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 .
Detailed Action
The amendment filed on 04/02/2026 has been entered.
Claim Rejection - 35 U.S.C. 103
1. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
2. Claims 1, 3-6, 14, 17, 20, 21, 23 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Simpson et al. (U.S. Patent Application Publication No. 2009/0188361, hereinafter “Simpson”) in view of DE 4418102.
Regarding claims 1, 3, 21 and 23, Simpson discloses a power tool (e.g., a hedge trimmer 10, as required by claim 3, see Fig.1) comprising:
a housing (13);
a tool element (11/12) extending from the housing (13);
an electric motor (see paragraph [0017], line 6) disposed within the housing (13) and having a motor shaft (inherent) configured to rotate about an axis;
a switch (16/17) supported by the housing (13) or located on a handle portion (14/15) of the housing (13, as required by claim 23), the switch (16/17) being actuatable to energize the electric motor (see paragraph [0017], lines 8-12);
a transmission mechanism (e.g., a gearbox, see paragraph [0011], lines 1-2) coupled to the electric motor and configured to convert a rotational input from the motor shaft into a reciprocating motion of the tool element (11/12); and
a controller (see paragraph [0006]-[0007]) configured to control operation of the electric motor,
wherein the electric motor is operable in a first mode to rotate the motor shaft about the axis in a first direction and in a second mode to rotate the motor shaft about the axis in a second direction opposite the first direction (see paragraph [0026]);
wherein the transmission mechanism is configured to reciprocate the tool element (11/12) when the electric motor is operated in the first mode and when the electric motor is operated in the second mode (see paragraph [0028), and
wherein the controller is configured to control the electric motor to alternate between the first mode and the second mode with each actuation of the switch (by first actuating the switch 16/17 so that the motor operable in a first mode, upon motor stalled in a jammed situation, releasing the switch 16/17 to cut power to the motor, and then reversing the motor rotational direction to put the motor in a second mode by re-application of power to the motor e.g., by actuating the switch 16/17, see paragraph [0030], lines 6-12) substantially as claimed except Simpson’s transmission mechanism is in the form of a gearbox (see paragraph [0011], lines 1-2) rather than an eccentric drive.
DE ‘102 shows a power tool (see Fig.1) comprising an electric motor (8) having a motor shaft (9); a transmission mechanism of the type including an eccentric drive (18,19) coupled to the electric motor (8) configured to convert a rotational input from the motor shaft (9) into a reciprocating motion of a tool element (16/17) of the power tool.
Thus, it would have been obvious to one skilled in the art to modify Simpson by substituting the transmission mechanism (including an eccentric drive) of DE ‘102 for that of Simpson’s for the predictable result of converting the rotational input from the motor shaft into the reciprocating motion of the tool element.
Regarding claim 4, Simpson’s power tool (10) further comprises a sensor (see paragraph [0007]) configured to detect a jam.
Regarding claim 5, Simpson’s controller is configured to stop the rotation of the motor shaft in response to the sensor detecting a jam (e.g., once a jammed situation is sensed, a user releases the switch 16/17, the controller stops the rotations of the motor).
Regarding claim 6, Simpson’s power tool (10) further comprises a rechargeable lithium-ion battery (see paragraph [0012]) coupled to the housing for providing power to the electric motor except Simpson does not show the rechargeable lithium-ion battery being a “battery pack”. Official notice is taken of the fact that battery pack is well known in the hedge trimmer art as evidenced by U.S. Patent No. 4,084,123 for powering a motor of the trimmer. Thus, to make Simpson’s rechargeable lithium-ion battery into a battery pack for advantage of easy removal when needed would have been obvious to one skilled in the art.
Regarding claim 14, Simpson’s power tool (10) further comprises a sensor (see paragraphs [0007]-[0008]) in communication with the controller, wherein the controller is configured to control the electric motor in response to the sensor detecting a jam.
Regarding claim 17, Simpson’s sensor includes a motor current sensor (see paragraph [0007], lines 1-3).
Regarding claim 20, Simpson’s controller includes a control circuit (see claim 4) but it fails to mention the control circuit being a printed circuit board. Official notice is taken of the fact that it is well-known in the art to have control circuit in the form of a printed circuit board (see page 7, 6th paragraph, lines 5-7 of English translation of CN 114365636 cited in the attached PTO-892). Thus, to have Simpson’s control circuit in the form of a printed circuit board would have been obvious to one skilled in the art for the advantage of having the circuit well supported on a board.
Regarding claim 24, Simpson’s electric motor is a brushless DC motor (see paragraph [0026], lines 8-11).
3. Claims 2, 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Simpson et al. (U.S. Patent Application Publication No. 2009/0188361, hereinafter “Simpson”) in view of DE 4418102 as applied to claims 1 and 14 above, and further in view of EP 3420808.
Regarding claim 2, Simpson’s power tool (10) as modified above shows all the claimed limitations except the power tool (10) is hedge trimmer rather than a handheld punch tool.
EP ‘808 teaches un-jamming procedures used in a hedge trimmer (10) may also operate with other reciprocating tools (see paragraph [0042]).
In view of the teaching of EP ‘808, it would have been obvious to one skilled in the art to further modify Simpson by having the reciprocating power tool formed as handheld reciprocating punch tool for performing a desired reciprocating task as one desired.
Regarding claim 15, Simpson’s power tool (10) as modified above shows all the claimed limitations except the controller is not configured to de-energize the electric motor in response to the sensor detecting a jam.
EP ’808 shows a power tool (10) equipped with a controller (306) that is configured to de-energize an electric motor (302) in response to a sensor (308) detecting a jam (see paragraph [0036], lines 1-6).
Therefore, it would have been obvious to one of ordinary skill in the art to further modify Simpson by having the controller configured to de-energize the electric motor in response to the sensor detecting a jam to avoid overloading the motor as taught by DE’ ‘808.
Regarding claim 16, while Simpson teaches using a sensor for detecting a jam (see paragraphs [0007]), it does not explicitly mention the sensor including includes a Hall effect sensor.
EP ‘808 teaches using a Hall effect sensor (see paragraph [0011]) for detaching a jam in a power tool (see paragraph [0029], lines 1-9).
Therefore, to use a well-known and commercially available sensor such as the Hall effect sensor of EP ‘808 for detecting a jam in Simpson’s power tool would have been obvious to one skilled in the art.
4. Claims 13 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Simpson et al. (U.S. Patent Application Publication No. 2009/0188361, hereinafter “Simpson”) in view of DE 4418102 and EP 3420808 as applied to claim 2 above, and further in view of CN 201361904.
Regarding claim 13, Simpson as modified (e.g., a handheld punch tool) shows all the claimed limitations except it lacks the specifics of the punch tool.
CN ‘904 shows a handheld punch tool (see Fig.1) comprising a die holder (4) coupled to a housing (10,29);
a die (3) supported by the die holder (4), the die (3) and the die holder (4) defining a feed slot (see Fig.1 not labeled) therebetween for receiving a workpiece to be cut; and
wherein a punch (6, see Fig.2) configured to reciprocate within the die holder (4).
Therefore, it would have been obvious to one of ordinary skill in the art to further modify Simpson’s handheld punch tool by providing the punch tool with a die supported by a die holder to interact with a punch reciprocating within the die holder for performing the punching operation on a workpiece received in a feed slot formed between the die and the die holder as taught by CN ‘904.
Regarding claim 18, in CN ‘904, the punch (6) is configured to reciprocate along an axis perpendicular to an axis of rotation of an eccentric shaft (16, see Fig.2). Simpson thus modified also possesses such characteristic.
5. Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Simpson et al. (U.S. Patent Application Publication No. 2009/0188361, hereinafter “Simpson”) in view of DE 4418102 as applied to claim 21 above, and further in view of EP 3420808 and CN 201361904.
Regarding claim 22, Simpson’s power tool (10) as modified above shows all the claimed limitations except the power tool (10) is hedge trimmer rather than a handheld punch tool, and it lacks the specifics of the punch tool.
EP ‘808 teaches un-jamming procedures used in a hedge trimmer (10) may also operate with other reciprocating tools (see paragraph [0042]).
In view of the teaching of EP ‘808, it would have been obvious to one skilled in the art to further modify Simpson by having the reciprocating power tool formed as handheld reciprocating punch tool for performing a desired reciprocating task as one desired.
CN ‘904 shows a handheld punch tool (see Fig.1) comprising a die holder (4) coupled to a housing (10,29);
a die (3) supported by the die holder (4), the die (3) and the die holder (4) defining a feed slot (see Fig.1 not labeled) therebetween for receiving a workpiece to be cut; and
wherein a punch (6, see Fig.2) configured to reciprocate within the die holder (4).
Therefore, it would have been obvious to one of ordinary skill in the art to further modify Simpson’s handheld punch tool by providing the punch tool with a die supported by a die holder to interact with a punch reciprocating within the die holder for performing the punching operation on a workpiece received in a feed slot formed between the die and the die holder as taught by CN ‘904.
Prior Art Citation
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2012/010190 is cited to show a hedge trimmer (100) comprising a motor (204, see Fig.3), and an on/off button (302) incorporated a Double Pole Double Throw (DPDT) switch for controlling the rotational direction of the motor (204).
Remarks
Applicant's arguments filed 04/02/2026 have been fully considered but they are not persuasive.
Applicant argues Simpson does not disclose or suggest a control configured to alternate a motor between first and second rotational modes with each actuation of the switch as required by claim 1. Examiner disagrees. Applicant’s attention is directed to the original specification of this instant application. Specifically, lines 7-12 of paragraph [0031] of the specification state “In the illustrated embodiment, the direction of rotation of the motor shaft 50 is reversed each time the operator depressed the switch 210 to activate the motor 16. Thus, when the nibble 10 experiences a jam, the operator simply releases and re-depressed the switch 210 to reverse the rotational direction of the motor shaft 50 (that is, toggle between the first and second operating modes of the motor 16), and then continue the cutting operation.” In other words, releasing the switch stops the rotation of the motor shaft in one direction, and re-pressing the switch reverses the rotation of the motor shaft. Simpson also teaches such. Referring to paragraph [0030], lines 6-12 which state “In the second arrangement, it is recognized that the user will typically recognize a jammed or stalled situation and will instinctively release some or both switches and so cut power to the motor. This leaves the cutter in the jammed configuration. Accordingly, the blade is put into a reverse direction automatically on re-application of power (e.g., by re-depressing the switch(es) to the motor.” Thus, both Simpson and the invention have the same mode of operation, namely: releasing the switch to stop rotation of the motor shaft and then re-depressing the switch to reverse the rotational direction of the motor shaft.
Action Made Final
THIS ACTION IS MADE FINAL. 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.
Point of Contact
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HWEI-SIU PAYER whose telephone number is (571)272-4511. The examiner can normally be reached on Monday – Friday from 6:00 AM to 2:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashely, can be reached at telephone number 571-272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HWEI-SIU C PAYER/ Primary Examiner, Art Unit 3724
