CTNF 18/946,577 CTNF 94178 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 12-151 AIA 26-51 12-51 Status of Claims This office action is in response to Applicant’s filing on 13 November 2024. Claims 1 – 15 are pending. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 13 November 2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the Examiner. Claim Objections Claims 1 and 9 are objected because of the following informalities: Regarding claims 1 and 9, the limitation, “includes:”, should read, “includes”. Regarding claims 1 and 9, the limitation, “including:”, should read, “including”. Regarding claim 1, the limitation, “an electric motor the hand-held power tool”, should read, “an electric motor of the hand-held power tool” Appropriate correction is required. 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. Claims 1 – 15 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention. Regarding claim 1, line 18, and claim 9, line 18, the limitation, “at least one communication unit”, is indefinite because the limitation is ambiguous whether the limitation refers to previously recited “at least one communication unit” in claim 1, lines 7 – 8, and claim 9, lines 7 – 8, respectively, or the limitation refers to a new at least one communication unit not previously recited. For the purpose of compact prosecution, the examiner interprets the limitation to mean “the at least one communication unit”. Please note, since claims 2 – 8 depend upon claim 1 and claims 10 – 15 depend on claim 9, claims 2 – 8 and 10 – 15 are likewise rejected under 35 USC §112(b) for indefiniteness. Regarding claim 9, line 21, the limitation, “a hand-held power tool”, is indefinite because the limitation is ambiguous whether the limitation refers to previously recited “a hand-held power tool” in claim 9, line 2, the limitation refers to a new at least one communication unit not previously recited. For the purpose of compact prosecution, the examiner interprets the limitation to mean “the hand-held power tool”. Please note, since claims 10 – 15 depend on claim 9, claims 10 – 15 are likewise rejected under 35 USC §112(b) for indefiniteness. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 In the event the determination of the status of the application as subject to 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. 07-20-aia AIA 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. 07-21-aia AIA Claim s 1 – 2 are rejected under 35 U.S.C. 103 as being unpatentable over Williams (US 2009/0139048 A1) in view of Caspar (WO 2018/224625 A1) . Regarding claim 1, Williams discloses a method for operating a system, wherein the system includes the hand-held power tool (15, fig. 2) including an exhaust nozzle (14, fig. 2) ; and the removable dust collection device (10, fig. 1) including a basic structure (11, fig. 2) including at least one frame (11A, 11B, 11C, fig. 2) configured to receive a variable-shape collection bag (12A, fig. 2) , and at least one connection nozzle (13, fig. 2) extending from the at least one frame and configured to connect to the exhaust nozzle, such that (i) the basic structure and the variable-shape collection bag are arranged in a removable manner on the hand-held power tool ([0032]) , and (ii) the basic structure and the variable-shape collection bag are carried by the hand-held power tool and are moved together with the hand-held power tool ([0026]) ; and Williams does not explicitly disclose the system including the hand-held power tool including at least one communication unit, the removable dust collection device including at least one further communication unit, wherein at least one communication unit of the hand-held power tool is configured to exchange the electronic data with the at least one further communication unit of the removable dust collection device, and wherein controlling the operational readiness of the hand-held power tool or the operation of the hand-held power tool includes preventing operation of an electric motor unit the hand-held power tool based on the electronic data. Williams further does not disclose the method of operating the system comprising controlling an operational readiness of a hand-held power tool or an operation of the hand-held power tool by open-loop or closed-loop control, in dependence on an exchange of electronic data between (i) a removable dust collection device operably connected to the hand-held power tool, and (ii) the hand-held power tool. However, Caspar teaches the system including the hand-held power tool (20B, fig. 1) including at least one communication unit (40B, fig. 1) , the removable dust collection device (70, fig. 2) including at least one further communication unit (100, fig 2) , wherein at least one communication unit of the hand-held power tool is configured to exchange the electronic data with the at least one further communication unit of the removable dust collection device ([0114]) , and wherein controlling the operational readiness of the hand-held power tool includes preventing operation of an electric motor unit (22, fig. 1) of the hand-held power tool based on the electronic data ([0170] describes the vacuum cleaner 70 transmitting electronic data concerning the fill level of the dirt collection chamber 73 to the machine tool 20B and stopping operation of the machine tool 20B if dust removal is no longer possible) . Caspar further teaches the method of operating the system comprising controlling an operational readiness of a hand-held power tool or an operation of the hand-held power tool by closed-loop control, in dependence on an exchange of electronic data between (i) a removable dust collection device operably connected to the hand-held power tool, and (ii) the hand-held power tool (The limitation gives two alternatives wherein a first alternative is, “controlling an operational readiness of a hand-held power tool”, and the second alternative is, “an operation of the hand-held power tool by closed-loop control, in dependence on an exchange of electronic data between (i) a removable dust collection device operably connected to the hand-held power tool, and (ii) the hand-held power tool”. Caspar teaches the first alternative of controlling an operational readiness of a hand-held power tool. That is, [0170] describes the vacuum cleaner 70 transmitting electronic data concerning the fill level of the dirt collection chamber 73 to the machine tool 20B and stopping operation of the machine tool 20B if dust removal is no longer possible) . Caspar is evidence that the system including the hand-held power tool including at least one communication unit, the removable dust collection device including at least one further communication unit, wherein at least one communication unit of the hand-held power tool is configured to exchange the electronic data with the at least one further communication unit of the removable dust collection device, and wherein controlling the operational readiness of the hand-held power tool includes preventing operation of an electric motor unit of the hand-held power tool based on the electronic data was known and within the skill of one having ordinary skill in the art before the effective filing date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success modifying the method for operating a system of Williams to including the hand-held power tool including at least one communication unit, the removable dust collection device including at least one further communication unit, wherein at least one communication unit of the hand-held power tool is configured to exchange the electronic data with the at least one further communication unit of the removable dust collection device, and wherein controlling the operational readiness of the hand-held power tool includes preventing operation of an electric motor unit of the hand-held power tool based on the electronic data, as taught by Caspar. Moreover, the one having ordinary skill in the art would have been motivated to make such a modification because when the variable-shape collection bag is full, the vacuum’s ability to draw in air and dirt is reduced thus adversely affecting tool operation and performance such as causing dust buildup inside the tool, overheating, or poor cut quality. Regarding claim 2, Williams, as modified by Caspar, discloses the invention as recited in claim 1. The modified Williams discloses comparing at least one movement characteristic of the hand-held power tool (Williams – 15, fig. 2) with at least one movement characteristic of the removable dust collection device (Williams – 10, fig. 2) to enable the operational readiness of the hand-held power tool (Caspar – [0172] – [0173] describes a motion sensor on the machine tool detecting a movement pattern that indicates a suction hose 15 has been attached to the machine tool and transmitting this information to a communication module 300 of the vacuum cleaner 70. [0172] – [0173] further describes the vacuum cleaner 70 having a sensor 312 on the communication module 300 detecting a movement pattern that indicates a suction hose 15 has been attached to the vacuum cleaner 70. When the machine tool transmits its information, the communication module compares the two movement patterns to determine if the suction hose is connected to both the machine tool and the vacuum cleaner and establishes a control connection that enables electronic data to be exchanged between the machine tool and the vacuum cleaner – such as that described in [0160]) . 07-21-aia AIA Claim s 6 – 8 are rejected under 35 U.S.C. 103 as being unpatentable over Williams (US 2009/0139048 A1) in view of Caspar (WO 2018/224625 A1) in further view of Flegler (EP 2 436 294 A2) . Regarding claim 6, Williams, as modified by Caspar, discloses the invention as recited in claim 1. The modified Williams discloses the removable dust collection device (Williams – 15, fig. 2) transmitting electronic data concerning the fill level of a dirt collection chamber (Williams – 12A, fig. 2) to the hand-held power tool (Williams – 10, fig. 2) and stopping operation of the hand-held power tool if dust removal is no longer possible (Caspar – [0170]) . The modified Williams does not explicitly disclose evaluating at least one filter characteristic of a filter unit of the removable dust collection device to enable the operational readiness of the hand-held power tool or to control the operation of the hand-held power tool by open-loop or closed-loop control. Flegler, which is reasonably pertinent to the problem faced by the inventor, teaches evaluating at least one filter characteristic of a filter unit (7, fig. 1) of the dust collection device (1, fig. 1) ([0023] describes a pressure sensor 13 which detects the negative pressure in the dust chamber 6 via the air flow through a replaceable filter bag 7 and indirectly measures the fill level of the replaceable filter bag 7) (With the incorporation of the teachings of Flegler with the invention of the modified Caspar, the sensor system 11 of Flegler would be used to detect the fill level of a dirt collection chamber and transmit this electronic data concerning the fill level of a dirt collection chamber to the hand-held power tool and stopping operation of the hand-held power tool if dust removal is no longer possible, described in Caspar in [0170]) . Flegler is evidence that evaluating at least one filter characteristic of a filter unit of the dust collection device was known and within the skill of one having ordinary skill in the art before the effective filing date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success modifying the method for operating a system of Williams to evaluate at least one filter characteristic of a filter unit of the dust collection device, as taught by Flegler. Moreover, the one having ordinary skill in the art would have been motivated to make such a modification because Caspar is silent regarding how the fill level of a dirt collection chamber is evaluated and would look to Flegler for the structures to accomplish this function. Regarding claim 7, Williams, as modified by Caspar, as further modified by Flegler, discloses the invention as recited in claim 6. The modified Williams describes the at least one filter characteristic includes an air stream through the filter unit ([0023] describes a pressure sensor 13 which detects the negative pressure in the dust chamber 6 via the air flow or air stream through a replaceable filter bag 7) . Regarding claim 8, Williams, as modified by Caspar, discloses the invention as recited in claim 1. The modified Williams discloses the removable dust collection device (Williams – 15, fig. 2) transmitting electronic data concerning the fill level of a dirt collection chamber (Williams – 12A, fig. 2) to the hand-held power tool (Williams – 10, fig. 2) and stopping operation of the hand-held power tool if dust removal is no longer possible (Caspar – [0170]) . Flegler, which is reasonably pertinent to the problem faced by the inventor, teaches evaluating a time characteristic ([0023] describes a pressure sensor 13 which detects the negative pressure in the dust chamber 6 via the air flow through a replaceable filter bag 7 and indirectly measures the fill level of the replaceable filter bag 7. An electronics unit 12 then evaluates the output signals of the pressure sensor and if the pressure remains above a first pressure threshold for five minutes continuously, the electronic unit 12 initiates a fault mode) (With the incorporation of the teachings of Flegler with the invention of the modified Caspar, the sensor system 11 of Flegler would be used to detect the fill level of a dirt collection chamber and if the pressure remains above a first pressure threshold for five minutes continuously, transmit this electronic data concerning the fill level of a dirt collection chamber to the hand-held power tool and stopping operation of the hand-held power tool if dust removal is no longer possible, described in Caspar in [0170]) . Flegler is evidence that evaluating a time characteristic was known and within the skill of one having ordinary skill in the art before the effective filing date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success modifying the method for operating a system of Williams to evaluate a time characteristic, as taught by Flegler. Moreover, the one having ordinary skill in the art would have been motivated to make such a modification because Caspar is silent regarding how the fill level of a dirt collection chamber is evaluated and would look to Flegler for the structures to accomplish this function. Allowable Subject Matter 07-43-02 Claims 3 – 5 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims. Claim 9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID G SHUTTY whose telephone number is 571-272-3626. The examiner can normally be reached 7:30 am - 5:30 pm, Monday - Friday. 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 on 571-272-4524. 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. /DAVID G SHUTTY/Examiner, Art Unit 3731 30 May 2026 Application/Control Number: 18/946,577 Page 2 Art Unit: 3731 Application/Control Number: 18/946,577 Page 3 Art Unit: 3731 Application/Control Number: 18/946,577 Page 4 Art Unit: 3731 Application/Control Number: 18/946,577 Page 5 Art Unit: 3731 Application/Control Number: 18/946,577 Page 6 Art Unit: 3731 Application/Control Number: 18/946,577 Page 7 Art Unit: 3731 Application/Control Number: 18/946,577 Page 9 Art Unit: 3731 Application/Control Number: 18/946,577 Page 10 Art Unit: 3731 Application/Control Number: 18/946,577 Page 11 Art Unit: 3731 Application/Control Number: 18/946,577 Page 12 Art Unit: 3731
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