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 of the Claims
This is a non-final rejection in response to the communication filed 05/01/2025. Claims 1-26 are currently pending.
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.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 5,201,146 to Fushiya (Fushiya).
In Reference to Claim 13
Fushiya discloses a hand-held power tool (Fig. 1, 1 for instance), the hand-held power tool comprising:
a housing (3 for instance), the housing including:
a tool axis (see annotated figure 1);
an accessory axis (axis of 14 for instance);
a rear handle (5 for instance); a switch (13 for instance) positioned proximate the rear handle (5); and a removable handle (14 for instance);
a motor (2 for instance), retained within the housing (3); and a working head (attachment to 6 for instance) driven by the motor (2) via a drive shaft (6 for instance) and gearing (see col 2, ll 37-40), wherein: the rear handle is generally parallel to the tool axis (see annotated figure); and the removable handle (14) is generally parallel to the accessory axis (axis of 14 for instance).
In Reference to Claim 14
Fushiya discloses the hand-held power tool of claim 13, wherein the tool axis (see annotated figure) and the accessory axis (of 14 for instance) are generally perpendicular (see figure 2).
Claim(s) 25-26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 5,709,596 to Alexander et al. (Alexander).
In Reference to Claim 25
Alexander discloses a removable handle for a hand-held power tool (Fig. 1, 12 for instance), the removable handle comprising:
a grip portion (24 for instance) and a tool attachment portion (26), wherein the handle is operable to permit the ergonomic operation of the hand-held power in at least a first configuration and a second configuration (configurations with 26 on and off for instance); the first configuration positions an operator's upper extremity such that the operator's forearm is in a generally neutral position (with 26 off for instance); and the second configuration positions the operator's upper extremity to apply leverage along a drive axis through a working head and onto a work surface (with 26 on, see also col 2, ll 57-60).
In Reference to Claim 26
Alexander discloses the removable handle of claim 25, wherein: the tool attachment portion includes at least one fastener receiver for receiving a threaded fastener (42 for instance) and wherein the removable handle (26) is attachable to the hand-held power tool (12) by inserting a threaded fastener through the at least one fastener receiver and engaging the threaded fastener with a housing of the hand-held power tool (42 to attached 26 for instance).
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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5,201,146 to Fushiya (Fushiya) in view of US Patent 5,709,596 to Alexander et al. (Alexander).
In Reference to Claim 1
Fushiya discloses a hand-held power tool (Fig. 1, 1 for instance), the hand-held power tool comprising:
a housing (3 for instance), the housing including:
a tool axis (see annotated figure 1);
a drive axis (see annotated figure 1);
a rear handle (5 for instance);
a switch (13 for instance) positioned proximate the rear handle (5);
a fore grip handle (14 for instance, see figure 2);
a motor (2 for instance), retained within the housing (3); and
a working head (attachment to 6 for instance) driven by the motor (2) via a drive shaft (6 for instance) and gearing (see col 2, ll 37-40), wherein: the rear handle is generally parallel to the tool axis (as seen in annotated figure 1); the fore grip handle (14) is generally parallel to the drive axis (as mounted at top for instance, see figure 5).
Fushiya does not teach “... a thumbrest disposed on an upper side of the housing proximate the fore grip handle ... and the thumbrest is generally perpendicular to the tool axis ....”
Alexander is related hand-held tool and handle thereof (abstract), as the claimed invention, and teaches a grip handle (Fig. 1, 10 for instance) adaptable to various hand-held tools (see col 2, ll 29-30); and a thumbrest (between 32 and 20 for instance) disposed on an upper side of a housing proximate the grip handle (10 as disposed on housing 14 for instance).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide, in the system of Fushiya, a thumbrest disposed (of a grip as taught by Alexander as applicable to Fushiya) on an upper side of the housing proximate the fore grip handle (on the upper side of the housing of Fushiya for instance), and the thumbrest (as taught by Alexander) is generally perpendicular to the tool axis (the grip as applied Fushiya), so as to use an art known technique (of a grip handle for use with hand-held tools as taught by Alexander) into the system of Fushiya and predictably provide a fore grip (in replacement of that of Fushiya) for gripping and operation of the tool.
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In Reference to Claim 2
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 1, wherein the tool axis and the drive axis are generally perpendicular (see annotated figure 1).
In Reference to Claim 3
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 1, wherein the rear handle and the fore grip handle are integrated with the housing (the rear handle as part of the housing of Fushiya and the fore grip handle as attached as taught by Alexander).
In Reference to Claim 4
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 3, wherein the fore grip handle includes a fore grip recess (portion 24 as taught by Alexander for instance) operable to ergonomically position an operator's upper extremity (as capable of, see col 2, ll 57-60).
In Reference to Claim 5
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 4, wherein a position of the fore grip handle relative to the thumbrest provides an ergonomic resting location for an operator's hand (as taught by Alexander, see col 2, ll 57-60).
In Reference to Claim 6
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 1, further comprising an accessory axis (Fushiya, axis of 14 as attached to side, see figures 1 and 2) and a removable handle (Fushiya, 14 for instance), wherein: the accessory axis is generally perpendicular to both the tool axis and the drive axis (Fushiya, as seen of 14 in figure 2 for instance); and the removable handle is generally parallel to the accessory axis (Fushiya Fig. 2, axis of 14 extending from bottom to top for instance).
In Reference to Claim 7
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 6, wherein the thumbrest (as taught by Alexander for instance) is generally parallel to the accessory axis (to the axis of 14 as seen in figure 2 of Fushiya) and is operable to provide a mounting location seat for the removable handle (Fushiya, the mounting of 14 into 15 for instance).
In Reference to Claim 8
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 6, wherein a position of the removable handle (Fushiya, 14 for instance) relative to the housing (Fushiya, 3 for instance) is adjustable about the accessory axis (Fushiya, 14 as ratable for instance).
In Reference to Claim 9
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 6, wherein: the removable handle (Fushiya, 14 for instance) includes at least one fastener receiver (Fushiya, 15 for instance); the housing includes at least one threaded bore, and the removable handle is operable to be removably fastened to the housing by engaging a threaded fastener with the at least one fastener receiver and the at least one threaded bore (Fushiya, 14 capable of threaded into and out of 15 for instance).
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5,201,146 to Fushiya (Fushiya) in view of US Patent 5,709,596 to Alexander et al. (Alexander) as applied to claim 9 above, and further in view of US Patent 5,172,522 to Jares (Jares) and in view of US Patent 3,716,917 to Ruben (Ruben).
In Reference to Claim 10
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 9, except, “... further comprising a tool operable to engage the threaded fastener ....”
Jares is related to a hand-held power tool (abstract), as the claimed invention, and teaches a threaded fastener (Fig. 3, 25 or 27 for instance and for attaching a removable handle 23).
Ruben is related to a hand-held power tool (col 1, l 11-12), as the claimed invention, and teaches a tool (wrench 65 for instance) operable to engage a threaded fastener (such as hex head screws for instance, see col 5, ll 74 thru col 5, ll 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide, in the system of Fushiya, a tool operable to engage the threaded fastener (a tool, as taught by Ruben, to be used with a removable handle as taught by Jares), so as to use and art known technique (of using fasteners and tools for removable handles as taught by Ruben and Jares) into the Fushiya and predictably provide a means to attached and detach the removal handle.
In Reference to Claim 11
Fushiya, as modified by Alexander, Jares and Ruben, discloses the hand-held power tool of claim 10, wherein the housing further comprises a tool storage portion operable to stow the tool on the housing (tool storage 114 as further taught by Ruben, col 8, ll 52-54).
Claim(s) 12 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5,201,146 to Fushiya (Fushiya) in view of US Patent 5,709,596 to Alexander et al. (Alexander) as applied to claim 1 above, and further in view of US Patent Application Publication 2003/0228833 to Boyer (Boyer).
In Reference to Claim 12
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 1, except, “... wherein the hand-held power tool is a hand-held orbital polishing power tool ....”
Boyer is related to a hand-held power tool (abstract), as the claimed invention, and teaches wherein the hand-held power tool is a hand-held orbital polishing power tool (¶ [0002]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide, in the system of Fushiya, wherein the hand-held power tool is a hand-held orbital polishing power tool (as taught by Boyer), so as to use an art known technique (of a power tool being a polishing tool as taught by Boyer) to be the power tool of Fushiya and predictably provide a tool for task requiring power tooling.
In Reference to Claim 24
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 13, except, “... wherein the hand-held power tool is a hand-held orbital polishing power tool ....”
Boyer is related to a hand-held power tool (abstract), as the claimed invention, and teaches wherein the hand-held power tool is a hand-held orbital polishing power tool (¶ [0002]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide, in the system of Fushiya, wherein the hand-held power tool is a hand-held orbital polishing power tool (as taught by Boyer), so as to use an art known technique (of a power tool being a polishing tool as taught by Boyer) to be the power tool of Fushiya and predictably provide a tool for task requiring power tooling.
Claim(s) 15-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5,201,146 to Fushiya (Fushiya) in view of US Patent 5,709,596 to Alexander et al. (Alexander).
In Reference to Claim 15
Fushiya discloses the hand-held power tool of claim 13, except, “... wherein the housing further comprises an elongated recess disposed in an upper side of the housing, wherein the elongated recess is generally parallel to the accessory axis and is operable to provide a mounting location seat for the removable handle ....”
Alexander is related hand-held tool and handle thereof (abstract), as the claimed invention, and teaches a handle portion (Fig. 1, 10 for instance) adaptable to various hand-held tools (see col 2, ll 29-30); wherein a housing (14 for instance) comprises an elongated recess (between 20 and 32 for instance, and with 10 as part of system) disposed in an upper side of the housing (14), wherein the elongated recess is operable to provide a mounting location seat for a removable handle (26 for instance).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide, in the system of Fushiya, wherein the housing (of Fushiya) further comprises an elongated recess (as taught by Alexander the system of 10 as incorporated into Fushiya) disposed in an upper side of the housing (of Fushiya), wherein the elongated recess (as taught by Alexander) is generally parallel to the accessory axis (of Fushiya and with the incorporation of 10 of Alexander) and is operable to provide a mounting location seat for the removable handle (atop the system of Fushiya for instance), so as to use an art known technique (of a grip handle for use with hand-held tools as taught by Alexander) into the system of Fushiya and predictably provide a removable handle (in replacement of that of Fushiya) for gripping and operation of the tool.
In Reference to Claim 16
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 13, further comprising a drive axis (Fushiya, see annotated figure) and wherein the housing further comprises a fore grip handle (24 as taught by Alexander), wherein: the drive axis is generally perpendicular to both the tool axis and the accessory axis (see annotated figure of Fushiya and axis of 14 as seen in figure 2); and the fore grip handle is generally parallel to the drive axis (10 of Alexander of incorporated into Fushiya).
In Reference to Claim 17
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 16, wherein the rear handle (5 of Fushiya) and the fore grip handle are integrated with the housing (see also col 2, ll 52-54 of Alexander).
In Reference to Claim 18
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 17, wherein the fore grip handle includes a fore grip recess (Alexander, 24 for instance) operable to ergonomically position an operator's upper extremity (Alexander col 2, ll 57-60).
In Reference to Claim 19
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 16, wherein the elongated recess is positioned proximate the fore grip handle such that the elongated recess is operable to provide an ergonomic thumbrest when the removable handle is removed (26 as taught by Alexander for instance).
In Reference to Claim 20
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 13, wherein a position of the removable handle relative to the housing is adjustable about the accessory axis (26 as taught by Alexander for instance).
In Reference to Claim 21
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 13, wherein: the removable handle includes at least one fastener receiver (in 20 as taught by Alexander figure 3); the housing includes at least one threaded bore, and the removable handle is operable to be removably fastened to the housing by engaging a threaded fastener with the at least one fastener receiver and the at least one threaded bore (removable portion 26 as taught by Alexander for instance).
In Reference to Claim 22
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 21, further comprising a tool operable to engage the threaded fastener (Alexander, a flat head screw driver, predictably, to engage 42).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 5,201,146 to Fushiya (Fushiya) in view of US Patent 5,709,596 to Alexander et al. (Alexander) as applied to claim 22 above, and further in view of US Patent 3,716,917 to Ruben (Ruben).
In Reference to Claim 23
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 22, except, “... wherein the housing further comprises a tool storage portion operable to stow the tool on the housing ....”
Ruben is related to a hand-held power tool (col 1, l 11-12), as the claimed invention, and teaches a tool (wrench 65 for instance) operable to engage a threaded fastener (such as hex head screws for instance, see col 5, ll 74 thru col 5, ll 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide in the system of Fushiya wherein the housing further comprises a tool storage portion operable to stow the tool on the housing (as taught by Ruben), so as to use and art known technique (of tools stored on the device as taught by Ruben) into the Fushiya and predictably provide a means to store the tools.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, as cited in the Notice of References Cited, are cited to show hand held tools with handle portions.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WAYNE A LAMBERT whose telephone number is (571)270-3516. The examiner can normally be reached Monday - Thursday 9 am - 7 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathaniel E Wiehe can be reached at (571)272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WAYNE A LAMBERT/Examiner, Art Unit 3745
/NATHANIEL E WIEHE/Supervisory Patent Examiner, Art Unit 3745