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 07/22/2026 has been entered. Claims 1, 5-9, and 18 are pending in the application.
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, 5-9, 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.
Claim 1 recites the limitation "the second connector" in line 27 (line 5, page 2). There is insufficient antecedent basis for this limitation in the claim.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Furusawa (U.S. Pub. No. 2019/0381618) in view of Grossman (US 20040251041 A1) and further in view of McCormick et al. (US 20040231870 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), a power cable (92) configured to supply utility power, the power cable configured to supply utility power [0092] and a tool-body controller (14) with a first lead wire connecting the first switch (10) and the tool-body controller (casing 41 terminal electrical connection [0053])
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 and a tool-body controller configured to control the alternating current motor in response to an operation on the first switch, a first lead wire connecting the first switch and the tool-body controller, a first connector, and a second lead wire connecting the second switch and the first connector, a dust-collector controller configured to supply power to the direct current motor, a third lead wire connecting the dust-collector controller and the direct current motor, a second controller connectable to the first connector, a fourth lead wire connecting the second connector and the dust-collector controller, and a dust-collector power path extends from the battery pack to the direct current motor via the dust-collector controller and the third lead wire, the dust-collector power path is electrically separate from a tool-body power path extending from the power cable to the alternating current motor via the tool-body controller with the dust collection attachment attached to the power tool, the power tool includes a signal path extending from the second switch to the direct current motor via the second lead wire, the first connector, the second connector, the fourth lead wire, the dust-collector controller, and the third lead wire with the dust collection attachment attached to the power tool and the second switch drives the direct current motor in response to an operation on the switch lever with the second switch electrically separate from the first lead wire.
Grossman teaches a hand held cordless rotary hammer (1, [0029], fig. 1) with a battery pack (4), dust collection unit (40), a tool-body controller (electrical connection arrangement (Z), fig. 7) configured to control a motor (49) in response to an operation on a first switch (20), teaches having a power cable electrically connected to the tool-body controller [0002], a first lead wire connecting the first switch (line from electronic module fig. 7) and the tool-body controller (Z, fig. 7), a first connector (X), and a second lead wire (wire shown going to electronic module) connecting a second switch (electronic module) and the first connector (X with switch info switch shown with wire fig. 7), a dust-collector controller (electronic module, fig. 7) configured to supply power to the motor (49), a third lead wire connecting the dust-collector controller and the motor (M-/M+, fig. 7), a second controller (hammer controller) connectable to the first connector (X), a fourth lead wire connecting a second connector (W) and the dust-collector controller, and a dust-collector power path extends from the battery pack (4) to the motor (49) via the dust-collector controller and the third lead wire ([0030-0043], figs. 1-7).
McCormick et al. teaches an electric clamp (10 [0032], fig. 1), control cable 72, a motor (14), slave motor 32, a device power path first wire that is electrically separate from a tool-body power path to an alternating current motor via a tool-body controller with another device attached to the power tool, the power tool includes a signal path extending from a switch to a direct current motor via a second lead wire, a first connector, a second connector, a fourth lead wire, the device controller, and the third lead wire with the dust collection attachment attached to the power tool and the second switch drives the direct current motor in response to an operation on the switch lever with the switch electrically separate from the first lead wire (separate motor supplies and logic controllers with electronic isolation to avoid electrical noise ([0033-0037, 0048-0050, 0071], figs. 1-7).
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 avoid 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 Grossman and McCormicket al.
Claims 5-7 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Furusawa (U.S. Pub. No. 2019/0381618) in view of Grossman (US 20040251041 A1) in view of McCormick et al. (US 20040231870 A1) and further in view of Iida (U.S. Pub. No. 2020/0306904).
Regarding claims 5-7 and 18, Furusawa/modified Furusawa teaches all of the elements of the current invention as stated above except for explicitly teaching the alternating current motor is activated after the direct current motor is activated in response to an on-operation on the first switch wherein the direct current motor is deactivated after the alternating current motor is deactivated in response to an off-operation on the first switch, wherein the dust collection attachment is vertically movable relative to the power tool to be attached to and detached from the power tool, and the dust collection attachment is electrically connected to the power tool to activate the responsive unit upon being attached to the power tool.
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), 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, figs. 1-2), 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).
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 having the alternating current motor is activated after the direct current motor is activated in response to an on-operation on the first switch wherein the direct current motor is deactivated after the alternating current motor is deactivated in response to an off-operation on the first switch, wherein the dust collection attachment is vertically movable relative to the power tool to be attached to and detached from the power tool, and the dust collection attachment is electrically connected to the power tool to activate the responsive unit upon being attached to the power tool to avoid incorrect overloading the circuit, efficient start/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.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Furusawa (U.S. Pub. No. 2019/0381618) in view of Grossman (US 20040251041 A1) in view of McCormick et al. (US 20040231870 A1) and further in view Wierzchon (U.S. Patent No. 11,491,597).
Regarding claims 8 and 9, Furusawa teaches a light (61) to indicate when switch (10) is on but fails to disclose a visual indicator configured to indicate a battery pack power level.
Iida teaches having a level indicator [0059].
McCormick et al. teaches having a test display, status lights [0052-0055]
Wierzchon teaches 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 and teachings of Iida and McCormick et al. to have visual indicators, 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, 5-9, and 18 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: Zheng et al. (US 20120086791 A1) - separating power sources for different devices to reduce noise see form 892.
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 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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