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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5)
because they do not include the following reference sign(s) mentioned in the description: “52” as a chip collecting outlet recited in paragraph 0023, line 2 of the specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
2. 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.
3. Claim 17-18 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 17 depends from claim 16, which recites that the chip collecting outlet is opened or closed by a pivotable door, and further recites that the door forms an entirety of the second side wall. It is unclear how the door can simultaneously be a pivotable member and constitute the entirety of the second side wall, as the claim does not specify whether the second side wall is a fixed structural wall, a movable door, or both. Consequently, the scope of the claim cannot be determined with reasonable certainty because it is unclear how these limitations are intended to coexist.
Regarding claim 18, it contains an improper dependency. Specially, claim 18 recites, “The chip collection box as recited in claim 19;” however, there is no claim 19. Accordingly, it is unclear from which claim, claim 8 depends.
Claim Rejections - 35 USC § 102
4. 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.
5. Claims 10-18 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Yusuke (WO 2021241737 A1), provided with the IDS submitted on 04/15/2025, see also US 20230201934 A1. Regarding claim 10, Yusuke teaches a chip collection box 80 for a cutting tool 10 having a cutter 12 for performing a cutting operation and a protective cover 60 at least partially covering the cutter, a chip guiding channel 64 (Fig. 7) being provided in the protective cover 60, the chip collection box 80 being attached to the protective cover 60, the chip collection box comprising: a chip collecting inlet (84B) in communication with the chip guiding channel 64; a chip collection chamber (defined by the space within the outer case 82 of the box 80; Fig. 12) for receiving chips; a chip collecting outlet (82H; defined by the discharge hole for discharging the chips); and at least one chip overflow port (defined by the exhaust port 84E and/or the cylinder portion 90B). See Figs. 1-12 in Yusuke.
Regarding claim 11, Yusuke teaches everything noted above including a first side wall 82 facing a side where an electric motor 40 is mounted, an opposite second side wall 84, a rear side wall (82G; defined by the wall where the cylinder portion 90B is located; Fig. 4) facing a user, a bottom (defined by the bottom wall of the outer case 82; Fig. 4) facing a workpiece to be cut, and a top (where the attachment/detachment button 86 is located; Fig. 4) connected to the chip collecting inlet (84B) and opposite to the bottom, the chip overflow port (84E or 90B) being provided in an end of the second side wall or the rear side wall at the top.
Regarding claim 12, Yusuke teaches everything noted above including that the chip overflow port (84E or 90B) is a continuous opening.
Regarding claim 13, Yusuke teaches everything noted above including that at least a part of the second side wall or the rear side wall (82G; defined by the wall which receives the cylinder portion 90B) forms a bevel tilting (defined as the inwardly inclined wall 82G shown in Figs. 11-12) toward an interior of the chip collection chamber (defined by the space within the outer case 82 of the box 80; Fig. 12), and the chip overflow port (defined by the cylinder portion 90B) is located at a top end of the bevel (Figs. 11-12).
Regarding claim 14, Yusuke teaches everything noted above including that the bevel is at an angle of inclination of 5 to 45 degrees. It should be noted that the angle appears to be within 5 to 45 degrees with respect to a horizontal plane. See Fig. 12.
Regarding claim 15, Yusuke teaches everything noted above including that the at least one chip overflow port (84E and 90B) includes a plurality of chip overflow ports, the openings being uniformly distributed in an upper portion of the second side wall 84 or the rear side wall (82G).
Regarding claim 16, Yusuke teaches everything noted above including that the chip collecting outlet (82H) is provided in the second side wall, the bottom, or the rear side wall (82G; Fig. 11), and is opened or closed by a pivotable door (90; Fig. 11).
Regarding claim 17, as best understood, Yusuke teaches everything noted above including that the door 90 forms an entirety of the second side wall, which may alternatively be defined as wall 82G, and the chip overflow port (90B) is formed in the door 90.
It should be noted that, alternatively, the first side wall could be defined as wall 82 facing a side where the electric motor 40 is mounted, the opposite second side wall could be defined as wall 82G, the rear side wall could be defined as the wall opposing and facing the second side wall 82G, the bottom could be defined as the bottom wall of the outer case 82 (Fig. 4) facing a workpiece to be cut, and the top could be defined as the location where the attachment/detachment button 86 is provided (Fig. 4), the top being connected to the chip collecting inlet (84B) and opposite to the bottom. In this alternative interpretation, the chip overflow port (90B) is provided in an end of the second side wall (82G) or the rear side wall at the top. Further, the chip collecting outlet (82H) is provided in the second side wall (82G), the bottom, or the rear side wall, and is opened or closed by the pivotable door (90; Fig. 11). In addition, the door 90 forms an entirety of the second side wall (82G), and the chip overflow port (90B) is formed in the door 90.
Regarding claim 18, as best understood, Yusuke teaches noted above including that the chip collection chamber is further provided with a vent (84E).
6. Claims 10-14 and 16 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Sasaki et al. (DE 602005006055 T2), hereinafter Sasaki. Regarding claim 10, Sasaki teaches a chip collection box 103 (Fig. 13) for a cutting tool 102 having a cutter 14 for performing a cutting operation and a protective cover 20 at least partially covering the cutter 14, a chip guiding channel (20c; Fig. 8) being provided in the protective cover 20, the chip collection box 103 being attached to the protective cover 20, the chip collection box comprising: a chip collecting inlet (33; Fig. 13) in communication with the chip guiding channel (20c); a chip collection chamber (3a; Fig. 13) for receiving chips; a chip collecting outlet (where the tray 34 is located; Fig. 16); and at least one chip overflow port (31c; Fig. 13). See Figs. 1-38 in Sasaki.
Regarding claim 11, Sasaki teaches everything noted above including a first side wall 30 facing a side where an electric motor 21 is mounted, an opposite second side wall 31, a rear side wall (where the engagement member 35 is located; Figs. 12-13) facing a user, a bottom (where the tray 34 is located; Fig. 13) facing a workpiece to be cut, and a top (opposite the bottom; Fig. 9) opposite to the bottom, the chip overflow port (31c) being provided in an end of the second side wall 31 or the rear side wall at the top (Fig. 13).
Regarding claim 12, Sasaki teaches everything noted above including that the chip overflow port (31c) is a continuous opening.
Regarding claim 13, Sasaki teaches everything noted above including that at least a part of the second side wall 31 or the rear side wall (Fig. 13) forms a bevel tilting (defined by the sloped or inclined surface of both rear side wall and second side wall which are directed towards the outflow port 31c; Fig. 12) toward an interior of the chip collection chamber, and the chip overflow port (31c) is located at a top end of the bevel (Figs. 11-13).
Regarding claim 14, Sasaki teaches everything noted above including that the bevel is at an angle of inclination of 5 to 45 degrees. It should be noted that the angle appears to be within 5 to 45 degrees with respect to a horizontal plane. See Fig. 12.
Regarding claim 16, Sasaki teaches everything noted above including that the chip collecting outlet (where the bottom is located; Fig. 12) is provided in the second side wall, the bottom (as shown in Fig. 12), or the rear side wall, and is opened or closed by a pivotable door 34.
7. Claims 10-12 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Ito et al. (4,675,999), hereinafter Ito. Regarding claim 10, Ito teaches a chip collection box for a cutting tool (dust box 48 for portable circular saw 10) having a cutter for performing a cutting operation (rotary saw blade 14) and a protective cover at least partially covering the cutter (saw cover 36 and auxiliary saw cover 38), a chip guiding channel being provided in the protective cover (sawdust transfer passage 44 formed by saw cover 36, auxiliary saw cover 38, and seal plate 45), the chip collection box being attached to the protective cover (dust box 48 removably attached to tubular extension 44b of gear cover 42 through inlet aperture 48f and packing ring 46), the chip collection box comprising: a chip collecting inlet in communication with the chip guiding channel (inlet aperture 48f communicating with sawdust transfer passage 44 through discharge tube 44b); a chip collection chamber for receiving chips (storage chamber 48b receiving sawdust); a chip collecting outlet for discharging the chips (hinged case cover 48e, which is opened to discharge accumulated sawdust from storage chamber 48b); and at least one chip overflow port (outlet aperture 50, through which residual sawdust and air exit the dust box during operation). See Figs. 1-11 in Ito.
Regarding claim 11, Ito teaches everything noted above including a first side wall facing a side where an electric motor is mounted (side of dust box 48 adjacent gear cover 42 and housing 28 containing the motor); an opposite second side wall (opposite side wall of dust box 48); a rear side wall facing a user (rear wall of dust box 48, corresponding to the operator side described by Ito); a bottom facing a workpiece to be cut (bottom wall of dust box 48 positioned above base 33 and facing workpiece 20); and a top connected to the chip collecting inlet and opposite to the bottom (upper portion of dust box 48 including inlet aperture 48f connected to discharge tube 44b); the chip overflow port being provided in an end of the second side wall or the rear side wall at the top (outlet aperture 50 positioned at the upper portion of dust box 48 adjacent the upper wall).
Regarding claim 12, Ito teaches everything noted above including that the chip overflow port is a continuous opening (outlet aperture 50 forms an uninterrupted opening through the wall of dust box 48).
Claim Rejections - 35 USC § 103
8. 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.
To the degree that it could be argued Yusuke and Sasaki do not explicitly teach the bevel is at an angle of inclination of 5 to 45 degrees, the rejection below is applied.
9. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Yusuke. Regarding claim 14, Yusuke teaches everything noted above except that the bevel is at an angle of inclination of 5 to 45 degrees. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to form the inclination between 5 to 45 degrees, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
10. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Sasaki. Regarding claim 14, Sasaki teaches everything noted above except that the bevel is at an angle of inclination of 5 to 45 degrees. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to form the inclination between 5 to 45 degrees, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Conclusion
11. The prior art made of record and not relied upon is considered pertinent to
applicant’s disclosure.
Miyamoto (2023/0390839 A1), Kareman (3,938,251), Morimoto (4,466,187), Hansen (2022/0281068 A1), and Willer et al. (2004/0060178 A1) teach a chip collection box.
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/GHASSEM ALIE/Primary Examiner, Art Unit 3724
July 13, 2026
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