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 amendment filed on 10/21/25.
Claims 1-20 are pending and have been examined.
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) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Furusawa (US Pub 20170355053) in view of Cooper et al. (20220408663).
Regarding claims 1-2 and 10, Furusawa discloses a power tool (100-Fig. 11) comprising: a housing (Fig. 11, the housing extending from tool holder 12 to handle 13) including a handle (13-Fig. 11) and a drive unit housing (Fig. 11, portion of the housing covering motor 20); a motor (20-Fig. 11) disposed within the drive unit housing; an output chuck (12-Fig. 11) configured to receive a tool bit (19-Fig. 11) driven by the motor for performing a working operation (paragraph [0035]); a transfer tube (Fig. 11, the area between fan 25 and port 15) at least partially disposed within the housing (Fig. 11 and paragraph [0040]); a fan (25-Fig. 11) driven by the motor to induce an airflow for transporting dust and debris generated during the working operation through the transfer tube (paragraph [0042]); but fails to disclose a conductor at least partially exposed along an exterior side of the handle to transmit a static charge that is generated by the fan on the transfer tube during the working operation.
Cooper discloses an electric tool comprising a housing and a handle comprising a conductor (14) at least partially exposed along an exterior side of the handle (112; Figs. 2-4) to transmit a static charge that is generated by the fan on the transfer tube during the working operation for the purposes of allowing discharge of accumulated static electricity and reduce electrostatic buildup experienced by the user and the tool. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to have provided Furusawa’s tool with a conductor at least partially exposed along an exterior side of the handle as taught by Cooper in order to reduce accumulated static charge buildup and improve user comfort and operational safety.
Regarding claim 3, Furusawa discloses wherein the conductor includes a first conductor (AC power source-Fig. 11) that is coupled to the handle, a second conductor that is coupled to the transfer tube (685-Fig. 12), and a third conductor (111 Fig. 11) that extends between the first conductor and the second conductor.
Regarding Claim 4, Furusawa discloses wherein the third conductor is a wire (Fig. 11 and paragraph [0115], the examiner notes that metal support 111 is a conductive path which performs the same function as a wire) that extends into at least one of (the examiner may choose which limitations are to examine) the handle (Fig. 11, the AC power source it routed through and out of the handle), the drive unit housing (Fig. 11 support 111 extends into the portion of the housing containing the fan and motor), and a battery receptacle.
Regarding Claims 5 and 10, Furusawa discloses wherein the first conductor is a wire having a first portion coupled to an interior of the handle (Fig. 11, the AC power source would in the form of wires and have a connection with the trigger within handle 13) and Cooper discloses a second portion (14) coupled to an exterior of the handle (Figs. 2-4). Both references are directed to power tools employing fan-generated airflow for transporting dust and debris through a dust transport passage. Cooper recognizes that airflow and particle transport through such passages generates electrostatic charge and teaches an exposed conductor (14) for dissipating the accumulated charge. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to have provided Furusawa’s tool with a second portion of the conductor coupled to the exterior side of the handle as taught by Cooper in order to reduce accumulated static charge buildup and improve user comfort and operational safety.
Regarding Claim 6, Furusawa discloses wherein the second conductor is a metal plate (Fig. 12, conductive path 685 is in the form of a shaped plate) that is shaped to follow an outer contour of the transfer tube (Fig. 11, conductive path 685 is shaped to transition through housing 110 in proximity to and forms port 15).
Regarding Claim 7, Furusawa discloses an impact mechanism (Fig. 1, assembly of mechanisms 31, 33 and 35) configured to be driven by an output shaft (21-Fig. 1) of the motor to apply axial impacts to the tool bit (paragraph [0042]), so that the working operation includes a hammering operation (paragraph [0042]).
Regarding Claim 8, Furusawa discloses wherein the fan is mounted to an output shaft (21-Fig. 11) of the motor, and wherein the transfer tube has an opening adjacent the output chuck (Fig. 1 and paragraph [0040], housing 11 has an exhaust port and housing 11 is adjacent to tool holder 11).
Regarding Claim 9, Furusawa discloses wherein the transfer tube is disposed within the drive unit housing (Fig. 11, input 15 is within the portion of the tool housing which houses motor 20), and wherein the power tool further includes a dust box (7-Fig. 11) that is removably coupled to the drive unit housing for storing dust and debris passing through the transfer tube (Fig. 11 and paragraph [0110], dust collector 40 is removably attached to drill 100).
Regarding Claim 11, Furusawa discloses wherein the electrostatic discharge system includes a wire (Fig. 11 and paragraph [0115], the examiner notes that metal support 111 is a conductive path which performs the same function as a wire) that extends within the housing assembly between the first section of the electrostatic discharge system and the second section of the electrostatic discharge system to electrically connect the first and second sections of the electrostatic discharge system (Fig. 11, support 111 connects 685 to the AC power source).
Regarding Claim 12, Furusawa discloses an output portion (12-Fig. 11) configured to receive the tool bit; wherein the motor is disposed within a drive unit housing spaced apart from the output portion (Fig. 11); and wherein the transfer tube extends between the output portion and the drive unit housing (Fig. 11, fan 25 defines a space between motor 20 and holder 12).
Regarding Claim 13, Furusawa discloses a dust box housing (7-Fig. 11), wherein the fan is mounted between the motor and the dust box housing (Fig. 11, fan 25 is between shaft 21, which is a part of motor 20 and container 7).
Regarding Claim 14, Furusawa discloses wherein the transfer tube is within a first housing section (Fig. 11, the interface between body 10 and dust collector 40) of the housing assembly and the housing assembly further includes a second housing section (13-Fig. 11); and wherein the electrostatic discharge system includes a wire (Fig. 11 and paragraph [0115], the examiner notes that metal support 111 is a conductive path which performs the same function as a wire) that extends between the first housing and the second housing (Fig. 11, support 111 connects the two sections via motor 20).
Regarding Claim 15, Furusawa discloses wherein the electrostatic discharge system further includes a first conductor (685-Fig. 11) and a second conductor (AC power source-Fig. 11), wherein a first end of the wire is electrically connected to the first conductor within a first housing of the housing assembly (Fig. 12, path 685 is within housing 110 and in contact with support 111), wherein a second end of the wire is electrically connected to the second Page 9 conductor within a second housing of the housing assembly (Fig. 11, support 111 is in contact with motor 20, which in turn is connect with the AC power source passing through handle 13).
Claim(s) 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Furusawa (US Pub 20170355053) in view of Cooper et al. (2022/04008663), as applied above in claim 10, and further in view of Obermann (US Pub 20210252617).
Regarding Claim 16, the modified invention of Furusawa discloses a controller (paragraph [0046], controller) disposed within the housing assembly (Fig. 1, handle 13 is about of the housing), wherein the fan includes a first set of blades (Fig. 1, the blades of fan 23) arranged to generate a first air flow that cools the controller (Fig. 1, fan 23 creates a cooling air flow within the housing, which in turn would cool the controller), and a second set of blades (Fig. 1, the blades of fan 25) arranged to generate a second air flow that transfers dust through the transfer tube (Fig. 1 and paragraph [0042], dust collecting fan create suction to remove dust during operation). However, Furusawa is silent about the controller being a printed circuit board. Obermann teaches a motor controller (70-Fig. 2) being a printed circuit board (paragraph [0015]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to have substituted the motor controller as disclosed by Furusawa, with the motor controller as taught by Obermann, since the substitution would have yielded predicable results, the controlled operation of the motor. In addition, the printed circuit board has also been taught by Obermann to have the benefit of miniaturizing the controller.
Regarding Claim 17, Furusawa discloses the power tool and power supply in the parent claim. However, Furusawa is silent regard the power source has a battery receptacle comprising an outer surface and one or more battery terminals, wherein the one or more battery terminals are disposed on the outer surface of the battery receptacle. Obermann teaches a power source (75-Fig. 2) having a battery receptacle (80 Fig. 2) comprising an outer surface and one or more battery terminals (the examiner cites that all batteries require at least two terminals to provide power), wherein the one or more battery terminals are disposed on the outer surface of the battery receptacle (the examiner cites that all batteries require at least two terminals to provide power). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to have modified the power source as disclosed by Furusawa, to have incorporated the battery power supply as taught by Obermann, so to provide a portable power supply, in order to allow the tool to operate in an area which does not have an AC power supply.
Claim(s) 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Furusawa (US Pub 20170355053) in view of Cooper et al. (2022/04008663), and further in view of Obermann (US Pub 20210252617).
Regarding Claim 18, Furusawa discloses a power tool comprising: a housing (Fig. 11, the housing extending from tool holder 12 to handle 13); a motor (20-Fig. 11) disposed within the housing; a transfer tube (Fig. 11, the area between fan 25 and port 15) at least partially disposed within the housing; a fan (25-Fig. 11) that is driven by the motor to cause dust to move along the transfer tube (paragraph [0042]); a controller (paragraph [0046]) disposed within the housing and configured to control operation of the motor (paragraph [0046]); and an electrostatic discharge mechanism (Figs. 11-12, assembly of conductive paths 680 and 685, metal support 111 and the AC power chord extending out of handle 13) extending within an interior of the housing that is configured to dissipate electrostatic charge from the transfer tube away from the controller (paragraph [0115], support 111 releases static electricity from tool 100, the examiner notes that support 111 is connected to fan 25 and motor 20 via shaft 21 and that the controller is connected with the motor and the AC power supply). However, Furusawa fails to disclose wherein the electrostatic discharge mechanism including a conductor extending through the housing to be exposed on an outer surface of the handle portion. Cooper teaches the concept of a power tool comprising an electrostatic discharge mechanism (Fig. 2-4) including a conductor (14) extending through the housing to be exposed on an outer surface of the handle portion (112; Fig. 3) for the purposes of allowing discharge of accumulated static electricity and reduce electrostatic buildup experienced by the user and the tool. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to have provided Furusawa’s tool with a conductor at least partially exposed along an exterior side of the handle as taught by Cooper in order to reduce accumulated static charge buildup and improve user comfort and operational safety.
Also, regarding claim 18, Furusawa is silent about the controller being a printed circuit board. Obermann teaches a motor controller (70-Fig. 2) being a printed circuit board (paragraph [0015]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to have substituted the motor controller as disclosed by Furusawa, with the motor controller as taught by Obermann, since the substitution would have yielded predicable results, the controlled operation of the motor. In addition, the printed circuit board has also been taught by Obermann to have the benefit of miniaturizing the controller.
Regarding Claim 19, Furusawa discloses wherein the transfer tube is disposed fully within the housing, and wherein the power tool further includes a dust box (7-Fig. 11) that is removably coupled to the housing for storing dust and debris received through the transfer tube (paragraph [0110]).
Regarding Claim 20, Cooper also shows wherein the electrostatic discharge mechanism includes a wire (Fig. 2) that extends between an inside of a handle portion (Fig/ 4) of the housing to an outer surface of the handle portion of the housing (via 14; Figs. 2 and 4).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on the new reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 MICHELLE LOPEZ whose telephone number is (571)272-4464. The examiner can normally be reached Monday thru Friday 8:30 am to 4:30 pm.
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, Anna Kinsaul can be reached at (571) 270 - 1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHELLE LOPEZ/ Primary Examiner, Art Unit 3731
Prosecution Insights