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 .
Status
In response to the claims filed on 01/05/2026, no claim has been amended. Claims 4, 5, 9, and 10 were previously cancelled. Claims 1-3, 6-8, and 11-29 are pending and under examination.
Response to Arguments
Applicant’s arguments, filed on 01/05/2026, have been fully considered and are persuasive, and PROSECUTION IS HEREBY REOPENED. A new ground of rejection is set forth below.
Applicant's arguments have been fully considered but they are not persuasive.
Applicant argues 112(b) rejections regarding the use of term “about” is incorrect. As Applicant presents the test of indefiniteness hinges on whether one of ordinary skill in the art would understand what is claimed, in light of specification.
Specification of the instant application provides, in ¶ 0029, the gear ratio of about 4.25:1 may include 4:1 as an acceptable range and the gear ratio of about 1.6:1 may include 1.5:1 as an acceptable range. However, there is no disclose regarding the gear ratio about 3.6:1 and 2.2:1. Would the gear ratios 3.9: 1 and 1.9:1 be acceptable for the gear ratios about 3.6:1 and 2.2:1? One or ordinary skill in the art would not be able to decide what are the acceptable gear ratio ranges. Thus, the recited gear ratios are vague and indefinite in view of specification, and the 112(b) rejection remains.
Claim Rejections - 35 USC § 112
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.
Claims 12, 13, 20, 23, 27, and 28 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.
The phrases “a gear ratio of about 3.6:1” in claims 12, 20, and 27 and “a gear ratio of about 2.2:1” in claims 13, 23, and 28 render claims vague and indefinite because specification does not provide necessary explanation regarding the recited gear ratios, and the term “about” makes it difficult to fathom acceptable gear ratios for the given gear assembly stage and position. However, the gear ratios recited in claims 14, 15, 24, and 29 do not necessarily render claims vague and indefinite because specification provides ranges to be considered. For example, the gear ratios about 4.25:1 in claim 14 and about 1.6:1 in claims 15, 24, and 29 are explained in specification as about 4.1 (preferably 4.25:1) and about 1.5:1 (preferably 1.6:1) respectively (¶ 0029), thus it provides a possible range of gear ratios. But no explanation is provided for the gear ratios about 3.6:1 in claims 12, 20, and 27 and about 2.2:1 in claims 13, 23, and 28. Thus, any close gear ratio would satisfy the recited claim limitations.
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.
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.
Claims 1-3, 6-8, and 11-29 are rejected under 35 U.S.C. 103 as being unpatentable over Gehret et al. (US 2021/0170564, cited on 07/24/2024 IDS, hereinafter Gehret), in view of Merget et al. (US 2019/0134801, hereinafter Merget).
Regarding claim 1, Gehret discloses a multi-speed gearbox for a power tool having a motor (fig. 1 and ¶ 0071, a transmission mechanism 12 [corresponds to the recited multi-speed gearbox] for a multi-speed power-driven tool 10 [corresponds to the recited power tool]; ¶ 0074, the tool may include a motor 110 in a housing), the gearbox comprising:
an input gear adapted to be driven by the motor (fig. 8D and ¶ 0077-78, a sun gear 210 [corresponds to the recited input gear] is operatively coupled to the gear assembly 240 and transmits rotational force. The sun gear 210 may be driven by a rotational force transmitted from the motor 110);
a first stage gear assembly including first gears operatively coupled to the input gear, a first carrier, and a ring gear (figs. 4, 8A, 8D, ¶ 0076-78 and 0083; a subsection 200A [corresponds to the recited first stage gear assembly] includes gear assemblies 240 [correspond to the recited first gears] coupled to a second carrier segment 320 [corresponds to the recited first carrier] and a ring gear 270, and the sun gear 210 [corresponds to the recited input gear] is operatively coupled to the gear assembly 240),
a second stage gear assembly including second gears operatively coupled to a pinion (figs. 4 and 8A-8C, ¶ 0076, a subsection 200B [corresponds to the recited second stage gear assembly] includes gear assemblies 250 [correspond to the recited second gears] coupled to a second stage gear 244 [corresponds to the recited pinion]), but does not disclose a switch coupled to the ring gear and configured to selectively move the ring gear between first and second positions, the first position including the ring gear operatively coupled to the first gears and the second position including the ring gear operatively coupled to the first carrier and the first gears.
Gehret discloses a speed selection mechanism 400 [corresponds to the recited switch] for providing multi-level shifting among a plurality of different operational output speeds (figs. 12A-12C and ¶ 0095), but the speed selection mechanism 400 is not configured to selectively move the ring gear between the first and second positions.
Merget teaches, in an analogous power tool field of endeavor, a switch coupled to the ring gear and configured to selectively move the ring gear between first and second positions, the first position including the ring gear operatively coupled to the first gears and the second position including the ring gear operatively coupled to the first carrier and the first gears (fig. 6 and ¶ 0041-42, a rotary power tool including a motor and a multi-stage planetary transmission 304 [corresponds to the recited multi-speed gearbox] comprises an actuator 270 [corresponds to the recited switch] to move a ring gear 376 to a first position (i.e., to the left) and a second position (i.e., to the right) to switch between a low-speed, high torque mode and a high-speed, low torque mode. The first position makes teeth of the ring gear 376 to engage second stage planetary gears 372 [correspond to the first gears], and the second position makes the teeth of the ring gear 376 to engage the first stage carrier 348 [corresponds to the recited first carrier] and the second stage planetary gears 372 [correspond to the recited first gears]. The transmission mechanism 200 of Gehret can be replaced with the multi-stage planetary transmission 304 of Merget so that the mode selection can be done by moving the ring gear 376 between the first and second positions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the multi-speed gearbox of Gehret to provide the switch for moving the ring gear as taught by Merget so that an operation mode of the power tool can be selected between the low-speed, high torque mode and the high-speed, low torque mode (Merget ¶ 0041-42).
Regarding claim 16, Gehret discloses a multi-speed power tool (fig. 2 and ¶ 0072, a multi-speed power-driven tool 100), comprising:
a housing (fig. 2, housing 190);
a driver portion coupled to the housing and adapted to drive a work piece (fig. 2 and ¶ 0072, a chuck assembly 180 [corresponds to the recited driver portion] at a working end of the housing 190);
a motor disposed within the housing (fig. 3 and ¶ 0074, a motor 110 is disposed in the housing 190); and
a gearbox disposed in the housing and operatively coupled to the motor and the driver portion (figs. 1 and 3 and ¶ 0074, a transmission mechanism 12, 200 [corresponds to the recited gearbox] is disposed in the housing 190 and is coupled to the motor 110 and the chuck assembly 180 [corresponds to the recited driver portion]), the gear box including:
an input gear operatively coupled to the motor (fig. 8D and ¶ 0077-78, a sun gear 210 [corresponds to the recited input gear] is operatively coupled to the gear assembly 240 and transmits rotational force. The sun gear 210 may be driven by a rotational force transmitted from the motor 110);
a first stage gear assembly including first gears operatively coupled to the input gear, a first carrier, and a ring gear (figs. 4 and 8A, 8D ¶ 0076-78 and 0083; a subsection 200A [corresponds to the recited first stage gear assembly] includes gear assemblies 240 [correspond to the recited first gears] coupled to a second carrier segment 320 [corresponds to the recited first carrier] and a ring gear 270, and the sun gear 210 [corresponds to the recited input gear] is operatively coupled to the gear assembly 240);
a second stage gear assembly including second gears operatively coupled to a pinion (figs. 4 and 8A-8C, ¶ 0076, a subsection 200B [corresponds to the recited second stage gear assembly] includes gear assemblies 250 [correspond to the recited second gears] coupled to a second stage gear 244 [corresponds to the recited pinion]), but does not disclose a switch coupled to the ring gear and configured to selectively move the ring gear between first and second positions, the first position including the ring gear operatively coupled to the first gears and the second position including the ring gear operatively coupled to the first carrier and the first gears.
Merget teaches, in an analogous power tool field of endeavor, a switch coupled to the ring gear and configured to selectively move the ring gear between first and second positions, the first position including the ring gear operatively coupled to the first gears and the second position including the ring gear operatively coupled to the first carrier and the first gears (fig. 6 and ¶ 0041-42, a rotary power tool including a motor and a multi-stage planetary transmission 304 [corresponds to the recited multi-speed gearbox] comprises an actuator 270 [corresponds to the recited switch] to move a ring gear 376 to a first position (i.e., to the left) and a second position (i.e., to the right) to switch between a low-speed, high torque mode and a high-speed, low torque mode. The first position makes teeth of the ring gear 376 to engage second stage planetary gears 372 [correspond to the first gears], and the second position makes the teeth of the ring gear 376 to engage the first stage carrier 348 [corresponds to the recited first carrier] and the second stage planetary gears 372 [correspond to the recited first gears]. The transmission mechanism 200 of Gehret can be replaced with the multi-stage planetary transmission 304 of Merget so that the mode selection can be done by moving the ring gear 376 between the first and second positions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the multi-speed gearbox of Gehret to provide the switch for moving the ring gear as taught by Merget so that an operation mode of the power tool can be selected between the low-speed, high torque mode and the high-speed, low torque mode (Merget ¶ 0041-42).
Regarding claims 2 and 17, Gehret as modified by Merget teaches the gearbox as in the rejection of claim 1 (as to claim 2) and the power tool as in the rejection of claim 16 (as to claim 17), wherein the first gears include planetary gears (Gehret ¶ 0076, the gear assembly 240 [corresponds to the recited first gears] is a planet gear assembly; Merget ¶ 0041-42, the second stage planetary gears 372 are the recited first gears).
Regarding claims 3 and 18, Gehret as modified by Merget teaches the gearbox as in the rejection of claim 1 (as to claim 3) and the power tool as in the rejection of claim 16 (as to claim 18), wherein the second gears include compound gears (Gehret ¶ 0076, the gear assembly 250 [correspond to the recited second gears] is a compound gear assembly).
Regarding claims 6 and 21, Gehret as modified by Merget teaches the gearbox as in the rejection of claim 1 (as to claim 6) and the power tool as in the rejection of claim 16 (as to claim 21), further comprising an output gear operatively coupled to the second gears (Gehret fig. 6 and ¶ 0081, a stage gear 264 [corresponds to the recited output gear] is operatively coupled to the gear assembly 250 [correspond to the recited second gears]; fig. 11A, the stage gear 264 transmits the speed output to the tool).
Regarding claims 7 and 22, Gehret as modified by Merget teaches the gearbox as in the rejection of claim 6 (as to claim 7) and the power tool as in the rejection of claim 21 (as to claim 22), wherein the output gear is operatively coupled to a driver portion (Gehret fig. 11A and ¶ 0090, the stage gear 264 [corresponds to the recited output gear] is coupled to a driver portion of the tool 100 in order to transmit the speed output F1 to the tool).
Regarding claim 8, Gehret as modified by Merget teaches the gearbox as in the rejection of claim 7, wherein the output gear is operatively coupled to a crankshaft of the driver portion (fig. 3 and ¶ 0074, the rotary force is transmitted from the transmission mechanism 200 to a hammer/impact mechanism 500 [corresponds to the driver portion] via an output spindle 130 [corresponds to the recited crankshaft]).
Regarding claim 25, Gehret discloses a power ratchet tool (figs. 22-24 and ¶ 0115-17, the working end of the tool 100 has ratchet 550, 590), comprising:
a housing (fig. 2, housing 190);
a ratchet head coupled to the housing and adapted to drive a work piece (figs. 22-24 and ¶ 0115-17, the ratchet 550, 590 is fixed to the working end the housing 190);
a motor disposed within the housing (fig. 3 and ¶ 0074, a motor 110 is disposed in the housing 190); and
a gearbox disposed in the housing and operatively coupled to the motor and the ratchet head (figs. 1 and 3 and ¶ 0074, a transmission mechanism 12, 200 [corresponds to the recited gearbox] is disposed in the housing 190 and is coupled to the motor 110 and the driver portion; figs. 22-24, the driver portion can be the ratchet 550, 590), the gearbox including:
an input gear operatively coupled to the motor (fig. 8D and ¶ 0077-78, a sun gear 210 [corresponds to the recited input gear] is operatively coupled to the gear assembly 240 and transmits rotational force. The sun gear 210 may be driven by a rotational force transmitted from the motor 110);
a first stage gear assembly including first gears operatively coupled to the input gear, a first carrier, and a ring gear (figs. 4 and 8A, 8D ¶ 0076-78 and 0083; a subsection 200A [corresponds to the recited first stage gear assembly] includes gear assemblies 240 [correspond to the recited first gears] coupled to a second carrier segment 320 [corresponds to the recited first carrier] and a ring gear 270, and the sun gear 210 [corresponds to the recited input gear] is operatively coupled to the gear assembly 240);
a second stage gear assembly including second gears operatively coupled to a pinion and the ratchet head (figs. 4 and 8A-8C, ¶ 0076, a subsection 200B [corresponds to the recited second stage gear assembly] includes gear assemblies 250 [correspond to the recited second gears] coupled to a second stage gear 244 [corresponds to the recited pinion] and the driver portion; figs. 22-24, the driver portion can be the ratchet 550, 590), but does not disclose a switch coupled to the ring gear and configured to selectively move the ring gear between first and second positions, the first position including the ring gear operatively coupled to the first gears and the second position including the ring gear operatively coupled to the first carrier and the first gears.
Merget teaches, in an analogous power tool field of endeavor, a switch coupled to the ring gear and configured to selectively move the ring gear between first and second positions, the first position including the ring gear operatively coupled to the first gears and the second position including the ring gear operatively coupled to the first carrier and the first gears (fig. 6 and ¶ 0041-42, a rotary power tool including a motor and a multi-stage planetary transmission 304 [corresponds to the recited multi-speed gearbox] comprises an actuator 270 [corresponds to the recited switch] to move a ring gear 376 to a first position (i.e., to the left) and a second position (i.e., to the right) to switch between a low-speed, high torque mode and a high-speed, low torque mode. The first position makes teeth of the ring gear 376 to engage second stage planetary gears 372 [correspond to the first gears], and the second position makes the teeth of the ring gear 376 to engage the first stage carrier 348 [corresponds to the recited first carrier] and the second stage planetary gears 372 [correspond to the recited first gears]. The transmission mechanism 12 of Gehret can be replaced with the multi-stage planetary transmission 304 of Merget so that the mode selection can be done by moving the ring gear 376 between the first and second positions).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the multi-speed gearbox of Gehret to provide the switch for moving the ring gear as taught by Merget so that an operation mode of the power tool can be selected between the low-speed, high torque mode and the high-speed, low torque mode (Merget ¶ 0041-42).
Regarding claims 11-15, 19, 20, 23, 24, 26-29, Gehret as modified by Merget teaches the gearbox as in the rejection of claim 1 (as to claims 11-15), the power tool as in the rejection of claim 16 (as to claims 19, 20, 23, and 24), and the power ratchet tool as in the rejection of claim 25 (as to claims 26-29), but does not disclose the first stage gear assembly has a gear ratio of 1:1 when the ring gear is in the second position (as to claims 11, 19, and 26), the first stage gear assembly has a gear ratio of about 3.6:1 when the ring gear is in the first position (as to claims 12, 20, and 27), the second stage gear assembly has a gear ratio of about 2.2:1 (as to claims 13, 23, and 28), the first stage gear assembly has a gear ratio of about 4.25:1 when the ring gear is in the first position (as to claim 14), and the second stage gear assembly has a gear ratio of about 1.6:1 (as to claims 15, 24, and 29).
However, Gehret teaches the transmission mechanism 200 including the subsection 200A [corresponds to the recited first stage gear assembly], subsection 200B [corresponds to the recited second stage gear assembly], and the ring gear produces a high or low speed reduction ratio (¶ 0076 and 0082). The gear ratios result in the corresponding speed reduction of the tool. Merget also teaches the multi-stage planetary transmission 304 including multiple planetary stages wherein each planetary gear comprises a plurality of gears (¶ 0030-34). The multi-stage planetary transmission 304 is configured the a low-speed, high torque mode and the high-speed, low torque mode (¶ 0041-42) by moving the ring gear 376. Thus, the motion of the ring gear produces a high or low speed reduction ratio.
On the other hand, it appears specification of the instant application does not present criticality of the recited gear ratios. Each of the recited gear ratios is just one of exemplary gear ratios for various speed settings (¶ 0025-30). For example, claims 12, 14, 20, and 27 recite different gear ratios of the same first stage gear assembly when the ring gear is in the first position. Claims 13, 15, 23, 24, 28, and 29 recite different gear ratios of the same second stage gear assembly. The 2.2:1 ratio of claims 13, 23, and 28 is not disclosed in specification. Specification also states “It will be appreciated that any different gear ratios may be used without departing from the scope and spirit of the present invention” (¶ 0027). Thus, specification of the instant application does not require the gearbox to have specific gear ratios.
Although Gehret and Merget do not disclose a numerical gear ratio, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the gear ratio of Gehret or Merget to provide the recited gear ratios in order to obtain appropriate speed reduction for the output of the tool. It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05(III).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SUKWOO JAMES CHANG whose telephone number is (571)272-7402. The examiner can normally be reached M-F 8:00a-5:00p.
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/S.J.C./Examiner, Art Unit 3723
/DAVID S POSIGIAN/Supervisory Patent Examiner, Art Unit 3723