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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/19/2026 has been entered.
Information Disclosure Statement
The information disclosure statements (IDS) submitted and filed after the mailing date of the Final Rejection on 09/18/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the phrase the specification mentions “the distance that is able to be determined to be settable in a variable manner by an input device. As a result, the sensitivity of the handle apparatus, i.e. the starting point after the moving of the lever element, can be set to individual requirements by a user” [0013] without any disclosure of what the input device is. What is the input device? How does a user set the threshold values? What member is the input device in the drawings?
Also,
Para 0057-0058: the brief description of sensors implemented as 3D sensors and/or TOF / PMD sensors is unclear, particularly in light of the drawings, and of the remainder of the specification, to the point where a person of ordinary skill in the art would not be able to make or use a related embodiment.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. Appropriate correction is required.
Drawings
The drawings are objected to because the input device, 3D sensors and/or TOF sensors, and/or PMD sensors so configured as to permit the structure and functionality of the claimed methods and apparatuses (Para 0057-0058) are not shown. 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 § 102/103
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.
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) 7, 15-20, and 22-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bieler et al. (US 9872440 B2) or, in the alternative, under 35 U.S.C. 103 as obvious over Bieler et al. (US 9872440 B2) in view of BILLINGS et al. (US 20180161951 A1) and further in view of Eshleman et al. (US 20130140050 A1).
Regarding claims 7, Bieler et al. discloses a method for control of a power tool (pruning shear 20, figs. 1-3), the power tool having a drive (22), a controller (electronic circuit 24, fig. 2), a sensor (magneto-resistive sensor 240), a transmission (movable blade 25 and/or links connecting movable blade 25 to motor 22) a tool fitting (25/21), a top side (side closest to power block 1) opposite the tool fitting (25/21) and
a handle (23), wherein the handle contains a lever (23) with a signal transmitter (movable magnet 231), the lever being pivotable relative to the sensor (claim 1, fig. 3), the method comprising steps of:
sensing a first and second position of the signal transmitter (movable magnet 231) by the sensor (unactuated position perpendicular to actuating rod of 25/21 to parallel to actuating rod of 25/2/abutting handheld assembly 20, “electronic circuit 24 makes it possible to determine the instantaneous position of the trigger 23” col. 6, lines 53-67, figs. 1-3)
determining a distance (position of the trigger) covered by the signal transmitter from the first position to the second position by the controller, and
setting the drive from a deactivation mode into an activation mode (quit sleep mode/activate and activate with certain sequences/distances such as double click) by the control device when the determined distance reaches a first predetermined threshold value (col. 8, lines 1-67, teaches having movement sequences of the trigger set with commands to introduce controls (activation mode) based on set predetermined movements (col. 9, lines 1-19);
wherein the second position of the signal transmitter (movable magnet 231) is arranged in a direction closer towards the tool fitting and further from the top side than the first position of the signal transmitter (25/21 moves to abut handheld assembly 20 with portions from the pivot closer to 25/21 as the angular stroke positions around the pivot) such that the distance covered by the signal transmitter in the direction is able to be determined (col. 5, line 15- col. 8, line 67, figs. 1-3) and teaches having movement sequences of the trigger set with commands to introduce controls (activation mode) based on set predetermined movements (col. 9, lines 1-19).
Bieler et al. states: “Other systems for detecting the instantaneous position of the trigger can be conceived, including systems based on a potentiometer, inductive, capacitive or optical systems, or magnetic systems comprising a different arrangement of fixed and movable components (col. 6, lines 43-47) … specific movements of the trigger (col. 7, line 10) … detect predetermined movement sequences of the trigger 23” (col. 8, lines 9-10)
In the alternative, if it can be argued that Bieler et al. fails to disclose sensing a first and second position of the signal transmitter by the sensor and determining a distance covered by the signal transmitter from the first position to the second position by the controller into an activation mode by the control device when the determined distance reaches a first predetermined threshold value -
sensing a first and second position of the signal transmitter (movable magnet 231) by the sensor (unactuated position perpendicular to actuating rod of 25/21 to parallel to actuating rod of 25/2/abuting handheld assembly 20, “electronic circuit 24 makes it possible to determine the instantaneous position of the trigger 23” col. 6, lines 53-67, figs. 1-3)
determining a distance (position of the trigger) covered by the signal transmitter from the first position to the second position by the controller into an activation mode (quit sleep mode/activate and activate with certain sequences/distances such as double click) by the control device when the determined distance reaches a first predetermined threshold value
BILLINGS et al. teaches a method for the control of a power tool (10, [0034], fig. 1), the power tool having a drive (motor [0034]), a controller (PCB 40), a sensor (56), a transmission (19) and a handle (18), wherein the handle contains a lever (20) with a signal transmitter (62), the method comprising steps of sensing a first (position 1) and second position (position 3) of the signal transmitter by the sensor; determining a distance covered by the signal transmitter from the first position to the second position by the controller ([0038-0039], fig. 4); and setting the drive from a deactivation mode into an activation mode by the control device when the determined distance reaches a first predetermined threshold value (position 3); wherein the first predetermined threshold value is user settable in a variable manner (set with a middle position 2 motor off with light 42 on then at position 3 motor on [0034-0039], figs. 1-4). BILLINGS et al. also teaches power tool (1110) having a controller (1146) a sensor (1156), a transmission (1119) and a handle (1114), wherein the handle (1120) contains a lever (1157) with a signal transmitter (1162), the lever being pivotable relative to the sensor, the method comprising steps of sensing a first (fully deactivated position) and second position (partially or fully activated position) of the signal transmitter by the sensor; determining a distance covered by the signal transmitter from the first position to the second position by the controller (small distance, the power tool motor remains OFF); and setting the drive from a deactivation mode into an activation mode by the control device when the determined distance reaches a first predetermined threshold value (larger distance, small distance set if desired before motor comes on, [0051-0054], figs. 15G-15);
wherein the second position of the signal transmitter (62) is arranged in a direction below (left fig. 4– note “below” not defied with direction orientation such as established axis or relative structure to base “below” upon) the first position (right unactuated position, fig. 4) of the signal transmitter such that the distance covered by the signal transmitter in the direction is able to be determined (larger distance to position 3 [0039], figs. 1-2 and 6-7).
BILLINGS et al. also teaches a trigger 1220 having a protrusion 1262 that abuts a toggle/switch 1256 that is configured to sense the position of the switch or trigger 1220 by moving axially toward a tool fitting (output member 19 and/or removable light unit 1230) to set a drive (motor and/or light) from an activation mode into a deactivation mode ([0055-0058], fig. 16).
BILLINGS et al. states: “the switch or trigger 1120 is actuated a small distance, the power tool motor remains OFF” [0054]
Eshleman et al. also teaches a power tool (10) having a controller (24) configured to determine an acceleration (sensor 22) and distance of a trigger (50) from a first position to a second position and to set a drive (26) from an activation mode into a deactivation mode of the drive (26) when the determined acceleration and/or distance of the trigger reaches a predetermined threshold value (teaches monitoring trigger position and trigger speed to determine activation/deactivation and speed of the motor [0078-0087].
Eshleman et al. states: “the controller may select the control curve based on distance a trigger has traveled... until the trigger has traveled some predetermined distance (e.g., 5% of the travel range as shown in FIG. 9A) as measured from a starting position [0080] … for faster shutoff. If the trigger is released quickly, the controller infers that the user simply wants to shut the tool off and allows the user to bypass most of the variable speed region…It is envisioned that the controller may monitor the input control variable and select an applicable control curve based on other types of triggering events which occur during tool operation [0084]
Given the teachings of Bieler et al. to have a signal transmitter to activate a sensor switch and to deactivate the power tool, 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 controller and sensor with sensing a first and second position of the signal transmitter by the sensor and determining a distance covered by the signal transmitter from the first position to the second position by the controller into an activation mode by the control device when the determined distance reaches a first predetermined threshold value for indexing the power tool trigger/lever a selected number of degrees/distance to have the tool actuated, to have precise adjustment of speed/torque and/or safety purposes as taught by BILLINGS et al. and as further taught and evidenced by Eshleman et al.
Regarding claims 25-26, Bieler et al. teaches the signal transmitter is a magnet (movable magnet 231) and the sensor includes Hall sensors (col. 5, line 34- col.7, line 24, figs. 1-3).
Claim(s) 15-20 and 22-24 is/are rejected under 35 U.S.C. 103 as obvious over Bieler et al. (US 9872440 B2) in view of BILLINGS et al. (US 20180161951 A1) and further in view of Hammerstingl et al. (US 20090120770 A1) OR IN THE ALTERNATIVE - Bieler et al. (US 9872440 B2) in view of BILLINGS et al. (US 20180161951 A1) in view of Eshleman et al. (US 20130140050 A1) and further in view of Hammerstingl et al. (US 20090120770 A1).
Regarding claims 15-17, Bieler et al. discloses the second position of the signal transmitter (movable magnet 231) is arranged in a direction below the first position of the signal transmitter such that the distance covered by the signal transmitter in the direction is able to be determined, wherein the power tool also an activation element (232), the activation element and the signal transmitter (231) being positioned on a connecting element (housing/body of trigger 23), wherein the connecting element (housing/body of trigger 23) is configured in an elongate form and has a first and second end (pivot end and end with 231, figs. 2-3), wherein the activation element (232) is positioned at the first end (pivot end) and the signal transmitter (231) is positioned at the second end (figs. 2-3) of the connecting element (col. 5, line 15- col. 8, line 67, figs. 1-3)
BILLINGS et al. also teaches the second position of the signal transmitter (62) is arranged in a direction below the first position of the signal transmitter such that the distance covered by the signal transmitter in the direction is able to be determined (fig. 4 – position 2 is considered below and if the tool (10) is orientated with trigger/lever facing ground then the positions are downward relative to the drill facing the ground).
Hammerstingl et al. teaches an activation element (5) and a signal transmitter (6), the activation element and the signal transmitter being positioned on a connecting element (4/7), wherein the connecting element is configured in an elongate form and has a first and second end, wherein the activation element is positioned at the first end and the signal transmitter is positioned at the second end of the connecting element ([002-0026], figs. 1-6).
Given the teachings of Bieler et al. to have a signal transmitter activate a sensor switch to deactivate the power tool, 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 activation element to be positioned at the first end and the signal transmitter is positioned at the second for indexing the power tool trigger/lever a selected number of degrees/distance to have the tool actuated, more compact/spacing, to have precise adjustment of speed/torque and/or safety purposes as taught by BILLINGS et al. and also taught by Hammerstingl et al.
Regarding claims 18-19, Bieler et al. discloses having a pivot with spring (232) but fails to disclose the power tool has a pivot bearing provided at the first end of the connecting element, and the method further comprises pivoting the connecting element about a pivot point in a direction of rotation by applying a force being exerted on the activation element, wherein when the force or pressure is no longer applied on the activation element, the activation element moves back into a starting position.
Hammerstingl et al. teaches a pivot bearing (S) provided at the first end of the connecting element (4/7), and the method further comprises pivoting the connecting element about a pivot point (S) in a direction of rotation by applying a force being exerted on the activation element, wherein when the force or pressure is no longer applied on the activation element, the activation element moves back into a starting position ([002-0026], figs. 1-6).
Given the teachings of Bieler et al. to have a signal transmitter activate a sensor switch to deactivate the power tool, 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 activation element to be positioned at the first end and the signal transmitter is positioned at the second for indexing the power tool trigger/lever a selected number of degrees/distance to have the tool actuated, more compact/spacing, to have precise adjustment of speed/torque and/or safety purposes as taught by Hammerstingl et al.
Regarding claims 20 and 23, Bieler et al. discloses the machine tool is a chipping hammer (absent any particular structural limitation the shears, pincers or presses tool is a chipping hammer col. 5, lines 10-14), wherein the lever (23) moves downwardly by a user force exertion (see fig. 2 showing lever moves down, col. 5, line 15- col. 8, line 67, figs. 1-3) Hammerstingl et al. also teaches a the lever (handle 3) moves downwardly by a user force exertion ([002-0026], figs. 1-6).
Regarding claim 22, Bieler et al. discloses a sensitivity of the handle is set by the first predetermined threshold value, wherein before the reaching of the first predetermined value the drive remains in the deactivation mode (col. 5, line 15- col. 8, line 67, figs. 1-3) and Bieler et al. teaches having movement sequences of the trigger set with commands to introduce controls (activation mode) based on set predetermined movements/thresholds (col. 9, lines 1-19).
Regarding claims 24, Bieler et al. teaches having a housing (20) but Bieler et al. fails to discloses the chipping hammer has a second handle the handle and the second handle being on opposite sides of the housing and pivotable with respect to the housing.
BILLINGS et al. also teaches the chipping hammer (figs. 1 and 16) has a housing (1212/1216), and a second handle (1256), the handle and the second handle being on opposite sides of the housing (1256 on other side of 1216, ([002-0026], figs. 1-6).
Hammerstingl et al. teaches the chipping hammer (fig. 1) has a housing (assembly 2, see figs. 1-2), and a second handle (3), the handle and the second handle being on opposite sides of the housing and pivotable with respect to the housing ([002-0026], figs. 1-6).
Given the teachings of Bieler et al. to have a signal transmitter activate a sensor switch to deactivate the power tool, 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 housing with including a second handle the handle and the second handle being on opposite sides of the housing and pivotable with respect to the housing for indexing the power tool trigger/lever a selected number of degrees/distance to have the tool actuated, to have precise adjustment of speed/torque, actuate other features (lights, display and etc.) and/or safety redundant purposes as taught by BILLINGS et al. and Hammerstingl et al.
Response to Arguments
Applicant’s arguments with respect to claim(s) 7-8 and 15-26 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.
With respect to the specification and drawing objection(s), examiner contends the specification and drawings should be corrected even if the subject matter is not being claimed (i.e. the input device and 3D sensors
and/or TOF / PMD sensors confusion remains). However, since the subject matter is no longer claimed, examiner has withdrawn the 35 U.S.C. 112 rejections.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
JP 2015089593 A/ WO 2015068740 A1 – electric hammer (100) having levers (hand grips 410) being movable/pivotable reversibly relative to a housing (101/103) by exertion of a force (springs 433) in one direction (figs. 1-15)
US 4601351 A – hammer tool with handle having pivotable lever (109) with magnetic sensor(s) speed positions (144, 145 and 146) for changing speed
DE 102011080374 A1 – switching unit on handle 30 with scale 82b that shows distance/force (fig. 5) and see references cited, 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).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hemant Desai can be reached on (571) 272-4458. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ROBERT F LONG/Primary Examiner, Art Unit 3731