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 Preliminary Amendment
The preliminary amendment filed 02/26/2025 has been entered. Claims 14-26 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.
The terms/phrases “forward spatial direction” and “sectional illustration” in claim 14 are relative terms which renders the claim indefinite. The phrase “virtual center plane dividing the main body in a sectional illustration, looking from a forward spatial direction, into a first side and a second side” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Since no axis has been recited, relative structural reference, or frame of reference it is not clear what “forward spatial direction” is limited to or the meets/bounds of the “spatial direction”. Also, since a shape is not defined it is not clear what the “virtual center plane dividing the main body in a sectional illustration” is also limited to and what the “sectional illustration” is directed to. It appears the “sectional illustration” is the cross-section illustration in the right corner of figure 5 being divided by the virtual plane 20?
Claim 14 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite in that it fails to point out what is included or excluded by the claim language. This claim is an omnibus type claim. The phrase “sectional illustration” is referring to the drawings, presumably figure 5, cross-section illustration in the right corner of figure 5, making it unclear what is included or excluded from figure 5.
Claim 24 recites the limitation "an inlet" in. There is antecedent basis for this limitation in the claim but is confusing for the duplication of “an inlet”. Since claim 24 depends on claim 14 and claim 14 already recites “an inlet” it is not clear if this second recitation of “an inlet” is another/second inlet or is referring to the first “an inlet”. If claim 24 is referring to the “inlet” of claim 14, then the phrase “an inlet” in claim 24 should be recited - - the inlet - -
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, 17, and 21-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MACHIDA et al. (US 20190314943 A1).
Regarding claims 14 and 24, MACHIDA et al. discloses a power tool (1, figs. 1 and 7 [0056-0062]) connectable to an elongate tool (tool bit - long bit LB) extending forward in a spatial direction, the power tool designed to drive the tool (tool bit - long bit LB) to perform a rotating or striking movement ([0056], figs. 1-8), the power tool comprising:
a releasably connectable dust collection box (42) designed to extract dust-laden air from a working region (104) of the power tool [0062] and to filter out the dust from the dust-laden air via a filter (72) such that the dust can be collected in an interior space (D2, figs. 10-12) of the dust collection box until the dust collection box is emptied [0086-0089]; and
a main body (64) defining a virtual center plane (vertical plane running perpendicularly and centrally to figure 10A), the virtual center plane dividing the main body in a sectional illustration (two sections), looking from a forward spatial direction, into a first side and a second side (first side with inlet 78 and second side with filter 72);
the dust collection box having an inlet (78) for the dust-laden air arranged predominantly on the first side of the virtual plane dividing the dust collection box (figs. 9-12), while the filter (72) is arranged predominantly on the second side other side of the virtual plane ([0056-0092], figs. 9-12).
Regarding claim 17, MACHIDA et al. discloses a seal (69) designed to direct the dust-laden air into the dust collection box ([0069], fig. 10).
Regarding claims 21-22 and 25, MACHIDA et al. discloses the dust collection box has a seal (82) 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 (67/69) is integrated in a filter frame of the dust collection box ([0068], fig. 10).
Regarding claims 23 and 26, MACHIDA et al. discloses the filter is designed as a lamella filter, with the air flow through the dust collection box striking perpendicularly against lamellae of the lamella filter (72/81, [0068-0069, 0108], figs. 9-12).
Claim Rejections - 35 USC § 102/103
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) 14-15, 17-22, and 24-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Obermeier et al. (US 5467835 A) or, in the alternative, under 35 U.S.C. 103 as obvious over Obermeier et al. (US 5467835 A) in view of MACHIDA et al. (US 20190314943 A1) and further in view of OHLENDORF (EP 1661662 B1).
Regarding claims 14 and 24, Obermeier et al. discloses a power tool (drilling/chiseling tool, fig. 1) connectable to an elongate tool (tool bit 7) extending forward in a spatial direction, the power tool designed to drive the tool (tool bit 7) to perform a rotating or striking movement (drilling and chiseling tool, col. 2, line 44-67, claim 1), the power tool comprising:
a releasably connectable dust collection box (separating device 11, housed in a cavity 18 removable with lid 20) designed to extract dust-laden air (B/drilling dust) from a working region (drill chuck 6/substratum or layer A) of the power tool and to filter out the dust from the dust-laden air via a filter (14) such that the dust can be collected in an interior space (chamber K1) of the dust collection box until the dust collection box is emptied; and
a main body (13) defining a virtual center plane (vertical plane perpendicular to figure taken longitudinally of 13 is about center of filter 14, see annotation of fig. 2 below), the virtual center plane dividing the main body in a sectional illustration (fig. 2), looking from a forward spatial direction, into a first side and a second side (first and second chambers K1+ part of filter 14, K2 + part of filter 14 where filter 14 is overlapping both and overlapping K2 more);
the dust collection box having an inlet (12) for the dust-laden air (B/drilling dust) arranged predominantly on the first side of the virtual plane dividing the dust collection box (12 opens to K1 and top portion of K1, predominantly on K1 side with K2 being further from 12 and K2 is blocked from the filter 14 on the other side of the filter – see annotation below with arrows showing predominant opening to K1), while the filter is arranged predominantly on the second other side of the virtual plane (fig. 2 shows filter 14 predominantly on the second with K2 since the filter extends further into second side making K2 smaller than K1, see annotation below, col. 2, line 44- col. 3, line 65, figs. 1-3); and
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Regarding claim 15, Obermeier et al. discloses the dust-laden air is guidable from the working region (drill chuck 6/substratum or layer A) through a suction channel (line 10 of suction apparatus 8) to the inlet (12), the virtual center plane running through the suction channel (fig. 1 – see annotation below).
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Regarding claims 17, 22, and 25, Obermeier et al. discloses a seal (23 and/or lid 22) designed to direct the dust-laden air into the dust collection box, wherein the seal is integrated in a filter frame (14/16/17) of the dust collection box (col. 3, lines 47-52, claims 6-7, figs. 1-3).
Regarding claims 18, Obermeier et al. discloses the dust collection box (separating device 11) has a seal (23) designed to direct purified air from the filter to a suction unit (suction blower wheel) of the dust collection box (lead through diversion channel 21 to suction blower).
Regarding claims 19 and 21, Obermeier et al. discloses the power tool has a first seal (top seal 23 at plate 16) for conducting the dust-laden air into the dust collection box and a second seal (bottom seal 23 at plate 17) for conducting the purified air from the filter to a suction unit of the dust collection box, the first seal and the second seal being oriented in a same spatial direction (oriented on same plane side, same plane), wherein the dust collection box has a seal designed to seal an upper region (top plate 16) of the dust collection box in relation to a lower region (bottom plate 17) of the dust collection box (col. 3, lines 47-52, claims 6-7, figs. 1-3).
Regarding claims 20, Obermeier et al. discloses the dust collection box has an air guide element formed integrally (diversion channel 21).
Regarding claims 14, 17-21, and 24, Obermeier et al. discloses the invention as substantially claimed. See above. In the alternative, if it can be argued that Obermeier et al. fails to disclose having the dust collection box having an inlet for the dust-laden air arranged predominantly on the first side of the virtual plane dividing the dust collection box, while the filter is arranged predominantly on the second side other side of the virtual plane and a first seal for conducting the dust-laden air into the dust collection box and a second seal for conducting the purified air from the filter to a suction unit of the dust collection box, the first seal and the second seal being oriented in a same spatial direction, wherein the dust collection box has a seal designed to seal an upper region of the dust collection box in relation to a lower region of the dust collection box-
MACHIDA et al. teaches a power tool (1, figs. 1 and 7 [0056-0062]) with a dust collection box (42) with a main body (64) defining a virtual center plane (vertical plane running perpendicularly and centrally to figure 10A), the virtual center plane dividing the main body in a sectional illustration (two sections), looking from a forward spatial direction, into a first side and a second side (first side with inlet 78 and second side with filter 72);
the dust collection box having an inlet (78) for the dust-laden air arranged predominantly on the first side of the virtual plane dividing the dust collection box (figs. 9-12), while the filter (72) is arranged predominantly on the second side other side of the virtual plane ([0056-0092], figs. 9-12) and teaches having a seal (69) of a discharge port (68 [0068-0073], figs. 9-12).
OHLENDORF also teaches a power tool (2, fig. 1) having dust collector (8) with dust collection box (30/52) having two filters (fine separator 14 and lamella filter 42) arranged predominantly on different sides, with filter (42) designed as a lamella filter (lamella separator 42), with the air flow through the dust collection box striking perpendicularly against lamellae (44 [0028]) of the lamella filter to filter the air and route the air back to cool the motor (abstract, [0022-0034], figs. 1-4).
Given the teachings of Obermeier et al. 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 an inlet for inlet for the dust-laden air arranged predominantly on the first side of the virtual plane dividing the dust collection box, while the filter is arranged predominantly on the second side other side of the virtual plane and a first seal for conducting the dust-laden air into the dust collection box and a second seal for conducting the purified air from the filter to a suction unit of the dust collection box, the first seal and the second seal being oriented in a same spatial direction, wherein the dust collection box has a seal designed to seal an upper region of the dust collection box in relation to a lower region of the dust collection box for sealing the inlet/dust box and outlet, having the dust box with different compartments to have more than one type of filter with a fine separator and the other blocking larger material particles and aiding in cooling the motor with clean filtered air workpiece and/or for directing air to and from the filter purposes as taught by MACHIDA et al. and OHLENDORF.
Claim(s) 16, 23, and 26 is/are rejected under 35 U.S.C. 103 as obvious over Obermeier et al. (US 5467835 A) in view of MACHIDA et al. (US 20190314943 A1) and further in view of OHLENDORF (EP 1661662 B1).
Regarding claim 16, 23, and 26, Obermeier et al. shows the filter (14) is folded/pleated (fig. 3) which is a lamella filter with the air flow through the dust collection box striking perpendicularly against lamellae of the lamella filter (fig. 3 shows air hitting perpendicularly) but fails to discloses the suction channel (line 10 of suction apparatus 8) is telescopic and explicitly disclose the filter designed as a lamella filter, with the air flow through the dust collection box striking perpendicularly against lamellae of the lamella filter.
MACHIDA et al. teaches a power tool (1, figs. 1 and 7) having dust collector (40) with dust collection box (42), a suction channel (sliding portion 43 with flexible hose/line 103) is telescopic ([0075-0085, 0099] and a filter designed as a lamella filter (72), with the air flow through the dust collection box striking perpendicularly against lamellae (via 81) of the lamella filter (72, [0068-0069, 0108, 0151, 0164], figs. 9-15).
MACHIDA et al. teaches a power tool (1, figs. 1 and 7) having dust collector (40) with dust collection box (42), a suction channel (sliding portion 43 with flexible hose/line 103) is telescopic ([0075-0085, 0099] and a filter designed as a lamella filter (72), with the air flow through the dust collection box striking perpendicularly against lamellae (via 81) of the lamella filter (72, [0068-0069, 0108, 0151, 0164], figs. 9-15).
OHLENDORF also teaches a power tool (2, fig. 1) having dust collector (8) with dust collection box (30/52), a suction channel (12) is telescopic ([0022] and teaches having two filters (fine separator 14 and lamella filter 42) with filter (42) designed as a lamella filter (lamella separator 42), with the air flow through the dust collection box striking perpendicularly against lamellae (44 [0028]) of the lamella filter to filter the air and route the air back to cool the motor (abstract, [0022-0034], figs. 1-4).
Given the teachings of Obermeier et al. to have a dust collector with a suction channel and a folded/pleated filter with the air flow through the dust collection box striking perpendicularly against the 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 suction channel to be telescopic and the filter designed as a lamella filter, with the air flow through the dust collection box striking perpendicularly against lamellae of the lamella filter for more directing air toward the filter to keep debris out of the power tool, have more than one type of filter with a fine separator and the other blocking larger material particles and aiding in cooling the motor with clean filtered air workpiece and/or for ease of changing filter purposes as taught by MACHIDA et al. and OHLENDORF.
Conclusion
Additional prior art considered pertinent: see form 892.
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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/ROBERT F LONG/Primary Examiner, Art Unit 3731