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 .
Status of Claims
Claims 1, 3, 4, 8, 9, 10, 16, 17, 18, 19, and 20 have been amended. Claims 2 and 5 have been canceled. Claims 1, 3, 4, and 6-20 have been examined on the merits.
Response to Arguments
Applicant’s arguments, see pages 6-7, filed 09/11/2026, with respect to the previous 35 U.S.C. § 112(b) rejections are persuasive. The previous 35 U.S.C. § 112(b) rejections have been withdrawn.
With respect to the arguments of “Andrasic moreover teaches away from the circumferential groove and the free rotation that amended claim 1 recites” found on page 8, are not persuasive. The arguments are directed towards embodiments of asymmetrical shapes. The embodiment of rejection is of figures 6a and 6b and paragraph 0080, which has a symmetrical shape, and its shape is similar to the drawings of the instant application. Paragraph 0080’s above and below paragraphs of 0079 and 0081 explicitly disclose “rotation lock” and “anti-rotation”. Other embodiments explicitly the use of friction to prevent rotation or the use of a bayonet. Yet paragraph 0080 omits the feature/ requirement of preventing rotation. Further, all other disclosure regarding the embodiment comprising of adjustable ball/ set of balls, do not refer to the “rotation lock”, “anti-rotation”, or “friction”. Given the symmetry of the 6a/6b, the use of free-moving spherical locking mechanisms, and the omission of frictional elements, it can be reasonably inferred the handle is capable of rotation.
Applicant’s argument, see pages 7-9, filed 09/11/2026, with respect to the limitation of “the groove is a circumferential groove that extends circumferentially 360 degrees” is moot because the claim is new and the new grounds of rejection do not rely on the reference or combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. See below for the reasons of rejection.
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 1, 3, 4, and 6-20 are rejected under 35 U.S.C. 103 as being unpatentable over ANDRASIC (DE 102007052359 A1), Durieux (US 7503592 B2), and OTANI (US 20230064399 A1).
Referring to claim 1: ANDRASIC teaches a power tool (“hand-held machine tool” [0006]) comprising: a housing (“housing of the hand-held machine tool” [0006]);
a handle aperture (“recess… in the housing of the hand-held machine tool” [0006]; “at least one ball in the fixing position is either received in a recess of the recess or engages behind a component” [0014]) extending through at least a portion of the housing (“housing of the hand-held machine tool” [0006]); and an auxiliary handle (1 Figs. 6a and 6b; “The element 6 and the extension 5 together with the recess (not shown) for receiving the extension form fastening means 10 for detachably fastening the handle 1 designed as an additional handle” [0070]) selectively coupled to the housing via a quick-disconnect mechanism (10 Figs. 6a and 6b), the auxiliary handle (1 Figs. 6a and 6b) being at least partially insertable into the handle aperture (“wherein the at least one ball in the fixing position is either received in a recess of the recess or engages behind a component, preferably the recess, in a radial direction.” [0014]),
wherein the quick-disconnect mechanism (10 Figs. 6a and 6b) includes a sleeve (sleeve of 19 shown in Figs. 6a and 6b which retains 24) insertable into the handle aperture (“recess… in the housing of the hand-held machine tool” [0006]; “at least one ball in the fixing position is either received in a recess of the recess or engages behind a component” [0014]),
a pin (24 Figs. 6a and 6b) disposed within the sleeve (sleeve of 19 shown in Figs. 6a and 6b which retains 24) and axially slidable within the sleeve (sleeve of 19 shown in Figs. 6a and 6b which retains 24) along an auxiliary handle axis (Ax Fig. 1-A inserted below) between an extended position (extended position when 25 is actuated and 6 is inside the notch Nt of 24 shown in Figs. 1-A and 6b) and a retracted position (retracted position shown in Fig. 6b when 25 is unactuated and 24 biases 6 outwards and is not withdrawn into notch Nt Fig. 1-A inserted below),
a ball (6 Figs. 6a and 6b) disposed within a ball aperture (aperture which retains ball 6 shown in Fig. 6b) in the sleeve (sleeve of 19 shown in Figs. 6a and 6b which retains 24), the ball (6 Figs. 6a and 6b) being movable in a radial direction (shown in Figs. 6b and 1-A inserted below) relative to the auxiliary handle axis (Ax Fig. 1-A inserted below), and
an actuator (25 Figs. 6a and 6b) operable to move the pin (24 Figs. 6a and 6b) between the extended position (extended position when 25 is actuated and 6 is inside the notch Nt of 24 shown in Figs. 1-A and 6b) and the retracted position (retracted position shown in Fig. 6b when 25 is unactuated and 24 biases 6 outwards and is not withdrawn into notch Nt Fig. 1-A inserted below),
wherein the ball (6 Figs. 6a and 6b) is receivable within a groove (groove of recess of housing which secures 6; “The element 6 and the extension 5 together with the recess (not shown) for receiving the extension form fastening means 10 for detachably fastening the handle 1 designed as an additional handle” [0070]) of the handle aperture to couple the auxiliary handle (1 Figs. 6a and 6b) to the power tool when the pin (24 Figs. 6a and 6b) is in the retracted position (retracted position shown in Fig. 6b when 25 is unactuated and 24 biases 6 outwards and is not withdrawn into notch Nt Fig. 1-A inserted below), such that the auxiliary handle (1 Figs. 6a and 6b) is free to rotate (see symmetrical shape of mating portion (5), spherical locking mechanisms (6) shown in Figs. 6a and 6b, and omission of frictional, anti-rotation, and bayonet features, pertaining to this embodiment, of paragraph 0080) about the auxiliary handle axis (Ax Fig. 1-A inserted below) when the ball (6 Figs. 6a and 6b) is received within the groove (groove of recess of housing which secures 6; “The element 6 and the extension 5 together with the recess (not shown) for receiving the extension form fastening means 10 for detachably fastening the handle 1 designed as an additional handle” [0070]).
But is silent on the power tool specifically comprising; a motor disposed within the housing and operable to drive an output spindle; a main handle graspable by a user to maneuver the power tool; and wherein the groove is a circumferential groove that extends circumferentially 360 degrees.
Durieux teaches a similar configuration locking ball (11 Figs. 1 and 2) which are configured to be inserted in a similar configuration groove (5 Figs. 1 and 2) and wherein the groove (5 Figs. 1 and 2) is a circumferential groove (“internal annular groove 5” Col. 3, line 51) that extends circumferentially 360 degrees (“annular”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the groove of ANDRASIC with the shape as taught by Durieux for the purpose of having alternate mating surfaces which facilitates the insertion and locking in any direction, and since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04(IV)(B)
OTANI in an analogous power tool (1 Fig. 1) teaches specifically comprising; a motor (“motor (not shown)” [0028]) disposed within the similar configuration housing ( 2 Fig. 1; “motor housing 2” [0028]) and operable to drive an output spindle (4 Fig. 1); a main handle graspable (6 Fig. 1) by a user to maneuver the similar configuration power tool (1 Fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the power tool of ANDRASIC with the motor, spindle, and handle as taught by OTANI for the purpose of having the necessary components for operating the power tool.
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Referring to claim 3: ANDRASIC as modified teaches the power tool of claim 1, wherein the ball (6 Figs. 6a and 6b) is moved radially outward when the pin (24 Figs. 6a and 6b) is in the retracted position (retracted position shown in Fig. 6b when 25 is unactuated and 24 biases 6 outwards and is not withdrawn into notch Nt Fig. 1-A inserted above) and the ball (6 Figs. 6a and 6b) is aligned with a recess (Nt Fig. 1-A inserted above) when the pin is in the extended position (extended position when 25 is actuated and 6 is inside the notch Nt of 24 shown in Figs. 1-A and 6b), allowing the ball (6 Figs. 6a and 6b) to move radially inward.
Referring to claim 4: ANDRASIC as modified teaches the power tool of claim 1, further comprising a biasing member (17 Figs. 6a and 6b) configured to bias the actuator (25 Figs. 6a and 6b) to extend outward (17 biases 25 outward from the grip Gr shown in Fig. 1) from a grip (Gr Fig. 1-A inserted above) of the auxiliary handle (1 Figs. 6a and 6b).
Referring to claim 6: ANDRASIC as modified teaches the power tool of claim 1, but is silent on further comprising a gear case coupled to the housing, and wherein the handle aperture extends through the gear case.
OTANI in an analogous power tool (1 Fig. 1) teaches a gear case (3 Figs. 1-4) coupled to the similar configuration housing (2 Fig. 1; “motor housing 2” [0028]), and wherein the similar configuration handle aperture (11 Fig. 4) extends through (shown on either side of 3 in Fig. 4) the gear case (3 Figs. 1-4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the power tool of ANDRASIC with the gear case and handle aperture as taught by OTANI for the purpose of having the necessary structure and placement for handling the power tool with the auxiliary handle.
Referring to claim 7: ANDRASIC as modified teaches the power tool of claim 6, and teaches wherein the power tool further includes a second handle aperture (“the handle 1 can only be fixed in orientation to the hand-held power tool, namely in the mounting position shown and in a mounting position rotated by 180° to it” [0070]) extending through the gear case (3 Figs. 1-4 of OTANI) on an opposite side (“and in a mounting position rotated by 180° to it” [0070]).
But is silent on wherein the output spindle is disposed within the gear case and rotates about a drive axis, wherein the handle aperture is a first handle aperture disposed on one side of the drive axis, and wherein the power tool further includes a second handle aperture extending through the gear case on an opposite side of specifically the drive axis.
OTANI in an analogous power tool (1 Fig. 1) teaches wherein the output spindle (4 Fig. 1) is disposed within (“A spindle 4 protrudes downward from the gear housing 3” [0028]) the gear case (3 Fig. 1) and rotates about a drive axis (drive axis of 4 Fig. 1), wherein the handle aperture (11 on left Fig. 4) is a first handle aperture disposed on one side of the drive axis (drive axis of 4 Fig. 1), and wherein the power tool further includes a second handle aperture (11 on right Fig. 4) extending through the gear case (3 Fig. 1) on an opposite side of specifically the drive axis (drive axis of 4 Fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the power tool of ANDRASIC with the handle apertures as taught by OTANI for the purpose of accommodating suitable holding positions for both right handed and left handed users.
Referring to claim 8: ANDRASIC as modified teaches the power tool of claim 7, wherein the auxiliary handle (30 Fig. 1 of OTANI) is insertable into either the first
handle aperture (11 on left Fig. 4 of OTANI) or the second handle aperture (11 on right Fig. 4 of OTANI) along an auxiliary handle axis (axis of 30 Fig. 1 of OTANI) of the auxiliary handle (30 Fig. 1 of OTANI) that extends along a direction that is perpendicular (shown in Fig. 4 of OTANI) to the drive axis (drive axis of 4 Fig. 1).
Referring to claim 9: ANDRASIC as modified teaches the power tool of claim 8, wherein the main handle (6 Fig. 1 of OTANI) defines a
main handle axis (axis of 6 running from 3 to 7 Fig. 2 of OTANI) that extends along a direction that is perpendicular to the drive axis (drive axis of 4 Fig. 1) and the auxiliary handle axis (axis of 30 Fig. 1 of OTANI).
Referring to claim 10: ANDRASIC teaches an auxiliary handle (1 Figs. 6a and 6b; “The element 6 and the extension 5 together with the recess (not shown) for receiving the extension form fastening means 10 for detachably fastening the handle 1 designed as an additional handle” [0070]) for a handheld power tool (“recess… in the housing of the hand-held machine tool” [0006]), the power tool including a handle aperture (“recess… in the housing of the hand-held machine tool” [0006]; “at least one ball in the fixing position is either received in a recess of the recess or engages behind a component” [0014]) for receiving the auxiliary handle (1 Figs. 6a and 6b), the auxiliary handle comprising:
a grip (Gr Fig. 1-A inserted above); and
a quick-disconnect mechanism (10 Figs. 6a and 6b) configured to selectively couple (“wherein the at least one ball in the fixing position is either received in a recess of the recess or engages behind a component, preferably the recess, in a radial direction.” [0014]) the auxiliary handle to the power tool, the quick-disconnect mechanism (10 Figs. 6a and 6b) including
a sleeve (sleeve of 19 shown in Figs. 6a and 6b which retains 24),
a pin (24 Figs. 6a and 6b) disposed within the sleeve (sleeve of 19 shown in Figs. 6a and 6b which retains 24) and slidable relative to the sleeve along an auxiliary handle axis (Ax Fig. 1-A inserted above) between a retracted position and an extended position,
a ball (6 Figs. 6a and 6b) disposed within a ball aperture (aperture which retains ball 6 shown in Fig. 6b) in the sleeve, the ball (6 Figs. 6a and 6b) being movable in a radial direction (shown in Figs. 6b and 1-A inserted above) relative to the auxiliary handle axis (Ax Fig. 1-A inserted above), and
an actuator (25 Figs. 6a and 6b) operable to move the pin (24 Figs. 6a and 6b) between the retracted position (retracted position shown in Fig. 6b when 25 is unactuated and 24 biases 6 outwards and is not withdrawn into notch Nt Fig. 1-A inserted above) and
the extended position (extended position when 25 is actuated and 6 is inside the notch Nt of 24 shown in Figs. 1-A and 6b), wherein the ball is receivable within a groove (groove of recess of housing which secures 6; “The element 6 and the extension 5 together with the recess (not shown) for receiving the extension form fastening means 10 for detachably fastening the handle 1 designed as an additional handle” [0070]) of the handle aperture to couple the auxiliary handle (1 Figs. 6a and 6b) to the power tool when the pin (24 Figs. 6a and 6b) is in the retracted position (retracted position shown in Fig. 6b when 25 is unactuated and 24 biases 6 outwards and is not withdrawn into notch Nt Fig. 1-A inserted above), such that the auxiliary handle (1 Figs. 6a and 6b) is free to rotate (see symmetrical shape of mating portion (5), spherical locking mechanisms (6) shown in Figs. 6a and 6b, and omission of frictional, anti-rotation, and bayonet features, pertaining to this embodiment, of paragraph 0080) about the auxiliary handle axis (Ax Fig. 1-A inserted above) when the ball (6 Figs. 6a and 6b) is received within the groove (groove of recess of housing which secures 6; “The element 6 and the extension 5 together with the recess (not shown) for receiving the extension form fastening means 10 for detachably fastening the handle 1 designed as an additional handle” [0070]).
But is silent on the handheld power tool specifically having a main handle; and wherein the groove is a circumferential groove that extends circumferentially 360 degrees.
Durieux teaches a similar configuration locking ball (11 Figs. 1 and 2) which are configured to be inserted in a similar configuration groove (5 Figs. 1 and 2) and wherein the groove (5 Figs. 1 and 2) is a circumferential groove (“internal annular groove 5” Col. 3, line 51) that extends circumferentially 360 degrees (“annular”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the groove of ANDRASIC with the shape as taught by Durieux for the purpose of having alternate mating surfaces which facilitates the insertion and locking in any direction, and since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04(IV)(B)
OTANI in an analogous power tool (1 Fig. 1) teaches specifically comprising having a main handle (6 Fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the power tool of ANDRASIC with the handle as taught by OTANI for the purpose of having the necessary components for operating the power tool.
Referring to claim 11: ANDRASIC as modified teaches the auxiliary handle of claim 10, wherein the quick-disconnect mechanism further includes a biasing member (17 Figs. 6a and 6b) configured to bias the actuator (25 Figs. 6a and 6b) to extend outward (17 biases 25 outward from the grip Gr shown in Fig. 1) from the grip (Gr Fig. 1-A inserted above), moving the pin (24 Figs. 6a and 6b) to the retracted position (retracted position shown in Fig. 6b when 25 is unactuated and 24 biases 6 outwards and is not withdrawn into notch Nt Fig. 1-A inserted above).
Referring to claim 12: ANDRASIC as modified teaches the auxiliary handle of claim 11, wherein the biasing member (17 Figs. 6a and 6b) biases the pin (24 Figs. 6a and 6b) to the retracted position (retracted position shown in Fig. 6b when 25 is unactuated and 24 biases 6 outwards and is not withdrawn into notch Nt Fig. 1-A inserted above).
Referring to claim 13: ANDRASIC as modified teaches the auxiliary handle of claim 10, wherein the quick-disconnect mechanism is moveable between a locked position (locked position when 24 biases 6 outwards shown in Figs. 6b and 1-A inserted above), in which the pin (24 Figs. 6a and 6b) is in the retracted position (retracted position shown in Fig. 6b when 25 is unactuated and 24 biases 6 outwards and is not withdrawn into notch Nt Fig. 1-A inserted above) and the ball (6 Figs. 6a and 6b) is forced radially outward due to mechanical interference (mechanical interference of 24 shown in Fig. 6b) with the pin (24 Figs. 6a and 6b), and an unlocked position (unlocked position which 6 is inside the notch Nt of 24 shown in Figs. 1-A and 6b), in which the pin is in the extended position (extended position when 25 is actuated and 6 is inside the notch Nt of 24 shown in Figs. 1-A and 6b) and the ball is aligned with a recess (Nt Fig. 1-A inserted above) in the pin (24 Figs. 6a and 6b), allowing the ball (6 Figs. 6a and 6b) to move radially inward (inward towards Nt Fig. 1-A inserted above).
Referring to claim 14: ANDRASIC as modified teaches the auxiliary handle of claim 13, wherein a distal end (distal end of 19) of the sleeve (sleeve of 19 shown in Figs. 6a and 6b which retains 24) is receivable in the handle aperture (“recess… in the housing of the hand-held machine tool” [0006]; “at least one ball in the fixing position is either received in a recess of the recess or engages behind a component” [0014]) when the quick-disconnect mechanism (10 Figs. 6a and 6b) is in the unlocked position (unlocked position which 6 is inside the notch Nt of 24 shown in Figs. 1-A and 6b), at which point the handle aperture exerts a force (the aperture exerts a force on the ball 6 if is seated along Ra Fig. 1-A inserted above causing the ball to move further inwards) on the ball (6 Figs. 6a and 6b) to move the ball radially inward into the recess (Nt Fig. 1-A inserted above).
Referring to claim 15: ANDRASIC as modified teaches the auxiliary handle of claim 10, wherein the ball (6 Figs. 6a and 6b) is past flush (shown in Fig. 6b) relative to the sleeve (sleeve of 19 shown in Figs. 6a and 6b which retains 24) when the pin is in the retracted position (retracted position shown in Fig. 6b when 25 is unactuated and 24 biases 6 outwards and is not withdrawn into notch Nt Fig. 1-A inserted above), and wherein the ball (6 Figs. 6a and 6b) is at least flush (when seated and withdrawn flush with sleeve of 19) relative to the sleeve (sleeve of 19 shown in Figs. 6a and 6b which retains 24) when the pin (24 Figs. 6a and 6b) is in the extended position (extended position when 25 is actuated and 6 is inside the notch Nt of 24 shown in Figs. 1-A and 6b).
Referring to claim 16: ANDRASIC as modified teaches the auxiliary handle of claim 10,
wherein the grip (Gr Fig. 1-A inserted above) is disposed around at least a portion of the sleeve (sleeve of 19 shown in Figs. 6a and 6b which retains 24) such that a distal end of the sleeve extends beyond the grip (Gr Fig. 1-A inserted above), and wherein the ball (6 Figs. 6a and 6b) is disposed at the distal end of the sleeve (sleeve of 19 shown in Figs. 6a and 6b which retains 24).
Referring to claim 17: ANDRASIC as modified teaches the auxiliary handle of claim 10, but is silent on wherein the auxiliary handle axis is perpendicular to a main handle axis of the main handle when the auxiliary handle is received within the handle aperture.
OTANI in an analogous power tool (1 Fig. 1) teaches wherein the similar configuration auxiliary handle axis (axis of 30 Fig. 1) is perpendicular to a main handle axis (axis of 6 running from 4 to 7 Fig. 1) of the main handle (6 Fig. 1) when the auxiliary handle (30 Fig. 1) is received within the similar configuration handle aperture (11 Fig. 4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the power tool of ANDRASIC with the perpendicular handles as taught OTANI for the purpose of improving the handling of the power tool in both lateral and longitudinal directions.
Referring to claim 18: ANDRASIC as modified teaches the auxiliary handle of claim 10, wherein when the auxiliary handle (1 Figs. 6a and 6b) is coupled to the power tool (“hand-held machine tool” [0006]), the auxiliary handle is free to rotate (the handle is capable of rotating place via the spherical balls 6 either in the coupled recess of the housing or via the circumferential notch Nt; “wherein the at least one ball in the fixing position is either received in a recess of the recess or engages behind a component, preferably the recess, in a radial direction” [0014]) about the auxiliary handle axis (Ax Fig. 1-A inserted above) without translating (when handle 1 is fixed and not translating along the axis Ax) along the auxiliary handle axis.
Referring to claim 19: ANDRASIC as modified teaches the auxiliary handle of claim 10, wherein the actuator (25 Figs. 6a and 6b) moves along the auxiliary handle axis (Ax Fig. 1-A inserted above).
Referring to claim 20: ANDRASIC teaches a power tool (“hand-held machine tool” [0006]) comprising:
a housing (“housing of the hand-held machine tool” [0006]);
an auxiliary handle (1 Figs. 6a and 6b; “The element 6 and the extension 5 together with the recess (not shown) for receiving the extension form fastening means 10 for detachably fastening the handle 1 designed as an additional handle” [0070]) selectively coupled to the housing via a quick-disconnect mechanism (10 Figs. 6a and 6b), the quick-disconnect mechanism including
a sleeve (sleeve of 19 shown in Figs. 6a and 6b which retains 24),
a pin (24 Figs. 6a and 6b) disposed within the sleeve and slidable relative to the sleeve along an auxiliary handle axis (Ax Fig. 1-A inserted above) between a retracted position (retracted position shown in Fig. 6b when 25 is unactuated and 24 biases 6 outwards and is not withdrawn into notch Nt Fig. 1-A inserted above) and an extended position (extended position when 25 is actuated and 6 is inside the notch Nt of 24 shown in Figs. 1-A and 6b),
a ball (6 Figs. 6a and 6b) disposed within a ball aperture (aperture which retains ball 6 shown in Fig. 6b) in the sleeve (sleeve of 19 shown in Figs. 6a and 6b which retains 24), the ball (6 Figs. 6a and 6b) being movable in a radial direction (shown in Figs. 6b and 1-A inserted above) relative to the auxiliary handle axis (Ax Fig. 1-A inserted above), and
an actuator (25 Figs. 6a and 6b) operable to move the pin (24 Figs. 6a and 6b) between the retracted position and the extended position, wherein the ball (6 Figs. 6a and 6b) is receivable within a groove (groove of recess of housing which secures 6; “The element 6 and the extension 5 together with the recess (not shown) for receiving the extension form fastening means 10 for detachably fastening the handle 1 designed as an additional handle” [0070]) of the housing to couple the auxiliary handle (1 Figs. 6a and 6b) to the power tool when the pin (24 Figs. 6a and 6b) is in the retracted position (retracted position shown in Fig. 6b when 25 is unactuated and 24 biases 6 outwards and is not withdrawn into notch Nt Fig. 1-A inserted above), such that the auxiliary handle (1 Figs. 6a and 6b) is free to rotate (see symmetrical shape of mating portion (5), spherical locking mechanisms (6) shown in Figs. 6a and 6b, and omission of frictional, anti-rotation, and bayonet features, pertaining to this embodiment, of paragraph 0080) about the auxiliary handle axis (Ax Fig. 1-A inserted below) when the ball (6 Figs. 6a and 6b) is received within the groove (groove of recess of housing which secures 6; “The element 6 and the extension 5 together with the recess (not shown) for receiving the extension form fastening means 10 for detachably fastening the handle 1 designed as an additional handle” [0070]).
But is silent on a motor disposed within the housing;
a main handle graspable by a user to maneuver the power tool; and wherein the groove is a circumferential groove that extends circumferentially 360 degrees.
OTANI in an analogous power tool (1 Fig. 1) teaches a motor (“motor (not shown)” [0028]) disposed within the similar configuration housing (2 Fig. 1; “motor housing 2” [0028]);
a main handle (6 Fig. 1) graspable by a user to maneuver the similar configuration power tool (1 Fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the power tool of ANDRASIC with the motor and handle as taught by OTANI for the purpose of having the necessary components for operating the power tool.
Durieux teaches a similar configuration locking ball (11 Figs. 1 and 2) which are configured to be inserted in a similar configuration groove (5 Figs. 1 and 2) and wherein the groove (5 Figs. 1 and 2) is a circumferential groove (“internal annular groove 5” Col. 3, line 51) that extends circumferentially 360 degrees (“annular”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the groove of ANDRASIC with the shape as taught by Durieux for the purpose of having alternate mating surfaces which facilitates the insertion and locking in any direction, and since such a modification would have involved a mere change in the form or shape of a component. A change in form or shape is generally recognized as being within the level of ordinary skill in the art. MPEP 2144.04(IV)(B)
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 CHRISTOPHER SOTO whose telephone number is (571)272-8172. The examiner can normally be reached Monday-Friday, 8a.m. - 5 p.m..
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CHRISTOPHER SOTO
Examiner
Art Unit 3723
/CHRISTOPHER SOTO/Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723
Prosecution Insights