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 Arguments
Applicant’s arguments, with respect to the rejection(s) of claim1-20 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kamiya, US 20200238483, in view of Gehret, US 20210170564.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 21 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 21, the claim limitation “the second-stage planetary gear set couples the clutch mechanism” does not appear in the specification and therefore represents a written description violation and a new matter situation. Simply put, if this is a three stage planetary gear set, as claimed, the second stage cannot couple to the clutch mechanism. This is explicitly discussed in [0060] “In this example, the third-stage planetary gear set 146 is connected to the clutch mechanism 15”.
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 1-4, 10-14 are rejected under 35 U.S.C. 103 as being obvious over Kamiya, US 20200238483, in view of Gehret, US 20210170564.
Regarding claim 1, Kamiya discloses: A power tool (Fig. 1, electric vibration driver drill 1), comprising:
an electric motor (Fig. 1, motor 10 ) comprising a motor shaft (Fig. 1, motor shaft 37 ) rotating about a first axis;
an output mechanism (Fig. 1, spindle 55 ) comprising an output shaft rotating about an output axis and configured to output power;
a transmission mechanism (Fig. 1, gear assembly 12) configured to transmit power between the electric motor and the output mechanism; and
a clutch mechanism (Fig. 1, clutch mechanism 97 ) configured to, when torque transmitted from the output shaft to the transmission mechanism exceeds a set threshold of output torque of the power tool, prevent the output shaft from being driven through the transmission mechanism;
wherein the transmission mechanism is provided with transmission gears (Fig. 1, gear assembly 12) for making the output shaft output different rotational speeds, a number of transmission gears is greater than or equal to 3 (see Fig. 14), the transmission mechanism comprises multi-stage planetary gear sets ([0104] “The gear assembly 12 contains a planetary gear mechanism with three stages. The gear assembly 12 reduces the rotation of the motor shaft 37 and transmits the rotation to the spindle 55. The gear assembly 12 includes a rear planetary gear mechanism 60 (first reduction mechanism), a middle planetary gear mechanism 70 (second reduction mechanism), and a front planetary gear mechanism 80 (third reduction mechanism).”), each stage of the multi-stage planetary gear sets comprises one layer of planet gears in an axial direction ([0104]), a number of stages of the multi-stage planetary gear sets is less than or equal to the number of transmission gears, and, among the multi-stage planetary gear sets, a first-stage planetary gear set ([0104], “a rear planetary gear mechanism 60 (first reduction mechanism)”) closest to the motor shaft comprises a first drive state and a first variable state, and one stage of remaining planetary gear sets ([0104], “a front planetary gear mechanism 80 (third reduction mechanism).”) is connected to the clutch mechanism.
Kamiya does not explicitly disclose:
such that the transmission mechanism has at least a first transmission gear that enables the output shaft to output a first rotational speed, a second transmission gear that enables the output shaft to output a second rotational speed, and a third transmission gear that enables the output shaft to output a third rotational speed,
Three-stage planetary gear.
Gehret teaches: such that the transmission mechanism has at least a first transmission gear ([0076], “first sun gear 210”) that enables the output shaft to output a first rotational speed, a second transmission gear ([0076], “second sun gear 220”) that enables the output shaft to output a second rotational speed, and a third transmission gear ([0076], “third sun gear 230”) that enables the output shaft to output a third rotational speed ([0120], “the example multi-speed power-driven tool 100 included three modes of operation, or three output speeds (i.e., a first speed operation mode shown in FIGS. 11A and 12A, a second, intermediate speed operation mode shown in FIGS. 11B and 12B, and a third speed operation mode shown in FIGS. 11C, 11D and 12C). The example speed selection mechanism 1400 will be described with respect to shifting amongst three operation modes, or three output speeds,”),
Three-stage planetary gear ([0075], “the transmission mechanism 200 may be a multi-speed compound planetary transmission”).
Regarding claim 2, the modified Kamiya further discloses: the transmission mechanism is provided with three transmission gears for making the output shaft output different rotational speeds, and the multi-stage planetary gear sets comprises the first-stage planetary gear set, a second-stage planetary gear set, and a third-stage planetary gear set arranged in sequence from the electric motor to the output mechanism ([0104] “The gear assembly 12 contains a planetary gear mechanism with three stages. The gear assembly 12 reduces the rotation of the motor shaft 37 and transmits the rotation to the spindle 55. The gear assembly 12 includes a rear planetary gear mechanism 60 (first reduction mechanism), a middle planetary gear mechanism 70 (second reduction mechanism), and a front planetary gear mechanism 80 (third reduction mechanism).”).
Regarding claim 3, Kamiya further discloses: the transmission mechanism further comprises a housing assembly (Figs. 5, 8-9, 15, gear housing 52), the first-stage planetary gear set, the second-stage planetary gear set, and the third-stage planetary gear set are at least partially disposed in the housing assembly (see Fig. 8-9).
Kamiya does not disclose: a distance between a rear end face of the housing assembly and a front end of the output shaft is less than or equal to 70 mm.
It would have been an obvious matter of design choice to select a transmission/shaft length of less than 70mm, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. The Examiner would note that the currently cited Kamiya has a shape and size nearly identical to the cited reference (see Examiner Illustration A). However, the exact dimensions of the Kamiya transmission unit are not stated in the art.
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Examiner Illustration A
Regarding claim 4, the modified Kamiya further discloses: each stage of the multi-stage planetary gear sets comprises a planet carrier driven to rotate by the planet gears (Fig. 14, carriers 66, 76, 86), and a number of layers of planet gears is less than or equal to a number of planet carriers.
Regarding claim 10, the modified Kamiya further discloses: the third-stage planetary gear set is connected to the clutch mechanism ([0154] “A clutch mechanism 97 includes the spring holder 90, the clutch pin coil springs 92, the washer 94, the clutch pin sleeves 95, and the clutch pins 96. The clutch mechanism 97 may include the cam projections 82b”. [0214] “More specifically, each clutch pin 96 comes in contact with any of the cam projections 82b on the third internal gear 82, and regulates or allows rotation of the internal gear 82 in accordance with the elastic force of the clutch pin coil springs 92.”, [0253], “ For example, the spring holder 90 in the clutch mechanism 97 may be arranged radially inward from the pin holder 102 for locking the internal gear 82.”).
Regarding claim 11, the modified Kamiya further discloses: the third-stage planetary gear set (Fig. 14, 80) comprises a plurality of third planet gears (Fig. 14, 84) and a third inner ring gear (Fig. 14, 82) meshing with the plurality of third planet gears, and the third inner ring gear comprises limiting teeth (Fig. 14, 82b) abutting against the clutch mechanism.
Regarding claim 12, the modified Kamiya further discloses: the clutch mechanism comprises lock pins abutting against the limiting teeth of the third inner ring gear and configured to prevent the third inner ring gear from rotating and a biasing element configured to bias the lock pins so that the lock pins apply to the third inner ring gear a locking force for preventing rotation of the third inner ring gear ([0214] “More specifically, each clutch pin 96 comes in contact with any of the cam projections 82b on the third internal gear 82, and regulates or allows rotation of the internal gear 82 in accordance with the elastic force of the clutch pin coil springs 92”).
Regarding claim 13, the modified Kamiya further discloses:the third-stage planetary gear set comprises a third variable state in which the third inner ring gear is prevented from rotating, and the clutch mechanism prevents the transmission mechanism from driving the output shaft to output torque when the third inner ring gear rotates with the plurality of third planet gears ([0196] “As shown in FIGS. 16A to 16C, at the rotational position of the change ring 54 (as in FIG. 10A), the leaf spring 87 has the middle portion received in the notch 110d. In this state, the rear end of the drill switch ring 108 excluding the cam recesses 108b comes in contact with the front ends of the cam projections 100b on the support ring 100 to move the support ring 100 rearward. The pin holder 102 then moves rearward, and the internal gear lock pins 106 enter between the circumferential protrusions 82c on the radially outward surface of the third internal gear 82. The internal gear lock pins 106 come in contact with the side surfaces of the protrusions 82c to prevent the third internal gear 82 from rotating. This locks the internal gear 82 (clutch nonoperational state) although the clutch pins 96 press the internal gear 82.”).
Regarding claim 14, the modified Kamiya further discloses: a torque adjustment device (Fig. 15, change ring 54) configured to set the set threshold of output torque of the power tool.
Claims 5-9, 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kamiya in view Gehret, further in view of Elger, US 20140080659.
Regarding claim 5, Kamiya further discloses: the first-stage planetary gear set (Fig. 14, 60) comprises a plurality of first planet gears (Fig. 14, 64) and a first inner ring gear (Fig. 14, 62) meshing with the plurality of first planet gears.
Kamiya does not explicitly disclose: the first inner ring gear is fixed when the first-stage planetary gear set is in the first variable state, and the first inner ring gear rotates synchronously with a first planet carrier when the first-stage planetary gear set is in the first drive state.
Elger teaches: the first inner ring gear is fixed when the first-stage planetary gear set is in the first variable state, and the first inner ring gear rotates synchronously with a first planet carrier when the first-stage planetary gear set is in the first drive state (Elger - [0018] “With reference to FIGS. 2 and 3, the transmission 10 further includes a shift mechanism 142 operable to move the first stage ring gear 62 between a first position (FIG. 2), in which the first stage ring gear 62 is rotatably fixed relative to the transmission housing 26 for enabling the first planetary stage 30, and a second position (FIG. 3), in which the first stage ring gear 62 is coupled for co-rotation with the first stage carrier 66 for disabling the first planetary stage 30. In the illustrated construction of the transmission 10, the shift mechanism 142 includes a linearly movable shuttle 146 for shifting the first stage ring gear 62 between first and second positions. Alternatively, the shift mechanism 142 may be configured in any of a number of different ways for displacing the first stage ring gear 62 between the first and second positions.”).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of invention to utilize the gear arrangement as taught by Elger in combination with the device of Kamiya, thereby combining prior art elements to achieve a predictable result. This alteration represents a simple substitution of one multi-stage planetary gear system for another, as the both accomplish the same function.
Regarding claim 6, the modified Kamiya further discloses: the housing assembly comprises a first cover (Fig. 14, motor bracket 51, Kamiya - end cap 50) configured to accommodate a first bearing (Fig. 1, motor bearing 51d, Kamiya, mount 54) supporting the motor shaft, the first inner ring gear is prevented from rotating by a locking portion disposed on the first cover when the first-stage planetary gear set is in the first variable state, and the locking portion releases the first inner ring gear when the first-stage planetary gear set is in the first drive state (Elger - [0020] “FIG. 2 illustrates the multi-stage planetary transmission 10 configured in a low-speed, high torque mode. In this mode, the shuttle 146 and first stage ring gear 62 are shifted to the first position (i.e., to the left as shown in FIG. 2), thereby engaging the respective teeth 86, 102 on the first stage ring gear 62 and the end cap 50 (FIG. 3) to inhibit relative rotation between the first stage ring gear 62 and the transmission housing 26. The first stage ring gear 62 is also engaged with the plurality of first stage planet gears 70 in the first position. The first stage ring gear 62 remains fixed relative to the transmission housing 26 to enable the first planetary stage 30.”)
Regarding claim 7, the modified Kamiya further discloses: the housing assembly (Figs. 5, 8-9, 15, gear housing 52) further comprises a first housing (Figs 5 and. 14, gear case 50), the first-stage planetary gear set is at least partially accommodated in the first housing (see Figs. 8-9), and the first cover extends along a direction perpendicular to the first axis and is mounted at an end of the first housing facing the electric motor (see Figs. 8-9).
Regarding claim 8, the modified Kamiya further discloses: the first housing and the first cover are detachably connected by first fasteners which extend along a direction perpendicular to the first axis (see Examiner Illustration 1. The fasteners are shown. While the full extent of the fasteners is not shown in the reference, it would be impossible for the fasteners to run parallel to the central axis, as this would interfere with the inner gears rotation).
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Regarding claim 9, the modified Kamiya further discloses: the motor shaft is formed with or connected to a first sun gear (Fig. 1, pinion 38 on the motor shaft 37) , and the plurality of first planet gears externally mesh with the first sun gear ([0107] “The planetary gears 64 mesh with the pinion 38 on the motor shaft 37”).
Regarding claims 16-19, the modified Kamiya disclosed above contains all of the features in claims 16-20. Therefore, these claim citations are hereby incorporated by reference.
Claims 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kamiya in view of Metabo 20/21 Catalog (The catalog can be found at https://www.metabo.com/t3/fileadmin/metabo/us/070_news/06_Catalog/Catalog_2020-21_102320.pdf. Please note the publishing date of 10/20 on the upper right corner of page 148 (the last page below). The relevant portions of the catalog are included forthwith).
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Regarding claim 15, the modified Kamiya discloses the device of claim 2.
The modified Kamiya does not explicitly disclose: a first output rotational speed of the output shaft is greater than 2000 rpm, a second output rotational speed of the output shaft is greater than 1500 rpm and less than 2500 rpm, and a third output rotational speed of the output shaft is greater than 400 rpm and less than 1000 rpm.
Metabo teaches: a first output rotational speed of the output shaft is greater than 2000 rpm, a second output rotational speed of the output shaft is greater than 1500 rpm and less than 2500 rpm, and a third output rotational speed of the output shaft is greater than 400 rpm and less than 1000 rpm (see Examiner Illustration 2 below. The Metabo LTX-3 BL Q hammer drill clearly meets the claim limitation).
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Examiner illustration 2
Therefore, it would have been obvious to one having ordinary skill in the art at the time of invention to utilize the gear speed ratios as taught by Metabo in combination with the device of Kamiya, thereby combining prior art elements to achieve a predictable result. This alteration represents a simple substitution of one design aspect for another in a similar device. The Examiner notes that the previous references Kamiya and Elger are silent regarding Rotational Speed output. It is both possible and likely that both of these references utilize a similar RPM range. The Examiner further notes that internet search revealed numerous similar hammer drills with 3-speed transmissions and output RPM ranges in accordance with the claim limitation (see the following teaching reference – Dewalt DCD996P2 Examiner illustration 3).
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Conclusion
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 DANIEL JEREMY LEEDS whose telephone number is (571)272-2095. The examiner can normally be reached Mon-Thurs, 0730-1730.
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, 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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/DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731