DETAILED ACTIONS
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 .
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.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable
over Chen et al. (Chinese Publication No.: CN 117921601) in view of Duncan et al. (US Patent No.: 11,554,468 B2)
In reference to claim 1, Chen et al. discloses an impact tool (Chen et al. Paragraph 6), comprising: a housing (10, Chen et al. Paragraph 8); an electric motor (Chen et al. Paragraph 8) accommodated in the housing and comprising a drive shaft (Chen et al. Paragraph 8) rotating about an electric motor axis (Chen et al. Paragraph 8); an output shaft (Chen et al. Paragraph 9) used for outputting power; a grip (14, Chen et al. Paragraph 38) connected to or formed on the housing; and an impact assembly (40, Chen et al. Paragraph 41) used for providing an impact force for the output shaft and comprising an impact block (42) driven by the electric motor and a hammer anvil (Chen et al. Paragraph 60) mating with the impact block (42, Chen et al. Paragraph 60) and impacted by the impact block. The examiner notes that the hammer (42, Chen et al. Paragraph 60) is interpreted as the impact block as it has the same function of the impact block, being part of the impact assembly and working in conjunction with the hammer anvil and is struck by it.
Chen et al., however, does not disclose that the maximum radial dimension R1 of the impact block is greater than or equal to 44 mm and less than or equal to 50 mm, and that the tightening torque outputted from the impact tool to a workpiece is greater than or equal to 250 N·m. While Chen et al. does not expressly disclose the radial dimension, R1, (see Chen et al. annotated Figure 3) of the impact block, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the radial dimension of Chen et al.’s tool to be greater than or equal to 44 mm and less than or equal to 50 mm since it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (MPEP 2144.04, Section IV, Part A). Further, it appears that applicant places no criticality on the range claimed, indicating simply that the diameter “may” be within the claimed ranges (Specification Paragraph 63).
Duncan et al. discloses an impact tool (10, Duncan et al. Column 10, line 49), comprising: a housing (30, Duncan et al. Column 10, line 52); an electric motor (18, Duncan et al. Column 10, line 50) accommodated in the housing, an output shaft (85, Duncan et al. Column 12, line 15) used for outputting power; and an impact assembly (Duncan et al. Column 13, line 10) used for providing an impact force for the output shaft and comprising an impact block (104, Duncan et al. Column 12, line 47) driven by the electric motor and a hammer anvil (34, Duncan et al. Column 10, line 59) mating with the impact block and impacted by the impact block. The examiner notes that the hammer (104, Duncan et al. Column 12, line 47) is interpreted as the impact block as it has the same function of the impact block, being part of the impact assembly and with the hammer anvil. Duncan et al. continues to disclose the properties of the impact tool such as the tightening torque that is outputted (Duncan et al. Column 15, lines 61-63) from the impact tool to a workpiece is greater than or equal to 250 N·m (Duncan et al. Column 1, lines 30-32).It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. with the torque that is outputted from the impact tool to a workpiece be greater than or equal to 250 N·m as taught by Duncan et al. to create an impact tool that can loosen or tighten bolts with ease.
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In reference to claim 2, Chen et al. discloses the impact tool as described in claim 1 and the length, L1, from a rear end of the housing to a front end of the output shaft (see annotated Chen et al. Figure 3). Chen et al., however, does not disclose that L1 is less than or equal to 110 mm.
Duncan et al. discloses the impact tool as described in claim 1 and the length, L1, from a rear end of the housing to a front end of the output shaft (Duncan et al. Column 11, lines 19-20 and see annotated Duncan et al. Figure 3). Duncan et al. continues to disclose that in some embodiments, that L1 is 203 mm (Duncan et al. Column 11, line 22).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the length of the device of Chen et al. as modified by Duncan et al. to be less than or equal to 110 mm to make the tool compact and easy to operate since it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.(MPEP 2144.04, Section IV, Part A).
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In reference to claim 3, Chen et al., as modified, discloses the impact tool as described in claims 1 and 2, further comprising a transmission assembly (50, Chen et al. Paragraph 42) used for transmitting power outputted from the drive shaft to the impact assembly and disposed between the electric motor and the impact assembly (Chen et al. Paragraph 3).
Duncan et al. discloses the impact tool as described in claims 1 and 2 as well as planet gears (88, Duncan et al. Column 12, lines 20-33) which are part of its impact mechanism to transmit power outputted from the motor output shaft to the impact mechanism.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a transmission assembly in an impact tool, since it was known in the art that utilizing a set of planetary gears can convert the motor’s high speed into high rotational torque.
In reference to claim 4, Chen et al., as modified, discloses the impact tool as described in claim 1 but does not disclose of the impact block’s maximum impact frequency.
Duncan et al., discloses the impact tool as described in claim 1 and discloses a table to compare the different types of impact tools and their maximum impact frequency (see annotated Duncan et al., Table 1). Duncan et al. discloses Table 1 which teaches that the maximum impact frequency of an impact driver with a 5 Ah battery pack is 2,858 impacts per minute which is greater than 2500 bpm and less than 3900 bpm.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. with the teachings of Duncan et al. to have a maximum impact frequency between 2500 bpm and 3900 bpm since it has been held that in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists (MPEP 2144.05 Section I). Further, applicant appears to have placed no criticality on the claimed range, simply indicating the maximum impact frequency “may” be within the claimed range (Specification Paragraph 70).
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In reference to claim 5, Chen et al., as modified, discloses the impact tool as described in claim 1 but does not disclose of the impact block’s mass. Duncan et al., discloses the impact tool as described in claim 1 and discloses a table to compare the different types of impact tools and their impact block’s mass (see annotated Duncan et al. Table 2). As noted in the analysis of claim 1, the impact hammer of Chen et al. and Duncan et al. is examined as the impact block. Table 2 shows that the mass of the impact block is greater than 110g for the impact tools listed.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. with the teachings of Duncan et al. to have the mass of the impact block be greater than 110g since it has been held that in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists (MPEP 2144.05 Section I).
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In reference to claim 6, Chen et al., as modified, discloses the impact tool as described in claim 1 but does not disclose of the impact block’s mass. Duncan et al., discloses the impact tool as described in claim 1 and discloses a table to compare the different types of impact tools and their impact block’s mass (see annotated Duncan et al. Table 2). As noted in the analysis of claim 1, the impact hammer of Chen et al. and Duncan et al. is examined as the impact block. Table 2 shows that the mass of the impact block is greater than 150g for the impact tools listed.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. with the teachings of Duncan et al. to have the mass of the impact block be greater than 150g since it has been held that in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists (MPEP 2144.05 Section I).
In reference to claim 7, Chen et al., as modified, discloses the impact tool as described in claim 1 but does not disclose about the impact block’s moment of inertia. Duncan et al. discloses the impact tool as described in claim 1 and that the impact block’s moment of inertia affects the impact tool’s performance ratio (Duncan et al, Column 3, lines 20-26) and discloses a table to compare the different types of impact tools and their impact block’s moment of inertia (see annotated Duncan et al. Table 2). The examiner notes that the hammer (104, Duncan et al. Column 12, line 47) is interpreted as the impact block as it has the same function of the impact block, being part of the impact assembly and with the hammer anvil.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. with the teachings of Duncan et al. to have the ratio of a moment of inertia of the impact block to the tightening torque outputted from the impact tool is greater than or equal to 1.5×10-4 kg·mm/N and less than or equal to 1.9×10-4 kg·mm/N since it has been held that in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists (MPEP 2144.05 Section I).
In reference to claim 8, Chen et al., as modified, discloses the impact tool as described in claim 1, wherein the electric motor (Chen et al. Paragraph 8) comprises a stator assembly (Chen et al. Paragraph 59) and a rotor assembly (Chen et al. Paragraph 59) rotates about the electric motor axis (101, Chen et al. Paragraph 59), and the drive shaft (Chen et al. Paragraph 8) is formed in or connected to the rotor assembly.
Duncan et al. discloses the impact tool as described in claim 1 wherein the electric motor (18, Duncan et al. Column 12, line 4) comprises a stator assembly (76, Duncan et al. Column 12, line 5) and a rotor assembly (80, Duncan et al. Column 12, line 6) rotates about the electric motor axis (84, Duncan et al. Column 12, line 14).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate a stator and rotor assembly in an impact tool since it was known in the art that the stator generates a rotating magnetic field when current flows through its coils and this magnetic field interacts with the rotor, which rotates in response, producing the force and torque needed to drive the motor's shaft.
In reference to claim 9, Chen et al., as modified, discloses the impact tool as described in claim 1, along with the maximum radial dimension, R1, of the impact block (see annotated Chen et al. Figure 3) and the maximum radial dimension, R2, of the electric motor (see annotated Chen et al. Figure 3). Chen et al., however, does not disclose that the ratio of the maximum radial dimension R1 of the impact block to a maximum radial dimension R2 of the electric motor is greater than or equal to 0.8 and less than or equal to 1.2.
Duncan et al. discloses the impact tool as described in claim 1, along with the maximum radial dimension, R1, of the impact block (see annotated Duncan et al. Figure 3) and the maximum radial dimension, R2, of the electric motor (see annotated Duncan et al. Figure 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. as modified with the teachings of Duncan et al., to have the ratio of the maximum radial dimension R1 of the impact block to a maximum radial dimension R2 of the electric motor is greater than or equal to 0.8 and less than or equal to 1.2 in order to make the tool compact and easy to operate since it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (MPEP 2144.04, Section IV, Part A).
In reference to claim 10, Chen et al., as modified, discloses the impact tool as described in claim 1, wherein the drive shaft (Chen et al. Paragraph 8) is provided, along a direction of the electric motor axis (Chen et al. Paragraph 8) , with a front bearing (Chen et al. Paragraph 59), the stator assembly (Chen et al. Paragraph 59), and the impact assembly comprises a main shaft (Chen et al. Paragraph 32) supporting the impact block (42, Chen et al. Paragraph 60) and driven to rotate by the drive shaft (Chen et al. Paragraph 8). The examiner notes that the first bearing (61) of Chen et al. is examined as the front bearing and that the hammer (42, Chen et al. Paragraph 60) is interpreted as the impact block as it has the same function of the impact block, being part of the impact assembly and working in conjunction with the hammer anvil and is struck by it.
Chen et al., however, does not disclose that the front bearing is disposed in front of the stator assembly but rather it is partially located in the through hole of the stator core.
Duncan et al. discloses the impact tool as described in claim 1, as well as a front bearing (96, Duncan et al. Column 12, line 31), the stator assembly (76, Duncan et al. Column 12, line 5) and the impact assembly (Duncan et al. Column 13, line 10) with the impact block (Duncan et al. Column 13, lines 10-12). The examiner notes that the hammer (104, Duncan et al. Column 12, line 47) is interpreted as the impact block as it has the same function of the impact block, being part of the impact assembly and with the hammer anvil.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. as modified with the teachings of Duncan et al. to produce sufficient torque, and place the front bearing in front of the stator assembly to help provide support and maintain alignment since it has been held that rearranging parts of an invention involves only routine skill in the art (MPEP 2144.04, Section VI, Part C).
In reference to claim 11, Chen et al., as modified, discloses the impact tool as described in claims 1 and 8 along with a front bearing (Chen et al. Paragraph 59), a main shaft (Chen et al. Paragraph 32) and that the main shaft is provided with a main shaft bearing supporting rotation of the main shaft (Chen et al. Paragraph 32).
Chen et al., however does not disclose that the main shaft bearing at least partially overlaps with the front bearing in the direction of the electric motor axis, and a length of an overlapping portion is greater than 0 mm and less than 4 mm. Chen et al. does disclose that because the internal gear ring is no longer fixed to the housing, the main shaft bearing can be directly set on the outer periphery of the internal gear ring. There is no need to set an assembly section at the rear end of the main shaft for assembling the main shaft bearing, thereby shortening the length of the main shaft structure and reducing the overall axial dimension of the impact tool, making it easier for users to operate (Chen et al. Paragraph 32).
Duncan et al. discloses the impact tool as described in claim 1, as well as a front bearing (96, Duncan et al. Column 12, line 31), and a variety of other bearings such as one that rotatably supports the anvil (Duncan et al. Column 20, lines 1-5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. as modified by the teachings of Duncan et al. to produce sufficient torque, and rearrange the placement of the main shaft bearing of to improve the compactness of the impact tool since it has been held that rearranging parts of an invention involves only routine skill in the art (MPEP 2144.04, Section VI, Part C). It would also have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. as modified by Duncan et al. and have length of an overlapping portion is greater than 0 mm and less than 4 mm as a matter of routine optimization since it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (MPEP 2144.04, Section IV, Part A).
In reference to claim 12, Chen et al., as modified, discloses the impact tool as described in claims 1 and 8 along with a distance L2 (see annotated Chen et al. Figure 2) between a front-end surface of the main shaft bearing (see annotated Chen et al. Figure 2) and a front-end surface of the front bearing (see annotated Chen et al. Figure 2). Chen et al., however, does not disclose that L2 is less than or equal to 5 mm along a direction of an electric motor axis.
Duncan et al. discloses the impact tool as described in claims 1 and 8, as well as a front bearing (96, Duncan et al. Column 12, line 31).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. as modified by the teachings of Duncan et al. to produce sufficient torque, and rearrange the placement of the main shaft bearing of to improve the compactness of the impact tool since it has been held that rearranging parts of an invention involves only routine skill in the art (MPEP 2144.04, Section VI, Part C). It would also have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. as modified by Duncan et al. and have L2 be less than or equal to 5 mm along a direction of an electric motor axis to improve the compactness of the tool as a matter of routine optimization since it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (MPEP 2144.04, Section IV, Part A).
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In reference to claim 13, Chen et al., as modified, discloses the impact tool as described in claims 1-3, wherein the impact assembly (40, Chen et al. Paragraph 41) further comprises an elastic member (43, Chen et al. Paragraph 41) disposed between the impact block (42, Chen et al. Paragraph 41) and the transmission assembly (50, Chen et al. Paragraph 42) , the elastic member (43, Chen et al. Paragraph 41) is capable of becoming shorter or longer between the impact block and the transmission assembly so that the impact block is driven to be displaced along a deformation direction of the elastic member. Chen et al., however, does not disclose that the elastic coefficient K of the elastic member is greater than or equal to 10 N/mm and less than or equal to 20 N/mm.
Duncan et al., discloses the impact tool as described in claims 1-3, wherein the impact assembly (32, Duncan et al. Column 12, line 16) further comprises an elastic member (240, Duncan et al. Column 21, line 10).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. as modified by the teachings of Duncan et al. to produce sufficient torque, and have the elastic coefficient K of the elastic member is greater than or equal to 10 N/mm and less than or equal to 20 N/mm to provide a force for the impact block and cause it to approach the anvil as a matter of routine optimization since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation (MPEP 2144.05, Section I)
In reference to claim 14, Chen et al., as modified, discloses the impact tool as described in claim 1, as well as battery pack (Chen et al. paragraph 58) and electric motor (Chen et al. Paragraph 8). Chen et al., however does not disclose that the nominal voltage of the battery pack is greater than or equal to 4 V and less than or equal to 80 V.
Duncan et al. discloses the impact tool as described in claim 1, as well as a battery pack (Duncan et al. Column 24, lines 15-20) powering at least the electric motor (Duncan et al. Column 24, lines 15-20), wherein a nominal voltage of the battery pack is greater than or equal to 4 V and less than or equal to 80 V (Duncan et al. Column 24, lines 15-20).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. with the battery voltage between 4 V and 80 V as taught by Duncan et al. to create an impact tool that has enough electric power to loosen or tighten bolts with ease.
In reference to claim 15, Chen et al., as modified, discloses the impact tool as described in claim 1, further comprising a fan (Chen et al. Paragraph 68) supported by the drive shaft (Chen et al. Paragraph 68). Chen et al. does not disclose that the dimension of the fan along the electric motor axis is greater than or equal to 2 mm and less than or equal to 3.5 mm.
Duncan et al. discloses the impact tool as described in claim 1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize a fan in an impact tool, since it was known in the art that a fan can cool internal components and prevent overheating during heavy use.
It would also have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention modify the device of Chen et al. as modified by the teachings of Duncan et al. to produce sufficient torque, and have the dimension of the fan along the electric motor axis is greater than or equal to 2 mm and less than or equal to 3.5 mm to improve the tool’s compactness since it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (MPEP 2144.04, Section IV, Part A).
In reference to claim 16, Chen et al. discloses an impact tool (Chen et al. Paragraph 6), comprising: a housing (Chen et al. Paragraph 8); an electric motor (Chen et al. Paragraph 8) accommodated in the housing and comprising a drive shaft (Chen et al. Paragraph 8) rotating about an electric motor axis (Chen et al. Paragraph 8); an output shaft (Chen et al. Paragraph 9) used for outputting power; a grip (Chen et al. Paragraph 38) connected to or formed on the housing; and an impact assembly (40, Chen et al. Paragraph 41) used for providing an impact force for the output shaft and comprising an impact block (42) driven by the electric motor and a hammer anvil (Chen et al. Paragraph 60) mating with the impact block (42, Chen et al. Paragraph 60) and impacted by the impact block. The examiner notes that the hammer (42, Chen et al. Paragraph 60) is interpreted as the impact block as it has the same function of the impact block, being part of the impact assembly and working in conjunction with the hammer anvil and is struck by it.
Chen et al. continues to disclose the impact tool, further comprising a transmission assembly (50, Chen et al. Paragraph 42) used for transmitting power outputted from the drive shaft to the impact assembly and disposed between the electric motor and the impact assembly (Chen et al. Paragraph 3). Chen et al. also discloses the length, L1, from a rear end of the housing to a front end of the output shaft (see annotated Chen et al. Figure 3).
Chen et al., however, does not disclose that L1 is less than or equal to 110 mm.
Duncan et al. discloses an impact tool (10, Duncan et al. Column 10, line 49), comprising: a housing (30, Duncan et al. Column 10, line 52); an electric motor (18, Duncan et al. Column 10, line 50) accommodated in the housing, an output shaft (85, Duncan et al. Column 12, line 15) used for outputting power; and an impact assembly (Duncan et al. Column 13, line 10) used for providing an impact force for the output shaft and comprising an impact block (104, Duncan et al. Column 12, line 47) driven by the electric motor and a hammer anvil (34, Duncan et al. Column 10, line 59) mating with the impact block and impacted by the impact block. The examiner notes that the hammer (104, Duncan et al. Column 12, line 47) is interpreted as the impact block as it has the same function of the impact block, being part of the impact assembly and with the hammer anvil. Duncan et al. continues to disclose the properties of the impact tool such as the tightening torque that is outputted (Duncan et al. Column 15, lines 61-63) from the impact tool to a workpiece is greater than or equal to 250 N·m (Duncan et al. Column 1, lines 30-32) and that the length, L1, from a rear end of the housing to a front end of the output shaft (Duncan et al. Column 11, lines 19-20 and see annotated Duncan et al. Figure 3). Duncan et al. continues to disclose that in some embodiments, that L1 is 203 mm (Duncan et al. Column 11, line 22)
In reference to the claimed outputted torque, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. with the torque that is outputted from the impact tool to a workpiece be greater than or equal to 250 N·m as taught by Duncan et al. to create an impact tool that can loosen or tighten bolts with ease.
In reference to the length of L1, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the length of the device of Chen et al. as modified by Duncan et al. to be less than or equal to 110 mm to make the tool compact and easy to operate since it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.(MPEP 2144.04, Section IV, Part A).
In reference to claim 17, Chen et al. discloses an impact tool (Chen et al. Paragraph 6), comprising: a housing (Chen et al. Paragraph 8); an electric motor (Chen et al. Paragraph 8) accommodated in the housing and comprising a drive shaft (Chen et al. Paragraph 8) rotating about an electric motor axis (Chen et al. Paragraph 8); an output shaft (Chen et al. Paragraph 9) used for outputting power; a grip (Chen et al. Paragraph 38) connected to or formed on the housing; and an impact assembly (40, Chen et al. Paragraph 41) used for providing an impact force for the output shaft and comprising an impact block (42) driven by the electric motor and a hammer anvil (Chen et al. Paragraph 60) mating with the impact block (42, Chen et al. Paragraph 60) and impacted by the impact block. The examiner notes that the hammer (42, Chen et al. Paragraph 60) is interpreted as the impact block as it has the same function of the impact block, being part of the impact assembly and working in conjunction with the hammer anvil and is struck by it.
Chen et al., however, does not disclose that the tightening torque outputted from the impact tool to a workpiece is greater than or equal to 250 N·m, the impact block’s mass and of the impact block’s maximum impact frequency.
Duncan et al. discloses an impact tool (10, Duncan et al. Column 10, line 49), comprising: a housing (30, Duncan et al. Column 10, line 52); an electric motor (18, Duncan et al. Column 10, line 50) accommodated in the housing, an output shaft (85, Duncan et al. Column 12, line 15) used for outputting power; and an impact assembly (Duncan et al. Column 13, line 10) used for providing an impact force for the output shaft and comprising an impact block (104, Duncan et al. Column 12, line 47) driven by the electric motor and a hammer anvil (34, Duncan et al. Column 10, line 59) mating with the impact block and impacted by the impact block. The examiner notes that the hammer (104, Duncan et al. Column 12, line 47) is interpreted as the impact block as it has the same function of the impact block, being part of the impact assembly and with the hammer anvil. Duncan et al. continues to disclose the properties of the impact tool such as the tightening torque that is outputted (Duncan et al. Column 15, lines 61-63) from the impact tool to a workpiece is greater than or equal to 250 N·m (Duncan et al. Column 1, lines 30-32). Duncan et al., also discloses a table to compare the different types of impact tools and their impact block’s mass (see annotated Duncan et al. Table 2). As noted in the analysis of claim 1, the impact hammer of Chen et al. and Duncan et al. is examined as the impact block. Table 2 shows that the mass of the impact block is greater than 110g for the impact tools listed. Duncan et al. discloses another table to compare the different types of impact tools and their maximum impact frequency (see annotated Duncan et al., Table 1). Table 1 shows that the maximum impact frequency of an impact driver with a 5 Ah battery pack is 2,858 impacts per minute which is greater than 2500 bpm and less than 3900 bpm.
In reference to the claimed outputted torque, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. with the torque that is outputted from the impact tool to a workpiece be greater than or equal to 250 N·m as taught by Duncan et al. to create an impact tool that can loosen or tighten bolts with ease.
In reference to the claimed mass of the impact block, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. with the teachings of Duncan et al. to have the mass of the impact block be greater than 110g since it has been held that in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists (MPEP 2144.05 Section I).
In reference to the claimed maximum impact frequency, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. with the teachings of Duncan et al. to have a maximum impact frequency between 2500 bpm and 3900 bpm since it has been held that in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists (MPEP 2144.05 Section I). Further, applicant appears to have placed no criticality on the claimed range, simply indicating the maximum impact frequency “may” be within the claimed range (Specification Paragraph 70).
In reference to claim 18, Chen et al., as modified, discloses the impact tool as described in claim 17 but does not disclose of the impact block’s mass.
Duncan et al., discloses the impact tool as described in claim 1 and discloses a table to compare the different types of impact tools and their impact block’s mass (see annotated Duncan et al. Table 2). As noted in the analysis of claim 1, the impact hammer of Chen et al. and Duncan et al. is examined as the impact block. Table 2 shows that the mass of the impact block is greater than 150g for the impact tools listed.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Duncan et al. to have the mass of the impact block be greater than 150g since it has been held that in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists (MPEP 2144.05 Section I).
In reference to claim 19, Chen et al., as modified, discloses the impact tool as described in claim 17 but does not disclose about the impact block’s moment of inertia. Duncan et al. discloses the impact tool as described in claim 1 and that the impact block’s moment of inertia affects the impact tool’s performance ratio (Duncan et al, Column 3, lines 20-26) and discloses a table to compare the different types of impact tools and their impact block’s moment of inertia (see annotated Duncan et al. Table 2). The examiner notes that the hammer (104, Duncan et al. Column 12, line 47) is interpreted as the impact block as it has the same function of the impact block, being part of the impact assembly and with the hammer anvil.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Chen et al. as modified by Duncan et al. to have the ratio of a moment of inertia of the impact block to the tightening torque outputted from the impact tool is greater than or equal to 1.5×10-4 kg·mm/N and less than or equal to 1.9×10-4 kg·mm/N since it has been held that in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists (MPEP 2144.05 Section I).
In reference to claim 20, Chen et al., as modified, discloses the impact tool as described in claim 17 and the length, L1, from a rear end of the housing to a front end of the output shaft (see annotated Chen et al. Figure 3). Chen et al., however, does not disclose that L1 is less than or equal to 110 mm.
Duncan et al. discloses the impact tool as described in claim 1 and the length, L1, from a rear end of the housing to a front end of the output shaft (Duncan et al. Column 11, lines 19-20 and see annotated Duncan et al. Figure 3). Duncan et al. continues to disclose that in some embodiments, that L1 is 203 mm (Duncan et al. Column 11, line 22).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the length of the device of Chen et al. as modified by Duncan et al. to be less than or equal to 110 mm to make the tool compact and easy to operate since it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.(MPEP 2144.04, Section IV, Part A).
Conclusion
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/TRISHA JOY U FRANCISCO/Patent Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723