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 Amendment
The amendment filed 03/23/2026 has been entered. Claims 1-20 are pending in the application.
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.
Claim(s) 1, 2, 4, 6, 8-11, 13, 15, and 17-20 is/are rejected under 35 U.S.C. 103 as obvious over Livingston (US 20060113099 A1) in view of Pekrul (US 20110142702 A1) and further in view of MESSMER (US 20100319654 A1).
Regarding claim 1, Livingston discloses (see Figure 2 and Figure 7) a power tool assembly (21) comprising: a housing (23) defining an axis of rotation; an impact assembly (29) configured to deliver a torque to a fastener (see Paragraph 0017); and a pneumatic motor (43) configured to supply a motive force to the impact assembly (29, see Paragraph 0018 and Paragraph 0019), the pneumatic motor (43) including: a stator (33) disposed within the housing (31), the stator (33) having a stator inner wall including a dwell region (as seen Figure 7),
a rotor (42) eccentrically disposed within the stator (see Paragraph 0018), the rotor (42) configured to rotate about the axis of rotation and having an outer surface, a plurality of vanes (45) disposed around the rotor (42), each vane of the plurality of vanes (45) configured to slide within a respective slot (44) formed in the outer surface of the rotor (42) between a fully retracted position and a fully extended position as the rotor (42) rotates about the axis of rotation to maintain contact with the stator inner wall (see Paragraph 0018), wherein the stator inner wall has a radius relative to the axis of rotation (as seen in Figure 7, indicated by marked center) that is substantially constant within the dwell region so that vanes of the plurality of vanes (45) are in the fully extended position within the dwell region (see Paragraph 0026).
Livingston fails to disclose the dwell region covering an arc length of the stator inner wall, wherein the stator inner wall has a radius relative to the axis of rotation that is substantially constant within the dwell region so that vanes of the plurality of vanes are in the fully extended position within the dwell region.
Pekrul teaches a rotary engine (110/400, figs. 1-4) having offset shaft (220) with eccentric rotor (320/420) having a dwell region covering an arc length of a stator inner wall (420/cutout 520), wherein the stator inner wall has a radius relative to the axis of rotation (figs. 4-6) that is substantially constant within the dwell region so that vanes of a plurality of vanes (six vanes figs. 3-6) are in the fully extended position within the dwell region ([0140-0156], figs. 1-6).
Pekrul states: “inner walls of housings 410, 420, and 430 that are circular. However, an added power and/or efficiency advantage results from cutouts and/or buildups in the inner surface of the housing. For example, an x-, y-axes cross-section of the inner wall shape of the housing 210 is optionally non-circular, elliptical, oval, egg shaped, cutout relative to a circle, and/or built up relative to a circle [0152]… cutouts are described relative to the inner wall of the double offset rotor housing 430; however, cutouts are optionally used with any housing 210 [0153]… vane extension limiter beyond a nominal distance to the housing 430… longer vane 450 extension at the cutout position compared to a circular or an elliptical x-, y-cross-section of the housing 430” [0154]
MESSMER also teaches a rotary engine (100/200) having offset shaft (124) with eccentric rotor (118) having a dwell region (112/212 – insert can be moved to various positions) covering an arc length of a stator inner wall (126 of stator housing 102), wherein the stator inner wall has a radius relative to the axis of rotation (figs. 1-9) that is substantially constant within the dwell region so that vanes of a plurality of vanes (132/232/432) are in the fully extended position within the dwell region ([0140-0156], figs. 1-6).
Given the teachings of Livingston to have a power tool with a stator and rotor with a plurality of vanes disposed around the rotor with an eccentric rotor to form a dwell region to drive an impact assembly, it 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 to modify the dwell region with covering an arc length of the stator inner wall, via a cutout or insert, wherein the stator inner wall has a radius relative to the axis of rotation that is substantially constant within the dwell region so that vanes of the plurality of vanes are in the fully extended position within the dwell region to have precise adjustment of speed/torque for more precise operation of the tool and more precise action on a workpiece (avoid overshoot/damage to the workpiece), increased, torque and/or for adjusting power purposes as taught by Pekrul and MESSMER.
Regarding claim 10, Livingston discloses (see Figure 2 and Figure 7) a pneumatic motor (43) configured, the pneumatic motor (43) comprising: a stator (33) disposed within the housing (31), the stator (33) having a stator inner wall including a dwell region (as seen in Figure 7;
a rotor (42) eccentrically disposed within the stator (33), the rotor (42) configured to rotate about an axis of rotation and having an outer surface; and a plurality of vanes (45) disposed around the rotor (42), each vane of the plurality of vanes (45) configured to slide within a respective slot (44) formed in the outer surface of the rotor between a fully retracted position and a fully extended position as the rotor (42) rotates about the axis of rotation to maintain contact with the stator inner wall (see Paragraph 0018); wherein the stator inner wall has a radius relative to the axis of rotation (as seen in Figure 7, indicated by marked center) that is substantially constant within the dwell region so that vanes of the plurality of vanes (45) are in the fully extended position within the dwell region (see Paragraph 0026).
Livingston fails to disclose the dwell region covering an arc length of the stator inner wall, wherein the stator inner wall has a radius relative to the axis of rotation that is substantially constant within the dwell region so that vanes of the plurality of vanes are in the fully extended position within the dwell region.
Pekrul teaches a rotary engine (110/400, figs. 1-4) having offset shaft (220) with eccentric rotor (320/420) having a dwell region covering an arc length of a stator inner wall (420/cutout 520), wherein the stator inner wall has a radius relative to the axis of rotation (figs. 4-6) that is substantially constant within the dwell region so that vanes of a plurality of vanes (six vanes figs. 3-6) are in the fully extended position within the dwell region ([0140-0156], figs. 1-6).
Pekrul states: “inner walls of housings 410, 420, and 430 that are circular. However, an added power and/or efficiency advantage results from cutouts and/or buildups in the inner surface of the housing. For example, an x-, y-axes cross-section of the inner wall shape of the housing 210 is optionally non-circular, elliptical, oval, egg shaped, cutout relative to a circle, and/or built up relative to a circle [0152]… cutouts are described relative to the inner wall of the double offset rotor housing 430; however, cutouts are optionally used with any housing 210 [0153]… vane extension limiter beyond a nominal distance to the housing 430… longer vane 450 extension at the cutout position compared to a circular or an elliptical x-, y-cross-section of the housing 430” [0154]
MESSMER also teaches a rotary engine (100/200) having offset shaft (124) with eccentric rotor (118) having a dwell region (112/212 – insert can be moved to various positions) covering an arc length of a stator inner wall (126 of stator housing 102), wherein the stator inner wall has a radius relative to the axis of rotation (figs. 1-9) that is substantially constant within the dwell region so that vanes of a plurality of vanes (132/232/432) are in the fully extended position within the dwell region ([0140-0156], figs. 1-6).
Given the teachings of Livingston to have a power tool with a stator and rotor with a plurality of vanes disposed around the rotor with an eccentric rotor to form a dwell region to drive an impact assembly, it 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 to modify the dwell region with covering an arc length of the stator inner wall, via a cutout or insert, wherein the stator inner wall has a radius relative to the axis of rotation that is substantially constant within the dwell region so that vanes of the plurality of vanes are in the fully extended position within the dwell region to have precise adjustment of speed/torque for more precise operation of the tool and more precise action on a workpiece (avoid overshoot/damage to the workpiece), increased, torque and/or for adjusting power purposes as taught by Pekrul and MESSMER.
Regarding claim 19, Livingston discloses (see Figure 2 and Figure 7) a pneumatic motor (43) configured to supply a motive force (see Paragraph 0017), the pneumatic motor (43) comprising: a stator (33) disposed within the housing (23), the stator (33) having a stator inner wall including a dwell region (as seen in Figure 7);
a rotor (42) eccentrically disposed within the stator (see Paragraph 0018), the rotor (42) configured to rotate about an axis of rotation and having an outer surface; and a plurality of vanes (45) disposed around the rotor (42), each vane of the plurality of vanes (45) configured to slide within a respective slot (44) formed in the outer surface of the rotor (42) between a fully retracted position and a fully extended position as the rotor (42) rotates about the axis of rotation to maintain contact with the stator inner wall (see Paragraph 0018); wherein the stator (33) inner wall has a radius relative to the axis of rotation (as seen in Figure 7; indicated by marked center) that is substantially constant within the dwell region so that vanes of the plurality of vanes (45) are in the fully extended position within the dwell region (see Paragraph 0026), and where the stator (33) inner wall has a cam geometry following a cycloidal cam profile that eases the transition of the plurality of vanes (45) as they slide between the fully retracted position and the fully extended position (as seen in Figure 7; see Paragraph 0018).
Livingston fails to disclose the dwell region covering an arc length of the stator inner wall, wherein the stator inner wall has a radius relative to the axis of rotation that is substantially constant within the dwell region so that vanes of the plurality of vanes are in the fully extended position within the dwell region.
Pekrul teaches a rotary engine (110/400, figs. 1-4) having offset shaft (220) with eccentric rotor (320/420) having a dwell region covering an arc length of a stator inner wall (420/cutout 520), wherein the stator inner wall has a radius relative to the axis of rotation (figs. 4-6) that is substantially constant within the dwell region so that vanes of a plurality of vanes (six vanes figs. 3-6) are in the fully extended position within the dwell region ([0140-0156], figs. 1-6).
Pekrul states: “inner walls of housings 410, 420, and 430 that are circular. However, an added power and/or efficiency advantage results from cutouts and/or buildups in the inner surface of the housing. For example, an x-, y-axes cross-section of the inner wall shape of the housing 210 is optionally non-circular, elliptical, oval, egg shaped, cutout relative to a circle, and/or built up relative to a circle [0152]… cutouts are described relative to the inner wall of the double offset rotor housing 430; however, cutouts are optionally used with any housing 210 [0153]… vane extension limiter beyond a nominal distance to the housing 430… longer vane 450 extension at the cutout position compared to a circular or an elliptical x-, y-cross-section of the housing 430” [0154]
MESSMER also teaches a rotary engine (100/200) having offset shaft (124) with eccentric rotor (118) having a dwell region (112/212 – insert can be moved to various positions) covering an arc length of a stator inner wall (126 of stator housing 102), wherein the stator inner wall has a radius relative to the axis of rotation (figs. 1-9) that is substantially constant within the dwell region so that vanes of a plurality of vanes (132/232/432) are in the fully extended position within the dwell region ([0140-0156], figs. 1-6).
Given the teachings of Livingston to have a power tool with a stator and rotor with a plurality of vanes disposed around the rotor with an eccentric rotor to form a dwell region to drive an impact assembly, it 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 to modify the dwell region with covering an arc length of the stator inner wall, via a cutout or insert, wherein the stator inner wall has a radius relative to the axis of rotation that is substantially constant within the dwell region so that vanes of the plurality of vanes are in the fully extended position within the dwell region to have precise adjustment of speed/torque for more precise operation of the tool and more precise action on a workpiece (avoid overshoot/damage to the workpiece), increased, torque and/or for adjusting power purposes as taught by Pekrul and MESSMER.
Regarding claim 2, Livingston discloses (see Figure 2 and Figure 7) wherein the dwell region (as seen in Figure 7) of the stator (33) inner wall includes a constant radius arc having a leading edge (46) that begins at an angle of rotation relative to a tangential line that is less than one-hundred and eighty degrees (180°), where the tangential line is a line along the length of the rotor (42) at which the rotor (42) and the stator inner wall are tangent to each other (see Paragraph 0025).
Regarding claim 4, Livingston discloses (see Figure 2 and Figure 7) wherein the constant radius arc of the stator (33) inner wall includes a trailing edge that extends to an angle of rotation greater than one-hundred and eighty degrees (180°) relative to the tangential line (as seen in Figure 7).
Regarding claim 6, Livingston discloses (see Figure 2 and Figure 7) wherein the constant radius arc of the stator (33) inner wall includes a trailing edge that extends to an angle of rotation equal to one-hundred and eighty degrees (180°) relative to the tangential line (see Paragraph 0025).
Regarding claim 8, Livingston discloses (see Figure 2 and Figure 7) wherein the stator (33) inner wall has a cam geometry following a cam profile that eases the transition of the plurality of vanes (45) as they slide between the fully retracted position and the fully extended position (as seen in Figure 7; see Paragraph 0018).
Regarding claim 9, Livingston discloses (see Figure 2 and Figure 7) wherein the cam geometry follows one of a cycloidal motion curve (see Paragraph 0018 and Figure 7), a parabolic motion curve, or a harmonic motion curve.
Regarding claim 11, Livingston discloses (see Figure 2 and Figure 7) wherein the dwell region (as seen in Figure 7) of the stator (33) inner wall includes a constant radius arc having a leading edge (46) that begins at an angle of rotation relative to a tangential line that is less than one-hundred and eighty degrees (180°), where the tangential line is a line along the length of the rotor (42) at which the rotor (42) and the stator (33) inner wall are tangent to each other (see Paragraph 0025).
Regarding claim 13, Livingston discloses (see Figure 2 and Figure 7) wherein the constant radius arc of the stator (33) inner wall includes a trailing edge that extends to an angle of rotation greater than one-hundred and eighty degrees (180°) relative to the tangential line (as seen in Figure 7).
Regarding claim 15, Livingston discloses (see Figure 2 and Figure 7) wherein the constant radius arc of the stator (33) inner wall includes a trailing edge that extends to an angle of rotation equal to one-hundred and eighty degrees (180°) relative to the tangential line (see Paragraph 0025).
Regarding claim 17, Livingston discloses (see Figure 2 and Figure 7) wherein the stator (33) inner wall has a cam geometry following a cam profile that eases the transition of the plurality of vanes (45) as they slide between the fully retracted position and the fully extended position (as seen in Figure 7; see Paragraph 0018).
Regarding claim 18, Livingston discloses (see Figure 2 and Figure 7) wherein the cam geometry follows one of a cycloidal motion curve (as seen in Figure 7; see Paragraph 0018), a parabolic motion curve, or a harmonic motion curve.
Regarding claim 20, Livingston discloses (see Figure 2 and Figure 7) a tangential line along the length of the rotor (42) at which the rotor (42) and the stator (33) inner wall are tangent to each other (as seen in Figure 7), wherein the dwell region of the stator (33) inner wall includes a constant radius arc having a leading edge (46) and a trailing edge, the leading edge (46) located at an angle of rotation that is less than one-hundred and eighty degrees (180°) relative to the tangential line (as seen in Figure 7), and the trailing edge located at an angle of rotation greater than or equal to one-hundred and eighty degrees (180°) relative to the tangential line (see Paragraph 0025).
Allowable Subject Matter
Claims 3, 5, 7, 12, 14 & 16 is 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.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Reasons for Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: the prior art of record fails to teach or render obvious a power tool with a stator and rotor with a plurality of vanes disposed around the rotor with an eccentric rotor to drive an impact assembly comprising all the structural and functional limitations and further comprising, amongst other limitations/features, the vanes disposed around the rotor with an eccentric rotor to form a dwell region with a leading edge of a dwell region that is located between one-hundred and twenty degrees and one-hundred and forty degrees and a trailing edge of the dwell region is located between two-hundred degrees and twenty degrees and two-hundred and forty degrees from a tangential line that is along the length of rotor at which the rotor and stator wall are tangent each other (the rotor sealing/abutting with the stator). Though Livingston, Pekrul and MESSMER. teach modifying a stator wall to increase or decrease vane extension length, it would not be obvious to modify stator wall with the vanes disposed around the rotor with an eccentric rotor to form a dwell region with a leading edge of a dwell region that is located between one-hundred and twenty degrees and one-hundred and forty degrees and a trailing edge of the dwell region is located between two-hundred degrees and twenty degrees and two-hundred and forty degrees from a tangential line that is along the length of rotor at which the rotor and stator wall are tangent each other and one of ordinary skill would recognize that a dwell region at the top portion, portion with largest volume gap would increase vane extension lengths to increase power thereby optimizing power and reducing friction. Having the efficiency and increased power with vanes further extension provides better performance of the pneumatic motor and keeps the air pressure force acting on the vane when the pressure differential on the vane remains constant.
While various features of the claimed subject matter are found individually in the prior art, a skilled artisan would have to include knowledge gleaned only from the applicant's disclosure to combine or modify the teachings of the prior art to produce the claimed subject matter, and thus obviousness would not be proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). There is no teaching, suggestion, or motivation found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art to combine or modify the teachings of the prior art to produce the claimed invention, and thus obviousness would not be proper. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Additional prior art considered pertinent: see form 892.
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 ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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, SHELLEY SELF can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT F LONG/Primary Examiner, Art Unit 3731