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 .
Response to Amendment
Applicant’s amendment filed 11/27/2024 has been entered.
Claims 1-20 are pending and examined below.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/27/2024 and 12/17/2025 are in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Objections
Claims 2, 4, and 11 are objected to because of the following informalities:
-Claim 2, “the output end has a first state and a second state, which are running at different speeds” but would be better recited as “the output end has a first state and a second state, which run at different speeds”.
-Claim 4, lines 2-3, “the end” should instead be “an end”.
-Claim 11, line 2, “protrudes the hole” would be better recited as “protrudes from the hole”.
Appropriate correction is required.
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 1-4, 8-9, 12-14, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhong (US PGPUB 2022/0055120), in view of Knuppel (US PGPUB 2009/0026058).
Regarding Claim 1, Zhong discloses a hand-held power tool (10a; Figures 31-37), comprising:
a housing (1101a, 1102a, 1103a, 1104a; Figure 32);
a motor assembly (12a; Figure 33) and a transmission assembly (“transmission mechanism is located between the motor 12a and the output apparatus 15a” including “an output planetary gears 1581a”, “an output gear ring 1582a” and “output sun gear 1583a”; Para. 0128), both installed on the housing (1101a, 1102a, 1103a, 1104a; Para. 0126-0127);
a switch assembly (304a), connected to the motor assembly (12a; Para. 0136) and comprising (see “Annotated View of Figures 33-34” below):
a switch element (see “Annotated View of Figures 33-34” below), installed on the housing (1101a, 1102a, 1103a, 1104a; see Para. 0136 which outlines “The switch operating member 304a has a switch initial position for disconnecting the motor from the power supply and an operating position for connecting the motor to the power supply” thereby to connect/disconnect the motor some form of switch element must be present);
a trigger (as shown), configured to trigger the switch element (as outlined in Para. 0136); and
a coupling member (see “Annotated View of Figures 33-34” below), disposed between the switch element (of 304a) and the trigger (of 304a), wherein the coupling member comprises:
a connecting portion (cylindrical shaft portion shown), abutting between the trigger and the switch element (as shown in “Annotated View of Figures 33-34” below); and
a shift assembly, connected to the transmission assembly (via connection of ring gear 1582a and locking component 130a), wherein the shift assembly comprises:
a shift element (connecting member 420a, push rod 454a, locking component 130a and push rod 451a; Figure 31 all shift together), connected to the transmission assembly (at “output gear ring 1582a”; Para. 0129);
a button (301a), configured to move the shift element (420a, 130a, 454a, 451a; Para. 0135);
a connecting rod (3501a), connected to the button (301a; Para. 0138); and
a stop portion (3502a), installed on the connecting rod (3501a), wherein a trigger body/limiting portion of the trigger (of 304a) abuts against the stop portion (3502a; Para. 0138); and
an output end (output shaft 150a), driven by the transmission assembly (Paras. 0127-0128);
wherein the switch assembly (304a) is a speed adjusting switch and is configured to adjust an output speed of the motor assembly (12a) by a pressing stroke of the trigger (of 304a; Para. 0136).
Note: although the Figures appear to show reference numbers “3501a”, “3502a”, these reference numbers are not in the written specification and the specification refers to “the first limiting arm 3051a” and “second limiting arm 3052a”. These features are being interpreted as referring to the same structures.
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Annotated View of Figures 33-34
Alternatively, in light of the instant Application’s specification outlining a “connecting rod 53” which appears in the Figures as a bar shape, one can readily interpret the “first limiting arm 3501a” of Zhong as a rod, however, in the event that the “first limiting arm 3501a” cannot be reasonably interpreted as a rod, in which the Examiner does not concede to, it would have been an obvious matter of design choice to a person of ordinary skill in the art at the time the invention was effectively filed to have embodied the connecting member in the shape of a rod because Applicant has not disclosed that such shape provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with an arm or rod shape because in either instance, the shift assembly will effectively move the tool into different modes.
Therefore, it would have been an obvious matter of design choice to modify Zhong to obtain the invention as specified in the claim.
Note further In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). MPEP 2144.04(IV)(B)
Further, Zhong does not readily disclose the coupling member of the switch assembly (304a) comprises a limiting portion connected to the connecting portion and wherein the limiting portion abuts the stop portion (3502a) as instead the limiting portion is formed as part of the trigger body (of 304a) in which the connecting portion is attached thereto (Para. 0138).
Further attention can be brought to Knuppel which teaches a trigger assembly (100; Figure 2) comprising a coupling member (shaft 132, stop 133, stem 124, support 122), disposed between a switch element (i.e. SW3 in housing 110) and a trigger (120; Para. 0039-0040), wherein the coupling member comprises a connecting portion (formed by screw 132 and stem 134), abutting between the trigger (120) and the switch element (within 110) and an adjustable limiting portion (stop 133) connected to the connecting portion (via 132) which limits the stroke of the trigger (120; Para. 0044-0045) and wherein the limiting portion (133 specifically 135; Figure 4) engages with a stop portion (147) of a lock mechanism (140; Para. 0052)
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified Zhong such that the limiting portion is separate from the trigger and connected to the connecting portion of the coupling member as taught by Knuppel. By modifying Zhong in this manner, since the limiting portion is separate from the trigger, the trigger stroke can be further adjusted as taught by Knuppel (Para. 0015, 0016).
Alternatively, it would have been an obvious matter of design choice to a person of ordinary skill in the art to have arranged the limiting portion as connected to the connecting portion and separate from the trigger as taught by Knuppel because Applicant has not disclosed that such location of the limiting portion provides an advantage, is used for a particular purpose, or solves a stated problem. One of ordinary skill in the art, furthermore, would have expected Applicant’s invention to perform equally well with a limiting portion being integral or separate from the trigger because in either instance, the limiting portion will engage the stop to limit the trigger stroke.
Therefore, it would have been an obvious matter of design choice to modify Zhong to obtain the invention as specified in the claim.
Further, it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. Please note that in the instant application, applicant has not disclosed any criticality for the claimed limitations.
Regarding Claim 2, Zhong, as modified, discloses the output end (150a) has a first state (auto chuck mode) and a second state (drilling mode), which are running at different speeds (Para. 0136-0137), the transmission assembly (“an output planetary gears 1581a”, “an output gear ring 1582a” and “output sun gear 1583a”) comprises a movable internal ring gear (“an output gear ring 1582a”), the button (301a) has a first position corresponding to the first state and a second position corresponding to the second state, the shift element (connecting member 420a, push rod 454a, locking component 130a, and push rod 451a) is connected to (via 541a) the internal ring gear (1582a; Para. 0129), and the button (301a) is configured to move for switching between the first state and the second state (Para. 0135).
Regarding Claim 3, Zhong, as modified, discloses the first state (auto chuck mode) is a low-speed gear state, the second state (drill mode) is a high-speed gear state, and in at least one of the first state and the second state, the limiting portion (abutment portion of trigger as modified by Knuppel) abuts against the stop portion (3502a; Para. 0138).
Regarding Claim 4, Zhong, as modified, discloses wherein in the first state (auto chuck mode), the limiting portion (3502a) is not in contact with the stop portion (3502a) and the trigger is able to be pressed to the end; in the second state, the limiting portion abuts against the stop portion (3502a), the trigger (304a) is unable to be pressed to the end, and a maximum output speed of the motor assembly is limited (Para. 0137-0138).
Regarding Claim 8, Zhong, as modified, discloses the shift assembly comprises a support member (pivot pin/structure of 305a) configured to support the stop portion (3502a), and the support member and the limiting portion (of trigger as modified above) are located at two sides of the stop portion (3502a) respectively (as shown; alternatively, the reverse switch also readily provides as a support member).
Regarding Claim 9, Zhong, as modified, discloses several features of the claimed invention including the switch element comprises a switch body (as shown) installed on the housing (1101a, 1102a, 1103a, 1104a) and it can be at least implied that there is a trigger member (associated with the switch) movably connected to the switch body, and the connecting portion (of 304a) is configured to press against the trigger member to activate the switch body (Para. 0136 which outlines “The switch operating member 304a has a switch initial position for disconnecting the motor from the power supply and an operating position for connecting the motor to the power supply” thereby to connect/disconnect the motor some form of switch element and associated trigger member of the switch element must be present).
Regarding Claim 12, Zhong, as modified, discloses the output speed of the motor assembly (12a) is approximately proportional to the pressing stroke of the trigger (304a; Para. 0136).
Regarding Claim 13, Zhong, as modified, discloses the connecting rod (3501a) comprises a connecting rod main body (body of 3501a) connected to the button (301a), an extending portion (body of 3502a) configured to install the stop portion (3502a), and a first sliding portion (see “Annotated View of Figure 31” below) protruding from a surface of the connecting rod main body towards an inner wall of the housing (1101a, 1102a, 1103a, 1104a), the connecting rod main body has an L-shape structure (see “Annotated View of Figure 31”) and comprises a first section connected to the button (301a) and a second section extending from an end of the first section (see “Annotated View of Figure 31” below).
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Annotated View of Figure 31
Regarding Claim 14, Zhong, as modified, discloses the connecting rod main body, the extending portion, the first sliding portions, and the stop portion are of an integrated structure (as shown in “Annotated View of Figure 31” above).
Regarding Claim 19, Zhong, as modified by Knuppel, discloses a hand-held power tool (10a; Figures 31-37) as claimed (refer to the rejection of Claim 1 above) and further discloses wherein the button (301a) simultaneously drives the stop portion (3502a) and the shift element (connecting member 420a, push rod 454a, locking component 130a, and push rod 451a) to move (Para. 0135, 0137-0138).
Regarding Claim 20, Zhong, as modified by Knuppel, discloses the motor assembly (12a) has a first axis extending along a front-rear direction (as shown in Figure 33), the button (301a) is configured to move forward and backward along the first axis and simultaneously drive the stop portion (3502a) and the shift element (connecting member 420a, push rod 454a, locking component 130a, and push rod 451a) to move forward and backward along the first axis (note that the button 301a moves forward and backward as does the shift element and stop portion (along pivoting movement) and dependent on the point of view, such forward/backward movement would be readily along the axis; further note this interpretation can be readily viewed as consistent with the specification).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Zhong (US PGPUB 2022/0055120), in view of Knuppel (US PGPUB 2009/0026058), and alternatively, in further view of Ikuta (US PGPUB 2023/0027337).
Regarding Claim 15, Zhong, as modified by Knuppel, discloses a hand-held power tool (10a; Figures 31-37) as claimed (refer to the rejection of Claim 1 above) and further discloses an output end (output shaft 150a), driven by the transmission assembly (Paras. 0127-0128) and configured to work in a first state (auto chuck mode) and a second state (drilling mode) that operate at different speeds (Para. 0136-0137); wherein a speed in the second state (drilling mode) is higher than a speed in the first state (auto chuck mode; Para. 0140-0141), wherein a ratio of the speed in the second state (drilling mode) to the speed in the first state (auto chuck mode) is less than 3 (note that the speed generated in either mode is dependent on the travel of the trigger and therefore the tool of Zhong is capable of such speed ratio between modes).
Alternatively, assuming arguendo that the tool of Zhong, as modified, is not capable of producing a ratio of the speed in the second state (drilling mode) to the speed in the first state (auto chuck mode) is less than 3, in which the Examiner does not concede to, attention is brought to Ikuda which outlines a power tool (1A; Figure 1) which comprises a motor (2; Figure 2) and a transmission assembly (4) which is configured to shift between a low-speed/high torque mode and a high-speed/low torque mode wherein the speed ratio between the modes is less than 2.5 (Para. 0101).
Ikuta further teaches a speed-reducing-ratio change mechanism (6A; Figures 3-4) for changing the speed reducing ratios (Para. 0070).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified the tool of Zhong to obtain the claimed speed ratios that can be readily adjusted as taught by Ikuta as by modifying Zhong in this manner, the tool can be configured to further carryout different actions as taught by Ikuta (Para. 0030).
Further, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified the tool of Zhong to obtain the claimed speed ratios as taught by Ikuta, since it has been held that discovering an optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Please note that in the instant application, applicant has not disclosed any criticality for the claimed limitations. See MPEP 2144.05(II)(A)
Allowable Subject Matter
Claims 5-7, 10-11 and 16-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding Claim 5, Zhong, as modified by Knuppel, discloses several features of the claimed invention but does not readily disclose the coupling member (of 304a) comprises an avoiding portion arranged between the connecting portion and the limiting portion, and in the first state, the stop portion extends into the avoiding portion. Further, it would not have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have further modified the coupling member of Zhong to obtain the claimed invention without improper hindsight and significant structural modifications.
Therefore, these limitations in combination with the other features of Claim 5 which includes Claims 1-4 render the claim allowable.
Regarding Claim 10, Zhong, as modified by Knuppel, discloses several features of the claimed invention but does not disclose the switch element comprises a guide pillar fixed to the switch body and a guide member movably connected to the guide pillar, and the trigger member extends through the guide member and is connected to the connecting portion. Further, it would not have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have further modified the switch element of Zhong to obtain the claimed invention without improper hindsight and significant structural modifications.
Therefore, these limitations in combination with the other features of Claim 10 which includes Claims 1 and 9 render the claim allowable.
Regarding Claim 16, Zhong, as modified by Knuppel, discloses several features of the claimed invention including a control assembly (a first control assembly; Para. 0136) for controlling the motor assembly (12a) and a battery pack (18; Figure 2) for providing power to the motor assembly (12a; Para. 0136), wherein the housing (1101a, 1102a, 1103a, 1104a; Figure 32) comprises a main portion (1101a) for accommodating the motor assembly (12a) and the transmission assembly(1581a, 1582a ,1583a), the output end (150a) protrudes forwardly to a front end of the main portion (1101a) but does not readily disclose all limitations of Claim 16 including a coupling portion connected to a rear end of the main portion, the battery pack is detachably mounted on an upper side of the coupling portion, and the control assembly is disposed in the main portion and between the motor assembly and the battery pack.
Jornlin (US PGPUB 2022/0040940-cited in IDS) teaches a similar power tool arrangement as to that as claimed in Claim 16, however, it would not have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have further modified the tool of Zhong to obtain the claimed invention without improper hindsight and significant structural modifications.
Therefore, these limitations in combination with the other features of Claim 16 which includes Claim 15 render the claim allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See “Notice of References Cited”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA G KOTIS whose telephone number is (571)270-0165. The examiner can normally be reached Monday - Thursday 6am-430pm.
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/JOSHUA G KOTIS/Examiner, Art Unit 3731 6/11/2026
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