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 .
Claim Objections
Claim 35 is objected to because of the following informalities:
Claim 35 recites “the first bevel gear is and the motor output shaft are” in line 6, but should be amended to recite -- the first bevel gear and the motor output shaft are --.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 30 and 41 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 30 and 41 each recite “a drive sleeve”. It is unclear whether this is intended to refer to the drive sleeve established in claims 29 and 39, respectively, or a different drive sleeve. This rejection is repeated from the previous Office Action since the amendments did not address this issue.
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 21-22 and 24-41 are rejected under 35 U.S.C. 103 as being unpatentable over Yabuguchi et al. (WO2019049910, with reference to translation) in view of Lian et al. (U.S. PGPub 2019/0247913, cited in IDS) and Chi (U.S. Patent 6,655,473).
Claim 21: Yabuguchi et al. discloses a power tool (1) comprising: a handle (15); a motor (2 - paragraph 38) having a motor output shaft (25) for rotation about a first rotational axis (A2) to generate torque; a transmission having at least one planetary gear arrangement #1 - paragraph 39) rotatable about the first rotational axis to increase the torque generated by the motor output shaft (paragraph 40); a gear arrangement operatively coupled to the transmission and including a first gear (35) and a second gear (411), wherein the first gear is rotatable about the first rotational axis to receive the torque from the at least one planetary gear arrangement along the first longitudinal axis (paragraph 41), and the second bevel gear is rotatable about a second rotational axis (A1) to receive the torque from the first bevel gear (Id.); and a screw-nut force converter (40 - paragraphs 43-44) including: a rotational nut (41) having an internal threaded surface (paragraph 46), the rotational nut being arranged forward of the handle, the rotational nut being surrounded by the second gear for rotation about the second rotational axis (Fig. 3; paragraph 45), a translational screw (46) arranged forward of the handle for axial movement along the second longitudinal axis (A1) in response to rotation by the rotational nut (paragraph 44), a connector (49) operatively connected to the translational screw (paragraph 51) for axial movement along the second longitudinal axis between a home position and a retracted position (paragraphs 39-46), and a plurality of rollers (balls - paragraph 46) arranged forward of the handle between opposing surfaces of the translational screw and the rotational nut to cause the axial movement of the translational screw in response to rotation by the rotational nut (Id.).
Yabuguchi further discloses that the configurations of the motor 2, the transmission mechanism 3, and the drive mechanism 4 may be changed as appropriate (paragraph 114), but does not disclose a configuration wherein the motor is entirely located within the handle, the first rotational axis extends along a first longitudinal axis of the handle, the transmission extending along the first longitudinal axis of the handle, and the second rotational axis extending along a second longitudinal axis of the power tool that is perpendicular to the first longitudinal axis. However, Lian teaches a similar power tool having a configuration wherein the motor (12 - paragraph 15) is entirely located within the handle (Fig. 2), the first rotational axis extends along a first longitudinal axis of the handle (the motor axis is parallel to the handle), the transmission (14 - paragraph 15) extending along the first longitudinal axis of the handle (Fig. 2), and the second rotational axis (parallel to 26) extending along a second longitudinal axis of the power tool that is perpendicular to the first longitudinal axis (Fig. 2). Since both references teach an arrangement or configuration of the motor and transmission of a power tool (e.g. a riveting tool), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the motor and gearing transmission arrangement of Yabuguchi with that of Lian to have achieved the predictable result of driving the power tool via the motor and transmission (MPEP 2143 I. B.). It is further noted that in view of such a modification, portions claimed as being forward of the first longitudinal axis (the nut, translational screw, and rollers) would be so by virtue of being forward of the handle in Yabuguchi.
Yabuguchi uses a gearing arrangement (35, 411) to transmit torque between the transmission and the screw-nut force converter as cited above, but not a bevel gear arrangement having a first bevel gear and a second bevel gear as claimed. However, in view of the perpendicular arrangement as taught by Lian, and noting that Lian is otherwise silent as to how torque is transferred, Chi teaches a portable, motor-driven, pistol-style power tool including a bevel gear arrangement having first bevel gear (142) along a handle axis for driving a second bevel gear (22) perpendicular thereto and connected to the remainder of the tool mechanisms. Since both references teach a means or configuration for transferring torque perpendicularly between a motor and a remainder of the parts of a hand-held power tool via gears, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the gearing arrangement of Yabuguchi with that of Chi to have achieved the predictable result of driving the power tool via the motor (MPEP 2143 I. B.).
Claim 22: Referring to Yabuguchi, the screw-nut force converter is a roller (ball) screw mechanism (paragraphs 43-44, 46) extending along the second axis between the bevel gear arrangement (as modified by Chi) and the connector (see paragraph 56, and evident from Fig. 2).
Claim 24: In the arrangement resulting from the above combination, the first bevel gear, the motor output shaft, and the transmission would be aligned along the first longitudinal axis of the handle.
Claim 25: The first bevel gear would rotate at a lower speed than the motor output shaft by virtue of the planetary transmission between them.
Claim 26: Yabuguchi further discloses a battery attachment portion (158) on the handle (lower end) such that a notional line extending between the battery attachment portion and the motor output shaft (as modified) extends along the first longitudinal axis.
Claim 27: Referring to Yabuguchi, the motor is a brushless DC motor (paragraph 38).
Claim 28: The translational screw further includes a channel extending therethrough along the second axis (the screw 46 is depicted as hollow).
Claim 29: The portion of the gear 411 surrounding and connected to nut 41 could be broadly considered a “drive sleeve”. As modified by Chi, the gear 411 would be the second bevel gear. In this case, “rotationally coupled” is understood from the instant disclosure as meaning fixed relative to rotation (paragraph 20).
Claim 30: A drive sleeve (the portion of the gear 411 surrounding and connected to nut 41, as noted above) is rotationally fixed to the rotational nut to rotatably drive the rotational nut.
Claim 31: As modified by Chi, the second bevel gear would be arranged forward of the first axis (gear 411 is forward of the handle axis).
Claim 32: Yabuguchi further comprises a jaw assembly (63, 630 - paragraph 56) configured for axial movement along the second longitudinal axis between the home position and the retracted position to set a fastener.
Claim 33: Yabuguchi et al. discloses a power tool (1) comprising: a handle (15); a motor (2 - paragraph 38) having a motor output shaft (25) for rotation about a first rotational axis (A2) to generate torque; a transmission having at least one planetary gear arrangement #1 - paragraph 39) rotatable about the first rotational axis to increase the torque generated by the motor output shaft (paragraph 40); a gear arrangement operatively coupled to the at least one planetary gear arrangement and including a first gear (35) and a second gear (411), the first gear being rotatable about the first rotational axis to receive the torque from the at least one planetary gear arrangement along the first longitudinal axis (paragraph 41), and the second bevel gear being rotatable about a second rotational axis (A1) to receive the torque from the first bevel gear (Id.); and a screw-nut force converter (40 - paragraphs 43-44) including: a rotational nut (41) having an internal threaded surface (paragraph 46), the rotational nut being arranged forward of the handle, the rotational nut being surrounded by the second gear for rotation about the second rotational axis (Fig. 3; paragraph 45), a translational screw (46) arranged forward of the handle for axial movement along the second longitudinal axis (A1) in response to rotation by the rotational nut (paragraph 44), a connector (49) operatively connected to the translational screw (paragraph 51) for axial movement along the second longitudinal axis between a home position and a retracted position (paragraphs 39-46), and a plurality of rollers (balls - paragraph 46) arranged forward of the handle between opposing surfaces of the translational screw and the rotational nut to cause the axial movement of the translational screw in response to rotation by the rotational nut (Id.).
Yabuguchi further discloses that the configurations of the motor 2, the transmission mechanism 3, and the drive mechanism 4 may be changed as appropriate (paragraph 114), but does not disclose a configuration wherein the motor is entirely located within the handle, the transmission is located within the handle, the first rotational axis extends along a first longitudinal axis of the handle, the transmission extending along the first longitudinal axis of the handle, and the second rotational axis extending along a second longitudinal axis of the power tool that is perpendicular to the first longitudinal axis. However, Lian teaches a similar power tool having a configuration wherein the motor (12 - paragraph 15) is entirely located within the handle (Fig. 2), the transmission (14 - paragraph 15) is located within the handle, the first rotational axis extends along a first longitudinal axis of the handle (the motor axis is parallel to the handle), the transmission extending along the first longitudinal axis of the handle (Fig. 2), and the second rotational axis (parallel to 26) extending along a second longitudinal axis of the power tool that is perpendicular to the first longitudinal axis (Fig. 2). Since both references teach an arrangement or configuration of the motor and transmission of a power tool (e.g. a riveting tool), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the motor and gearing transmission arrangement of Yabuguchi with that of Lian to have achieved the predictable result of driving the power tool via the motor and transmission (MPEP 2143 I. B.). It is further noted that in view of such a modification, portions claimed as being forward of the first longitudinal axis (the nut, translational screw, and rollers) would be so by virtue of being forward of the handle in Yabuguchi.
Yabuguchi uses a gearing arrangement (35, 411) to transmit torque between the transmission and the screw-nut force converter as cited above, but not a bevel gear arrangement having a first bevel gear and a second bevel gear as claimed. However, in view of the perpendicular arrangement as taught by Lian, and noting that Lian is otherwise silent as to how torque is transferred, Chi teaches a portable, motor-driven, pistol-style power tool including a bevel gear arrangement having first bevel gear (142) along a handle axis for driving a second bevel gear (22) perpendicular thereto and connected to the remainder of the tool mechanisms. Since both references teach a means or configuration for transferring torque perpendicularly between a motor and a remainder of the parts of a hand-held power tool via gears, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the gearing arrangement of Yabuguchi with that of Chi to have achieved the predictable result of driving the power tool via the motor (MPEP 2143 I. B.).
Claim 34: Referring to Yabuguchi, the screw-nut force converter is a roller (ball) screw mechanism (paragraphs 43-44, 46) extending along the second axis between the bevel gear arrangement (as modified by Chi) and the connector (see paragraph 56, and evident from Fig. 2).
Claim 35: In the arrangement resulting from the above combination, the first bevel gear and the motor output shaft would be aligned along the first longitudinal axis of the handle.
Claim 36: The first bevel gear would rotate at a lower speed than the motor output shaft by virtue of the planetary transmission between them.
Claim 37: Yabuguchi further discloses a battery attachment portion (158) on the handle (lower end) such that a notional line extending between the battery attachment portion and the motor output shaft (as modified by Chi) extends along the first longitudinal axis.
Claim 38: Referring to Yabuguchi, the motor is a brushless DC motor (paragraph 38).
Claim 39: The translational screw further includes a channel extending therethrough along the second axis (the screw 46 is depicted as hollow).
Claim 40: The portion of the gear 411 surrounding and connected to nut 41 could be broadly considered a “drive sleeve”. As modified by Chi, the gear 411 would be the second bevel gear. In this case, “rotationally coupled” is understood from the instant disclosure as meaning fixed relative to rotation (paragraph 20).
Claim 41: A drive sleeve (the portion of the gear 411 surrounding and connected to nut 41, as noted above) is rotationally fixed to the rotational nut to rotatably drive the rotational nut.
Response to Arguments
Applicant's arguments filed 3/4/2026 have been fully considered. Applicant’s arguments essentially rely on amendments to overcome the prior art of record, specifically to include the planetary transmission in the handle. The amendments have been addressed by the new grounds of rejection incorporating Lian above. The rejection otherwise relies on the same rationale that the claimed arrangement of a motor (and now also a planetary transmission) in the handle perpendicular to the second axis and bevel gears to transfer torque is generally a known arrangement in the art of power tools, that that modifying Yabuguchi to this arrangement constitutes a simple substitution with a predictable result. This is similar to the rejection affirmed on appeal in copending application 17/932,324 to the same assignee.
Applicant continues to assert that such a modification would “[render] the Yabaguchi design unsatisfactory for its intended purpose” without providing a convincing reasoning of how or why this would be the case. The intended purpose of Yabuguchi is to install a rivet. The tool does so via power from a motor which ultimately provides torque to the screw-nut force converter via a series of planetary transmission and gears. Rearranging the motor and transmission into the handle and consequently using bevel gears instead of straight gears, as is otherwise known in similar tools, would not necessarily adversely affect Yabuguchi’s ability to install a rivet.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW P TRAVERS whose telephone number is (571)272-3218. The examiner can normally be reached 10:00AM-6:30PM.
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/Matthew P Travers/ Primary Examiner, Art Unit 3726