DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This Action is in response to the Application filed 01/14/2025.
The status of the Claims is as follows:
Claims 1-20 are pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/17/2025 was filed after the mailing date of the Application on 01/14/2025. 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 Interpretation
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
The limitations interpreted under 35 U.S.C. 112(f) include:
Auto-shift mechanism (74): par 45
First torque transmitting mechanism; spinner (114)
Second torque transmitting mechanism; lock ring (122)
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 1-8 and 14-15 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 first gear stage" in line 8 of the Claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the second gear stage" in line 8 of the Claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the torque transducer" in line 2 of the Claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 14 recites the limitation "the clutch balls" in line 6 of the Claim. 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)(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 1-3, 8-10, 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thorson et al. (US 20160318165; Thorson).
Regarding Claim 1 Thorson discloses a power tool (10) comprising:
a housing (14) including an output end;
a motor (1018) supported by the housing (14) and including an output shaft (1026), the motor (1018) configured to drive rotation of the output shaft (26) to generate torque;
a first gear set (1042) coupled to the output shaft such that torque is transferred to the first gear set from the output shaft;
a second gear set (1046) positioned between the first gear set (1042) and the output end; and
an auto-shift mechanism (1054, 1154) positioned between the first gear stage (1042) and the second gear stage (1046), the auto-shift mechanism (1054, 1154) providing at least a first torque transmission path and a second torque transmission path between the first gear set (1042) and the second gear set (1046), the auto-shift mechanism (1054, 1154) configured to transmit torque between the first gear set (1042) and the second gear set (1046) along the first torque transmission path when torque generated by the motor (1018) is less than a critical torque and configured to transmit torque between the first gear set (1042) and the second gear set (1046) along the second torque transmission path when torque generated by the motor (1018) is greater than the critical torque. (par 75, 78-82)
Regarding Claim 2 Thorson discloses the invention as described above. Thorson further discloses when the auto-shift mechanism (1054, 1154) transmits torque along the first torque path, the power tool operates at a relatively higher speed and a relatively lower torque than when the auto-shift mechanism (1054, 1154) transmits torque along the second torque transmission path. (par 75, 78-82)
Regarding Claim 3 Thorson discloses the invention as described above. Thorson further discloses wherein the auto-shift mechanism (1054, 1154) includes a shaft (1026) coupled to the first gear set (1042), an output pinion (annotated Fig. 15) coupled to the second gear (1046) set and configured to transmit torque to the second gear set (1046), a spinner (1162) mounted on the shaft (1026), a shift housing (1034; Fig. 15) surrounding at least a portion of the shaft and the spinner (1162), and wherein the spinner (1162) is configured to transmit torque to the output pinion when torque is transmitted through the first torque transmission path, and the shift housing is configured to transmit torque to the output pinion when torque is transmitted through the second torque transmission path. (par 75, 81-82)
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Regarding Claim 8 Thorson discloses the invention as described above. Thorson further discloses a torque display in electrical communication with the torque transducer and configured to provide an indication when the torque generated by the motor reaches the critical torque value. (par 74)
Regarding Claim 9 Thorson discloses a power tool comprising
- a housing (14) including an output end;
a motor (1018) supported by the housing (14) and including an output shaft (1026), the motor (1018) configured to drive rotation of the output shaft (1026) to generate torque;
a first gear set (1042) coupled to the output shaft such that torque is transferred to the first gear set (1042) from the output shaft;
a second gear set (1046) positioned between the first gear set (1042) and the output end; and
an auto-shift mechanism (1054, 1154) positioned between the first gear set (1042) and the second gear set (1046) and configured to transmit torque from the first gear set (1042) to the second gear set (1046), the auto-shift mechanism including
a shaft (Fig. 15) coupled to the first gear set (1042),
an output pinion (annotated Fig. 15) coupled to the second gear set (1046) and configured to transmit torque to the second gear set (1046), and
a plurality of shift balls (1166)configured to transmit torque to the output pinion (annotated Fig. 15);
wherein when the auto-shift mechanism (1054, 1154) reaches a critical torque, the shift balls (1166) are configured to move between a first position in which the plurality of shift balls transmit a first torque to the output pinion and a second position in which the plurality of shift balls transmit a second torque to the output pinion, the second torque greater than the first torque. (par 75, 77-78, 81-82)
Regarding Claim 10 Thorson discloses the invention as described above. Thorson further discloses the plurality of shift balls is positioned closer to the shaft in the first position than in the second position. (par 75, 77-78, 81-82)
Regarding Claim 12 Thorson discloses the invention as described above. Thorson further discloses the auto-shift mechanism further includes a spinner (1162) mounted to shaft (1026), and a shift housing (1034; Fig. 15) surrounding at least a portion of the shaft, the plurality of shift balls (1166), and the spinner (1162), wherein in the first position, the shift balls are positioned rotationally between the spinner and the output pinion, and wherein in the second position, the shift balls are positioned rotationally between the shift housing and the output pinion. (par 75, 77-78, 81-82)
Regarding Claim 13 Thorson discloses the invention as described above. Thorson further discloses the output pinion extends from a lock ring (1158) having lock ring lobes (1182), wherein the spinner (1162) includes spinner lobes (1176) such that rotation of the spinner (1162) engages the spinner lobes (1176) with the shift balls (1164) to push the shift balls (1164) into the lock ring lobes (1182) and rotate the output pinion, and wherein the shift housing (1034) includes grooves (par 76-77) configured to receive the shift balls (1164) when the shift balls are in the second position such that the rotation of the shift housing (1034) engages the shift housing with the shift balls (1164) in the grooves to push the shift balls (1164) into the lock ring lobes (1182) and rotate the output pinion. (par 76-77)
Regarding Claim 14 Thorson discloses the invention as described above. Thorson further discloses the auto-shift mechanism further includes a plate (1172) mounted to the shaft between the spinner (1162) and the first gear set (1042), the plate (1172) mounted for rotation with and axial movement relative to the shaft (par 72), a spring biasing the plate toward the spinner (1162), and a plurality of clutch balls (1166) supported between the plate (1172) and the spinner (1162) such that the plate (1172) is configured to drive rotation of the spinner (1162) through the clutch balls (1166), wherein when the auto-shift mechanism reaches the critical torque, the plurality of clutch balls move away from the spinner and push the plate against the bias of the spring such that the plate is inhibited from driving rotation of the spinner.(par 75-76)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Thorson (US 20160318165) in view of Pollock et al. (US 20140231116)
Regarding Claim 16 Thorson discloses the invention as described above. Thorson also discloses a motor. However Thorson does not expressly teach the motor includes a plurality of stator coils switchable between a delta configuration and a wye configuration.
Pollock teaches a power tool with a gear system. (abstract) Pollock further teaches the motor includes a plurality of stator coils switchable between a delta configuration and a wye configuration providing precise control of the motor speed and torque for the purposes of improving the efficiency of the apparatus. (par 37, 49 and 51)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the motor of Thorson to include a motor with a plurality of stator coils switchable between a delta configuration and a wye configuration of Pollock since par 37, 49 and 51 suggests that such a modification provides precise control of the motor speed and torque for the purposes of improving the efficiency of the apparatus.
Regarding Claim 17 Thorson discloses the invention as described above. Thorson also discloses a motor. However Thorson does not expressly teach a controller configured to switch the plurality of stator coils from the delta configuration to the wye configuration when torque output by the motor reaches the critical torque.
Pollock teaches a power tool with a gear system. (abstract) Pollock further teaches a controller configured to switch the plurality of stator coils from the delta configuration to the wye configuration when torque output by the motor reaches the critical torque providing precise control of the motor speed and torque for the purposes of improving the efficiency of the apparatus. (par 27-29, 34-37, 51-52)
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the application to modify the motor of Thorson to include a motor with a controller configured to switch the plurality of stator coils from the delta configuration to the wye configuration when torque output by the motor reaches the critical torque of Pollock since par 27-29, 34-37, 51-52 suggests that such a modification provides precise control of the motor speed and torque for the purposes of improving the efficiency of the apparatus.
Allowable Subject Matter
Claims 4-7, 11 and 15 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:
Regarding Claim 4 Thorson discloses the invention as described above. Thorson further discloses the first gear set (1042). However the Prior Art does not teach a first gear set includes a first planetary gear stage having a first carrier and a second planetary gear stage having a second carrier in addition to the limitations included in Claims 3 and 1.
Regarding Claim 11 Thorson discloses the invention as described above. The Prior Art does not teach the first torque is a first range of torques, and the second torque is a second range of torques, and wherein a greatest torque value in the first range of torques is less than or equal to a lowest torque value in the second range of torques in addition to the limitations included in Claim 9.
Regarding Claim 15 Thorson discloses the invention as described above. The Prior Art does not teach the plate includes a plurality of ramps that defines a plurality of troughs between adjacent ramps, in addition to the limitations included in Claims 14, 12, 12 and 9.
Claims 18-20 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding Claim 18 Thorson discloses a power tool comprising:
a housing (14) including an output end;
a motor (1018) supported by the housing (14) and including an output shaft (1026), the motor (1018) configured to drive rotation of the output shaft (1026) to generate torque;
a first gear set (1042) coupled to the output shaft such that torque is transferred to the first gear set from the output shaft;
a second gear set (1046) positioned between the first gear set (1042) and the output end;
a torque transducer (1054) configured to detect and measure the torque generated by the motor;
The Prior Art does not teach an auto-shift mechanism in addition to a transducer positioned between the first gear set and the second gear set; and
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHINYERE J RUSHING-TUCKER whose telephone number is (571)270-5944. The examiner can normally be reached 4 pm - 11:59 pm Monday - Friday.
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/CHINYERE J RUSHING-TUCKER/Examiner, Art Unit 3731