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 .
This action is in response to the documents received on January 27, 2026.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on January 27, 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to the claims 1-19 have been considered but are moot because the new ground of rejection does not rely the reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over AOKI (US 2022/0184793, hereinafter AOKI ‘793) in view of AOKI (EP 3 144 110, hereinafter AOKI ‘110) and CHEN (US 2013/0048328).
In reference to claims 1, 2 and 11, AOKI ‘793 discloses an oscillating tool 101 comprising: a multitool shaft drive 61 by a motor 4 in a housing 2; a clamp assembly operatively driven by the motor 4 through the multitool shaft 61 in an oscillating motion and configured to selectively hold a power tool accessory (paragraph [0038]); a fan 81 on the multitool shaft 61, wherein the fan 81 is operatively driven by the motor 4 with the multitool shaft 61, the fan 81 comprising a fan hub/body around the multitool shaft 61, a first fan blades 813 on a first side facing the motor, and second fan blades 815 on a second (opposite) side of the fan body (figure 4). AOKI ‘793 further discloses an output shaft 5 driven by the motor 4 through the multitool shaft 61 in an oscillating motion, the clamp assembly oscillates with the output shaft 5; and wherein the fan 81 is configured to push air (figure 8; paragraph [0067]) radially toward the output shaft 5. AOKI ‘793 does not disclose the fan pushing air axially toward the output shaft.
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Diagram I
AOKI ‘110 discloses an oscillating tool 200 comprising: a multitool shaft 111 driven by a motor 110 in a housing (figure 5); a clamp assembly operatively driven by the motor 110 through the multitool shaft 111 in an oscillating motion and configured to selectively hold a power tool accessory 10; a fan (see Diagram I of figure 1 above) on the multitool shaft 111, wherein the fan is operatively driven by the motor 110 with the multitool shaft 111, the fan comprising a fan hub/body around the multitool shaft 111 and a first side facing the motor 110; and an output shaft 115 axially downstream of the fan and the multitool shaft 111, wherein a second side of the fan opposite of the first side of the fan faces the output shaft 115. It would have been obvious to one having ordinary skill in the at the time of filing the invention to have modified the axial orientation of the fan and multitool shaft of AOIKI ‘793 to extend transverse to the output shaft as taught by AOIKI ‘110 since the relational arrangement of the output shaft and fan in either a parallel or transverse axial relationship would be equally effective in driving the tool supported on the output shaft while also cooling the oscillating tool as supported by the combined teachings of AOIKI ‘793 and AOIKI ‘110.
Neither AOIKI ‘793 nor AOIKI ‘110 disclose at least one forward inlet vent adjacent the output shaft as claimed. CHEN teaches an oscillating tool comprising: a motor (paragraph [0013]) in a housing 11; a fan 30 on a shaft 20 driven by the motor such that the fan is operatively driven by the motor; and at least one inlet vent 12 extending through the housing adjacent to and forward of (figure 3A) the shaft 20. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the housing of AOIKI ‘793 to include at least one inlet vent in the housing forward of the multitool shaft supporting the fan since paragraphs [0005] and [0007] of CHEN states such a modification provides a cross airflow for the purpose of effecting discharging hot air from within the housing.
Regarding claims 3-5 and 12, AOKI ‘793 further discloses a headbox 33 comprising a bearing 58 supporting the output shaft 5 and a metal material (paragraph [0042]), wherein the first fan blades 813 on the first side of the fan body face the motor 4 and the second fan blades 815 on the second side of the fan body faces the bearing 58, as modified in view of AOKI ‘110, to blow air radially and outwardly (figure 8).
With respect to claims 6-9 and 13, figure 3 of AOKI ‘793 further discloses the outer housing comprising an outlet vent 807 adjacent the fan 81. CHEN teaches the inlet vent 12 adjacent outlet vent 13; such that the modification of AOKI ‘793 in view of CHEN results in a forward inlet vent extending through (figure 1) the housing 2 and adjacent (figure 8) the headbox 33, and a rear inlet vent 801 adjacent a foot of the oscillating tool; and a bearing 617 disposed in (figure 8) the headbox 33.
In reference to claims 10, 14 and 15, AOIKI further discloses a module (paragraph [0045]) including a controller 383 in the housing 2; wherein the rear inlet vent 801 is adjacent to the module (figure 2) and the outlet vent 809 is adjacent to the fan 81.
Regarding claim 17, figure 7 of AOIKI discloses the first fan blades 813 as straight.
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Diagram II
With respect to claim 18, AOIKI further discloses the multitool shaft 61 includes an eccentric shaft portion 611 between opposing end of the multitool shaft (paragraph [0054-0055]); a fork 65 driven by the eccentric shaft portion 611 of the multitool shaft 61; wherein the center axis (see Diagram II of Figure 4 above) of the eccentric shaft portion 611 is offset (figure 4) from the center axis A2 of the multitool shaft 61.
In reference to claim 19, AOIKI further discloses a damper 73 on an eccentric bearing 57 of the multitool shaft 61.
Regarding claim 16, AOKI further discloses the fan and vents configured to reduce the temperature of the motor 4, but does not disclose the maximum average temperature of the motor when the oscillating tool is operating at a maximum speed. However, considering the oscillating tool of AOKI is configured as claimed, it would have been obvious to one having ordinary skill in the art at the time the invention was made to actuate the fan to maintain the temperature of the motor as claimed, since paragraph [0014] of AOKI expresses the desire to prevent the temperature of the motor from becoming too high (i.e. having a maximum operable temperature) by cooling via vented airflow through the housing of the oscillating tool.
Claim 20 is rejected under 35 U.S.C. 102(a)(1) as being unpatentable over AOKI (US 2022/0184793) in view of CHEN (US 2013/0048328)..
In reference to claim 20, AOKI discloses an oscillating tool 101 comprising: a multitool shaft drive 61 by a motor 4 in a housing 2; a clamp assembly operatively driven by the motor 4 through the multitool shaft 61 in an oscillating motion and configured to selectively hold a power tool accessory (paragraph [0038]); a headbox 33 in a forward end of the housing 2; a fan 81 on the multitool shaft 61, wherein the fan 81 is operatively driven by the motor 4 with the multitool shaft 61, the fan 81 comprising a fan hub/body around the multitool shaft 61, a first fan blades 813 on a first side, and second fan blades 815 on a second (opposite) side of the fan body (figure 4); wherein the first fan blades 813 on the first side of the fan body face the motor 4 and the second fan blades 815 on the second side of the fan body faces the headbox 33 to blow air radially and outwardly (figure 8); and an outlet vent 809 adjacent the fan 81, a forward inlet vent 805 adjacent (figure 8) the headbox 33, and a rear inlet vent 801 adjacent a foot of the oscillating tool.
AOIKI does not disclose at least one forward inlet vent adjacent the output shaft as claimed. CHEN teaches an oscillating tool comprising: a motor (paragraph [0013]) in a housing 11; a fan 30 on a shaft 20 driven by the motor such that the fan is operatively driven by the motor; and at least one inlet vent 12 extending through the housing adjacent to and forward of (figure 3A) the shaft 20. It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the housing of AOIKI ‘793 to include at least one inlet vent in the housing forward of the multitool shaft supporting the fan since paragraphs [0005] and [0007] of CHEN states such a modification provides a cross airflow for the purpose of effecting discharging hot air from within the housing.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention; in particular, SCHUELE et al. (US 2014/0242887) teaches temperature motivated regulation of a tool.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
May 17, 2025