DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16th, 2013 is being examined under the first inventor to file provisions of the AIA .
Election/Restriction Requirement
Applicant’s election without traverse of Group I comprising claims 1-9 in the reply filed on 03/16/2026 is acknowledged.
Claim Objections
Claims 2, 3, and 4 are objected to because of the following informalities:
Claim 2 recites, “…a valve case disposed within cavity.” However, it appears that the claims should instead recite, “…a valve case disposed within the cavity.”
Claim 3 recites, “wherein first manifold, second manifold, and armature…” However, it appears that the claim should instead recite, “wherein the first manifold, the second manifold, and the armature…”
Claim 4 recites, “…disposed radially outward form the bore…” However, it appears that this passage should instead recite, “…disposed radially outward from the bore…”
Appropriate correction is required.
Claim Rejections – 35 USC §102
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 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 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kobayashi (US 2010/0139940 A1).
Regarding claim 1, Kobayashi discloses a percussion tool (Shown in figure 1) comprising:
a barrel (Figure 1, #16) having a proximal region, having a distal region (Figure 1 shows the barrel #16 having a proximal region, right side of figure, and a distal region, left side of figure), and defining a bore extending from the proximal region to the distal region (Figure 1 further illustrates that the barrel has a bore extending from the proximal region);
a chisel at least partially disposed within the bore along the distal region (Figure 1 illustrates a tool #34 disposed within a distal region of the bore. Paragraph [0010] describes that the tool is a chisel);
a piston (Figure 1, #20) disposed within the bore (Shown in figure 1) and operable to move within the bore between the proximal region and the distal region (Described in ¶ [0010] - [0011] & [0014] - [0015]);
a handle (Figure 1, #14) secured to the barrel along the proximal region (Shown in figure 1), defining a cavity positioned adjacent to an end of the bore (Described in ¶'s [0010] & [0012], and shown in figure 1), and defining at least one channel operable to supply pressurized air to the cavity (Described in ¶ [0012] - passages #60/#62); and
a valve disposed within the cavity (Figure 1, #40 and described in ¶ [0010]), the valve having,
a first manifold (Figure 1, #52 & #56) operable to establish fluid communication between the cavity and the bore along the proximal region to drive the piston toward the distal region for engagement with the chisel (Described in ¶ [0014]),
a second manifold (Figure 3, #50 & #54) operable to establish fluid communication between the cavity and the bore along the distal region to drive the piston toward the proximal region and away from the chisel (Described in ¶ [0015]), and
an armature (Figures 1 and 3, #58) disposed between the first and second manifolds (Shown in figures 1 and 3, and described in ¶ [0011]), operable to (i) engage the first manifold to restrict fluid communication between the cavity and the bore along the proximal region (Described in ¶ [0014]), (ii) disengage the first manifold to facilitate fluid communication between the cavity and the bore along the proximal region (Described in ¶'s [0014] - [0015]), (iii) engage the second manifold to restrict fluid communication between the cavity and the bore along the distal region (Described in ¶'s [0014] - [0015]), and (iv) disengage the second manifold to facilitate fluid communication between the cavity and the bore along the distal region (Described in ¶'s [0014] - [0015]).
Regarding claim 2, Kobayashi further discloses wherein the valve further comprises a valve case (Figure 1, #50/#52 with a central opening #64 extending through both) disposed within cavity (Described in ¶ [0011]).
Regarding claim 3, Kobayashi further discloses wherein first manifold, second manifold, and armature are disposed annularly around the valve case (Described in ¶ [0011] - "...Each seat 54, 56 is formed as an annular land surrounded by a groove in the corresponding half. Passages 60, 62 extend between each seat 54, 56, respectively, and a central opening 64 extending through both valve housing portions 50, 52...").
Regarding claim 4, Kobayashi further discloses wherein the barrel defines at least one channel (Figure 2, #42) that is disposed radially outward form the bore (Shown in figure 2), and wherein the at least one channel is operable to establish fluid communication between the second manifold and the distal region of the bore (Described in ¶ [0010] - "...As shown in FIG. 2, a control passage 42 extends through the barrel 16 and the valve assembly 40 to control operation of the valve as will be described in further detail below. The rearward sleeve 24 includes internal threading 44 corresponding to external threading 46 on the barrel 16 so the respective parts can be releasably joined together.").
Regarding claim 5, Kobayashi further discloses wherein a central region of the barrel defines openings (Figure 1, #28 & #30) that are in fluid communication with the at least one channel (Shown in figures 1 and 2, and described in ¶ [0014]), and wherein the openings are operable to deliver air from the bore to the valve via the at least one channel in response to the piston transitioning to the distal region to transition the armature toward engagement with the first manifold (Described in ¶ [0014]).
Regarding claim 6, Kobayashi further discloses wherein the first and second manifolds define orifices (Figure 1, #60 & #62) that are operable to establish fluid communication between the first and second manifolds and the cavity to receive the pressurized air therefrom (Described in ¶ [0011]).
Regarding claim 7, Kobayashi further discloses wherein the orifices defined by the first manifold are operable to deliver the pressurized air from the cavity to the bore along the proximal region (Described in ¶ [0014] - "...When the valve body 58 is seated against the rearward seat 56 as shown in FIG. 1 and the trigger 82 is depressed, air travels from the passage 86 through the valve 84, through the passage 88 and opening 96, though the passage 60 and opening 64 to push the mass 20 forward in the barrel opening 18...").
Regarding claim 8, Kobayashi further discloses wherein the orifices defined by the second manifold are operable to deliver the pressurized air from the cavity to the bore along the distal region (Described in ¶ [0015] - "When the valve body 58 is seated against the forward seat 54 and the trigger 82 is depressed, air travels from the passage 86 through the valve 84, through the passage 88 and opening 96, though the passage 62 and opening 64 to the passage 42 pushing the mass 20 rearward in the barrel opening 18...").
Regarding claim 9, Kobayashi further discloses a retainer (Figure 1, #32) secured to the barrel along the distal region and operable to secure the chisel to the barrel (Described in ¶ [0010]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB A SMITH whose telephone number is (571) 272-3974 and email address is Jacob.Smith@uspto.gov. The examiner can normally be reached on M-F 7:30AM - 5:30PM.
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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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/JACOB A SMITH/Examiner, Art Unit 3731