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 filed 07/02/2026 have been fully considered but they are not persuasive.
Regarding Applicants arguments towards claim 1, Applicant argues that the Lutz reference only discloses “the at least one opening penetrates a first surface and a second surface of the motor end plate, the first surface and the second surface are opposite to each other, and the electric motor is not provided on one of the first surface and the second surface” and does not disclose “the at least electric motor is provided on one of the first surface and the second surface”.
Applicant cited Para [0092] “The bearing unit 25 and the drive unit 13 are configured so as to be spaced apart at the free end in the radial direction of the drive axis A from the second housing part 19.” As evidence that Lutz does not disclose the discussed limitation. However, Examiner respectfully disagrees, as this passage from Lutz is discussing that the bearing unit (25) and the drive unit (13) together are configured to be spaced apart from the housing part 19 at the free end in the radial direction, not that 25 and 13 are spaced apart from each other, which is consistent with the figures of Lutz. As such Examiner does not find these arguments persuasive.
Also, Examiner notes for clarity of the record that Applicants arguments refer to an annotated Fig of Fig. 5 of Lutz, however, there appears to be an error with the filed response, as only a small portion of the annotated figure is visible. The above response are in view of Examiners best attempts to follow Applicants arguments without the annotated figure.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1, 2, 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kuehne (US 10971966 B2) in view of Lutz (US 20220243769 A1) and Sakai (US 20200055159 A1).
Regarding Claim 1, Kuehne discloses
An electric grinding machine, comprising:
a housing (Casing 40 comprising of partition assembly 5, motor assembly 14 and transmission assembly 18);
an electric motor (14), provided in the housing;
an end plate (240), provided in the housing, and the end plate formed with at least one opening (through-hole in the center of 206 and 240) and at least one first annular structure (252 and 254), wherein the at least one opening penetrates a first surface and a second surface of the motor end plate (See through holes in plate 240 through surface 246 (front and back, as the first and second surfaces, and 262 similarly), the first surface and the second surface opposite to each other (See Fig. 7 showing the surfaces on opposite sides of the end plate); and
an airflow generating member (206), connected to the electric motor, the airflow generating member generating a heat dissipation airflow in the housing along with rotation of the electric motor (Col 6 Line 19-26 “The fan 206 is rotatably driven by the motor output shaft 92 in order to cool the motor assembly 14. The fan 206 has a generally disk shaped body 205 with a central hub 214 that is keyed to the output shaft 92 via a keyway 216, a front face portion 208 that faces toward the transmission assembly 18, and a rear face portion 210 that faces toward the remainder of the motor assembly 14.”), the airflow generating member formed with at least one second annular structure matched with the at least one first annular structure (See Col 7 Line 48-52 “At the same time, the first annular projection 252 on the cover 240 is received in the first annular recess 220 in the fan 206, and the second annular projection 254 is received in the second annular recess 222 in the fan 206.”), and a plurality of dust-blocking points (Labyrinth Path A and B) jointly defined by the at least one first annular structure and the at least one second annular structure (See Col 7 Line 53- Col 8 Line 3
“A first space 255 between the first projection 252 and the walls 224, 226, 228 that bound the first annular recess 220 defines a first labyrinth path A having a first generally U-shaped undulation. A second space 256 between the second projection 254 and the walls 230, 232, 234 that bound the second annular recess 222 defines a second labyrinth path B having a second generally U-shaped undulation.
Together, the first labyrinth path A and the second labyrinth path B of the partition assembly 5 reduce or inhibit migration of grease and dust contamination between the transmission assembly 18 and the motor assembly 14 by trapping grease and/or dust. The multiple labyrinth path is significantly more effective in trapping the grease than is a single labyrinth path. In alternate embodiments, there may be more than two labyrinth paths. In addition, one or more of the labyrinth paths may have a different configuration such as crenellated, bustrophedonic, wave-like, S-shaped, Z-shaped, and/or sinusoidal.”).
But does not explicitly disclose
The housing formed with at least one inlet hole;
The end plate is a motor end plate, provided in the housing, the electric motor located on the motor end plate, and the motor end plate formed with at least one opening without being shielded by the electric motor, the electric motor is provided on one of the first surface and the second surface and
the heat dissipation airflow entering from the at least one inlet hole and flowing through a surface of the electric motor, and passing through the at least one opening,
However, Lutz does disclose a similar power tool with a cooling function including
a motor end plate (25), provided in the housing (15), the electric motor (13) located on the motor end plate (See Fig. 8, showing motor housing 19 (Para [0082] “The machine housing 15 has a first housing part 17 which is configured as a transmission housing and a second housing part 19 which surrounds the drive unit 13.” mounted on the endplate 25 in an exploded view), and the motor end plate formed with at least one opening (61) without being shielded by the electric motor (See Figs. 4, 5 and 8 showing holes 61) and at least one first annular structure disposed at a side distanced from the electric motor (13), the electric motor is provided on one of the first surface and the second surface (See Fig. 7 showing motor 13 provided on a first surface of 25) ;
It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the end plate to be a motor endplate abutting the motor as doing so would allow for the motor end plate to be able to guide the airflow, giving more control over the flow path of the air and what the air is provided to cool (See Para [0108] of Lutz) and to modify the location of the first annular structure of the Kuehne to be disposed on a side of the motor endplate distanced from the electric motor as doing so would define a spacing between the motor and additional components such as the transmission and allow them to be placed in a simple and reliable way (See Para [0026] of Lutz “The first stop element is provided to define a spacing of the bearing unit and therefore of the drive unit with respect to the transmission unit. As a result, the bearing unit can be positioned exactly in a particularly simple and reliable way.”).
Sakai discloses a similar rotary power tool wherein the housing (3) includes at least one inlet hole (3b)
the heat dissipation airflow entering from the at least one inlet hole and flowing through a surface of the electric motor, and passing through the at least one opening (See Para [0030] “The cooling air is suctioned from the ventilating windows 3b (refer to FIG. 1) arranged at both right and left surfaces of the rear cover 3, flows around the case 50 accommodating the circuit board 51 from the rear side to the front side, passes through an opening (not shown) arranged in a bearing holder 2b of the motor housing 2, and flows into an accommodation space of the motor 5.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the housing of the rotary tool to include at least one inlet hole in order to provide cooling air to be suctioned via the air moving assembly as advantageously disclosed by Sakai, See Par [0030] “The cooling air is suctioned from the ventilating windows 3b (refer to FIG. 1) arranged at both right and left surfaces of the rear cover 3, flows around the case 50 accommodating the circuit board 51 from the rear side to the front side, passes through an opening (not shown) arranged in a bearing holder 2b of the motor housing 2, and flows into an accommodation space of the motor 5.”
Regarding Claim 2, Kuehne as modified discloses all the limitations and as best understood by examiner suggests wherein a number of the at least one first annular structure and a number of the at least one second annular structure are N +1 and N, respectively, and N is greater than or equal to one (See Kuehne Col 7 Line 53- Col 8 Line 3 cited above discussing the annular structures and possible variations).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the annular mating surfaces in such a way that wherein a number of the at least one first annular structure and a number of the at least one second annular structure are N and N+1, respectively, and N is greater than or equal to one as doing so would be an equivalent variation of the dust blocking structure described in Kuehne as for the purposes of preventing grease and debris from clogging up the structure.
Regarding Claim 10, Kuehne as modified discloses all the limitations of claim 1 But does not explicitly disclose wherein the housing comprises an outlet hole facing the airflow generating member.
However, Sakai discloses wherein the housing (3) comprises an outlet hole (seen at arrow 15a in Fig. 2) facing the airflow generating member (15).
And Lutz discloses wherein the motor end plate (25) comprises an outlet hole (67) facing the airflow generator.
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the housing of Kuehne as modified to include an outlet hole as doing so would allow for cooling air to be exhausted from the rotary tool after cooling the motor, and ensure proper airflow throughout the rotary tool.
Regarding Claim 11, Kuehne as modified discloses all the limitations of claim 1 and in addition discloses wherein the motor end plate is formed with a plurality of openings (61) disposed along with an edge of the electric motor (See Fig. 4).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the motor end plate to include a plurality of openings as doing so would allow for better air flow over the motor unit as advantageously described by Lutz Para [0104] “The air introduction opening 61 is provided to conduct an air stream L1 in such a way that a circumferential region 57 of the drive unit 13 and of the bearing housing 27 is flowed around in the axial direction. The air introduction opening 61 is provided to conduct the air stream L1 from the circumferential region 57 of the bearing housing 27 into an interior or into an inner region of the bearing housing 27. The air stream L1 is provided to flow around the drive stator 13a in the axial direction, in particular completely. The drive unit 13 is arranged in the machine housing 15 in such a way that the air stream L1 surrounds or flows around a circumferential face 57a of the bearing unit 25 and of the drive unit 13.”
Regarding Claim 12, Kuehne as modified discloses all the limitations of claim 1 and in addition discloses wherein the airflow generating member is disposed between a tool head (See front end of the power tool in figure 1 of Kuehne) and the motor end plate (Contacting motor assembly 14 of Kuehne, airflow generator is located in partition assembly which is between motor assembly 14, and transmission assembly 18, when viewing Fig.1, the assembly is located between the tool head and end plate).
But does not disclose wherein the tool head is an eccentric block.
However, Lutz discloses a power tool Wherein the tool head (tool head 17) is an eccentric block (See Figs 1 and 8 of Lutz).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the tool head to be an eccentric block, as one of ordinary skill in the art would understand the shape of the forward block/tool head of the power tool would be dependent on the purpose of the power tool (As lutz uses an angle grinder in its exemplary embodiment while Kuehne is concerned with a drill type power tool, which requires different shaped forward portion) and are equivalents for the purposes of providing an airflow generating member for cooling a motor. See MPEP 2144.06 II.
Regarding Claim 13, Kuehne as modified discloses all the limitations of claim 2 and in addition discloses Wherein the at least one first annular structure is not in contact with the airflow generating member, and the at least one second annular structure is not in contact with the motor end plate (See Kuehne Col 7 Line 53- Col 8 Line 3 cited above in the rejection of claim 1 discussing the annular structures of the end plate 240 being received in the annular structure of the airflow generator 206, forming labyrinth paths, which are gaps air can pass through while trapping debris and grease).
Claim(s) 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kuehne (US 10971966 B2) in view of Lutz (US 20220243769 A1) and Sakai (US 20200055159 A1) as modified in claim 1 and in further view of Baker (US 8397342 B2).
Regarding Claim 3, Kuehne as modified discloses all the limitations of claim 1 and in addition discloses wherein the airflow generating member (Kuehne 206) comprises a base (Kuehne 208) and a plurality of fan blades (Kuehne 212) disposed on the base (See Kuehne Fig. 6), the plurality of fan blades (Kuehne 212) but does not disclose wherein the fan blades are located at a surface of the base same as the at least one second annular structure, and closer to an edge of the base than the at least one second annular structure.
Baker discloses a similar fan assembly in a power tool including a series of blades (310) located on a base on the same side as an annular structure (See Fig. 6 290 and 314 form labyrinth seal 304, See Col 12 Line 33-39 “The second seal 304 is in the form of a labyrinth seal having one or more barriers (e.g., projections, etc.). According to the embodiment illustrated, the second seal 304 comprises one or more annular projections 314 (e.g. barriers, etc.) extending from the second impeller 306 which cooperate with the sealing projections 290 extending from the compression ring 274 to form the labyrinth seal.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the location of the annular structure and blades to be located on the same side of the base and to have the blades exterior to the annular structure to form a seal that is appropriate to block debris from air flow path from reaching the operating end of the power tool as advantageously suggested in Baker Col 12 Line 43-54 “Similarly, gaps are provided between free ends of the sealing projections 290 and the substantially planar portion 308 of the second impeller 306. The size of such gaps are minimized. These gaps define a passage (such as, e.g., represented by arrow 301 in FIG. 6) through which debris would have to follow in order to reach the operating end 170 of the rotary cutting tool 100. According to various other exemplary embodiments, the second seal 304 may include any number of barriers, aligned at any of a variety of orientations, for restricting the passage leading to the joint between the output shaft and the output shaft extension 220.”
Regarding Claim 4, Kuehne discloses all the limitations of claim 3 and in addition discloses wherein the at least one opening (61 of Lutz) is disposed to on a surface edge of the electric motor (61 of Lutz is disposed on the surface of the housing 27 containing drive unit 13), and the at least one first annular structure is arranged within a projection range of the electric motor (the first annular structure 252 of Kuehne is within a longitudinal projection of the motor assembly 14, See Fig. 8).
Regarding Claim 5, Kuehne discloses all the limitations of claim 4 and in addition discloses wherein the electric motor (Kuehne 14) comprises a rotor (Kuehne 17) and a stator (Kuehne 15) disposed around the rotor, and a part of the stator is exposed on the surface of the electric motor (See Fig. 3a showing the stator on the exterior surface of the motor assembly 14).
Regarding Claim 6, Kuehne discloses all the limitations of claim 5 but does not explicitly disclose wherein the electric grinding machine comprises a control circuit board disposed in the housing and connected to the electric motor, and the at least one inlet hole is arranged such that cooling air passes over the control circuit board.
However, Sakai discloses a similar rotary grinding tool including a control circuit disposed in the housing and the at least one inlet hole is configured to provide cooling air to the control circuit (See Para [0030] “The cooling fan 15 is, for example, a plastic centrifugal fan, and is attached to the rotary shaft 9 of the motor 5 to generate, by rotation of the motor 5, flow of air (cooling air) for cooling the motor 5, a control circuit, or the like in directions represented by a plurality of black arrows inside the housing. The cooling air is suctioned from the ventilating windows 3b (refer to FIG. 1) arranged at both right and left surfaces of the rear cover 3, flows around the case 50 accommodating the circuit board 51 from the rear side to the front side, passes through an opening (not shown) arranged in a bearing holder 2b of the motor housing 2, and flows into an accommodation space of the motor 5.”).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the rotary tool to include a control circuit as doing so would allow the operator better control over the start, stop and rotation speed of the rotary tool as advantageously disclosed in Para [0041] “The control circuit 70 is a control unit for performing the start, stop, and rotation speed control of the motor 5 and is configured to include a microcomputer (hereinafter, referred to as microcomputer).” of Sakai and it would be further obvious to position the control circuit near the air inlet hole in order to keep the control circuit cool and prevent it from overheating.
Regarding Claim 7, Kuehne discloses all the limitations of claim 6 but does not explicitly disclose wherein the housing comprises an outlet hole facing the airflow generating member.
However, Sakai discloses wherein the housing (3) comprises an outlet hole (seen at arrow 15a in Fig. 2) facing the airflow generating member (15).
And Lutz discloses wherein the motor end plate (25) comprises an outlet hole (67) facing the airflow generator.
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the housing of Kuehne as modified to include an outlet hole as doing so would allow for cooling air to be exhausted from the rotary tool after cooling the motor, and ensure proper airflow throughout the rotary tool.
Regarding Claim 8, Kuehne as modified discloses all the limitations of claim 7 and in addition discloses wherein the airflow generating member is disposed between a tool head (See front end of the power tool in figure 1 of Kuehne) and the motor end plate (Contacting motor assembly 14 of Kuehne, airflow generator is located in partition assembly which is between motor assembly 14, and transmission assembly 18, when viewing Fig.1, the assembly is located between the tool head and end plate).
But does not disclose wherein the tool head is an eccentric block.
However, Lutz discloses a power tool wherein the airflow generating member is disposed between an eccentric block (tool head 17) and the motor end plate (63).
It would be obvious to one of ordinary skill in the art before the effective filling date of the invention to modify the tool head to be an eccentric block, as one of ordinary skill in the art would understand the shape of the forward block/tool head of the power tool would be dependent on the purpose of the power tool (As lutz uses an angle grinder in its exemplary embodiment while Kuehne is concerned with a drill type power tool, which requires different shaped forward portion) and are equivalents for the purposes of providing an airflow generating member for cooling a motor. See MPEP 2144.06 II.
Regarding Claim 9 Kuehne discloses all the limitations of claim 8 and in addition discloses Wherein the at least one first annular structure is not in contact with the airflow generating member, and the at least one second annular structure is not in contact with the motor end plate (See Kuehne Col 7 Line 53- Col 8 Line 3 cited above in the rejection of claim 1 discussing the annular structures of the end plate 240 being received in the annular structure of the airflow generator 206, forming labyrinth paths, which are gaps air can pass through while trapping debris and grease).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Tyler James McFarland whose telephone number is (571)272-7270. The examiner can normally be reached M-F 7:30AM-5PM (E.S.T), Flex First Friday.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T.J.M./Examiner, Art Unit 3723
/DAVID S POSIGIAN/Supervisory Patent Examiner, Art Unit 3723
