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 .
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 21-39 and 41 are rejected under 35 U.S.C. 103 as being unpatentable over Yabuguchi et al. (WO2019049910, with reference to translation) in view of Chi (U.S. Patent 6,655,473) and Hong (EP3534039).
Claim 21: Yabuguchi et al. discloses a power tool (1) comprising: a handle (15) including a trigger (151) thereon; a motor (2 - paragraph 38) located within the tool for control by the trigger (paragraph 36), the motor including a motor output shaft (25) extending along a first longitudinal axis (A2) of the power tool to generate torque; a fastener gripping portion (63, 630 - paragraph 56) axially moveable between a home position and a retracted position along a second longitudinal axis (A1 - paragraphs 39-46); a transmission including a gear arrangement having a first gear (35) rotatable about the first longitudinal axis (paragraph 41) and a second gear (411) rotatable about the second longitudinal axis (Id.); and a screw-nut force converter (40 - paragraphs 43-44) including: an input sleeve (nut 41 or at least a portion thereof) having an internal threaded surface (paragraph 46), the input sleeve arranged forward of the handle (Fig. 2), a threaded rod (46) mounted within the input sleeve forward of the handle (Fig. 2), a connecting sleeve (49) having internal threads for attachment to the threaded rod and external threads for attachment to the fastener gripping portion (paragraph 51), and a plurality of rollers (balls) arranged in a space between opposing threaded surfaces of the input sleeve and the threaded rod (paragraph 46), where driving the input sleeve causes axial movement of the threaded rod along the second longitudinal axis which thereby causes the axial movement of the fastener gripping portion (as cited above).
Yabuguchi does not disclose a configuration wherein the motor is at least partially located within the handle and the second longitudinal axis is perpendicular to the first longitudinal (motor) axis, and a bevel gear arrangement having first and second bevel gears. Yabuguchi does disclose that the configurations of the motor 2, the transmission mechanism 3, and the drive mechanism 4 may be changed as appropriate (paragraph 114). However, Chi teaches a portable, motor-driven, pistol-style power tool having a configuration wherein the motor (14) is at least partially located in a handle of the tool (Fig. 1) and has a first motor rotational axis extending along a longitudinal axis of a handle (vertically in Fig. 1), and the transmission including a first bevel gear (142) on the motor axis for driving a second bevel gear (22) perpendicular thereto and connected to the remainder of the tool mechanisms, such that torque generated by the motor about the first rotational axis is transferred to the second bevel gear which redirects the torque to apply a rotational force to the output of the tool about the second axis (evident from Fig. 1). Since both references teach a means or configuration for transferring torque between a motor and a remainder of the parts of a hand-held power tool via gears, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the motor and gearing arrangement of Yabuguchi with that of Chi to have achieved the predictable result of driving the power tool via the motor (MPEP 2143 I. B.). In doing so, the input sleeve 41 and the threaded rod 46 would also be located forward of the first longitudinal (motor) axis given that they are forward of the handle as noted above.
Yabuguchi does not disclose a (separate) driving sleeve rotationally coupled to (understood from the disclosure as rotationally fixed with respect to) the second bevel gear and concentrically (having a common center with) arranged on and rotationally fixed to the input sleeve to rotatably drive the input sleeve. However, Hong discloses a similar tool where a “sleeve gear 35” (where a portion could be considered the sleeve while another portion the gear) is separately and concentrically mounted to an input sleeve (32) to drive rotation thereof (paragraphs 22- 23). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a separate driving sleeve operatively coupled to the second gear since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). Regarding the particular “sleeve” shape, it has also been held that the configuration of a claimed product is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed product is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Please note that in the instant application, paragraph 20, Applicant has not disclosed any criticality for the limitation in question.
Claim 22: Referring to Yabuguchi, the screw-nut force converter is a roller (ball) screw mechanism (paragraphs 43-44, 46) extending along the second longitudinal axis between the bevel gear arrangement (as modified by Chi) and the fastener gripping portion (evident from Fig. 2).
Claim 23: As modified by Chi, the motor would be located entirely within the handle.
Claim 24: Yabuguchi discloses that the transmission comprises at least one planetary gear stage (31) for transferring torque from the motor along the first longitudinal axis in use.
Claims 25-26: Yabuguchi further discloses a battery attachment portion (158) on the handle (lower end) such that a notional line extending between the battery attachment portion and the motor output shaft (as modified by Chi) extends along the first longitudinal axis.
Claim 27: The fastener gripping portion comprises a jaw assembly (630 - paragraph 56).
Claim 28: The tool further comprises at least one bearing (412, 413) that rotationally supports the driving sleeve (paragraph 45 - either directly as part of nut 41, or indirectly the sleeve gear as taught by Hong).
Claim 29: The threaded rod includes a channel extending therethrough along the second longitudinal axis (the screw 46 is depicted as hollow).
Claims 30-31: The driving sleeve (either as a portion of nut 41 or as the sleeve 35 as taught by Hong) is surrounded by the second gear (411) at an end thereof (“an end” being broad, the portion which gear 411 surrounds can be part of an “end” of the nut). As modified by Chi, the gear 411 would be the second bevel gear as discussed above.
Claim 32: The second bevel gear (411, as modified by Chi to be a bevel gear) is disposed around the threaded rod (Yabuguchi, Figs. 2-3).
Claims 33-34: The rollers of the screw-nut force converter includes balls (paragraph 46) and the second bevel gear (411, as modified by Chi to be a bevel gear) is disposed rearward of the rollers (gear 411 would be rearward of at least the balls toward the frontmost portion of nut 41). The balls are not explicitly metal. However, Applicant admits (see uncontested Official Notice in previous OA and MPEP 2144.03 C.) that balls of a ball-screw mechanism, or other similar balls, would be made from metal such as steel for its strength and hardness. Furthermore, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960). Please not that in the instant application, paragraph 20, Applicant has not disclosed any criticality for the material of the balls.
Claim 35: The threaded internal surface of the input sleeve is disposed forward of the second bevel gear (at least some of the threads would be forward of the gear 411, modified as a bevel gear by Chi).
Claim 36: Yabuguchi et al. discloses a power tool (1) comprising: a motor (2 - paragraph 38) including a motor output shaft (25) extending along a first longitudinal axis (A2) of the power tool to generate torque; a fastener gripping portion (63, 630 - paragraph 56) axially moveable between a home position and a retracted position along a second longitudinal axis (A1 - paragraphs 39-46); a transmission including a gear arrangement having a first gear (35) rotatable about the first longitudinal axis (paragraph 41) and a second gear (411) rotatable about the second longitudinal axis (Id.); and a screw-nut force converter (40 - paragraphs 43-44) including: an input sleeve (nut 41 or at least a portion thereof) having an internal threaded surface (paragraph 46), a threaded rod (46) mounted within the input sleeve (Fig. 2), a connecting sleeve (49) threadably attached at a first end to the threaded rod and at a second end to the fastener gripping portion (paragraph 51), a plurality of rollers (balls) arranged in a space between opposing threaded surfaces of the input sleeve and the threaded rod (paragraph 46), and where rotatably driving the input sleeve and through the rollers causes axial movement of the threaded rod along the second longitudinal axis which thereby causes the axial movement of the fastener gripping portion (as cited above).
Yabuguchi does not disclose a configuration wherein the second longitudinal axis is perpendicular to the first longitudinal (motor) axis, and a bevel gear arrangement having first and second bevel gears. Yabuguchi does disclose that the configurations of the motor 2, the transmission mechanism 3, and the drive mechanism 4 may be changed as appropriate (paragraph 114). However, Chi teaches a portable, motor-driven, pistol-style power tool having a configuration wherein the motor (14) has a first motor rotational axis extending along a longitudinal axis (of a handle, vertically in Fig. 1), and the transmission including a first bevel gear (142) on the motor axis for driving a second bevel gear (22) perpendicular thereto and connected to the remainder of the tool mechanisms, such that torque generated by the motor about the first rotational axis is transferred to the second bevel gear which redirects the torque to apply a rotational force to the output of the tool about the second axis (evident from Fig. 1). Since both references teach a means or configuration for transferring torque between a motor and a remainder of the parts of a hand-held power tool via gears, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the motor and gearing arrangement of Yabuguchi with that of Chi to have achieved the predictable result of driving the power tool via the motor (MPEP 2143 I. B.).
Yabuguchi does not disclose a (separate) driving sleeve rotationally coupled to (understood from the disclosure as rotationally fixed with respect to) the second bevel gear and concentrically (having a common center with) arranged on and rotationally fixed to the input sleeve to rotatably drive the input sleeve. However, Hong discloses a similar tool where a “sleeve gear 35” (where a portion could be considered the sleeve while another portion the gear) is separately and concentrically mounted to an input sleeve (32) to drive rotation thereof (paragraphs 22- 23). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a separate driving sleeve operatively coupled to the second gear since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). Regarding the particular “sleeve” shape, it has also been held that the configuration of a claimed product is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed product is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Please note that in the instant application, paragraph 20, Applicant has not disclosed any criticality for the limitation in question.
Claim 37: The fastener gripping portion comprises a jaw assembly (630 - paragraph 56).
Claim 38: The tool further comprises at least one bearing (412, 413) that rotationally supports the driving sleeve (paragraph 45 - either directly as part of nut 41, or indirectly the sleeve gear as taught by Hong).
Claim 39: The driving sleeve (as the sleeve 35 as taught by Hong) is concentrically surrounded by the second gear (411) at an end thereof (“an end” being broad, the portion which gear 411 surrounds can be part of an “end” of the sleeve, and the gear would implicitly be at the radial outermost portion). As modified by Chi, the gear 411 would be the second bevel gear as discussed above.
Claim 41: Yabuguchi et al. discloses a power tool (1) comprising: a handle (15); a motor (2 - paragraph 38) located within the tool, the motor including a motor output shaft (25) extending along a first longitudinal axis (A2) of the power tool to generate torque; a fastener gripping portion (63, 630 - paragraph 56) axially moveable between a home position and a retracted position along a second longitudinal axis (A1 - paragraphs 39-46); a transmission including a gear arrangement having a first gear (35) rotatable about the first longitudinal axis (paragraph 41) and a second gear (411) rotatable about the second longitudinal axis (Id.); and a screw-nut force converter (40 - paragraphs 43-44) including: an input sleeve (nut 41 or at least a portion thereof) having an internal threaded surface (paragraph 46), the input sleeve arranged forward of the handle (Fig. 2), a threaded rod (46) mounted within the input sleeve forward of the handle (Fig. 2), a connecting sleeve (49) having internal threads for attachment to the threaded rod and external threads for attachment to the fastener gripping portion (paragraph 51), where driving the input sleeve causes axial movement of the threaded rod along the second longitudinal axis which thereby causes the axial movement of the fastener gripping portion (as cited above).
Yabuguchi does not disclose a configuration wherein the motor is at least partially located within the handle and the second longitudinal axis is perpendicular to the first longitudinal (motor) axis, and a bevel gear arrangement having first and second bevel gears. Yabuguchi does disclose that the configurations of the motor 2, the transmission mechanism 3, and the drive mechanism 4 may be changed as appropriate (paragraph 114). However, Chi teaches a portable, motor-driven, pistol-style power tool having a configuration wherein the motor (14) is at least partially located in a handle of the tool (Fig. 1) and has a first motor rotational axis extending along a longitudinal axis of a handle (vertically in Fig. 1), and the transmission including a first bevel gear (142) on the motor axis for driving a second bevel gear (22) perpendicular thereto and connected to the remainder of the tool mechanisms, such that torque generated by the motor about the first rotational axis is transferred to the second bevel gear which redirects the torque to apply a rotational force to the output of the tool about the second axis (evident from Fig. 1). Since both references teach a means or configuration for transferring torque between a motor and a remainder of the parts of a hand-held power tool via gears, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the motor and gearing arrangement of Yabuguchi with that of Chi to have achieved the predictable result of driving the power tool via the motor (MPEP 2143 I. B.). In doing so, the input sleeve 41 and the threaded rod 46 would also be located forward of the first longitudinal (motor) axis given that they are forward of the handle as noted above.
Yabuguchi does not disclose a (separate) driving sleeve rotationally coupled to (understood from the disclosure as rotationally fixed with respect to) the second bevel gear and concentrically (having a common center with) arranged on and rotationally fixed to the input sleeve to rotatably drive the input sleeve. However, Hong discloses a similar tool where a “sleeve gear 35” (where a portion could be considered the sleeve while another portion the gear) is separately and concentrically mounted to an input sleeve (32) to drive rotation thereof (paragraphs 22- 23). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used a separate driving sleeve operatively coupled to the second gear since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). Regarding the particular “sleeve” shape, it has also been held that the configuration of a claimed product is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed product is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Please note that in the instant application, paragraph 20, Applicant has not disclosed any criticality for the limitation in question.
Response to Arguments
Applicant's arguments filed 2/19/2026 have been fully considered.
Applicant asserts that “the Yabuguchi design lacks the technical features of a connecting sleeve having internal threads for attachment to the threaded rod and external threads for attachment to the fastener gripping portion”. However, Yabuguchi clearly describes such a feature as element 49 in paragraph 51.
Regarding the driving sleeve, the examiner now relies non-optionally on Hong to teach a driving sleeve as a separate, concentric feature to the input sleeve (nut). Applicant’s arguments focus on the deficiencies of Yabuguchi with respect to this feature without addressing Hong, which was previously used to teach a separate driving sleeve as an alternative to the one-piece interpretation of Yabuguchi.
It is noted that the status indicator of claim 41 is currently “Currently Amended” but should be --New--. New claim 41 is rejected on substantially similar grounds as claim 21.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW P TRAVERS whose telephone number is (571)272-3218. The examiner can normally be reached 10:00AM-6:30PM.
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, Sunil K. 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.
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.
/Matthew P Travers/ Primary Examiner, Art Unit 3726