Office Action Predictor
Last updated: April 15, 2026
Application No. 18/127,172

ROTARY POWER TOOL

Non-Final OA §103
Filed
Mar 28, 2023
Examiner
LONG, ROBERT FRANKLIN
Art Unit
3731
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Milwaukee Electric Tool Corporation
OA Round
5 (Non-Final)
72%
Grant Probability
Favorable
5-6
OA Rounds
3y 1m
To Grant
99%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
782 granted / 1094 resolved
+1.5% vs TC avg
Strong +30% interview lift
Without
With
+30.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
74 currently pending
Career history
1168
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
36.3%
-3.7% vs TC avg
§102
32.4%
-7.6% vs TC avg
§112
20.5%
-19.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1094 resolved cases

Office Action

§103
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 . Response to Amendment/Appeal Brief In view of the Appeal Brief filed on 09/29/2025 PROSECUTION IS HEREBY REOPENED. An interview with Kyle B.J. Beczkiewicz on 12/18/2025 to request an Examiner Amendment to place the application in condition for allowance was held but did not result in an amendment being made. Examiner encourages applicant to call at the number listed below if further discussion is desired of the application and is available for support M-F, 9am-5pm, 8-9pm (EST). New grounds of rejection are set forth below. This new Non-Final Rejection is to replace/supersede the prior Final Rejection dated 03/27/2025. The new Non-Final Rejection office action is set forth below. To avoid abandonment of the application, appellant must exercise one of the following two options: (1) file a reply under 37 CFR 1.111 (if this Office action is non-final) or a reply under 37 CFR 1.113 (if this Office action is final); or, (2) initiate a new appeal by filing a notice of appeal under 37 CFR 41.31 followed by an appeal brief under 37 CFR 41.37. The previously paid notice of appeal fee and appeal brief fee can be applied to the new appeal. If, however, the appeal fees set forth in 37 CFR 41.20 have been increased since they were previously paid, then appellant must pay the difference between the increased fees and the amount previously paid. A Supervisory Patent Examiner (SPE) has approved of reopening prosecution by signing below: /SHELLEY M SELF/ Supervisory Patent Examiner, Art Unit 3731 Claim Rejections - 35 USC § 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 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) 1 and 4-8 is/are rejected under 35 U.S.C. 103 as obvious over Nagai et al. (US 20060102697 A1) in view of WANG et al. (CN 212106692 U) and further in view of Sivertson (US 4460296 A). Regarding claims 1 and 5-8, Nagai et al. discloses a power tool (11) comprising: a main housing defining a handle (12/22 and guide rods 20a, 20b, fig. 1); a spindle housing (12/22/16 and guide rods 20a, 20b and covers 100/102 [0160], figs. 26-27) coupled to the main housing (12); a drive mechanism (14) positioned at least partially within the main housing (12/22 and guide rods 20a, 20b, fig. 1) and the spindle housing (22/16 and guide rods 20a, 20b), the drive mechanism including a motor (14) having a motor shaft (14a, figs. 1-12), a spindle (18/24) having a first end (22) and a second end defining a tool holder (26) extending from the spindle housing (12/22/16 and guide rods 20a, 20b), the tool holder configured to receive a tool bit (capable of receiving tool bit for workpiece W shown in fig. 8, also receives 184/lock nut 114/attachment fixture 112/142, and trunnion mount 144, [0169-0172], figs. 8, 29, 33-35), and a coupler (74) positioned between the motor shaft (14a) and the spindle (18/24) for transmitting torque therebetween ([0108-0113], figs. 14-19); wherein the coupler includes a first portion (76a) coupled to the motor shaft (fig. 14), a second portion (76b) coupled to the spindle (18), and a dampening portion (78) positioned between and coupling the first and second portions, wherein the first portion and the second portion each include alternating recesses and protrusions (figs. 14-19), and wherein the dampening portion (78) is keyed (projections 88) to the alternating recesses and protrusions of the first and second portions (projections 84a, 84b) to transmit torque from the first portion of the coupler to the second portion of the coupler ([0108-0113], figs. 14-19). Nagai et al. fails to disclose the coupler defining a recess defined in the first portion of the coupler and a spindle lock coupled to the spindle housing, wherein the spindle lock is biased towards an unlocked position and movable toward a locked position in which the spindle lock is engaged with the recess to restrict rotation of the spindle and the motor shaft, wherein the recess is a first recess, and wherein the coupler has a second recess positioned approximately 180 degrees from the first recess and a spindle lock movable between the unlocked position and the locked position in a direction that is perpendicular to a drive axis of the spindle and the spindle lock includes a button biased by a biasing member and a lock shaft operably coupled to the button, and the lock shaft is configured to selectively engage the recess when the button is actuated. WANG et al. teaches a similar coupler, universal shaft coupling (1), composed of two half parts used for connecting two shafts (driving shaft and driven shaft) in different mechanisms, making them rotate together and the universal coupling has a plurality of structure types (cross shaft type, ball cage type, ball fork type, bump type, ball pin type, spherical hinge type, spherical hinge plunger type, three-pin type, three-pin type, tripod type, hinge type and etc.), wherein the coupler includes a first portion (driving shaft 11), a second portion (5/51), and a dampening portion (2/7) positioned between and coupling the first and second portions (figs. 1-2), wherein the first portion and the second portion each include alternating recesses and protrusions (fig. 1), and wherein the dampening portion (2/7) is keyed to alternating recesses (clamping grooves 53/13) and protrusions (12/52) of the first and second portions (12/52 mate with grooves 53/13) to transmit torque from the first portion of the coupler (11) to the second portion of the coupler (5/1, pages 1-5, figs. 1-2), defining a recess (121) defined in the first portion of the coupler and a spindle lock (3), wherein the spindle lock is biased towards an unlocked position (locking piece 4 shows spring) and movable toward a locked position in which the spindle lock is engaged with the recess to restrict rotation of the spindle and the motor shaft, wherein the recess is a first recess, and wherein the coupler has a second recess positioned approximately 180 degrees from the first recess (5/51 shows two recesses 521) and the spindle lock movable between the unlocked position and the locked position in a direction that is perpendicular to a drive axis (central axis of 11) of the driving shaft (11) and the spindle lock includes a button biased by a biasing member (locking piece 4 shows spring) and a lock shaft operably coupled to the button, and the lock shaft is configured to selectively engage the recess when the button is actuated (pages 1-5, figs. 1-2). Sivertson also teaches rotary tool (10) with drive mechanism including a motor (13) having a motor shaft (20, figs. 1-7), having a coupler (80/82) defining a recess (diametrically opposed openings 88) and a spindle lock (90) coupled to a spindle housing (85), wherein the spindle lock is biased (110) towards an unlocked position and movable toward a locked position in which the spindle lock is engaged with the recess (openings 88) to restrict rotation of spindle (lock 90 will lock the chuck loading drum cylinder 22 which also locks motor shaft) and the motor shaft (20) wherein the recess is a first recess, and wherein the coupler has a second recess positioned approximately 180 degrees from the first recess (diametrically opposed openings 88- 4 total, figs. 8-9) and the spindle lock (94) is movable between the unlocked position and the locked position in a direction that is perpendicular to a drive axis of the spindle and the spindle lock includes a button (94/95) biased by a biasing member and a lock shaft (102) operably coupled to the button, and the lock shaft is configured to selectively engage the recess when the button is actuated (col. 3, lines 1-67, claims 1-3, figs. 1-9). Given the teachings of Nagai et al. to have a coupler for a motor shaft and a spindle with a damper between two coupling members, 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 coupler defining a recess and a spindle lock coupled to the spindle housing, wherein the spindle lock is biased towards an unlocked position and movable toward a locked position in which the spindle lock is engaged with the recess to restrict rotation of the spindle and the motor shaft, wherein the recess is a first recess, and wherein the coupler has a second recess positioned approximately 180 degrees from the first recess and a spindle lock movable between the unlocked position and the locked position in a direction that is perpendicular to a drive axis of the spindle and the spindle lock includes a button biased by a biasing member and a lock shaft operably coupled to the button, and the lock shaft is configured to selectively engage the recess when the button is actuated to have better distribution of locking torque/forces preventing further damage, provide stronger attachment, attaching locknuts/mounts/tool bits, and/or for safety purposes – emergency stop to prevent any accident or damages to the electric tool and/or user when changing/attaching locknuts/mounts/tool bits as taught by WANG et al. and Sivertson. Note- As shown, the claimed “spindle lock” (spindle lock 82) does not lock the spindle and rather locks the motor shaft 50/coupler 58 from rotation when depressed to the lock position. Since spindle 54 is not directly engaged by the spindle lock 82 and the spindle appears to be not fixedly connected to the coupler or motor shaft; then the spindle lock 82 does not restrict rotation of the spindle directly. Examiner is interpreting the spindle lock as shown, as a lock that locks a motor shaft having a coupling member attached (i.e. chuck, motor coupling shaft connector and etc.). Regarding claim 4, Nagai et al. fails to discloses the first and second portions are formed of a first material having a first hardness, and wherein the dampening portion is formed of a second material having a second hardness that is less than the first hardness. WANG et al. teaches that shaft coupling with coupler is composed of two half parts used for connecting two shafts (driving shaft and driven shaft) in different mechanisms, making them rotate together and some couplings have buffer for dampening the coupling of the two shafts and the universal coupling has a plurality of structure types (cross shaft type, ball cage type, ball fork type, bump type, ball pin type, spherical hinge type, spherical hinge plunger type, three-pin type, three-pin type, tripod type, hinge type and etc.) and teaches the fitting (2) between the to half parts has wear resistance material (7) in which the wear resistance material is a different material, thus different hardness, pages 1-5, figs. 1-2). Given the teachings of Nagai et al. to have a coupler for a motor shaft and a spindle with a damper between two coupling members, 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 first and second portions to be formed of a first material having a first hardness, and wherein the dampening portion is formed of a second material having a second hardness that is less than the first hardness to reduce wear/reduce friction to prevent further damage, provide stronger attachment, dampen vibration, and/or for strength of material purposes (combining rigid materials with flexible materials) to have the combination of strength and flexibility as taught by WANG et al. and since it has been held - selection of a known material (differing materials/include a wear resistance material) based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945).” Claim(s) 1 and 4-8 is/are rejected under 35 U.S.C. 103 as obvious over DONG et al. (US 20190293041 A1) in view of WANG et al. (CN 212106692 U) and further in view of Sivertson (US 4460296 A). Regarding claims 1 and 5-8, DONG et al. discloses a power tool (100) comprising: a main housing (106) defining a handle (116/proximal end); a spindle housing (120) coupled to the main housing; a drive mechanism (112) positioned at least partially within the main housing and the spindle housing ([0070], figs. 1-6), the drive mechanism including a motor (104) having a motor shaft (120/shown in figs. 6 and 14 inserted/engaged with spindle transmission 120), a spindle (102/906/908) having a first end (proximal end of 906/908) and a second end (distal end of 908) defining a tool holder (908 holds end of bit 902B) extending from the spindle housing, the tool holder configured to receive a tool bit (902/904), and a coupler (124/122/114, fig. 7) positioned between the motor shaft and the spindle for transmitting torque therebetween; wherein the coupler includes a first portion (124) coupled to the motor shaft (120/shaft of motor shown figs. 6 and 14), a second portion (chuck 114) coupled to the spindle (102/906/908), and a dampening portion (122) positioned between and coupling the first and second portions, wherein the first portion and the second portion each include alternating recesses and protrusions (engagement structures 126 on the second portion/chuck 114 and the first portion 124), and wherein the dampening portion (122) is keyed (122A/B) to the alternating recesses and protrusions of the first and second portions (figs. 5 and 7-8) to transmit torque from the first portion of the coupler to the second portion of the coupler ([0062-0083], figs. 1-11). DONG et al. also teaches having a spindle lock (130A) that is biased (130B, fig. 5) towards an unlocked position and movable toward a locked position in which the spindle lock is engaged with a recess (128) to restrict rotation of the spindle and the motor shaft that also blocks actuator button 118 with blocking member 130C to further ensure the motor/spindle is locked and disabled ([0073-0075, 0081], figs. 5-6) and teaches having a spring plate/ring (1204) with balls (1202) to snap fit hold the tool bit on a spindle (1206) or three magnets 1302 to magnetic hold the tool bit on a spindle ([0084-0085], fig. 12). DONG et al. fails to disclose the coupler defining a recess defined in the first portion of the coupler and a spindle lock coupled to the spindle housing, wherein the spindle lock is biased towards an unlocked position and movable toward a locked position in which the spindle lock is engaged with the recess to restrict rotation of the spindle and the motor shaft, wherein the recess is a first recess, and wherein the coupler has a second recess positioned approximately 180 degrees from the first recess and a spindle lock movable between the unlocked position and the locked position in a direction that is perpendicular to a drive axis of the spindle and the spindle lock includes a button biased by a biasing member and a lock shaft operably coupled to the button, and the lock shaft is configured to selectively engage the recess when the button is actuated. WANG et al. teaches a similar coupler, universal shaft coupling (1), composed of two half parts used for connecting two shafts (driving shaft and driven shaft) in different mechanisms, making them rotate together and the universal coupling has a plurality of structure types (cross shaft type, ball cage type, ball fork type, bump type, ball pin type, spherical hinge type, spherical hinge plunger type, three-pin type, three-pin type, tripod type, hinge type and etc.), wherein the coupler includes a first portion (driving shaft 11), a second portion (5/51), and a dampening portion (2/7) positioned between and coupling the first and second portions (figs. 1-2), wherein the first portion and the second portion each include alternating recesses and protrusions (fig. 1), and wherein the dampening portion (2/7) is keyed to alternating recesses (clamping grooves 53/13) and protrusions (12/52) of the first and second portions (12/52 mate with grooves 53/13) to transmit torque from the first portion of the coupler (11) to the second portion of the coupler (5/1, pages 1-5, figs. 1-2), defining a recess (121) defined in the first portion of the coupler and a spindle lock (3), wherein the spindle lock is biased towards an unlocked position (locking piece 4 shows spring) and movable toward a locked position in which the spindle lock is engaged with the recess to restrict rotation of the spindle and the motor shaft, wherein the recess is a first recess, and wherein the coupler has a second recess positioned approximately 180 degrees from the first recess (5/51 shows two recesses 521) and the spindle lock movable between the unlocked position and the locked position in a direction that is perpendicular to a drive axis (central axis of 11) of the driving shaft (11) and the spindle lock includes a button biased by a biasing member (locking piece 4 shows spring) and a lock shaft operably coupled to the button, and the lock shaft is configured to selectively engage the recess when the button is actuated (pages 1-5, figs. 1-2). Sivertson also teaches rotary tool (10) with drive mechanism including a motor (13) having a motor shaft (20, figs. 1-7), having a coupler (80/82) defining a recess (diametrically opposed openings 88) and a spindle lock (90) coupled to a spindle housing (85), wherein the spindle lock is biased (110) towards an unlocked position and movable toward a locked position in which the spindle lock is engaged with the recess (openings 88) to restrict rotation of spindle (chuck loading drum cylinder 22) and the motor shaft (20) wherein the recess is a first recess, and wherein the coupler has a second recess positioned approximately 180 degrees from the first recess (diametrically opposed openings 88- 4 total, figs. 8-9) and the spindle lock (94) is movable between the unlocked position and the locked position in a direction that is perpendicular to a drive axis of the spindle and the spindle lock includes a button (94/95) biased by a biasing member and a lock shaft (102) operably coupled to the button, and the lock shaft is configured to selectively engage the recess when the button is actuated (col. 3, lines 1-67, claims 1-3, figs. 1-9). Given the teachings of DONG et al. to have a coupler for a motor shaft and a spindle with a damper between two coupling members and a spindle lock to prevent any accident or damages to the electric 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 coupler defining a recess and a spindle lock coupled to the spindle housing, wherein the spindle lock is biased towards an unlocked position and movable toward a locked position in which the spindle lock is engaged with the recess to restrict rotation of the spindle and the motor shaft, wherein the recess is a first recess, and wherein the coupler has a second recess positioned approximately 180 degrees from the first recess and a spindle lock movable between the unlocked position and the locked position in a direction that is perpendicular to a drive axis of the spindle and the spindle lock includes a button biased by a biasing member and a lock shaft operably coupled to the button, and the lock shaft is configured to selectively engage the recess when the button is actuated to have better distribution of locking torque/forces preventing further damage, provide stronger attachment, attaching locknuts/mounts/tool bits, and/or for safety purposes – emergency stop to prevent any accident or damages to the electric tool and/or user when changing/attaching locknuts/mounts/tool bits as taught by WANG et al. and Sivertson. Note- As shown, the claimed “spindle lock” (spindle lock 82) does not lock the spindle and rather locks the motor shaft 50/coupler 58 from rotation when depressed to the lock position. Since spindle 54 is not directly engaged by the spindle lock 82 and the spindle appears to be not fixedly connected to the coupler or motor shaft; then the spindle lock 82 does not restrict rotation of the spindle directly. Examiner is interpreting the spindle lock as shown, as a lock that locks a motor shaft having a coupling member attached (i.e. chuck, motor coupling shaft connector and etc.). Regarding claim 4, DONG et al. discloses the first and second portions are formed of a first material having a first hardness, and wherein the dampening portion (122) is formed of a second material (rubber) having a second hardness that is less than the first hardness. WANG et al. also teaches that shaft coupling with coupler is composed of two half parts used for connecting two shafts (driving shaft and driven shaft) in different mechanisms, making them rotate together and some couplings have buffer for dampening the coupling of the two shafts and the universal coupling has a plurality of structure types (cross shaft type, ball cage type, ball fork type, bump type, ball pin type, spherical hinge type, spherical hinge plunger type, three-pin type, three-pin type, tripod type, hinge type and etc.) and teaches the fitting (2) between the two half parts has wear resistance material (7) in which the wear resistance material is a different material, thus different hardness, pages 1-5, figs. 1-2). Claim(s) 9-14 is/are rejected under 35 U.S.C. 103 as obvious over DONG et al. (US 20190293041 A1) in view of WANG et al. (CN 212106692 U) in view of Sivertson (US 4460296 A) and further in view of Nakashima (US 20110100665 A1). Regarding claims 9-14, DONG et al./modified DONG et al. fails to disclose the spindle housing having an inner spindle housing and an outer spindle housing, a damper positioned between the inner spindle housing and the outer spindle housing, wherein the damper is configured to attenuate transmission of vibration from the inner spindle housing to the outer spindle housing, and wherein the damper longitudinally extends along the inner spindle housing or the outer spindle housing, wherein the damper is parallel to a drive axis that extends centrally through the motor shaft and the spindle the damper is coupled to an internal surface of the outer spindle housing and coupled to an external surface of the inner spindle housing, wherein the damper is a first of a plurality of dampers, and wherein the plurality of dampers also includes a second damper, a third damper, and a fourth damper, wherein the first and second dampers are coupled to an internal surface of the outer spindle housing, and wherein the third and fourth dampers are coupled to an external surface of the outer spindle housing. Nakashima teaches a power tool (hammer drill 101) comprising: a main housing (103/104) defining a handle (109); a spindle housing (106/108) coupled to the main housing, the spindle housing having an inner spindle housing (106) and an outer spindle housing (108); a damper (157 and/or front and rear rubber rings 151, 152) positioned between the inner spindle housing (106) and the outer spindle housing (108), wherein the damper is configured to attenuate transmission of vibration from the inner spindle housing to the outer spindle housing [0052-0068], and wherein the damper longitudinally extends along the inner spindle housing or the outer spindle housing ("longitudinally elastic element" [0059], “rubber pins 157 extend along the length of the barrel cover 108”, [0059-0060], fig. 6), wherein the damper is parallel to a drive axis (119/143) that extends centrally through the motor shaft and the spindle ([0059-0066], figs. 1-7) and the damper (157) is coupled to an internal surface (159) of the outer spindle housing (108) and coupled to an external surface (162( of the inner spindle housing (figs. 6-7), wherein the damper is a first of a plurality of dampers, and wherein the plurality of dampers also includes a second damper, a third damper, and a fourth damper, wherein the first and second dampers are coupled to an internal surface of the outer spindle housing, and wherein the third and fourth dampers are coupled to an external surface of the outer spindle housing (“four or more circumferentially elastic elements may be provided only if they are equidistantly spaced in the circumferential direction” [0013, 0059-0066], figs. 1-7). Given the teachings of DONG et al. to have a coupler for a motor shaft, spindle shaft, and a dampener, 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 spindle housing having an inner spindle housing and an outer spindle housing, a damper positioned between the inner spindle housing and the outer spindle housing, wherein the damper is configured to attenuate transmission of vibration from the inner spindle housing to the outer spindle housing, and wherein the damper longitudinally extends along the inner spindle housing or the outer spindle housing, wherein the damper is parallel to a drive axis that extends centrally through the motor shaft and the spindle the damper is coupled to an internal surface of the outer spindle housing and coupled to an external surface of the inner spindle housing, wherein the damper is a first of a plurality of dampers, and wherein the plurality of dampers also includes a second damper, a third damper, and a fourth damper, wherein the first and second dampers are coupled to an internal surface of the outer spindle housing, and wherein the third and fourth dampers are coupled to an external surface of the outer spindle housing to have better distribution/dampening of locking torque/forces, tighter fit between the housings, reduce shearing forces and/or for safety purposes (reduce vibration to the operator) as taught by Nakashima. Claim(s) 9-14 is/are rejected under 35 U.S.C. 103 as obvious over Nagai et al. (US 20060102697 A1) in view of WANG et al. (CN 212106692 U) in view of Sivertson (US 4460296 A) and further in view of Nakashima (US 20110100665 A1). Regarding claims 9-14, Nagai et al./modified Nagai et al. fails to disclose the spindle housing having an inner spindle housing and an outer spindle housing, a damper positioned between the inner spindle housing and the outer spindle housing, wherein the damper is configured to attenuate transmission of vibration from the inner spindle housing to the outer spindle housing, and wherein the damper longitudinally extends along the inner spindle housing or the outer spindle housing, wherein the damper is parallel to a drive axis that extends centrally through the motor shaft and the spindle the damper is coupled to an internal surface of the outer spindle housing and coupled to an external surface of the inner spindle housing, wherein the damper is a first of a plurality of dampers, and wherein the plurality of dampers also includes a second damper, a third damper, and a fourth damper, wherein the first and second dampers are coupled to an internal surface of the outer spindle housing, and wherein the third and fourth dampers are coupled to an external surface of the outer spindle housing. Nakashima teaches a power tool (hammer drill 101) comprising: a main housing (103/104) defining a handle (109); a spindle housing (106/108) coupled to the main housing, the spindle housing having an inner spindle housing (106) and an outer spindle housing (108); a damper (157 and/or front and rear rubber rings 151, 152) positioned between the inner spindle housing (106) and the outer spindle housing (108), wherein the damper is configured to attenuate transmission of vibration from the inner spindle housing to the outer spindle housing [0052-0068], and wherein the damper longitudinally extends along the inner spindle housing or the outer spindle housing ("longitudinally elastic element" [0059], “rubber pins 157 extend along the length of the barrel cover 108”, [0059-0060], fig. 6), wherein the damper is parallel to a drive axis (119/143) that extends centrally through the motor shaft and the spindle ([0059-0066], figs. 1-7) and the damper (157) is coupled to an internal surface (159) of the outer spindle housing (108) and coupled to an external surface (162( of the inner spindle housing (figs. 6-7), wherein the damper is a first of a plurality of dampers, and wherein the plurality of dampers also includes a second damper, a third damper, and a fourth damper, wherein the first and second dampers are coupled to an internal surface of the outer spindle housing, and wherein the third and fourth dampers are coupled to an external surface of the outer spindle housing (“four or more circumferentially elastic elements may be provided only if they are equidistantly spaced in the circumferential direction” [0013, 0059-0066], figs. 1-7). Given the teachings of Nagai et al. to have a coupler for a motor shaft, spindle shaft, and a dampener, 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 spindle housing having an inner spindle housing and an outer spindle housing, a damper positioned between the inner spindle housing and the outer spindle housing, wherein the damper is configured to attenuate transmission of vibration from the inner spindle housing to the outer spindle housing, and wherein the damper longitudinally extends along the inner spindle housing or the outer spindle housing, wherein the damper is parallel to a drive axis that extends centrally through the motor shaft and the spindle the damper is coupled to an internal surface of the outer spindle housing and coupled to an external surface of the inner spindle housing, wherein the damper is a first of a plurality of dampers, and wherein the plurality of dampers also includes a second damper, a third damper, and a fourth damper, wherein the first and second dampers are coupled to an internal surface of the outer spindle housing, and wherein the third and fourth dampers are coupled to an external surface of the outer spindle housing to have better distribution/dampening of locking torque/forces, tighter fit between the housings, reduce shearing forces and/or for safety purposes (reduce vibration to the operator) as taught by Nakashima. Response to Arguments Applicant’s arguments, see Appeal Brief filed 09/29/2025 has been fully considered and is persuasive. The prior Final-Rejection has been withdrawn and the new Non-Final Rejection (see above/supra) is to replace/supersede the prior Final Rejection dated 03/27/2025. Applicant’s arguments with respect to claim(s) 1 and 4-14 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. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: 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, SHELLEY SELF can be reached at (571) 272-4524. 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
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Prosecution Timeline

Mar 28, 2023
Application Filed
May 09, 2024
Non-Final Rejection — §103
Aug 01, 2024
Response Filed
Aug 25, 2024
Final Rejection — §103
Oct 29, 2024
Response after Non-Final Action
Nov 10, 2024
Non-Final Rejection — §103
Feb 13, 2025
Response Filed
Mar 22, 2025
Final Rejection — §103
Jun 27, 2025
Response after Non-Final Action
Jul 28, 2025
Response after Non-Final Action
Jul 28, 2025
Notice of Allowance
Aug 19, 2025
Response after Non-Final Action
Sep 29, 2025
Response after Non-Final Action
Oct 10, 2025
Response after Non-Final Action
Dec 19, 2025
Non-Final Rejection — §103
Apr 02, 2026
Response Filed

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12576452
DRILL
2y 5m to grant Granted Mar 17, 2026
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POWER ADAPTER FOR A POWERED TOOL
2y 5m to grant Granted Mar 17, 2026
Patent 12564925
GAS SPRING-POWERED FASTENER DRIVER
2y 5m to grant Granted Mar 03, 2026
Patent 12558092
END EFFECTORS, SURGICAL STAPLING DEVICES, AND METHODS OF USING SAME
2y 5m to grant Granted Feb 24, 2026
Patent 12544897
ROTARY HAMMER INCLUDING MODE-BASED MOTOR DIRECTION CONTROL
2y 5m to grant Granted Feb 10, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
72%
Grant Probability
99%
With Interview (+30.2%)
3y 1m
Median Time to Grant
High
PTA Risk
Based on 1094 resolved cases by this examiner. Grant probability derived from career allow rate.

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