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 .
Allowable Subject Matter
Claims 3-4, 19-28 are allowed. Reasons for allowance as previously disclosed in prior Non-Final action.
Response to Arguments
Applicant's arguments filed have been fully considered but they are not persuasive. In accordance with the claim amendments, the claim citations have been amended accordingly.
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)(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 1, 5- 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Numata, US 10682753.
Regarding claim 1, Numata discloses: A power tool (Fig. 1, tool 1) comprising:
a housing (Fig. 1, main body case 11);
an electric motor (Fig. 1, motor M) disposed within the housing;
a main trigger switch (Fig. 1, Four start switches SW in total are arranged around the circumferential periphery of the front case 12) mounted on the housing;
a side handle (Fig. 1,front grip 25) mounted on the housing, the side handle having an auxiliary trigger (Fig. 1, tool 1); and
a controller (Fig. 1, controller C) disposed within the housing operable to control a flow of electric current from a power source to the electric motor, wherein the controller is configured to activate the motor at start-up only when the auxiliary trigger is in an actuated state and the main trigger is subsequently actuated while the auxiliary trigger remains actuated, and discontinue operation of the motor after start- up if either of the auxiliary trigger or the main trigger is disengaged (Col. 5, line 27, “A start control paradigm of the electric power tool 1 is configured such that the electric motor M starts only when any one of the four start switches SW around the front case 12, as well as any one of the two start switches SW on the side of the rear case 13, are simultaneously turned on. Alternatively, the electric motor M starts only when the start switch SW on the front grip 25 as well as any one of the four start switches SW on the side of the front case 12, or any one of the two start switches SW on the side of the rear case 13, are turned on in a simultaneous manner. The electric motor M will not start when only one of the seven switches SW is turned on. Furthermore, the electric motor M will not start when two start switches SW only on around the front case 12 are simultaneously turned on, or when two start switches SW only around the rear case 13 are simultaneously turned on. The electric motor M will start only when two switches SW separately disposed in the front-to-rear direction are simultaneously turned on, where said switches are selected among one start switch SW out of those present around the front case 12, one start switch SW out of those present around the rear case 13, and the one start switch SW on the left side of the front grip 25.”); (Col. 3, line 49, “According to the eighth aspect, unless the two pressure sensor switches are operated in a simultaneous manner, the electric power tool will not start and thus an erroneous start or a malfunction thereof occurring in an inadvertent situation by the user may be prevented. By providing the pressure sensor switches as the electronic switch, the switch operation can be easily performed and also consecutive operation can be performed in comparison to a mechanical switch operated by a slide operation or a tilting operation. After the electric power tool has initially been started, it can be configured to be held in the starting state if one pressure sensor switch is turned on.”).
Regarding claim 5, Numata further discloses: the controller (Fig. 1, controller C) is configured to continue operation of the motor after start-up if the main trigger is released and reengaged within a time threshold while the auxiliary trigger is still engaged. (Col. 6, line 14, “When any one of the remaining five start switches SW is turned on after the electric motor M starts by turning on two start switches SW, the starting state of the electric motor M will be locked to cause the electric power tool 1 to be held in a continuous running state (a so-called locked state). After the electric power tool 1 is once held in the continuous running state, the continuous running state of the electric motor M will be held even if all of the three start switches SW are released from the on-operation (even if the user detaches the fingertips from all of the three start switches SW). Because of this configuration, for example, the user can easily perform a polishing work to a portion of a working surface continuously for a long time while holding the rear side of the tool main body 10 with one hand, without needing to hold any of the SW buttons. In this continuous running state, when any one of the seven start switches SW is pushed (an off-operation), the running continuation state will be released to cause the electric motor M to stop; Furthermore, during the continuous running state (locked-on state) of the electric power tool 1, at a time when the wearable device W worn by the user and the electric power tool 1, in relation to each other are disposed too far away to receive information, then the state will change to an electrically locked state that is mentioned infra, so as to cause the continuous running state to be cancelled. Because of this configuration, the starting system also possesses a tool theft suppressing effect and safety is also enhanced since the starting of the tool as well as the continuous running state thereof under an unintended situation for the user can be eliminated; As described above, the starting state is configured to be changed to the continuous running state when three start switches SE are pressed. Alternatively, the starting state may be configured to transition to the continuous running state when, for example, any one of the remaining start switches SW is double-tapped after the electric motor M starts by turning on two start switches SW.”)
Regarding claim 6, Numata further discloses:
6. The power tool of claim 1, wherein the housing (Fig. 1, main body case 11) comprises:
a motor case (Fig. 1, main body case 11, Col. 4, line 35, “The motor is housed in a tubular shaped main body case 11”) within which the electric motor is located;
a handle portion (Fig. 1, rear case 13) extending longitudinally from the motor case that accommodates the main trigger switch; and
a gear case (Fig. 1, gear head 20) that accommodates a gearset for coupling the electric motor to an output spindle (Fig. 1,spindle 22), wherein the side handle is mounted to the gear case (Fig. 1,front grip 25).
Regarding claim 7, Numata further discloses: the side handle (Fig. 1,front grip 25) is oriented along a center axis, and wherein a peripheral position of the auxiliary trigger relative to the center axis is adjustable (Fig. 2 clearly shows a threaded receiving device for alternating whichever side the user will utilize) .
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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.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Numata in view of Swaminathan, US 20210060757.
Regarding claim 8, Numata discloses the device of claim 7.
Numata does not explicitly disclose: the side handle comprises an adjustable main grip body and a locking mechanism, wherein the adjustable main grip body is rotatable relative to the center axis in a first position of the locking mechanism, and the adjustable main grip body is fixed in a desired angular orientation relative to the center axis in a second position of the locking mechanism.
Swaminathan teaches: the side handle (Figs. 1-9, auxiliary handle assembly 108) comprises an adjustable main grip body (Figs. 1-9, longitudinal handle 116) and a locking mechanism (Figs. 1-9, auxiliary handle assembly 108), wherein the adjustable main grip body is rotatable relative to the center axis in a first position of the locking mechanism, and the adjustable main grip body is fixed in a desired angular orientation relative to the center axis in a second position of the locking mechanism (see Figs. 1-9).
Therefore, it would have been obvious to one having ordinary skill in the art at the time of filing to utilize the adjustable handle structure as taught by Swaminathan, thereby combining prior art elements to achieve a predictable result. The benefit of this arrangement is that it allows the user to adjust the handle to his/her needs without the use of tools which may not be available at the time of need.
Regarding claim 9, the modified Numata further discloses: the side handle (Figs. 1-9, auxiliary handle assembly 108) comprises a main grip body (Figs. 1-9, auxiliary handle assembly 108) and a mounting member (Figs. 1-9, handle base 130), having a notch configured to engage a keying feature of the gear case ([0027] “In embodiments, the sliding latching mechanism 126 comprises a bevel gear assembly that includes one or more beveled teeth 138 that extend from the slidable latching mechanism 126 and engage with a notched receiver 132 housed in the handle base 130. As shown, the notched receiver 132 includes a plurality of beveled notches 140 formed therein that extend away from the notched receiver 132 and are parallel to the axis of rotation 134 of the longitudinal handle 116. In operation, the teeth 138 of the slidable latching mechanism 126 are rotatably secured by the notched receiver 132 via the plurality of notches 140 that extend from the notched receiver 132. The handle base 126 provides torque support to the longitudinal handle 116 when the teeth 138 are engaged with notches 140 the notched receiver 132 to prevent rotation of the longitudinal handle 116.”) wherein one of the main grip body and the frontal mounting member is moveable relative to the other between a first position in which the main grip body is fixed relative to the gear case and a second position in which the main grip body is adjustable relative to the gear case (see Figs. 1-9).
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Numata in view of Kaneko, US 20230011055.
Regarding claim 10, Numata discloses the device of claim 6.
Numata does not explicitly disclose: the gear case includes a pin hole and an electronic switch located within the gear case in alignment with the pin hole, and wherein the side handle includes a plunger that is moveable into the pin hole to contact the electronic switch when the auxiliary trigger is actuated.
Kaneko teaches: the gear case includes a pin hole (Fig. 15, [0137], “The handle attachment holes 216a, 218a include column recesses 216b, 218b which have substantially column shapes and through which the cylindrical portion 208a of the side handle 204 can pass, rectangular parallelepiped recesses 216c, 218c which have substantially rectangular parallelepiped shapes and through which the protruding ridge 208b of the side handle 204 can pass”) and an electronic switch ([0137-0138], “sensor units 84, 86”) located within the gear case in alignment with the pin hole, and wherein the side handle includes a plunger (Figs. 13-14, 16-17, engagement member 208) that is moveable into the pin hole to contact the electronic switch when the auxiliary trigger is actuated ([0137-0138])..
Therefore, it would have been obvious to one having ordinary skill in the art at the time of filing to utilize the trigger structure as taught by Kaneko in combination with the auxiliary handle of Numata, thereby combining prior art elements to achieve a predictable result. This alteration represents a simple substitution of one type of switch for another, as switches are a common and widely known feature of this type of device. In this instance, Numata uses an electronic switch within the handle, while Kaneko uses a mechanical switch.
Regarding claim 11, the modified Numata further discloses: the auxiliary trigger is pivotably coupled to the side handle (see Fig. 12).
Conclusion
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 DANIEL JEREMY LEEDS whose telephone number is (571)272-2095. The examiner can normally be reached Mon-Thurs, 0730-1730.
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 571-270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731
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