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 .
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 3-12 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.
Claims 3 and 11 recite the limitation "base unit". There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites “a protective layer consisting at least in part of a thermoplastic elastomer”. This renders the claim indefinite because the transitional phrase “consisting” is close ended, while the limitation “at least in part” is open ended. It is unclear if Applicant requires the protective layer to be completely thermoplastic or partially thermoplastic.
Claims 4-9, 12 are rejected by dependency of a rejected claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 14-16, 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huber US 2003/0143935 A1.
Re claim 1, Huber discloses a protection device [housing 253, Figs. 23, 25-26], for a hand-held power tool for collision protection, of a tool and/or a tool holder configured to be arranged on the hand-held power tool, with objects in a working environment of the hand-held power tool, comprising:
a base element 253; and
a fastening unit 262 including at least two fixing rails [Fig. 26 shows at least three parallel rails 263, 264] which extend parallel to one another and have at least two latching recesses configured to releasably fasten the base element to the hand-held power tool [Fig. 26 at least two recesses from 263, 264].
Re claims 14-16, Huber discloses a hand-held power tool system with a hand-held power tool and with the protection device; wherein the hand-held power tool is a grinding tool; the hand-held power tool is an orbital sander or a random orbital sander and the tool is a sanding pad [Abstract].
Re claim 20, Huber discloses a protection device, for a hand-held power tool for collision protection, of a tool and/or a tool holder [Figs. 23, 25-27] configured to be arranged on the hand-held power tool, with objects in a working environment of the hand-held power tool, comprising: a screen unit 253 configured to block a light emission of at least one light source at least in a direction of an intended operator side. It is noted that the claim does not require a light source, and element 253 would be capable of blocking light to the operator if located between the operator and the light.
Claim(s) 1-6, 11-16, 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang CN 106466798 A.
Re claim 1, Wang discloses a protection device 52 [figs. 6-7], for a hand-held power tool for collision protection, of a tool and/or a tool holder configured to be arranged on the hand-held power tool, with objects in a working environment of the hand-held power tool, comprising:
a base element 52; and
a fastening unit [56, 66, 71, 72] including at least two fixing rails [Fig. 7 shows at least four parallel rails, elements 66, 71, 72, and the protrusion attaching latch 56] which extend parallel to one another and have at least two latching recesses configured to releasably fasten the base element to the hand-held power tool [Fig. 7 shows multiple recesses between elements 71 and 72, between elements 72 and 66, and between elements 66/72 and latch 56, so that when combined, the recesses are for latching to releasably fasten the base element to the hand-held power tool].
Re claim 2, wherein the base element 52 has an asymmetrical basic shape adapted to a dust outlet of the hand-held power tool [fig. 6].
Re claims 3, 11, a screen unit [construed as the body of element 52] integrally formed with the base element and/or a light guide unit, for at least one light source, arranged on the base unit.
Re claims 4, 12, wherein the protection device is configured as a wall protection ring [element 52 would be capable of protecting the sander and it is a ring when combined with element 54].
Re claim 5, wherein: the asymmetrical basic shape of the base element 52 along its longitudinal extension separates from a circular shape in at least one section; and the at least one section is configured to be in a region of the dust outlet [Fig. 6].
Re claims 6, 13, wherein the screen unit is configured to block a light emission of the at least one light source at least in a direction of an intended operator side. It is noted that the claim does not require a light source, and element 52 would be capable of blocking light to the operator if located between the operator and the light.
Re claims 14-16, Wang discloses a hand-held power tool system with a hand-held power tool and with the protection device; wherein the hand-held power tool is a grinding tool [Abstract]; the hand-held power tool is an orbital sander or a random orbital sander and the tool is a sanding pad [“sanding accessory selected from the random orbital (RO) accessory “].
Re claim 18, Wand discloses a protection device 52, for a hand-held power tool [Figs. 6-7] for collision protection, of a tool and/or a tool holder configured to be arranged on the hand-held power tool, with objects in a working environment of the hand-held power tool, comprising: a base element 52, wherein the base element has an asymmetrical basic shape adapted to a dust outlet of the hand-held power tool [Fig. 6].
Re claim 19, the asymmetrical basic shape of the base element along its longitudinal extension separates from a circular shape in at least one section; and the at least one section is configured to be in a region of the dust outlet [Fig. 6].
Re claim 20, Wand discloses a protection device, for a hand-held power tool for collision protection, of a tool and/or a tool holder [Figs. 6-7] configured to be arranged on the hand-held power tool, with objects in a working environment of the hand-held power tool, comprising: a screen unit 56 configured to block a light emission of at least one light source at least in a direction of an intended operator side. It is noted that the claim does not require a light source, and element 52 would be capable of blocking light to the operator if located between the operator and the light.
Claim Rejections 35 USC § 103
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) 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Wang CN 106466798 A in view of Shin KR 202101459136 A.
Re claims 7-9, Wang discloses the claim invention as discussed above but fail to disclose at least one light source unit; at least one energy source and/or at least one operating element for the at least one light source unit; and a sensor unit configured to detect an operation of the hand-held power tool for activating the at least one light source during operation of the hand-held power tool.
However, Shin teaches a grinder comprising at least one light source unit 850 formed on the surface facing downward of the grinding case 710 [Fig. 2, “the light source 850 may be formed on the surface facing downward in the grinding case (710).”]; at least one energy source and/or at least one operating element for the at least one light source unit [piezoelectric member 810]; and a sensor unit 800 configured to detect an operation of the hand-held power tool for activating the at least one light source during operation of the hand-held power tool [by activating light source when pressed].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the sensor unit of Shin including the energy source and light unit, with Wang in order to yield the predictable result of irradiating light on to the surface of the work piece.
Claim(s) 10, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Wang CN 106466798 A in view of Joyce US 2021/0245327 A1 and Fotre US 2,835,084 and
Re claims 10, 17, Wang discloses the claim invention as discussed above but fail to disclose wherein the base element comprises: a protective layer consisting at least in part of a thermoplastic elastomer and a method of producing the protection device at least partially from a thermoplastic elastomer.
However, Joyce teaches a protective layer 10 [Fig. 1] consisting at least in part of a thermoplastic elastomer ¶10 and Fotre teaches a method of producing a protection device 7 at least partially from a thermoplastic elastomer [[a] satisfactory substance for the material of the shield is a suitable transparent thermoplastic or thermosetting plastic.”].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use thermoplastic for the device of Wand in order to yield the predictable result of using a rigid and strong material that can withstand impacts that may be caused by external hazards.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Carlos A. Rivera whose telephone number is (571)270-5697. The examiner can normally be reached 9AM -4PM.
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C. A. R.
Primary Patent Examiner
Art Unit 3723
/C. A. RIVERA/Primary Patent Examiner, Art Unit 3723
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