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 § 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 (i.e., changing from AIA to pre-AIA ) 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by
Nordlin (US Pub. No. 2004/0161313).
Regarding claim 1, Nordlin discloses a bit holder configured to be driven by a power tool, the bit holder comprising: a shank (i.e. adaptor 24, particularly shaft 90) configured to be coupled to the power tool, the shank defining a groove (104) (figures 3A/B); a bit holding body (20) defining a longitudinal bore (i.e. shank passageway 64, particularly adaptor portion 68) (figures 2A-2C) that receives a portion of the shank and an aperture (i.e. ball passageway 58) defined in a surface of the bit holding body that is in fluid communication with the longitudinal bore (paragraph 41-43); a bearing (28) received at least partially in the aperture (58) of the bit holding body and at least partially in the groove (104) of the shank; and a sleeve (22) including a step (figure 1), the sleeve disposed over the shank and the bit holding body such that the step is radially aligned with the groove (104) of the shank, the aperture (58) of the bit holding body, and the bearing (28) to inhibit the bearing from moving out of the groove and the aperture (figure 1). i.e. in the locked position of Fig. 5, ball protrusion (120) is radially outward of ball passageway (58) and the protrusion (120) forces ball (28) into groove (104), thereby preventing withdrawal of adaptor (24) and securing it to body and in the retracted position of Fig. 1, the sleeve is retracted and ball recess (138 allows) the ball to move outward. Please note: in the event it is argued that the “shank is not configured to be coupled to the power tool”, the claimed shank = Nordlin’s adaptor 24 and adaptor 24 is coupled to and driven by the electric drill through reference shank 20, rather than being inserted directly into the drill chuck. Because the claim says “coupled,” not “directly coupled” or “received in a chuck,” an indirect coupling reads on the claim.
Claims 1, 2 and 7-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Weaver (USP 1,124,981).
Regarding claim 1, Weaver discloses a bit holder configured to be driven by a power tool, the bit holder comprising: a shank (bush C and drill shank as a unit), configured to be coupled to the power tool, the shank defining a groove (c2); a bit holding body (a) defining a longitudinal bore (figures 1-8) that receives a portion of the shank and an aperture (receiving ball 9) defined in a surface of the bit holding body that is in fluid communication with the longitudinal bore received at least partially in the aperture) of the bit holding body and at least partially in the groove of the shank; and a sleeve (d) including a step (d2) (figure 1), the sleeve disposed over the shank and the bit holding body such that the step is radially aligned with the groove (c2) of the shank, the aperture of the bit holding body, and the bearing (g) to inhibit the bearing from moving out of the groove and the aperture to secure the bit holding body with the shank (figures 1-8).
Regarding claim 2, Weaver discloses wherein the groove (c2) is a first groove, the aperture is a first aperture, the bearing (g) is a first bearing, and the step (d2) is a first step, wherein the shank defines a second groove (the other c2), the bit holding body defines a second aperture, the bit holder includes a second bearing (the other g), and the sleeve includes a second step (the other d2); and wherein the second step is radially aligned with the second groove of the shank, the second aperture of the bit holding body, and the second bearing to inhibit the second bearing from moving out of the second groove and the second aperture (figure 6).
Regarding claim 7, Weaver discloses wherein the sleeve (d) is a first sleeve, the bit holder further including a second sleeve (f) positioned between a tool coupling portion of the shank and the first sleeve (d), and wherein the second sleeve is compressible to allow for axial movement of the first sleeve relative to the shank and the bit holding body (figures 1, 2, 4 and 6).
Regarding claim 8, Weaver discloses wherein axial movement of the first sleeve (d) relative to the shank and the bit holding body moves the step out of radial alignment with the groove of the shank, the aperture of the bit holding body, and the bearing such that the bearing can move out of the groove of the shank (figures 2-6).
Regarding claim 9, Weaver discloses wherein the shank includes a flange that separates the tool coupling portion from the portion of the shank that is received in the bit holding body, and wherein the second sleeve (f) is selectively compressible against the flange as the first sleeve (d) moves axially relative to the bit holding body (figures 1, 2, 4 and 6).
Allowable Subject Matter
Claims 3-6 and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 21-25 are allowed.
Claim 21 includes the allowable subject matter of claim 3 and Claim 25 includes the allowable subject matter of claim 10 (see remarks 8/20/26).
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 SARA ADDISU at (571) 272-6082. The examiner can normally be reached on Monday - Friday 9:00 am - 5:00 pm (Mondays and Wednesday-Friday).
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.
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/SARA ADDISU/Primary Examiner, Art Unit 3722 9/17/26
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