DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This Action is in response to the Response to Restriction Requirement filed 05/06/2026.
The status of the Claims is as follows:
Claims 8-11 have been withdrawn;
Claim 10 has been amended;
Claims 1-7 and 12 are pending and have been examined.
Election/Restrictions
Claims 8-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/06/2026.
Applicant's election with traverse of Group I (Claims 1-7 and 12) in the reply filed on 05/06/2026 is acknowledged. The traversal is on the grounds that claims do make a contribution over the prior art. This is not found persuasive because Claims 8-11 are drawn to damping systems, serial batteries and torque control are special technical features, different from those features listed in independent Claim 1, further these technical features address problems that are technically unrelated to those problems addressed in independent Claim 1.
The requirement is still deemed proper and is therefore made FINAL.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/08/2023 was filed after the mailing date of the Application on 09/08/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cembre (DE 202025105636)
Regarding Claim 1 Cembre discloses an impact nut/wrench (abstract) comprising:
a motor unit (3) with a motor (11) accommodated in a main housing (3’) of the wrench and adapted to produce a rotary motion, and an operating switch (7) for actuating the motor (11),
a tool-holder shaft (10) which is rotatable about a rotation axis,
a transmission unit (12) with a percussion mechanism (13) connected between the motor unit (3) and the tool-holder shaft (10),
an electronic control system; containing at least one electronic control board (38), connected to one electric battery (9) and to the operating switch (7),
a handlebar structure (5, 6) with two gripping handles for manually gripping the wrench, (Fig 10)
wherein the transmission unit (12) interacts with the motor (3) and with the tool-holder shaft (10) to transmit the rotary motion from the motor (11) to the tool-holder shaft (10) for rotating the tool-holder shaft (10) about the rotation axis,
a cooling fan (45) for the motor (11) configured to be activated together with operation of the motor (11) for sucking ambient air through an air inlet opening (49) formed in the main housing (3’), conveying the sucked air along the motor (11) and expelling the conveyed air through an air outlet opening (46) formed in the main housing (3’), wherein:
the motor (11) is accommodated inside a dedicated motor compartment (annotated Fig. 14C) of the main housing (3’), and at least one heat sensitive part of the electronic control system, containing the at least one electronic control board (38), is accommodated inside a protected compartment (annotated Fig. 14C) of the main housing (3’),
the protected compartment (annotated Fig. 14C) borders directly on the motor compartment (annotated Fig. 14C) and is separated from the motor compartment (annotated Fig. 14C) by a separation wall (annotated Fig. 14C), and the cooling fan (45) conveys cooling air only into the motor compartment (annotated Fig. 14C) along the separation wall (annotated Fig. 14C),
the separation wall comprises a metal radiator (39) directly facing into the motor compartment (annotated Fig. 14C) and in a heat exchange relationship with the heat sensitive part of the electronic control system in the protected compartment (annotated Fig. 14C).
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Regarding Claim 2 the Prior Art does not teach the cooling fan is directly connected to a rotor of the motor, the air inlet opening comprises two inlet grids (49; Figs. 14A-B) placed on two opposite lateral sides of the main housing (3’) and forms inlet guide surfaces which direct the sucked air into the motor compartment (annotated Fig. 14C) towards (48) the separation wall (annotated Fig. 14C), the air outlet opening (46) is placed on a front side of the main housing (3’) and faces a front side of the wrench to expel the cooling air in a frontal axial direction with respect to the rotation axis. (Figs. 14 A-C)
Regarding Claim 4 Cembre discloses the invention as described above. Cembre further discloses the metal radiator (39) forms: a plurality of cooling fins (Fig. 13) protruding into the motor compartment (annotated Fig. 14C) and directly touched by the cooling air flow, and a plate-shaped projection (Fig. 13) protruding into the protected compartment (annotated Fig. 14C) and in direct contact with the electronic board (38) of the control system. (Fig. 13)
Allowable Subject Matter
Claims 3, 5-7 and 12 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.
Regarding Claim 3 the Prior Art does not teach the protected compartment accommodates therein both the electronic board of the control system and the one or more batteries for the power supply.
Regarding Claim 5 Cembre discloses the invention as described above. Cembre further discloses the main housing (3’) forms internally said motor compartment (annotated Fig. 14C) and said protected compartment (annotated Fig. 14C) and comprises: two opposite side shells (3’’, 3’’’) mutually arranged side by side along first contact interfaces and defining, together, the protected compartment (annotated Fig. 14C),
The Prior Art does not teach a rear opening for accessing the protected compartment, which is closable by a rear cover and the separation wall with a radiator seat for accommodating the metal radiator, a front shell placed alongside the side shells along second contact interfaces and defining, together with the side shells, the motor compartment, wherein a first gasket made in a single piece extends along the first contact interfaces and along the radiator seat, and about the metal radiator accommodated therein.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Zucca US 20210315101: circuit board, fan, radiator (Fig. 5)
Sheeks US 20190044110: circuit board, fan, radiator (Fig. 6a)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHINYERE J RUSHING-TUCKER whose telephone number is (571)270-5944. The examiner can normally be reached 4 pm - 11:59 pm Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHINYERE J RUSHING-TUCKER/Examiner, Art Unit 3731
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