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.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/27/2024 and 1/21/2026 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 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 1-20 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.
Regarding Claim 1, line 13 recites “a stop portion arranged corresponding to the limiting portion”. This limitation renders the claim indefinite as it is unclear as to what is meant by “arranged corresponding to” and what such arrangement is intending to encompass.
Regarding Claim 4, the end of the claim recites “button is configured to shift between the first state and the second state by moving”, however, this renders the claim indefinite as the first and second state are defined earlier in the claim with respect to the output end and not the button.
Regarding Claim 6, the claim recites “wherein the slideway comprises a first slideway corresponding to the first position and a second slideway corresponding to the second position”. This limitation renders the claim indefinite for multiple reason. First, it is unclear as to how a singular “slideway” can comprise two different slideways. Second, it is unclear how the slideways correspond to “the first position” and “the second position” as these positions are defined in Claim 4 with respect to the button not the trigger. Therefore, it is unclear as to what relationship is being claimed.
Regarding Claim 12, lines 16-18 recite a similar limitation to that of Claim 6 and therefore the claim is rendered indefinite for the same reasons as outlined above.
Further regarding Claim 12, lines 18-20 recite “the stop portion is configured to move with movement of the button and configured to shift between the first state and the second state by moving in the first slideway or in the second slideway”. This limitation renders the claim indefinite as it is unclear as how the stop portion is configured to move between “the first state” and “the second state” as such states are defined earlier in the claim with respect to the “output end” (lines 12-13) therefore it unclear as to how the stop portion is moveable into states of the output end.
Regarding Claim 14, line 1 recites “the limiting portion” which lacks antecedent basis and therefore renders the claim indefinite.
Regarding Claim 16, lines 14-16 recite “the trigger is only moveable between a part of the pressing stroke in at least one of the first state and the second state, and the pressing stroke of the trigger in the first state is longer than the pressing stroke of the trigger in the second state”. This limitation renders the claim indefinite as it is unclear how the trigger is only moveable between “a part of the pressing stroke” in at least one of the states but then two different “pressing strokes” are defined in the first and second state accordingly. Applicant appears to define “a pressing stroke” of the trigger, then refers to “a part of the pressing stroke” and then subsequently refers to the same “the pressing stroke” but appears to refer to two different length strokes. Therefore it is unclear if either of the last two recitations of “the pressing stroke” are referring to the “part of the pressing stroke” and the first claimed “pressing stroke” or if Applicant is attempting to define two new pressing strokes. The manner in which this claim limitation is drafted renders the claim indefinite.
Regarding Claim 17, lines 2-3 recites “a stop portion arranged corresponding to the limiting portion”. This limitation renders the claim indefinite as it is unclear as to what is meant by “arranged corresponding to” and what such arrangement is intending to encompass.
Regarding Claim 19, lines 16-18 recite a similar limitation to that of Claim 6 and therefore the claim is rendered indefinite for the same reasons as outlined above.
Claims 2, 3, 5, 7-11, 13, 15, 18 and 20 are also rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite.
Claim Rejections - 35 USC § 102
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.
Claims 1-5 and 16-18 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Zhong (US PGPUB 2022/0055120).
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 arranged 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 component (see “Annotated View of Figures 33-34” below), arranged 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 (304a) configured to trigger the switch component (Para. 0136);
a shift assembly, connected to the transmission assembly (via connection of ring gear 1582a and locking component 130a), comprising:
a shift component (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); and
a button (301a), configured to move the shift component (420a, 130a, 454a, 451a; Para. 0135); and
an output end (output shaft 150a), configured to be 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),
the trigger (of 304a) comprises a base (trigger body) and a limiting portion (abutment portion/back surface of trigger) arranged on the base (trigger body),
the shift assembly comprises a stop portion (3502a) arranged corresponding to the limiting portion (abutment portion/back surface of trigger), and the limiting portion is configured to abut against the stop portion (3502a; Para. 0138).
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
Regarding Claim 2, Zhong discloses the stop portion (3502a) is connected to the button (301a), and is configured to move with movement of the button (301a; Para. 0137-0138).
Regarding Claim 3, Zhong discloses the stop portion (3502a) is located between the button (301a) and the base (trigger body of 304a; see Figure 36), and is at least partially located between the trigger (of 304a) and the switch component (of 304a; as shown in Figures such as Figure 34).
Regarding Claim 4, Zhong discloses states of the output end (150a) comprise a first state (auto chuck mode) and a second state (drilling mode), and speeds in the first state (auto chuck mode) and the second state (drilling mode) are different (Para. 0136-0137), the transmission assembly (1581a, 1582, 1583a) comprises a movable inner ring gear (“an output gear ring 1582a”), positions of the button (301a) comprise a first position corresponding to the first state and a second position corresponding to the second state, the shift component (connecting member 420a, push rod 454a, locking component 130a, and push rod 451a) is connected (via 541a) to the inner gear ring(1582a; Para. 0129), the button (301a) is configured to shift between the first state and the second state by moving (Para. 0135).
Regarding Claim 5, Zhong discloses an end surface of the base (of 304a) facing the stop portion (3502a) defines a slideway (see Figures 35-36 which show the stop portion 3502a being received within some form of recess/slideway; see also Figures 40-41 which clearly show such structure and it can be assumed the embodiment of Figures 31-37 comprise the same), the stop portion (3502a) is configured to move in the slideway, and the limiting portion (back surface of trigger) is located within the slideway to enable the trigger (304a) to be only moveable between a part of the pressing stroke, so as to limit a maximum output speed of the motor assembly (12a; Para. 0138; see Figure 36 as the stop 3502a is clearly depicted as received in the back of the trigger).
Regarding Claim 16, 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 arranged 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 component (see “Annotated View of Figures 33-34” above), arranged 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 (304a) configured to trigger the switch component (Para. 0136);
a shift assembly, connected to the transmission assembly (via connection of ring gear 1582a and locking component 130a), comprising:
a shift component (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); and
a button (301a), configured to move the shift component (420a, 130a, 454a, 451a; Para. 0135); and
an output end (output shaft 150a), configured to be driven by the transmission assembly (Paras. 0127-0128);
states of the output end (150a) comprise a first state (auto chuck mode) and a second state (drilling mode), the first state is a low-speed mode state (auto chuck mode) and the second state is a high-speed mode state (drilling mode; Para. 0136-0137),
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),
the trigger (of 304a) is only moveable between a part of the pressing stroke in the first state (auto chuck mode; Para. 0138), and the pressing stroke of the trigger (304a) in the first state (auto chuck mode) is longer than the pressing stroke of the trigger in the second state (drilling mode; note that in the second state, the pressing stroke is readily changeable based on the desired speed and therefore the tool is capable of having a smaller pressing stroke in the drilling mode (user desires a smaller speed and therefore presses the trigger with a smaller stroke) regardless of if the limiting arm 3502a is in its pivoted position).
Regarding Claim 17, Zhong discloses the trigger (304a) comprises a base (trigger body) and a limiting portion (back surface portion of trigger 304a) arranged on the base (trigger body), the shift assembly comprises a stop portion (3502a) arranged corresponding to the limiting portion (back surface portion of trigger 304a), and the limiting portion (of 304a) is configured to abut against the stop portion (3502a; Para. 0137-0138).
Regarding Claim 18, Zhong discloses an end surface of the base (of 304a) facing the stop portion (3502a) defines a slideway (see Figures 35-36 which show the stop portion 3502a being received within some form of recess/slideway; see also Figures 40-41 which clearly show such structure and it can be assumed the embodiment of Figures 31-37 comprise the same), the stop portion (3502a) is configured to move in the slideway, and the limiting portion (back surface of trigger) is located within the slideway to enable the trigger (304a) to be only moveable between a part of the pressing stroke, so as to limit a maximum output speed of the motor assembly (12a; Para. 0138; see Figure 36 as the stop 3502a is clearly depicted as received in the back of the trigger).
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 6-7, 12-15, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhong (US PGPUB 2022/0055120), in view of Dance (US PGPUB 2021/0370489).
Regarding Claim 6, Zhong discloses several features of the claimed invention but does not readily disclose the slideway comprises a first slideway corresponding to the first position and a second slideway corresponding to the second position, the limiting portion is arranged on at least one of the first slideway and the second slideway.
Attention is brought to the teachings of Dance which includes a switch assembly including a trigger (110; Figure 3) and a switch (106) coupled to a motor (104) and a shift assembly (112) including a mode selector (114) and a shift component (136) wherein when the mode selector (114) moves between a first and second position, a stop portion (164; Figure 4) the shift component (136) moves between first and second slideways (178, 180; Figure 7) of the trigger (110), respectively (Paras. 0035-0038).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the trigger of Zhong to include two slideways corresponding to the two positions and configure the stop portion to slide within the two slideways as taught by Dance. By modifying Zhong in this manner, when the trigger is actuated, the tool can be prevented from switching to different modes as taught by Dance (see Para. 0036, 0038).
Note the inner surfaces of the different slideways would readily form limiting portions to be engaged with the stop portion of Zhong.
Regarding Claim 7, Zhong, as modified, discloses the first state is a low-speed mode (auto chuck mode), the second state is a high-speed mode (drilling mode); the stop portion (3502a) is configured to move in the first slideway (as taught by Dance) when the output end (150a) is in the first state, the stop portion (3502a) is configured to move in the second slideway (as taught by Dance) when the output end is in the second state (of drilling mode), and the limiting portion (backside of trigger) is arranged on the second slideway (i.e. 180 of Dance; note Paras. 0036-0038 of Dance).
Regarding Claim 12, 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 arranged 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 component (see “Annotated View of Figures 33-34” above), arranged 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 (304a) configured to trigger the switch component (Para. 0136);
a shift assembly, connected to the transmission assembly (via connection of ring gear 1582a and locking component 130a), comprising:
a shift component (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 component (420a, 130a, 454a, 451a; Para. 0135);
a stop portion (3502a) connected to the button (301a; Para. 0137-0138); and
an output end (output shaft 150a), configured to be 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);
states of the output end (150a) comprise a first state (auto chuck mode) and a second state (drilling mode), and speeds in the first state (auto chuck mode) and the second state (drilling mode) are different (Para. 0136-0137),
positions of the button (301a) comprise a first position (depressed/switching position) corresponding to the first state (auto chuck mode) and a second position (not depressed/initial position) corresponding to the second state(drilling mode; Para. 0135);
the trigger comprises a base (trigger body of 304a), an end surface of the base (of 304a) defines a slideway (see Figures 35-36 which show the stop portion 3502a being received within some form of recess/slideway; see also Figures 40-41 which clearly show such structure and it can be assumed the embodiment of Figures 31-37 comprise the same),
However, Zhong does not disclose the slideway comprises a first slideway corresponding to the first position and a second slideway corresponding to the second position, the stop portion (3502a) is configured to move with movement of the button (301a) and configured to shift between the first state (i.e. Figure 34) and the second state (i.e. Figure 36) by moving in the first slideway or in the second slideway.
Attention is brought to the teachings of Dance which includes a switch assembly including a trigger (110; Figure 3) and a switch (106) coupled to a motor (104) and a shift assembly (112) including a mode selector (114) and a shift component (136) wherein when the mode selector (114) moves between a first and second position to change the state/mode of the tool, a stop portion (164; Figure 4) of the shift component (136) moves between first and second slideways (178, 180; Figure 7) of the trigger (110), respectively (Paras. 0035-0038).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the trigger of Zhong to include two slideways corresponding to the two positions and configure the stop portion to slide within the two slideways as taught by Dance. By modifying Zhong in this manner, when the trigger is actuated, the tool can be prevented from switching to different modes as taught by Dance (see Para. 0036, 0038).
Regarding Claim 13, Zhong, as modified, discloses in the first state (auto chuck mode), the stop portion (3502a) is configured to move within the first slideway (i.e. 178 of Dance); and in the second state (drilling mode), the stop portion is configured to move within the second slideway (i.e. 180 of Dance; see also Paras. 0035-0038 of Dance).
Regarding Claim 14, Zhong, as modified, discloses the limiting portion is arranged on at least one of the first slideway and the second slideway (of Dance), the trigger (304a) comprises a limiting portion arranged on the base, and the limiting portion is configured to abut against the stop portion (3502a of Zhong; Note the inner surfaces of the different slideways incorporated by Dance would readily form limiting portions to be engaged with the stop portion of Zhong).
Regarding Claim 15, Zhong, as modified, discloses the first state is a low-speed mode (auto chuck mode), the second state is a high-speed mode (drilling mode); the stop portion (3502a) is configured to move in the first slideway (as taught by Dance) when the output end (150a) is in the first state, the stop portion (3502a) is configured to move in the second slideway (as taught by Dance) when the output end is in the second state (of drilling mode), and the limiting portion (backside of trigger) is arranged on the second slideway (i.e. 180 of Dance; note Paras. 0036-0038 of Dance).
Regarding Claim 19, Zhong discloses several features of the claimed invention but does not readily disclose the slideway comprises a first slideway corresponding to the first state and a second slideway corresponding to the second state, the limiting portion is arranged on at least one of the first slideway and the second slideway.
Attention is brought to the teachings of Dance which includes a switch assembly including a trigger (110; Figure 3) and a switch (106) coupled to a motor (104) and a shift assembly (112) including a mode selector (114) and a shift component (136) wherein when the mode selector (114) moves between a first and second position/state, a stop portion (164; Figure 4) the shift component (136) moves between first and second slideways (178, 180; Figure 7) of the trigger (110), respectively (Paras. 0035-0038).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have modified the trigger of Zhong to include two slideways corresponding to the two positions and configure the stop portion to slide within the two slideways as taught by Dance. By modifying Zhong in this manner, when the trigger is actuated, the tool can be prevented from switching to different modes as taught by Dance (see Para. 0036, 0038).
Note the inner surfaces of the different slideways would readily form limiting portions to be engaged with the stop portion of Zhong.
Regarding Claim 20, Zhong, as modified, discloses the speed ratio of the speed in the high-speed mode state (drilling mode) to the speed in the low-speed mode state (auto chuck mode) is less than 3 (Para. 0140-0141; 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, 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, 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 8-11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding Claim 8, Zhong, as modified by Dance, discloses several features of the claimed invention but does not disclose the further claimed details of the shift assembly comprising an intermediate plate fixed to the housing and a guide member connected between the shift component and the button, the intermediate plate defining a guide groove extending through the intermediate plate, and the guide member is configured to move in the guide groove.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See “Notice of References Cited”.
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/JOSHUA G KOTIS/Examiner, Art Unit 3731 6/13/2026
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