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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Claim 10 is considered invoking a means plus function since means to inhibit deflection of the flexible shaft within the shaft is not modified by sufficient structure. Paragraph 41 of the specification teaches a bushing as sufficient structure.
Claims 11, 12, and 13 depend on claim 10 and do not recite sufficient structure for means to inhibit deflection of the flexible shaft within the shaft and therefore are considered invoking a means plus function.
Claim 14, which depends on claim 10, is not considered invoking a means plus function for “means to inhibit deflection of the flexible shaft within the sheath” since the claim recites a bushing, which is considered sufficient structure for the generic placeholder. Claims 15, 16, 17 depend on claim 14 and are not considered invoking a means plus function for the generic placeholder.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 –
Claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 18, 19, and 20 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Koki (WO2021090605A1 cited in the IDS mailed 3/1/2024, a machine translation is provided).
Regarding claim 1, Koki teaches a concrete vibrator (figures 1-5) comprising: a housing (item 2) having a motor housing portion extending along a longitudinal axis (item 2a which extends along a horizontal axis) and a handle portion extending transverse to the longitudinal axis (the handle item 2b extends downward which is transverse the axis through which item 10 goes through) and spaced from the motor housing portion (outer surface of item 2b is spaced apart from item 2a), defining an opening between the handle portion and the motor housing portion (see space between item 2a and 2b, where a user’s hand can extend into to grip item 2b); a trigger located within the opening rearward of the motor housing portion (item 5 trigger switch), and extending from the handle portion of the housing (item 5 extends from item 2b); a brushless DC electric motor positioned within the motor housing portion (item 6, page 5 of the machine translation paragraph 11 teaches a brushless motor, page 10 of the machine translation second paragraph teaches a dc power supply which would inherently require the motor to specifically be a DC motor); a battery pack configured to provide electrical power to the electric motor to drive the motor (page 10 of the machine translation fourth paragraph teaches a battery pack item 4); an electronic processor electrically connected with the motor and the battery pack (page 11 of the machine translation, fourth paragraph teaches a calculation unit, item 34 which is in electrical communication with the battery in order to operate), the electronic processor configured to adjust the electrical power provided to the motor in a closed loop to maintain operation of the motor at a rotational speed set point (page 11 of the machine translation, fifth paragraph teaches constant speed control regardless of the load applied); and a vibrator head configured to receive torque from the motor to cause the vibrator head to vibrate (item 11 vibrator part).
Regarding claim 2, Koki teaches wherein the trigger is configured as a variable speed trigger for outputting an electrical signal to the electronic processor proportional to a degree to which the trigger is depressed to vary a rotational speed of the motor (page 6 of the machine translation second paragraph teaches the rotation of the brushless motor may be changed according to the operation amount of the trigger switch).
Regarding claim 3, Koki teaches wherein the trigger is movable between at least two discrete trigger positions coinciding with different rotational speeds of the motor (page 6 of the machine translation second paragraph teaches the rotation of the brushless motor may be changed according to the operation amount of the trigger switch and is capable of having a less depressed position and a more depressed position varying the speed of the motor).
Regarding claim 4, Koki teaches wherein the trigger is movable between a first operating position in which the motor is driven at a first non-zero desired speed, and a second operating position in which the motor is driven at a second non-zero desired speed different than the first non-zero desired speed (page 6 of the machine translation second paragraph teaches the rotation of the brushless motor may be changed according to the operation amount of the trigger switch and is capable of having a less depressed position and a more depressed position varying the speed of the motor).
Regarding claim 5, Koki teaches further comprising a flexible shaft having a first end coupled to the motor and an opposite, second end coupled to the vibrator head, wherein the flexible shaft is configured to transfer torque from the motor to the vibrator head (see page 8 of the machine translation paragraph 4, flexible shaft item 13).
Regarding claim 6, Koki teaches further comprising a power switching network (see figure 26) including a plurality of field-effect transistors that are selectively activated by the electronic processor to control operation of the motor at the rotational speed set point (items Q1-Q6 switching elements, page 11 of machine translation paragraph 3 teaches items Q1-Q6 as field effect transistors).
Regarding claim 7, Koki teaches wherein the power switching network includes six field-effect transistors that receive pulse width modulated signals from the electronic processor to selectively apply power to the motor to maintain the motor at the rotational speed set point (items Q1-Q6 switching elements, page 11 of machine translation paragraph 3 teaches items Q1-Q6 as field effect transistors that supply drive current to the stator coil of the motor and performing the switching operation according to the control unit 40).
Regarding claim 8, Koki teaches further comprising a rotor position sensor coupled to the electronic processor (page 11 of the machine translation paragraph 3 teaches a hall effect sensor), wherein the rotor position sensor is configured to output a signal to the electronic processor indicative of at least one of a position, velocity, or acceleration of the motor (page 11 of the machine translation paragraph 3 teaches a hall effect sensor corresponding to the rotation position).
Regarding claim 9, Koki teaches wherein the rotor position sensor is a Hall-effect sensor (page 11 of the machine translation paragraph 3 teaches a hall effect sensor).
Regarding claim 18, Koki teaches a method of operating a concrete vibrator (figures 1-5, page 3 of machine translation last paragraph), the method comprising: sensing motor feedback information indicative of a position, velocity, or acceleration of a rotor of an electric motor (page 11 of machine translation, third paragraph teaches sensing the rotational position of the motor, the motor receives power from a battery and therefore is considered an electric motor); outputting a signal indicative of the motor feedback information to an electronic processor (page 11 of machine translation, fourth paragraph teaches a microcontroller and calculation unit controls the signal output circuit based on the rotation position of the motor); based on the motor feedback information, transmitting, by the electronic processor and via closed loop control, electrical current to the motor to maintain operation of the motor at a rotational speed set point (page 11 of the machine translation, fifth paragraph teaches constant speed control regardless of the load applied); and transmitting torque from the motor to a vibrator head of the concrete vibrator to cause the vibrator head to vibrate (page 6 of machine translation teaches that there is a relationship between the vibration frequency of the tip tool item 10 and the torque of the motor item 6).
Regarding claim 19, Koki teaches further comprising adjusting the rotational speed set point and an amount of electrical current transmitted to the motor based on input from a variable speed trigger (page 6 of the machine translation second paragraph teaches the rotation of the brushless motor may be changed according to the operation amount of the trigger switch).
Regarding claim 20, Koki teaches wherein the electrical current is transmitted through a power switching network including a plurality of field-effect transistors that are selectively activated by the electronic processor to control operation of the motor at the rotational speed set point (items Q1-Q6 switching elements, page 11 of machine translation paragraph 3 teaches items Q1-Q6 as field effect transistors).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 10, 11, 13, 14, 15, and 16, are rejected under 35 U.S.C. 103 as being unpatentable over Koki in view of Dong (KR100679277B1 cited in the IDS mailed 3/1/2024, a machine translation is provided)
Regarding claim 10, Koki teaches a concrete vibrator (Shown in figures 1-5) comprising: a housing (item 2) including a motor housing portion (item 2a); a motor positioned within the motor housing portion (item 6); a power source configured to provide power to the motor (item 4 battery pack provides power to item 6); and a whip assembly ((figure 1 item 10)) coupled at one end to the motor and an opposite end to a vibrator head (item 11) configured to receive torque from the motor through the whip assembly and cause the vibrator head to vibrate, the whip assembly including a flexible shaft coupled to the motor (see page 8 of the machine translation paragraph 4, flexible shaft item 13),a sheath surrounding the shaft (inner surface of item 10 is considered reading on a sheath which surrounds item 13). Regarding claim 10, Koki is silent to the means to inhibit deflection of the flexible shaft within the sheath. Regarding claim 10, Dong teaches a means to inhibit deflection of the flexible shaft within the sheath (page 7 of the machine translation, last paragraph item 230 inhibits the deflection of flexible shaft 210) of a concrete vibrator (see abstract which teaches a concrete vibrator). Regarding claim 10, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the sheath of Koki with the dampener of Dong in order to allow for better control of the vibrator by the user.
Regarding claim 11, Koki teaches wherein the shaft has an outer diameter and the sheath has an inner diameter corresponding to the outer diameter of the shaft (inner and outer surfaces of item 10 each have a diameter). Regarding claim 11, Koki is silent to wherein the shaft and the sheath each include a stepped diameter portion along a minority of the whip assembly, wherein the stepped diameter portion has a diameter different than the outer diameter and the inner diameter, and wherein the stepped diameter portion is configured to inhibit deflection of the flexible shaft within the sheath. Regarding claim 11, Dong teaches wherein the shaft and the sheath each include a stepped diameter portion along a minority of the whip assembly (diameter formed by item 230 which is only along a minority of the length of the shaft), wherein the stepped diameter portion has a diameter different than the outer diameter and the inner diameter (item 230 forms a diameter through which item 210 extends), and wherein the stepped diameter portion is configured to inhibit deflection of the flexible shaft within the sheath (item 230’s inner diameter inhibits the motion of item 210). Regarding claim 11, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the sheath of Koki with the dampener of Dong in order to allow for better control of the vibrator by the user.
Regarding claim 13, Koki teaches wherein the shaft and the sheath are circular in cross-sectional shape (items 10 and 13 have a cylindrical shape and have a circular cross section).
Koki is silent to the language of claim 14. Regarding claim 14, Dong teaches wherein the whip assembly further includes a bushing positioned between an interior of the sheath and an exterior of the shaft, and wherein the bushing is configured to inhibit deflection of the flexible shaft within the sheath (item 230 is considered reading on a bushing and inhibits motion of item 210). Regarding claim 14, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the sheath of Koki with the dampener of Dong in order to allow for better control of the vibrator by the user.
Koki is silent to the language of claim 15. Regarding claim 15, Dong teaches wherein the bushing is positioned at an intermediate position along a length of the shaft between the motor housing and the vibrator head (item 230 is between both ends of the concrete vibrator). Regarding claim 15, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the sheath of Koki with the dampener of Dong in order to allow for better control of the vibrator by the user.
Koki is silent to the language of claim 16. Regarding claim 16, Dong is silent to the positioning of item 230 being central. Regarding claim 16, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the sheath of Koki with the dampener of Dong in order to allow for better control of the vibrator by the user. Regarding claim 16, absent any unexpected results, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the location of the damper in order to obtain the desired degree of flexibility of the concrete vibrator since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Allowable Subject Matter
Claims 12 and 17 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 12, the prior art does not teach or fairly suggest the concrete vibrator with the three different diameters, wherein the outer diameter of the shaft is nominally larger than the remainder of the shaft and the inner diameter of the sheath is nominally smaller than the remainder of the sheath.
Regarding claim 17, the prior art does not teach or fairly suggest the concrete vibrator with the bushing clearance configuration.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANSHU BHATIA whose telephone number is (571)270-7628. The examiner can normally be reached Monday - Friday 11 a.m. to 7:30 p.m..
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, Claire Wang can be reached at (571)270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ANSHU BHATIA/Primary Examiner, Art Unit 1774
Prosecution Insights