Response to Arguments
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in response to the amendment field on 12/29/25.
Claims 1-13 are pending and have been examined.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3 and 5-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Windsheimer (WO 2012/110321).
Regarding claims 1-3 and 5-13, Windsheimer discloses a hand-held power tool comprising: a housing; a drive motor (180) comprising a drive shaft (120); a transmission (200) driven by the drive shaft, the transmission comprising: a transmission housing (205); a transmission cover (210) at least partially closing the transmission housing; and a fixed ring gear (216); and a tool holder (140) configured to hold an insertion tool (150), the tool holder being driven by the transmission, wherein the fixed ring gear is arranged such that the fixed ring gear has a breakaway torque (i.e. a maximum torque needed to overcome the static friction of the gear and start turning it; inherently disclosed); wherein the fixed ring gear is at least partially rotatable relative to the drive motor; wherein the fixed ring gear is at least partially rotatable relative to the transmission housing; at least one locking element (206) configured to at least partially Application/Control Number: 19/085,745 Art Unit: 3731 Page 3 engage with at least one detent (207, 407) element of the fixed ring gear; at least one biasing element (207, 407) configured to at least partially bias the fixed ring gear; wherein the at least one biasing element is located between the transmission cover and the transmission housing; wherein the at least one biasing element is located between the transmission cover and the housing (Fig. 2); wherein the at least one biasing element is located between the fixed ring gear and the transmission housing (Fig. 2).
Allowable Subject Matter
Claim 4 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, wherein the fixed ring gear is at least partially rotatable relative to a stator of the drive motor.
The combinations of the claimed limitations are novel and found to be allowable over prior art. The cited references taken singly or in combination do not anticipate or make obvious the Applicant's claimed invention.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled "Comments on Statement of Reasons for Allowance.
Response to Arguments
Applicant's arguments filed 12/29/25 have been fully considered but they are not persuasive. Applicant contends wherein Windsheimer fails to disclose wherein the fixed ring gear has a breakaway torque. However, this is not found persuasive as claims are given their broadest reasonable interpretation consistent with the specification. In this instant case, it is the Examiner position that the mechanical fixed ring gear of Windsheimer inherently comprises a breakaway torque which is deemed to be the maximum torque needed to overcome the static friction of the gear and start turning it, as said gear is a component of the transmission and it is not integrally formed therein.
For the reasons above, the grounds of rejection are deemed proper and maintained.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE LOPEZ whose telephone number is (571)272-4464. The examiner can normally be reached Monday thru Friday 8:30 am to 4:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached at (571) 270 - 1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHELLE LOPEZ/ Primary Examiner, Art Unit 3731
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