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 .
Response to Amendment
The amendment filed 03/23/2026 has been entered. Claims 1-20 are pending in the application.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: a rotor 124 surrounding a stator 126. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claims 1 and 6 recites “rotor rotatably disposed around the stator” and claim 13 recites “rotor surrounding the stator”. The specification does recite “a rotor 124 surrounding a stator 126” [0016], however the drawings show 126 surrounding 124. Which is the rotor and which is the stator?
Claim 13 recites “fixed sun gear disposed on the support bracket” As shown in Fig. 6 the sun gear is not disposed on the support bracket 630 or the “central hub 634”. Also, the sun gear (660) appears to be part of output shaft 700? There is no differing structure feature on output shaft 700 to represent a sun gear and appears to be a portion of output shaft 700. Moreover, the specification recites “sun gear 660 is affixed to the distal end 640 of the support post 636 of the support bracket 630 within the motor housing 602… the support bracket 630 may be machined with teeth to form the sun gear 660 thereon” [0033].
The specification recites disc-shaped base 632 with a central hub 634, however the drawings have “632” twice. Where/which is the hub 634? The specification also recites “638 is affixed to, or monolithically formed with, the hub 634 which is not clear if post 636 has a hub member attached thereto or if the post is inside the housing and the hub 634 then attaches as a lid/cover.
drive assembly 122 is confusing since the drawings show two different references to 122 (fig. 4 – replacement sheet and original drawings show 122 pointing to gear assembly and another/second 122 pointed to anvil/hammer assembly) and the specification recites “drive assembly 122 includes the camshaft 140, a hammer 154 supported on and axially slidable relative to the camshaft 140, and the anvil 150 [0021] … further includes a spring 156 biasing the hammer 154” [0022].
The specification recites “ring gear 680 incudes a proximal face 682 and a distal face 684”. The drawings show the leader line for “distal face 684” pointing to a gap/space rather than the face.
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 1-20 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.
The term “rotatably disposed” in claims 1 and 6 is a relative term which renders the claim indefinite. The term “disposed” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The specification does not provide any structural members involved for how the rotor is rotatably disposed around the stator. From the specification and drawings, it appears the rotor is coupled to the gear carrier 670 with gears 674. Also, confusion remains with the claimed invention as to how the claimed features are assembled due to the mis-match of the claims, specification, and drawings making it unclear how the rotor is to be attached.
Claims 13-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting how/where the sun gear is attached. Is the sun gear attached to the gear carrier, the support bracket, or the motor housing? As claimed “disposed on the support bracket” is not clear the sun gear is adjacent or structural connected to the support bracket. The specification and drawings do not make up for this deficiency either.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as obvious over Miyazaki et al. (US 20030085628 A1) in view of ZHENG et al. (US 20230188021 A1).
Regarding claims 1 and 6, Miyazaki et al. discloses a tool (electric rotating machine, fig. 1), comprising: a housing (18); a motor (19, [0001, 0027, 0034-0035, 0047], figs. 1-3) within the housing, wherein the motor includes a stator (12) disposed thereon and a rotor (11); a gear assembly (15/16A-16D) within the housing and operatively coupled to the motor ([0028-0029], Figs. 1-2), wherein the gear assembly includes a rotating sun gear (15); a plurality of planet gears (16A-16D) disposed on a planet gear carrier (17) around the sun gear, and wherein the sun gear (15) rotates within the fixed planet gear carrier (17) in response to rotation of the rotor and the outer ring gear, ([0028-0041], Figs. 1-2); and
an outer ring gear (13) having a central bore (figs. 1-2) surrounding the planet gears (16A-16D), wherein the outer ring gear is affixed to the rotor (11) of the motor to rotate therewith (19, [0001, 0027, 0034-0035, 0041-0047], figs. 1-3).
Miyazaki et al. fails to explicitly disclose the motor within the housing, wherein the motor includes a support bracket with the stator disposed thereon and the rotor rotatably disposed around the stator.
However, Miyazaki et al. does teach an outer rotor type electric rotating machine with a rotor (11) rotatable disposed around the stator ([0054], fig. 7) with a sun roller 15, six planet rollers and a ring roller 13 ([0053-0062], figs. 7-9).
ZHENG et al. also teaches power tool (10/50/70) having a motor (100, figs. 1-3 and outer-rotor BLDC motor 200, figs. 4-1, outer-rotor BLDC motors 400, figs. 12-18) within a housing (12/23/52), with a sun gear (24), planet gears (48) and a ring gear (30) and power tool 50 has transmission assembly 56 with same type planet/sun gear system [0126], wherein the motor includes a support bracket (support plate 130 and supported by housing 12/23 [0121-0122] and stator mount 214 for stator 210) with the stator (210) disposed thereon and a rotor (rotor assembly 240) rotatable disposed around the stator [0124-0133], figs. 4-11) and power tool 70 with BLDC motor 400 has sun gear (264 [0132], fig. 15), ring gear (430) and planet gears (48, [0152-0162], figs. 12-18). ZHENG et al. also teaches additional power tools (70/80/90) with outer-rotor BLDC motors with planet/sun type transmissions ([0163-0194], figs. 19-37).
Given the teachings of Miyazaki et al. to have an electric motor powering a either an inner or outer rotor type electric rotating machine with a sun/planet gear/roller type transmission, it 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 to modify the motor within the housing, wherein the motor includes a support bracket with the stator disposed thereon and the rotor rotatable disposed around the stator for more compact design, secure the parts together for direct connection for improved wear and tear/less vibrations, increased dampening absorption/strength, and/or for using less mechanical parts as taught by ZHENG et al. Moreover, ZHENG et al. teaches substituting an inner rotor type electric rotating motor with an outer rotor type electric motor.
Regarding claims 2-5 and 14, Miyazaki et al. discloses a planet gear carrier (17) is fixed and the sun gear sun gear/roller (15) rotates within the planet gears (16A-16D) as the outer gear (13) rotates on the planet gears, a shaft coupled to the sun gear/roller, wherein a shaft (19) rotates with the sun gear, wherein the sun gear/roller is fixed and the planet gear carrier rotates as the planet gears rotate around the sun gear/roller as the outer gear rotates and drives the planet gears, further comprising a shaft (19) coupled to the planet gear carrier, wherein the shaft rotates with the planet gear carrier ([0031, 0041], figs. 1-2).
In the alternative, if it can be argued that Miyazaki et al. discloses fails to disclose having the shaft (19) coupled to the sun gear/roller, wherein a shaft (19) rotates with the sun gear-
ZHENG et al. also teaches the power tool has a shaft (19) rotates with the sun gear (sun gear 24 is coupled to end of the rotor shaft 102 of the motor 100) wherein the sun gear/roller is fixed and the planet gear carrier rotates as the planet gears rotate around the sun gear/roller as the outer gear rotates and drives the planet gears (sun gear (24), planet gears (48) and a ring gear (30) and power tool 50 has transmission assembly 56 with same type planet/sun gear system [0126], and power tool 70 with BLDC motor 400 has sun gear (264 [0132], fig. 15), ring gear (430) and planet gears (48, [0152-0162], figs. 12-18) further comprising a shaft (102) coupled to the planet gear carrier, wherein the shaft rotates with the planet gear carrier (figs. 1-18) and a pinion/sun gear (264) coupled to rotor shaft (240 [0132])..
Given the teachings of Miyazaki et al. to have an electric motor powering a either an inner or outer rotor type electric rotating machine with a sun/planet gear/roller type transmission, it 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 to modify the shaft to be coupled to the sun gear/roller, wherein the shaft rotates with the sun gear for more compact design, secure the parts together for direct connection for improved wear and tear/less vibrations, increased dampening absorption/strength, and/or for using less mechanical parts as taught by ZHENG et al. Moreover, ZHENG et al. teaches substituting an inner rotor type electric rotating motor with an outer rotor type electric motor.
Claim(s) 7-12 is/are rejected under 35 U.S.C. 103 as obvious over Miyazaki et al. (US 20030085628 A1) in view of ZHENG et al. (US 20230188021 A1) in view of Kuehne et al. (US 20190348887 A1) and further in view of Barnes (US 6321855 B1).
Regarding claims 7-12, Miyazaki et al. teaches the outer ring gear roller (13) is coupled to the rotor (11) through the casing members with a shaft (19) coupled to the sun gear, wherein the shaft rotates with the sun gear ([0031, 0041], figs. 1-2).
Miyazaki et al. fails to explicitly discloses a face of the rotor is affixed to a face of the outer ring gear via a plurality of mechanical fasteners, wherein a face of the rotor is affixed to a face of the outer ring gear via an adhesive, wherein a face of the rotor is affixed to a face of the outer ring gear via welding operation, wherein the outer ring gear and the rotor are molded as a single monolithic piece, wherein the rotor is press fit around the outer ring gear, the shaft is welded to the rotating planet gear carrier, the shaft is threadably engaged with the central bore, press fit into the central bore of the rotating planet gear carrier, and In the alternative, if it can be argued that Miyazaki et al. discloses fails to disclose having the shaft (19) coupled to the sun gear/roller, wherein a shaft (19) rotates with the sun gear-
ZHENG et al. teaches a face of the rotor (240) is affixed to a face of the outer ring gear (30, figs. 6 and 10) and also rotor (240) affixed to a face of the outer ring gear (430, fig. 15) via a plurality of mechanical fasteners (73 – housing assembly 71/72 holding the rotor and ring gear assemblies together fastener with screws 73[0160]), wherein a face of the rotor is affixed to a face of the outer ring gear via an adhesive, wherein a face of the rotor is affixed to a face of the outer ring gear via welding operation, wherein the rotor is press fit around the outer ring gear (connected/nested together [0166-0179]) and teaches outer ring gear (530) and rotor (240) are connected/nested together to form a single piece “for a reduction in axial length of the power tool 80” and integrally mounting ring gear (530) with mount 516, ([0166-0168], fig. 19) and having motor (600) with stator mount assembly integral with ring gear 530 ([0179], fig. 23), and ZHENG et al. also teaches having a ring member (714) integrally formed with a rotor shaft ([0192], fig. 33) and molding and welding parts together [0031, 0045, 0168, 0181-0192]. ZHENG et al. also teaches the power tool has a shaft (19) rotates with the sun gear (sun gear 24 is coupled to end of the rotor shaft 102 of the motor 100) wherein the sun gear/roller is fixed and the planet gear carrier rotates as the planet gears rotate around the sun gear/roller as the outer gear rotates and drives the planet gears (sun gear (24), planet gears (48) and a ring gear (30) and power tool 50 has transmission assembly 56 with same type planet/sun gear system [0126], and power tool 70 with BLDC motor 400 has sun gear (264 [0132], fig. 15), ring gear (430) and planet gears (48, [0152-0162], figs. 12-18) further comprising a shaft (102) coupled to the planet gear carrier, wherein the shaft rotates with the planet gear carrier (figs. 1-18) and a pinion/sun gear (264) coupled to rotor shaft (240 [0132]).
Kuehne et al. teaches wherein housings (32/240) having sun gear (280), planet gears 282, a rotor (17), stator (15) and outer ring gear (283, fig. 3) with the housings (32/240) attached via an adhesive or screws or welding with the ring rear (283) butting against the face of the rear housing cover 240 ([0037-0039], figs. 1-10) and teaches using fasteners (478) to attach a ring gear housing cover (440 [0042], fig. 11).
Barnes also teaches a power tool (pulse wrench 38) having an adaptor (10) and press fitting or using adhesive (high strength glue) to attach two tubular shaft members together (socket 42 and adaptor 10 glued or mating pressing detents and/or dampening sleeve 18, col. 4, lines 16-65, figs. 1-2) and press fit snap ring 254 for bearing 220/damping sleeve 224, (col. 7, lines 12-67, figs. 3-4).
Given the teachings of Miyazaki et al. to have the outer ring gear roller coupled to the rotor through the casing members with a shaft coupled to the sun gear, wherein the shaft rotates with the sun gear, it 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 to a face of the rotor is affixed to a face of the outer ring gear via a plurality of mechanical fasteners, wherein a face of the rotor is affixed to a face of the outer ring gear via an adhesive, wherein a face of the rotor is affixed to a face of the outer ring gear via welding operation, wherein the outer ring gear and the rotor are molded as a single monolithic piece, wherein the rotor is press fit around the outer ring gear and having the shaft coupled to the sun gear/roller, wherein a shaft rotates with the sun gear, the shaft is welded to the rotating planet gear carrier, the shaft is threadably engaged with the central bore, press fit into the central bore of the rotating planet gear carrier for more compact design, secure the parts together for direct connection for improved wear and tear/less vibrations, using the common fastening techniques of using glue, weld, threaded connection, and/or fasteners for connecting to parts together, increased dampening absorption/strength, and/or for stronger connections as taught by ZHENG et al., Kuehne et al. and further taught and evidenced by Barnes.
Allowable Subject Matter
Claims 13-20 would be allowable if rewritten or amended to overcome the objections and the 35 U.S.C. 112 (pre-AIA ) rejections to clarify the invention.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Reasons for Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: the prior art of record fails to teach or render obvious a tool comprising all the structural and functional limitations and further comprising, amongst other limitations/features, a tool including a housing and a motor within the housing, wherein the motor includes a support bracket with a stator disposed thereon and an outer rotor around the stator, and an outer ring gear fixed to the rotor and the support bracket having the stator attached thereto. Though Miyazaki et al. (US 20030085628 A1) teaches an outer rotor with planetary system, there is no teaching of having a support bracket with a sun gear non-rotatably fixed thereto and one of ordinary skill would recognize that a support bracket with stator and a sun gear non-rotatably fixed thereto to work in conjunction with an outer rotor having a ring gear attached would not be possible without modify the planet gear system, ring gear support and stator and rotor support. Having the efficiency and support of a support bracket with a sun gear non-rotatably fixed thereto with a rotor having a ring gear attached thereto simplifies the number of parts, easier assembly and stronger connection of parts with reduced friction.
While various features of the claimed subject matter are found individually in the prior art, a skilled artisan would have to include knowledge gleaned only from the applicant's disclosure to combine or modify the teachings of the prior art to produce the claimed subject matter, and thus obviousness would not be proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). There is no teaching, suggestion, or motivation found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art to combine or modify the teachings of the prior art to produce the claimed invention, and thus obviousness would not be proper. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
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.”
Response to Arguments
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., how the rotor, stator and sun gear are attached) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Also, the amendment does clarify the movement of the rotor and ring gear carrier but confusion remains with how the structures are connected given the specification due to the mis-match of the claims, specification, and drawings. In response to applicant's argument that Miyazaki et al. (US 20030085628 A1) in view of ZHENG et al. (US 20230188021 A1) in view of Kuehne et al. are nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, all are machine tools and as claimed “a tool” and “a drive assembly for a tool”, a specific type of tool is not recited. Moreover, ZHENG et al. teaches that having an outer rotor with a planet gear system is old and known. Examiner suggest clarifying the invention with having claims, specification, and drawings match for clarity. Examiner has given charity for the general support of the claimed invention since the combination of the specification and drawings the invention is understood but clarification is needed.
Also, the claims would benefit from reciting the type of machine the device is such as a power tool having a bit holder or tool holder for driving a fastener to overcome prior art having machines with similar outer rotor motors that do not have a bit holder for driving a fastener.
Conclusion
Additional prior art considered pertinent: US 20150011347 A1 & US 20060273686 A1 – teach outer rotors with fixed sun gears and rotor supports and see form 892.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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, 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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/ROBERT F LONG/Primary Examiner, Art Unit 3731
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