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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in CN on 09/27/2023. It is noted, however, that applicant has not filed a certified copy of the CN202311270632.5 application as required by 37 CFR 1.55.
Claim Objections
Claims 1 and 15-17 are objected to because of the following informalities: In claims 1 and 15-17, the phrase “housing extending basically along a direction of the first axis” tends toward confusion as to what tolerance is required to be considered “basically along” since “basically” is subjective. In claim 15, the phrase “the first handle or the second handle is capable of been adjusted to multiple working positions” presumably should be recited - - the first handle or the second handle is capable of being adjusted to multiple working positions - -. Appropriate correction is required.
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 10-12 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 10 recites the limitation "grip extending along a third direction". There is insufficient antecedent basis for this limitation in the claim. Since a first and second direction has not been recited it is not clear what the third direction is.
Claim Rejections - 35 USC § 102
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 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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-6, 8-12, and 14-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by TENG et al. (US 20250065487 A1).
Regarding claims 1, 11, and 16-18, TENG et al. discloses an impact tool (100), comprising: a motor (2) comprising a stator and a rotor ([0022], fig. 4), wherein the rotor is formed on or connected to a drive shaft (4) that rotates about a first axis (CL); an output shaft (41) used for outputting torque and rotating about an output axis; an impact assembly (45), wherein the motor is drivingly connected to the impact assembly, the impact assembly is configured to apply an impact force to the output shaft, the impact assembly comprises an impact block (451) driven by the drive shaft and a hammer anvil (40) for receiving an impact from the impact block, and the output shaft is formed on or connected to the hammer anvil ([0024-0025], figs. 1-4);
a housing (1/10/11/14) extending basically along a direction of the first axis, wherein the motor and the impact assembly are at least partially disposed in the housing (1/10/11/14);
a first handle (22) disposed at an end of the housing away from the output shaft along the direction of the first axis wherein the first handle further comprises a grip (22/221), the power switch is disposed on the grip, the grip is provided with a grip part (222) on a lower side of the power switch, and along the direction of the first axis, the grip part (22/221) at least partially overlaps the DC power supply (unnumbered switch shown, figs. 1-4 and/or touch display portion 60A/ display device 6 with setting interface 70 with buttons 71/72/73 [0034-0051]) for turning on and off the motor (inherent); and a direct current (DC) power supply comprising at least two battery packs (battery packs 8) and supported on the housing (at 141) and disposed on a left side and/or a right side of the housing (“two symmetric positions of the motor housing 14… i.e., a left side or a right side” [0034], figs. 1-4) wherein, along the direction of the first axis, the DC power supply at least partially overlaps the motor ([0022-0037], figs. 1-5).
Regarding claims 2-6, 8-10, 12, and 19, TENG et al. discloses the DC power supply at least partially overlaps the stator of the motor, wherein the at least two battery packs are supported on two sides of the housing, wherein the at least two battery packs are symmetrically supported on the two sides of the housing with the first axis as a central axis (“two symmetric positions of the motor housing 14… i.e., a left side or a right side” [0034], figs. 1-4), wherein two battery packs of the at least two battery packs at least partially overlap the stator of the motor separately along the direction of the first axis, wherein the at least two battery packs are disposed on a lower side of the housing, wherein the housing is formed with or connected to power supply mounting portions (141), wherein the first handle comprises a first opening (between rear of base 12 and 22) for accommodating fingers, and the first opening comprises a closed through hole that surrounds the fingers, wherein the first handle comprises a first opening for accommodating fingers and a second opening (at end portion 222) whose opening direction intersects with an opening direction of the first opening, wherein the first handle comprises a connection portion (21) and a grip (221/22) extending along a third direction, and an end of the grip (221) is connected to the housing through the connection portion (21), and another end of the grip (222) is a free end, wherein the third direction intersects with the direction of the first axis ([0022-0037], figs. 1-5).
Regarding claims 14-15 and 20, TENG et al. discloses the housing (1) comprises an output housing (10/11) and a motor housing (14/20), the output housing supports the output shaft (41), the motor (2) is at least partially supported in the motor housing, the output housing (10/11) is connected to the motor housing [0032-0034], and a second handle (unnumbered handle on front housing 111/11) is connected to the output housing (10/11), wherein at least one of the first handle (22) or the second handle (for unnumbered loop handle on 111/11) is capable of been adjusted to multiple working positions (adjustment knob shown for unnumbered handle on 111/11 and “capable of” absent any structural mechanism/structure the handle would be capable of being adjusted with tools, even bent etc.), wherein the motor comprises a stator and a rotor, the rotor is formed on or connected to the drive shaft that rotates about the first axis, and the at least two battery packs are behind the stator ([0022-0037], figs. 1-5).
Claim Rejections - 35 USC § 103
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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.
Claim(s) 7, 13, and 15, is/are rejected under 35 U.S.C. 103 as obvious over TENG et al. (US 20250065487 A1) in view of Seith et al. (US 20210107120 A1) and further in view of Kamiya et al. (US 20240308034 A1).
Regarding claims 7, 13, and 15, TENG et al. teaches having the two battery packs at 180 degrees ([0022-0037], figs. 1-5) and having a first handle (22) and the second handle (for unnumbered loop handle on 111/11) is capable of been adjusted to multiple working positions (adjustment knob shown for unnumbered handle on 111/11), and teaches setting the voltage value [0009, 0037-0046], figs. 1-5).
TENG et al. fails to disclose the two battery packs enter the power supply mounting portions along a first direction and a second direction, respectively, and an included angle between the first direction and the second direction is greater than 0 degrees, explicitly disclose the handle (unnumbered loop handle on 111/11) is capable of been adjusted to multiple working positions (if argued the handle is not disclosed as being capable of adjusted) and a nominal capacity of a battery pack of the at least two battery packs is greater than or equal to 5 Ah.
Seith et al. teaches an impact wrench (10) having two battery packs (38) enter power supply mounting portions (40) along a first direction and a second direction, respectively, and an included angle (V shape angle 58, fig. 5) between the first direction and the second direction is greater than 0 degrees (“oriented at an angle relative to each other…oriented in a V-shape 58” [0024], [0021-0028], figs. 1-9).
Kamiya et al. also teaches an impact wrench (1D) having two battery packs (33D/34D) enter power supply mounting portions (31D/32D) along a first direction and a second direction, respectively, and an included angle (not aligned in Z direction, [0248-0251], fig. 6) between the first direction and the second direction is greater than 0 degrees not aligned in Z direction, [0248-0251], fig. 6) and a nominal capacity of a battery pack of the at least two battery packs is greater than or equal to 5 Ah [0170] and having at least one of the first handle (D shaped handle 23A/B with 21/24) or the second handle (7) is capable of been adjusted to multiple working positions (7 is adjustable within the range of 360 degrees [0109]) and D shaped handle 23A/B with 21/24 has trigger switch 17A [0094).
Given the teachings of TENG et al. to have two battery packs enter the power supply mounting portions overlapping the motor and two handles with showing an adjustment knob for one handle, it 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 to modify the mounting portions configured for the two battery packs enter the power supply mounting portions along a first direction and a second direction, respectively, and an included angle between the first direction and the second direction is greater than 0 degrees to improve balance of the tool, allow the tool lay on the side, protect the housing/housing features of the tool, and/or for spacing/ergonomic purposes and a handle capable of being adjusted to multiple working positions and a nominal capacity of a battery pack of the at least two battery packs is greater than or equal to 5 Ah to provide enough/proper power purposes and adjust the handles for ergonomic needs as taught by Seith et al. and Kamiya et al.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See references cited, form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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/ROBERT F LONG/Primary Examiner, Art Unit 3731