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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/01/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings submitted on 02/01/2024 are being considered by the examiner.
Claim Objections
Claims 1-3, 5-8, 10-12, 17, and 18 are objected to because of the following informalities:
Claims 1-3, 5-8, 10-12, 17, and 18 recite symbols of distances and/or angles in parentheses, however, any word in a parenthesis has no patentable weight. Applicant may delete the symbols with the parentheses.
Claim 17 recites “a maximum distance (k), measured parallel to said rotational axis of said blower wheel, of a side of said electric motor, which is remote from said discharge opening, is not more than 5 centimeters larger than a distance (m), also measured parallel to said rotational axis of said blower wheel, of said handle opening from said discharge opening”. However, fig. 3 shows the distance (k) is smaller than the distance (m). The claim may be amended as “… is not more than 5 centimeters smaller than a distance (m) …”
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 8 and 18 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.
In claim 8, the phrase “said battery defines a longitudinal axis which encloses an angle (γ) of more than 2° with said rotational axis of said blower wheel, wherein said angle (γ) opens in said blower tube counter to said air flow direction” renders claim vague and indefinite. A definition of an angle requires two sides and a vertex. Claim language of claim 8 may provide the two sides reaching to the longitudinal axis of the battery and the rotational axis of the blower wheel, but there is no vertex to measure the angle. For examination purpose the examiner has interpreted the longitudinal axis of the batter and the rotational axis of the blower wheel are not parallel to each other.
In claim 18, the phrase “said maximum distance (k), measured parallel to said rotational axis of said blower wheel, of said side of said electric motor, which is remote from said discharge opening, is smaller than said distance (m), also measured parallel to said rotational axis of said blower wheel, of said handle opening from said discharge opening” renders claim vague and indefinite because claim 17 recites the distance k is larger than the distance m, but the dependent claim 18 recites the distance k is smaller than the distance m. Examiner advises amending claims 17 and 18 to be consistent.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2, 4, 7, 10, 11, and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Kataoka et al. (DE 112020003375T5, cited on 02/01/2024 IDS, hereinafter Kataoka), in view of Suzuki (US 2022/0233036).
Regarding claim 1, Kataoka discloses, in fig. 1, a handheld blower apparatus (blower 1) comprising:
a handle for guiding the blower apparatus during operation (Kataoka English translation, p. 5:35-36, an operator grasps a handle portion 5 [corresponds to the recited handle] of the blower 1 to perform work);
a blower tube (fig. 1 a nozzle 50, a housing 2, a fan case part 3, and a battery mounting part 4 form the recited blower tube);
a blower unit arranged in said blower tube (fig. 3, an inner tubular part 32 and a motor holder 30 [correspond to the recited blower unit] hold a motor 11 and a fan 16);
wherein the blower apparatus defines an intake opening (inlet openings 7b) and a discharge opening (outlet opening 51);
said blower unit having at least one blower wheel configured to be driven rotationally about a rotational axis, the rotational axis being aligned in a direction of an air flow flowing out from said at least one blower wheel during operation (fig. 1, the fan 16 [corresponds to the recited blower wheel] rotates about a rotation axis A1. The rotation axis A1 is aligned in a direction of an air flow from the fan 16);
an electric motor configured to drive said at least one blower wheel (Kataoka English translation, p. 9:12-13, when a power button of a control panel is pressed, the motor 11 rotates and the fan 16 [corresponds to the recited blower wheel] rotates);
a battery configured to supply said electric motor with energy (Kataoka English translation, p. 10:13-15, the motor 11 is powered by the electric power of a battery pack 80);
wherein said battery and said handle are arranged on opposite sides of said blower tube and a handle opening extends between said handle and said blower tube (see annotated Kataoka Fig. 1 below);
the blower apparatus defining a central plane, which intersects said handle and said battery and which contains said rotational axis of said blower wheel (see annotated Kataoka fig. 1 below);
said handle opening having a length (g) measured parallel to said rotational axis (annotated Kataoka fig. 1 below, the handle opening has a length); and,
said blower tube having a top side which, when viewed in a direction perpendicular to said central plane, has an indentation (see annotated Kataoka fig. 1 below for the recited indentation), but does not disclose explicitly the indentation extends over at least 50% of said length (g). Fig. 1 of Kataoka shows an indentation which may be about 50% of the length of the handle opening.
Suzuki teaches, in an analogous handheld cleaning device field of endeavor, the indentation extends over at least 50% of said length (g) (see annotated Suzuki fig. 1A below, a length of indentation is greater than 50% of a handle opening length. Suzuki discloses a vacuum instead of a blower, but it is a handheld device having a handle. Thus, the teaching regarding the handle is applicable to the handle of Kataoka’s blower).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the handheld blower apparatus of Kataoka to provide the indentation length greater than 50% of the handle length opening as taught by Suzuki. It provides more room for a user to grasp the handle for accurate handling of the device.
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Annotated Kataoka Fig. 1
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Annotated Suzuki Fig. 1A
Regarding claim 2, Kataoka as modified by Suzuki teaches the blower apparatus as in the rejection of claim 1, wherein, in at least one intersecting plane which intersects said handle opening and is perpendicular to said rotational axis of said blower wheel, a distance (a) of said rotational axis of said blower unit from said top side of said blower tube running adjacent to said handle opening is smaller than a distance (b) of said rotational axis from an opposite bottom side of said blower tube (see annotated Kataoka fig. 1 above, the distance (a) between the rotational axis and the top side of the blower tube is smaller than the distance (b) between the rotational axis and the bottom side of the blower tube).
Regarding claim 4, Kataoka as modified by Suzuki teaches the blower apparatus as in the rejection of claim 1, wherein said battery defines a longitudinal axis running parallel to said central plane (see annotated Kataoka fig. 1 above).
Regarding claim 7, Kataoka as modified by Suzuki teaches the blower apparatus as in the rejection of claim 1, but does not disclose a distance (a′) of said top side of said blower tube from said rotational axis at said intake opening is greater than a distance (b′) of a bottom side of said blower tube from said rotational axis.
Fig. 1 of Kataoka shows the distance (a’) between the top of the blower tube and the rotational axis at the intake opening 7b is smaller than the distance (b’) between the bottom of the blower tube and the rotational axis at the intake opening 7b. However, specification of the instant application does not explain why the distance (a’) needs to be greater than the distance (b’). It appears the designated distances (a’) and (b’) have altering function regarding intake of the air into the blower. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the blower apparatus of Kataoka to provide the distance (a’) to be smaller than the distance (b’) instead of making it larger. Applicant has not disclosed that by doing so produce any unexpected results or negative effect. The inlet opening 7b of the Kataoka’s blower would perform equally as well. A person of ordinary skill in the art would readily make the distance (a’) to be smaller than the distance (b’) as long as it can properly intake the air into the blower.
Regarding claim 10, Kataoka as modified by Suzuki teaches the blower apparatus as in the rejection of claim 1, wherein said battery is at a distance (n), measured parallel to said rotational axis of said blower wheel, from said discharge opening, said distance (n) being greater than a distance (m), also measured parallel to said rotational axis of said blower wheel, of said handle opening from said discharge opening (see annotated Kataoka fig. 1 above, the distance (n) between the outlet opening 51 [corresponds to the recited discharge opening] and the battery 80 is greater than the distance (m) between the outlet opening 51 and the handle opening).
Regarding claim 11, Kataoka as modified by Suzuki teaches the blower apparatus as in the rejection of claim 1, wherein said electric motor is at a distance (o), measured parallel to said rotational axis of said blower wheel, from said discharge opening, said distance (o) being smaller than a distance (m), also measured parallel to said rotational axis of said blower wheel, of said handle opening from said discharge opening (see annotated Kataoka fig. 3 below, the distance (o) between the motor 11 and the outlet opening 51 [corresponds to the recited discharge opening] is smaller than the distance (m) between the fan 16 [corresponds to the recited blower wheel] and the outlet opening 51).
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Annotated Kataoka Fig. 3
Regarding claim 14, Kataoka as modified by Suzuki teaches the blower apparatus as in the rejection of claim 1, but does not disclose explicitly, in an operating position, a center of gravity of the work apparatus is disposed under said handle (see Kataoka figs. 1 and 2, all heavy components such as the motor 11, the fan 16, and the battery 80 are disposed below the handle 5. Therefore, a center of gravity of the blower is located under the handle).
Regarding claim 15, Kataoka as modified by Suzuki teaches the blower apparatus as in the rejection of claim 1, wherein said electric motor is arranged in said blower tube (Kataoka fig. 3, the motor 11 is disposed in the fan case part 3 which is a part of the blower tube).
Regarding claim 16, Kataoka as modified by Suzuki teaches the blower apparatus as in the rejection of claim 1, wherein said electric motor is arranged in an interior of said blower unit (Kataoka fig. 3, the motor 11 is arranged in the motor holder 30 [corresponds to the recited blower unit]).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kataoka in view of Suzuki, as applied to claim 1 above, in view of Andro (CN 103572725A).
Regarding claim 3, Kataoka as modified by Suzuki teaches the blower apparatus as in the rejection of claim 1, but does not disclose in at least one intersecting plane which intersects said handle opening and is perpendicular to said rotational axis, a width (e), measured perpendicular to said central plane, of said blower tube is greater than a height (f), measured in the central plane, of the blower tube in said intersecting plane. Kataoka discloses a circular blower tube, thus the width (e) and the height (f) are the same.
Andro teaches, in an analogous blower field of endeavor, in at least one intersecting plane which intersects said handle opening and is perpendicular to said rotational axis, a width (e), measured perpendicular to said central plane, of said blower tube is greater than a height (f), measured in the central plane, of the blower tube in said intersecting plane (Andro English translation, p. 2:4-5, the blower tube can be an oval tube. Thus, the width (e) can be greater than the height (f)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the blower tube of Kataoka as modified by Suzuki to provide the oval shape as taught by Andro. This shape is easy to manufacture by molding (Kataoka English translation, p. 2:5).
Claims 5, 6, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kataoka in view of Suzuki, as applied to claim 1 above, in view of Barth et al. (US 2016/0208449, cited on 02/01/2024 IDS, hereinafter Barth).
Regarding claim 5, Kataoka as modified by Suzuki teaches the blower apparatus as in the rejection of claim 1, but does not disclose when viewed in the direction perpendicular to said central plane, a longitudinal center axis of said blower tube in said discharge opening encloses an angle (β) lying in a range of 120° to 175° with said rotational axis of said blower wheel. Kataoka discloses its blower tube is not angled with respect to the tube body including the motor and the blower wheel.
Barth teaches, in an analogous blower field of endeavor, when viewed in the direction perpendicular to said central plane, a longitudinal center axis of said blower tube in said discharge opening encloses an angle (β) lying in a range of 120° to 175° with said rotational axis of said blower wheel. Kataoka discloses its blower tube is not angled with respect to the tube body including the motor and the blower wheel (fig. 1 and ¶ 0064, a blowing-out angle α may range from approximately 10° to approximately 70°. The angle range converted to the angle β of the instant application is from approximately 110° to approximately 170°. Therefore, the angle range of Barth overlaps with the recited angle range).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the blower apparatus of Kataoka as modified by Suzuki to provide the recited angle range as taught by Barth. The angled blower tube allows air is blown to a ground surface without intentionally tilting the blower. It adds convenience to a user.
Regarding claim 6, Kataoka as modified by Suzuki and Barth teaches the blower apparatus as in the rejection of claim 5, wherein the angle (β), when viewed in the direction perpendicular to said central plane, lies in a range of 140° to 170° (Barth, fig. 1 and ¶ 0064, Barth discloses the equivalent angle β range from approximately 110° to approximately 170°. The angle range of Barth overlaps with the recited angle range).
Regarding claim 17, Kataoka as modified by Suzuki teaches the blower apparatus as in the rejection of claim 1, but does not disclose a maximum distance (k), measured parallel to said rotational axis of said blower wheel, of a side of said electric motor, which is remote from said discharge opening, is larger than a distance (m), also measured parallel to said rotational axis of said blower wheel, of said handle opening from said discharge opening.
Barth teaches, in an analogous blower field of endeavor, a maximum distance (k), measured parallel to said rotational axis of said blower wheel, of a side of said electric motor, which is remote from said discharge opening, is larger than a distance (m), also measured parallel to said rotational axis of said blower wheel, of said handle opening from said discharge opening (fig. 2, the distance (k) between a blow-out opening 8 [corresponds to the recited discharge opening] and a motor 14 is greater than the distance (m) between the blow-out opening 8 and a handle opening).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the blower apparatus of Kataoka as modified by Suzuki to provide the distance (k) to be greater than the distance (m) as taught by Barth. This arrangement allows the motor to be disposed directly below the handle so that it may be easier for a user to operate the blower.
Kataoka as modified by Suzuki and Barth does not disclose the distance difference is not more than 5 centimeters. Specification of the instant application presents the recited distance difference allows a compact arrangement and favorable weight distribution of the blower apparatus (¶ 0026).
As discussed above, Barth discloses the claimed invention that the distance (k) is greater than the distance (m) without disclosing numerical value of the distance difference. The greater distance difference would make a center of gravity away from the handle so that a user may have to constantly adjust a position of the blower. Because relative positions of the motor and the handle opening are taught as shown in fig. 2 of Barth, it would have been obvious to one having ordinary skill in the art at the time the invention was made to provide the distance difference to be not more than 5 centimeters, since such a modification would have involved a mere change in the size of the handle length from the intake opening 7. A change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04(IV)(A).
Regarding claim 18, Kataoka as modified by Suzuki and Barth teaches the blower apparatus as in the rejection of claim 17, wherein said maximum distance (k), measured parallel to said rotational axis of said blower wheel, of said side of said electric motor, which is remote from said discharge opening, is smaller than said distance (m), also measured parallel to said rotational axis of said blower wheel, of said handle opening from said discharge opening (see annotated Kataoka figs. 1 and 3 above, the distance (k) between the outlet opening 51 [corresponds to the recited discharge opening] and a motor 11 is smaller than the distance (m) between the outlet opening 51 and the handle opening).
Claims 8, 9, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kataoka in view of Suzuki, as applied to claim 1 above, in view of Tirone et al. (US 2016/0265540, cited on 02/01/2024 IDS, hereinafter Tirone).
Regarding claim 8, Kataoka as modified by Suzuki teaches the blower apparatus as in the rejection of claim 1, but does not disclose said battery defines a longitudinal axis which encloses an angle (γ) of more than 2° with said rotational axis of said blower wheel, wherein said angle (γ) opens in said blower tube counter to said air flow direction.
Tirone teaches, in an analogous blower field of endeavor, said battery defines a longitudinal axis which encloses an angle (γ) of more than 2° with said rotational axis of said blower wheel, wherein said angle (γ) opens in said blower tube counter to said air flow direction (as discussed in 112(b) rejection above, claim does not provide necessary information to define the angle (γ). However, the intended meaning is that the rotational axis and the longitudinal axis are not parallel to each other. As shown in annotated Tirone fig. 2 below the two recited axes are not parallel to each other).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the blower apparatus of Kataoka as modified by Suzuki to provide the recited angle relation between the rotational axis and the longitudinal axis as taught by Tirone. The angle of two axes allows the blower tube to point downward. Thus, a user can naturally blow dust on the ground surface without intentionally tilting the blower.
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Annotated Tirone Fig. 2
Regarding claim 9, Kataoka as modified by Suzuki teaches the blower apparatus as in the rejection of claim 1, further comprising:
a housing (Kataoka fig. 1, fan case part 3 and battery mounting part 4);
a mechanical locking unit arranged at least partially between said battery and said blower tube and having an actuating element; said battery being held on said housing via said mechanical locking unit (Kataoka figs. 1 and 2, an axial groove 9a [corresponding to the recited actuating element] of a mounting groove part 9 [corresponds to the recited mechanical locking unit] is located between the battery mounting part 4 and the battery 80. The battery 80 is held below the battery mounting part 4 by the mounting groove part 9), but does not disclose said blower tube having a bulge into which said actuating element projects.
Tirone teaches, in an analogous blower field of endeavor, said blower tube having a bulge into which said actuating element projects (figs. 1 and 4, a battery 22 is attached to a blower housing 12 [corresponds to the recited blower tube] through a battery housing 20. The battery housing 22 can be designated as a part of the blower tube and it is formed as a recess to receive the battery. Examiner notes that fig. 7 of the instant application shows the bulge 48 as a recess at the bottom of the blower tube for receiving the battery. The axial groove of Kataoka can be disposed within the recess of Tirone to form the mechanical locking unit for the battery).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified blower apparatus of Kataoka as modified by Suzuki to provide the blower tube having the bulge as taught by Tirone in order to provide a secure holding place for the battery.
Regarding claim 12, Kataoka as modified by Suzuki teaches the blower apparatus as in the rejection of claim 1, but does not disclose a largest distance (c), measured parallel to said rotational axis, of said intake opening from said discharge opening is greater than a distance (d) of an end of said battery, which is remote from said intake opening, from said discharge opening.
Tirone teaches, in an analogous blower field of endeavor, a largest distance (c), measured parallel to said rotational axis, of said intake opening from said discharge opening is greater than a distance (d) of an end of said battery, which is remote from said intake opening, from said discharge opening (annotated Tirone fig. 2 above, the distance (c) between an exhaust end 18B [corresponds to the recited discharge opening] and an air intake grill 16 [corresponds to the recited intake opening] is greater than the distance (d) between the exhaust end 18B and the battery 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the blower apparatus of Kataoka as modified by Suzuki to provide the distance (c) to be greater than the distance (d) as taught by Tirone. Otherwise the battery would be located close to or at a rear end of the blower and it makes the end of the blower to be heavy. This arrangement would easily make the blower tube to point upward, and it would be inconvenient to blow dust on the ground surface.
Regarding claim 13, Kataoka as modified by Suzuki teaches the blower apparatus as in the rejection of claim 1, but does not disclose said intake opening has a first end-side intake area and a second intake area on a circumference of said blower tube. The intake opening of Kataoka is not circular to designate the areas on a circumference of the blower tube.
Specification of the instant application states the reason for having the first end-side intake area and the second intake area is to have an open intake area when one of them is blocked (¶ 0023). However, the instant application does not present two air paths within the blower tube. The first and second intake areas are just different parts of the same intake opening, thus they do not separate the air flow.
Tirone teaches, in an analogous blower field of endeavor, said intake opening has a first end-side intake area and a second intake area on a circumference of said blower tube (fig. 4, Tirone discloses a circular air intake grill 16 [corresponds to the recited intake opening]. An upper circumference of the air intake grill 16 can be designated as the recited first end-side intake area and a lower circumference of the air intake grill 16 can be designated as the recited second intake area. Fig. 6 of the instant application shows the first end-side intake area 51 is simply an upper circumference of the intake area and the second intake area is simply a lower circumference of the intake area).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the intake opening of Kataoka as modified by Suzuki to provide the first end-side intake area and the second intake area on the circumference of the blower tube as taught by Tirone so that air enters the blower to be propelled out to the discharge opening.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUKWOO JAMES CHANG whose telephone number is (571)272-7402. The examiner can normally be reached M-F 8:00a-5:00p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at (313) 446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.J.C./Examiner, Art Unit 3723
/DAVID S POSIGIAN/Supervisory Patent Examiner, Art Unit 3723