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 Amendment
The amendment filed 07/10/2025 has been entered. Claims 1-2, 5-9, 12, 15 and 18-19 are pending in the application.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the phrase “a second signal path electrically connected to the second switch and the direct current motor with the dust collection attachment attached to the power tool, wherein the second switch drives the direct current motor in response to an operation on the switch lever with the second switch electrically separate from a signal path of the first switch” is not found in the specification. What is the first signal path? Is there a first signal path? Is the second signal path signal lead wire 97? How many signal paths are there?
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 1-2, 5-9, 12, 15 and 18-19 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 1 recites the limitation "a second signal path" and “a signal path”. There is confusion as to how many signal paths there. What is the first signal path? Is there a first signal path? How many signal paths are there? Is the phrase “a signal path” referring to the prior recited “a second signal path” or some other signal path (i.e. a first)? Moreover, the specification recites “responsive unit may have a structure other than the structure with the subswitch. For example, a single switch may have two signal paths that are electrically separate from each other. In this case, a first signal path may be connected to the tool-body controller through the main lead wire, and a second signal path may be connected to the dust collection attachment through the sub-lead wire” (instant application specification [0049]). The claimed “switch lever”, “first switch” and “second switch” are a different embodiment that is not a “single switch” and therefore does not have the claimed first and/or second signal path. It appears applicant is mixing embodiments?
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 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.
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, 5-7, 12, 15 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Furusawa (U.S. Pub. No. 2019/0381618) in view of Iida (U.S. Pub. No. 2020/0306904) and further in view of HUIFU (US 20130008677 A1).
Regarding claim 1, Furusawa discloses (see Figure 1) a dust collection system (40) for a power tool (1), the system (8) comprising: a power tool (1) including a switch lever (11), a first switch (10) configured to turn on by the switch lever (11; see Paragraph 0037), an alternating current motor (5) drivable with the first switch (11; see Paragraph 0061), and a tool-body power path extending from utility power to the motor (5); and a dust collection attachment (41) attachable to the power tool (1) to collect dust produced by the power tool (1) in use, the dust collection attachment (41) including a suction portion (70), a dust collector (43) configured to capture dust sucked through the suction portion (see Paragraph 0045), a fan (54) configured to generate a suction force in the suction portion (70; see Paragraph 0070), a motor (52) configured to rotate the fan (54), a battery pack (13) configured to supply power to the motor (see Paragraph 0037), and a dust-collector power path extending from the battery pack (13) to the motor (52).
Furusawa discloses all of the elements of the current invention as stated above except for the incorporation of a second switch electrically connected to a motor via a duct-collector power path that is electrically separate from the first switch that electrically connected to a motor via a tool-body power path, the second switch configured to turn on by the switch lever and a second signal path electrically connected to the second switch and the direct current motor with the dust collection attachment attached to the power tool, wherein the second switch drives the direct current motor in response to an operation on the switch lever with the second switch electrically separate from a signal path of the first switch.
Iida discloses (see Figure 1 and Figure 2) a dust collection system (7) for a power tool (2), the system (7) comprising: a power tool (2) including a switch lever (261), a first switch (263) configured to turn on by the switch lever (261; see Paragraph 0037), a second switch (8) separate from the first switch (263), the second switch (8) is configured to turn on by the switch lever (261) and drive a direct current motor in response to operation of the switch lever (261) and the second switch (8) is electrically separate from a signal path of the switch (see Paragraph 0050).
HUIFU teaches having a switch lever (440), a first switch (button 452) configured to turn on by the switch lever, a second switch (safety switch 458 and/or switch 459) separate from the first switch, the second switch configured to turn on by the switch lever and a second signal path electrically connected to the second switch and a direct current motor (410),wherein the second switch drives the direct current motor in response to an operation on the switch lever with the second switch electrically separate from a signal path of the first switch (Power cables 454 and switches control rotation direction ([0045], figs. 1 and 6-10).
Given the teachings of Furusawa to have a trigger with a plurality of switches and a dust collector, it 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 to modify the motor controls with a responsive unit configured to drive a motor in response to a switch electrically separate from the switch, a second switch separate from the first switch, the second switch configured to turn on by the switch lever and a second signal path electrically connected to the second switch d the direct current motor with the dust collection attachment attached to the power tool, wherein the second switch drives the direct current motor in response to an operation on the switch lever with the second switch electrically separate from a signal path of the first switch to have a safety switch to avoidi incorrect operation of the tool, stop/shutdown, control the speed of the motor and/or rotation direction and to have more precise action on a workpiece (avoid having debris build up around the workpiece) and/or for enabling a dust collector to be controlled in conjunction with the operation of the power tool.as taught by Iida and HUIFU
Regarding claim 2, Iida teaches (see Figure 1 and Figure 2) wherein the power tool (2) includes a tool-body controller (5) configured to control the alternating current motor (31) in response to an operation on the first switch (261/263), and the tool-body power path extends from the utility power (93) to the alternating current motor (31) through the tool-body controller (5) and is electrically separate from the dust-collector power path (as seen in Figure 2).
Regarding claims 5 and 12, Iida teaches (see Figure 1 and Figure 2) wherein the alternating current motor (31) is activated after the direct current motor (711) is activated in response to an on-operation on the first switch (see Paragraph 0060).
Regarding claims 6, 15, and 18, Iida teaches (see Figure 1 and Figure 2) wherein the direct current motor (711) is deactivated after the alternating current motor (31) is deactivated in response to an off-operation on the first switch (see Paragraph 0061).
Regarding claim 7 and 19, Iida teaches (see Figure 1 and Figure 2) wherein the dust collection attachment (7) is vertically movable relative to the power tool (2) to be attached to and detached from the power tool (2), and the dust collection attachment (7) is electrically connected to the power tool (2) to activate the responsive unit upon being attached to the power tool (see Paragraph 0040).
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Furusawa (U.S. Pub. No. 2019/0381618) in view of Iida (U.S. Pub. No. 2020/0306904) in view of HUIFU (US 20130008677 A1) and further in view Wierzchon (U.S. Patent No. 11,491,597).
Furusawa in view of Iida in view of HUIFU discloses all of the elements of the current invention as stated above except for explicit disclosure of a visual indicator configured to indicate a battery pack power level.
Regarding claims 8 and 9, Wierzchon discloses wherein a power tool that includes a dust collection attachment (36) includes an indicator (72) configured to provide a visual indication that a battery pack (66) has a power level lower than or equal to a predetermined level (see Column 7, line 44-47).
Given the teachings of Furusawa to have a trigger with a plurality of switches and a dust collector, it 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 to modify the motor controls with a visual indicator configured to indicate a battery pack power level provide available power feedback and/or for battery status taught by Wierzchon.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-2, 5-9, 12, 15 and 18-19 have been considered but are moot because the new ground of rejection does not rely on all references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Additional prior art considered pertinent: see form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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/ROBERT F LONG/Primary Examiner, Art Unit 3731
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