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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the illuminating lamp and light penetrating opening recited in claim 6 must be shown or the features canceled from the claim. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
Paragraph [0079]: the sentences beginning “a user may place…” is a run-on sentence. At least one period or semi-colon should be added. The Examiner suggests a semi-colon instead of the first comma of the sentence, and a period in between “the storage member 200” and “by this arrangement”.
Paragraph [0079]: “can be got quickly” is idiomatic and informal phrasing. The Examiner suggest replacing with “can be retrieved quickly”.
Paragraph [81]: There should be a colon (rather than a comma) in between “….may also be the following mode” and “that is, the storage member is mounted on…”
Paragraph [0088]: The Examiner suspects the “handle extension edge 2212” recited twice the first sentence should not include the reference character. While the rest of the sentence describes a limitation of the hand-held electric power tool, reference character “2212” corresponds to the extension edge of the binding portion of the storage member of the replacement head external hanging device.
Paragraph [0090]: There should be a colon (rather than a comma) in between “….and the fourth side edge 132” and “that is, the storage member 200 may be mounted on…”
Paragraph [0096]: There should be a semi-colon (rather than a comma) in between “….far away from the storage portion 210 ” and “two protruding edges 2214…”.
Paragraph [0097]: The Examiner suspects that “the first tightening edge” should be “the first binding edge” (occurs twice in the paragraph). See the claim 11 objection below for further description.
Paragraph [100]: “easy to be hidden” should be changed to “easily hidden”.
Appropriate correction is required.
Claim Objections
Claim 9 is objected to because of the following informality: “the other end” (line 12) lacks antecedent basis and should be changed to “another end” or “a second end”.
Claim 11 is objected to because of the following informalities:
Line 5: “the other side” lacks antecedent basis and should be changed to “another side” or “a second side”.
Lines 23-24: Based on the drawings, the Examiner believes that “the first tightening edge” should be “the first binding edge”. The Examiner has interpreted the last limitation of this claim to mean that the two ends of the binding portion of the storage member are mirror constructions of each other. Thus, it would not make sense for the second binding edge to be structured like the first tightening edge, which is a part of binding mounting belt and not the storage member. Appropriate correction is required.
Claim Interpretation
Some phrases in the claims and disclosure have been used outside of their common English meanings. For clarity, the Examiner’s interpretations of these phrases are highlighted below:
“tightens” and “by tightening” has been interpreted to mean secured so that the element is immobile.
“A magnetic member capable of adsorbing a ferromagnetic substance” has been interpreted as referring to an area holding a magnet or a magnetized surface.
“An avoidance opening” has been interpreted as meaning an opening through which an element can move or pass.
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 9 and 11 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.
Claim 9 recites the limitation "the magnetic member " in line 13. There is insufficient antecedent basis for this limitation in the claim. The magnetic member is defined in claim 8, on which claim 9 does not depend. For the purposes of examination, the Examiner has interpreted the claim as if claim 9 were dependent upon claim 8 rather than claim 6.
Claim 9 further recites “the connecting member” in line 14. There is insufficient antecedent basis for this limitation in the claim or any other claim. It is not clear from the specification or drawings whether the “the connecting member” is a typo intending to refer to the connecting buckle or the connecting edge, or if the “connecting member” is a third separate element. This ambiguity renders claim 9 indefinite as the metes and bounds of “the connecting member” are unclear. For the purposes of examination, the Examiner has interpreted “the connecting member” to be any portion of the connecting buckle that is not the first or second connecting hook.
Claim 11 recites the limitation “two ends” in lines 8 and 11. Neither instance includes an article (“a” or “the”), and thus, it is not clear if the second instance of “two ends” is referring to the same two ends or a different two ends as the first. This ambiguity renders claim 11 indefinite as the metes and bounds of “two ends” are unclear. For the purposes of examination, the Examiner has interpreted each instance of “two ends” to be referring to the same two ends.
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, 12, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yaski (US 12,023,795 B1). For clarity, bolded text indicates claim language.
[Claim 1] Yaski teaches: A replacement head external hanging device (Abstract) used for being mounted on a hand-held electric power tool (Fig. 3 and 6d), wherein the replacement head external hanging device comprises:
a binding mounting belt (Fig. 6-6e, element 32), wherein the binding mounting belt is configured to be wound on the hand-held electric power tool (col. 6, lines 4-7); and
a storage member (Fig. 3, element 2), wherein the storage member is provided with a storage portion (col. 5, lines 26-28), the storage portion is configured to store and place a replacement head (Fig. 1, element 10; col. 6, lines 38-41), and the storage member (Fig. 3, element 2) is mounted (Fig. 2, element 22; col. 7, lines 40-47) on the hand-held electric power tool (Fig. 6-6e) through the binding mounting belt (Fig. 6a, element 40).
[Claim 2] Yaski further teaches: The replacement head external hanging device according to claim 1, wherein the binding mounting belt (Fig. 6-6e, element 32) is an elastic belt (col. 8, lines 21-23).
[Claim 12] Yaski further teaches: The replacement head external hanging device according to claim 1, wherein the storage portion (col. 5, lines 26-28) is provided with at least one storage hole (Fig. 1 and 3, element 10); and
the storage hole is configured to insert and store the replacement head (Fig. 3; col. 6, lines 32-35).
[Claim 14] Yaski further teaches: A hand-held electric power tool assembly (Fig. 6-6e), comprising a hand-held electric power tool (Fig. 6-6e; col. 5, lines 40-41) and the replacement head external hanging device according to claim 1 (Fig. 6d, elements 32 and 2), wherein:
the binding mounting belt (Fig. 6-6e, element 32) of the replacement head external hanging device is wound on the hand-held electric power tool (col. 6, lines 4-7), and the storage member (Fig. 3, element 2) of the replacement head external hanging device is mounted (Fig. 2, element 22; col. 7, lines 40-47) on the hand-held electric power tool through the binding mounting belt (Fig. 6d, element 40).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3, 4, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Yaski (US 12,023,795 B1) as applied to claim 1 above, and further in view of Nicholson (US 10,010,138 B1). For clarity, bolded text indicates claim language.
[Claim 3] Yaski teaches: The replacement head external hanging device according to claim 1, wherein the storage member (Yaski, Fig. 1 and 2, element 2) is provided with a binding portion (Yaski, Fig. 2, element 22);
the binding mounting belt (Yaski, Fig. 6-6e, element 32) is provided with a tightening edge (Yaski, Fig. 6a, element 40), and the tightening edge tightens and fixes the binding portion to the hand-held electric power tool (Yaski, Fig. 6d, col. 8, lines 33-35); and
the binding portion (Yaski, Fig. 2, element 22) of the storage member is tightened and fixed through the tightening edge (Yaski, Fig. 6a, element 40), so that the storage member is mounted on the hand-held electric power tool (Yaski, col. 7, lines 40-47).
However, Yaski does not teach that the tightening edge tightens and fixes the binding portion between the tightening edge and the hand-held electric power tool (underline added by Examiner for emphasis). Nicholson teaches a rigid plate with hooked ends intended to secure an elastic band (Nicolson, Abstract). More specifically, Nicholson teaches a mounting plate (Nicholson, Fig. 3, element 32) with a binding portion (Nicholson, Fig. 3, element 32, 381 and 42) and a binding belt with a tightening edge (Nicholson, Fig. 3, element 46) wherein the tightening edge is looped over the binding portion (Nicholson, col. 3, lines 63-65) so that the binding portion is tightened and fixed between the tightening edge (Nicholson, Fig. 1, elements 32 and 46) and a surface.
Nicholson is considered to be analogous to the claimed invention because it solves the same problem of tightening and fixing the binding portion of a plate between the tightening edge of a belt and a surface. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to substitute or augment the Velcro attachment of Yaski (Yaski, Fig. 2, element 22) with the aperture (Nicholson, Fig. 3, element 38) and inlet neck (Nicholson, Fig. 3, element 42) of Nicholson to create a binding portion that can be secured between the tightening edge (Yaski, Fig. 6a, elements 34 and 38) and the hand-held electric power tool (Yaski, unlabeled in Fig. 6a) of Yaski. This substitution would be advantageous as the elastic tightening edge pressed against the binding portion would ensure that the relative position of the binding portion was fixed after placement.
[Claim 4] Yaski in view of Nicholson further teaches: The replacement head external hanging device according to claim 3, wherein the tightening edge comprises a first tightening edge (Yaski, Fig. 6a, element 38) and a second tightening edge (Yaski, Fig. 6a, element 34).
Nicholson further teaches that the binding portion (Nicholson, Fig. 3 elements 32, 38 and 42) comprises a first binding edge (Nicholson, Fig. 1, element 36) and a second binding edge (Nicholson, Fig. 1, element 34), the first binding edge and the second binding edge are located on two opposite sides (Nicholson, col. 3, lines 33-35) of the rigid plate, the first binding edge is tightened between the first tightening edge and the surface (Nicholson, col. 4, lines 66-67), and the second binding edge is tightened between the second tightening edge and the surface (Nicholson, col. 5, lines 3-5). Applying Nicholson’s method of tightening to the tightening edges and binding portions of Yaski would secure the storage member to the handheld electric power tool.
[Claim 10] Yaski in view of Nicholson teaches: The replacement head external hanging device according to claim 4. Nicholson further teaches that the binding portion (Nicholson, Fig. 3, elements 32, 38, 42) further comprises a connecting portion (Nicholson, Fig. 3, element 32);
the first binding edge (Nicholson, Fig. 1, element 36) and the second binding edge (Nicholson, Fig. 1, element 34) are respectively connected to two opposite sides of the connecting portion (Nicholson, col. 3, lines 33-35).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to combine the Velcro attachments of Yaski (Yaski, Fig. 2, element 22) with connecting portion of Nicholson (Nicholson, Fig. 3, element 38) so that the storage portion (Yaski, Fig. 3, element 2) was connected to the connecting portion (akin to the connection between the first section 40 and adhesive straps 22 on the storage belt 2 disclosed in Yaski). This combination would be advantageous as it would allow the storage member to be attached and detached from the hand-held electric power tool without removing the binding mounting belt.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Yaski (US 12,023,795 B1) as applied to claim 12 above, and further in view of Fedrigon et al. (US 2025/0121487 A1). For clarity, bolded text indicates claim language.
[Claim 13] Yaski teaches: The replacement head external hanging device according to claim 12. However, Yaski does not teach that a middle portion of the storage hole (Yaski, Fig. 1 and 3, element 10) is provided with an avoidance opening. Fedrigon et al. teaches “an accessory mounting platform for a tool … including a rail… to receive an accessory” (Fedrigon et al., Abstract). More specifically, Fedrigon et al. teaches a storage portion (Fedrigon et al., Fig. 21, element 102) with at least one storage hole (Fedrigon et al., Fig. 11, element 188) wherein a middle portion of the storage hole is provided with
PNG
media_image1.png
414
549
media_image1.png
Greyscale
an avoidance opening (Fedrigon et al., Fig. 11, element 200); and
when a plurality of storage holes (Fedrigon et al., Fig. 11, element 200) are provided, the plurality of storage holes are distributed at intervals in a first direction (Fedrigon et al., annotated in Fig. 11 above), the avoidance opening (Fedrigon et al., Fig. 11, element 180) of each storage hole is penetrated (Fedrigon et al., paragraph [0098]), and the first direction is perpendicular to an axial direction (Fedrigon et al., annotated in Fig. 11 below) of the storage hole (the first direction and axial direction form a right angle relative to each other because the storage holes are aligned next to each other horizontally and receive a replacement head vertically).
Fedrigon et al. is considered to be analogous to the claimed invention because it is in the same field of auxiliary replacement head storage removably attached to a hand-held electric power tool. Thus, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the storage holes (Yaski, Fig. 1 and 3, element 10) in the storage portion (Yaski, Fig. 2 and 3, element 2) of Yaski so that they included avoidance openings as taught by Fedrigon et al. This modification would be advantageous as it would allow a person using the hand-held electric power tool more flexibility in how replacement heads were placed in or removed from the storage portion.
Allowable Subject Matter
Claims 5, 6, 7, 8, 9, and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten to overcome all 112 rejections and in independent form including all of the limitations of the base claim and any intervening claims. For clarity, bolded text indicates claim language.
[Claim 5] Although Yaski teaches a hand-held electric power tool and a binding mounting belt with a first mounting opening and second mounting opening, the prior art of reference does not teach that the binding belt body is sleeved on a junction od the handle portion and the main body portion or that the connecting buckle connects to ends of the binding belt body in the length direction.
[Claim 6] Although many prior art references teach a handle extension edge and an illuminated lamp, none of the prior art made of reference teach a light penetration opening arranged between the first mounting opening and second mounting opening of a binding belt body of a binding mounting belt. Claim 6 further includes allowable subject matter as it is dependent upon a claim that include allowable subject matter.
[Claim 7] None of the prior art made of record does teaches that the binding belt body is provided with a third mounting opening. Claim 7 further includes allowable subject matter as it is dependent upon a claim that include allowable subject matter.
[Claims 8 and 9] Although Yaski teaches that the storage member of the replacement head external hanging devices contains a magnetic member, the prior art made of record does not teach that the connecting buckle of a binding mounting belt is provided with a magnetic member. Claims 8 and 9 further includes allowable subject matter as they are dependent upon claims that include allowable subject matter.
[Claim 11] Nicholson teaches that the first binding edge comprises an arc-shaped edge, an extension edge and a blocking protrusion. However, the prior art made of record does not teach an arc-shaped edge wherein an opening of the arc-shaped edge faces away from the hard-held electric power tool.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Blake (US 6,729,480 B1) teaches a strap with pockets for mounting bits that twists around the handle and butt of a handheld power tool.
Brauer (US 8,066,268 B2) teaches a drill bit holder that has two straps that wrap vertically around the main body of a handheld power tool.
Pingitore (US 2019/0275664 A1) teaches mounting straps that may be attached horizontally on a power tool body and a mounting plate that may be connected to the straps via slots, sleeves, hooks, or the like.
Dagnan, III et al. (US 10,183,394, B1) teaches a pouch for holding drill bits that is attached via straps to a belt that wraps around a power tool.
Curchod (US 2020/0055176 A1) teaches a holder for drill bits that can be attached to the base of an electric drill via straps.
Judd (US 7,882,600 B2) teaches a cable organizer with a connecting clip with first and second hooks that point opposite directions.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Emily M Culley whose telephone number is 571-270-0560. The examiner can normally be reached Monday - Friday: 8:00 am to 5:00 pm.
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, Terrell McKinnon can be reached at 571-272-4797. 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.
/EMC/Examiner,Art Unit 3632
/TERRELL L MCKINNON/Supervisory Patent Examiner, Art Unit 3632
1 An element of the binding portion, (called the “aperture” by Nicholson) is mislabeled as “39” in Fig. 3, but is properly labeled as “38” in the specification and other drawings.
Prosecution Insights