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 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.
Claim(s) 16-28 and 31-33 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 109249065 A) in view of Hill et al. (GB 2446023 A).
Regarding claim 16, Liu discloses a drilling guard for mounting on a drill head (5; Fig. 3) of a drilling machine (not shown), the drilling guard comprising a disk-shaped damping member (4), the disk-shaped damping member having a central through-hole formed therein for mounting the drilling guard over a drill bit (1) inserted into the drill head (5). and a magnetic retaining member (3) configured to magnetically fix the disk-shaped damping member (4) to the drill head (5) during operation of the drilling machine (not shown).
Regarding claim 17, Liu discloses wherein the magnetic retaining member (4) is an axially magnetized ring magnet or punched disc magnet disposed (see Fig. 3) concentrically around the central through-hole of the disc-shaped damping member (4).
Regarding claim 18, Liu discloses wherein the disc-shaped damping member (4) has an underside directed towards the drill head, and the magnetic retaining member (3) has one side disposed on the underside.
Regarding claim 19, Liu discloses wherein the magnetic retaining member (3) is at least partially embedded in the disc-shaped damping member (4).
Regarding claim 21, Liu discloses the disk-shaped damping member (4) having an outer radius being a multiple of an inner radius of the central through-hole.
Regarding claim 32, Liu discloses producing a borehole by using a drilling machine (not shown), by inserting a drill bit (1) into a drill head (5) of the drilling machine (not shown); fitting the drilling guard according to claim 16 over the drill bit (1) and magnetically fixing the drilling guard to the drill head (5) via the drill bit (1); and operating the drilling machine (not shown) to produce the borehole.
Liu, however, does not disclose the following: the disk-shaped member being at least partially formed from a shock-absorbing material; wherein the shock-absorbing material causes said disk-shaped damping member to be self-supporting; wherein the drilling machine is a cordless drill; or which further comprises providing a cordless drill as the drilling machine.
Hill discloses a disk-shaped member (2) being at least partially formed from a shock-absorbing material (i.e., foam; see claim 2 of Hill), and it is inherent the shock- absorbing material causes the disk-shaped damping member to be self-supporting.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the disk-shaped damping member of Liu at least partially from a shock-absorbing material, and to cause the disk-shaped damping member of Liu to be self-supporting, in light of the teachings of Hill, in order “to allow the tool to mould to the texture of the surface it is to be used on.” (see Hill; abstract, lines 4-6)
Regarding claims 20 and 22-27, Liu/Hill as modified above disclose a disk-shaped damping member made of foam and a magnetic retaining member.
Liu/Hill does not expressly disclose the following: wherein the magnetic retaining member has a magnetic holding force of at least 4 kilograms and at most 10 kilograms; the disk-shaped damping member having an outer radius being a multiple of an inner radius of the central through-hole; the disk-shaped damping member having an outer diameter of at least 50 millimeters and at most 150 millimeters; the central through-hole having an inner diameter of at least ten millimeters and at most 15 millimeters; the disk-shaped damping member or the shock-absorbing material has a thickness of at least 10 millimeters and at most 20 millimeters along an axial direction; wherein the shock-absorbing material includes or consists of a polyolefin foam; the polyolefin foam having a bulk density of at least 45 kilograms per cubic meter and at most 100 kilograms per cubic meter; or the polyolefin foam having a compression hardness at 10% deformation of at least 60 kilopascals and at most 200 kilopascals.
At the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to provide the magnetic retaining member having a magnetic holding force of at least 4 kilograms and at most 10 kilograms, the disk-shaped damping member having an outer diameter of at least 50 millimeters and at most 150 millimeters, the central through-hole having an inner diameter of at least ten millimeters and at most 15 millimeters, the disk-shaped damping member or the shock-absorbing material has a thickness of at least 10 millimeters and at most 20 millimeters along an axial direction, wherein the shock-absorbing material includes or consists of a polyolefin foam, the polyolefin foam having a bulk density of at least 45 kilograms per cubic meter and at most 100 kilograms per cubic meter, and the polyolefin foam having a compression hardness at 10% deformation of at least 60 kilopascals and at most 200 kilopascals because Applicant has not disclosed that wherein the magnetic retaining member has a magnetic holding force of at least 4 kilograms and at most 10 kilograms, the disk-shaped damping member having an outer radius being a multiple of an inner radius of the central through-hole, the disk-shaped damping member having an outer diameter of at least 50 millimeters and at most 150 millimeters, the central through-hole having an inner diameter of at least ten millimeters and at most 15 millimeters, the disk-shaped damping member or the shock-absorbing material has a thickness of at least 10 millimeters and at most 20 millimeters along an axial direction, wherein the shock-absorbing material includes or consists of a polyolefin foam, the polyolefin foam having a bulk density of at least 45 kilograms per cubic meter and at most 100 kilograms per cubic meter, or the polyolefin foam having a compression hardness at 10% deformation of at least 60 kilopascals and at most 200 kilopascals provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with that which is taught by Liu/Hill because the tool effectively prevents the drill from damaging the surface on which it is being used.
Therefore, it would have been an obvious matter of design choice to modify Liu/Hill to obtain the invention as specified in claims 20 and 22-27.
Regarding claims 31 and 33, it is conventional and well known to drill a hole using a cordless drill as the drilling machine.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a cordless drill as the drilling machine used in combination with tool/guard of Liu/Hill to drill the hole due to the convenience of use in locations where power is unavailable.
Claim(s) 16-33 are rejected under 35 U.S.C. 103 as being unpatentable over Hill et al. (GB 2446023 A) in view of Li (CN 86100328 B).
Regarding claim 16, Hill discloses a drilling guard (2, 3; Fig. 2) for mounting on a drill head (not shown) of a drilling machine (not shown), the drilling guard (2, 3) comprising a disk-shaped damping member (2) being at least partially formed from a shock-absorbing material (i.e., foam; see claim 2 of Hill).
Regarding claim 18, Hill discloses the disc-shaped damping member (2) having an underside directed towards the drill head (not shown).
Regarding claim 25, Hill discloses the shock-absorbing material including a foam (see claim 2 of Hill).
Regarding claim 28, Hill discloses the shock-absorbing material (2; i.e., foam) to cause the disk-shaped damping member to be self-supporting.
Regarding claim 29, Hill discloses wherein the disk-shaped damping member (2; Fig. 2) has an outer side facing away from the drill head (not shown) and a contact surface on the outer side, the contact surface being a termination of the drilling guard outwards in axial direction and being configured to engage against a drilling surface (not shown).
Regarding claim 30, Hill discloses wherein the drilling guard (2, 3) consists of the disk-shaped damping member (2) and the retaining member (3).
Regarding claim 32, Hill discloses producing a borehole (see pg. 1, Field of Invention by using a drilling machine (not shown), by inserting a drill bit into a drill head (not shown) of the drilling machine (not shown); fitting the drilling guard (2, 3) over the drill bit (not shown); and operating the drilling machine (not shown) to produce the borehole.
Hill, however, does not disclose the following: the disk-shaped damping member having a central through-hole formed therein for mounting the drilling guard over a drill bit inserted into the drill head; a magnetic retaining member configured to magnetically fix said disk-shaped damping member to the drill head during operation of the drilling machine; magnetic retaining member is an axially magnetized ring magnet or punched disc magnet disposed concentrically around said central through-hole of said disc-shaped damping member; the magnetic retaining member having one side disposed on the underside; the magnetic retaining member being at least partially embedded in said disc-shaped damping member; the disk-shaped damping member having an outer radius being a multiple of an inner radius of the central through-hole; the drilling machine being a cordless drill; or magnetically fixing the drilling guard to the drill head via the drill bit.
Li discloses disk-shaped damping member (1; Figs. 1 and 2) having a central through-hole formed therein for mounting over a drill bit (not shown) inserted into the drill head (not shown), a magnetic retaining member (2) configured to magnetically fix the disk-shaped damping member (1) to the drill head (not shown) during operation of the drilling machine. Hill discloses the magnetic retaining member (2) is an axially magnetized ring magnet or punched disc magnet disposed concentrically around the central through-hole of the disc-shaped damping member (1). Li discloses the magnetic retaining member (2) having one side disposed on the underside. Li discloses the magnetic retaining member (2) being at least partially embedded (see Fig. 2) in the disc-shaped damping member (1). Li discloses the disk-shaped damping member (1) having an outer radius being a multiple of an inner radius of the central through-hole.
Therefore, it would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to provide the disk-shaped damping member of Hill having a central through-hole formed therein for mounting the drilling guard over a drill bit inserted into the drill head, to form the retaining member of Hill is a magnetic retaining member configured to magnetically fix the disk-shaped damping member to a drill head during operation of the drilling machine, to provide the magnetic retaining member as an axially magnetized ring magnet or punched disc magnet disposed concentrically around the central through-hole of the disc-shaped damping member, to the magnetic retaining member having one side disposed on the underside of the damping member, to embed the magnetic retaining member at least partially embedded in the disc-shaped damping member of Hill, to provide the disk-shaped damping member of Hill having an outer radius being a multiple of an inner radius of the central through-hole, and to magnetically fixing the drilling guard of Hill to the drill head via the drill bit, in light of the teachings of Li, in order to provide a magnetic guider for a portable drill gun.
Regarding claims 20 and 22-27, Hill/Li as modified above disclose a disk-shaped damping member made of foam and a magnetic retaining member.
Liu/Hill does not expressly disclose the following: wherein the magnetic retaining member has a magnetic holding force of at least 4 kilograms and at most 10 kilograms; the disk-shaped damping member having an outer radius being a multiple of an inner radius of the central through-hole; the disk-shaped damping member having an outer diameter of at least 50 millimeters and at most 150 millimeters; the central through-hole having an inner diameter of at least ten millimeters and at most 15 millimeters; the disk-shaped damping member or the shock-absorbing material has a thickness of at least 10 millimeters and at most 20 millimeters along an axial direction; wherein the shock-absorbing material includes or consists of a polyolefin foam; the polyolefin foam having a bulk density of at least 45 kilograms per cubic meter and at most 100 kilograms per cubic meter; or the polyolefin foam having a compression hardness at 10% deformation of at least 60 kilopascals and at most 200 kilopascals.
At the time the invention was made, it would have been an obvious matter of design choice to a person of ordinary skill in the art to provide the magnetic retaining member having a magnetic holding force of at least 4 kilograms and at most 10 kilograms, the disk-shaped damping member having an outer diameter of at least 50 millimeters and at most 150 millimeters, the central through-hole having an inner diameter of at least ten millimeters and at most 15 millimeters, the disk-shaped damping member or the shock-absorbing material has a thickness of at least 10 millimeters and at most 20 millimeters along an axial direction, wherein the shock-absorbing material includes or consists of a polyolefin foam, the polyolefin foam having a bulk density of at least 45 kilograms per cubic meter and at most 100 kilograms per cubic meter, and the polyolefin foam having a compression hardness at 10% deformation of at least 60 kilopascals and at most 200 kilopascals because Applicant has not disclosed that wherein the magnetic retaining member has a magnetic holding force of at least 4 kilograms and at most 10 kilograms, the disk-shaped damping member having an outer radius being a multiple of an inner radius of the central through-hole, the disk-shaped damping member having an outer diameter of at least 50 millimeters and at most 150 millimeters, the central through-hole having an inner diameter of at least ten millimeters and at most 15 millimeters, the disk-shaped damping member or the shock-absorbing material has a thickness of at least 10 millimeters and at most 20 millimeters along an axial direction, wherein the shock-absorbing material includes or consists of a polyolefin foam, the polyolefin foam having a bulk density of at least 45 kilograms per cubic meter and at most 100 kilograms per cubic meter, or the polyolefin foam having a compression hardness at 10% deformation of at least 60 kilopascals and at most 200 kilopascals provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with that which is taught by Hill/Li because the tool effectively prevents the drill from damaging the surface on which it is being used.
Therefore, it would have been an obvious matter of design choice to modify Hill/Li to obtain the invention as specified in claims 20 and 22-27.
Regarding claims 31 and 33, it is conventional and well known to drill a hole using a cordless drill as the drilling machine.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a cordless drill as the drilling machine used in combination with tool/guard of Hill/Li to drill the hole due to the convenience of use in locations where power is unavailable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed on the attached PTO-892 are cited to show drill guards.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JERMIE E COZART whose telephone number is (571)272-4528. The examiner can normally be reached Monday - Friday 8:30am - 7:00pm.
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/JERMIE E COZART/Primary Examiner, Art Unit 3799
April 3, 2026