Prosecution Insights
Last updated: July 17, 2026
Application No. 18/973,454

VACUUM-ADHESION ATTACHMENT FOR POWER TOOL AND POWER-TOOL SYSTEM

Non-Final OA §102§103
Filed
Dec 09, 2024
Priority
Jan 11, 2024 — JP 2024-002876
Examiner
CHUKWURAH, NATHANIEL C
Art Unit
Tech Center
Assignee
MAKITA Corporation
OA Round
1 (Non-Final)
85%
Grant Probability
Favorable
1-2
OA Rounds
1y 2m
Est. Remaining
96%
With Interview

Examiner Intelligence

Grants 85% — above average
85%
Career Allowance Rate
1240 granted / 1464 resolved
+24.7% vs TC avg
Moderate +11% lift
Without
With
+11.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
30 currently pending
Career history
1488
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
63.4%
+23.4% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
3.2%
-36.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1464 resolved cases

Office Action

§102 §103
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 . Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on 12/9/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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 (i.e., changing from AIA to pre-AIA ) 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) 1-2, 7-8, 11, 13-16 and 20 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as being anticipated by Rotem et al. (US 11,253,978) hereinafter (Rotem). With regard to claim 1, Rotem discloses a vacuum-adhesion attachment (fig.1) for a power tool (100), comprising: an attachment main body (120) configured to be mounted on a tool main body of the power tool (100) in a detachable manner; a vacuum pump (102), which is housed in the attachment main body; a suction part (112), which has a chamber in fluid communication with the vacuum pump and is configured to be adhered to a surface of a work material in response to the chamber being brought to a reduced pressure state by driving of the vacuum pump; and a valve (108), which is in fluid communication with the chamber of the suction part, is normally in a closed state to block a flow of outside air into the chamber, and is configured to be switched, in response to manual manipulation by a user, to an open state that permits a flow of outside air into the chamber. With regard to claim 2, Rotem discloses a vacuum-adhesion attachment (fig.1), further comprising a pump switch (col. 3, line 21 manipulated indicating a switch or button) configured to be manually manipulated to start and stop driving of the vacuum pump (102). With regard to claim 7, Rotem discloses a vacuum-adhesion attachment (fig.1), further comprising a sliding part (139), which is coupled to the suction part (112) and is supported on the attachment main body so as to be slidable in a first direction relative to the attachment main body. With regard to claim 8, Rotem discloses a vacuum-adhesion attachment (fig.1), wherein: the sliding part comprises: a first sliding member (139), which is supported on the attachment main body (132); and a second sliding member (138), which is coupled to the suction part (112) and is supported on the first sliding member (139) so as to be slidable in the first direction relative to the first sliding member; wherein the attachment main body (119) and the first sliding member are configured so that a support position of the first sliding member is modifiable, in the first direction, by the attachment main body. With regard to claim 11, Rotem discloses A power-tool system (fig.1), comprising: a power tool (100); and a vacuum-adhesion attachment (110); wherein: the power tool comprises: a motor (inherent); a tool main body (as seen in fig.2), which houses the motor; and a main switch (106) configured to operate in response to manual manipulation thereof to start and stop driving of the motor; and the vacuum-adhesion attachment (110) comprises: an attachment main body (132), which is mounted on the tool main body in a detachable manner; a vacuum pump (102), which is housed in the attachment main body; a suction part (112), which has a chamber in fluid communication with the vacuum pump (102) and is configured to be adhered to a surface of a work material in response to the chamber being brought to a reduced pressure state by driving of the vacuum pump; and a valve (108), which is in fluid communication with the chamber of the suction part, is normally in a closed state to block a flow of outside air into the chamber, and is configured to be switched, in response to manual manipulation by a user (col. 3, line 21, manipulated indicating a switch or button), to an open state that permits a flow of outside air into the chamber. With regard to claim 13, Rotem discloses the power-tool system (fig.1), further comprising a control apparatus (electronic components col. 3, line 15) configured to control the operation of at least one of the power tool (120) and the vacuum-adhesion attachment in accordance with the state of the power-tool system. With regard to claim 14, Rotem discloses the power-tool system (fig.1), wherein the control apparatus (electronic components col. 3, line 15) is configured to start driving of the vacuum pump (102) in response to the main switch (106) of the power tool being turned ON. With regard to claim 15, Rotem discloses a power-tool system (fig.1), wherein the control apparatus (electronic components col. 3, line 15) is configured to start driving of the vacuum pump (102) in response to the main switch (106) of the power tool being turned ON and to start driving of the motor of the power tool after a prescribed time has elapsed since the start of the driving of the vacuum pump (the description in col. 3, 1-9 indicates time elapse between placing vacuum pump and starting the motor). With regard to claim 16, Rotem discloses a power-tool system (fig.1), wherein: the vacuum-adhesion attachment (110) further comprises a pressure sensor (pressure differential ΔP, col. 4, line 67 indicates a sensor) configured to measure the pressure in the chamber of the suction part (112) or the pressure in the interior of a suction path that fluidly connects the chamber and the vacuum pump (102); and the control apparatus (electronic components col. 3, line 15) is configured to control the operation of at least one of the power tool (100) and the vacuum-adhesion attachment (110) based on the pressure measured by the pressure sensor. With regard to claim 17, Rotem discloses a power-tool system (fig.1), wherein the control apparatus (electronic components col. 3, line 15) is configured to start driving of the vacuum pump (102) in response to the main switch (108) of the power tool (100) being turned ON and to start driving of the motor of the power tool in response to the pressure measured by the pressure sensor falling below a first threshold (see col. 4, lines 14-24 description). With regard to claim 20, Rotem discloses a power-tool system (fig.1), wherein: the power tool is a drill tool (120) configured to rotationally drive a tool accessory around a drive axis; and the vacuum-adhesion attachment (110) further comprises a sliding part (139), which is coupled to the suction part (112) and is supported on the attachment main body (132) so as to be slidable in a first direction, which is parallel to the drive axis, relative to the attachment main body. Claim Rejections - 35 USC § 103 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 (i.e., changing from AIA to pre-AIA ) 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 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 3-5 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Rotem in view of Goehring et al. (US 2021/0252655) hereinafter (Goehring). With regard to claims 3 and 5, Rotem discloses a vacuum-adhesion attachment (fig.1), but fails to further comprising a pressure sensor configured to measure the pressure in the chamber of the suction part or the pressure in the interior of a suction path that fluidly connects the chamber and the vacuum pump; (Claim 5), further comprising a reporting part configured to report information indicating a state of the vacuum-adhesion attachment. Goehring teaches a power tool including a sensor unit (Par 0019), the sensor unit comprises at least one sensor element, for example a negative-pressure sensor. The sensor element may be arranged, for example, in the suction head, in the dust collection chamber or in the adhesion region. In view of Goehring teachings, it would have been obvious to one having ordinary skill in the art at the time of filing to modify Rotem by providing the reporting part (sensor unit) in order to signal the controller that the aspiration force in the adhesive region falls below a threshold value. With regard to claim 9, Rotem discloses a vacuum-adhesion attachment (fig.1), but fails to further comprising a filter, which is disposed in a suction path that fluidly connects the chamber and the vacuum pump. Goehring teaches a filter (filter element 72) preventing dust from flowing into adhesion region (Par 0045). In view of Goehring teachings, it would have been obvious to one having ordinary skill in the art at the time of filing to modify Rotem by providing the filter element in order to prevent dust from flowing into adhesion region. With regard to claim 10, modified Rotem discloses a vacuum-adhesion attachment (fig.1), including, wherein: the valve (108) is in fluid communication with the chamber via the suction path; and the filter is disposed so that outside air, which flows into the chamber via the suction path in response to the valve being in an open state, passes through the filter. Allowable Subject Matter Claims 4, 6, 12 and 18-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter: With respect to claim 4, the prior art of record does not disclose or teach in combination, further comprising: a control apparatus configured to control operation of the vacuum-adhesion attachment based on the pressure measured by the pressure sensor; wherein the control apparatus is configured to stop driving of the vacuum pump in response to the measured pressure falling below a first threshold during driving of the pump, and thereafter to resume driving of the vacuum pump in response to the measured pressure exceeding a second threshold that is greater than the first threshold; With respect to claim 6, the prior art of record does not disclose or teach in combination, the vacuum-adhesion attachment, further comprising: a pressure sensor configured to measure the pressure in the chamber of the suction part or the pressure in the interior of a suction path that fluidly connects the chamber and the vacuum pump; and a control apparatus configured to control operation of the vacuum-adhesion attachment based on the pressure measured by the pressure sensor; wherein: the control apparatus is configured to stop driving of the vacuum pump in response to the measured pressure falling below a first threshold during driving of the pump, and thereafter to resume driving of the vacuum pump in response to the measured pressure exceeding a second threshold that is greater than the first threshold; and the reporting part is configured to report prescribed information in response to: (i) the measured pressure exceeding the second threshold for a prescribed time period or (ii) the measured pressure exceeding the second threshold for a prescribed count within a prescribed time period. With respect to claim 12, the prior art of record does not teach in combination, the power-tool system, wherein: the power tool comprises a first terminal part; the vacuum-adhesion attachment comprises a second terminal part; the first terminal part and the second terminal part are configured to be electrically connected to each other when the attachment main body is mounted on the tool main body; and the vacuum pump is configured to be driven by the electric power supplied from the power tool via the first terminal part and the second terminal part. With regard to claim 18, Rotem discloses a power-tool system, but does not disclose or teach in combination, wherein the control apparatus is configured to stop driving of the vacuum pump in response to the pressure falling below the first threshold during driving of the pump and thereafter to resume driving of the vacuum pump in response to the pressure exceeding a second threshold, which is greater than the first threshold. Conclusion Refer to attachment for notice of references cited and recommended for consideration based on their disclosure of limitations of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL C. CHUKWURAH whose telephone number is (571)272-4457. The examiner can normally be reached M-F & T-F 7-4:30 IFP. 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 571-260-1926. 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. /NATHANIEL C CHUKWURAH/Primary Examiner, Art Unit 3731 6/16/2026
Read full office action

Prosecution Timeline

Dec 09, 2024
Application Filed
Jun 18, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
85%
Grant Probability
96%
With Interview (+11.0%)
2y 9m (~1y 2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1464 resolved cases by this examiner. Grant probability derived from career allowance rate.

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