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 Arguments
Applicant’s arguments with respect to claims 1 and 9 have been considered but are moot because the claim rejections have been amended in accordance with the claim amendments.
Allowable Subject Matter
Claims 15-20 are allowed.
Claims 2-5, 10-11 are 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: the combination of a power tool having an actuator (or cam) rotatable to move the shift collar to engage the first gear or the second gear; a shaft configured to be axially displaced by rotation of the actuator; and a sensing assembly configured to detect a position of a magnet supported by the shaft to electronically change an operating speed of the motor.
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 9 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Papp, US 20150122524.
Regarding claim 9, Papp discloses: A power tool (Fig. 1, power tool 100) comprising:
a housing (Fig. 1, housing 105);
a motor supported within the housing ([0035] “Arranged in the housing 105 are an electric drive motor 180”);
a gear housing (Fig. 1, “transmission housing 110 and the motor housing 185 are arranged by way of example in the housing 105”) supported within the housing;
a transmission (Fig. 2, transmission 170) disposed within the gear housing and operatively coupled to the motor, the transmission shiftable between a low speed high torque mode ([0047], “the first gear having a low rotational speed and a high torque”) and a high speed low torque mode ([0046], “the second gear with a high rotational speed and a low torque”);
a spindle (Fig. 1, drive shaft 120) configured to receive torque from the motor through the transmission;
an actuator (Fig. 1, slide switch 202) movable to shift the transmission between the low speed high torque mode and the high speed low torque mode;
a cam (Fig. 2, adjusting ring 220) coupled to and movable with the actuator;
a shaft (Fig. 3, actuator 130 has at least one connecting element 132) configured to be axially displaced by movement of the cam; and
a controller configured to electronically ([0050] In FIG. 12, it can be seen that beneath the adjusting elements 202, 204 there is provided a circuit board on which at least one first sensor 212 and a second sensor 214 are arranged, said sensors being suitable for sensing the particular position of the adjusting elements 200, 202, 204 and for passing it on to a control means that is not illustrated or described in detail. In the illustrated exemplary embodiment, the position of the slide switch 202 and thus the rotary angle position of the adjusting ring 220 are sensed in that the first sensor 212 is embodied as a light barrier. The slide switch 202 also has a switching element 216 which carries out the same relative movement as the slide switch 202 and projects into a sensing range of the sensor 212. Actuation of the slide switch 202 thus causes a relative movement of the switching element 216, the sensor 212 sensing this relative movement and passing on a corresponding signal to the control means. Furthermore, the illustrated embodiment has, in addition to the first sensor 212, a further second sensor 214 which senses the position of the second adjusting element 214, a pressure switch.”) vary an operating speed of the motor in response to displacement of the shaft ([0042] “As can be clearly seen in FIG. 4, the actuators 130 are connected to a ring gear 175 of the transmission 170 via connecting means 134 in such a form-fitting manner that the axial movement of the actuator 130 also causes an axial movement of the ring gear 175. An engagement of the transmission 170 and thus the speed stages can be influenced by the axial movement of the ring gear 175.”), wherein the cam and the shaft are disposed between the housing and the gear housing (see Figs. 2-12).
Regarding claim 12, Papp further discloses: the housing is defined by cooperating clamshell halves (see Fig. 1).
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 1 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Sekido, US 2023027130934 in view of Papp, US 20150122524.
Regarding claim 1, Sekido discloses: A power tool (Fig. 1, driver drill 1) comprising:
a housing (Fig. 2, housing 2);
a motor (Fig. 4, motor 6) supported within the housing;
a transmission (Fig. 4, power transmission 7) operatively coupled to the motor, the transmission shiftable between a low speed high torque mode and a high speed low torque mode ([0003] “A speed switch lever is operable to switch between a high-speed mode in which the transmission rotates the output shaft at a high speed and a low-speed mode”);
a spindle (Fig. 5, spindle 81) configured to receive torque from the motor through the transmission;
a speed selector (Fig. 4, speed switch lever 12) including an actuator (Fig. 4, speed switch lever 12) rotatable (see below 103 combination) to shift the transmission between the low speed high torque mode and the high speed low torque mode,
a shaft (the lower portion of the lever 12 meets the definition of a shaft as a long, narrow part or section forming the handle of a tool or club)– see the following screen shot from Oxford Languages–
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movable in response to rotation of the actuator (see below 103 combination), and
a magnet coupled to the shaft (Fig. 20, magnet 120); and
a controller (Fig. 20, mode sensor board 100 connected to controller board 17) configured to vary an operating speed of the motor based on a detected position of the magnet.
Sekido does not explicitly disclose: an actuator rotatable to shift the transmission; and rotation of the actuator.
Papp teaches: an actuator (Fig. 1, adjusting element 200 and slide switch 202 and see [0043] for further description of connected portions such as 220 and 230) rotatable to shift the transmission (Fig. 2, transmission 170); and rotation of the actuator ([0044] “In the illustrated second variant, the actuator 130 has two axially opposite connecting elements 132. By way of these connecting elements 132, the actuator 130 engages in the channels 230 of the adjusting ring 220 such that a rotational movement of the adjusting ring 230 in the circumferential direction also causes a rotational movement of the actuator 130 and thus also a movement of the connecting elements 132 in the channels 230.”).
Therefore, it would have been obvious to one having ordinary skill in the art prior to the time of filing to utilize the rotating actuator switch as taught by Papp in combination with the device of Sekido, thereby combining prior elements to achieve a predictable result. This combination represents a simple substitution of on type of switch for another. The benefit of this substitution may exist in the ability to easily view the position of the indicator without confusion, as it is much easier to see the dial and/or arrow indicator being on the left side of the device versus the right side of the device. This is as opposed to a slide indicator, in which the difference between Lo and Hi may consist of a fraction of an inch forward or backward.
Regarding claim 6, the modified Sekido further discloses: the actuator is rotatable (Papp, Fig. 1, adjusting element 200 and slide switch 202 and see [0043] for further description of connected portions such as 220 and 230) between a first position, a second position, a third position, and a fourth position, each corresponding with a different maximum rotational speed of the spindle (Sekido - [0283] “As shown in FIG. 30, the speed switch lever 12 is moved to the first position P1, the second position P2, the third position P3 and a fourth position P4”).
Regarding claim 7, the modified Sekido further discloses: the transmission is in the low speed high torque mode when the actuator is in the first position and the second position (Third and Fourth position relate to a low and ultra low speed mode), and wherein the transmission is shifted to the high speed low torque mode when the actuator is in the third position and the fourth position (First and Second position relate to a high and medium speed mode)(Fig. 22, shows a representative adjustment of the torque value as related to the speed mode – while Fig. 30 has 4 modes, this analysis would apply equally).
Regarding claim 8, the modified Sekido further discloses: the transmission has a shift collar (Fig. 8, ring 32a and/or cam ring 36) movable by the speed selector to engage a first gear or a second gear to shift between the low speed high torque mode and the high speed low torque mode.
Claims 13-14 are rejected under 35 U.S.C. 103 as being obvious over Papp.
Regarding claim 13 and 14, Papp discloses the device of claim 9.
Papp does not explicitly disclose: the housing is made of a first material (plastic), and wherein the gear housing is made of a second material (metal) different than the first material.
Official Notice is taken that a plastic outer housing and metal gear housing is a conventional or well-known feature in a power tool. Therefore, it would have been obvious to a person having ordinary skill in the art to utilize the appropriate materials in the construction of the tool of Papp. These materials provide the requisite durability and light weight of plastic for the outer housing, while using metal to provide the proper strength and durability for the gear housing.
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.
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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