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 . Claims 1-16 are pending in the current application.
Drawings
The drawings are objected to because the view numbers must be larger than the numbers used for reference characters. See 37 C.F.R. 1.84(u)(2).
Claim Objections
Regarding Claim 6, line 2, perhaps the language “present arranged” should be changed to “arranged.”
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(B) CONCLUSION. - The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 4, 6, 10, 11, 15, and 16, are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Each of Claims 4, 15, and 16, are rejected since the term “if” is indefinite.
Regarding Claim 6, there is no antecedent basis for the language “first side (26) of the pivot point” recited in lines 3-4.
Regarding Claim 10, the language “embodied in a manner corresponding thereto” is indefinite.
Claim Rejections - 35 USC § 102
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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 7-9, 13, and 14, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blatz et al. (PCT Pat. No. WO 2018/077929 A1, hereinafter “Blatz”).
Specifically, regarding Claim 1, Blatz discloses a switch (1) for a power tool, the switch comprising: a printed circuit board (p. 2, ll. 27-29), and a silicone layer (3; p. 6, ll. 9-12), the printed circuit board having a first microswitch (17), the silicone layer (3) having a blocking switch (6, 40; FIGS. 1 and 2), the silicone layer (3) being arranged on the printed circuit board (p. 2, ll. 27-29) such that an actuation of the blocking switch (6, 40) leads to an actuation of the first microswitch (17).
Regarding Claim 2, Blatz discloses that the printed circuit board has a second microswitch (18), and the silicone layer (3) has a membrane (the elastic areas of the silicone layer 3, which enclose the protrusion 7, are thin and can be considered a membrane), the silicone layer (3) being arranged on the printed circuit board such that an actuation of the membrane ((the elastic areas of the silicone layer 3, which enclose the protrusion 7, are also actuated when the protrusion 7 is actuated) leads to an actuation of the second microswitch (18).
Regarding Claim 7, Blatz discloses that an actuation of the blocking switch (6, 40) or of the first microswitch (17) leads to unblocking of the power tool, such that the power tool can be switched on (inherently disclosed, e.g., at FIG. 1).
Regarding Claim 8, Blatz discloses that an unblocked state of the power tool is activated by an actuation of the blocking switch (6, 40) or of the first microswitch (inherently disclosed, e.g., at FIG. 1).
Regarding Claim 9, Blatz discloses that the unblocked state of the power tool is deactivated after a predefined time period has elapsed (3-5 seconds, see p. 8, ll. 9-31).
Regarding Claim 13, Blatz discloses a deactivator (7, 50) enabling an unblocked state of the power tool to be deactivated (FIGS. 1, 2).
Regarding Claim 14, Blatz inherently discloses a method for switching on a power tool, the power tool having the switch as recited in claim 1, the method comprising: actuating the blocking switch (6, 40) to actuate the first microswitch (17; see, e.g., the rejection of Claim 1 above).
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.
Claims 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Blatz in view of Yamashita et al. (U.S. Pat. Pub. No. 2017/0144289 A1, hereinafter “Yamashita”).
Blatz discloses substantially all of the limitations of the present invention and further discloses (i) the substantially exposed second microswitch (18; FIG. 2), as recited in Claim 3, and (ii) that an actuation of the membrane (the elastic areas of the silicone layer 3, which enclose the protrusion 7) or of the second microswitch (18) is effected by an actuation of a gun handle section (the surface of the protrusion 7 is located in the handle of the machine tool, this handle being readily referred to as a pistol grip), as recited in Claim 5. Blatz does not disclose the claimed lever.
However, Yamashita discloses (i) a microswitch (2A) being actuated by a switching section of a rotary lever (20A; FIG. 3), as recited in Claim 3, and (ii) the gun handle section being present arranged on a second side of a rotary lever of the switch (Yamashita discloses a switch 2A for a machine tool, which is actuated by a pivot button 20A, wherein the pivot button can be considered a rotary lever, and the actuating surface 201A can be considered a “second side”), as recited in Claim 5. Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Yamashita with those of Blatz to provide both increased means of and ease of actuation.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Blatz in view of Liebert et al. (U.S. Pat. Pub. No. 2008/0011592 A1, hereinafter “Liebert”).
Blatz discloses substantially all of the limitations of the present invention and further discloses the substantially exposed second microswitch (18; FIG. 2), but does not disclose the claimed unblocking device. However, Liebert discloses an unblocking device (16; FIG. 2), the unblocking device having to be actuated in addition to the first microswitch (8, 10) in order to activate an unblocked state of the power tool (2; FIG. 2). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Liebert with those of Blatz to prevent inadvertent device actuation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Robotham (U.S. Pat. No. 4,006,334) discloses an on/off switch design that can be used in electric power tools, where the power is normally off and further cannot be shifted on unless a switch actuating element is first manipulated.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY R. JIMENEZ whose telephone number is 313-446-6518. The examiner can normally be reached Monday through Thursday, 1030am - 9pm. 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, Renee Luebke, can be reached at (571) 272-2009. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY R JIMENEZ/Primary Examiner, Art Unit 2831
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