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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on June 13, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are: “a receiving portion for receiving at least one accessory” in claims 1, 16 and 17. However, claim limitations are read in view of the specification. In the instant case, the Specification in applicant’s PG-PUB describes “the receiving portion” as being, “a receiving groove” (see paragraph 89). Thus, in view of the specification, the limitation, “a receiving portion”, is being interpreted as being a receiving groove and/or equivalents thereof.
Such claim limitation(s) is/are: “a limiting portion for retaining the accessory in the receiving portion” in claims 1, 16 and 17. However, claim limitations are read in view of the specification. In the instant case, the Specification in applicant’s PG-PUB describes “the limiting portion” as being, “a clamping assembly” (see paragraph 69). Thus, in view of the specification, the limitation, “a limiting portion”, is being interpreted as being clamping assembly and/or equivalents thereof.
Such claim limitation(s) is/are: “an unlocking portion triggered to drive the limiting portion to release a retaining force on the accessory” in claims 1 and 17. However, claim limitations are read in view of the specification. In the instant case, the Specification in applicant’s PG-PUB describes “the unlocking portion” as being a; movable…“operating member 231” (see paragraph 69). Thus, in view of the specification, the limitation, “an unlocking portion”, is being interpreted as being a movable operating member and/or equivalents thereof.
Such claim limitation(s) is/are: “a power connection portion [that] receives at least part of a power supply” in claim 16. However, claim limitations are read in view of the specification. In the instant case, the Specification in applicant’s PG-PUB describes “the power connection portion” as being “a grip” (see paragraph 69). Thus, in view of the specification, the limitation, “power connection portion”, is being interpreted as being a grip and/or equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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)(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.
or
(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.
Claims 17, 18 and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yang (12564936).
In reference to claim 17, Yang discloses an accessory receptacle (i.e. within 2, as shown in Figure 5) for detachably connecting an accessory of a handheld power tool (100), the accessory receptacle comprising:
a receiving portion (i.e. receiving groove 21, which meets the limitation of the receiving portion, as previously interpreted under 35 U.S.C. 112(f), see section 5a above) for receiving at least one accessory (3) of the handheld power tool (Figure 2);
a limiting portion (i.e. clamping assembly 53, which meets the limitation of the limiting portion, as previously interpreted under 35 U.S.C. 112(f), see section 5b above) for retaining the accessory in the receiving portion (Figures 3 and 4);
an unlocking portion (i.e. movable operating member 5, which meets the limitation of the unlocking portion, as previously interpreted under 35 U.S.C. 112(f), see section 5c above) triggered to drive the limiting portion to release a retaining force (i.e. force from spring 54) on the accessory (Figures 3 and 4);
a retaining cover (see figure below and note that the annotated retaining cover has different crosshatch marks from element 2) formed on or connected to a housing (i.e. formed as outer surface at a rear end of housing 100) of the handheld power tool (Figure 1); and
a cover (2) connected to an outer side of the retaining cover, wherein the cover forms an accommodation space (formed as an inner space extending between cover 2 and the annotated retaining cover) with the retaining cover, and the accommodation space is configured to at least partially accommodate the receiving portion, the limiting portion, and the unlocking portion (see figure below).
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In reference to claim 18, Yang discloses that the cover is connected to the retaining cover by a fastener (at 52 or from 52 and 531, Figure 3).
In reference to claim 19, Yang discloses that the limiting portion comprises a limiting surface (531), the accessory comprises a stop surface (321, Figure 4), and when the accessory is retained in the receiving portion, the limiting surface is in contact with the stop surface to prevent a displacement of the accessory along a first direction (i.e. a vertical direction in Figure 3), wherein an angle α between a length extension (i.e. a horizontal length extension of 321 in Figure 4) direction of the stop surface and a second direction is less than or equal to 30° (note the angle is 0 degrees), the second direction is perpendicular to the first direction (because horizontal is perpendicular to vertical), and the second direction and the length extension direction of the stop surface are in the same plane (i.e. a horizontal plane, Figure 4).
Claims 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kageler et al. (DE 10 2004 032 788 A1, translation included herewith).
In further reference to claim 17, Kageler et al. disclose an accessory receptacle (i.e. within 26 as shown in Figure 3) for detachably connecting an accessory (i.e. hook 28) of a handheld power tool (10), the accessory receptacle comprising:
a receiving portion (i.e. the vertical extending receiving groove 36, as seen in Figure 3, which meets the limitation of the receiving portion, as previously interpreted under 35 U.S.C. 112(f), see section 5a above) for receiving at least one accessory (28) of the handheld power tool (Figure 3);
a limiting portion (i.e. clamping assembly 48, which meets the limitation of the limiting portion, as previously interpreted under 35 U.S.C. 112(f), see section 5b above) for retaining the accessory in the receiving portion (Figures 3 and 4);
an unlocking portion (i.e. movable operating member 42, which meets the limitation of the unlocking portion, as previously interpreted under 35 U.S.C. 112(f), see section 5c above) triggered to drive the limiting portion to release a retaining force (i.e. force from spring 43) on the accessory (Figures 2 and 3);
a retaining cover (26) formed on or connected to (i.e. at 30) a housing (i.e.14) of the handheld power tool (Figure 1); and
a cover (27) connected to an outer side of the retaining cover, wherein the cover forms an accommodation space (formed as an inner space extending within 26) with the retaining cover, and the accommodation space is configured to at least partially accommodate the receiving portion, the limiting portion, and the unlocking portion.
In further reference to claim 18, Kageler et al. disclose that the cover is connected to the retaining cover by a fastener (at 32, Figure 2).
In reference to claim 19, Kageler et al. disclose that the unlocking portion is connected to the limiting portion, and the unlocking portion rotates (i.e. about 51) upon receiving a trigger force to drive the limiting portion to release the retaining force on the accessory (Figure 2).
In further reference to claim 20, Kageler et al. disclose that the limiting portion comprises a limiting surface (i.e. surface of 48), the accessory comprises a stop surface (i.e. surface of 40), when the accessory is retained in the receiving portion, the limiting surface is in contact with the stop surface to prevent a displacement of the accessory along a first direction (vertical direction), an angle α between a length extension (i.e. a horizontal extension of 40) direction of the stop surface and a second direction (also a horizontal direction) is less than or equal to 30° (because an angle of 0° is formed), the second direction is perpendicular to the first direction, and the second direction and the length extension direction of the stop surface are in the same plane (Figure 3).
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 1-8 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kageler et al. (DE 10 2004 032 788 A1, translation included herewith) in view of Yang (12564936).
In reference to claim 1, Kageler et al. disclose a handheld power tool (10), comprising:
a motor (not labeled or shown but described in the following portion of the translation; “switch button 16 is used to turn on and off a not shown, in the housing 12 arranged motor”);
an output portion (18) driven by the motor to output power (Figure 1);
a housing (12) for accommodating the motor, the housing comprising a first housing (i.e. outer surface of 12) extending substantially along a first axis (i.e. axis 17 in Figure 1) and a first cover (see figure below); and
an accessory receptacle (i.e. upper receptacle/opening 36, as seen in Figure 2) for detachably connecting an accessory (i.e. hook 28) of the handheld power tool, the accessory receptacle comprising a receiving portion (i.e. the vertical extending receiving groove 36, as seen in Figure 3, which meets the limitation of the receiving portion, as previously interpreted under 35 U.S.C. 112(f), see section 5a above) for receiving at least one accessory, a limiting portion (i.e. clamping assembly 48, which meets the limitation of the limiting portion, as previously interpreted under 35 U.S.C. 112(f), see section 5a above) for retaining the accessory in the receiving portion, an unlocking portion (i.e. movable operating member 42, which meets the limitation of the unlocking portion, as previously interpreted under 35 U.S.C. 112(f), see section 5c above) triggered to drive the limiting portion to release a retaining force (i.e. force from spring 43) on the accessory, and a second cover (see figure below) forming an accommodation space (i.e. space within 26) with the first cover, wherein the accommodation space is configured to at least partially accommodate the receiving portion, the limiting portion, and the unlocking portion (Figures 1-3).
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Kageler et al. lack,
connecting the first cover to an end of the first housing facing away from the output portion and extending along a direction intersecting the first axis.
However, Yang teaches that it is old and well known in the art at the time the invention was made to provide a similar power tool (100) comprising; a first housing (i.e. outer surface of 100 in Figure 1) and with a first cover (2) that is connected to an end (i.e. rear/left end of 100 in Figure 1) of the first housing facing away from an output portion (i.e. rightmost portion of 100 in Figure 1) and extending along a direction (i.e. at least in part from the vertical extending direction of 2 and/or the horizontal extending direction of 2) intersecting a first axis (i.e. a longitudinal axis of 100 in Figure 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to connect the first cover, of Kageler et al., with the known technique of connecting a first cover to the end of a first housing facing away from an output portion, as taught by Yang, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that more effectively stores and hangs the tool more conveniently (see portion of translation; “The invention relates to the technical field of handheld electric tool accessories, and in particular to a telescopic hanger assembly for storing and hanging handheld electric tools conveniently.”).
In reference to claim 2, Kageler et al. disclose that at least two receiving portions are provided (formed from the left and right vertical extending receiving grooves 36, as seen in Figure 3).
In reference to claim 3, Kageler et al. disclose that the unlocking portion comprises an operating member (42), and the operating member is formed on or connected to the limiting portion, is movably connected to the second cover, and at least partially extends out of the second cover (Figures 2 and 3).
In reference to claim 4, Kageler et al. disclose that the unlocking portion further comprises a reset member (i.e. spring 43), and, when the operating member is released, the reset member is able to drive the operating member to reset and provide the limiting portion with the retaining force for the limiting portion to retain the accessory (Figure 3).
In reference to claim 5, Kageler et al. disclose that the accessory is driven to move in a preset direction (at 46 in Figure 2) and a first surface (40) of the accessory pushes a second surface (a surface of 48) of the limiting portion so that the limiting portion moves in a direction to release the retaining force on the accessory (Figure 3).
In reference to claim 6, Kageler et al. disclose that the accessory receptacle further comprises a limiting pad (i.e. at 41 and note the definition of the term “pad” is defined according to www.merriam-webster.com as being; “a thin flat mat or cushion”. Since, spring 41 includes thin flat cushion portions, it meets the limitation above and thus the limitation of the claim) configured to fill a gap between the accessory and one of the receiving portion or the limiting portion (Figure 3).
Assuming arguendo, that Kageler et al. lack,
the limiting pad, then Yang is used for such a teaching.
Yang teaches that it is old and well known in the art at the time the invention was made to provide a similar power tool (100) comprising; a limiting pad (i.e. at 6) configured to fill a gap between an accessory (3) and one of a receiving portion (21) or the limiting portion (Figure 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the receiving portion, of Kageler et al., with the known technique of providing the receiving portion that also includes the limiting pad, as taught by Yang, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that more effectively limits the movement thereby limiting the expansion and contraction range of the invention (see Column 5, Lines 8-12).
In reference to claim 7, Kageler et al. disclose that the limiting portion extends or is embedded into the accessory to retain the accessory (Figure 3).
In reference to claim 8, Kageler et al. disclose that the accessory comprises a belt clip (28) for hanging the handheld power tool (Figure 3).
In reference to claim 13, Kageler et al. disclose that the unlocking portion is connected to the limiting portion, and the unlocking portion rotates (i.e. at 51) upon receiving a trigger force to drive the limiting portion to release the retaining force on the accessory (Figures 2 and 3).
In reference to claim 14, Kageler et al. disclose that one unlocking portion is provided, the unlocking portion comprises a plurality of positions (see upper and lower elements 40 in Figure 2 and 3) for unlocking respective accessories, and the unlocking portion is operable to switch between the plurality of positions to release the retaining force on a corresponding accessory (Figures 2 and 3).
In reference to claim 15, Kageler et al. disclose that the limiting portion comprises a limiting surface (i.e. surface of 48), the accessory comprises a stop surface (i.e. surface of 40), when the accessory is retained in the receiving portion, the limiting surface is in contact with the stop surface to prevent a displacement of the accessory along a first direction (vertical direction), an angle α between a length extension (i.e. a horizontal extension of 40) direction of the stop surface and a second direction (also a horizontal direction) is less than or equal to 30° (because an angle of 0° is formed), the second direction is perpendicular to the first direction, and the second direction and the length extension direction of the stop surface are in the same plane (Figure 3).
Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kageler et al. (DE 10 2004 032 788 A1, translation included herewith) in view of Yang (12564936) and Foreign Reference (DE 20 2013 004 302 U1, translation included herewith).
In reference to claim 9, Kageler et al. disclose that the accessory comprises a belt clip (28, Figure 2), but lack,
a storage member that is formed as a bit retaining structure.
However, Foreign Reference teaches that it is old and well known in the art at the time the invention was made to provide a similar power tool (1, Figure 6) with an accessory that can be formed as a belt clip (54, see Figure 6, which is similar to the belt clip 28, of Kageler et al.) and that can further include a storage member (10) formed as a bit retaining structure (14, Figure 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to modify the accessory, of Kageler et al., with the known technique of providing an accessory that further includes the storage member formed as the bit retaining structure, as taught by Foreign Reference, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device providing a user friendly storage unit that allows the operator to customize the hand tool according to his wishes (see following portion of translation; “An object of the invention is therefore to provide a novel hand tool machine with a housing and with a storage unit that is user-friendly and allows the operator to customize the hand tool according to his wishes.”).
In reference to claim 10, Foreign Reference discloses that the accessory comprises a first connector (22) and a storage member (10), and the storage member is a container (Figure 4).
In reference to claim 11, Foreign Reference discloses that an opening of the container always faces upwards (Figure 4).
In reference to claim 12, Foreign Reference discloses that the container is rotatably disposed on the first connector (i.e. at 24, Figure 4) and the opening of the container always faces upwards under the action of gravity (Figure 4).
Claim 16, is rejected under 35 U.S.C. 103 as being unpatentable over Kageler et al. (DE 10 2004 032 788 A1, translation included herewith) in view of Foreign Reference (DE 20 2013 004 302 U1, translation included herewith).
In reference to claim 16, Kageler et al. disclose a handheld power tool (10), comprising:
a motor (not labeled or shown but described in the following portion of the translation; “switch button 16 is used to turn on and off a not shown, in the housing 12 arranged motor”);
an output portion (18) driven by the motor to output power (Figure 1);
a housing (12) comprising a first housing (i.e. outer surface of 12) and a power connection portion (i.e. grip 14, as seen in Figure 1, which meets the limitation of the power connection portion, as previously interpreted under 35 U.S.C. 112(f), see section 5d above), wherein the first housing accommodates at least the motor (Figure 1), the power connection portion receives at least part of a power supply (i.e. from battery 20), and the power supply supplies power to at least the motor (Figure 1);
an accessory receptacle (i.e. upper receptacle/opening 36, as seen in Figure 2) for detachably connecting an accessory (i.e. hook 28) of the handheld power tool, the accessory receptacle comprising a receiving portion (i.e. the vertical extending receiving groove 36, as seen in Figure 3, which meets the limitation of the receiving portion, as previously interpreted under 35 U.S.C. 112(f), see section 5a above) for receiving at least one accessory of the handheld power tool, a limiting portion (i.e. clamping assembly 48, which meets the limitation of the limiting portion, as previously interpreted under 35 U.S.C. 112(f), see section 5b above) for retaining the accessory of the handheld power tool in the receiving portion, and a second cover (26) fixed on an outer side of the grip by a fastener (32), wherein the second cover forms an accommodation space (i.e. space within 26) with the housing, and the accommodation space is configured to at least partially accommodate the receiving portion and the limiting portion (Figures 1-3).
Kageler et al. lack,
connecting the second cover on an outer side of the housing by a fastener.
However, Foreign Reference teaches that it is old and well known in the art at the time the invention was made to provide a similar power tool (1) comprising; a housing (i.e. outer surface of 1, Figure 1) and a second cover (22) fixed on an outer side (32 in Figure 4) of the housing (1) by a fastener (18, also see Figure 8 showing that the accessory could be a belt clip 54, similar to the belt clip 28, of Kageler et al.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to connect the second cover, of Kageler et al., with the known technique of connecting a second cover to an outer side of a housing by a fastener, as taught by Foreign Reference, and the results would have been predictable. In this situation, one could provide a more advantageous and versatile device that more effectively ensures a holding force thereby making it difficult to slide out of the counterpart and/or that ensures the position of the power tool on the counterpart (see portion of translation; “The coat hanger 52 thus ensures a secure holding force by the spring element 54 a spring force in the direction of the contact surface 56 exerts and thereby generates a frictional force, which makes it difficult to slide out of the counterpart. The temple is effective 52 on the counterpart as a form-locking element, which ensures the position of the power tool on the counterpart.”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Matsumoto et al. (8534375) show that it is known to attach an accessory (16) to the rear end of a housing (Figure 1b) of a power tool (2, Figures 1-5c).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT J SCRUGGS whose telephone number is (571)272-8682. The examiner can normally be reached M-F 6-2.
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/ROBERT J SCRUGGS/Primary Examiner, Art Unit 3723
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