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
This application contains claims directed to the following patentably distinct species
Species 1, Figs. 1-12,
Species 2, Figs. 1-10, 13-15
Species 3, Figs. 1-10, 24-25;
Species 4, Figs. 1-10, 16-23, 26-31
The species are independent or distinct because each of these species utilizes a different construction and arrangement of parts. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, none of the claims are generic.
There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply: each of these species would require the use of differing search terms and modifiers.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
During a telephone conversation with Gerald Wissing on 11/25/2025, a provisional election was made without traverse to prosecute the invention of species 4 , Figs. 1-4, 6, 7, 10, 16-23, 26-31. Affirmation of this election must be made by applicant in replying to this Office action.
Allowable Subject Matter
Claims 6-8, 14-16, 22-24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the utilization of a second thrust bearing in combination with a first thrust bearing and a radial bearing in the bearing system associated with the drive shaft renders the claim allowable over the prior art.
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, 9-13, 17-21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hecht, US 20130270051.
Regarding claims 1, Hecht discloses: A drive assembly (Fig. 8, spindle locking apparatus 250) for a portable, hand-held tool, the drive assembly comprising:
a drive assembly housing ([0074], “housing 105);
a lead drive shaft (Fig. 8, drive shaft 120) having a distal end portion (Fig. 8, fastening apparatus 122), a proximal end portion (Fig. 8, planet carrier 204 attached to the end portion of the drive shaft) and an intermediate portion (Fig. 8, bearing points 132, 134) between the distal end portion and the proximal end portion, the proximal end portion is positioned within the drive assembly housing and interacts with a gear assembly (Figs. 1-15, gearbox 170) positioned within the drive assembly housing, the gear assembly being configured to translate high speed low torque rotation to lower speed higher torque rotation of the lead drive shaft (the purpose of a planetary gearbox in this type of tool is in fact to reduce the motor speed while increasing the torque output), the distal end portion being threaded and substantially outside the drive assembly housing (see Figs. 1-15), and the intermediate portion has a smooth exterior surface (see Figs. 1-15);
a bearing system ([0077], bearing assemblage including bearings 232 and 234) associated with at least the intermediate portion of the lead drive shaft such that when the lead drive shaft rotates during an operation of the tool, the lead drive shaft withstands:
radial loads applied to the lead drive shaft (both ball bearings (232) and sintered bearings (234) are clearly known in the art support radial and axial loads); and
axial loads applied to the lead drive shaft in the direction of the distal end portion of the lead drive shaft, or axial loads applied to the lead drive shaft in the direction of the proximal end portion of the lead drive shaft (both ball bearings (232) and sintered bearings (234) are clearly known in the art support radial and axial loads).
Regarding claims 2, 10, 18, Hecht further discloses: the gear assembly includes a multi-stage planetary gear assembly having at least an input stage and an output stage ([0080] “Planetary gearbox 170 has, for example, three gear stages or planetary stages: a front stage 270, a middle stage 271, and a rear stage 272.”).
Regarding claims 3, 11 and 19, Hecht further discloses: the bearing system comprises at least one radial bearing (Figs. 5, 6, and 15, ball bearing 234) and at least one thrust bearing (Figs. 5, 6, and 15, sintered bearing 232) in close proximity to the at least one radial bearing.
Regarding claims 4, 12 and 20, Hecht further discloses: the proximal end of the lead drive shaft includes a substantially flat plate that interacts with the gear assembly (Fig. 8, planet carrier 204).
Regarding claims 5, 13, and 21, Hecht further discloses: the bearing system comprises at least one radial bearing (Figs. 5, 6, and 15, ball bearing 234) and at least one thrust bearing (Figs. 5, 6, and 15, sintered bearing 232), the at least one thrust bearing being positioned to contact the substantially flat plate.
Regarding claim 9, Hecht discloses: A drive assembly (Fig. 8, spindle locking apparatus 250) for a portable, hand-held tool, the drive assembly comprising:
a drive assembly housing ([0074], “housing 105);
a lead drive shaft (Fig. 8, drive shaft 120) having a distal end portion (Fig. 8, fastening apparatus 122), a proximal end portion (Fig. 8, planet carrier 204 attached to the end portion of the drive shaft) and an intermediate portion (Fig. 8, bearing points 132, 134) between the distal end portion and the proximal end portion, the proximal end portion is positioned within the drive assembly housing and interacts with a gear assembly (Figs. 1-15, gearbox 170) positioned within the drive assembly housing, the gear assembly being configured to translate high speed low torque rotation to lower speed higher torque rotation of the lead drive shaft (the purpose of a planetary gearbox in this type of tool is in fact to reduce the motor speed while increasing the torque output), the distal end portion being threaded and substantially outside the drive assembly housing (see Figs. 1-15), and the intermediate portion has a smooth exterior surface (see Figs. 1-15);
a bearing system ([0077], bearing assemblage including bearings 232 and 234) associated with at least the intermediate portion of the lead drive shaft such that when the lead drive shaft rotates during an operation of the tool, the lead drive shaft withstands:
radial loads applied to the lead drive shaft (both ball bearings (232) and sintered bearings (234) are clearly known in the art support radial and axial loads); and
axial loads applied to the lead drive shaft in the direction of the distal end portion of the lead drive shaft, and axial loads applied to the lead drive shaft in the direction of the proximal end portion of the lead drive shaft (both ball bearings (232) and sintered bearings (234) are clearly known in the art support radial and axial loads).
Regarding claim 17, Hecht discloses: A drive assembly (Fig. 8, spindle locking apparatus 250) for a portable, hand-held tool, the drive assembly comprising:
a drive assembly housing ([0074], “housing 105);
a gear assembly (Figs. 1-15, gearbox 170) positioned within the drive assembly housing;
a lead drive shaft (Fig. 8, drive shaft 120) having a distal end portion (Fig. 8, fastening apparatus 122), a proximal end portion (Fig. 8, planet carrier 204 attached to the end portion of the drive shaft) and an intermediate portion (Fig. 8, bearing points 132, 134) between the distal end portion and the proximal end portion, the proximal end portion is positioned within the drive assembly housing and interacts with the gear assembly,
the distal end portion is threaded and is substantially outside the drive assembly housing (see Figs. 1-15), and the intermediate portion is positioned at least partially within the drive assembly housing and has a smooth exterior surface (see Figs. 1-15); and
a bearing system ([0077], bearing assemblage including bearings 232 and 234) that is interactive with at least the intermediate portion of the lead drive shaft enabling the lead drive shaft to withstand radial and axial loads as the lead drive shaft is rotated during operation of the tool (both ball bearings (232) and sintered bearings (234) are clearly known in the art support radial and axial loads).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Liu, US 7766787 and Vassos, US 4081704 both contain similar shaft and bearing structure, while lacking a second thrust bearing as is required by the claim limitations.
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.
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, Anna Kinsaul can be reached at 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731