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 .
DETAILED ACTION
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are:
the “heat conductive member” (Claims 1-2 and 18), and
the “heat dissipating member” in (claims 1-2, 16 and 18).
With regard to the term “heat conductive member”:
first, the term “member” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “heat conductive”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the term “heat conductive” preceding the generic placeholder describes the function, not the structure, of the heat conductive member.
With regard to the term “heat dissipating member”:
first, the term “member” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “heat dissipating”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the term “heat dissipating” preceding the generic placeholder describes the function, not the structure, of the “heat dissipating member”.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
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.
Claims 1-2, 5-9, 13-14, 16-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPGPUB 20190388983, Numata.
Regarding Claim 1, Numata discloses a cut-off saw (abstract), comprising:
a housing (7, 13 and 3) having an opening (opening exposed when cover 19 is removed);
an electric motor 20 having a motor shaft (21);
an output shaft (spindle 26) for mounting and driving a saw blade (par 0037);
a transmission assembly (21a and 25) for transmitting power between the motor shaft and the output shaft (par 0045);
a heat conductive member (70, par 0070) connected to the housing (operatively connected) and at least partially located outside the housing (e.g. outside of housing portion comprising 7, 13, and 3, when cover 19 is removed, as shown in fig 2); and
a circuit board assembly (30, 40, 50, 60 and 61) comprising a circuit board (60) connected to a heat dissipation member (30, 40 and 35, par. 0068);
wherein the heat dissipation member (e.g. at least portion 30 and 40 thereof) is at least partially exposed relative to the housing through the opening (e.g. fig 2, when the part 16 is removed from the remainder of the housing) and is in thermal contact with the heat conductive member (par 0067-0070).
Regarding Claim 2, in Numata: the opening is located on a front bottom surface of the housing (looking at fig 1, the portion of the housing facing the shaft 17 may be considered a front portion, and the cover 19, and thus the opening formed when the cover 19 is removed, is on a bottom portion of the front portion), the heat conductive member 70 is connected to the housing around the opening (fig 2) and has a heat conductive plane (planar portion of part 70) covering the opening (since this part partially covers the opening that is present when the cover 19 is not attached, see fig. 2), and the heat dissipation member (30, 40, 35) is in contact with the heat conductive member 70 through the heat conductive plane, (See: Fig. 2, since the parts are connected, see also par 0070).
Regarding Claim 5, in Numata: the device further comprising a sealing member (e.g. 76), wherein the sealing member is disposed around (near) the opening and fills gaps between the housing, the heat dissipation member, and the heat conductive member (see: fig. 8).
Regarding Claim 6, in Numata: the heat conductive member is a wear-resistant metal member (see par 0057 and 0070, which disclose that the part 70 is made of aluminum alloy, which is known in the mechanical arts to be at least partially wear resistant).
Regarding Claim 7, in Numata: the heat dissipation member (30/40) is a heat dissipation box (a box is defined in Merriam Webster’s Dictionary as “an often small space, compartment, or enclosure”, which is met by the structure of parts 30 and 40), a side of the heat dissipation box facing away from the circuit board (see annotated fig 7 below) has a plurality of heat dissipation through holes (see annotated fig 7 below) and the plurality of heat dissipation through holes penetrate a box body of the heat dissipation box along a direction basically parallel to a plane where the circuit board is located (see annotated fig 7 below).
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Regarding Claim 8, in Numata: the device further comprises a fan (24), wherein the fan is mounted on the motor shaft (fig 5, par 0044), the housing has an air inlet (11a) and an air outlet (“exhaust ports”, see par 0044), and a cooling airflow enters the housing from the air inlet, flows through the circuit board assembly (at least in part since the airflow is said to reach the controller, even if in an insufficient manner, see par 0066) and the electric motor in sequence (par 0066), and is discharged from the air outlet (par 0066).
Regarding Claim 9, in Numata: the device further comprises an air guide plate (28) connected to the housing and located inside the housing (par 0066, fig 2), wherein the housing, the air guide plate, and the heat dissipation box form a first airflow channel between the air inlet and the plurality of heat dissipation through holes, and the cooling airflow enters the housing from the air inlet and passes through the first airflow channel and the plurality of heat dissipation through holes in sequence (par 0066).
Regarding Claim 13, in Numata the heat dissipation box (30/40) is located below the electric motor (at least a portion of the part 40 of the heat dissipation box is located below a portion of the motor 20, as seen in fig 3), a projection (e.g. any of the projections in the radial direction of part 40) of the heat dissipation box and a projection of the electric motor (e.g. the shaft) in an up and down direction at least partially coincide (See figs 3-5), and a cooling airflow passes through the plurality of heat dissipation through holes and then enters a motor housing through an inner cavity of the housing (since the airflow of par 0066 passes through the motor and partially through the portions of the heat dissipation member connected to the motor, par 0066 and par 0067, which discloses that the part 40 is “cooled” by the outside air).
Regarding Claim 14, in Numata the circuit board is located below the electric motor (at least a portion of the part 40 of the heat dissipation box is located below a portion of the motor 20, as seen in fig 3), and a projection of the circuit board and a projection of the electric motor in an up and down direction at least partially coincide (e.g. any of the projections in the radial direction of part 40, coincide with at least a part of motor shaft 21a of motor 20) .
Regarding Claim 16, Numata discloses a cut-off saw (abstract), comprising:
a housing (7 and 3) having an opening (opening exposed when cover 19 is removed);
an electric motor 20 having a motor shaft 21,
an output shaft 26 for mounting and driving a saw blade (par. 0037);
a transmission assembly (21a and 25) for transmitting power between the motor shaft and the output shaft (par 0045); and
a circuit board assembly (30, 40, 50, 60 and 61) comprising a circuit board (60) connected to a heat dissipation member (30, 40 and 35, par. 0068), wherein the heat dissipation member is at least partially exposed relative to the housing through the opening (e.g. fig 2, when the part 16 is removed from the remainder of the housing).
Regarding Claim 17, in Numata, the housing comprises a body portion 2 extending along a front and rear direction (fig 1), the body portion has a support surface (bottom of plate 2, e.g. facing right in fig 1) for supporting the cut-off saw when the cut-off saw is placed horizontally (par 0041), the motor shaft extends along a motor axis (fig 2), and the motor axis obliquely intersects with the support surface (e.g. at least when the plate 2 is tilted about the shaft 17, see par 0042).
Regarding Claim 18, in Numata, the device further comprising a second housing 13, wherein the second housing is connected to the housing and is located outside the housing (fig 1), the transmission assembly is at least partially located in the second housing (fig 2-3), and a central axis of the second housing obliquely intersects with a support surface (at least when the plate 2 is tilted about the shaft 17, see par 0042).
Regarding Claim 20, Numata discloses a cut-off saw (abstract), comprising:
a housing (3, 7, and 11) having an air inlet (11a);
an electric motor 20 having a motor shaft 21;
an output shaft 26 for mounting and driving a saw blade 12 (par 0037); and
a transmission assembly (21a and 25) for transmitting power between the motor shaft and the output shaft (par 0035);
a circuit board assembly (30, 40, 50, 60 and 61) comprising a circuit board (60), a heat dissipation box (30, 40 and 35, par. 0068), and a plurality of heat dissipation through holes (see annotated fig 7 below), wherein the circuit board is connected to the heat dissipation box (fig 7), and the plurality of heat dissipation through holes penetrate a box body of the heat dissipation box along a direction basically parallel to a plane where the circuit board is located (see annotated fig 7 below);
and an air guide plate 28 connected to the housing and located inside the housing (fig 5), wherein the housing, the air guide plate, and the heat dissipation box form a first airflow channel between the air inlet and the plurality of heat dissipation through holes (at least in part since the airflow is said to reach the controller, even if in an insufficient manner, see par 0066), and a cooling airflow enters the housing from the air inlet and passes through the first airflow channel and the plurality of heat dissipation through holes in sequence (since the airflow of par 0066 passes through the motor and partially through the portions of the heat dissipation member connected to the motor, par 0066 and par 0067, which discloses that the part 40 is “cooled” by the outside air).
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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 of this title, 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.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Numata in view of USPGPUB 20230398614, Vandenbush.
Regarding Claims 10-12, Numata discloses all of the limitations of Claim 8 as discussed above. Also, in Numata: the electric motor 20 has a motor housing 11 (Claim 10), and the air inlet is located on a left wall and/or a right wall of a middle and rear part of the housing (fig’s. 1-3), (Claim 12).
Numata lacks: the housing and the motor housing form a second airflow channel between the electric motor and the air outlet, and the cooling airflow flows through the electric motor in the motor housing and is discharged from the air outlet through the second airflow channel (Claim 10), and wherein the first airflow channel is basically sealed between the air inlet and the plurality of heat dissipation through holes, and/or the second airflow channel is basically sealed between the electric motor and the air outlet (Claim 11), and wherein the air inlet is located on a left wall and/or a right wall of a middle and rear part of the housing, and the air outlet is located at a front part of the housing (Claim 12).
Vandenbush discloses a saw device with a ventilation system in the same field of endeavor as the saw device with a ventilation system of the present invention and discloses that such a system includes a housing 15, and a motor housing 60 and the housing and the motor housing form a first airflow (232a) a second airflow channel (232b) between the electric motor 62 and an air outlet 240, and the cooling airflow (of the second airflow channel/path) flows through the electric motor in the motor housing and is discharged from the air outlet through the second airflow channel (par 0063) (Claim 10), and wherein the first airflow channel 232a is basically sealed between an air inlet 236 and a plurality of heat dissipation through holes (of heat sin 70, fig 6B and fig 4, par 0062-0063), and the second airflow channel is basically sealed between the electric motor and the air outlet (par 0063) (Claim 11), and wherein and the air outlet is located at a front part of the housing (fig 4) (Claim 12), in order to cool both a motor and a heat dissipation member at the same time via the same cooling air, while preventing dust and debris from entering certain parts of the body, par 0062.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Numata by including the housing and the motor housing form a second airflow channel between the electric motor and the air outlet, and the cooling airflow flows through the electric motor in the motor housing and is discharged from the air outlet through the second airflow channel (Claim 10), and wherein the first airflow channel is basically sealed between the air inlet and the plurality of heat dissipation through holes, and/or the second airflow channel is basically sealed between the electric motor and the air outlet (Claim 11), and wherein the air inlet is located on a left wall and/or a right wall of a middle and rear part of the housing, and the air outlet is located at a front part of the housing (Claim 12) in order to cool both a motor and a heat dissipation member at the same time via the same cooling air, while preventing dust and debris from entering certain parts of the body, as taught by Vandenbush.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Numata in view of WO2020227014A1, Schmitz.
Regarding Claim 15, Numata discloses all of the limitations of Claim 1 as discussed above.
Numata also discloses that the tool and motor may be powered by a battery pack (par 0078), the housing comprising a body portion (fig 1), wherein the battery pack supplies power to at least the electric motor (par 0078).
Numata lacks a battery compartment cover, a battery compartment is formed inside the body portion, the battery compartment cover has a closed state and an open state, in the closed state, the battery compartment cover seals the battery compartment, and, in the open state, the battery pack is detachably inserted into or removed from the battery compartment along a left and right direction.
Schmitz discloses battery powered saw device in the same field of endeavor as the battery powered saw device of the present invention; and discloses that such a system includes a battery compartment cover (230), a battery compartment (72) is formed inside the body portion (fig 11), the battery compartment cover has a closed state (fig 8) and an open state (fig 6), in the closed state (fig 8), the battery compartment cover seals the battery compartment, and, in the open state, the battery pack is detachably inserted into or removed from the battery compartment along a left and right direction (fig 6, par 0022 and 0030) in order to prevent dust from entering the battery receptacle (par. 0030).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Numata by including a battery compartment cover, a battery compartment is formed inside the body portion, the battery compartment cover has a closed state and an open state, in the closed state, the battery compartment cover seals the battery compartment, and, in the open state, the battery pack is detachably inserted into or removed from the battery compartment along a left and right direction in order to prevent dust from entering the battery receptacle, as taught by Schmitz.
Allowable Subject Matter
Claims 3-4 and 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 regard to Claims 3-4 and 19, each of Numata, Vandenbush, and Schmitz discloses various aspects of a power tool with a heat dissipating function having the features as set forth in the claims and noted above. However, none of the references, alone or in combination, disclose that the tool also includes: wherein the liquid cooling system sprays coolant onto the saw blade when the cut-off saw is cutting, and the coolant moves through the heat conductive member after leaving the saw blade (Claims 3-4), nor static electricity generated in a cutting process is transferred to the saw blade through the heat dissipation member the heat conductive member, and the second housing and then released to the ground (Claim 19). Furthermore, none of these references by themselves or in combination with the other prior art cited teach the claimed invention set forth in claims 3-4 or to include the features of claims 1-2, nor of claim 19 to also include the features of claim 16. For instance, with regard to claims 3-4, specifically, even though it is common in the art to spray coolant onto blades, in order to cool the blades, no references were found which include directing coolant through a heat conductive member after said coolant leaves the blade. Specifically, USPGPUB 20190224760, Amaya discloses a blade including vanes for directing coolant to an exterior of the blade, but lacks the teaching of directing such coolant toward a heat conducting part. Also, USPN 3436990, Tourion, discloses that a coolant may be directed to a blade in order to be deflected from the blade onto a work surfaces. However, again, this teaching lacks directing the coolant from the blade toward a heat conducting member. Finally, USPGPUB 20160149472, Pal, discloses that it is beneficial to direct coolant toward a heat dissipating and conducting portion of a powered tool. However, there would be no reason to combine these teachings to arrive at the invention of Claims 3-4 (including the limitations of claims 1-2). Finally, with regard to claim 19, Numata, teaches the features of the device further comprises a heat conductive member (70, par 0070), wherein the heat conductive member, the heat dissipation member, and the second housing are connected (fig 2), the heat dissipation member, the heat conductive member, are all made of conductive materials (par 0050 and 0070). Also, USPN 5989116, Bruce discloses that blades can be made of conductive materials, and USPN 2518939, Ross, teaches the blade cover and the saw blade made of conductive materials. However, none of the cited art or Cited references teaches static electricity generated in a cutting process being transferred to a saw blade through the heat dissipation member the heat conductive member, and the second housing and then released to the ground.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPNs/USPGPUBs 20190388983 4920574 20240227232 20070017105 20220266361 10875170 20220266361 10875170 10875170 20240058879 18446239 4920574 20260151838 and WO 2021107827 A1 CN211729513U CN214430378U disclose state of the art power tools with heat dissipators, while USPGPUBs 20220203513 20240308108 20260151838 disclose powered cutting tool/s with a cooling paths, and USPN/USPGPUBs 20250276466 10322518 20170259452 20230191646 18172759 20090158907 show heat dissipator plates, and US20120250248 discloses directing cutting energy to the ground/earth. Thus, each of these references disclose elements relevant to the present invention/application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FERNANDO A AYALA whose telephone number is (571)270-5336. The examiner can normally be reached Monday-Friday 9am-5pm Eastern standard.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached on 571-272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FERNANDO A AYALA/Examiner, Art Unit 3724
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
