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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 19055115, filed on 2/17/2025.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/17/2025 and 8/20/2025 were filed after the filing date of the application on 2/17/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Objections
Claim 4 is objected to because of the following informalities:
Regarding claim 4, “a second flow rate which is different” should be “a second flow rate, wherein the second flow rate is different” for clarity.
Appropriate correction is required.
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, 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 1-10 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Osawa (US 20210046631 A1) in view of Pfisterer (US 20040124721 A1).
Regarding claim 1, Osawa teaches an electric work machine configured to cut a work target, comprising: a working portion (20)and a main body (10 and 40), wherein
the working portion is configured to cut the work target (see Figure 2), the main body includes: a housing (10); a flow path forming portion; a motor (30); and a control unit (50),
the motor is configured to generate rotational power for driving the working portion, the control unit is configured to electrically control rotation of the motor (paragraphs 0020 and 0026-0027),
the flow path forming portion forms an air flow path including a first air flow path;
the first air flow path is configured to communicate with an exterior of the housing so as to allow external air to flow to the motor via the control unit (paragraph 0054), and
Osawa fails to teach a second air flow path, the second air flow path is configured to communicate with an exterior of the housing so as to allow external air to flow directly to the motor.
Pfisterer teaches a power tool including an air flow path including a first air flow path; and a second air flow path (5, 5’ and 5”, see Figure 1), the second air flow path is configured to communicate with an exterior of the housing so as to allow external air to flow directly to the motor (5”, see Figure 1).
It would have been obvious to one of ordinary skill in the art to modify the device of Osawa to add addition air flow path for the motor, as taught by Pfisterer, in order to better allow air flow in the device (paragraph 0018).
Regarding claim 2, modified Osawa further teaches the first air flow path is configured to allow external air to flow to the motor via a first position, and the second air flow path is configured to allow external air to flow to the motor via a second position which is different from the first position (as modified by Pfisterer, see Figure 1 of Pfisterer).
Regarding claim 3, modified Osawa further teaches the second position is a position corresponding to a downstream side of the first air flow path (as modified by Pfisterer, see Figure 1 of Pfisterer).
If there is an doubt that the second position is a position corresponding to a downstream side of the first air flow path. It also would have been obvious to one of ordinary skill in the art to modify the device of Osawa to change the location of the second position to be a position corresponding to a downstream side of the first air flow path. Since the courts have held that a rearrangement of parts of an invention involves only routine skill in the art, absent any showing of unexpected results. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) MEPE 2144.04 VI. C.
Regarding claims 4-5, modified Osawa further teaches the first air flow path is configured to allow external air to flow to the motor at a first air flow rate, and the second air flow path is configured to allow external air to flow to the motor at a second air flow rate (unknown value for the flow rates, as modified by Pfisterer).
Modified Osawa fails to teach the second air flow rate is different from the first air flow rate (as required by claim 4), the first air flow rate is higher than the second air flow rate (as required by claim 5).
It would have been obvious to one of ordinary skill in the art to modified the device of Modified Osawa to change the size of the air flow opening, as taught by Pfisterer. Since, the courts have held that where the general conditions of the invention are met, a change in size is generally recognized as being within the level of ordinary skill in the art., In re Rose, 105 USPQ 237 (CCPA 1955). MPEP 2144.04 IV. A. As the size change the flow rate also changes with it.
Furthermore, with respect to the specific the first air flow rate is higher than the second air flow rate, the courts have held that where the general conditions of the invention are met, a change in size is generally recognized as being within the level of ordinary skill in the art., In re Rose, 105 USPQ 237 (CCPA 1955). MPEP 2144.04 IV. A. Therefore, it would have been obvious to further modify the device of Osawa to have the specific flow rate set forth in the claim to get the desired flow rate wanted by the end user.
Regarding claim 6, modified Osawa further teaches the control unit is disposed below the motor (as the device is a tool that can be placed in different orientation, at least within the position when the guide bar is pointed down to the ground, the control unit is disposed below the motor, for example rotate 90 degrees CCW for Figure 3 of Osawa).
Regarding claim 7, modified Osawa further teaches the first air flow path is, in at least a part thereof, configured to circulate external air upward, after the air passes through the control unit (see Figure 3 of Osawa).
Regarding claim 8, modified Osawa further teaches the housing includes an air intake port for intaking external air into an interior of the housing, and the air intake port is configured to communicate with the first air flow path and the second air flow path (as modified by Pfisterer, air flow meet up, see Figure 1 of Pfisterer).
Regarding claim 9, modified Osawa further teaches the housing includes an air intake port for intaking external air into an interior of the housing, the air intake port includes a first air intake port (70 of Osawa) and a second air intake port which is provided at a position different from a position of the first air intake port, the first air intake port is configured to communicate with the air flow path, and the second air intake port is configured to communicate with the second air flow path (as modified by Pfisterer, see Figure 1 of Pfisterer).
Regarding claim 10, modified Osawa further teaches the main body further includes a filter, the filter includes a collection surface for collecting a collection target contained in external air, and the collection surface is disposed above the air intake port so as to cover an inlet of the air flow path (fitter 100, see Figure 7 of Osawa).
Regarding claim 12, modified Osawa further teaches the control unit includes a heat sink that dissipates heat generated by the control unit, the heat sink is configured to: include a plurality of cooling fins; and be disposed in the first air flow path, and the cooling fin is provided such that a longitudinal direction of the cooling fin is parallel to a flowing direction of circulated air (paragraph 0090 of Osawa).
Regarding claim 13, modified Osawa further teaches the electric work machine being a cutter, a hedge trimmer, a brush cutter or a chainsaw (see Figure 1 of Osawa).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Osawa (US 20210046631 A1) in view of Pfisterer (US 20040124721 A1) and in further view of Suzuki (US 20230286129 A1).
Regarding claim 11, modified Osawa further teaches the main body further includes a battery (see Figure 3 of Osawa), the battery is disposed in the housing (see Figure 3 of Osawa).
Modified Osawa fails to teach the battery is disposed in the housing so as to form a battery cooling flow path, which communicates with the air flow path, between the battery and the housing.
Suzuki teaches the battery is disposed in the housing so as to form a battery cooling flow path, which communicates with the air flow path, between the battery and the housing (see Figure 6).
It would have been obvious to one of ordinary skill in the art to modify the device of Osawa to add an air path to the batter, as taught by Suzuki, in order to better cool the battery (abstract of Suzuki).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIANG DONG whose telephone number is (571)270-0479. The examiner can normally be reached Monday - Thursday 8 AM-6 PM.
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/LIANG DONG/Examiner, Art Unit 3724 6/12/2026
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