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 .
Allowable Subject Matter
Claims 1, 4-17 and 19 are allowed.
The following is an examiner’s statement of reasons for allowance: the specific arrangement of the dust protection unit in relationship to the claimed air inlet openings on a hand held power tool render the claim allowable over the prior art.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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.
Claim 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishikawa, US 20050196273.
Regarding claim 20, Nishikawa discloses: A hand-held power tool (Fig. 1, disc grinder 1), comprising:
a cooling unit (Fig. 1, air inlet a1-a3, fan 20) configured to cool the hand-held power tool,
a machine housing (Fig. 1, housing 3) configured to receive the cooling unit,
an air inlet opening (Fig. 1, air inlet a1-a3)defined by the machine housing and configured to admit an air flow into the machine housing, and
a dust protection unit (Fig. 1, lever 2a) configured to reduce dust particles in the air flow, the dust protection unit comprising a dust protection element that is arranged outside the machine housing (see Fig. 1), at least partially covers the air inlet opening such that the air flow is diverted around the dust protection element before entering the air inlet opening (see Fig. 1), and is spaced apart from the air inlet opening in every operating state of the hand-held power tool (see Fig. 1 – the shape of the lever, having a bulbous base relative to the end portion of the lever would necessarily meet the claim limitation),
wherein the dust protection element is a paddle switch configured to switch the hand-held power tool on and off (Fig. 1, lever 2a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL JEREMY LEEDS whose telephone number is (571)272-2095. The examiner can normally be reached Mon-Thurs, 0730-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731