toward the at least one fan at a circumferential position of the at least one fan (air is drawn from workpiece along axial direction and exhaust air into dust collection unit 20 along radial direction; col. 6, ll. 50-54; fig. 2) between an edge portion of the at least one fan (defined as outermost bottom edge of blade 66, designated in annotated fig. 3 below) opposite from the balancer in the axial direction (edge portion is opposite from upper surface of balancer, i.e. item 96 of balancer 52, in axial direction, i.e. along axis of shaft) and the balancer at which position the balancer is attached (balancer is attached via press-fit at item 72, designated in annotated fig. 3 below; therefore, flow passage is defined in space, i.e. axially and radially extending space, between edge portion and upper portion of balancer in which balancer is attached to at least one fan via press-fit).
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First Annotated Fig. 3.
Regarding claim 2, Kuehne discloses the portable machining apparatus as claimed in claim 1, wherein the at least one fan includes a main plate (item 50; fig. 5) and a plurality of blades (items 66; fig. 3-5) generally radially extending (plurality of blades 66 are angled with respect to the exact radial direction, corresponding to instant invention “generally radially” meaning, pp. [0010] in instant disclosure) at least partially on one of surfaces of the main plate (plurality of blades 66 extend on one surface of main plate, i.e. item 58 of main plate; fig. 5) ,
the one of the surfaces is a surface on one side of the main plate (defined as side in view of fig. 5) where the balancer is located (the one surface is defined as a surface on the same side in which the balancer 52 is located; figs. 4-5) , and
the flow passage is defined between the one of the surfaces of the main plate and the balancer (at least a portion of the flow passage is defined between the outer circumferential surface of the one surface 58 and outer edge surface of balancer 52; designated in second annotated fig. 3 below).
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Second Annotated Fig. 3.
Regarding claim 3, Kuehne discloses the portable machining apparatus as claimed in claim 2, wherein the balancer includes a protrusion portion (designated in annotated fig. 6 below) extending toward the main plate (protrusion portion of balancer 52 extends radially toward outer edge of main plate 50 and extends axially into main plate; designated in annotated fig. 6 below) and placed in abutment with the main plate (protrusion portion of balancer 52 is press-fit into main plate 50; col. 6, ll. 33-38), and
a space functioning as the flow passage is defined between the main plate and the balancer using the protrusion portion (via protrusion portion press-fitting into place, i.e. at item 72 of main plate 50, a space is defined between a portion of the protrusion portion, i.e. lower surface of item 95, and the edge portion of the main plate, i.e. lower surface of item 66, and the space functions as the flow passage and air flows between items 66, 95 and into dust collection unit 20, col. 6, ll. 50-54).
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Annotated Fig. 6.
Regarding claim 4, as best understood, Kuehne discloses the portable machining apparatus as claimed in claim 3, wherein the protrusion portion is shaped to function as a rectifier for radially outward directing a flow of the air in the flow passage (protrusion portion includes items 95 which are a curved portion, i.e. rectifier, to direct air along the space and flow passage toward dust collection unit 20).
Regarding claim 5, Kuehne discloses the portable machining apparatus as claimed in claim 4, wherein each of the plurality of blades at least partially and generally radially extends (corresponding to meaning of partially and generally radially extending from pp. [0010] of instant disclosure) so as to intersect with a radial direction (each blade of the plurality of blades 66 is angled, i.e. extending along circular array, relative to radial direction; figs. 3-5), and
the protrusion portion is disposed so as to intersect with the radial direction in the same direction as the plurality of blades (item 95 of protrusion portion extends in same direction as plurality of blades 66 thereby, intersecting with the radial direction; col. 6, ll. 15-18; fig. 5) .
Regarding claim 6, Kuehne discloses the portable machining apparatus as claimed in claim 3, wherein the balancer includes the protrusion portion (balancer 52 includes protrusion portion; designated in annotated fig. 6 above).
Regarding claim 7, Kuehne discloses the portable machining apparatus as claimed in claim 1, wherein the dust collection fan and the motor cooling fan are in the form of an integrated single fan (dust collection fan and motor cooling fan are defined on opposing sides of one piece, i.e. item 34; figs. 3-5) including a main plate (item 50; figs. 3-5) including a first surface (item 56; figs. 3-4) and a second surface (item 58; figs. 3 and 5) opposite from the first surface (col. 5, ll. 42-43), a plurality of first blades (item 60; figs. 3-4) radially extending at least partially on the first surface (col. 5, ll. 42-46), and a plurality of second blades (items 66; figs. 3 and 5) radially extending at least partially on the second surface (col. 5, ll. 51-54).
Regarding claim 8, Kuehne discloses the portable machining apparatus as claimed in claim 1, wherein the balancer is made from metal (col. 5, ll. 34-38 and col. 6, ll. 60), and the at least one fan is lighter in specific gravity than the balancer (col. 5, ll. 38-41).
Regarding claim 10, Kuehne discloses the portable machining apparatus as claimed in claim 3, wherein the balancer includes the protrusion portion (balancer 52 includes protrusion portion; designated in annotated fig. 6 above).
Regarding claim 11, Kuehne discloses the portable machining apparatus as claimed in claim 4, wherein the balancer includes the protrusion portion (balancer 52 includes protrusion portion; designated in annotated fig. 6 above).
Regarding claim 12, as best understood, Kuehne discloses the portable machining apparatus as claimed in claim 2, wherein the dust collection fan and the motor cooling fan are in the form of an integrated single fan (dust collection fan and motor cooling fan are defined on opposing sides of one piece, i.e. item 34; figs. 3-5) including the main plate (item 50; figs. 3-5) including a first surface (item 58; figs. 3 and 5) and a second surface (item 56; figs. 3-4) opposite from the first surface (col. 5, ll. 42-43), a plurality of first blades (item 66; figs. 3 and 5) radially extending at least partially on the first surface (col. 5, ll. 51-54), and a plurality of second blades (items 60; figs. 3-4) radially extending at least partially on the second surface (col. 5, ll. 42-46).
Regarding claim 13, as best understood, Kuehne discloses the portable machining apparatus as claimed in claim 4, wherein the dust collection fan and the motor cooling fan are in the form of an integrated single fan (dust collection fan and motor cooling fan are defined on opposing sides of one piece, i.e. item 34; figs. 3-5) including the main plate (item 50; figs. 3-5) including a first surface (item 58; figs. 3 and 5) and a second surface (item 56; figs. 3-4) opposite from the first surface (col. 5, ll. 42-43), a plurality of first blades (item 66; figs. 3 and 5) radially extending at least partially on the first surface (col. 5, ll. 51-54), and a plurality of second blades (items 60; figs. 3-4) radially extending at least partially on the second surface (col. 5, ll. 42-46).
Regarding claim 14, as best understood, Kuehne discloses the portable machining apparatus as claimed in claim 3, wherein the dust collection fan and the motor cooling fan are in the form of an integrated single fan (dust collection fan and motor cooling fan are defined on opposing sides of one piece, i.e. item 34; figs. 3-5) including the main plate (item 50; figs. 3-5) including a first surface (item 58; figs. 3 and 5) and a second surface (item 56; figs. 3-4) opposite from the first surface (col. 5, ll. 42-43), a plurality of first blades (item 66; figs. 3 and 5) radially extending at least partially on the first surface (col. 5, ll. 51-54), and a plurality of second blades (items 60; figs. 3-4) radially extending at least partially on the second surface (col. 5, ll. 42-46).
Regarding claim 15, as best understood, Kuehne discloses the portable machining apparatus as claimed in claim 5, wherein the dust collection fan and the motor cooling fan are in the form of an integrated single fan (dust collection fan and motor cooling fan are defined on opposing sides of one piece, i.e. item 34; figs. 3-5) including the main plate (item 50; figs. 3-5) including a first surface (item 58; figs. 3 and 5) and a second surface (item 56; figs. 3-4) opposite from the first surface (col. 5, ll. 42-43), a plurality of first blades (item 66; figs. 3 and 5) radially extending at least partially on the first surface (col. 5, ll. 51-54), and a plurality of second blades (items 60; figs. 3-4) radially extending at least partially on the second surface (col. 5, ll. 42-46).
Regarding claim 16, as best understood, Kuehne discloses the portable machining apparatus as claimed in claim 4, wherein the balancer includes the protrusion portion (balancer 52 includes protrusion portion; designated in annotated fig. 6 above), and
wherein the dust collection fan and the motor cooling fan are in the form of an integrated single fan (dust collection fan and motor cooling fan are defined on opposing sides of one piece, i.e. item 34; figs. 3-5) including the main plate (item 50; figs. 3-5) including a first surface (item 58; figs. 3 and 5) and a second surface (item 56; figs. 3-4) opposite from the first surface (col. 5, ll. 42-43), a plurality of first blades (item 66; figs. 3 and 5) radially extending at least partially on the first surface (col. 5, ll. 51-54), and a plurality of second blades (items 60; figs. 3-4) radially extending at least partially on the second surface (col. 5, ll. 42-46).
Regarding claim 17, Kuehne discloses the portable machining apparatus as claimed in claim 2, wherein the balancer is made from metal (col. 5, ll. 34-38 and col. 6, ll. 60), and
the at least one fan is lighter in specific gravity than the balancer (col. 5, ll. 38-41).
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 9 and 18 rejected under 35 U.S.C. 103 as being unpatentable over Kuehne (US Patent No. 9,102,048) in view of Iwakami (CN 107042495), as provided by the Examiner.
Regarding claim 9, Kuehne discloses the portable machining apparatus as claimed in claim 6, but does not explicitly disclose wherein the at least one fan includes a threaded boss protruding toward the balancer, the balancer includes a through-hole formed at a position corresponding to the threaded boss, the protrusion portion protrudes toward the at least one fan around the through-hole, and is shaped and sized in such a manner that an outer periphery of the threaded boss is fitted therein, and the at least one fan and the balancer are fixed to each other using a threaded member inserted in the through-hole and the threaded boss.
However, the embodiment of figs. 8-9 in Kuehne teaches wherein the at least one fan (lower side of item 150, corresponding to dust collection fan in embodiment of figs. 3-5) includes a boss (item 153; fig. 8) protruding toward the balancer (col. 7, ll. 26-29), the balancer includes a through-hole (item 155; fig. 9) formed at a position corresponding to the boss (col. 7, ll. 29-31), the protrusion portion protrudes toward the at least one fan around the through-hole (protrusion portion, corresponding to portion designated in annotated fig. 6 above, protrudes toward lip of main plate, i.e. within recess 72, 74, 75 in which outer edge of protrusion portion abuts, on all sides of through-hole), and is shaped and sized in such a manner that an outer periphery of the boss is fitted therein (col. 7, ll. 29-36), and the at least one fan and the balancer are fixed to each other (col. 7, ll. 32-37).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the at least one fan and balancer, as disclosed in the embodiment of figs. 3-6 of Kuehne, to include a protruding boss on the at least one fan and through-hole on the protrusion portion of the balancer, as taught in the embodiment of figs 8-9 of Kuehne, in order to assist in retaining the balancer to the at least one fan and thereby, creating an interference to prevent removal of the balancer from the at last one fan during use (col. 6, ll. 33-38 and col. 7, ll. 32-37).
Further, neither embodiment in Kuehne discloses wherein the boss is threaded and a threaded member is inserted in the through-hole and the threaded boss to fixed the at least one fan and the balancer to each other. Instead, the embodiment of figs. 8-9 in Kuehne discloses wherein the boss is heat-staked to the through-hole in the balancer.
However, Iwakami (CN 107042495) teaches an analogous structure of connecting two components of a portable machining apparatus, wherein one piece includes a threaded boss (item 61; pp. [0071]; figs. 10-11) and a second piece includes a through-hole (item 62a; pp. [0074]; figs. 10-11), and wherein the two pieces are fixed to each other using a threaded member (item 63; pp. [0071-0073]; figs. 10-11) inserted into the through-hole and the threaded boss (fig. 11).
Both the embodiment of figs. 8-9 of Kuehne and Iwakami disclose means of securing two components to each other via a protruding boss on one component to a through-hole on a separate, second component. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the heat-staking means, as disclosed in the embodiment of figs. 8-9 of Kuehne, with the threaded member inserted through the through-hole and threaded boss, as taught in Iwakami, to achieve the predictable result of securing the two components, i.e. at least one fan and balancer, together and prevent removal of the pieces during use.
Regarding claim 18, Kuehne discloses the portable machining apparatus as claimed in claim 3, but does not explicitly disclose wherein the at least one fan includes a threaded boss protruding toward the balancer, the balancer includes a through-hole formed at a position corresponding to the threaded boss, the protrusion portion protrudes toward the at least one fan around the through-hole, and is shaped and sized in such a manner that an outer periphery of the threaded boss is fitted therein, and the at least one fan and the balancer are fixed to each other using a threaded member inserted in the through-hole and the threaded boss.
However, the embodiment of figs. 8-9 in Kuehne teaches wherein the at least one fan (lower side of item 150, corresponding to dust collection fan in embodiment of figs. 3-5) includes a boss (item 153; fig. 8) protruding toward the balancer (col. 7, ll. 26-29), the balancer includes a through-hole (item 155; fig. 9) formed at a position corresponding to the boss (col. 7, ll. 29-31), the protrusion portion protrudes toward the at least one fan around the through-hole (protrusion portion, corresponding to portion designated in annotated fig. 6 above, protrudes toward lip of main plate, i.e. within recess 72, 74, 75 in which outer edge of protrusion portion abuts, on all sides of through-hole), and is shaped and sized in such a manner that an outer periphery of the boss is fitted therein (col. 7, ll. 29-36), and the at least one fan and the balancer are fixed to each other (col. 7, ll. 32-37).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the at least one fan and balancer, as disclosed in the embodiment of figs. 3-6 of Kuehne, to include a protruding boss on the at least one fan and through-hole on the protrusion portion of the balancer, as taught in the embodiment of figs 8-9 of Kuehne, in order to assist in retaining the balancer to the at least one fan and thereby, creating an interference to prevent removal of the balancer from the at last one fan during use (col. 6, ll. 33-38 and col. 7, ll. 32-37).
Further, neither embodiment in Kuehne discloses wherein the boss is threaded and a threaded member is inserted in the through-hole and the threaded boss to fixed the at least one fan and the balancer to each other. Instead, the embodiment of figs. 8-9 in Kuehne discloses wherein the boss is heat-staked to the through-hole in the balancer.
However, Iwakami (CN 107042495) teaches an analogous structure of connecting two components of a portable machining apparatus, wherein one piece includes a threaded boss (item 61; pp. [0071]; figs. 10-11) and a second piece includes a through-hole (item 62a; pp. [0074]; figs. 10-11), and wherein the two pieces are fixed to each other using a threaded member (item 63; pp. [0071-0073]; figs. 10-11) inserted into the through-hole and the threaded boss (fig. 11).
Both the embodiment of figs. 8-9 of Kuehne and Iwakami disclose means of securing two components to each other via a protruding boss on one component to a through-hole on a separate, second component. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the heat-staking means, as disclosed in the embodiment of figs. 8-9 of Kuehne, with the threaded member inserted through the through-hole and threaded boss, as taught in Iwakami, to achieve the predictable result of securing the two components, i.e. at least one fan and balancer, together and prevent removal of the pieces during use.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Servais (US 2024/0173822) discloses a portable machining apparatus comprising a motor, an output shaft, an eccentric tool accessory, a dust collection fan, a motor cooling fan, and a balancer attached to the dust collection fan, and a flow passage defined to radially exhaust air flow.
Zimmerman (US 2023/0017671) discloses a portable machining apparatus comprising a motor, an output shaft, a tool accessory, a dust collection fan, a motor cooling fan, and a balancer attached to the dust collection fan, and a flow passage defined to exhaust air flow.
Chen (US 2024/0157507) discloses a portable machine comprising a motor, an output shaft, an eccentric tool accessory, a dust collection fan, and a balancer attached to the dust collection fan, and a flow passaged defined between the balancer and the dust collection fan.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SIDNEY D FULL whose telephone number is (571)272-6996. The examiner can normally be reached Monday-Friday, 7:00a.m.-2:30p.m..
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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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/SIDNEY D FULL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723