DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This action is in reply to the communications filed on 10/8/2025.
The Examiner notes claims 1-22 are currently pending and have been examined; claim(s) 1-2 is/are currently amended, and claim(s) 21-22 is/are newly added; all other claims are original or previously presented. Please see the Response to Amendments and Response to Arguments sections below for more details.
Claim Rejections - 35 USC § 102
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.
And/or
(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) 1-2, 12, & 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schadow et al. (US 20180326554), hereinafter Schadow.
Regarding claim 1. (Each claim status is listed above in the Status of Claims section) Schadow discloses a tool [10] comprising:
a prime mover [20];
a switch for driving the prime mover [Fig 1-2; Col3:line34-44; 34 moves 32 which in turn moves and switches on 20 (i.e. it actuates an electrical switch)];
an operation member [34] configured to be displaceable between an OFF position of bringing the switch into an OFF state and an ON position of bringing the switch into an ON state [Fig 2; ¶30];
a first accessory [26a];
a second accessory [26b];
a first attachment portion configured to allow the first accessory to be detachably attached thereto [Fig 2; ¶32; 26a is attached to corresponding attachment point on 10];
a second attachment portion configured to allow the second accessory to be detachably attached thereto [Fig 2; ¶26 & ¶32; 24 connects to 28 on 10];
a first intermediate member [Fig 1; 30] configured to be displaced by the attachment of the first accessory to the first attachment portion [Fig 1; ¶32; 30 is displaced by 26b which moves it out of the way 32 allowing 32 to actuate the switch turning on the motor];
a second intermediate member configured to be displaced by the attachment of the second accessory to the second attachment portion [Fig 1; ¶35; Fig 1 shows a different 30 that corresponds to 26b that prevents 32 from being move and thereby actuating the switch of 20]; and
a single third intermediate member [Figure 1 of this action & Fig 1-2 & 6; ¶26 & ¶30; 32 is arranged to extend into the motor housing (18) but is aligned with the attachment point for the handle (see ¶26); therefore there is only one 32 that as shown in Fig 1 extends down from the side and then along the bottom of the interior of the motor housing (18)] configured to be displaced along a displacement route between an OFF corresponding position corresponding to the OFF position and an ON corresponding position corresponding to the ON position in conjunction with the displacement of the operation member [Fig 1-2; ¶30, ¶32, & ¶35; 32 is a sliding member that switches on 20 (i.e. actuates an electrical switch providing power to 20) and thereby the tool working member (16) when the operational member (34) is displaced],
wherein the first intermediate member is located at a first blocking position of blocking the displacement route of the third intermediate member in a state that the first accessory is not attached to the first attachment portion [Fig 2; ¶26, ¶30, & ¶32; when 26a is not fitted 30 blocks 32 from moving], and is located at a first non-blocking position of not blocking the displacement route of the third intermediate member in a state that the first accessory is attached to the first attachment portion [Fig 2; ¶32; when 26a is fitted 30 moves and is no longer blocking 32 from moving],
the second intermediate member is located at a second blocking position of blocking the displacement route of the third intermediate member in a state that the second accessory is not attached to the second attachment portion, and is located at a second non-blocking position of not blocking the displacement route of the third intermediate member in a state that the second accessory is attached to the second attachment portion [Fig 1; ¶35; 26b and its corresponding 30 function in the same way as 26a and its corresponding 30; when 26b is not fitted, 30 blocks 32 from moving; when 26b is fitted, 30 moves and is no longer blocking 32 from moving],
when the first intermediate member is located at the first non-blocking position and the second intermediate member is located at the second non-blocking position, the third intermediate member is permitted to be displaced from the OFF corresponding position to the ON corresponding position so that the operation member is permitted to be displaced from the OFF position to the ON position [Fig 1-2; ¶32 & ¶35; if 26a and 26b are attached then the 32 is no longer blocked and the switch to 20 can be actuated], and
when at least the first intermediate member is located at the first blocking position or at least the second intermediate member is located at the second blocking position, the third intermediate member is prohibited from being displaced from the OFF corresponding position to the ON corresponding position by at least one of the first intermediate member in the first blocking position or the second intermediate member in the second blocking position so that the operation member is prohibited from being displaced from the OFF position to the ON position [Fig 1-2; ¶30 & ¶35; when if 30 for 26a (Fig 2, ¶30) or 30 for 26b (Fig 1, ¶35) are not moved by the presence of 26a or 26b; 32 is blocked from sliding and actuating the switch for 20].
PNG
media_image1.png
519
647
media_image1.png
Greyscale
Figure 1: Annotated Fig 6 of Schadow
Regarding claim 2. Schadow discloses the tool according to claim 1, wherein the prime mover is an electric motor [¶24; 20 is an electromotive drive unit (i.e. electric motor)], the tool is a grinder [Fig 1] including a tool accessory [16] configured to be rotated by the electric motor [¶24], the first accessory is a side grip [Fig 3; ¶27; 26a is a side grip], and the second accessory is a cover that partially covers the tool accessory [Fig 1; ¶27; 26b is a tool accessory cover].
Regarding claim 12. Schadow discloses the tool according to claim 2, wherein a rotational axis of the electric motor and a rotational axis of the tool accessory intersect with each other [Fig 1].
Regarding claim 16. Schadow discloses the tool according to claim 2, further comprising: a handle housing configured to be held by a user; and a motor housing containing the electric motor therein, wherein the handle housing is located on an opposite side of the motor housing from the tool accessory in a direction in which a rotational axis of the electric motor extends [Figure 1 of this action & Fig 6].
PNG
media_image2.png
519
647
media_image2.png
Greyscale
Figure 2: Annotated Fig 6 of Schadow
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schadow et al. (US 20180326554).
Regarding claim 10. Schadow discloses the tool according to claim 2, but is silent in regards to wherein the second intermediate member is configured to be linearly moved by being directly or indirectly pressed by the cover when the cover is attached to the second attachment portion.
However Schadow further teaches another embodiment of 30 corresponding to 26b in Fig 5, in which 30 moves linearly instead of rotationally.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified 30 corresponding to 26b as disclosed by Schadow to move linearly when pressed by 26b as taught by Schadow as an alternative motion for 30 as moving a structure rotationally or linearly would be at the discretion of a person of ordinary skill in the art based on the design of the tool and which motion would work in the tool while taking up the least amount of space inside.
Claim(s) 13 & 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schadow et al. (US 20180326554) in view of Barth et al. (US 20170348843), hereinafter Barth.
Regarding claim 13. Schadow discloses the tool according to claim 1, wherein the first attachment portion and the second attachment portion are disposed on a first side in a longitudinal direction of the tool [Fig 1 & 6; the cover and side handle (shown as another design of handle) are on the same side of the tool],… and the third intermediate member is an elongate member extending in the longitudinal direction [Fig 1 & 6; 32 is an elongated member that extends in the longitudinal direction of the tool].
Schadow is silent in regards to the operation member is disposed on a second side opposite from the first side
However Barth teaches a tool with the first attachment portion and the second attachment portion are disposed on a first side in a longitudinal direction of the tool and the operation member is disposed on a second side opposite from the first side [Fig 1; the operational member (102) is located on a second side opposite a first side that has the first and second attachment portion (where 23 & 24 attach to the tool)].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the operational member as disclosed by Schadow to be located on a second side opposite from the first side as taught by Barth for the purpose of having the grip locations of the side handle (23) and the portion of the tool gripped to actuate the operational member (102) be spaced apart to increase the stability of the tool during use.
Regarding claim 15. Schadow discloses the tool according to claim 1, …, and a second displacement direction, which is a displacement direction of the third intermediate member [Fig 1; ¶30; 32 is a sliding member that slides longitudinally along the tool],…
Schadow is silent in regards to wherein a first displacement direction, which is a displacement direction of the operation member and a second displacement direction are different from each other, and the tool includes a conversion mechanism configured to convert a motion of the operation member in the first displacement direction into a motion of the third intermediate member in the second displacement direction.
Barth teaches a tool with a operational member [102] and a third intermediate member [152 is a sliding member that moves in the same manner as 32 of Schadow and when adding the operational member of Barth to Schadow 152 would extend down the tool as shown in Fig 1 of Schadow and would be blocked by 30 of Schadow if no accessories were attached]; wherein a first displacement direction, which is a displacement direction of the operation member [Fig 1-2b; 102 is displaced in a first direction transverse to the longitudinal axis of the tool], and a second displacement direction, which is a displacement direction of the third intermediate member [Fig 1-2b; 152 is a sliding member that slides longitudinally along the tool (i.e. a second direction)], are different from each other [Fig 1-2b; the first and second directions are transverse from each other and are therefore different], and the tool includes a conversion mechanism [130] configured to convert a motion of the operation member in the first displacement direction into a motion of the third intermediate member in the second displacement direction [Fig 1-2b; the figures show that 130 takes the transverse motion of 102 and converts it into a longitudinal movement at 146 of 130 which activates the switch 104].
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tool as disclosed by Schadow to the operational member operate in a first displacement direction, which is a displacement direction of the operation member, and a second displacement direction, which is a displacement direction of the third intermediate member, are different from each other, and the tool includes a conversion mechanism configured to convert a motion of the operation member in the first displacement direction into a motion of the third intermediate member in the second displacement direction as taught by Barth for the purpose of arranging the operational member, switch, and third intermediate element in a way that requires less space inside the tool [Barth: ¶5].
Response to Amendments
Claim Objections
Applicant's amendments, filed 10/8/2025, with respect to the claim objections have been fully considered and are persuasive. The objection of 5/9/2025 has been withdrawn.
Response to Arguments
35 U.S.C. 102 103 Rejection
Applicant's arguments, see Pages 12-15, filed 10/8/2025 have been fully considered but are not persuasive.
The Applicant claims that Schadow fails to disclose how two blocking elements (30) are actually used or how one mechanical element 32 is used together with two blocking elements. The Applicant states that “Schadow does state it is conceivable for more than one machine-side contact element 24 to be arranged in the portable power tool 10 (see at least paragraph [0025]).”However as shown in Figure 1 of this action & Fig 6 of Schadow the tool (10) has a switch on the side of the motor housing consistent with other angle grinders. Evidenced by Gallagher et al. (US 8087977) and Numata (US 20020100597). 32 shown in Fig 2 has a portion of 34 passing through it and 32 in Fig 1 has an aperture (see Figure 3 of this action, below) on the side of the motor housing lining up with the switch in Fig 6. It is also noted that the positions of 24 and 34 in Fig 2 of Schadow align with the locations of the accessory attachment point for 26c and the side switch in Fig 6 of Schadow. Further as the Applicant has acknowledge that two machine-side contact elements (24) can be arranged in the tool (10) a 32 that wraps around 20 as has been described would interact with both sides of the tool. Therefore the rejection is maintained.
PNG
media_image3.png
347
544
media_image3.png
Greyscale
Figure 3: Annotated Fig 1 of Schadow
Allowable Subject Matter
Claims 21-22 are in condition for allowance.
Claims 3-9, 11, 14, & 17-20 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.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R MCCONNELL whose telephone number is (303)297-4608. The examiner can normally be reached Monday-Thursday 0700-1600 MST [0900-1800 EST] 2nd Friday 0700-1500 MST [0900-1700 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, Brian Keller can be reached at (571) 272-8548. 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.
/AARON R MCCONNELL/Examiner, Art Unit 3723
/BRIAN D KELLER/Supervisory Patent Examiner, Art Unit 3723