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 statements (IDS) submitted on August 21st 2025 is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the references cited therein are considered by the examiner.
Claim Objections
3. Claim 3 is objected to because of the following informalities: “…wherein the guide rail is formed as a dingle piece the housing.” should be “…wherein the guide rail is formed as a single piece with the housing.” Appropriate correction is required.
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. Claim(s) 1 and 9-11 are rejected under 35 U.S.C. 10(a)(1) as being anticipated by Frenzel et al. (US 2001/0052429; “Frenzel”).
Regarding claim 1, Frenzel discloses a power tool (1) comprising:
a housing (13);
a guide rail (9) fixed to the housing (13, via element 10; Fig. 2);
a slide (3) that is moveable along the guide rail (9); and
a stop (7, 8) that is lockable at a plurality of positions along the guide rail (9) to limit movement of the slide (3) along the guide rail (9; para. [0027]).
Regarding claim 9, Frenzel discloses wherein an end of the slide (3) that engages the guide rail (9) includes a flange (see annotated diagram 1 below; Fig. 2).
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Diagram 1
Regarding claim 10, Frenzel discloses wherein the slide (3) is coupled to move with a dust collection assembly (4, 6) that is attachable to the housing (13; Fig. 2).
Regarding claim 11, Frenzel discloses wherein the dust collection assembly (4, 6) includes a coupler (see annotated diagram 2 below) configured to couple to the housing (13); an end cap (4) that is coupled to the slide (3; via element 6); and a dust tube (6) that is collapsible between the coupler and the end cap (4; Fig. 2).
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Diagram 2
Allowable Subject Matter
6. Claims 13-20 are allowed.
Regarding claim 13, Frenzel et al. (US 2001/0052429; “Frenzel”) is the most relevant prior art.
Frenzel discloses a rotary hammer (1) comprising:
a housing (13) defining a channel (see annotated diagram 3 below) in an external surface of the housing;
a chuck (12) supported on and rotatable relative to the housing (13);
a slide (3); and
a stop (7, 8) that is lockable at a plurality of positions along a guide (9) channel to limit movement of the slide (3) along the along the guide (9; para. [0027]).
Frenzel fails to discloses a slide that is movable within the channel.
It would not have been obvious to modify Frenzel with the aforementioned limitations because the slide would be unsecured in the channel of Frenzel, and would not horizontally adjust the dust collection assembly. It would render the apparatus inoperable.
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Diagram 3
Regarding claim 17, Frenzel et al. (US 2001/0052429; “Frenzel”) is the most relevant prior art.
Frenzel discloses a method (para. [0027]) of using a depth stop assembly (4) of a power tool (1), the method comprising:
loosening a depth stop (4) that is at a first position along a guide (9; para. [0027]);
moving the depth stop (4) to a second position along the guide (9) that is spaced away from the first position (para. [0027]);
tightening the depth stop (4) to lock the depth stop (4) at the second position (via elements 7 and 8; para. [0027]); and
moving a slide (3) along the guide (9) toward the depth stop (4; para. [0027]), the depth stop (4) preventing further movement of the slide (3) when the slide contacts the depth stop (4).
Frenzel fails to discloses a channel (see annotated diagram 3 above) that is formed in an exterior surface of a housing of the power tool.
It would not have been obvious to modify Frenzel with the aforementioned limitations because the slide would be unsecured in the channel of Frenzel, and would not horizontally adjust the dust collection assembly. It would render the apparatus inoperable.
7. Claims 2-8, 11 and 12 are 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 2, Frenzel et al. (US 2001/0052429; “Frenzel”) is the most relevant prior art.
Frenzel discloses wherein the guide rail (9) is positioned within a channel formed in the auxiliary handle collar (10; Fig. 2).
Frenzel fails to discloses the guide rail is positioned within a channel formed in the housing.
It would not have been obvious to modify the guide rail of Frenzel with the aforementioned limitation, because placing the guide rail in the tool housing of Frenzel would prevent the dust collection assembly from being removed from the tool.
Regarding claim 12, Frenzel et al. (US 2001/0052429; “Frenzel”) is the most relevant prior art.
Frenzel discloses the coupler (see annotated diagram 2 above) and the end cap (4).
Frenzel fails to disclose the coupler includes a first locking member and the end cap includes a second locking member that engages the first locking member to selectively lock the dust tube in a collapsed configuration.
Furthermore, the cited prior art fails to disclose the aforementioned limitation as well.
Conclusion
8. 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