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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-11 in the reply filed on 01/12/2026 is acknowledged. As a note, Applicant amended claim 12 in an attempt to overcome the combination-subcombination restriction requirement. However, the same relationship still exists, with the combination (claim 1) not requiring the particulars of the subcombination (claim 12) such as the claimed inner diameter relationship with the outer surface of the drive end portion of the output shaft, deformable wing(s) and ball detent seat(s) as claimed. Accordingly, the restriction requirement is still proper, and the additional claims will not be rejoined at this time, until they require all limitations of an allowed claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 5-6 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sasaki et al. (US 7654779, hereinafter ‘Sasaki’).
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 1, 5-6 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Sasaki et al. (US 7654779, hereinafter ‘Sasaki’).
Regarding claims 1 and 5, Sasaki discloses a tool 100 comprising a housing 103, an electric motor 121 positioned in the housing, a drive assembly including an output shaft 115 having a driving end portion, the output shaft extending away from the housing and including a drive bore 133 configured such that a tool element for performing work on a workpiece is attachable to the output shaft by inserting the tool element into the drive bore (e.g. Fig. 15). A retainer assembly including a collar 239 is positioned about an outer surface of the driving end portion and a deformable retainer ring 247, the deformable retainer ring being positioned between the output shaft and the collar (see e.g. Fig. 14).
While Sasaki discloses the ring-like elastic member being elastically deformed by the relatively light pressure of a user inserting a tool into the drive bore (Col. 10, Line 46 – Col. 11, Line 22), Sasaki is silent as to the material used in the elastic ring (i.e. an O-ring). However, Examiner takes Official Notice that one having ordinary skill in the art at the time of filing would have found it obvious to use rubber as a suitable material to make an elastically-deformable ring from, as rubber O-rings are a common occurrence in the art in various uses.
Regarding claim 6, Sasaki discloses the output shaft being an anvil including a body rotatable about a longitudinal axis.
Regarding claim 10, Sasaki discloses the collar 239 being movable along the longitudinal axis of the tool (see e.g. Figs. 19A – 19B).
Regarding claim 11, Sasaki discloses the tool being an impact driver, and the drive assembly being configured to convert a continuous rotational input from the electric motor into intermittent applications of torque to the output shaft, the drive assembly including a camshaft 112 driven by the electric motor, and a hammer 114 configured to reciprocate along the camshaft.
Claims 2-4, 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Sasaki et al. (US 7654779) as applied to claim 1 above, and further in view of Braun et al. (US 20100176561, hereinafter ‘Braun’).
Regarding claims 2-4, 7 and 9, Sasaki does not disclose any additional details of the elastic ring, other than it is ring-shaped.
Braun discloses a similar tool, wherein a deformable elastic ring 340 is provided, said ring including a plurality of deformable wings 346, each having a ball detent seat (the end thereof) and being associated with a respective one of a plurality of ball detents 32 received on the seat. A slot 60/62 is formed into the drive bore, wherein the deformable wing and ball detent extend into the drive bore in an undeformed state of the deformable retainer ring, and wherein the deformable wing deflects to permit the ball detent to move out of the drive bore and into the slot when the deformable wing of the deformable retainer ring is in a deformed state in response to insertion of the tool element 14 into the drive bore.
It would have been obvious to one having ordinary skill in the art at the time of filing to provide the deformable wing(s) corresponding to the ball detent(s) taught by Braun to the tool of Sasaki, in order to reduce overall wear to the deformable retainer ring by focusing the elastic deformation on the deformable wing(s) (Paragraph [0046] of Braun).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Alan Snyder whose telephone number is (571)272-4603. The examiner can normally be reached M-R 7:00a - 5:00p.
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/Alan Snyder/Primary Examiner, Art Unit 3722