DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Applicant’s election without traverse of invention 1, claims 1-10 in the reply filed 9/8/2025 by Attorney Jeremy Estes is acknowledged.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/8/2025 by Attorney Jeremy Estes.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
(c) he has abandoned the invention.
(d) the invention was first patented or caused to be patented, or was the subject of an inventor’s certificate, by the applicant or his legal representatives or assigns in a foreign country prior to the date of the application for patent in this country on an application for patent or inventor’s certificate filed more than twelve months before the filing of the application in the United States.
Claims 1-10 are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Tomayko, US 20100163261.
Regarding claim 1, Tomayko discloses: A power tool (Fig. 1, power tool 10), comprising:
a housing (Fig. 1, housing 12);
a motor assembly (Fig. 1, motor assembly 14) in the housing and configured to provide rotary power;
an output spindle (Fig. 1, output spindle 20) driven by the motor;
a transmission (Fig. 1, transmission assembly 16) between the motor and the output spindle;
wherein the transmission comprises a speed change mechanism (Fig. 2, speed selector 102) and a plurality of compound planet gears (Fig. 5, compound planet gears 134).
Regarding claim 2, Tomayko further discloses: a compound sun gear configured to engage the plurality of compound planet gears ([0045] “With reference to FIGS. 1, 4 and 5, the input stage 110 can include a first input sun gear 120, a second input sun gear 122, an input reduction carrier 124, a first set of input planetary gears 126, a second set of input planetary gears 128, a first input ring gear 130 and a second input ring gear 132. The first and second input sun gears 120 and 122 can be unitarily formed and can be coupled for rotation with the output shaft 58 of the motor assembly 14. The first input sun gear 120 can be meshingly engaged with the planetary gears of the first set of input planetary gears 126, while the second input sun gear 122 can be meshingly engaged with the planetary gears of the second set of input planetary gears 128.”).
Regarding claim 3, Tomayko further discloses: the plurality of compound planet gears are arranged about a longitudinal axis (Fig. 8, longitudinal axis 342).
Regarding claim 4, Tomayko further discloses: the longitudinal axis is aligned with a longitudinal axis of the motor ([0041], “the motor assembly 14 and the transmission assembly 16 are aligned along a common rotational axis.”, further see Fig. 8, axis 342).
Regarding claim 5 Tomayko further discloses: the plurality of compound planet gears comprises at least four compound planet gears (see Fig. 5).
Regarding claim 6, Tomayko further discloses: a clutch assembly (Fig. 1, clutch mechanism 18).
Regarding claim 7, Tomayko further discloses: a trigger assembly (Fig. 1, trigger assembly 28).
Regarding claim 8, Tomayko further discloses: the housing defines a handle (Fig. 1, handle portion 44).
Regarding claim 9, Tomayko further discloses: a speed selector switch (Fig. 2, speed selector 102) configured to receive a manual switching input from a user.
Regarding claim 10, Tomayko further discloses: a ring gear configured to engage the compound planet gears ([0045], “The first input ring gear 130 can include a first set of internal teeth 150, which can be meshingly engaged to the planetary gears of the first set of input planetary gears 126, and a first external engagement feature 152, such as a first set of external teeth 154 that can be disposed about the outer diametrical surface of the first input ring gear 130. Similarly, the second input ring gear 132 can include a second set of internal teeth 160, which can be meshingly engaged to the planetary gears of the second set of input planetary gears 128 and a second external engagement feature 164, such as a second set of external teeth 166 that can be disposed about an outer diametrical surface of the second input ring gear 132.”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL JEREMY LEEDS whose telephone number is (571)272-2095. The examiner can normally be reached Mon-Thurs, 0730-1730.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731
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