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 .
Status of Claims
This office action is in response to Applicant’s filing on 17 January 2025.
Claims 1 – 20 are pending.
Continuation Application
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 112(a) as follows:
Claim 8 is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention.
Drawings
The drawings are objected under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following feature(s) must be shown or the feature(s) canceled from the claims. No new matter should be entered.
“a plurality of fixing projections” – claim 4, 9, and 13. The claims appear to be directed towards the embodiment of figures 12 – 13 wherein the plurality of fixing projections is not indicated for this embodiment..
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because the drawings do not include the following reference character mentioned in the description.
“a pair of handle housing shells 30” described in paragraph [0023].
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 disclosure is objected to because of the following informalities:
In paragraph [0023], though a phrase states, “the handle housing shells 30 (Fig. 1)”, figure 1 does not show a reference character 30.
Appropriate correction is required.
Duplicate Claims - Warning
Applicant is advised that should claim 19 be found allowable, claim 11 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Objections
Claims 1, 9 and 13 are objected because of the following informalities:
Regarding claims 1, 9, and 13, lines 14, 14, and 17, respectively, the limitation, “a plurality of locking teeth; and”, should read, “a plurality of locking teeth;”.
Regarding claim 9, line 19, the limitation, “gear case”, should read, “the gear case”, referring to a previously stated limitation, “a gear case”, in claim 8, line 6.
Regarding claim 13, line 27, the limitation, “gear case”, should read, “the gear case”, referring to a previously stated limitation, “a gear case”, in claim 13, line 6.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 8 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention.
Regarding claim 8, the limitation, “the number of fixing projections is equal to the number of locking projections”, fails to comply with the written description requirement because the limitation, as part of a continuation application filed 17 January 2025, is not described in the original disclosure of the parent application(s). First, the limitation is not explicitly disclosed in the current specification or the specification of the parent application, 13/220,164. Please note, figure 13 in drawings shows the locking member of the embodiment of figures 12 – 13 having nine locking projections 128b and nine fixing projections (not labeled). In this case, figure 13 shows one specific arrangement wherein the number of fixing projections is equal to the number of locking projections; however, from this drawing alone without any other evidence from the written description, it does not sufficiently support that for whatever other number of fixing projections on the locking member, it will be equal to the number of locking projections and it is a logical fallacy to draw such a broad conclusion about a whole group or situation based on a very small, insufficient sample of evidence.
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.
Claims 1 – 8 and 15 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 1, lines 8 – 10, the limitation, “a user-operable speed selector axially configured to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio”, is indefinite because the terms, “axially configured”, seems to indicate that an axial structure of the user-operated speed selector is configured to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio and it is ambiguous as to what axial structure of the user-operated speed selector performs this function. Referring to the specification, paragraph [0045] describes a switch member 312 being axially translated; however, it is the examiner’s opinion that the term, “axially configured”, does not indicate the user-operable speed selector is axially translated. For the purpose of compact prosecution, the examiner interprets the limitation to mean “a user-operable speed selector is axially translatable and configured to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio”. Please note, since claims 2 – 8 depend upon claim 1, claims 2 – 8 are likewise rejected under 35 USC §112(b) for indefiniteness.
Regarding claim 15, line 2, the limitation, “the selector switch”, is indefinite because the limitation lacks antecedent basis. For the purpose of compact prosecution, the examiner interprets the limitation to mean “the speed selector mechanism” referring to a previously recited limitation, “a speed selector mechanism”, in claim 13, line 11.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 9 and 13 – 18 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 11, 14, and 16 – 20, respectively, of prior U.S. Patent No. 12,220,804 B2. This is a statutory double patenting rejection.
The following charts shows a comparison of claims 9 and 13 – 18 and the claims of U.S. 12,220,804 B2 to make clear that applicant’s invention is drawn to identical subject matter of U.S. 12,220,804 B2.
Application 19/028,882
Claim 9: A multi-speed power tool comprising:
a housing assembly;
a motor assembly;
an output spindle configured to receive rotary power from the motor assembly;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a locking member; a movable member; wherein the locking member comprises a locking member body;
wherein the locking member comprises a plurality of locking projections projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the locking member comprises a plurality of fixing projections;
wherein the plurality of fixing projections engage gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted; and
wherein the gear case comprises a front case portion and a rear case portion that abuts the front case portion.
US 12,220,804 B2
Claim 11: A multi-speed power tool comprising:
a housing assembly;
a motor assembly;
a trigger assembly;
an output spindle configured to receive rotary power from the motor assembly;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a locking member; a movable member; wherein the locking member comprises a locking member body;
wherein the locking member comprises a plurality of locking projections projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the locking member comprises a plurality of fixing projections;
wherein the plurality of fixing projections engage gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted; and
wherein the gear case comprises a front case portion and a rear case portion that abuts the front case portion.
Application 19/028,882
Claim 13: A multi-speed power tool comprising:
a housing assembly;
a motor assembly;
an output spindle configured to receive rotary power from the motor assembly;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a locking member;
a movable member;
a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio;
wherein the locking member comprises a locking member body;
wherein the locking member comprises a plurality of locking projections projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the locking member comprises a plurality of fixing projections;
wherein the plurality of fixing projections engage gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted;
wherein the speed selector mechanism comprises a shifter assembly and a yoke.
US 12,220,804 B2
Claim 14: A multi-speed power tool comprising:
a housing assembly;
a motor assembly;
a trigger assembly;
an output spindle configured to receive rotary power from the motor assembly;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a locking member;
a movable member;
a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio;
wherein the locking member comprises a locking member body;
wherein the locking member comprises a plurality of locking projections projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the locking member comprises a plurality of fixing projections;
wherein the plurality of fixing projections engage gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted;
wherein the speed selector mechanism comprises a shifter assembly and a yoke.
Application 19/028,882
Claim 14: A multi-speed power tool comprising:
a housing assembly;
a motor assembly;
an output spindle configured to receive rotary power from the motor assembly;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a locking member;
a movable member;
a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio;
wherein the locking member comprises a locking member body;
wherein the locking member comprises a plurality of locking projections projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the locking member comprises a plurality of fixing projections;
wherein the plurality of fixing projections engage gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted;
wherein the speed selector mechanism comprises a shifter assembly and a yoke.
wherein the speed selector mechanism comprises a spring.
US 12,220,804 B2
Claim 16: A multi-speed power tool comprising:
a housing assembly;
a motor assembly;
a trigger assembly;
an output spindle configured to receive rotary power from the motor assembly;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a locking member;
a movable member;
further comprising a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio; and
wherein the locking member comprises a locking member body;
wherein the locking member comprises a plurality of locking projections projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the locking member comprises a plurality of fixing projections;
wherein the plurality of fixing projections engage gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted;
wherein the speed selector mechanism comprises a shifter assembly and a yoke.
wherein the speed selector mechanism comprises a selector switch.
wherein the speed selector mechanism comprises a spring.
Application 19/028,882
Claim 15: A multi-speed power tool comprising:
a housing assembly;
a motor assembly;
an output spindle configured to receive rotary power from the motor assembly;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a locking member;
a movable member;
a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio;
wherein the locking member comprises a locking member body;
wherein the locking member comprises a plurality of locking projections projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the locking member comprises a plurality of fixing projections;
wherein the plurality of fixing projections engage gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted;
wherein the speed selector mechanism comprises a shifter assembly and a yoke.
wherein the speed selector mechanism comprises at least one detent configured to locate the selector switch in a particular location.
US 12,220,804 B2
Claim 17: A multi-speed power tool comprising:
a housing assembly;
a motor assembly;
a trigger assembly;
an output spindle configured to receive rotary power from the motor assembly;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a locking member;
a movable member;
further comprising a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio; and
wherein the locking member comprises a locking member body;
wherein the locking member comprises a plurality of locking projections projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the locking member comprises a plurality of fixing projections;
wherein the plurality of fixing projections engage gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted;
wherein the speed selector mechanism comprises a shifter assembly and a yoke.
wherein the speed selector mechanism comprises a selector switch.
wherein the speed selector mechanism comprises a spring.
wherein the speed selector mechanism comprises at least one detent configured to locate the selector switch in a particular location.
Application 19/028,882
Claim 16: A multi-speed power tool comprising:
a housing assembly;
a motor assembly;
an output spindle configured to receive rotary power from the motor assembly;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a locking member;
a movable member;
a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio;
wherein the locking member comprises a locking member body;
wherein the locking member comprises a plurality of locking projections projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the locking member comprises a plurality of fixing projections;
wherein the plurality of fixing projections engage gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted;
wherein the speed selector mechanism comprises a shifter assembly and a yoke.
wherein the yoke is pivotable.
US 12,220,804 B2
Claim 18: A multi-speed power tool comprising:
a housing assembly;
a motor assembly;
a trigger assembly;
an output spindle configured to receive rotary power from the motor assembly;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a locking member;
a movable member;
further comprising a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio; and
wherein the locking member comprises a locking member body;
wherein the locking member comprises a plurality of locking projections projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the locking member comprises a plurality of fixing projections;
wherein the plurality of fixing projections engage gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted;
wherein the speed selector mechanism comprises a shifter assembly and a yoke.
wherein the speed selector mechanism comprises a selector switch.
wherein the speed selector mechanism comprises a spring.
wherein the speed selector mechanism comprises at least one detent configured to locate the selector switch in a particular location.
wherein the yoke is pivotable.
Application 19/028,882
Claim 17: A multi-speed power tool comprising:
a housing assembly;
a motor assembly;
an output spindle configured to receive rotary power from the motor assembly;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a locking member;
a movable member;
a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio;
wherein the locking member comprises a locking member body;
wherein the locking member comprises a plurality of locking projections projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the locking member comprises a plurality of fixing projections;
wherein the plurality of fixing projections engage gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted;
wherein the speed selector mechanism comprises a shifter assembly and a yoke.
wherein the plurality of fixing projections project in a circumferentially outward direction.
US 12,220,804 B2
Claim 19: A multi-speed power tool comprising:
a housing assembly;
a motor assembly;
a trigger assembly;
an output spindle configured to receive rotary power from the motor assembly;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a locking member;
a movable member;
further comprising a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio; and
wherein the locking member comprises a locking member body;
wherein the locking member comprises a plurality of locking projections projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the locking member comprises a plurality of fixing projections;
wherein the plurality of fixing projections engage gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted;
wherein the speed selector mechanism comprises a shifter assembly and a yoke.
wherein the plurality of fixing projections project in a circumferentially outward direction.
Application 19/028,882
Claim 18: A multi-speed power tool comprising:
a housing assembly;
a motor assembly;
an output spindle configured to receive rotary power from the motor assembly;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a locking member;
a movable member;
a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio;
wherein the locking member comprises a locking member body;
wherein the locking member comprises a plurality of locking projections projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the locking member comprises a plurality of fixing projections;
wherein the plurality of fixing projections engage gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted;
wherein the speed selector mechanism comprises a shifter assembly and a yoke.
wherein each of the plurality of locking projections is disposed between a pair of the plurality of fixing projections.
US 12,220,804 B2
Claim 20: A multi-speed power tool comprising:
a housing assembly;
a motor assembly;
a trigger assembly;
an output spindle configured to receive rotary power from the motor assembly;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a locking member;
a movable member;
further comprising a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio; and
wherein the locking member comprises a locking member body;
wherein the locking member comprises a plurality of locking projections projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the locking member comprises a plurality of fixing projections;
wherein the plurality of fixing projections engage gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted;
wherein the speed selector mechanism comprises a shifter assembly and a yoke.
wherein the plurality of fixing projections project in a circumferentially outward direction.
wherein each of the plurality of locking projections is disposed between a pair of the plurality of fixing projections.
The non-statutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on non-statutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a non-statutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 – 7 is rejected on the ground of non-statutory double patenting as being unpatentable over claims 1 and 3 – 8 of U.S. Patent No. US 12,220,804 B2.
The following charts shows a comparison of claims 1 – 7 of applicant’s invention and claims 1 and 3 – 8 of U.S. 12,220,804 B2 to make clear that applicant’s invention is not patentably distinct from the invention of U.S. 12,220,804 B2. Please note, the italicized text shows the limitations in the applicant’s invention directed to the same inventive concept as the limitations of the invention of U.S. 12,220,804 B2 but with different appearances or differing scope that are patentably indistinct from each other
Application 19/028,882
Claim 1: A multi-speed power tool comprising:
a housing assembly;
a motor;
an output spindle;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio; and
a user-operable speed selector axially configured to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio;
wherein the reduction gearset comprises a locking member and a movable member;
wherein the locking member comprises a plurality of locking projections;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the gear case comprises a front case portion and a rear case portion that abuts the front case portion;
wherein the gear case comprises a non-circular circumferentially extending groove; and
wherein the locking member is held in the gear case in the non-circular circumferentially extending groove in a manner that restricts relative rotation and axial movement of the locking member with respect to the gear case.
US 12,220,804 B2
Claim 1: A multi-speed power tool comprising:
a housing assembly;
a motor;
a trigger assembly;
a clutch;
an output spindle;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a user-operable speed selector axially movable between a first position and a second position to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio;
wherein the reduction gearset comprises a locking member and a movable member;
wherein the locking member comprises a plurality of locking projections;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the gear case comprises a front case portion and a rear case portion that abuts the front case portion;
wherein the gear case comprises a non-circular circumferentially extending groove; and
wherein the locking member is held in the gear case in the non-circular circumferentially extending groove in a manner that restricts relative rotation and axial movement of the locking member with respect to the gear case.
Application 19/028,882
Claim 2: A multi-speed power tool comprising:
a housing assembly;
a motor;
an output spindle;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio; and
a user-operable speed selector axially configured to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio;
wherein the reduction gearset comprises a locking member and a movable member;
wherein the locking member comprises a plurality of locking projections;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the gear case comprises a front case portion and a rear case portion that abuts the front case portion;
wherein the gear case comprises a non-circular circumferentially extending groove; and
wherein the locking member is held in the gear case in the non-circular circumferentially extending groove in a manner that restricts relative rotation and axial movement of the locking member with respect to the gear case.
wherein the locking member has a closed shape.
US 12,220,804 B2
Claim 3: A multi-speed power tool comprising:
a housing assembly;
a motor;
a trigger assembly;
a clutch;
an output spindle;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a user-operable speed selector axially movable between a first position and a second position to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio;
wherein the reduction gearset comprises a locking member and a movable member;
wherein the locking member comprises a plurality of locking projections;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the gear case comprises a front case portion and a rear case portion that abuts the front case portion;
wherein the gear case comprises a non-circular circumferentially extending groove; and
wherein the locking member is held in the gear case in the non-circular circumferentially extending groove in a manner that restricts relative rotation and axial movement of the locking member with respect to the gear case.
wherein the locking member is restrained in the axial direction by the front case portion and the rear case portion at a joint where the rear case portion abuts the front case portion.
wherein the locking member has a closed shape.
Application 19/028,882
Claim 3: A multi-speed power tool comprising:
a housing assembly;
a motor;
an output spindle;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio; and
a user-operable speed selector axially configured to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio;
wherein the reduction gearset comprises a locking member and a movable member;
wherein the locking member comprises a plurality of locking projections;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the gear case comprises a front case portion and a rear case portion that abuts the front case portion;
wherein the gear case comprises a non-circular circumferentially extending groove; and
wherein the locking member is held in the gear case in the non-circular circumferentially extending groove in a manner that restricts relative rotation and axial movement of the locking member with respect to the gear case.
wherein the plurality of locking projections comprise nine locking projections.
US 12,220,804 B2
Claim 4: A multi-speed power tool comprising:
a housing assembly;
a motor;
a trigger assembly;
a clutch;
an output spindle;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a user-operable speed selector axially movable between a first position and a second position to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio;
wherein the reduction gearset comprises a locking member and a movable member;
wherein the locking member comprises a plurality of locking projections;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the gear case comprises a front case portion and a rear case portion that abuts the front case portion;
wherein the gear case comprises a non-circular circumferentially extending groove; and
wherein the locking member is held in the gear case in the non-circular circumferentially extending groove in a manner that restricts relative rotation and axial movement of the locking member with respect to the gear case.
wherein the locking member is restrained in the axial direction by the front case portion and the rear case portion at a joint where the rear case portion abuts the front case portion.
wherein the plurality of locking projections comprise nine locking projections.
Application 19/028,882
Claim 4: A multi-speed power tool comprising:
a housing assembly;
a motor;
an output spindle;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio; and
a user-operable speed selector axially configured to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio;
wherein the reduction gearset comprises a locking member and a movable member;
wherein the locking member comprises a plurality of locking projections;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the gear case comprises a front case portion and a rear case portion that abuts the front case portion;
wherein the gear case comprises a non-circular circumferentially extending groove; and
wherein the locking member is held in the gear case in the non-circular circumferentially extending groove in a manner that restricts relative rotation and axial movement of the locking member with respect to the gear case.
wherein the locking member further comprises a plurality of fixing projections configured to engage with the non-circular circumferentially extending groove.
US 12,220,804 B2
Claim 5: A multi-speed power tool comprising:
a housing assembly;
a motor;
a trigger assembly;
a clutch;
an output spindle;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a user-operable speed selector axially movable between a first position and a second position to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio;
wherein the reduction gearset comprises a locking member and a movable member;
wherein the locking member comprises a plurality of locking projections;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the gear case comprises a front case portion and a rear case portion that abuts the front case portion;
wherein the gear case comprises a non-circular circumferentially extending groove; and
wherein the locking member is held in the gear case in the non-circular circumferentially extending groove in a manner that restricts relative rotation and axial movement of the locking member with respect to the gear case;
wherein the locking member further comprises a plurality of fixing projections configured to engage with the non-circular circumferentially extending groove.
Application 19/028,882
Claim 5: A multi-speed power tool comprising:
a housing assembly;
a motor;
an output spindle;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio; and
a user-operable speed selector axially configured to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio;
wherein the reduction gearset comprises a locking member and a movable member;
wherein the locking member comprises a plurality of locking projections;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the gear case comprises a front case portion and a rear case portion that abuts the front case portion;
wherein the gear case comprises a non-circular circumferentially extending groove; and
wherein the locking member is held in the gear case in the non-circular circumferentially extending groove in a manner that restricts relative rotation and axial movement of the locking member with respect to the gear case.
wherein the locking member further comprises a plurality of fixing projections configured to engage with the non-circular circumferentially extending groove.
wherein the plurality of fixing projections project in a circumferentially outward direction.
US 12,220,804 B2
Claim 6: A multi-speed power tool comprising:
a housing assembly;
a motor;
a trigger assembly;
a clutch;
an output spindle;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a user-operable speed selector axially movable between a first position and a second position to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio;
wherein the reduction gearset comprises a locking member and a movable member;
wherein the locking member comprises a plurality of locking projections;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the gear case comprises a front case portion and a rear case portion that abuts the front case portion;
wherein the gear case comprises a non-circular circumferentially extending groove; and
wherein the locking member is held in the gear case in the non-circular circumferentially extending groove in a manner that restricts relative rotation and axial movement of the locking member with respect to the gear case.
wherein the locking member further comprises a plurality of fixing projections configured to engage with the non-circular circumferentially extending groove.
wherein the plurality of fixing projections project in a circumferentially outward direction.
Application 19/028,882
Claim 6: A multi-speed power tool comprising:
a housing assembly;
a motor;
an output spindle;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio; and
a user-operable speed selector axially configured to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio;
wherein the reduction gearset comprises a locking member and a movable member;
wherein the locking member comprises a plurality of locking projections;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the gear case comprises a front case portion and a rear case portion that abuts the front case portion;
wherein the gear case comprises a non-circular circumferentially extending groove; and
wherein the locking member is held in the gear case in the non-circular circumferentially extending groove in a manner that restricts relative rotation and axial movement of the locking member with respect to the gear case.
wherein the locking member further comprises a plurality of fixing projections configured to engage with the non-circular circumferentially extending groove.
wherein the plurality of fixing projections project in a circumferentially outward direction.
each of the plurality of locking projections is disposed between a pair of the plurality of fixing projections.
US 12,220,804 B2
Claim 7: A multi-speed power tool comprising:
a housing assembly;
a motor;
a trigger assembly;
a clutch;
an output spindle;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a user-operable speed selector axially movable between a first position and a second position to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio;
wherein the reduction gearset comprises a locking member and a movable member;
wherein the locking member comprises a plurality of locking projections;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the gear case comprises a front case portion and a rear case portion that abuts the front case portion;
wherein the gear case comprises a non-circular circumferentially extending groove; and
wherein the locking member is held in the gear case in the non-circular circumferentially extending groove in a manner that restricts relative rotation and axial movement of the locking member with respect to the gear case.
wherein the locking member further comprises a plurality of fixing projections configured to engage with the non-circular circumferentially extending groove.
wherein the plurality of fixing projections project in a circumferentially outward direction.
each of the plurality of locking projections is disposed between a pair of the plurality of fixing projections.
Application 19/028,882
Claim 7: A multi-speed power tool comprising:
a housing assembly;
a motor;
an output spindle;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio; and
a user-operable speed selector axially configured to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio;
wherein the reduction gearset comprises a locking member and a movable member;
wherein the locking member comprises a plurality of locking projections;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the gear case comprises a front case portion and a rear case portion that abuts the front case portion;
wherein the gear case comprises a non-circular circumferentially extending groove; and
wherein the locking member is held in the gear case in the non-circular circumferentially extending groove in a manner that restricts relative rotation and axial movement of the locking member with respect to the gear case.
wherein the locking member further comprises a plurality of fixing projections configured to engage with the non-circular circumferentially extending groove.
wherein the plurality of fixing projections project in a circumferentially outward direction.
wherein each of the plurality of fixing projections is disposed between a pair of the plurality of locking projections.
US 12,220,804 B2
Claim 8: A multi-speed power tool comprising:
a housing assembly;
a motor;
a trigger assembly;
a clutch;
an output spindle;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a user-operable speed selector axially movable between a first position and a second position to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio;
wherein the reduction gearset comprises a locking member and a movable member;
wherein the locking member comprises a plurality of locking projections;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the gear case comprises a front case portion and a rear case portion that abuts the front case portion;
wherein the gear case comprises a non-circular circumferentially extending groove; and
wherein the locking member is held in the gear case in the non-circular circumferentially extending groove in a manner that restricts relative rotation and axial movement of the locking member with respect to the gear case.
wherein the locking member further comprises a plurality of fixing projections configured to engage with the non-circular circumferentially extending groove.
wherein the plurality of fixing projections project in a circumferentially outward direction.
wherein each of the plurality of fixing projections is disposed between a pair of the plurality of locking projections.
Regarding claims 1 – 7, the limitation, “a user-operable speed selector axially configured to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio”, is indefinite because the terms, “axially configured”, seems to indicate that an axial structure of the user-operated speed selector is configured to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio and it is ambiguous as to what axial structure of the user-operated speed selector performs this function. Referring to the specification, paragraph [0045] describes a switch member 312 is axially translated; however, it is the examiner’s opinion that the term, “axially configured”, does not indicate the user-operable speed selector axially translated. For the purpose of compact prosecution, the examiner interprets the limitation to mean “a user-operable speed selector is axially translatable and configured to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio”. Due to this interpretation, the limitation is not patentably distinct from the reference limitation of US 12,220,804 B2, “a user-operable speed selector axially movable between a first position and a second position to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio”.
Claims 19 is rejected on the ground of non-statutory double patenting as being unpatentable over claims 29 and 30 of U.S. Patent No. US 12,220,804 B2 in view of Tomayko (US 2010/0163261 A1).
Application 19/028,882
Claim 19: A multi-speed power tool comprising:
a housing assembly;
a motor assembly;
an output spindle configured to receive rotary power from the motor assembly;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a locking member;
a movable member;
a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio;
wherein the locking member comprises a locking member body;
wherein the locking member comprises a plurality of locking projections projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the locking member comprises a plurality of fixing projections;
wherein the plurality of fixing projections engage gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted;
wherein the speed selector mechanism comprises a shifter assembly and a yoke.
wherein the speed selector mechanism comprises a spring.
wherein each of the plurality of locking projections is disposed between a pair of the plurality of fixing projections.
US 12,220,804 B2
Claim 29: A multi-speed power tool comprising:
a housing assembly;
a motor assembly;
a trigger assembly;
an output spindle configured to receive rotary power from the motor assembly;
a gear case;
a reduction gearset, wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio;
a locking member;
a movable member;
further comprising a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio; and
wherein the locking member comprises a locking member body;
wherein the locking member comprises a plurality of locking projections projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth; and
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections;
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member;
wherein the locking member comprises a plurality of fixing projections;
wherein the plurality of fixing projections engage gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted;
wherein the speed selector mechanism comprises a shifter assembly and a yoke.
wherein each of the plurality of locking projections is disposed between a pair of the plurality of fixing projections.
Regarding claim 19, U.S. 12,220,804 B2 recites all of limitations of claim 19 of the claimed invention except for the limitation, “the speed selector mechanism comprises a spring” (As shown in the chart above).
However, Hecht ‘217 (US 8,919,217 B2), in the same field of endeavor, teaches a speed selector mechanism (5, fig. 1) comprising a spring (15, fig. 4).
Hecht ‘217 is evidence that having the speed selector mechanism comprising a spring was known and within the skill of one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the speed selector mechanism of U.S. 12,220,804 B2 to comprise a spring, as taught by Hecht ‘217. Additionally, the one having ordinary skill in the art would have been motivated to having the speed selector mechanism comprising a spring, as taught by Hecht ‘217, in order to assure an additional detent locking of the speed selector mechanism on the housing of the handheld power tool (Col. 4, ll. 65 – 67).
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 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.
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[AltContent: textbox (A)][AltContent: textbox (Hecht ‘935 (US 8,485,935 B2) – Annotated fig. 3)]Claims 1 – 5, 7, 9 – 10, and 13 – 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hecht ‘935 (US 8,485,935 B2) in view of Hecht ‘217 (US 8,919,217 B2).
Regarding claim 1, Hecht ‘935 discloses a multi-speed power tool comprising:
a motor assembly (2, fig. 1);
an output spindle (4, fig. 2) configured to receive rotary power from the motor assembly;
a gear case (5 and gear portion A, annotated fig. 3);
a reduction gearset (3, 7, 11, fig. 3), wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio (Col. 3, ll. 5 – 8 describes a gear 3 switchable between two different gear stages having different transmission ratios implying the gear3 switchable between a first gear stage having a first overall transmission ratio and a second gear stage having a second overall transmission ratio); and
wherein the reduction gearset comprises a locking member (7, fig. 3) and a movable member (11, fig. 3);
wherein the locking member comprises a plurality of locking projections (13, figs. 4, 5);
wherein the movable member comprises a plurality of locking teeth (15, fig. 4);
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections (Col. 3, ll. 62 – 65);
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member (Col. 3, ll. 44 – 54);
wherein the gear case comprises a front case portion a front case portion (gear portion A, annotated fig. 3) and a rear case portion (5, fig. 3) that abuts the front case portion (Annotated fig. 3 shows a housing 5 abutting a gear portion A);
wherein the gear case comprises a non-circular circumferentially extending groove (Annotated figure 3 shows a groove between a front case portion/gear portion A and a rear portion/housing 5 that supports or holds locking member/retaining ring 7 wherein figure 4 shows this groove having a non-circular circumference due to the cut-outs for fixing projections/latching elements 14 and mounting eyes 18 of the locking member/retaining ring 7); and
wherein the locking member is held in the gear case in the non-circular circumferentially extending groove in a manner that restricts relative rotation and axial movement of the locking member with respect to the gear case (Annotated figure 3 shows the locking member/retaining ring 7 supported or held between the front case portion/gear portion A and the rear portion/housing 5 restricting relative axial movement of the locking member/retaining ring 7 with respect to the gear case 5, A. Figure 4 shows the mounting eyes used to restricts relative rotation of the locking member/retaining ring 7 with respect to the gear case 5, A).
Hecht ‘935 is directed towards a switchable gear in a handheld power tool and discloses only the portion of the handheld power tool germane to the switchable gear. Hecht ‘935 does not explicitly disclose a housing assembly.
However, Hecht ‘217, in the same field of endeavor, teaches a housing assembly (2, fig. 1).
Hecht ‘217 is evidence that having a housing assembly was known and within the skill of one having ordinary skill in the art before the effective filing date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success modifying the handheld power tool of Hecht ‘935 to have a housing assembly, as taught by Hecht ‘217. Additionally, the one having ordinary skill in the art would have been motivated to modify the handheld power tool of Hecht ‘935 to have a housing assembly, as taught by Hecht ‘217, in order to protect a user from the moving and electrical components of the handheld power tool, to protect the internal components of the handheld power tool from the outside environment, and to add structural integrity to the handheld power tool.
Additionally, Hecht ‘935 does not explicitly disclose a user-operable speed selector is axially translatable and configured to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio.
However, Hecht ‘217, in the same field of endeavor, teaches a user-operable speed selector (5, fig. 1) being axially translatable and configured to cause the reduction gearset to operate in one of the first overall gear ratio and the second overall gear ratio configured to allow a user to change operation of the reduction gearset (3, fig. 1) between operating in the first overall gear ratio and the second overall gear ratio (Col. 3, l. 63 – col. 4, l. 6 describes an adjusting device/speed selector mechanism 5 that allows a user control element/shifter assembly 6 on the outside of a housing 2 to execute an axial positioning of a shiftable gear component to move between at least two gear steps having different step-down ratios. With the combination of the teachings of Hecht ‘217 with the invention of Hecht ‘935, the adjusting device/speed selector mechanism 5 of Hecht ‘217 would be used to execute an axial positioning of the moveable member/annulus wheel 11 of Hecht ‘935).
Hecht ‘217 is evidence that having a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio wherein the speed selector mechanism comprises a shifter assembly and a yoke was known and within the skill of one having ordinary skill in the art before the effective filing date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success modifying the handheld power tool of the modified Hecht ‘935 to have the speed selector mechanism, as taught by Hecht ‘217. Additionally, the one having ordinary skill in the art would have been motivated to modify the handheld power tool of the modified Hecht ‘935 to have the speed selector mechanism, as taught by Hecht ‘217, in order to allow a user to manually adjust the handheld power tool in different overall gear ratio according to the requirements of the operation being performed.
Regarding claim 2, Hecht ‘935, as modified by Hecht ‘217, discloses the invention as recited in claim 1.
Hecht ‘935 further discloses the locking member (7, fig. 3) has a closed shape (Figure 5 shows the locking member/retaining ring 7 as a 2D closed shape wherein the boundary lines or curves connect to form a complete, enclosed area).
Regarding claim 3, Hecht ‘935, as modified by Hecht ‘217, discloses the invention as recited in claim 1.
Hecht ‘935 further discloses the plurality of locking projections (13, figs. 4, 5) comprise nine locking projections (Figure 5 shows the locking member/retaining ring 7 having nine positive-fit elements/locking projections 13).
Regarding claim 4, Hecht ‘935, as modified by Hecht ‘217, discloses the invention as recited in claim 1.
Hecht ‘935 further discloses the locking member further comprises a plurality of fixing projections (14, figs. 4, 5) configured to engage with the non-circular circumferentially extending groove (Best shown in fig. 4).
Regarding claim 5, Hecht ‘935, as modified by Hecht ‘217, discloses the invention as recited in claim 4.
Hecht ‘935 further discloses the plurality of fixing projections (14, figs. 4, 5) project in a circumferentially outward direction (Best shown in figs. 4, 5).
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Regarding claim 7, Hecht ‘935, as modified by Hecht ‘217, discloses the invention as recited in claim 5.
Hecht ‘935 further discloses each of the plurality of fixing projections (14, figs. 4, 5) is disposed between a pair of the plurality of locking projections (13, figs. 4, 5) (Annotated fig. 5 shows a first latching elements/fixing projections 14 between disposed between pair A, B of positive-fit elements/locking projections 13 and a second latching elements/fixing projections 14 between disposed between pair B, C of positive-fit elements/locking projections 13).
Regarding claim 9, Hecht ‘935 discloses a multi-speed power tool comprising:
a motor assembly (2, fig. 1);
an output spindle (4, fig. 2) configured to receive rotary power from the motor assembly;
a gear case (5 and gear portion A, annotated fig. 3);
a reduction gearset (3, fig. 3), wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio (Col. 3, ll. 5 – 8 describes a gear 3 switchable between two different gear stages having different transmission ratios implying the gear3 switchable between a first gear stage having a first overall transmission ratio and a second gear stage having a second overall transmission ratio);
a locking member (7, fig. 3);
a movable member (11, fig. 3);
wherein the locking member comprises a locking member body (a body of retaining ring 7 best shown in figs. 4, 5);
wherein the locking member comprises a plurality of locking projections (13, figs. 4, 5) projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth (15, fig. 4);
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections (Col. 3, ll. 62 – 65);
wherein the locking member comprises a plurality of fixing projections (14, figs. 4, 5);
wherein the plurality of fixing projections engage the gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted (Col. 4, ll. 3 – 8); and
wherein the gear case comprises a front case portion (gear portion A, annotated fig. 3) and a rear case portion (5, fig. 3) that abuts the front case portion (Annotated fig. 3 shows a housing 5 abutting a gear portion A).
Hecht ‘935 is directed towards a switchable gear in a handheld power tool and discloses only the portion of the handheld power tool germane to the switchable gear. Hecht ‘935 does not explicitly disclose a housing assembly.
However, Hecht ‘217, in the same field of endeavor, teaches a housing assembly (2, fig. 1).
Hecht ‘217 is evidence that having a housing assembly was known and within the skill of one having ordinary skill in the art before the effective filing date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success modifying the handheld power tool of Hecht ‘935 to have a housing assembly, as taught by Hecht ‘217. Additionally, the one having ordinary skill in the art would have been motivated to modify the handheld power tool of Hecht ‘935 to have a housing assembly, as taught by Hecht ‘217, in order to protect a user from the moving and electrical components of the handheld power tool, to protect the internal components of the handheld power tool from the outside environment, and to add structural integrity to the handheld power tool.
Regarding claim 10, Hecht ‘935, as modified by Hecht ‘217, discloses the invention as recited in claim 9.
Hecht ‘935 further discloses the plurality of fixing projections (14, figs. 4, 5) project in a circumferentially outward direction (Best shown in figs. 4, 5).
Regarding claim 13, Hecht ‘935 discloses a multi-speed power tool comprising:
a motor assembly (2, fig. 1);
an output spindle (4, fig. 2) configured to receive rotary power from the motor assembly;
a gear case (5 and gear portion A, annotated fig. 3);
a reduction gearset (3, fig. 3), wherein the reduction gearset is selectively operable in a first overall gear ratio and a second overall gear ratio (Col. 3, ll. 5 – 8 describes a gear 3 switchable between two different gear stages having different transmission ratios implying the gear3 switchable between a first gear stage having a first overall transmission ratio and a second gear stage having a second overall transmission ratio);
a locking member (7, fig. 3);
a movable member (11, fig. 3);
wherein the locking member comprises a locking member body (a body of retaining ring 7 best shown in figs. 4, 5);
wherein the locking member comprises a plurality of locking projections (13, figs. 4, 5) projecting from the locking member body;
wherein the movable member comprises a plurality of locking teeth (15, fig. 4);
wherein the movable member selectively non-rotatably engages the locking member through engagement of the plurality of locking teeth with the plurality of locking projections (Col. 3, ll. 62 – 65);
wherein the reduction gearset operates in one of the first overall gear ratio and the second overall gear ratio when the movable member is non-rotatably engaged with the locking member and wherein the reduction gearset operates in the other of the first overall gear ratio and the second overall gear ratio when the movable member is not non-rotatably engaged with the locking member (Col. 3, ll. 44 – 54);
wherein the locking member comprises a plurality of fixing projections (14, figs. 4, 5);
wherein the plurality of fixing projections engage the gear case such that relative rotation and axial movement of the locking member with respect to the gear case is restricted (Col. 4, ll. 3 – 8)
Hecht ‘935 is directed towards a switchable gear in a handheld power tool and discloses only the portion of the handheld power tool germane to the switchable gear. Hecht ‘935 does not explicitly disclose a housing assembly.
However, Hecht ‘217, in the same field of endeavor, teaches a housing assembly (2, fig. 1).
Hecht ‘217 is evidence that having a housing assembly was known and within the skill of one having ordinary skill in the art before the effective filing date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success modifying the handheld power tool of Hecht ‘935 to have a housing assembly, as taught by Hecht ‘217. Additionally, the one having ordinary skill in the art would have been motivated to modify the handheld power tool of Hecht ‘935 to have a housing assembly, as taught by Hecht ‘217, in order to protect a user from the moving and electrical components of the handheld power tool, to protect the internal components of the handheld power tool from the outside environment, and to add structural integrity to the handheld power tool.
Additionally, Hecht ‘935 does not explicitly disclose a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio wherein the speed selector mechanism comprises a shifter assembly and a yoke.
However, Hecht ‘217, in the same field of endeavor, teaches a speed selector mechanism (5, fig. 1) configured to allow a user to change operation of the reduction gearset (3, fig. 1) between operating in the first overall gear ratio and the second overall gear ratio (Col. 3, l. 63 – col. 4, l. 3) wherein the speed selector mechanism comprises a shifter assembly (6, fig. 1) and a yoke (7, fig. 1) (Col. 3, l. 63 – col. 4, l. 6 describes an adjusting device/speed selector mechanism 5 that allows a user control element/shifter assembly 6 on the outside of a housing 2 to execute an axial positioning of a shiftable gear component. With the combination of the teachings of Hecht ‘ 217 with the invention of Hecht ‘935, the adjusting device/speed selector mechanism 5 of Hecht ‘217 would be used to execute an axial positioning of the moveable member/annulus wheel 11 of Hecht ‘935).
Hecht ‘217 is evidence that having a speed selector mechanism configured to allow a user to change operation of the reduction gearset between operating in the first overall gear ratio and the second overall gear ratio wherein the speed selector mechanism comprises a shifter assembly and a yoke was known and within the skill of one having ordinary skill in the art before the effective filing date of the claimed invention. Therefore, the one having ordinary skill in the art would have had a reasonable expectation of success modifying the handheld power tool of the modified Hecht ‘935 to have the speed selector mechanism, as taught by Hecht ‘217. Additionally, the one having ordinary skill in the art would have been motivated to modify the handheld power tool of the modified Hecht ‘935 to have the speed selector mechanism, as taught by Hecht ‘217, in order to allow a user to manually adjust the handheld power tool in different overall gear ratio according to the requirements of the operation being performed.
Regarding claim 14, Hecht ‘935, as modified by Hecht ‘217, discloses the invention as recited in claim 13.
The modified Hecht ‘935 further discloses the speed selector mechanism (Hecht ‘217 – 5, fig. 1) comprises a spring (Hecht ‘217 – 15, fig. 4).
Regarding claim 15, Hecht ‘935, as modified by Hecht ‘217, discloses the invention as recited in claim 13.
The modified Hecht ‘935 further discloses at least one detent (Hecht ‘217 – 17, 18, fig. 1) configured to locate the selector switch (Hecht ‘217 – 6, fig. 1) in a particular location.
Regarding claim 16, Hecht ‘935, as modified by Hecht ‘217, discloses the invention as recited in claim 13.
The modified Hecht ‘935 further discloses yoke (Hecht ‘217 – 7, fig. 1) is pivotable (Hecht ‘217 – Figure 1 shows a wire clip 7 pivotable about guide cams 8, 9).
Regarding claim 17, Hecht ‘935, as modified by Hecht ‘217, discloses the invention as recited in claim 13.
Hecht ‘935 further discloses the plurality of fixing projections (14, figs. 4, 5) project in a circumferentially outward direction (Best shown in figs. 4, 5).
Allowable Subject Matter
Claim 6 would be allowable if rewritten to overcome the rejection under 35 U.S.C. 112(b) set forth in this Office action and to include all of the limitations of the base claim and any intervening claims and if a terminal disclaimer is filed in compliance with 37 CFR 1.321(c) or 1.321(d) to overcome the rejection based on non-statutory double patenting.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding dependent claims 6, 18, 19, and 20, the subject matter of the multi-speed power tool is allowable over the prior art because of the arrangement of the combination of structural limitations set forth in the claim and their functional relationship to one another. Dependent claims 11 – 12 are also allowable over the prior art as they depend from allowable claim 19.
Claims 6, 18, 19, and 20 include the following limitation which, in combination with the other limitations of claims, 6, 18, 19, and 20 is what make the subject matter allowable over the prior art, as the subject matter of claim 6, 18, 19, and 20 is neither taught or suggested by the prior art:
“each of the plurality of locking projections is disposed between a pair of the plurality of fixing projections.”
The closest prior art is Hecht ‘935 (US 8,485,935 B2). Hecht ‘935 discloses a locking member/retaining ring 7 having nine positive-fit elements/locking projections 13 and two first latching elements/fixing projections 14 wherein only one of the plurality of locking projections is disposed between the pair of the plurality of fixing projections – contrary to the limitation, “each of the plurality of locking projections is disposed between a pair of the plurality of fixing projections.” The prior art of record does not anticipate or make obvious this limitation. Thus, it is examiner's opinion that it would not have been obvious to one having ordinary skill in the art at the time of the invention to combine or modify the prior art in order to arrive at Applicant's invention as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID G SHUTTY whose telephone number is 571-272-3626. The examiner can normally be reached 7:30 am - 5:30 pm, Monday - Friday.
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/DAVID G SHUTTY/Examiner, Art Unit 3731
8 January 2026