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 .
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.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 15/045,609, filed on 5/5/2016.
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 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over US 20130033134 A1 to Naito et al. in view of DE 102012216496 A1 to Bekavac.
Regarding claim 1, Naito et al. discloses a tool comprising:
a brushless motor (Fig. 1: 2) that includes a stator and a rotor provided in the stator;
an outer motor housing (10), the outer motor housing being assembled with a pair of half housings [0034];
a handle housing (12) that is integrally formed with the outer motor housing and assembled with a pair of half housings [0034];
a battery mounting portion (below 12) disposed on a lower end of the handle housing;
a gear (6) that is rotated by the rotor; and
a slider (7) that is reciprocated by rotation of the gear.
However, it fails to disclose an inner motor housing that is an integrally molded cylinder and that houses the brushless motor; an outer motor housing that is provided outside of the inner motor housing and separately from the inner motor housing.
Bekavac teaches an inner motor housing [0039] that is an integrally molded cylinder and that houses the brushless motor (Fig. 1: 20); an outer motor housing (14) that is provided outside of the inner motor housing and separately from the inner motor housing [0039].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of the inner motor housing as disclosed by Bekavac to the tool disclosed by Naito et al.
One would have been motivated to do so to protect the components of the motor.
Regarding claim 8, Naito et al. discloses a tool comprising:
a brushless motor (Fig. 1: 2) that includes a stator and a rotor provided in the stator;
a bearing holder (30) for holding a bearing of the rotor;
a left side half housing and a right side half housing that are assembled with each other [0034];
an outer motor housing (10), the outer motor housing being formed by a first part of the left side half housing and the right side half housing that are assembled with each other [0034];
a handle housing (12) that is formed by a second part of the left side half housing and the right side half housing that are assembled with each other [0034];
a battery mounting portion (below 12) that is disposed on a lower end of the handle housing and formed by a third part of the left side half housing and the right side half housing that are assembled with each other [0034];
a gear (6) that is rotated by the rotor; and
a slider (7) that is reciprocated by rotation of the gear.
However, it fails to disclose an inner motor housing that is an integrally molded cylinder for housing the brushless motor; an outer motor housing that is provided outside of the inner motor housing and separately from the inner motor housing.
Bekavac teaches an inner motor housing [0039] that is an integrally molded cylinder and that houses the brushless motor (Fig. 1: 20); an outer motor housing (14) that is provided outside of the inner motor housing and separately from the inner motor housing [0039].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of the inner motor housing as disclosed by Bekavac to the tool disclosed by Naito et al.
One would have been motivated to do so to protect the components of the motor.
Claims 2-5 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over US 20130033134 A1 to Naito et al. in view of DE 102012216496 A1 to Bekavac as applied to claims 1 and 8 above and further in view of US 20110227430 A1 to Omori et al.
Regarding claims 2-4 and 9-10, Naito et al. and Bekavac discloses a tool as described above.
However, it fails to disclose the limitations from claims 2-4 and 9-10.
Omori et al. teaches:
(from claims 2 and 9) the outer motor housing has intake openings in a rear side (Fig. 2: 16a) and exhaust outlets in a front side (18a and 18b).
(from claim 3) the front side (Fig. 1: rearward) is a side closer to the gear (22) and the rear side (frontward) is a side farther from the gear (22).
(from claims 4 and 10) a fan (Fig. 1: 13) is located in front of the rotor (3a), and the inner motor housing has intake openings (17a and 17b) in the rear side and exhaust outlets (at 13) in the front side.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of the fan, intake, and exhausts as disclosed by Omori et al. to the tool disclosed by Naito et al. and Bekavac
One would have been motivated to do so to improve cooling of the components inside the housing. Refer to Omori et al., [0047].
Regarding claim 5, Naito et al. and Bekavac discloses a tool as described above.
However, it fails to disclose the limitations from claim 5.
Omori et al. teaches an outlet (Fig. 1: 4) is formed at a rear of the inner motor housing, and lead wires (11a) connected to the stator are extracted from the outlet.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of the outlet and lead wires as disclosed by Omori et al. to the tool disclosed by Naito et al. and Bekavac
One would have been motivated to do so to improve control of the motor.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over US 20130033134 A1 to Naito et al. in view of DE 102012216496 A1 to Bekavac as applied to claim 1 above and further in view of US 20110180286 A1 to Oomori et al.
Regarding claim 6, Naito et al. and Bekavac discloses a tool as described above.
However, it fails to disclose the limitations from claim 6.
Oomori et al. teaches a hook (Fig. 2: 29) is screwed to the outer motor housing (6b).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of the hook as disclosed by Oomori et al. to the tool disclosed by Naito et al. and Bekavac
One would have been motivated to do so to add a secure grip to the tool.
Claims 7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over US 20130033134 A1 to Naito et al. in view of DE 102012216496 A1 to Bekavac as applied to claims 1 and 8 above and further in view of US 20100014932 A1 to Albinsson et al.
Regarding claims 7 and 11, Naito et al. and Bekavac discloses a tool as described above.
However, it fails to disclose the limitations from claims 7 and 11.
Albinsson et al. teaches a front housing that houses the gear, wherein the front housing and the inner motor housing are secured together with screws [0041].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of the screw attachment as disclosed by Albinsson et al. to the tool disclosed by Naito et al. and Bekavac
One would have been motivated to do so to improve structural integrity of the housings.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over US 20130033134 A1 to Naito et al. in view of DE 102012216496 A1 to Bekavac as applied to claims 1 and 8 above and further in view of US 20080189961 A1 to Oberheim.
Regarding claims 12-13, Naito et al. and Bekavac discloses a tool as described above.
However, it fails to disclose the limitations from claims 12-13.
Oberheim teaches:
the handle housing (Fig. 1: 16) is integrally formed with a rear part of the outer motor housing (12).
the second part (16) is arranged at the rear of the first part (12).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to use the teachings of the rear handle housing as disclosed by Oberheim to the tool disclosed by Naito et al. and Bekavac
One would have been motivated to do so to reduce vibrations for the user.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 VIET P NGUYEN whose telephone number is (571)272-9457. The examiner can normally be reached M, T, Th, F from 12pm-8pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tulsidas C Patel can be reached at 571-272-2098. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VIET P NGUYEN/Primary Examiner, Art Unit 2834
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