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 .
Response to Amendment
The amendment filed 02/06/2026 has been entered. Claims 1-22 are pending in the application.
Claim Rejections - 35 USC § 102/103
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 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)(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.
(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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 6-8, 10-11, 16-17, and 19-20, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MARCON (EP 2586569 B1) or, in the alternative, under 35 U.S.C. 103 as obvious over MARCON (EP 2586569 B1) in view of Moss et al. (US 20160023289 A1) and further in view of VIENNOIS (EP 2995386 A1).
Regarding claims 1, 11, and 20, MARCON discloses power tool accessory system for use with a power tool (E) having a housing (fig. 1), an end effector (T) coupled to the housing and is rotatable relative to the tool housing, and a handle (P) extending transverse from the housing to a base (BA/BB), and a cross bar (either of two threaded rods with nuts 611/wing nuts and/or frame 61) non-removably coupled to and extending laterally across the base (both the frame 61 and threaded rods 611 “extend laterally across the base” and are “non-removably attached” absent any particular attaching structural limitation); the power tool accessory system comprising:
a power tool accessory (M) including an accessory housing (1), an input shaft (2) at least partially received in the accessory housing and configured to be coupled to and rotatably driven by the end effector of the power tool, and a working tool (jaws 3, 4) coupled to the accessory housing and configured to be driven to perform an operation upon rotation of the input shaft;
a brace (6) configured to removably couple the accessory housing to the power tool and to inhibit movement of the accessory housing relative to the power tool while the input shaft rotates relative to the accessory housing (brace 6 will “inhibit” movement of the accessory housing relative to the power tool absent any particular structural limitation and since brace 6 has two arms 62/63 holding the accessory, the accessory is inhibited to rotate), the brace including an arm assembly (62/63) having a first end portion configured to be coupled/pivotably couplable to the accessory housing (1) and a second end portion opposite the first end portion, configured to be removably coupled to a cross bar (two threaded rods with nuts 611/wing nuts); such that the arm assembly (62/63) is at an angle to the input shaft (2) when the arm is coupled to the accessory housing and to the cross bar (fig. 1), the arm assembly (62/63) being telescopically adjustable to adjust a length of the arm assembly (wing nuts 611 will allow some telescopic adjustment with screws slots in base [0012] and/or angling the clamp on the base), wherein the brace is configured to rigidly couple the accessory housing to the power tool to inhibit movement of the accessory housing relative to the power tool while the input shaft is being rotated by the end effector;
a clamp assembly (6, fig. 1) configured to be coupled to the base of the handle of the power tool, the clamp assembly including at least one leg (61) extending along a lateral side of the base, a cross bar (either of two threaded rods with nuts 611/wing nuts) extending from the at least one leg laterally across the base and configured to be coupled/non-removably coupled to the second end portion of the arm assembly, and a fastener configured to be received in an opening in the base to couple the leg to the base (screws in frame couple leg to the base and are “configured to be received in an opening in the base” and/or the threaded rods couple to the base and configured to be received in an opening in the base); and
a plurality of adapters (extra screws passing through the legs/base “screws passing through the parts of the frame and bearing against the unit BA or the rechargeable battery BB” or alternatively the other leg 61 and other cross bar threaded rod 611 on other side and/or any combination of the screws, leg and bar are “adapters” [0011-0012]), each adapter configured to be coupled to the clamp assembly (6) and to the base (BA/BB) of the handle of a different model of power tool to inhibit movement of the clamp assembly relative to the power tool (the leg 61, threaded rod 611, and/or screws individually or collectively will “inhibit movement of the clamp assembly” [0010-0012], claims 1 and 5, figs. 1-4).
In the alternative, if it can be argued that MARCON fails to disclose the brace is configured to rigidly couple the accessory housing to inhibit movement of the accessory housing relative to the power tool while the input shaft rotates relative to the accessory housing, an opening in the base to couple the leg to the base, and the arm assembly being telescopically adjustable to adjust a length of the arm assembly-
Moss et al. teaches having a power tool (10) with a brace (230) configured to rigidly couple an accessory housing (200/202) to the power tool (10) to inhibit movement of the accessory housing relative to the power tool (10) while an input shaft (204) rotates relative to the accessory housing (collar 232 with threaded stem 250 to have indexed rotation which “enables the accessory housing 202 locked in a plurality of different rotational positions relative to the power tool 10” and also teaches adding flexible strap 280 to aid in securing the brace with the accessory to additionally inhibit rotation) and an arm assembly (234) being telescopically adjustable to adjust a length of the arm assembly ([0050-0055], figs. 14-15). Moss et al. also further teaches an opening in the base (threaded aperture at the base 18), to couple a leg (540) of brace (530) to the base (18) with a fastener (threaded stem 574) configured to be received in the opening (threaded aperture) in the base [0074], fig. 21) and the brace (530) is configured to rigidly couple an accessory housing (500/502) to the power tool (10) to inhibit movement of the accessory housing relative to the power tool (10) while an input shaft (504) rotates relative to the accessory housing (collar 532 with threaded stem 550 provides indexed rotation which “enables the accessory housing 502 locked in a plurality of different rotational positions relative to the power tool 10” [0073]) and an arm assembly (534) being telescopically adjustable (“positioning pin that slides in a longitudinal slot in the first arm portion 536”) to adjust a length of the arm assembly ([0070-0076], figs. 21-22).
VIENNOIS also teaches a drill (O) having a glue/adhesive/caulk accessory device (1) attached with a brace configured to removably and interchangeably couple the accessory (1) with a brace (fork arm assembly 4) having an arm assembly (4’/4”/5, fig. 8) being telescopically adjustable to adjust a length of the arm assembly ([0008-0021], figs. 1-8).
Given the teachings of MARCON to have a power tool accessories with a brace configured to removably and interchangeably couple the accessory with an input shaft at least partially received in the accessory housing and configured to be coupled to and rotatably driven by the end effector, it 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 to modify the brace to be configured to rigidly couple the accessory housing to inhibit movement of the accessory housing relative to the power tool while the input shaft rotates relative to the accessory housing, an opening in the base to couple the leg to the base, and the arm assembly being telescopically adjustable to adjust a length of the arm assembly to have interchangeably/telescopic adjustability for a plurality of power tool accessories for having different tools for different work requirement purposes, add screw connections provide better support/stronger connections, and adaptability as taught by Moss et al. and VIENNOIS.
Regarding claims 6-8 and 16-17, MARCON discloses having the clamping assembly (6) include a first leg (61) configured to face toward a first lateral side of the base, a second leg (61) configured to face toward an opposite second lateral side of the base (BA/BB), and a threaded member (611) configured to couple the first leg to the second leg such that rotation of the threaded member is configured to draw the legs toward one another to clamp the clamp assembly to the base (BA/BB), wherein each of the first leg and the second leg is configured to extend along the base from a forward point axially forward of the handle on a same side of the handle as the end effector to a rearward point axially rearward of the handle on an opposite side of the handle from the end effector ([0010-0012], claims 1 and 5, figs. 1-4).
Regarding claims 10 and 19, MARCON discloses the arm assembly is configured to be removable from the clamp assembly, without the use of a secondary tool, while the clamp assembly remains fixedly coupled to the tool housing (arm capable of being “removable from the clamp assembly, without the use of a secondary tool” – note wing nuts for 611 provide removing arms from the frame and power tool, [0010-0012], claims 1 and 5, figs. 1-4). Moreover, VIENNOIS teaches using wing nuts to adjust the fork assembly and is also capable of removing arm members 5, ([0008-0021], figs. 1-8).
Claim(s) 1, 6-8, 10-11, 16-17, and 19-22, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moss et al. (US 20160023289 A1) or, in the alternative, under 35 U.S.C. 103 as obvious over Moss et al. (US 20160023289 A1) in view of MARCON (EP 2586569 B1) and further in view of VIENNOIS (EP 2995386 A1).
Regarding claims 1, 11, and 20-22, Moss et al. discloses a power tool accessory system for use with a power tool (10) having a tool housing (12, fig. 1), an end effector (22) that is rotatable relative to the tool housing, and a handle (14) extending transverse from the tool housing (12) to a base (18, figs. 1-7, 21, and 23), and a cross bar (bar shown in fig. 21 – see examiner annotation) non-removably coupled to and extending laterally across the base (“non-removably attached” absent any particular attaching structural limitation); the power tool accessory system comprising:
a power tool accessory (500/600) including an accessory housing (502/602), an input shaft (504/604) at least partially received in the accessory housing and configured to be coupled to and rotatably driven by the end effector of the power tool, and a working tool (506/606) coupled to the accessory housing and configured to be driven to perform an operation upon rotation of the input shaft ([0070-0084], figs. 21-26);
a brace (530/630) configured to removably couple the accessory housing to the power tool and to inhibit movement of the accessory housing relative to the power tool (via collar 532/632) while the input shaft rotates relative to the accessory housing (collar 532 with threaded stem 550 provides indexed rotation which “enables the accessory housing 502 locked in a plurality of different rotational positions relative to the power tool 10”, pivot projections 656a, 656b with compression springs lock in place), the brace including an arm assembly (534/634) having a first end portion configured to be coupled/pivotably couplable to the accessory housing (502/602) and a second end portion opposite the first end portion, configured to be removably coupled to a cross bar (570/656); such that the arm assembly (534/634) is at an angle to the input shaft (504/604) when the arm is coupled to the accessory housing and to the cross bar (figs. 21-26),
the arm assembly (534/634) being telescopically adjustable to adjust a length of the arm assembly (“positioning pin that slides in a longitudinal slot in the first arm portion 536” [0073], 636/638 telescoping [0081]), wherein the brace is configured to rigidly couple the accessory housing to the power tool to inhibit movement of the accessory housing relative to the power tool while the input shaft is being rotated by the end effector (collar 532 with threaded stem 550 provides indexed rotation which “enables the accessory housing 502 locked in a plurality of different rotational positions relative to the power tool 10”);
a clamp assembly (540/640) configured to be coupled to the base of the handle of the power tool, the clamp assembly including at least one leg (570/638) extending along a lateral side of the base, a cross bar (threaded rod 656) extending from the at least one leg (638) laterally across the base and configured to be coupled/non-removably coupled to the second end portion of the arm assembly (656 is “non-removably attached” absent any particular attaching structural limitation), and a fastener (574) configured to be received in an opening in the base to couple the leg to the base ([0074-0076]); and
a plurality of adapters (570 and legs 636/638) comprising a plate (570 and flat legs 636/638 are plates figs. 21-26), each adapter configured to be coupled to the clamp assembly (540/640) and to the base (18, figs. 1-7, 21, and 23) of the handle of a different model of power tool to inhibit movement of the clamp assembly relative to the power tool (collars 532/632 lock the accessory in a plurality of different rotational positions relative to the power tool 10 [0070-0084], figs. 21-26).
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In the alternative, if it can be argued that Moss et al. fails to disclose the braces (530/630) combined in a single embodiment or the two leg(s) of 630 with a cross bar cannot be added to added to the single leg brace of 530 -
Moss et al. also teaches the power tool (10) with other braces 130, 230, 330, and 430 (figs. 1-13) and teaches brace (240) is configured to rigidly couple an accessory housing (200/202) to the power tool (10) to inhibit movement of the accessory housing relative to the power tool (10) while an input shaft (204) rotates relative to the accessory housing (collar 232 with threaded stem 250 to have indexed rotation which “enables the accessory housing 202 locked in a plurality of different rotational positions relative to the power tool 10” and also teaches adding flexible strap 280 to aid in securing the brace with the accessory to additionally inhibit rotation) and an arm assembly (234) being telescopically adjustable to adjust a length of the arm assembly ([0050-0055], figs. 14-15).
MARCON teaches power tool accessory system for use with a power tool (E) having a housing (fig. 1), an end effector (T) coupled to the housing and is rotatable relative to the tool housing, and a handle (P) extending transverse from the housing to a base (BA/BB), and a similar brace (6) and the power tool having a cross bar (either of two threaded rods with nuts 611/wing nuts and/or frame 61) non-removably coupled to and extending laterally across the base (both the frame 61 and threaded rods 611).
VIENNOIS also teaches a drill (O) having a glue/adhesive/caulk accessory device (1) attached with a brace configured to removably and interchangeably couple the accessory (1) with a brace (fork arm assembly 4) having an arm assembly (4’) with a cross bar (4”, fig. 8) the fork (4) being telescopically adjustable to adjust a length of the arm assembly ([0008-0021], figs. 1-8).
Given the teachings of Moss et al. to have a power tool accessories with a different braces configured to removably and interchangeably couple the accessory with an input shaft at least partially received in the accessory housing and configured to be coupled to and rotatably driven by the end effector with some braces having a cross bar and the power tool having a cross bar, it 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 to modify the brace to be configured with two leg(s) along with a cross bar to have interchangeably/telescopic adjustability for a plurality of power tool accessories for having different tools for different work requirement purposes, add screw connections provide better support/stronger connections, and adaptability as taught by MARCON and VIENNOIS.
Regarding claims 6-8 and 16-17, Moss et al. discloses having the clamping assembly (640) include a first leg (638a) configured to face toward a first lateral side of the base, a second leg (638b) configured to face toward an opposite second lateral side of the base (figs. 23-26), and a threaded member (656) configured to couple the first leg to the second leg such that rotation of the threaded member is configured to draw the legs toward one another to clamp the clamp assembly to the base (18), wherein each of the first leg and the second leg is configured to extend along the base from a forward point axially forward of the handle on a same side of the handle as the end effector to a rearward point axially rearward of the handle on an opposite side of the handle from the end effector [0077-0084], figs. 23-26).
Regarding claims 10 and 19, Moss et al. discloses the arm assembly is configured to be removable from the clamp assembly, without the use of a secondary tool, while the clamp assembly remains fixedly coupled to the tool housing (arm capable of being “removable from the clamp assembly, without the use of a secondary tool” – note fig. 26 where the clamp 640 with arm portions 636a,636b capable of being removed from arm portions 638a, 638b). MARCON also teaches using wing nuts for 611 provide removing arms from the frame and power tool, [0010-0012], claims 1 and 5, figs. 1-4). Moreover, VIENNOIS teaches using wing nuts to adjust the fork assembly and is also capable of removing arm members 5, ([0008-0021], figs. 1-8).
Allowable Subject Matter
Claim 2-5, 9, 12-15, and 18 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Reasons for Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: the prior art of record fails to teach or render obvious a power tool accessory system having a brace for use with a power tool comprising all the structural and functional limitations and further comprising, amongst other limitations/features, a clamp assembly configured to be coupled to the base of the handle of the power tool, the clamp assembly including at least one leg extending along a lateral side of the base, a cross bar extending from the at least one leg laterally across the base and configured to be coupled/non-removably coupled to the second end portion of the arm assembly, a fastener configured to be received in an opening in the base to couple the leg to the base, a plurality of adapters each adapter configured to be coupled to the clamp assembly and to the base of the handle of a different model of power tool to inhibit movement of the clamp assembly relative to the power tool wherein the clamp assembly includes a rod coupled to the cross bar and a coupler block coupled to the rod, the coupler block including an aperture that receives the fastener. Though the prior art of record teaches a similar brace having a clamping member, the clamp assembly does not include a rod coupled to the cross bar and a coupler block coupled to the rod, the coupler block including an aperture that receives the fastener one of ordinary skill would recognize that a rod coupled to the cross bar and a coupler block coupled to the rod, the coupler block including an aperture that receives the fastener would require modifying both the power tool, accessory and the brace/clamp assembly and having the cross bar with coupling block provides the unexpected result of an easy connection with strong coupling. Having the efficiency and speed of the clamp assembly including a rod coupled to the cross bar and a coupler block coupled to the rod, the coupler block including an aperture that receives the fastener provides an effective quick coupling and release of a power tool accessory.
While various features of the claimed subject matter are found individually in the prior art, a skilled artisan would have to include knowledge gleaned only from the applicant's disclosure to combine or modify the teachings of the prior art to produce the claimed subject matter, and thus obviousness would not be proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). There is no teaching, suggestion, or motivation found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art to combine or modify the teachings of the prior art to produce the claimed invention, and thus obviousness would not be proper. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-22 have been considered but are moot because the new ground of rejection does not rely on any/all reference combinations and the new art rejection of record applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The specification and drawing objections have been withdrawn due to corrective action by applicant and the 35 USC 112 rejections have also been withdrawn due to corrective action by applicant.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20220111500 A1- telescopic brace/arms, DE 29820433 U1- telescopic brace/arms, US 20160271781 A1- telescopic brace/arms, and see references cited, form 892.
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 ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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, SHELLEY SELF can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT F LONG/ Primary Examiner, Art Unit 3731