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 .
Examiner’s Comments
This office action is in response to the application filed on 1/16/2025.
Claims 1-13 have been canceled by applicant.
Claims 14-29 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 3/7/2025 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
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.
(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 13-27 and 29 are rejected under 35 U.S.C. 102(a)(1) as being
anticipated by Kuhnle et al. (DE 102018210189) hereinafter (Kuhnle).
With regard to claim 14, Kuhnle discloses a machine tool (10) having a working axis running in a longitudinal direction, the machine tool comprising: a housing (12); at least one rechargeable battery interface (50d, 52d) for detachably connecting at least one rechargeable battery to the machine tool; a first side handle (22d) having a first main extension direction and a second side handle (24d) having a second main extension direction, first and second the side handles (22d, 24d) being arranged symmetrically to the working axis; at least one decoupler (not shown) for a vibration-damping connection of the first and second side handles (22d, 24d) to the housing; the at least one rechargeable battery interface (50d, 52d) being coupled to at least one of the first and second side handles (22d, 24d); and at least one protector (64d) for protecting a rechargeable battery (100) coupled to the rechargeable battery interface (50d, 52d), the at least one protector (64d) having an interior for at least partially receiving the at least one rechargeable battery (100), the at least one protector (64d) being directly connected to the housing or being an integral component of the housing (12).
With regard to claim 15, Kuhnle discloses a machine tool (10), wherein the at least one rechargeable battery interface (50d) includes a first rechargeable battery interface operatively connected to the first side handle (22d) and a second rechargeable battery interface (52d) operatively connected to the second side handle (24d), the at least one protector (64d) including a first protector assigned to the first rechargeable battery interface (50d) and a second protector (64d) assigned to the second rechargeable battery interface (52d).
With regard to claim 16, Kuhnle discloses a machine tool (10), wherein the protector (64d) is arranged on the housing via at least one screw connection (undesignated).
With regard to claim 17, Kuhnle discloses a machine tool (10), wherein the protector (64d) is arranged on the housing via a clamp connection (undesignated).
With regard to claim 18, Kuhnle discloses a machine tool (10), wherein the protector (64d) is designed in at least two parts (undesignated).
With regard to claim 19, Kuhnle discloses a machine tool (10), wherein the interior is designed such that, when the rechargeable battery (100) is connected to the rechargeable battery interface (50d, 52d), a movement of the rechargeable battery (100) in a direction of movement or about an axis of rotation is made possible to a defined extent.
With regard to claim 20, Kuhnle discloses a machine tool (10), wherein the protector (64d) is designed such that, when the rechargeable battery (100) is connected to the rechargeable battery interface (50d, 52d) and the machine tool (5a) falls in any direction, the at least one protector (64d) comes into contact with a flat base before the rechargeable battery connected to the rechargeable battery interface (50d, 52d).
With regard to claim 21, Kuhnle discloses a machine tool (10), wherein the rechargeable battery interface (50d, 52d) is arranged with respect to the longitudinal direction on a side of the first side handle (24d) facing a tool holder.
With regard to claim 22, Kuhnle discloses a machine tool (10), wherein the protector (64d) has a recess pointing substantially in the transverse direction for the operative connection of the rechargeable battery (100) to the rechargeable battery interface (50d, 52d).
With regard to claim 23, Kuhnle discloses a machine tool (10), wherein an insertion direction for connecting the rechargeable battery (100) to the rechargeable battery interface (50d, 52d) device is at an angle with respect to a main extension direction of the first side handle (24d), the angle being between -30 and 900.
With regard to claim 24, Kuhnle discloses a machine tool (10), wherein an insertion direction for connecting the rechargeable battery (100) to the rechargeable battery interface device (50d, 52d) is at an angle with respect to a main extension direction of the first side handle (24d), the angle being between 00 and 300.
With regard to claim 25, Kuhnle discloses a machine tool (10), wherein an insertion direction for connecting the rechargeable battery (100) to the rechargeable battery interface device (50d, 52d) is at an angle with respect to a main extension direction of the first side handle (24d), the angle being 200.
With regard to claim 26, Kuhnle discloses a machine tool (5a), wherein the at least one rechargeable battery interface (50d, 52d) has at least two connection regions for connecting the rechargeable battery interface (50d, 52d) to the first side handle (24d), the two connection regions being spaced apart from one another in the transverse direction.
With regard to claim 27, Kuhnle discloses a machine tool (10), wherein the rechargeable battery interface (50d, 52d) is flexibly connected to the first side handle in at least one of the two connection regions.
With regard to claim 29, Kuhnle discloses a machine tool (10), wherein the machine tool (10) is a jack hammer (5a).
Allowable Subject Matter
Claim 28 is 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:
With regard to claim 28, Kuhnle discloses a machine tool, but does not disclose or teach in combination, wherein the at least one decoupler includes a first decoupler having a first spring and a first lever, the first side handle being rotatably articulated on a first pivot point fixed to the housing via the first lever, and a second decoupler having a second spring and a second lever, the second side handle being rotatably articulated on a second pivot point fixed to the housing via the second lever, wherein the first spring is mounted fixed to the housing on the one hand and connected to the first lever on the other hand, and wherein the second spring is mounted fixed to the housing on the one hand and is connected to the second lever device on the other hand.
Conclusion
Refer to attachment for notice of references cited and recommended for
consideration based on their disclosure of limitations of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL C. CHUKWURAH whose telephone number is (571)272-4457. The examiner can normally be reached M-F & T-F 7-4:30 IFP.
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 571-260-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANIEL C CHUKWURAH/Primary Examiner, Art Unit 3731
8/26/2026
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