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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/21/2026 has been entered.
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 a cutting operation of the electrically powered construction equipment on the cutting materials including the concrete and the stone (material intended use – capable of being used on concrete if desired, 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 drive an abrasive cutting tool (continuous strip, fig. 8) having abrasive elements (abrasive particles 8) during a cutting operation on cutting materials including the concrete and the stone (intended use – capable of being used on any material if desired), and to operate at a target speed in dependence of the speed command (claims 6 and 8-9), 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 15kHz (between 1 or 2 or 5 and 10,000 Hz page 3-17, claim 4).
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 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MAZAKI et al. (JP H06182754 A) or, in the alternative, under 35 U.S.C. 103 as obvious over MAZAKI et al. (JP H06182754 A) in view of Stock et al. (US 5733074 A).
Regarding claims 1 and 17, MAZAKI et al. discloses an electrically powered construction equipment (1, figs. 1-2), for cutting hard materials such as concrete and stone ([0001-0002, 0020]), comprising an electric motor (connected to a driving device, drill [0001-0002]) arranged to power an abrasive cutting tool (1) via a drive arrangement (driving device),
the abrasive cutting tool (1) comprising abrasive elements (arc-shaped abrasive grain layer segments 3) arranged on a carrier ( wall of the bit body 1, figs. 1-2) of the cutting tool (1), wherein the abrasive elements (3) are arranged distanced from each other on the carrier (minute interval of t (t ≦ 1 mm) and follow a closed path during a cutting operation of the electrically powered construction equipment on the cutting materials including the concrete and the stone (rotate path via bit 1 rotating, [0003-0021], figs. 1-2),
the electrically powered construction equipment (1) further comprising a vibration device (drill) arranged to generate a controlled amount of vibration ([0003]) of the abrasive cutting tool (1), wherein the vibration is generated in a frequency band below 15kHz or 5kHz ([0003, 0007], figs. 1-2).
In the alternative, if it can be argued that Stock et al. fails to disclose having an electric motor arranged to power an abrasive cutting tool/drill bit with a vibration device arranged to generate a controlled amount of vibration of the abrasive cutting tool, wherein the vibration is generated in a frequency band below 15kHz or 5kHz.
Stock et al. teaches a power tool/drill device (fig. 1) having an electric motor (2) arranged to power an abrasive cutting tool/drill bit (3) with an ultrasonic assist device electro-acoustic converter (4) for producing ultrasonic vibrations and a vibration amplifier (5) for better removal rate, “as compared to conventional removal methods without the use of ultrasonic assist, typically increases by a factor of 2 to 10” wherein the cutting tool (3) has abrasive elements (carbide cutting edges or diamond grains 11) arranged on a carrier ( wall of the bit body/disc 3, figs. 1-18) of the cutting tool (3), wherein the abrasive elements (11) are arranged distanced from each other on the carrier (recess 12 and shown with distance between each grain 11, figs. 1-18) and follow a closed path during a cutting operation of the electrically powered construction equipment on the cutting materials including the concrete and the stone (rotate path via bit 3 rotating, figs. 1-18),
the electrically powered construction equipment (power tool/drill device, fig. 1) further comprising a vibration device (4/5) arranged to generate a controlled amount of vibration of the abrasive cutting tool (3), wherein the vibration is generated in a frequency band (Acoustic (sound) electro-acoustic converter (4) produces ultrasonic vibrations with wavelength 2 to 20 centimeters, col. 7, line 15- col. 11, line 35) and teaches adjusting the vibrations as needed (col. 2, line 25-40, col. 4, lines 4-67, claims 1, 14, and 18).
Stock et al. states: “rotational speed of the tool bit can be significantly reduced due to the ultrasonic assist which increases the working safety and reduces noise emissions. In an embodiment of the tool bit, the ultrasonic vibrations are converted into a bending mode of the tool bit. This occurs by disposing a small eccentric mass at the leading end of the tool bit. This causes a vibration in the direction of the contact pressure force whereby the required contact pressure force is reduced” (col. 4, lines 30-43)
Given the teachings of MAZAKI et al. to have driving device, drill drive a drill bit, 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 an electric motor arranged to power an abrasive cutting tool/drill bit with a vibration device arranged to generate a controlled amount of vibration of the abrasive cutting tool, wherein the vibration is generated in a frequency band below 15kHz or 5kHz to have precise adjustment of speed/torque for more precise operation of the tool and more precise action on a workpiece (avoid overshoot/damage to the workpiece), have a ultrasonic assist device for better removal rate and/or for strengthening the tool bit purposes as taught by Stock et al.
Claim(s) 1-21 is/are rejected under 35 U.S.C. 103 as obvious over Stock et al. (US 5733074 A) 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, Stock et al. discloses an electrically powered construction equipment (hand-held drill, 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 (rotate path via bit 3 rotating, figs. 1-18), 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 (Acoustic (sound) electro-acoustic converter (4) produces ultrasonic vibrations with wavelength 2 to 20 centimeters, col. 7, line 15- col. 11, line 35) and teaches adjusting the vibrations as needed (col. 2, line 25-40, col. 4, lines 4-67, claims 1, 14, and 18).
Stock et al. 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 Stock et al. 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, Stock et al. discloses a an electrically powered construction equipment (hand-held drill) and method performed in a control unit (ultrasonic assist device electro-acoustic converter (4) for producing ultrasonic vibrations and a vibration amplifier (5) for controlling an electric motor (2), the method comprising obtaining a speed command (col. 4, lines 30-43, col. 7, line 14-40),
controlling the electric motor to drive an abrasive cutting tool (3) having abrasive elements (carbide cutting edges or diamond grains 11) during a cutting operation on cutting materials including the concrete and the stone (reinforced or unreinforced concrete, wood, wall and metal), and to operate at a target speed in dependence of the speed command (col. 4, lines 30-43, col. 7, line 14-40), and,
in response to a vibration activation command, adding a disturbance to the speed control (ultrasonic assist 4/5, small eccentric mass) of the electric motor to generate a controlled vibration by the electric motor (2), wherein the controlled vibration is generated in a frequency band (Acoustic (sound) electro-acoustic converter (4) produces ultrasonic vibrations with wavelength 2 to 20 centimeters, col. 7, line 15- col. 11, line 35) and teaches adjusting the vibrations as needed (col. 2, line 25-40, col. 4, lines 4-67, claims 1, 14, and 18).
Stock et al. fails to disclose the controlled vibration is generated in a frequency band below 15kHz.
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).
Given the teachings of Stock et al. 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 controlled with a vibration generated in a frequency band below 15kH 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 claims 2, 4-6, 14 and 16, Stock et al. 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, col. 7, line 15- col. 11, line 35, 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, Stock 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 (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
Regarding claims 3, 7-12, 15, and 18, Stock et al. 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).
Stock et al. 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 Stock et al. 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 all references 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 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. Although, SAMAIN et al. apparatus 1 is not disclosed as being used for cutting concrete and stone, the function of cutting concrete and stone is an intended use in which SAMAIN et al.’s apparatus 1 is capable of being used on concrete and stone albeit it may not perform well.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See references cited, form 892.
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/ROBERT F LONG/Primary Examiner, Art Unit 3731
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