DETAILED ACTION
This Office Action is in response to the RCE filed March 23, 2026 for the above identified patent application.
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
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) 1 and 5-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elger (USP 9,434,038).
Elger teaches a power tool, comprising: a housing; a motor (14) in the housing; a transmission system configured to operate in a first operation speed and a second operation speed, the transmission system including: input shaft (78) driven by the motor, the input shaft having a high speed input gear (94) and a low speed input gear (98) fixedly mounted thereon; and an output shaft oriented in parallel to the input shaft, the output shaft having a high speed output gear (102) and a low speed output gear (106) mounted thereon, the high speed output gear in perpetual meshed engagement with the high speed input gear and the low speed output gear in perpetual meshed engagement with the low speed input gear; a chuck assembly (Fig. 1) driven by the motor through the transmission system; a user operable selector (186) rotatable about a first axis, the user operable selector configured to select between the first operation speed and the second operation speed; an eccentric pin operatively driven by the user operable selector, wherein the eccentric pin (190) is offset from the first axis, wherein the eccentric pin is movable between a first position corresponding to the first operation speed and a second position corresponding to the second operation speed; and a spring system comprising at least a first spring (178), the spring system configured to produce two-way compliance (see Figs. 7 and 9) as the transmission system transitions between the first operation speed and the second operation speed.
Claim 5: Elger illustrates the first spring is a torsion spring.
Claim 6: Elger illustrates a first shift plate and a second shift plate (plate portions of 170 and 174); wherein the first spring is at least substantially between the first shift plate and the second shift plate.
Claim 7: Elger illustrates (Fig. 4) the eccentric pin extends from the second shift plate.
Claim 8: Elger illustrates a first slot (between flat end portions) in the second shift plate (174); wherein a portion of the first spring is in the first slot.
Claim 9: Elger illustrates a second slot (or hole for shaft 182) in the second shift plate.
Claim 10: Elger illustrates the transmission system further includes: a shift interface (110) that extends from an outer surface of the output shaft; and a shift member (158) mounted on the shift interface via an opening that extends through the shift member, mounted on the output shaft, the shift member rotationally fixed relative to the output shaft and axially movable along the shift interface, output shaft, in response to operation of the user operable selector, to engage the high speed output gear or the low speed output gear.
Claim 11: Elger illustrates the high speed output gear and the low speed output gear are each freely rotatable about the output shaft when not engaged by the shift member.
Claims 12-14: Elger teaches a power tool as described above, including a shift member (158) coaxially disposed about a portion of the output shaft, the shift member rotationally fixed relative to the output shaft and axially movable along the output shaft to engage the high speed output gear or the low speed output gear, the input shaft oriented parallel to the output shaft and driven by the motor, the input shaft having a high speed input gear and a low speed input gear mounted in respective fixed positions on the input shaft.
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) 2-4, 15, 16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Elger (USP 9,434,038) as applied to claims 1 and 5-14 above, and further in view of Nemetz et al. (USP 5,992,257).
Elger does not teach a compliance mechanism having two springs. The prior art to Nemetz teaches a power tool a compliance mechanism having two springs. Specifically, Nemetz teaches the power tool having a user operable selector (30) rotatable about a first axis, the user operable selector configured to select between the first operation speed and the second operation speed; an eccentric pin (70) operatively driven by the user operable selector, wherein the eccentric pin is offset from the first axis, wherein the eccentric pin is movable between a first position corresponding to the first operation speed and a second position corresponding to the second operation speed; and a spring system comprising a first spring (72a) and a second spring (72b) disposed about the first axis, the spring system configured to produce two-way compliance as the transmission system transitions between the first operation speed and the second operation speed, wherein a first shift plate (flat portions of member 40 positioned below spring 72, Fig. 2) and a second shift plate (flat portion of member 60 positioned above spring 72, Fig. 2); the first spring (72a) is at least substantially between the first shift plate and the second shift plate; and wherein the eccentric pin extends from the second shift plate.
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed device to replace the compliance arrangement of Elger with the compliance arrangement having a pair of springs disposed about the first axis, as taught by Nemetz et al., motivation being to provide a more compact arrangement by eliminating the need for the rod (182) and sliding components (170,174).
Allowable Subject Matter
Claim 17 is 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.
The following is a statement of reasons for the indication of allowable subject matter: The prior art does not teach a power tool as defined by claim 12, including: a first spring and a second spring disposed around the first axis; and the first spring is at least substantially between the first shift plate and the second shift plate; and further comprising a first slot in the second shift plate, a portion of the first spring in the first slot.
Response to Arguments
Applicant’s arguments with respect to the claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C JOYCE whose telephone number is (571)272-7107. The examiner can normally be reached M-F 8:30-5:00.
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/WILLIAM C JOYCE/Primary Examiner, Art Unit 3618
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