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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of Species II, claims 1-20 in the reply filed on 20 November 2025 is acknowledged.
Claim Rejections - 35 USC § 102
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.
Claims 1-10 and 13-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nielsen (WO 96/08343 A1).
Regarding claim 1, Nielsen discloses a tool bit (see figures 4-6) for use with a power tool (hammer drill) having a chuck (bushing 19 of drill holder shown, see figure 5) and an anvil 25, the tool bit comprising: a first end (cutting end of drill bit, not shown, to the left in figure 4); a second end 15 opposite the first end; a body (smaller diameter portion to the left of radially expanded portion 17, see figure 5) defining the first end of the tool bit; and a shank 12 coupled to the body and defining the second end of the tool bit, the shank configured to be inserted into the chuck of the power tool (see figure 5), the shank including a slot 13 formed through the second end, the slot configured to receive a portion (rib 22 of figure 6) of the chuck to transfer rotational movement from the power tool to the tool bit, a ball detent 16 spaced circumferentially from the slot, the ball detent configured to receive a locking sphere (ball 22 of figure 5) of the chuck to lock the tool bit within the chuck, and a projection 18, the projection configured to contact a surface 24 of the chuck and limit insertion of the shank into the chuck, thereby providing a space (between ends 15 of the bit and 26 of the anvil, see page 8, lines 7-10, and figure 5) between the second end of the tool bit and the anvil.
Regarding claim 2, Nielsen discloses wherein the space inhibits the second end 15 of the tool bit from contacting the anvil 25 during operation of the power tool (see page 8, lines 7-10).
Regarding claim 3, Nielsen discloses wherein the projection 18 is a shoulder 18 formed at an increased diameter portion of the shank 12 (see figure 4).
Regarding claim 4, Nielsen discloses wherein the shoulder 18 extends continuously around a circumference of the shank 12 (see figure 4).
Regarding claim 5, Nielsen discloses wherein the increased diameter portion 18 is disposed between the slot 13 and the body (smaller diameter portion to the left of radially expanded portion 17, see figure 5), and wherein the projection is a first projection 18, the tool bit further including a second projection 17 positioned between the increased diameter portion and the body (as seen in figure 5).
Regarding claim 6, Nielsen discloses wherein the slot 13 has a proximal end adjacent the second end 15 of the tool bit and a distal end opposite the proximal end (see figure 4), and wherein the projection 18 is adjacent the distal end of the slot (as seen in figure 4).
Regarding claim 7, Nielsen discloses wherein the slot 13 is a first slot 13, wherein the ball detent 16 is a first ball detent 16, and wherein the shank 12 further includes a second slot 13 (see figure 6) positioned diametrically opposite from the first slot and formed through the second end 15, the second slot configured to receive another portion (second rib 22, see figure 6) of the chuck to transfer rotational movement from the power tool to the tool bit, and a second ball detent 16 positioned diametrically opposite from the first ball detent (see page 7, lines 19-20 and 27-31, and figure 4), the second ball detent configured to receive another locking sphere 22 of the chuck to lock the tool bit within the chuck.
Regarding claim 8, Nielsen discloses wherein the ball detent 16 is bounded on all sides (see figure 4).
Regarding claim 9, Nielsen discloses a tool bit (see figures 4-6) for use with a power tool (hammer drill) having a chuck (bushing 19 of drill holder shown, see figure 5) and an anvil 25, the tool bit comprising: a first end (cutting end of drill bit, not shown, to the left in figure 4); a second end 15 opposite the first end; a body (smaller diameter portion to the left of radially expanded portion 17, see figure 5) defining the first end of the tool bit; and a shank 12 coupled to the body and defining the second end of the tool bit, the shank configured to be inserted into the chuck of the power tool, the shank including a slot 13 formed through the second end, the slot configured to receive a portion (rib 22 of figure 6) of the chuck to transfer rotational movement from the power tool to the tool bit, a ball detent 16 spaced circumferentially from the slot, the ball detent configured to receive a locking sphere (ball 22 of figure 5) of the chuck to lock the tool bit within the chuck, an increased diameter portion 17 positioned between the slot and the body (see figure 5), and a projection 18 disposed between the slot and the increased diameter portion, the projection sloping toward the increased diameter portion and configured to limit insertion of the shank into the chuck (by contacting frustum 24 of the chuck).
Regarding claim 10, Nielsen discloses wherein the projection 18 is configured to contact a surface 24 of the chuck, thereby providing a space (between ends 15 of the bit and 26 of the anvil, see page 8, lines 7-10, and figure 5) between the second end of the tool bit and the anvil 25.
Regarding claim 13, Nielsen discloses wherein the slot 13 is longer than the ball detent 16 (see figure 4) such that an end of the slot that is distal to the second end 15 of the tool bit is positioned between the projection 18 and an end of the ball detent that is distal to the second end of the tool bit (as seen in figure 4).
Regarding claim 14, Nielsen discloses wherein the projection 18 is a shoulder 18 that extends continuously around a circumference of the shank 12 (see figure 4).
Regarding claim 15, Nielsen discloses a tool bit (see figures 4-6) for use with a power tool (hammer drill) having a chuck (bushing 19 of drill holder shown, see figure 5) and an anvil 25, the tool bit comprising: a first end (cutting end of drill bit, not shown, to the left in figure 4); a second end 15 opposite the first end such that an axis of rotation (shown by center lines in figure 6) is defined between the first end and the second end; a body (smaller diameter portion to the left of radially expanded portion 17, see figure 5) defining the first end of the tool bit; and a shank 12 coupled to the body and defining the second end of the tool bit, the shank configured to be inserted into the chuck of the power tool, the shank including a slot 13 formed through the second end, the slot configured to receive a portion (rib 22 of figure 6) of the chuck to transfer rotational movement from the power tool to the tool bit, the slot having a proximal slot end adjacent the second end of the tool bit and a distal slot end opposite the proximal slot end (see figure 4), a ball detent 16 spaced circumferentially from the slot, the ball detent configured to receive a locking sphere (ball 22 of figure 5) of the chuck to lock the tool bit within the chuck, the ball detent having a proximal ball detent end adjacent the second end of the tool bit and a distal ball detent end opposite the proximal ball detent end (see figure 4), and a projection 18 extending away from and circumferentially around a circumference of the shank, wherein the distal slot end is positioned between the distal ball detent end and the projection (as seen in figure 4).
Regarding claim 16, Nielsen discloses wherein the projection 18 is configured to contact a surface 24 of the chuck and limit insertion of the shank into the chuck, thereby providing a space (between ends 15 of the bit and 26 of the anvil, see page 8, lines 7-10, and figure 5) between the second end of the tool bit and the anvil.
Regarding claim 17, Nielsen discloses wherein the space inhibits the second end 15 of the tool bit from contacting the anvil 25 during operation of the power tool (see page 8, lines 7-10).
Regarding claim 18, Nielsen discloses wherein the slot 13 extends through the second end 15 of the tool bit such that the proximal slot end is located at the second end of the tool bit, and wherein the proximal ball detent end is spaced from the second end of the tool bit (as seen in figure 4).
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 of this title, 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 11-12 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Nielsen in view of Widmann et al. (DE 10 2012 212 042 A1).
Regarding claims 11-12, Nielsen discloses the invention substantially as claimed, except Nielsen does not disclose wherein the body has a greater diameter than the increased diameter portion of the shank, or wherein the projection is a first projection, the tool bit further including a second projection that slopes from the increased diameter portion toward the body. Widmann et al. teaches the use of a tool bit 1 that comprises a shank 2 with a first projection (lower increasing diameter portion labeled W1, see figure 1a), and increased diameter portion (cylindrical portion directly above the first projection, see figure 1a), and a second projection (upper increasing diameter portion attached to drill sleeve 3 at bottom 4, see figure 1a) that slopes into the body 3, wherein the body has a greater diameter than the increased diameter portion of the shank for the purpose of being able to drill a large hole in a material. Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have combined the tool bit of Nielsen with the large body and second projection of Widmann et al. in order to be able to drill larger holes in a material.
Regarding claims 19-20, Nielsen discloses the invention substantially as claimed, except Nielsen does not disclose wherein the shank further includes an increased diameter portion, wherein the projection is formed at a transition to the increased diameter portion, and wherein the body has a greater diameter than the increased diameter portion of the shank, wherein the projection is a first projection, the tool bit further including a second projection between the increased diameter portion and the body. Widmann et al. teaches the use of a tool bit 1 that comprises a shank 2 with a first projection (lower increasing diameter portion labeled W1, see figure 1a), and increased diameter portion (cylindrical portion directly above the first projection, see figure 1a), and a second projection (upper increasing diameter portion attached to drill sleeve 3 at bottom 4, see figure 1a) that slopes into the body 3, wherein the body has a greater diameter than the increased diameter portion of the shank for the purpose of being able to drill a large hole in a material. Therefore, it would have been obvious to one having ordinary skill in the art prior to the effective filing date of the invention to have combined the tool bit of Nielsen with the large body and second projection of Widmann et al. in order to be able to drill larger holes in a material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC ANDREW GATES whose telephone number is (571)272-5498. The examiner can normally be reached on M-Th 9-6, Alt Fr 9-5.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sunil Singh, can be reached on 571-272-3460. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIC A. GATES/Primary Examiner, Art Unit 3722 10 February 2026