Prosecution Insights
Last updated: October 02, 2026
Application No. 18/929,834

ROTARY TOOL

Non-Final OA §102§103
Filed
Oct 29, 2024
Priority
Dec 04, 2023 — JP 2023-204829
Examiner
GUMP, MICHAEL ANTHONY
Art Unit
Tech Center
Assignee
MAKITA Corporation
OA Round
1 (Non-Final)
64%
Grant Probability
Moderate
1-2
OA Rounds
11y 3m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
130 granted / 204 resolved
+3.7% vs TC avg
Strong +52% interview lift
Without
With
+51.5%
Interview Lift
resolved cases with interview
Typical timeline
13y 2m
Avg Prosecution
30 currently pending
Career history
240
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
49.0%
+9.0% vs TC avg
§102
14.9%
-25.1% vs TC avg
§112
27.6%
-12.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 204 resolved cases

Office Action

§102 §103
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 . Priority 1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement 2. The information disclosure statement (IDS) submitted on 10/29/2024 was filed prior to the mailing date of this action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 102 3. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claims 1-8 and 11-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Numata (US PGPUB 20120244788). Regarding claim 1, Numata teaches a rotary tool (fig. 1), comprising: a spindle 16 configured to be rotationally driven in a first direction around a drive axis [0022] that defines an up-down direction of the rotary tool (fig. 1), the spindle having a lower end portion configured as an externally threaded portion (fig. 1-2, threaded portion 16c) and a flange portion (fig. 1-2, flange portions 16a-b) protruding in a radially outward direction of the spindle above the externally threaded portion (fig. 1-2); an internally threaded member (lock nut 40) removably screwed onto the externally threaded portion [0027]; and an anti-loosening member (locking member 20) having an annular shape (fig. 2, annular due to hole 23) and fitted around the spindle above the externally threaded portion (fig. 1), the anti-loosening member being configured to (i) rotate integrally with the spindle when the spindle rotates in the first direction (due to spindle being located within fitting recess 22) and (ii) restrict loosening of the internally threaded member by displacing downward while rotating in the first direction with respect to the spindle in response to stopping of rotation of the spindle [0033], wherein: the flange portion has a lower surface having a first inclined surface (19a-b) that extends in a circumferential direction around the drive axis (fi. 3) and is inclined downward toward the first direction (fig. 3, [0033]), the anti-loosening member comprises: an annular base portion (see annotated fig. 2 below) disposed below the flange portion (fig. 1) and having a second inclined surface that slidably contacts the first inclined surface of the flange portion (surfaces 24a-b, [0025]); and a peripheral wall portion protruding upward along an outer edge portion of the base portion (see annotated fig. 2 below) and configured to abut a side surface of the flange portion and receive rotational driving force when the spindle rotates (fig. 1, [0031]), and PNG media_image1.png 822 781 media_image1.png Greyscale the peripheral wall portion is provided only on a part of the outer edge portion of the base portion (see annotated fig. 2 above, wherein the peripheral wall portion is provided only on an upper part of the outer edge portion of the base portion and not provided on the radial outer part of the outer edge portion of the base portion). Regarding claim 2, Numata teaches the claimed invention as rejected above in claim 1. Additionally, Numata teaches wherein the base portion comprises a passage extending from a radially inward end to a radially outward end of the base portion below the flange portion (fig. 2, passage on side of inclined surfaces 24a-b). Regarding claim 3, Numata teaches the claimed invention as rejected above in claim 2. Additionally, Numata teaches wherein the passage is adjacent to an end of the second inclined surface, the end being opposite to the first direction in the circumferential direction (fig. 2 and 5, wherein the passage is adjacent to an end of the second inclined surface 24a and b, the end being opposite to the first direction in the circumferential direction (fig. 5, passages on both sides)). Regarding claim 4, Numata teaches the claimed invention as rejected above in claim 1. Additionally, Numata teaches wherein an upper end of the peripheral wall portion of the anti-loosening member is at a lower position than an upper end of the flange portion of the spindle in the up-down direction (fig. 1, the upper end of the peripheral wall portion is at a lower position than an uppermost end of the flange portion 16a, wherein the uppermost end of the flange portion is slightly radially recessed). Regarding claim 5, Numata teaches the claimed invention as rejected above in claim 4. Additionally, Numata teaches wherein the upper end of the peripheral wall portion is at a position the same as or below a center in the up-down direction of the flange portion (fig. 1, the term “at” does not require any specific spatial or structural relationship. Therefore, the upper end of the peripheral wall portion is “at” a position the same as a center of the flange portion). Regarding claim 6, Numata teaches the claimed invention as rejected above in claim 1. Additionally, Numata teaches wherein the peripheral wall portion comprises: a rotation transmission portion having a rotation transmission surface configured to receive the rotational driving force from the spindle (fig. 5, surface 22a, [0031]); and an extension portion (i) disposed radially outward of the flange portion and (ii) extending in a second direction, which is opposite to the first direction, from an end on the second direction side of the rotation transmission portion (fig. 5-6, skinny wall portion of peripheral wall portion which intersects axis B-B in fig. 5, wherein this section is disposed radially outward of the flange portion and extends in a second direction, opposite to the first direction which is towards contact surface 22a, from an end on the second direction side of the rotation transmission portion). Regarding claim 7, Numata teaches the claimed invention as rejected above in claim 6. Additionally, Numata teaches the peripheral wall portion further comprises a stopper portion having a stopper surface configured to abut the side surface of the flange portion to restrict rotation of the anti-loosening member when the anti-loosening member rotates in the first direction with respect to the spindle (fig. 5, opposite surface of 22a), and the extension portion extends along the outer edge portion of the base portion from at least a virtual first plane containing the rotation transmission surface to a virtual second plane containing the stopper surface (fig. 2 and 5, the extension portion extends completely around the base portion (fig. 5), therefore, the extension portion extends along the outer edge portion of the base portion from at least a virtual first plane containing the rotation transmission surface 22a to a virtual second plane containing the stopper surface). Regarding claim 8, Numata teaches the claimed invention as rejected above in claim 6. Additionally, Numata teaches further comprising: an annular member (flange 30, fig. 2) removably disposed around the spindle between the anti-loosening member and the externally threaded portion (fig. 1), wherein: the annular member is configured to engage with the anti-loosening member and rotate integrally with the anti-loosening member (via 25 of locking member and 31 of flange, fig. 2, [0030]), a recess (fig. 2, recess indicated by element 25) configured to engage with the annular member (via groove 31 of flange 30) is formed in a lower portion of the rotation transmission portion of the base portion (fig. 2, recess indicated by element 25 is formed in a lower portion of the rotation transmission portion of the base portion of the locking member 20), and the extension portion extends in the second direction beyond an end on the second direction side of the recess (fig. 2, the extension portion extends completely around the base portion (fig. 2); therefore, the extension portion extends in the second direction beyond an end on the second direction side of the recess). Regarding claim 11, Numata teaches the claimed invention as rejected above in claim 3. Additionally, Numata teaches wherein the peripheral wall portion comprises: a rotation transmission portion having a rotation transmission surface configured to receive the rotational driving force from the spindle (fig. 5, surface 22a, [0031]); and an extension portion (i) disposed radially outward of the flange portion and (ii) extending in a second direction, which is opposite to the first direction, from an end on the second direction side of the rotation transmission portion (fig. 5-6, skinny wall portion of peripheral wall portion which intersects axis B-B in fig. 5, wherein this section is disposed radially outward of the flange portion and extends in a second direction, opposite to the first direction which is towards contact surface 22a, from an end on the second direction side of the rotation transmission portion). Regarding claim 12, Numata teaches the claimed invention as rejected above in claim 11. Additionally, Numata teaches the peripheral wall portion further comprises a stopper portion having a stopper surface configured to abut the side surface of the flange portion to restrict rotation of the anti-loosening member when the anti-loosening member rotates in the first direction with respect to the spindle (fig. 5, opposite surface of 22a), and the extension portion extends along the outer edge portion of the base portion from at least a virtual first plane containing the rotation transmission surface to a virtual second plane containing the stopper surface (fig. 2 and 5, the extension portion extends completely around the base portion (fig. 5), therefore, the extension portion extends along the outer edge portion of the base portion from at least a virtual first plane containing the rotation transmission surface 22a to a virtual second plane containing the stopper surface). Regarding claim 13, Numata teaches the claimed invention as rejected above in claim 12. Additionally, Numata teaches further comprising: an annular member (flange 30, fig. 2) removably disposed around the spindle between the anti-loosening member and the externally threaded portion (fig. 1), wherein: the annular member is configured to engage with the anti-loosening member and rotate integrally with the anti-loosening member (via 25 of locking member and 31 of flange, fig. 2, [0030]), a recess (fig. 2, recess indicated by element 25) configured to engage with the annular member (via groove 31 of flange 30) is formed in a lower portion of the rotation transmission portion of the base portion (fig. 2, recess indicated by element 25 is formed in a lower portion of the rotation transmission portion of the base portion of the locking member 20), and the extension portion extends in the second direction beyond an end on the second direction side of the recess (fig. 2, the extension portion extends completely around the base portion (fig. 2); therefore, the extension portion extends in the second direction beyond an end on the second direction side of the recess). Regarding claim 14, Numata teaches the claimed invention as rejected above in claim 5. Additionally, Numata teaches wherein the peripheral wall portion comprises: a rotation transmission portion having a rotation transmission surface configured to receive the rotational driving force from the spindle (fig. 5, surface 22a, [0031]); and an extension portion (i) disposed radially outward of the flange portion and (ii) extending in a second direction, which is opposite to the first direction, from an end on the second direction side of the rotation transmission portion (fig. 5-6, skinny wall portion of peripheral wall portion which intersects axis B-B in fig. 5, wherein this section is disposed radially outward of the flange portion and extends in a second direction, opposite to the first direction which is towards contact surface 22a, from an end on the second direction side of the rotation transmission portion). Regarding claim 15, Numata teaches the claimed invention as rejected above in claim 14. Additionally, Numata teaches the peripheral wall portion further comprises a stopper portion having a stopper surface configured to abut the side surface of the flange portion to restrict rotation of the anti-loosening member when the anti-loosening member rotates in the first direction with respect to the spindle (fig. 5, opposite surface of 22a), and the extension portion extends along the outer edge portion of the base portion from at least a virtual first plane containing the rotation transmission surface to a virtual second plane containing the stopper surface (fig. 2 and 5, the extension portion extends completely around the base portion (fig. 5), therefore, the extension portion extends along the outer edge portion of the base portion from at least a virtual first plane containing the rotation transmission surface 22a to a virtual second plane containing the stopper surface). Regarding claim 16, Numata teaches the claimed invention as rejected above in claim 15. Additionally, Numata teaches further comprising: an annular member (flange 30, fig. 2) removably disposed around the spindle between the anti-loosening member and the externally threaded portion (fig. 1), wherein: the annular member is configured to engage with the anti-loosening member and rotate integrally with the anti-loosening member (via 25 of locking member and 31 of flange, fig. 2, [0030]), a recess (fig. 2, recess indicated by element 25) configured to engage with the annular member (via groove 31 of flange 30) is formed in a lower portion of the rotation transmission portion of the base portion (fig. 2, recess indicated by element 25 is formed in a lower portion of the rotation transmission portion of the base portion of the locking member 20), and the extension portion extends in the second direction beyond an end on the second direction side of the recess (fig. 2, the extension portion extends completely around the base portion (fig. 2); therefore, the extension portion extends in the second direction beyond an end on the second direction side of the recess). Claim Rejections - 35 USC § 103 4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Numata (US PGPUB 20120244788) in view of Furusawa et al. (US PGPUB 20150042052), hereinafter Furusawa. Regarding claim 9, Numata teaches the claimed invention as rejected above in claim 1. Additionally, Numata teaches further comprising: a body (C ring, fig. 1, [0030]) attached to an annular groove formed on an outer peripheral surface of the spindle (fig. 1-2), wherein the anti-loosening member is held by the body [0030] such that the anti-loosening member is (i) rotatable around the drive axis with respect to the spindle [0033] and (ii) movable in the up-down direction with respect to the spindle ([0033], Numata teaches tilted surfaces 19a-b press the tilted surfaces 24a-b toward the grinding stone). Numata does not explicitly teach the body is an annular elastic body, wherein the elastic body allows for elastic deformation. However, Furusawa teaches a work tool, wherein an O-ring 127 generates a friction force to prevent the clamp shaft from accidentally coming off [0079], wherein the O-ring corresponds to an “elastic member” [0079 and 0186], wherein the O-ring is an annular elastic body that allows for elastic deformation [0079 and 0186]. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Numata to incorporate the teachings of Furusawa to provide wherein the body is an annular elastic body, wherein the elastic body allows for elastic deformation. Specifically, it would have been obvious to substitute an O-ring (as taught by Furusawa) for the C ring body. Doing so would have been a simple substitution (MPEP 2143) of one known retaining member for another known retaining member to obtain the predictable results of retaining the locking member in place. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Numata (US PGPUB 20120244788) in view of Habele et al. (WO 2005016594), hereinafter Habele. Regarding claim 10, Numata teaches the claimed invention as rejected above in claim 1. Numata does not explicitly teach wherein an angle between a plane orthogonal to the drive axis and the first inclined surface is greater than a lead angle of a thread of the externally threaded portion. However, Habele teaches a portable power tool, wherein an angle between a plane orthogonal to the drive axis and the first inclined surface is greater than a lead angle of a thread of the externally threaded portion (page 3 of attached translation, first paragraph). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Numata to incorporate the teachings of Habele to provide wherein an angle between a plane orthogonal to the drive axis and the first inclined surface is greater than a lead angle of a thread of the externally threaded portion. Specifically, it would have been obvious to provide wherein the inclined surfaces are angled greater than the lead angle of the thread of the externally threaded portion. Doing so would allow the device to function as intended with a known angle relationship as provided by Habele. Additionally, doing so would promote safety and prevent damage due of the rotary tool. Conclusion 5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Esenwein (US PGPUB 20130288581) teaches a spindle on a tool similar to the claimed invention. Ikuta (US PGPUB 20120227527) teaches a spindle on a portable tool similar to the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL A GUMP whose telephone number is (571)272-2172. The examiner can normally be reached Monday- Friday 9:00-5:30. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Posigian can be reached at (313) 446-6546. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MICHAEL A GUMP/ Primary Examiner, Art Unit 3723
Read full office action

Prosecution Timeline

Oct 29, 2024
Application Filed
Aug 10, 2026
Non-Final Rejection mailed — §102, §103
Sep 17, 2026
Examiner Interview Summary
Sep 17, 2026
Applicant Interview (Telephonic)

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Prosecution Projections

1-2
Expected OA Rounds
64%
Grant Probability
99%
With Interview (+51.5%)
13y 2m (~11y 3m remaining)
Median Time to Grant
Low
PTA Risk
Based on 204 resolved cases by this examiner. Grant probability derived from career allowance rate.

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