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 .
This Office Action is in response to the applicant’s filing on 03/24/2025.
Claims 4-5, 10, and 13 are withdrawn for being drawn to non-elected species. Claims 1-3, 6-9, 11-12, and 14-20 are pending and examined below.
Election/Restrictions
Applicant’s election without traverse of Species 7, the embodiment shown in Figures 30-35, in the reply filed on 04/15/2026 is acknowledged.
Claims 4-5, 10, and 13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/15/2026.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/24/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 9, 11-12, and 14-19 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 pre-AIA the applicant regards as the invention.
Regarding claim 9 line 6, the phrase “a hammer that moves with respect to the spindle” renders claim 9 vague and indefinite because it is unclear how the hammer moves with respect to the spindle. The motor is understood to created rotation motion that is transferred to the spindle, which is transferred to the hammer. It is unclear how the rotational motion is transferred from the spindle to the hammer when the hammer moves with respect to the spindle. For examining purposes, the phrase is interpreted as “a hammer that is rotated by the spindle”.
Claims 11-12 are dependent of claim 9 and include all the same limitations.
Regarding claim 14 line 6, the phrase “a hammer that moves with respect to the spindle” renders claim 14 vague and indefinite because it is unclear how the hammer moves with respect to the spindle. The motor is understood to created rotation motion that is transferred to the spindle, which is transferred to the hammer. It is unclear how the rotational motion is transferred from the spindle to the hammer when the hammer moves with respect to the spindle. For examining purposes, the phrase is interpreted as “a hammer that is rotated by the spindle”.
Claims 15-19 are dependent of claim 14 and include all the same limitations.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 6-7, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over reference Seith et al. (10,131,037) in view of reference Zhao (11,338,413).
Regarding claim 1, Seith et al. disclose an impact tool (10) comprising:
a grip (22, 24) extending in a front-rear direction;
a motor housing (18) located forward of the grip (22, 24);
a motor (16) located inside the motor housing (18);
a spindle (94) located forward of the motor (16),
wherein the spindle (94) extends in a direction intersecting the front-rear direction, and
wherein the spindle (94) is rotated by the motor (16);
a hammer (100) rotated by the spindle (94);
an anvil (110) to be impacted in a rotation direction by the hammer (100);
a tool accessory holder (88) located at a lower end of the anvil (110); and
a hammer case (46) that accommodates the spindle (94) and the hammer (100).
(Figure 1-3 and Column 2 lines 60-65, Column 3 lines 18-19, 55-60, Column 3 lines 66-67 through Column 4 lines 1-5, Column 4 lines 25-31)
However, Seith et al. do not disclose a light emitter.
Zhao disclose a power tool (1) comprising:
a grip (14) extending in a front-rear direction;
a motor housing (18) located forward of the grip (14);
a motor (16) located inside the motor housing (18);
a spindle (22) located forward of the motor (16),
wherein the spindle (22) is rotated by the motor (16);
a tool accessory holder (28);
a casing (24) that accommodates the spindle (22); and
a light emitter (122) held by the casing (24).
(Figure 4 and Column 5 lines 1-8, 16-23, and Column 10 lines 55-62)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the impact tool of Seith et al. by incorporating the light emitter as taught by Zhao, since column 10 lines 63-65 of Zhao states such a modification would allow the lower side of the tool accessory holder to be illuminated.
Since Zhao disclose the light emitter is situated under the internal gear (100), as seen in Figure 4 of Zhao, Seith et al. modified by Zhao is interpreted to disclose the light emitter is held by the hammer case which accommodates the internal gear.
Regarding claim 2, Seith et al. modified by Zhao disclose the spindle (Seith et al. – 94) extends downward along a rotation axis orthogonal to the front-rear direction. (Figure 3)
Regarding claim 3, Seith et al. modified by Zhao disclose the light emitter (Zhao – 122) is held on a lower surface of the hammer case (Seith et al. – 46). (Seith et al. – Figure 3) (Zhao – Figure 4)
Regarding claim 6, Seith et al. modified by Zhao disclose a speed reducing mechanism (Seith et al. – 58) accommodated in the hammer case (Seith et al. – 46), wherein the speed reducing mechanism (Seith et al. – 58) is configured to transmit a rotational force of the motor (Seith et al. – 16) to the spindle (Seith et al. – 94), and wherein the light emitter (Zhao – 122) is held on a lower surface of a portion accommodating the speed reducing mechanism (Seith et al. – 58). (Seith et al. – Figure 3 and Column 3 lines 18-26) (Zhao – Figure 4)
Regarding claim 7, Seith et al. modified by Zhao disclose the hammer case (Seith et al. – 46) includes:
a first portion (Seith et al. – see figure 4 below) configured to accommodate the spindle (Seith et al. – 94) and the hammer (Seith et al. – 100); and
a second portion (Seith et al. – see figure 4 below) continuous to a rear portion of the first portion (Seith et al. – see figure 4 below),
wherein the light emitter (Zhao – 122) is held on a lower surface of the second portion (Seith et al. – see figure 4 below).
(Seith et al. – Figure 4)
(Zhao – Figure 4)
[AltContent: textbox (First Portion)][AltContent: textbox (Second Portion)][AltContent: ][AltContent: ][AltContent: textbox (Seith et al.)]
PNG
media_image1.png
412
606
media_image1.png
Greyscale
Regarding claim 20, Seith et al. modified by Zhao disclose the tool accessory holder (Seith et al. – 88) has a square columnar shape, wherein the impact tool is an impact wrench. (Seith et al. – Figure 3 and Column 3 lines 55-60)
Claims 8, 14, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over reference Seith et al. (10,131,037) in view of reference Zhao (11,338,413) as applied to claim 1 above, and further in view of reference Valanzola et al. (2023/0366534).
Regarding claim 8, Seith et al. modified by Zhao disclose a lead wire (Zhao – col 10 ln 58) connected to the light emitter (Zhao – 122) and extending along the lower surface of the hammer case (Seith et al. – 46) to the motor housing (Seith et al. – 18). (Zhao – Figure 4 and Column 10 lines 56-62)
However, Seith et al. modified by Zhao do not disclose a light cover.
Valanzola et al. disclose a power tool (100) comprising: a light emitter system (101) including a plurality of light emitters (116); and a light cover (112) on the lower surface of the power tool (100), wherein the light cover (112) is configured to hold the light emitter system (101) and cover a lead wire. (Figure 4 and Page 2 paragraph 21, 24)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the light emitter of Zhao by incorporating the plurality of light emitters and light cover, since page 2 paragraphs 22 and 24 of Valanzola et al. states such a modification would allow the light emitter to illuminate the lower side of the tool accessory holder and the workpiece while protecting the light emitters and wiring form contaminants.
Regarding claim 14, Seith et al. disclose an impact tool (10) comprising:
a grip (22, 24) extending in a front-rear direction;
a motor housing (18) located forward of the grip (22, 24);
a motor (16) located inside the motor housing (18);
a spindle (94) located forward of the motor (16);
a hammer (100) rotated by the spindle (94);
an anvil (110) to be directly or indirectly impacted in a rotation direction by the hammer (100);
a tool accessory holder (88) located at a lower end of the anvil (110); and
a hammer case (46) that accommodates the spindle (94) and the hammer (100).
(Figure 1-3 and Column 2 lines 60-65, Column 3 lines 18-19, 55-60, Column 3 lines 66-67 through Column 4 lines 1-5, Column 4 lines 25-31)
However, Seith et al. do not disclose a plurality of light emitter and a cover.
Zhao disclose a power tool (1) comprising:
a grip (14) extending in a front-rear direction;
a motor housing (18) located forward of the grip (14);
a motor (16) located inside the motor housing (18);
a spindle (22) located forward of the motor (16),
wherein the spindle (22) is rotated by the motor (16);
a tool accessory holder (28);
a casing (24) that accommodates the spindle (22);
a light emitter (122) held by the casing (24); and
one or more lead wires (col 10 ln 58) extending from the motor housing (18) and connected to the light emitter (122).
(Figure 4 and Column 5 lines 1-8, 16-23, and Column 10 lines 55-62)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the impact tool of Seith et al. by incorporating the light emitter as taught by Zhao, since column 10 lines 63-65 of Zhao states such a modification would allow the lower side of the tool accessory holder to be illuminated.
Since Zhao disclose the light emitter is situated under the internal gear (100), as seen in Figure 4 of Zhao, Seith et al. modified by Zhao is interpreted to disclose the light emitter is held by the hammer case which accommodates the internal gear.
Valanzola et al. disclose a power tool (100) comprising: a light emitter system (101) including a plurality of light emitters (116); and a light cover (112) on the lower surface of the power tool (100), wherein the light cover (112) is configured to hold the light emiiter system (101) and cover a lead wire. (Figure 4 and Page 2 paragraph 21, 24)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the light emitter of Zhao by incorporating the plurality of light emitters and light cover, since page 2 paragraphs 22 and 24 of Valanzola et al. states such a modification would allow the light emitter to illuminate the lower side of the tool accessory holder and the workpiece while protecting the light emitters and wiring form contaminants.
Regarding claim 17, Seith et al. modified by Zhao and Valanzola et al. disclose the hammer case (Seith et al. – 46) has a groove (Zhao – 124) in which the one or more lead wires (Zhao – col 10 ln 58) are located on the lower surface of the hammer case (Seith et al. – 46), wherein the cover (Valanzola et al. – 112) covers the groove in which the one or more lead wires are located. (Zhao – Figure 4 and Column 10 lines 56-62) (Valanzola et al. – Page 2 paragraph 24)
Regarding claim 18, Seith et al. modified by Zhao and Valanzola et al. disclose the cover (Valanzola et al. – 112) extends from the arrangement positions of the plurality of (Valanzola et al. – 116) to the motor housing (Seith et al. – 18). (Valanzola et al. – Figure 4)
Regarding claim 19, Seith et al. modified by Zhao and Valanzola et al. disclose the cover (Valanzola et al. – 112) has a claw (Valanzola et al. – see figure 4 below) engaged with the motor housing (Seith et al. – 18), wherein the cover (Valanzola et al. – 112) is fixed to the hammer case (Seith et al. – 46) with the claw (Valanzola et al. – see figure 4 below) being engaged with the motor housing (Seith et al. – 18). (Valanzola et al. – Figure 4)
[AltContent: arrow][AltContent: textbox (Claw)][AltContent: arrow][AltContent: rect][AltContent: textbox (Valanzola et al.)]
PNG
media_image2.png
188
299
media_image2.png
Greyscale
PNG
media_image2.png
188
299
media_image2.png
Greyscale
Claims 9, 11-12, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over reference Fischer et al. (11,772,245) in view of reference Seith et al. (10,131,037).
Regarding claim 9, Fischer et al. disclose an impact tool (10) comprising:
a grip (19);
a motor housing (14) located forward the grip (19);
a motor (28) located inside the motor housing (14);
a spindle (94) rotated by the motor (28);
a hammer (204) that is rotated by the spindle;
an anvil (200) to be directly or indirectly impacted in a rotation direction by the hammer (204);
a tool accessory holder (col 4 ln 14-15) located at an end portion of the anvil (200);
a plurality of light emitters (280) located around the anvil (200);
a hammer case (16) that accommodates the spindle (94) and the hammer (204); and
a light emitter holder (248) provided separately from the motor housing (28),
wherein the light emitter holder (248) is configured to hold the plurality of light emitters (280).
(Figure 1, 2, 4 and Column 2 lines 56-63, Column 3 lines 18-21, Column 4 lines 12-26, Column 5 lines 46-51)
However, Fischer et al. do not disclose the grip extending in a front-rear direction.
Seith et al. disclose an impact tool (10) comprising:
a grip (22, 24) extending in a front-rear direction;
a motor housing (18) located forward of the grip (22, 24);
a motor (16) located inside the motor housing (18);
a spindle (94) located forward of the motor (16),
wherein the spindle (94) extends in a direction intersecting the front-rear direction;
a hammer (100) rotated by the spindle (94); and
an anvil (110) to be directly or indirectly impacted in a rotation direction by the hammer (100).
(Figure 1-2 and Column 2 lines 60-65, Column 3 lines 18-19, 55-60, Column 3 lines 66-67 through Column 4 lines 1-5, Column 4 lines 25-31)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the impact tool of Fischer et al. by changing the orientation of the grip and the spindle as taught by Seith et al., since column 4 lines 61-64 states such a modification would allow the impact tool to be inserted into smaller spaces.
Since Fischer et al. disclose the plurality of light emitters located around the anvil, Fischer et al. modified by Seith et al. is interpreted to disclose the plurality of light emitters located on the lower surface of the hammer case, and interpreted to disclose the light emitter holder located on the lower surface of the hammer case.
Regarding claim 11, Fischer et al. modified by Seith et al. disclose an optical member (Fischer et al. – 272) located so as to cover the plurality of light emitters (Fischer et al. – 280), wherein optical member (Fischer et al. – 272) is configured to diffuse light emitted from the plurality of light emitters (Fischer et al. – 280), and wherein the light emitter holder (Fischer et al. – 248) holds the plurality of light emitters (Fischer et al. – 280) by pressing a lower surface of the optical member (Fischer et al. – 272) towards the hammer case (Fischer et al. – 16). (Fischer et al. – Column 5 lines 46-51)
Regarding claim 12, Fischer et al. modified by Seith et al. disclose the light emitter holder (Fischer et al. – 248) is fixed to the lower surface of the hammer case (Fischer et al. – 16) by using screws (Fischer et al. – 252). (Fischer et al. – Column 5 lines 37-43)
Regarding claim 14, Fischer et al. disclose an impact tool (10) comprising:
a grip (19);
a motor housing (14) located forward the grip (19);
a motor (28) located inside the motor housing (14);
a spindle (94) rotated by the motor (28);
a hammer (204) that is rotated by the spindle;
an anvil (200) to be directly or indirectly impacted in a rotation direction by the hammer (204);
a tool accessory holder (col 4 ln 14-15) located at an end portion of the anvil (200);
a plurality of light emitters (280) located around the anvil (200);
a hammer case (16) that accommodates the spindle (94) and the hammer (204); and
one or more lead wires (288, 302) extending from the motor housing (14) and connected to the plurality of light emitters (280)
a cover (248) provided separately from the motor housing (28),
wherein the cover (248) is configured to cover the lead wire (288, 302)
(Figure 1, 2, 4 and Column 2 lines 56-63, Column 3 lines 18-21, Column 4 lines 12-26, Column 5 lines 46-51, Column 5 lines 63-67 through Column 6 lines 1-5)
However, Fischer et al. do not disclose the grip extending in a front-rear direction.
Seith et al. disclose an impact tool (10) comprising:
a grip (22, 24) extending in a front-rear direction;
a motor housing (18) located forward of the grip (22, 24);
a motor (16) located inside the motor housing (18);
a spindle (94) located forward of the motor (16),
wherein the spindle (94) extends in a direction intersecting the front-rear direction;
a hammer (100) rotated by the spindle (94); and
an anvil (110) to be directly or indirectly impacted in a rotation direction by the hammer (100).
(Figure 1-2 and Column 2 lines 60-65, Column 3 lines 18-19, 55-60, Column 3 lines 66-67 through Column 4 lines 1-5, Column 4 lines 25-31)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the impact tool of Fischer et al. by changing the orientation of the grip and the spindle as taught by Seith et al., since column 4 lines 61-64 states such a modification would allow the impact tool to be inserted into smaller spaces.
Since Fischer et al. disclose the plurality of light emitters located around the anvil, Fischer et al. modified by Seith et al. is interpreted to disclose the plurality of light emitters located on the lower surface of the hammer case, and interpreted to disclose the light emitter holder located on the lower surface of the hammer case.
Regarding claim 15, Fischer et al. modified by Seith et al. disclose the one or more lead wires includes:
a first lead wire (Fischer et al. – 302) extending from a motor housing (Fischer et al. – 14);
a second lead wire (Fischer et al. – 288) connected to the first lead wire (Fischer et al. – 302) via a connector (Fischer et al. – 296, 300),
wherein the second lead wire (Fischer et al. – 288) is connected to the plurality of light emitters (Fischer et al. – 280); and
wherein the cover (Fischer et al. – 248) is configured to cover the connector (Fischer et al. – 296, 300), the first lead wire (Fischer et al. – 302), and the second lead wire (Fischer et al. – 288).
(Fischer et al. –Column 5 lines 63-67 through Column 6 lines 1-5)
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over reference Fischer et al. (11,772,245) in view of reference Seith et al. (10,131,037) as applied to claim 15 above, and further in view of reference Hozumi (11,751,503).
Regarding claim 16, Fischer et al. modified by Seith et al. disclose the claimed invention as stated above, but do not disclose a ground wire.
Hozumi disclose a power tool (1) comprising: a plurality of light emitters (42, 43, 55, 56); one or more lead wires (50); and a ground wire (col 5 ln 29) extending from a rear housing (21). (Figure 1, 2 and Column 4 lines 28-30, Column 5 lines 21-23, 29-30)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified Fischer et al. by incorporating the ground wire as taught by Hozumi, since it is known in the art that provide a safe route for electrical currents to flow in case something goes wrong, thereby protecting the light emitters from being damage and making the overall impact tool more reliable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B FRY whose telephone number is (571)272-0396. The examiner can normally be reached on Mon-Thur 7am-4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at (571) 272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PATRICK B FRY/Examiner, Art Unit 3731 June 12, 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
Prosecution Insights