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 01/05/2026 has been entered. Claims 1-21 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 1-21 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.
Regarding claims 1 and 21, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). The phrase “for cutting hard materials such as concrete and stone” is unclear what materials are included and excluded (if any). Also, the term “hard materials” in claim 1 is a relative term which renders the claim indefinite. The term “hard” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The phrase “hard materials” is not clear what materials included and excluded (if any).
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SAMAIN et al. (FR 2931635 A1).
Regarding claims 1 and 17, SAMAIN et al. discloses an electrically powered construction equipment (1, figs. 1-10), for cutting hard materials such as concrete and stone (functional/intended use- capable of cutting hard materials at least some degree), comprising an electric motor (pages 3, 13, 15, 17) arranged to power an abrasive cutting tool (3/abrasive surface 5, figs. 1 and 7-11) via a drive arrangement (25/26), the abrasive cutting tool (3/abrasive surfaces 5 and/or 5/6 figs. 1 and 7-11) comprising abrasive elements (abrasive surfaces 5/6, protruding reliefs 15, grooves 16, notches 17 and/or teeth 30 figs. 12-16) arranged on a carrier (planar disk or continuous strip on axles 25/26, figs. 7-11) of the cutting tool (3/abrasive surface 5, “abrasive surface can move and be rotated by the mechanized system” figs. 1 and 7-11), wherein the abrasive elements (abrasive surfaces 5/6) are arranged distanced from each other on the carrier (figs. 1-11) and follow a closed path during operation of the electrically powered construction equipment (figs. 1 and 7-8), the electrically powered construction equipment (1) further comprising a vibration device (mechanized system/motor, piezoelectric transducer or an engine with an eccentric flyweight/feeder, page 11-13) arranged to generate a controlled amount of vibration (adjusting knobs 11/14) of the abrasive cutting tool (1), wherein the vibration is generated in a frequency band below 15kHz or 5kHz (between 1 or 2 or 5 and 10,000 Hz, page 2, claim 4).
Regarding claim 21, SAMAIN et al. discloses a method performed in a control unit (command button 10) for controlling an electric motor (pages 3, 13, 15, 17), the method comprising obtaining a speed command (fixed or adjustable by the user), controlling the electric motor to operate at a target speed in dependence of the speed command (claims 6 and 9), and, in response to a vibration activation command, adding (via adjusting knob 11and adjusting knob 14) a disturbance to the speed control of the electric motor to generate a controlled vibration by the electric motor (pages 2-17, claim 4, figs. 1-11), wherein the controlled vibration is generated in a frequency band below 15kHz. (between 5 and 500 Hz, claim 4) and wherein the vibration is generated in a frequency band below 5kHz or in a frequency band below 1kHz (1 to 200 Hz, [0006-0007]).
Regarding claims 2, 4-6, 14 and 16, SAMAIN et al. discloses the vibration device is arranged to be activated and deactivated in response to a user input signal (command button 10) wherein the vibration device (mechanized system/motor, piezoelectric transducer or an engine with an eccentric feeder, page 11-13) with a user interface (2-command button 10/ adjusting knob 11/adjusting knob 14 fig. 1) configured to trigger activation and deactivation of the vibration device, wherein the equipment is any of a power cutter, a wall saw, a core drill, an abrasive ring saw (fig. 7), or an abrasive chain saw (fig. 8).
Regarding claims 3, 7-12, 15, and 18, SAMAIN et al. discloses the vibration device is arranged to generate vibration at a configurable amplitude and/or frequency (adjusting knob 11/adjusting knob 14 fig. 1), vibration device is arranged to be driven by a motor (motor), the vibration device is arranged to be driven by a motor and/or solenoid device which is separate from the main electric motor (mechanized system/motor, piezoelectric transducer or an engine with an eccentric feeder, page 11-13) of the construction equipment, the main electric motor of the construction equipment constitutes the vibration device, a control unit (2-command button 10/ adjusting knob 11/adjusting knob 14 fig. 1), where the control unit (2-command button 10/ adjusting knob 11/adjusting knob 14 fig. 1) is arranged to control a frequency of the vibration (adjusting knob 11/adjusting knob 14 fig. 1)by modulating the axle speed command over time and is arranged to control an amplitude of the vibration by modulating the axle speed command over time (vary speed and vibration as desired with command button 10/ adjusting knob 11/adjusting knob 14 fig. 1).
Regarding claims 13 and 19-20, SAMAIN et al. discloses an inertial measurement unit, IMU, arranged to output a signal indicative of the vibration, wherein the control unit is arranged to control the main electric motor based on the IMU output signal to obtain a desired frequency and/or amplitude of vibration wherein the automatic vibration activation mechanism comprises a control unit (controller for controlling pressure, engine with an eccentric feeder to create vibration page 11-13) and any of: a timer, an inertial measurement unit, IMU (displacement sensor for measuring number of passages on the hair), a microphone (electronic sensor capable of triggering an audible and/or visual alarm), and/or a dust generation sensor configured to measure an amount of generated dust by the construction equipment (pump for treatment product with filter and/or a liquid recovery system and “electrostatic system which, by creating a potential field, draws the particles onto a surface”, suction system for particles, and “surface pierced with holes…particles and/or detached hair to be sucked through these holes” page 11-13, suction system page 17, and see “openings 20 through the abrasive surface 5 so as to allow the evacuation, for example by suction, of deposits or abrasive particles” fig. 17) wherein the signal from the automatic vibration activation mechanism is associated with a torque output from a motor (eccentric flyweight driven by the motor, “two facing abrasive surfaces which may oscillate in the same direction or in opposite directions, or oscillate independently of one another, with the same frequency or different frequencies”) of the electrically powered construction equipment in use (pages 11-13, figs. 1-13).
Claim Rejections - 35 USC § 102/103
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.
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(s) 1-2, 4-6, 13-14, 16-17 and 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hilti AG (JP 3688368 B2) or, in the alternative, under 35 U.S.C. 103 as obvious over Hilti AG (JP 3688368 B2) in view of Sherrit et al. (US 20110056713 A1) and further in view of NAITO et al. (JP 04082609 A).
Regarding claims 1 and 17, Hilti AG discloses an electrically powered construction equipment (hand-held drill [0002, 0014, figs. 1 and 13), for cutting hard materials such as concrete and stone (reinforced or unreinforced concrete, wood, wall and metal with cutting tool 11- hard metal or diamond particles or chips), comprising an electric motor (drive unit 2 ) arranged to power an abrasive cutting tool (3) via a drive arrangement (9), the abrasive cutting tool (3) comprising abrasive elements (11) arranged on a carrier (3 crown drill, figs. 1-7) of the cutting tool (3, figs. 1-7), wherein the abrasive elements (11) are arranged distanced from each other on the carrier (figs. 1-7) and follow a closed path during operation of the electrically powered construction equipment, the electrically powered construction equipment (hand-held drill [0002, 0014, figs. 1 and 13) further comprising a vibration device (electroacoustic transducer 4/vibration amplifier 5) arranged to generate a controlled amount of vibration of the abrasive cutting tool (3) wherein the vibration is generated in a frequency band below 15kHz wherein the vibration is generated in a frequency band below 5kHz or in a frequency band below 1kHz (1 to 200 Hz, [0006-0007]).
In the alternative, if it can be argued that Hilti AG fails to disclose the powered construction equipment/abrasive cutting tool is not electric powered with electric motor and the vibration is not generated in a frequency band below 15kHz-
Sherrit et al. teaches an abrasive cutting tool (Single Piezo-Actuator Rotary-Hammering (SPaRH) Drill) for drilling rocks/stone having a vibration device arranged to generate a controlled amount of vibration of an abrasive cutting tool wherein the vibration is generated in a frequency band below 15kHz wherein the vibration is generated in a frequency band below 5kHz or in a frequency band below 1kHz (3 to 100 KHz) to provide “low axial pre-load via vibrations that fractures the rock” [0037-0042, 0046-0069], figs. 1-13).
NAITO et al. teaches an electrically powered construction equipment/abrasive cutting tool (ultrasonic core drill [0001], fig. 1) for drilling concrete wall surface comprising an electric motor (6) arranged to power an abrasive cutting tool (ultrasonic core drill [0001], fig. 1) via a drive arrangement (10), the abrasive cutting tool (ultrasonic core drill [0001], fig. 1) comprising with abrasive elements (1B) arranged on a carrier (core bit 1) of the cutting tool (ultrasonic core drill [0001], fig. 1), wherein the abrasive elements (1B) are arranged distanced from each other on the carrier (notches 1a between the abrasive teeth/grains, figs. 1-7) and follow a closed path during operation of the electrically powered construction equipment, the electrically powered construction equipment (ultrasonic core drill [0001], fig. 1) further comprising a vibration device (3) arranged to generate a controlled amount of vibration of the abrasive cutting tool (1, figs. 1-7).
Given the teachings of Hilti AG to have a powered construction equipment with a vibrating abrasive cutting tool, 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 powered construction equipment/abrasive cutting tool is to be electric powered and the vibration on the cutting tool generated in a frequency band below 15kHz wherein the vibration is generated in a frequency band below 5kHz or in a frequency band below 1kHz to have more precise action on a workpiece (avoid overshoot/damage to the workpiece), improved cutting power, provide low axial pre-load via vibrations that fractures hard material such as rock, and/or for chip removal purposes as taught by Sherrit et al. and NAITO et al.
Regarding claim 21, Hilti AG discloses a method performed in a control unit (vibration amplifier 5) for controlling an electric motor (drive unit 2) for cutting hard materials such as concrete and stone (reinforced or unreinforced concrete, wood, wall and metal with cutting tool 11- hard metal or diamond particles or chips), the method comprising obtaining a speed command (synchronized with ultrasonic vibration and function of machining tool vibration frequency), controlling the electric motor to operate at a target speed in dependence of the speed command, and, in response to a vibration activation command, adding a disturbance to the speed control of the electric motor to generate a controlled vibration by the electric motor (electroacoustic transducer 4 pages 2-14, figs. 1-13), wherein the controlled vibration is generated in a frequency band below 15kHz (2kHz-20 ~ .5 milliseconds/5miliseconds, 0.5·v<ω·2·a<5·v [0006-0007]). NAITO et al. also teaches drill (ultrasonic core drill [0001], fig. 1) for drilling concrete wall surface with a control unit (switch 7) for controlling an electric motor (6). Sherrit et al. also teaches the vibration is generated in a frequency band below 15kHz (3 to 100 KHz) to provide “low axial pre-load via vibrations that fractures the rock” [0037-0042, 0046-0069], figs. 1-13).
Regarding claims 2, 4-6, 14 and 16, Hilti AG discloses the vibration device is arranged to be activated and deactivated in response to a user input signal (synchronized with ultrasonic vibration and function of machining tool vibration frequency) wherein the vibration device (electroacoustic transducer 4/vibration amplifier 5) is arranged in connection to a tool axle (tool holder 6) of the construction equipment, wherein the vibration device is arranged to generate vibration in a radial and/or in an axial direction (torsional or axial [0033], figs. 1-13 and 18) with respect to the tool axle (tool holder 6) the vibration device is arranged to be driven by a main electric motor (electroacoustic transducer 4/magnetostrictive or piezoelectric transducer) of the construction equipment, a user interface (fig. 1) configured to trigger activation and deactivation of the vibration device, wherein the equipment is any of a power cutter, a wall saw, a core drill (fig. 1 and 13 – core drill), an abrasive ring saw, or an abrasive chain saw. Sherrit et al. also teaches having a data acquisition system to obtain performance data to provide values for drilling rate and vibration with a signal generator and power amplifier and sensors to control vibration [0070-0072]. NAITO et al. also teaches a user interface (switch 7) for controlling to trigger activation and deactivation of the vibration device (3).
Regarding claims 13 and 19-20, Hilti AG discloses an inertial measurement unit, IMU, arranged to output a signal indicative of the vibration, wherein the control unit is arranged to control the main electric motor based on the IMU output signal to obtain a desired frequency and/or amplitude of vibration wherein the automatic vibration activation mechanism comprises a control unit (synchronized controls) and any of: a timer, an inertial measurement unit, IMU, a microphone (acoustic tuning), and/or a dust generation sensor configured to measure an amount of generated dust by the construction equipment (synchronized with ultrasonic vibration and function of machining tool vibration frequency) wherein the signal from the automatic vibration activation mechanism is associated with a torque output from a motor (ultrasonic torsional vibration T, fig. 17, acoustic tuning, pressing force) of the electrically powered construction equipment in use. Sherrit et al. teaches an automatic vibration activation mechanism (data acquisition system) generating vibration at a configurable amplitude and/or frequency (data acquisition system to obtain performance data to provide values for drilling rate and vibration with a signal generator and power amplifier and sensors to control vibration [0070-0072]) and obtaining a signal from the automatic vibration activation mechanism is associated with a torque output from a motor [0043, 0058-0059, 0068]. NAITO et al. also teaches the bit is longitudinally vibrated at high speed and with a small amplitude in the axial direction by the ultrasonic vibration device 3
Claim(s) 3, 7-12, 15, and 18 is/are rejected under 35 U.S.C. 103 as obvious over Hilti AG (JP 3688368 B2) in view of Sherrit et al. (US 20110056713 A1) and further in view of NAITO et al. (JP 04082609 A).
Regarding claims 3, 7-12, 15, and 18, Hilti AG discloses the vibration device is arranged to generate vibration at a amplitude and/or frequency (synchronized with ultrasonic vibration and function of machining tool vibration frequency), the vibration device is arranged to be driven by a motor and/or solenoid device which is separate from the main electric motor (electroacoustic transducer 4/magnetostrictive or piezoelectric transducer) of the construction equipment, the main electric motor (2) of the construction equipment constitutes the vibration device (drives vibration amplifier 5), a control unit (fig. 1), where the control unit (101) is arranged to control a frequency of the vibration by modulating the axle speed command over time and is arranged to control an amplitude of the vibration by modulating the axle speed command over time (synchronized with ultrasonic vibration and function of machining tool vibration frequency).
Hilti AG fails to disclose generate vibration at a configurable amplitude and/or frequency, vibration device is arranged to be driven by a motor, the vibration device comprises a mass and spring arrangement, the control unit arranged to control the main electric motor at a target speed with a variation over time and the control unit is arranged to generate a non-uniform, random or pseudo-random vibration pattern over time and an automatic vibration activation mechanism, wherein the vibration device is arranged to be automatically activated and deactivated in response to a signal from the automatic vibration activation mechanism.
Sherrit et al. teaches generating vibration at a configurable amplitude and/or frequency, vibration device is arranged to be driven by a motor, the control unit arranged to control the main electric motor at a target speed with a variation over time and the control unit is arranged to generate a non-uniform, random or pseudo-random vibration pattern over time and an automatic vibration activation mechanism, wherein the vibration device is arranged to be automatically activated and deactivated in response to a signal from the automatic vibration activation mechanism (data acquisition system to obtain performance data to provide values for drilling rate and vibration with a signal generator and power amplifier and sensors to control vibration [0070-0072]).
NAITO et al. teaches the vibration device comprises a mass and spring arrangement (slip ring 4 presses against a spring vibrator 3B).
Given the teachings of Hilti AG to have a powered construction equipment with a vibrating abrasive cutting tool, 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 generate vibration at a configurable amplitude and/or frequency, vibration device is arranged to be driven by a motor, the vibration device comprises a mass and spring arrangement, the control unit arranged to control the main electric motor at a target speed with a variation over time and the control unit is arranged to generate a non-uniform, random or pseudo-random vibration pattern over time and an automatic vibration activation mechanism, wherein the vibration device is arranged to be automatically activated and deactivated in response to a signal from the automatic vibration activation mechanism to have more precise action on a workpiece (avoid overshoot/damage to the workpiece), improved cutting power, provide low axial pre-load via vibrations that fractures hard material such as rock, and/or for chip removal purposes as taught by Sherrit et al. and NAITO et al.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-21 have been considered but are moot because the new ground of rejection does not rely on the new 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph rejection applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Also, In response to applicant's argument that the invention is for cutting hard materials such as concrete and stone, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
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.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See references cited, form 892.
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