DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on October 20th 2025 in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the references cited therein are considered by the examiner.
Claim Rejections - 35 USC § 102
3. 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.
4. Claims 1 and 2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kakiuchi et al. (US 2012/0298391; “Kakiuchi”).
Regarding claim 1, Kakiuchi discloses a rotary hammer (1; para. [0026]) comprising:
a housing (2);
a tool receptacle (11) extending from a first end (see annotated diagram 1 below) of the housing (2; Fig. 1);
a dust box (61) coupled to the housing (2; Fig. 1);
a motor (3) positioned within the housing (2) and defining a motor axis (see annotated diagram 1 below); and
a drive assembly (14, 15, 16) rotated by the motor (3) about a working axis (see annotated diagram 1 below), the drive assembly (14, 15, 16) arranged relative to the motor (3) so that the motor axis (see annotated diagram 1 below) is at an oblique angle (see annotated diagram 1 below) relative to the working axis (see annotate diagram 1 below).
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Diagram 1
Regarding claim 2, Kakiuchi discloses further comprising a fan (see annotated diagram 1 above) including blades rotated by the motor (3) about a rotational axis that is coaxial with the motor axis (see annotated diagram 1 above; Fig. 1).
Claim Rejections - 35 USC § 103
5. 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.
6. Claim(s) 6, 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kakiuchi et al. (US 2012/0298391; “Kakiuchi”).
Regarding claim 6, Kakiuchi discloses further comprising a transfer tube (55) extending into the first end (see annotated diagram 1 above) of the housing (2) and along the motor (3) to the dust box (61; Fig. 1)
Kakiuchi fails to disclose the transfer tube extending parallel to the motor axis.
It would have been an obvious matter of design choice to have the transfer tube extending parallel to the motor axis, since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 149 USPQ 47 (CCPA 1976).
Regarding claim 7, Kakiuchi discloses wherein the transfer tube (55) is between the motor (3) and the first end (see annotated diagram 1 above) of housing (2; Fig. 1).
Regarding claim 10, Kakiuchi discloses further comprising a controller (25), the controller (25) positioned between a second end (see annotated diagram 1 above) of the housing (2) from which a handle (18) extends and the drive assembly (14, 15, 16).
Kakiuchi fails to disclose the controller extending in parallel with the motor axis.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have the controller extend parallel with the motor axis, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Allowable Subject Matter
7. Claims 11, 19 and 20 are allowed.
Regarding claim 11, the most relevant prior art is Kakiuchi et al. (US 2012/0298391; “Kakiuchi”).
Kakiuchi discloses a rotary hammer (1; para. [0026]) comprising:
a housing (2) defining a front end (see annotated diagram 1 above) and a rear end (see annotated diagram 1 above) opposite the front end (Fig. 1);
a dust box (61) positioned at a bottom end of the housing (2; Fig. 1);
a drive assembly (14, 15, 16) positioned within the housing (2) and defining a working axis (see annotated diagram 1 above) extending between the front end (see annotated diagram 1 above) and the rear end (see annotated diagram 1 above) of the housing (2; Fig. 1);
a motor (3) positioned between the drive assembly (14, 15, 16) and the dust box (61), the motor (3) defining a motor axis (see annotated diagram 1 above) that is at an oblique angle (see annotated diagram 1 above) relative to the working axis (see annotated diagram 1 above; Fig. 1);
a fan (see annotated diagram 1 above) coupled to the motor (3) to generate airflow,
a first transfer tube (55) extending between the front end (see annotated diagram 1 above) and the bottom end (Fig. 1).
Kakiuchi fails to disclose a first transfer tube extending between the front end and the bottom end so that a first airflow generated by the fan travels in parallel with the motor axis.
Kakiuchi’s dust box and power tool are pneumatically separated. There is no fluid flow between them. Due to this, it would not be obvious to modify Kakiuchi with the aforementioned limitation.
Regarding claim 19, the most relevant prior art is Furusawa et al. (US 2017/0355053; “Furusawa”).
Furusawa discloses a rotary hammer (1; para. [0034]) comprising:
a housing (11) defining a first end and a second end opposite the first end (Fig. 2);
a tool receptacle (12) extending from the first end of the housing (11; Fig. 2);
a dust box (7) coupled to the housing (11; Fig. 2);
a motor (20) positioned within the housing (11) and defining a motor axis (Fig. 2); and
an internal transfer tube (15) positioned within the housing (11; Fig. 2).
Furusawa fails to disclose the internal transfer tube extending in parallel with the motor axis from the dust box toward the first end of housing.
It would not have been obvious to modify Furusawa with the aforementioned limitation because the configuration would render the dust box inoperable.
8. Claims 3-5 and 8-9 are is 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.
Regarding claim 3, the most relevant prior art is Kakiuchi et al. (US 2012/0298391; “Kakiuchi”).
Kakiuchi discloses further comprising a filter (64) that is coupled to a shroud (62; Fig. 1), the filter (64) positioned within the dust box (61; Fig. 1).
Kakiuchi fails to disclose the shroud that surrounds the blades, the filter positioned within the dust box.
The shroud (62) is part of the dust box (61; Fig. 1), whereas, the fan is part of the tool assembly. The tool assembly and the dust box are separate elements.
Regarding claim 8, the most relevant prior art is Kakiuchi et al. (US 2012/0298391; “Kakiuchi”).
Kakiuchi discloses the motor (3) and the first end (see annotated diagram 1 above) of the housing (2).
Kakiuchi fails to disclose further comprising a solenoid positioned between the motor and the first end of the housing, the solenoid including a moveable pin arranged in parallel with the motor axis.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EYAMINDAE JALLOW whose telephone number is (571)270-1927. The examiner can normally be reached on Monday-Thursday from 7:30am-5:00pm and alternating Fridays from 7:30am-4:00pm. 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.
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/EYAMINDAE C JALLOW/Primary Examiner, Art Unit 3731