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 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 8, 9, and 16-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites: “extends along a direction that is perpendicular to the first axis”. As claimed, it is unclear which axis is being referred to. As best understood, the “first axis” is referring to the “drive axis” of claim 7, and has been interpreted as so.
Claim 9 recites: “is perpendicular to the first axis and the second axis”. As claimed, it is unclear which “second axis” is being referred to. As best understood, the “second axis” is referring to the axes of either auxiliary handle, and has been interpreted as so.
Claim 16, which depends on claim 10, recites: “further including an auxiliary handle axis along which the pin moves”. Claim 10 introduces “an auxiliary handle axis”, and therefore is unclear if claim 16’s axis is referring to the same or another axis. For examination purposes, and as best understood, claim 16’s axis has been construed as “further including the auxiliary handle axis along which the pin moves”.
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over ANDRASIC (DE 102007052359 A1) 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]).
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.
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.
Referring to claim 2: ANDRASIC as modified teaches the power tool of claim 1, 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).
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Referring to claim 3: ANDRASIC as modified teaches the power tool of claim 2, 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 2, 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 5: ANDRASIC as modified teaches the power tool of claim 2, 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 when the sleeve (sleeve of 19 shown in Figs. 6a and 6b which retains 24) is inserted 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]), thereby coupling the auxiliary handle (1 Figs. 6a and 6b) to the power tool.
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 first 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 third axis (third axis of 6 running from 3 to 7 Fig. 2 of OTANI) extends along a direction that is perpendicular to the first axis (drive axis of 4 Fig. 1) and the second 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).
But is silent on the handheld power tool specifically having a main handle.
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, further including an auxiliary handle axis (Ax Fig. 1-A inserted above) along which the pin (24 Figs. 6a and 6b) moves 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 above).
Referring to claim 17: ANDRASIC as modified teaches the auxiliary handle of claim 16, 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 16, 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 16, 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).
But is silent on a motor disposed within the housing;
a main handle graspable by a user to maneuver the power tool.
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.
Conclusion
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
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