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 final rejection in response to the amendments and arguments filed 04/08/2026. Claims 1-2 and 4-26 are currently pending with claim 3 canceled and claims 1, 13, 15 and 25 amended.
Response to Arguments
Applicant's arguments filed 04/08/2026, with respect to the art rejections, have been fully considered but they are not persuasive. In response to arguments to claim 13, examiner agrees that the prior art Fushiya does not teach all the limitations as amended in claim and contends that the prior art Alexander makes obvious these limitations. The previous rejected claim 15 outlines similar limitations that were shown to be obvious, see rejection below.
In response to arguments to claim 25, examiner contends that the claim, while comprising the tool attachment portion, does not directly link or require the tool attachment portion in the limitations of “the first configuration positions an operator's upper extremity such that the operator's forearm is in a generally neutral position; 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.” Examiner further contends that the prior art Alexander teaches each and every limitation as claimed in claim 25.
In response to arguments to claim 1, examiner contends that while the prior art Fushiya does not teach the thumbrest, the prior art Alexander teaches such a thumbrest and further where such thumbrest may be integral within the system of a tool, see rejection below.
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) 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 tool 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) 1-2, 4-9 and 13-22 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 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 c. 2, l. 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);
wherein the rear handle (5), is integrated with the housing (the rear handle 5 as part of the housing 3 of Fushiya for instance).
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 ....” or “... the fore grip handle, and the thumbrest are integrated with the housing ....”
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 c. 2, l. 29-30); and a thumbrest (between 32 and 20 for instance and as part of 26) disposed on an upper side of a housing proximate the grip handle (10, and as disposed on housing 14 for instance) and also teaches wherein the grip handle (10), and the thumbrest (of 26) are is integrated with a housing (a housing 14 and the handle and thumbrest as attached 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) and wherein the rear handle (of Fushiya), the fore grip handle (of Alexander as modified to the housing of Fushiya), and the thumbrest (of Alexander as modified to the housing of Fushiya) are is integrated (as secured to for instance) with the housing (of Fushiya), so as to use an art known technique (of a grip handle for use with hand-held tools including being attached to a housing of a tool 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 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 c. 2, l. 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 c. 2, l. 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).
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 c. 2, l. 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).
Fushiya does not teach “... an elongated recess disposed in an upper side of the housing ... wherein the elongated recess is operable to receive a portion of the removable handle 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 c. 2, l. 29-30); wherein a housing (14 for instance) comprises an elongated recess (hole in 20 for instance, see also figure 3) disposed in an upper side of the housing (14), and wherein the elongated recess is operable to receive a portion of the removable handle (handle 26 and to receive 42 as part of the handle for instance) to provide a mounting location seat for the removable handle (the handle 26 as attached to housing at 30 for instance see figure 3).
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 as incorporated into Fushiya) disposed in an upper side of the housing (of Fushiya), wherein the elongated recess (as taught by Alexander) is operable to receive a portion of the removable handle (as taught by Alexander) 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 14
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 13, wherein the tool axis (Fushiya, see annotated figure) and the accessory axis (of 14 for instance) are generally perpendicular (Fushiya, see figure 2).
In Reference to Claim 15
Fushiya, as modified by Alexander, discloses the hand-held power tool of claim 13, wherein the elongated recess (as taught by Alexander) is generally parallel to the accessory (axis of 15 of Fushiya for instance with the handle 14 replaced with 26 for Alexander for instance).
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 c. 2, l. 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 c. 2, l. 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) 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 (c. 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 c. 5, l. 74 thru c. 5, l. 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, c. 8, l. 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) 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 (c. 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 c. 5, l. 74 thru c. 5, l. 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
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.
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.
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, 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
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