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 amendments and remarks received on Jane 10, 2026.
Response to Arguments
Applicant's arguments filed June 10, 2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art.1
Applicant has essentially based this argument on the same reasonings discussed in the June 8, 2026 interview. Specifically, Applicant has found there to be no motivation to apply the teachings of providing airflow through balance weights from CHEN to the oscillating tool of AOKI which has no balance weights.
Examiner maintains that both AOKI ‘793 and CHEN are drawn to handheld oscillating tools powered by a motor. Both tools also include a fan configured within the housing of the respective tools for the purpose of dissipating heat from within the tool housing. Although the tool of CHEN includes additional structure (i.e. balance weights) not required by Applicant’s invention nor the tool of AOKI ‘791, it must be noted that CHEN teaches the knowledge in the art of oscillating tools to configure vents in housing(s) of the tool in a cross-flow manner for the purpose of effectively dissipating heat from within the housing, regardless of what elements are creating the heat within the housing. The fact that additional structure is disclosed is irrelevant when it does not teach away from the invention.
Applicant has further argued on page 12 of the pending remarks that the teachings of CHEN would not lead one to modify the housing of AOKI ‘793 to include an inlet vent as claimed since the fan of AOKI ‘793 would not generate cross-airflow. Examiner disagrees based on the airflow illustrated in figure 2 of AOKI ‘793. As shown in AOKI ‘793 figure 2, the air flows from the rear of the tool housing towards the front of the tool housing. Modifying AOKI ‘793 to include vents at the front of the tool housing (see Diagram A below of AOKI ‘793 figure 2) would establish the cross-flow taught by CHEN, thereby meeting the claim limitation of at least one forward (front) vent adjacent the output shaft.
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Diagram A
Considering both AOKI ’793 and CHEN disclose the element creating the heat below the plane of the fan. As such, the cross-flow path of CHEN as shown in figure 3A is below the direct cross-flow path; thus, the modification of AOKI ‘793 as shown above would still allow dissipation of heat from the drive bearing 63 element of AOKI ‘793. Therefore, Examiner maintains the rejection of the claimed invention as 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) as detailed below.
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 1-6, 8-14 and 16-19 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, 8-9 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 (outermost) housing 2 and inner housing 3 which is 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 and 14, 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 61 driven by a motor 4 in a housing 2; an output shaft 5 driven by the motor 4 through the multitool shaft 61; a clamp assembly operatively driven by the motor 4 through the multitool shaft 61 and the output shaft 5 in an oscillating motion and configured to selectively hold a power tool accessory (paragraph [0038]); a headbox 3 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 3 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.
AOKI 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 AOKI ‘793 to include at least one inlet vent extending through the housing 2 and the headbox 3 forward of the multitool shaft supporting the fan (see Diagram A above) 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 claim 21, AOKI ‘793 further discloses the fan 81 disposed axially forward (figure 4) of the motor, and a front part 32 of the head box 3 disposed laterally-forward of the fan 81 and a second part 33 of the head box disposed axially forward of the fan
With respect to claim 22, Diagram A above and Diagrams III & IV below discloses the modified oscillating tool of AOKI, wherein at least one forward vent overlaps with the output shaft in a fore-aft direction along a longitudinal axis of the oscillating tool.
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Diagram III
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Diagram IV
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 GLORIA R WEEKS whose telephone number is (571)272-4473. The examiner can normally be reached M-F 8am-2pm & 5pm-7pm EST.
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, Shelley Self can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
May 17, 2025
1 See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
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