DETAILED ACTION
Election/Restrictions
Applicant’s election of Species A in the reply filed on 24 November 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Information Disclosure Statement
The information disclosure statement filed 16 August 2022 fails to comply with 37 CFR 1.98(a)(3)(i) because it does not include a sufficient explanation of the relevance, as it is presently understood by the individual designated in 37 CFR 1.56(c) most knowledgeable about the content of the information, of each reference listed that is not in the English language. It has been placed in the application file, but some of the information referred to therein has not been considered.
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.
Claims 1, 3-5, 7, 8 and 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Braun (U.S. Patent 9,695,566) in view of Chen (CN 203066054 U).
Braun discloses a vibratory rammer having upper (112) and lower (114) masses with a central axis (117) extending longitudinally there through (Figure 2). There is a handle (120) coupled to the upper mass with a vibration dampening mechanism (122). The handled is naturally configured to support a user interface, since it is a structure designed for human-machine connection. There is a motor (claim 8, for example) coupled to the upper mass (column 2, lines 18-19, for example). A drive mechanism (113, for example) is configured to move the lower mass in a reciprocating manner (abstract, for example). There is a battery (132) configured to provide power to the motor (column 2, lines 58-60, for example). There is a vibration dampening mechanism (128) configured to attenuate vibration transmitted to the battery (Figure 2). The battery vibration dampening mechanism includes a linkage system (128) which includes upper, lower and support links configured as claimed (Figure 2). Braun is silent regarding a linkage isolator. Chen teaches a vibration isolator (3) in a linkage system. It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have configured the links of Braun with a vibration isolator of any of Chen or Sun in order to further dampen vibrations, in accordance with the teachings of Chen and Sun and the purpose of Braun.
Regarding claim 3, the battery is coupled to the support link (via 120, 126).
Regarding claims 4 and 5, given the combination with Chen, a spring would extend as claimed, since Chen teaches a spring connected to the linkage system. Further, the examiner takes Official notice that it is known to use dampers in combination with springs in order to dampen vibrations in both directions. For this reason, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have configured Braun as claimed.
Regarding claim 7, because the support link (130) is always connected to the upper mass (column 6, lines 59-60, for example), claim recitations are met.
Braun is configured in the manner of claim 11 (Figure 2).
Regarding claim 12, it appears that the handle axis is orthogonal to the longitudinal axis (117). An axis extending parallel to the longitudinal axis and centrally through the battery would also meet claim recitations.
Similarly with respect to claim 13, this central battery axis meets claim recitations and, due to the battery vibration dampening mechanism, it appears the translatory motion would also be met.
Regarding claim 14, a control unit coupled to the handle is deemed inherent in order to properly operate the device. Further, and for this reason, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to have configured Braun as claimed.
Allowable Subject Matter
Claims 6, 9, 26, 27 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.
Claims 29-34 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional references teach vibratory rammers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARY S HARTMANN whose telephone number is (571)272-6989. The examiner can normally be reached 11-7:30.
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, Thomas Will can be reached at 571272-6998. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GARY S HARTMANN/Primary Examiner, Art Unit 3671
Prosecution Insights