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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/02/26 has been entered.
Claims 1-15 are pending and have been examined.
Applicant’s arguments with respect to claim(s) 1, 14 and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The indicated allowability of claim 4 is withdrawn in view of the newly discovered reference(s) to Scrimshaw and Roehm. Rejections based on the newly cited reference(s) follow.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 14 and 15 recites "a fixed ring gear"; however, it is unclear with respect to what other claimed component the ring gear is "fixed." The claim does not specify whether the ring gear is fixed relative to the transmission housing, the transmission cover, the housing, the drive motor, the stator, or another component of the power tool. Claims 1, 14 and 15 further recite that the fixed ring gear has a breakaway torque, suggesting that the ring gear is capable of movement upon application of a predetermined torque. Therefore, the scope of the limitation "fixed ring gear" is unclear because it is not reasonably certain whether "fixed" denotes a permanently non-rotatable component or a component that is normally locked against rotation but permitted to rotate under predetermined conditions.
Additionally, claim 1 recites "at least one annular biasing element ... configured to bias the stationary ring gear, such that the fixed ring gear breakaway torque is defined at least in part by the at least one annular biasing element." However, the claim fails to positively recite the structural relationship between the annular biasing element and the fixed ring gear. Specifically, it is unclear how the annular biasing element biases the ring gear, where the annular biasing element is positioned relative to the ring gear, or what structure transmits the biasing force to establish the recited breakaway torque. Therefore, the claim recites only an intended result, e.g. tat the breakaway torque is defined, at least in part, by the annular biasing element, without reciting sufficient structural limitations establishing how this result is achieved.
Also, “the stationary ring gear” lacks antecedent basis. Claim 1 recites a “fixed ring”. Thereafter recites “a stationary ring gear”. It is unclear whether "the stationary ring gear" refers to the previously recited "fixed ring gear" or to a different element.
Claim 3 recites that the “fixed ring gear is at least partially rotatable relative to the drive motor.” Claim 4 recites that the “fixed ring gear is at least partially rotatable relative to a stator of the drive motor.” Claim 5 recites that the “fixed ring gear is at least partially rotatable relative to the transmission housing.” Since claim 1 does not define with respect to what component the ring gear is fixed, it is unclear what is the scope of the claim because the structural relation between the “fixed” ring, the drive motor, the stator, and the transmission housing is ambiguous.
In claim 15, the limitation of “when the transmission become blocked while being operated and a predefined breakaway torque is reached, the fixed ring gear breaks away the slip clutch” renders the claim indefinite in that the phrase of “the transmission becomes blocked” fails to identify the condition that constitutes a blocked transmission. Specifically, it is unclear whether the recited blocking refers to the gears, the tool holder, the insertion tool, the motor, or another component of the power tool.
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, 5-13 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Scrimshaw (WO 2009/029997 A1).
Regarding claim 1, Scrimshaw discloses a hand-held power tool comprising: a drive motor (30; Fig. 10) comprising a drive shaft (175; Fig. 10); a transmission (Fig. 10) driven by the drive shaft, the transmission comprising: a transmission housing (5, 150); a transmission cover at least partially closing the transmission housing (as shown in Fig. 20); and a fixed ring gear (176); and a tool holder (70) configured to hold an insertion tool, the tool holder being driven by the transmission; and at least one annular biasing element (220-222; Fig. 10), wherein the fixed ring gear is arranged such that the fixed ring gear has a breakaway torque (i.e. becomes a rotating gear; page 39, lines 3-23; page 40, lines 1-19), and wherein the at least one annular biasing element (220-222) is configured to bias the stationary ring gear, such that the fixed ring gear breakaway torque is defined at least in part by the at least one annular biasing element (page 39, lines 3-23; page 40, lines 1-19).
Regarding claim 2, it is deemed that Scrimshaw discloses wherein the breakaway torque of the fixed ring gear (176) is equal to a maximum torque (i.e. to a threshold adjusted torque).
Regarding claims 3 and 5, Scrimshaw discloses wherein the fixed ring gear is at least partially rotatable relative to the drive motor and the transmission housing (when it becomes a rotating ring it rotates inside the housing relative to the other components such as the motor and the transmission housing).
Regarding claim 6, Scrimshaw discloses at least one locking element (201) configured to at least partially engage with at least one detent element (195) of the fixed ring gear.
Regarding claims 7-13, Scrimshaw discloses at least one biasing element (e.g. spring washer 220) 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; wherein the at least one biasing element is located between the fixed ring gear and the transmission housing; wherein the at least one biasing element is located between the fixed ring gear and the transmission cover.
Regarding claim 15, Scrimshaw discloses a hand-held power tool comprising: a housing (Fig. 1); a drive motor (30) comprising a drive shaft (175); a transmission driven by the drive shaft (Fig. 10), the transmission comprising: a transmission housing (Fig. 20); a transmission cover at least partially closing the transmission housing (fig. 20); and a fixed ring gear (176) arranged in a slip clutch (i.e. adjustment mode torque control means 200); and a tool holder (70) configured to hold an insertion tool, the tool holder configured to be driven by the transmission, wherein the fixed ring gear and slip clutch are configured such that when the transmission becomes blocked while being operated and a predefined breakaway torque is reached, the fixed ring gear breaks away from the slip clutch (page 39, lines 3-23; page 40, lines 1-19).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scrimshaw (WO 2009/029997 A1) in view of Roehm (2018/0154507).
Regarding claims 4 and 14, Scrimshaw discloses a hand-held power tool comprising a housing, a drive motor having a drive shaft, a transmission driven by the drive shaft, the transmission including a transmission housing, a transmission cover, and a fixed ring gear, and a tool holder driven by the transmission, as discussed above. Scrimshaw further teaches that the fixed ring gear is configured to break away upon application of a predetermined torque. However, Scrimshaw does not expressly disclose that the fixed ring gear is at least partially rotatable relative to a stator of the drive motor. Roehm discloses a hand-held power tool including a commutated electric motor (180) having a shaft (182) and stator (512; Fig. 5) and a planetary transmission including a ring gear (375) that is capable of rotating relative to the stator (i.e. because the stator remains stationary relative to the housing while the ring gear is capable of rotating about the motor shaft, the ring gear is deemed to at least partially rotatatable relative to the stator). Roehm disclose that the ring gear is not rigidly fixed to the motor stator and is permitted to rotate under predetermined operating conditions, such as overload conditions associated with a torque-limiting arrangement. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to have provided Scrimshaw’s motor as a commutated motor comprising a stator, as taught by Roehm, in order to permit controlled rotational movement of the ring gear under overload conditions relative to the stator while maintaining the ring gear in a normally restrained condition during ordinary operation. Such a modification would have predictably improved overload protection by allowing the torque-limiting function to be implemented through controlled relative movement between the ring gear and the motor stator while reducing the transmission of excessive reaction torque to the remaining transmission components.
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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