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 .
Response to Amendment
The amendment filed 05/11/2026 has been entered. Claims 14 and 16-30 are pending in the application.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 14-26 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 14 recites the limitation "or main handle axis" in. There is insufficient antecedent basis for this limitation in the claim.
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 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) 14 and 16-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DEHDE (EP 2228171 A1).
Regarding claims 14 and 24, DEHDE discloses power tool (34) connectable to an elongate tool (54) extending forward in a spatial direction (50), the power tool designed to drive the tool to perform a rotating movement about an axis of rotation or a striking movement in an impact axis (48, [0020-0023], fig. 1) the power tool comprising: a releasably connectable dust collection box (30) designed to extract dust-laden air from a working region (tool opening 72) of the power tool and to filter out the dust from the dust-laden air via a filter (26/66) such that the dust can be collected in an interior space (interior of 30) of the dust collection box until the dust collection box is emptied; and
a main body (44) defining a center plane (axis 48 forming plane parallel to 20/22), the center plane dividing the main body into a first side and a second side (plane through center of 28 and center 54/46 will from side predominantly without power tool device 10 and opposing side with predominantly/most of power tool device 10, figs. 1-2), the center plane containing the axis of rotation or the impact axis (48) as well as a motor axis or main handle axis (axis running through chuck 46 to upper portion of 58 with curved indent for gripping);
the dust collection box (30) having an inlet (suction head 28) for the dust-laden air arranged predominantly on the first side, while the filter is arranged predominantly on the second side (figs. 2-3 show filter 26/66 arranged predominantly on the second side); wherein the dust-laden air is guidable from the working region (72) through a suction channel (74/annular opening) to the inlet (suction head 28), the center plane running through the suction channel ([0020-0036], figs. 1-3).
Regarding claim 17, DEHDE discloses a seal (76) designed to direct the dust-laden air into the dust collection box ([0028], figs. 2-3).
Regarding claims 21-22 and 25, DEHDE discloses the dust collection box has a seal (filter cover 67) designed to seal an upper region of the dust collection box in relation to a lower region of the dust collection box, wherein the seal (67) is integrated in a filter frame of the dust collection box ([0029], fig. 3).
Regarding claims 16, 23, and 26, DEHDE discloses the filter (26/66) is designed as a lamella filter [0029], with the air flow through the dust collection box striking perpendicularly against lamellae of the lamella filter (figs. 1-3), the suction channel (74) is telescopic (guide arms 20, 22 are telescopic, [0023-0036], figs. 1-3).
Regarding claims 18, DEHDE discloses the dust collection box (30) has a seal (partition and elevations 90, 92, 94, 96, 100, 102 and filter with filter cover 67) designed to direct purified air from the filter to a suction unit (fan of motor) of the dust collection box (30).
Regarding claims 19 and 21, DEHDE discloses the power tool has a first seal (76) for conducting the dust-laden air into the dust collection box and a second seal (top seal 67 and/or filter 66/26) for conducting the purified air from the filter to a suction unit (fan) of the dust collection box, the first seal and the second seal being oriented in a same spatial direction (both direct to 22/70), wherein the dust collection box has a seal (filter cover 67) designed to seal an upper region (top) of the dust collection box in relation to a lower region (bottom plate 66/26) of the dust collection box (30, [0020-0036], figs. 1-3).
Regarding claim 20, DEHDE discloses the dust collection box has an air guide element (74) formed integrally (diversion channel 74, [0020-0036], figs. 1-3).
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.
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.
Claim(s) 27-30 is/are rejected under 35 U.S.C. 103 as obvious over DEHDE (EP 2228171 A1) in view of Reich et al. (US 6514131 B1) in view of Ullrich et al. (US 20190358758 A1).
Regarding claims 27-28, DEHDE discloses the dust collection box has a seal (67) with a filter frame (26/66, figs. 2-3) but fails to disclose having three seals, the three seals each being integrated in the filter frame and the air guide element is an air guiding-plate, the air guide element being formed from plastic, the air guide element having a perforated bottom.
Ullrich et al. a dust collection box (100/110) with a filter frame (146/148) having three seals (152/154 and rubber ring seal), the three seals each being integrated in the filter frame and an air guide element (144) that is an air guiding-plate ([0084-0085], figs. 1-4), the air guide element being formed from plastic [0008], the air guide element having a perforated bottom (perforated bottom shown, fig. 1).
Reich et al. teaches a power tool (10) having a dust collection box (21/121/321) with a filter frame (figs. 1-5) having three seals (23/123, 122, valve 60/valve flap 160, bead 33, dust baffles 65), the three seals each being integrated in the filter frame and a air guide element (322 or valve 60/valve flap 160, figs. 10-11) that is an air guiding-plate, the air guide element being formed from plastic (col. 1, lines 1-35), the air guide element having a perforated bottom (openings 40 on sides and bottom, col. 3, line 7 - col. 5, line 65, figs. 1-13).
Given the teachings of DEHDE to have a dust collector with a suction channel and a filter with the air flow through the dust collection box and seals for sealing the dust box/filter, it 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 to modify the dust collection box with having three seals, the three seals each being integrated in the filter frame and the air guide element is an air guiding-plate, the air guide element being formed from plastic, the air guide element having a perforated bottom to have better leaking prevention, sealing a clean filter when installing, preventing and/or for directing air to and from the filter purposes as taught by Ullrich et al. and Reich et al.
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as obvious over DEHDE (EP 2228171 A1) in view of NEMETZ et al. (US 20180199794 A1) in view of Ullrich et al. (US 20190358758 A1).
Regarding claim 29, DEHDE discloses a fan but fails to disclose the fan being between the filter and the suction channel, the fan intersecting the center plane.
NEMETZ et al. teaches a fan (1088) being between a filter (1038) and a suction channel (1092), the fan intersecting a center plane ([0035, 0051-0060], figs. 1-3).
Ullrich et al. also teaches a fan (106/108) being between a filter (150) and a suction channel (28), the fan intersecting a center plane ([0082-0084], figs. 1-3).
Given the teachings of DEHDE to have a dust collector with a suction channel and a filter with the air flow through the dust collection box and seals for sealing the dust box/filter, it 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 to modify the fan being between the filter and the suction channel, the fan intersecting the center plane to have better for directing air to the filter, sealing the motor away from filter, and easier to change the filter (keeping away from hot motor) purposes as taught by Ullrich et al. and NEMETZ et al.
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as obvious over DEHDE (EP 2228171 A1) in view of Valentini (US 7118609 B2).
Regarding claim 30, DEHDE discloses the dust collection box has an outlet (discharge duct/diversion channel [0028-0030], figs. 1-3) but fails to disclose the outlet being larger than the inlet.
Valentini teaches having a dust collection box (13) with a filter (22) with the filter predominantly on one side (fig. 5), the dust collection box has an outlet (21) and inlet (15), the outlet (21) shown being larger than the inlet (col. 2, line 20 - col. 4, line 8, figs. 1-5).
Given the teachings of DEHDE to have a dust collector with a suction channel and a filter with the air flow through the dust collection box and seals for sealing the dust box/filter, it 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 to modify the outlet being larger than the inlet to have better exiting of the exhaust, easier removal/install of a filter, and sealing purposes (larger lid with layers of seals) as taught by Valentini.
Response to Arguments
Applicant’s arguments with respect to claim(s) 14 and 16-30 have been considered but are moot because the new ground of rejection does not rely on all references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Additional prior art considered pertinent: see form 892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF can be reached at (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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/ROBERT F LONG/Primary Examiner, Art Unit 3731
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