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 .
Election/Restrictions
Applicant’s election without traverse of species 1, claims 1-8 in the reply filed on 1/272026 is acknowledged. Examiner notes that Applicant has cancelled claims 9-20.
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.
Claim 1 and subsequent dependent claims 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 1 recites the limitation “the wrench" in line 13. There is insufficient antecedent basis for this limitation in the claim.
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, 4-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bernardi, US 9144846.
Regarding claim 1, Bernardi discloses: A rotary tool (Fig. 1, tool 100) comprising:
a housing (Fig. 1, housing 104) including a first end, a second end opposite the first end, and a longitudinal axis (Fig. 3, axis 154, 190) extending between the first end and the second end;
a drive shaft (Fig. 3, drive shaft 152) positioned within the housing;
a bit holder (Fig. 3, connection member 164, fastening member 172 and collet 168) positioned adjacent the second end of the housing and driven by the drive shaft;
a wrench assembly (Fig. 3, wrench assembly 108) coaxially movable along the longitudinal axis between a first position (Fig. 4) and a second position (Fig. 5), the wrench assembly secured to the housing when in a first position, the wrench assembly engageable with the bit holder when in the second position;
a groove (Fig. 3, external threads 128) positioned on one of the housing and the wrench assembly; and
a protrusion (Fig. 3, internal threads 240) positioned on the other of the housing and the wrench assembly, wherein
when the wrench is in a first position (see Fig. 2), the protrusion engages the groove and retains the wrench assembly against axial movement, and
when the wrench is in the second position, the protrusion is disengaged from the groove to release the wrench assembly (see Fig. 3),
the wrench assembly is configured to move from the first position to the second position by an exerted force that slides the wrench assembly in an axial direction along the longitudinal axis (Col. 4, line 3, “As shown in FIGS. 4 and 5, the body portion 220 may be provided with an unlock indicium 244 and a lock indicium 248. The unlock indicium 244 includes an arrow pointing in the direction of rotation used to unthread the internal threads 240 from the external threads 128 and to move the fastening member 172 to the unclamped position. The lock indicium 248 includes an arrow pointing in the opposite direction for threading the internal threads 240 onto the external threads 128 and to move the fastening member 172 to the clamped position.”).
Regarding claim 4, Bernardi further discloses: while the wrench assembly is in the first position, the wrench assembly is disengaged from the bit holder (see Fig. 3).
Regarding claim 5, Bernardi further discloses: a locking structure (Fig. 3, lock openings 180) positioned on the drive shaft, and a lock assembly (Fig. 3, shaft lock assembly 184) engaging the locking structure to prevent rotation of the drive shaft.
Regarding claim 6, Bernardi further discloses: the locking structure is movable between a first position (Fig. 3), where the lock assembly engages the locking structure to prevent rotation of the drive shaft, and a second position (Fig. 2), where the lock assembly disengages the locking structure.
Regarding claim 7, Bernardi further discloses: the bit holder (Fig. 3, fastening member 172 and collet 168) includes a connection member (Fig. 3, connection member 164) connected to the drive shaft and defining a bore , a collet (Fig. 3, collet 168) positioned within the bore, and a spindle (Fig. 3, fastening member 172) threadably coupled to the connection member.
Claims 1, 4 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lui, (US 7293944).
Regarding claim 1, Lui discloses: A rotary tool (Fig. 1, tool 20) comprising:
a housing (Fig. 1, elongate body 21 and cap 110) including a first end, a second end opposite the first end, and a longitudinal axis extending between the first end and the second end;
a drive shaft (Fig. 1, rotary output shaft 25) positioned within the housing;
a bit holder (Fig. 1, bit holder 10) positioned adjacent the second end of the housing and driven by the drive shaft;
a wrench assembly (Fig. 1, operator 100) coaxially movable along the longitudinal axis between a first position and a second position (Fig. 2 vs. Fig. 3), the wrench assembly secured to the housing when in a first position (Fig. 3), the wrench assembly engageable with the bit holder when in the second position (Fig. 2);
a groove (Fig. 1, slots 115 and Fig. 3, wall/aperture 23/24) positioned on one of the housing and the wrench assembly; and
a protrusion (Fig. 1, foot 134) positioned on the other of the housing and the wrench assembly, wherein
when the wrench is in a first position (see Fig. 3), the protrusion engages the groove and retains the wrench assembly against axial movement, and
when the wrench is in the second position, the protrusion is disengaged from the groove to release the wrench assembly (see Fig.2),
the wrench assembly is configured to move from the first position to the second position by an exerted force that slides the wrench assembly in an axial direction along the longitudinal axis (Col. 3, line 23, “Upon being connected to the power tool 20, the mount 130 supports the cap 110 for sliding movement along its legs 133 between a rear non-operative position (FIG. 2) and a front operative position (FIG. 3). In the non-operative position, the cap 110 is rotationally disengaged rearwardly from the collet nut 11 under the action of the spring 140. Upon manual pulling of the cap 110 to the operative position against the spring 140, it is brought forwards into rotational engagement with the collet nut 11 by its hexagonal insert aperture 122 then surrounding the hexagonal nut 11 (previously the shaft 25). The cap 110 is sufficiently large in diameter for comfortable turning manually to tighten or loosening the collet 10. Upon release, the cap 110 is returned to the non-operative position by the spring 140, whereby the cap 110 is normally inoperative and does not hinder the normal use of the power tool 20.”).
Regarding claim 4, Lui further discloses: while the wrench assembly is in the first position, the wrench assembly is disengaged from the bit holder (see Fig. 3).
Regarding claim 8, Lui further discloses: the wrench assembly is configured to move from the first position to the second position without rotating (see Figs. 2-3).
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 2 and 3 are rejected under 35 U.S.C. 103 as being obvious over Bernardi in view of Puzio, (US 20220009064).
Regarding claim 2, Bernardi discloses the device of claim 2.
Bernardi does not explicitly disclose: a light source supported on the housing.
Puzio teaches: a light source supported on the housing (Fig. 1, [0133] - “A light ring 34 can be located on a front portion of the power tool 10 just behind the end effector 20 in a recess 36 in the clutch collar 30”).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the design of Bernardi with the inclusion of the light source from Puzio, thereby combining prior art elements to achieve a predictable and desirable result. The benefit of this inclusion allows for the device to light the work area, thereby increasing the productivity and safety of the operator.
Regarding claim 3, Bernardi discloses the device of claim 1.
Bernardi does not explicitly disclose: a light source positioned within the housing.
Puzio teaches: a light source positioned within the housing (Fig. 1, [0133] - “A light ring 34 can be located on a front portion of the power tool 10 just behind the end effector 20 in a recess 36 in the clutch collar 30”).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the design of Bernardi with the inclusion of the light source from Puzio, thereby combining prior art elements to achieve a predictable and desirable result. The benefit of this inclusion allows for the device to light the work area, thereby increasing the productivity and safety of the operator.
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being obvious over Liu in view of Puzio, (US 20220009064).
Regarding claim 2, Liu discloses the device of claim 2.
Liu does not explicitly disclose: a light source supported on the housing.
Puzio teaches: a light source supported on the housing (Fig. 1, [0133] - “A light ring 34 can be located on a front portion of the power tool 10 just behind the end effector 20 in a recess 36 in the clutch collar 30”).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the design of Liu with the inclusion of the light source from Puzio, thereby combining prior art elements to achieve a predictable and desirable result. The benefit of this inclusion allows for the device to light the work area, thereby increasing the productivity and safety of the operator.
Regarding claim 3, Liu discloses the device of claim 1.
Liu does not explicitly disclose: a light source positioned within the housing.
Puzio teaches: a light source positioned within the housing (Fig. 1, [0133] - “A light ring 34 can be located on a front portion of the power tool 10 just behind the end effector 20 in a recess 36 in the clutch collar 30”).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the design of Liu with the inclusion of the light source from Puzio, thereby combining prior art elements to achieve a predictable and desirable result. The benefit of this inclusion allows for the device to light the work area, thereby increasing the productivity and safety of the operator.
Claim 7 is rejected under 35 U.S.C. 103 as being obvious over Liu in view of Bernardi.
Regarding claim 7, Lui discloses the device of claim 1.
Liu does not explicitly disclose: the bit holder includes a connection member connected to the drive shaft and defining a bore , a collet positioned within the bore, and a spindle threadably coupled to the connection member.
Bernardi teaches: the bit holder (Fig. 3, fastening member 172 and collet 168) includes a connection member (Fig. 3, connection member 164) connected to the drive shaft and defining a bore , a collet (Fig. 3, collet 168) positioned within the bore, and a spindle (Fig. 3, fastening member 172) threadably coupled to the connection member.
Therefore, it would have been obvious to one having ordinary skill in the art at the time before filing to utilize the bit holder as taught by Bernardi in combination with the device of Lui, thereby combining prior art elements to achieve a predictable result. This alteration represents a simple substitution of one bit holder for another, as the Lui art does not present significant detail as to the structure of the bit holder.
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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/DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731