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 .
DETAILED ACTION
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 8, 14 and 16 to 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 Claims 13 and 16:
Both claims include the limitation “behind” that is not defined in the claims. For prosecution it will be considered as in the proximal direction to the handle.
Regarding Claim 8, 14, 16.
The claims include the limitation “forward” that is not defined in the claims. For prosecution it will be interpreted as away from.
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 to 12, 14 and 16 to 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 2022/0095369 translation with paragraph number attached) in view of Kelleher (US 2014/0338940).
Lee discloses a hammer drill, comprising: a motor an output spindle driven by the motor (Paragraph 0025, Figure 1, motor not numbered drives spindle 100);
a clutch housing (Figure 3, Gear housing 200 will be considered the clutch housing);
a hammering mechanism comprising a first ratchet and a second ratchet, the hammering mechanism configured to impart axial impacts to the output spindle (Paragraph 0042, Figure 3, the impact generating unit 500 includes a first ratchet 520, that will be considered the second ratchet and a second ratchet 530) that will be considered the first ratchet); and
an insert in the clutch housing; wherein the insert comprises a body disposed around the spindle and a plurality of legs extending from the body (Figures 3 and 7, Ratchet supporter 510 will be considered the insert, comprising an annular body not numbered around the spindle and a plurality of projections 512 and 511 that will be considered legs extending from the body).
Lee does not specifically disclose the hammer drill comprising a tool housing comprising a motor housing portion; and the motor being in the motor housing portion.
Kelleher teaches a similar hammer drill, comprising: an output spindle driven by a motor a tool housing comprising a motor housing portion; a motor in the motor housing portion (Paragraph 0024, Figures 1 and 2, power tool 10, driving output spindle 20 includes a tool housing 12 with includes a motor cavity 40 in the rear where motor 14 is located and will be considered the motor housing portion).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Lee the teachings of Kelleher and have the hammer drill comprise a tool housing comprising a motor housing portion; and the motor being in the motor housing portion since the use of housings for the power tools and have motors placed in motor housing portions is a common practice in the art.
Regarding Claims 2, 3 and 4:
As discussed for Claim 1 above, the modified invention of Lee discloses the invention as claimed.
Lee does not disclose wherein the clutch housing comprises a first material with a first melting point. wherein the insert comprises a second material with a second melting point; and wherein the second melting point is higher than the first melting point.
Kelleher teaches a similar hammer drill that to make a more lightweight tool includes (Paragraph 0040) a clutch housing 300 made of a non-metallic material lightweight material, such as a plastic material and in particular a partially glass filled nylon material, known for having a melting point of 260 degrees Celsius that will be considered as the first melting point, while the other components of the clutch mechanism, such as rotating ratchet wheel 422, fixed ratchet wheel 424 and annular cam plate 434, that can be considered the insert, which are generally composed of a good heat conductive metal to better dissipate the heat generated, (Paragraph 0012) preventing melting or deformation of the clutch housing, an aluminum or aluminum alloy material are recommended as a good heat conductor and Aluminum is known to have a melting point of over 660 degrees Celsius, that will be considered the second melting point, 400 degrees higher than the first melting point.
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Lee the teachings of Kelleher and to obtain a more lightweight tool have the clutch housing made of a non-metallic material lightweight material, such as a partially glass filled nylon material, known for having a melting point of 260 degrees Celsius while the other components of the clutch mechanism, such as the first and second ratches and the insert, of a good heat conductive metal, such as aluminum or aluminum alloy material, having a melting point of over 660 degrees Celsius, 400 degrees over the melting point of the partially glass filled nylon material, to better dissipate the heat generated preventing melting or deformation of the clutch housing.
Regarding Claims 5 and 9:
As discussed for Claim 1 above, the modified invention of Lee discloses the invention as claimed.
Lee does not specifically mention wherein the plurality of legs have a projection length of at least five millimeters, but on the figures, in particular Figures 3, and 7 to 11, the length of the projections 511 and 512 is proportional to the size of the spindle and the first ratchet 520 and second ratchet 530.
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to make the hammer drill of a size so the plurality of legs have a projection length of at least five millimeters, since that limitation does not seem to solve any stated problem or provide a particular advantage; where a change solves no stated problem, it is considered a mere matter of choice and therefore obvious.
Regarding Claim 6 and 7:
Lee discloses that the clutch housing comprises a longitudinally extending groove (Paragraph 0045, Figure 3, gear housing 200, considered the clutch housing, includes a ratchet coupling groove 210 where locking jaws 531 of ratchet 530, considered the first ratchet, are coupled to be inserted and fixed in the ratchet coupling groove 210); wherein the insert forms at least a part of a sidewall of the longitudinally extending groove; and wherein the first ratchet comprises a first ratchet projection and the first ratchet projection engages the longitudinally extending groove (Figures 7 and 8, locking jaws 531 will be considered the first ratchet projections; the Attached Figure is a representation of a locking jaw 531 of ratchet 530 inserted on ratchet coupling groove 210 with a locking projection 512 of ratchet supporter 510, considered the insert, as in the position indicated on Figure 8a, with ratches 510 and 520 contacting each other).
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In that position, the shadowed section of locking protrusion 512 of limits the width of the ratchet coupling groove 210, so it can be considered a movable sidewall of the ratchet coupling groove 210. At the same time, locking protrusion 512 of ratchet supporter 510, considered the insert, at least a part of the longitudinally extending groove).
Regarding Claim 8:
Lee discloses that the first ratchet is rotationally fixed relative to the clutch housing (Paragraph 0045, locking jaws 531 of ratchet 530, considered the first ratchet, are coupled to be inserted and fixed in the ratchet coupling groove 210); and wherein the plurality of legs extend in a forward direction to an area adjacent to the first ratchet (Figure 8a, and 8b show locking protrusion 512 extending to an area adjacent to ratchet 530, considered the first ratchet).
Regarding Claim 10:
Lee discloses a hammer drill, comprising: a motor an output spindle driven by the motor (Paragraph 0025, Figure 1, motor not numbered drives spindle 100);
a clutch housing (Figure 3, Gear housing 200 will be considered the clutch housing);
a hammering mechanism comprising a first ratchet and a second ratchet, the hammering mechanism configured to impart axial impacts to the output spindle (Paragraph 0042, Figure 3, the impact generating unit 500 includes a first ratchet 520, that will be considered the second ratchet and a second ratchet 530) that will be considered the first ratchet); and
an insert in the clutch housing; wherein the insert comprises a body disposed around the spindle and a plurality of legs extending from the body (Figures 3 and 7, Ratchet supporter 510 will be considered the insert, comprising an annular body not numbered around the spindle and a plurality of projections 512 and 511 that will be considered legs extending from the body), and wherein at least a portion of the insert is in an area adjacent to the first ratchet (Figure 8a, and 8b show locking protrusion 512 of Ratchet supporter 510, considered the insert, extending to an area adjacent to ratchet 530, considered the first ratchet).
Lee does not specifically disclose the hammer drill comprising a tool housing comprising a motor housing portion; and the motor being in the motor housing portion.
Kelleher teaches a similar hammer drill, comprising: an output spindle driven by a motor a tool housing comprising a motor housing portion; a motor in the motor housing portion (Paragraph 0024, Figures 1 and 2, power tool 10, driving output spindle 20 includes a tool housing 12 with includes a motor cavity 40 in the rear where motor 14 is located and will be considered the motor housing portion).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Lee the teachings of Kelleher and have the hammer drill comprise a tool housing comprising a motor housing portion; and the motor being in the motor housing portion since the use of housings for the power tools and have motors placed in motor housing portions is a common practice in the art.
Lee does not disclose wherein the clutch housing comprises a first material with a first melting point. wherein the insert comprises a second material with a second melting point; and wherein the second melting point is higher than the first melting point.
Kelleher teaches a similar hammer drill that to make a more lightweight tool includes (Paragraph 0040) a clutch housing 300 made of a non-metallic material lightweight material, such as a plastic material and in particular a partially glass filled nylon material, known for having a melting point of 260 degrees Celsius that will be considered as the first melting point, while the other components of the clutch mechanism, such as rotating ratchet wheel 422, fixed ratchet wheel 424 and annular cam plate 434, that can be considered the insert, which are generally composed of a good heat conductive metal to better dissipate the heat generated, (Paragraph 0012) preventing melting or deformation of the clutch housing, an aluminum or aluminum alloy material are recommended as a good heat conductor and Aluminum is known to have a melting point of over 660 degrees Celsius, that will be considered the second melting point, 400 degrees higher than the first melting point.
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Lee the teachings of Kelleher and to obtain a more lightweight tool have the clutch housing made of a non-metallic material lightweight material, such as a partially glass filled nylon material, known for having a melting point of 260 degrees Celsius while the other components of the clutch mechanism, such as the first and second ratches and the insert, of a good heat conductive metal, such as aluminum or aluminum alloy material, having a melting point of over 660 degrees Celsius, 400 degrees over the melting point of the partially glass filled nylon material, to better dissipate the heat generated preventing melting or deformation of the clutch housing.
Regarding Claim 11:
Lee discloses that the fixed ratchet comprises a fixed ratchet projection, the fixed ratchet projection extending radially outwardly and configured to limit radial movement of the fixed ratchet (Paragraph 0045, Figure 7, second ratchet 530 comprises locking jaws 531, extending radially, and second ratchet 530 is coupled to be inserted and fixed in the ratchet coupling groove 210 by locking jaws 531); and wherein at least a portion of the insert is in an area adjacent to the fixed ratchet projection (Figure 8a, and 8b show locking protrusion 512 of Ratchet supporter 510, considered the insert, extending to an area adjacent to ratchet 530, considered the first ratchet).
Regarding Claim 12:
Lee discloses the clutch housing comprises a longitudinally extending groove; and wherein the insert forms at least a part of a sidewall of the longitudinally extending groove Lee discloses that the clutch housing comprises a longitudinally extending groove (Paragraph 0045, Figure 3, gear housing 200, considered the clutch housing, includes a ratchet coupling groove 210 where locking jaws 531 of ratchet 530, considered the first ratchet, are coupled to be inserted and fixed in the ratchet coupling groove 210); wherein the insert forms at least a part of a sidewall of the longitudinally extending groove; and wherein the first ratchet comprises a first ratchet projection and the first ratchet projection engages the longitudinally extending groove (Figures 7 and 8, locking jaws 531 will be considered the first ratchet projections; the Attached Figure is a representation of a locking jaw 531 of ratchet 530 inserted on ratchet coupling groove 210 with a locking projection 512 of ratchet supporter 510, considered the insert, as in the position indicated on Figure 8a, with ratches 510 and 520 contacting each other).
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In that position, the shadowed section of locking protrusion 512 of limits the width of the ratchet coupling groove 210, so it can be considered a movable sidewall of the ratchet coupling groove 210. At the same time, locking protrusion 512 of ratchet supporter 510, considered the insert, at least a part of the longitudinally extending groove).
Regarding Claim 14:
Lee discloses that the insert comprises a generally cylindrical body and at least one projection that projects forward from the generally cylindrical body; and wherein the generally cylindrical body is around a portion of the output spindle (Figures 3 and 7, Ratchet supporter 510 will be considered the insert, comprising an annular body not numbered around the spindle and a plurality of projections 512 and 511 extending from the body).
Regarding Claim 16:
Lee discloses a hammer drill, comprising: a motor an output spindle driven by the motor (Paragraph 0025, Figure 1, motor not numbered drives spindle 100);
a clutch housing (Figure 3, Gear housing 200 will be considered the clutch housing);
a hammering mechanism comprising a cam ring, a first ratchet and a second ratchet, the hammering mechanism configured to impart axial impacts to the output spindle (Paragraph 0042, Figure 3, the impact generating unit 500 includes a first ratchet 520, that will be considered the second ratchet and a second ratchet 530) that will be considered the first ratchet, Figure 9, Bearing 110 will be considered the cam ring); and
an insert in the clutch housing; wherein the insert comprises a generally cylindrical body disposed around the spindle and at least one projection extending from the body (Figures 3 and 7, Ratchet supporter 510 will be considered the insert, comprising an annular body not numbered around the spindle and a plurality of projections 512 and 511 extending from the body);
wherein the generally cylindrical body is around a portion of the output spindle and behind the cam ring (Figure 9, Ratchet supporter 510 is behind the bearing 110).
Lee does not specifically disclose the hammer drill comprising a tool housing comprising a motor housing portion; and the motor being in the motor housing portion.
Kelleher teaches a similar hammer drill, comprising: an output spindle driven by a motor a tool housing comprising a motor housing portion; a motor in the motor housing portion (Paragraph 0024, Figures 1 and 2, power tool 10, driving output spindle 20 includes a tool housing 12 with includes a motor cavity 40 in the rear where motor 14 is located and will be considered the motor housing portion).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Lee the teachings of Kelleher and have the hammer drill comprise a tool housing comprising a motor housing portion; and the motor being in the motor housing portion since the use of housings for the power tools and have motors placed in motor housing portions is a common practice in the art.
Lee does not specifically mention wherein the projection have a projection length of at least five millimeters, but on the figures, in particular Figures 3, and 7 to 11, the length of the projections 511 and 512 is proportional to the size of the spindle and the first ratchet 520 and second ratchet 530.
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to make the hammer drill of a size so the projection have a projection length of at least five millimeters, since that limitation does not seem to solve any stated problem or provide a particular advantage; where a change solves no stated problem, it is considered a mere matter of choice and therefore obvious.
Regarding Claim 17:
Lee discloses that the at least one projection comprises a plurality of legs (Figure 7, the projections 511 and 512 will be considered legs).
Regarding Claim 18:
As discussed for Claim 16 above, the modified invention of Lee discloses the invention as claimed.
Lee does not disclose wherein the clutch housing comprises a first material with a first melting point. wherein the insert comprises a second material with a second melting point; and wherein the second melting point is higher than the first melting point.
Kelleher teaches a similar hammer drill that to make a more lightweight tool includes (Paragraph 0040) a clutch housing 300 made of a non-metallic material lightweight material, such as a plastic material and in particular a partially glass filled nylon material, known for having a melting point of 260 degrees Celsius that will be considered as the first melting point, while the other components of the clutch mechanism, such as rotating ratchet wheel 422, fixed ratchet wheel 424 and annular cam plate 434, that can be considered the insert, which are generally composed of a good heat conductive metal to better dissipate the heat generated, (Paragraph 0012) preventing melting or deformation of the clutch housing, an aluminum or aluminum alloy material are recommended as a good heat conductor and Aluminum is known to have a melting point of over 660 degrees Celsius, that will be considered the second melting point, 400 degrees higher than the first melting point.
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Lee the teachings of Kelleher and to obtain a more lightweight tool have the clutch housing made of a non-metallic material lightweight material, such as a partially glass filled nylon material, known for having a melting point of 260 degrees Celsius while the other components of the clutch mechanism, such as the first and second ratches and the insert, of a good heat conductive metal, such as aluminum or aluminum alloy material, having a melting point of over 660 degrees Celsius, 400 degrees over the melting point of the partially glass filled nylon material, to better dissipate the heat generated preventing melting or deformation of the clutch housing.
Regarding Claim 19:
Lee discloses that the clutch housing comprises a longitudinally extending groove (Paragraph 0045, Figure 3, gear housing 200, considered the clutch housing, includes a ratchet coupling groove 210 where locking jaws 531 of ratchet 530, considered the first ratchet, are coupled to be inserted and fixed in the ratchet coupling groove 210); wherein the insert forms at least a part of a sidewall of the longitudinally extending groove; and wherein the first ratchet comprises a first ratchet projection and the first ratchet projection engages the longitudinally extending groove (Figures 7 and 8, locking jaws 531 will be considered the first ratchet projections; the Attached Figure is a representation of a locking jaw 531 of ratchet 530 inserted on ratchet coupling groove 210 with a locking projection 512 of ratchet supporter 510, considered the insert, as in the position indicated on Figure 8a, with ratches 510 and 520 contacting each other).
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In that position, the shadowed section of locking protrusion 512 of limits the width of the ratchet coupling groove 210, so it can be considered a movable sidewall of the ratchet coupling groove 210. At the same time, locking protrusion 512 of ratchet supporter 510, considered the insert, at least a part of the longitudinally extending groove).
Regarding Claim 20:
Lee discloses that the fixed ratchet comprises a ratchet projection and the ratchet projection engages the longitudinally extending groove (Paragraph 0045, Figure 3, gear housing 200, considered the clutch housing, includes a ratchet coupling groove 210 where locking jaws 531 of ratchet 530, considered the first ratchet, are coupled to be inserted and fixed in the ratchet coupling groove 210).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 2022/0095369) in view of Kelleher (US 2014/0338940) as applied to claim 10 above, and further in view of Grossmann (US 4479555).
Regarding Claim 15:
As discussed for Claim 10 above, the modified invention of Lee discloses the invention as claimed.
The modified invention of Lee discloses the insert being made of metal, but not specifically being made of at least one of powdered metal or sheet metal.
Grossmann teaches making metallic elements of the hammering mechanism of a similar tool of sintered metal (Column 2, line 60 and Column 3 line 36); powdered metal sintering is a metal manufacturing techniques by which metal powder is compacted in an appropriately sized mold and heated to a temperature sufficient to effect sintering to thereby provide the desired part on a single step with minimum waste of material.
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to the modified invention of Lee the teachings of Grossmann and make the insert by sintering as a well-known method of manufacturing metal parts on a single step with minimum waste of material.
Claims 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Tomayko (US 20130161040) in view of Kelleher (US 2014/0338940).
Regarding Claim 10:
Tomayko discloses a hammer drill, comprising: a tool housing comprising a motor housing portion; a motor in the motor housing portion; an output spindle driven by the motor (Figure 1, Paragraphs 0043 and 0044, Power tool 10 is a hammer drill, comprising a motor cavity 56 to hold motor 14, driving an output spindle 20);
a clutch housing; a hammering mechanism comprising a first ratchet rotationally fixed relative to the clutch housing and a second ratchet fixed to the output spindle, the hammering mechanism configured to impart axial impacts to the output spindle (Figure 8, Paragraph 0088, hammer mechanism 22 can include a first cam 600 and a second cam 602 that are considered ratchets, rear case portion 60 will be considered the clutch housing); and
an insert in the clutch housing; and wherein at least a portion of the insert is in an area adjacent to the first ratchet (Figure 18, clutch bypass member 706 will be considered the insert and it is adjacent to second cam 602 that will be considered the first clutch).
Tomayko does not disclose wherein the clutch housing comprises a first material with a first melting point. wherein the insert comprises a second material with a second melting point; and wherein the second melting point is higher than the first melting point.
Kelleher teaches a similar hammer drill that to make a more lightweight tool includes (Paragraph 0040) a clutch housing 300 made of a non-metallic material lightweight material, such as a plastic material and in particular a partially glass filled nylon material, known for having a melting point of 260 degrees Celsius that will be considered as the first melting point, while the other components of the clutch mechanism, such as rotating ratchet wheel 422, fixed ratchet wheel 424 and annular cam plate 434, that can be considered the insert, which are generally composed of a good heat conductive metal to better dissipate the heat generated, (Paragraph 0012) preventing melting or deformation of the clutch housing, an aluminum or aluminum alloy material are recommended as a good heat conductor and Aluminum is known to have a melting point of over 660 degrees Celsius, that will be considered the second melting point, 400 degrees higher than the first melting point.
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Tomayko the teachings of Kelleher and to obtain a more lightweight tool have the clutch housing made of a non-metallic material lightweight material, such as a partially glass filled nylon material, known for having a melting point of 260 degrees Celsius while the other components of the clutch mechanism, such as the first and second ratches and the insert, of a good heat conductive metal, such as aluminum or aluminum alloy material, having a melting point of over 660 degrees Celsius, 400 degrees over the melting point of the partially glass filled nylon material, to better dissipate the heat generated preventing melting or deformation of the clutch housing.
Regarding Claim 13:
Tomayko discloses a cam ring behind the first rachet; and wherein at least a portion of the insert is in an area behind the cam ring (Figure 18, clutch bypass surface 770 of mode selection cam plate 704 will be considered the cam ring, lugs 802 of the clutch bypass member 706 extend around mode selection cam plate 704 and Figures 20 and 21 show the ends of lungs 802 behind the clutch bypass surface 770 of mode selection cam plate 704).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In particular Tomayko (US 20130161040), Puzio (US 2007/0068692), Mok (US 2010/0193207), Kelleher (US 2014/0338940) or Lu (US 2021/0107128) could have been used as main reference for a proper rejection of the independent claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDUARDO R FERRERO whose telephone number is (571)272-9946. The examiner can normally be reached M-F 9:30-7:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDUARDO R FERRERO/Examiner, Art Unit 3731
/ROBERT F LONG/Primary Examiner, Art Unit 3731