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 preliminary amendment filed 03/27/2026 has been entered. Claims 1-13 are pending in the application.
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) 5-6 is/are rejected under 35 U.S.C. 103 as obvious over Toyama et al. (US 20040245005 A1) in view of KAMIYA (US 20210138624 A1) and further in view of FLEISCHMANN (EP 2363246 A2).
Regarding claims 1-2, Toyama et al. discloses a work machine (vibrating drill/driver with tool housing 1, fig. 1) comprising: a motor (9); a spindle (2) an axial direction of the spindle extending in a front-back direction (figs. 1 and 3-4);
a driving-force-transmission mechanism (4) comprising: a gear case (5) that constitutes an outline of the driving-force-transmission mechanism (figs. 1-2) and formed in a substantially stepped cylindrical shape (large diameter portion 5a and smaller diameter portion with threads 51), the gear case extending in the front-back direction and comprising a front portion and a rear portion, a diameter of the front portion (portion with threads 51) being smaller than a diameter of the rear portion (5a, [0036-0041], figs. 1-2)
a transmission mechanism (reduction unit D- three stage reduction) that transmits a driving force of the motor to the spindle (2) to rotate the spindle (2);
a clutch mechanism (34) that shuts off power transmission from the motor to the spindle when a transmission torque to the spindle by the transmission mechanism reaches an upper limit value [0042]; and a torque setting portion (29) that configures a portion (32/51) of the clutch mechanism and is activated by an operator to set the upper limit value [0039-0042];
the clutch mechanism comprises: a torque setting portion (29/adjustment screw 32), having a female screw (32) that is screwed to a male screw (51) formed on an outer circumference of the gear case, and a clutch dial (29), rotatably coupled to the gear case via the torque setting portion and rotatably operable by an operator [0039], the torque setting portion being configured to rotate relative to the gear case together with the clutch dial when the clutch dial is rotated by an operator [0039]; and
wherein the torque setting portion (29) has a mounting portion for mounting a switching member (switching ring 30 fixed on an inner surface of the switching handle 29 and switching plate 24) that switches an operation mode of the spindle (clutch mode/vibrating mode) wherein the torque setting portion and the switching member are disposed radially outside of the front portion of the gear case [0044-0046, 0049-0054], figs. 1-7).
Toyama et al. fails to explicitly disclose the torque setting portion having a female screw that is screwed to a male screw formed on an outer circumference of the gear case, and a clutch dial, rotatably coupled to the gear case via the torque setting portion and rotatably operable by an operator the torque setting portion being configured to rotate relative to the gear case together with the clutch dial when the clutch dial is rotated by an operator.
KAMIYA teaches an electric driver drill (1) having a switching handle (mode switch assembly 50 and/or change ring 59) on casing/gear case (200/230) and rotatably coupled to a clutch dial (59/clutch assembly 40) on the gear case [0089-0091] with mode switch assembly (50) and vibration switch ring (56) and switch lever (33) [0117-0120, 0174-0175, 0220-0225, 0246-0255, 0299-0305], figs. 1-37).
FLEISCHMANN teaches having a torque setting portion having a female screw (71/81) that is screwed to a male screw (72/76) formed on an outer circumference of a case (72), and a clutch dial (depth adjustment device 70/depth stop sleeve 73), rotatably coupled to the case (figs. 1-2).
Given the teachings of Toyama et al. to have a the torque member having a female screw that is screwed to a male screw, 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 torque setting portion having a female screw that is screwed to a male screw formed on an outer circumference of the gear case, and a clutch dial, rotatably coupled to the gear case via the torque setting portion and rotatably operable by an operator the torque setting portion being configured to rotate relative to the gear case together with the clutch dial when the clutch dial is rotated by an operator to have a more secure/stronger threaded connection, easier removal/replacement, and/or for having a torque/mode adjustment dial on the front the power tool as taught by KAMIYA and FLEISCHMANN.
Regarding claims 3 and 9, Toyama et al. discloses a striking-force-application mechanism (8/21) provided on radially outside of the spindle (2) to apply a striking force in axial direction of the spindle; and a switching mechanism (switching ring 30/switching plate 24) that switches the striking-force-application mechanism to an operative or inoperative state; wherein the switching member (30) is a portion of the switching mechanism ([0044-0046, 0049-0054], figs. 1-7).
Regarding claims 4, 8, and 10, Toyama et al. discloses the torque setting portion (29/adjustment screw 32) and the switching member are disposed outside the front of the transmission mechanism (reduction unit D- three stage reduction) and is movable in the front/back direction, wherein the mounting portion (switching ring 30 fixed on an inner surface of the switching handle 29) is provided at one end of the torque setting portion (29) in the front/back direction, and the switching mechanism (switching ring 30/switching plate 24) is disposed radially closer to the spindle with respect to the torque setting portion ([0044-0046, 0049-0054], figs. 1-3).
Regarding claims 7 and 13, Toyama et al. discloses the switching member is removably mounted to the torque setting portion (29/adjustment screw 32) and is disposed in front of the female screw of the torque setting portion ([0039-0046, 0049-0054], figs. 1-7).
Claim(s) 5-6 and 12 is/are rejected under 35 U.S.C. 103 as obvious over Toyama et al. (US 20040245005 A1) in view of KAMIYA (US 20210138624 A1) in view of FLEISCHMANN (EP 2363246 A2) and further
in view of ZHENG et al. (US 20230188004 A1).
Regarding claims 5-6 and 12, Toyama et al. discloses the torque setting portion (29) and the switching member (switching ring 30/switching plate 24) are formed in a cylindrical shape disposed radially outside of the spindle, wherein the switching member (switching ring 30/switching plate 24) has a mounted portion that is mounted to the mounting portion (switching ring 30 fixed on an inner surface of the switching handle 29), wherein the mounted portion is mounted to the mounting portion in a circumferential engagement with the torque setting portion (the switching ring 30 fixed on an inner surface of the switching handle 29 requires some mooring attachment, grooves/locking detents or some fixing adhesive and etc. [0044], figs. 1-4). Toyama et al. also teaches modifying the switching plate 24 with switching plates 36 and 37 may be connected together via cylinder portion 38 to have a unitary switching member 39 that works with switching member 30 ([0055-0057], figs. 8-9).
Toyama et al. fails to disclose the switching member’s mounted portion is mounted to the mounting portion in a circumferential engagement with the torque setting portion and is moored to the mounting portion by a mooring member wherein the mooring member is a C-ring mounted to the mounting portion and the mounted portion.
ZHENG et al. teaches a power tool (10/80, [0111], figs. 1-2 and 19-22) having a transmission assembly (86) mounted portion (mounting member 518) mounted to a mounting portion (574 in transmission housing 87) in a circumferential engagement with a motor portion (500/240) and is moored to the mounting portion by a mooring member wherein the mooring member is a C-ring (C-clip 552) mounted to the mounting portion and the mounted portion ([0164-0173], figs. 1-2 and 19-22).
KAMIYA also teaches having a spindle (61) with a collar (59/63/64) attached/moored to the spindle (61) via a C-ring (69, circlip 65 [0182-0185]) and teaches having cover ring 58 with hooks moored into collar 59 [0175].
Given the teachings of Toyama et al. to have a plurality of switching members or unitary switching member with a torque setting portion and the switching ring member fixed on an inner surface of the switching handle, 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 switching member’s mounted portion to be mounted to the mounting portion in a circumferential engagement with the torque setting portion and is moored to the mounting portion by a mooring member wherein the mooring member is a C-ring mounted to the mounting portion and the mounted portion to have a more secure connection, easier removal/replacement, and/or for securing a plurality or ring/cylindrical members via a C-ring as taught by ZHENG et al. and KAMIYA.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-13 have been considered but are moot because the new ground of rejection does not rely on all references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Additional prior art considered pertinent: 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).
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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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/ROBERT F LONG/Primary Examiner, Art Unit 3731
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