Prosecution Insights
Last updated: April 19, 2026
Application No. 19/097,638

BEARING RETAINER FOR A POWER TOOL

Non-Final OA §102§103§112§DP
Filed
Apr 01, 2025
Examiner
GERTH, KATIE L
Art Unit
3731
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Milwaukee Electric Tool Corporation
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
92%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allow Rate
212 granted / 281 resolved
+5.4% vs TC avg
Strong +16% interview lift
Without
With
+16.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
37 currently pending
Career history
318
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
44.6%
+4.6% vs TC avg
§102
26.2%
-13.8% vs TC avg
§112
24.8%
-15.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 281 resolved cases

Office Action

§102 §103 §112 §DP
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 . Application Status This action is responsive to the claims filed 1 April 2025. Claims 1-20 are currently pending and being examined. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the clamshells and fasteners must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. 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. Double Patenting The nonstatutory 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 nonstatutory 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 nonstatutory 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 nonstatutory 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 1-3 and 5 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7-10 of U.S. Patent No. 12,263,562 in view of Yoshikawa (US 2012/0080963). Claims 14-16 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 7-9 of U.S. Patent No. 12,263,562 in view of Lin (US 2011/0083869). The table below shows the corresponding language and how they line up, bold goes to bold, underline to underline, and so on, whereas strikethrough text is not similar between them. As shown, U.S. Patent teaches all the claim limitations of claims 1 and 14, but for “cooperating clamshell halves”, which is taught by Yoshikawa. It would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the power tool of US 12,263,562, by having the motor housing be cooperating clamshell halves, as taught by Yoshikawa, so the internal workings can be easily accessible, thus making it easier to maintain and repair the tool. As shown, U.S. Patent teaches all the claim limitations of claims 14, but for “the motor housing opposite the front housing portion by a plurality of fasteners”, which is taught by Lin. It would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the power tool of US 12,263,562, by using fasteners to attach the end cap to the tool housing, as taught by Lin, as a well-known way to couple two items together that has the added benefit of being able to remove the screws if needed, therefore the coupling does not result in a permanent attachment. Current application 19/097,638 U.S. Patent No. 12,263,562 Difference 1. A power tool comprising: a housing including a motor housing a front housing portion coupled to the motor housing, and an end cap coupled to the motor housing opposite the front housing portion; a motor supported within the motor housing, the motor including an output shaft defining an axis; a fan coupled for co-rotation with the output shaft; a bearing configured to support the output shaft for rotation about the axis; and a bearing retainer axially and radially securing the bearing within the end cap. 7. A power tool comprising: a housing including a motor housing portion and a front housing portion coupled to the motor housing portion; a motor supported within the motor housing portion, the motor including an output shaft defining an axis, a fan coupled for co-rotation with the output shaft; an end cap removably coupled to the motor housing portion opposite the front housing portion; a bearing configured to support the output shaft for rotation about the axis, wherein the end cap includes a bearing retainer radially secure the bearing, to axially secure the bearing. The present claim recites “cooperating clamshell halves”, while the patent does not. 5. The power tool of claim 1, wherein the bearing is insert molded within the bearing retainer. 8. The power tool of claim 7, wherein the bearing is insert molded within the bearing retainer. None/Identical 2. The power tool of claim 1, wherein the fan includes a recess in which the bearing retainer is at least partially received such that the bearing retainer and the bearing overlap the fan in a radial direction of the output shaft. 9. The power tool of claim 7, wherein the fan includes a recess in which the bearing retainer is at least partially received such that the bearing retainer and the bearing overlap the fan in a radial direction of the output shaft. None/Identical 3. The power tool of claim 1, wherein the end cap includes an aperture through which the bearing is accessible. 10. The power tool of claim 7, wherein the end cap includes an aperture through which the bearing is accessible. None/Identical 14. A power tool comprising: a housing including a motor housing a front housing portion coupled to the motor housing portion, and an end cap removably coupled to the motor housing opposite the front housing portion a motor supported within the motor housing, the motor including an output shaft defining an axis; a fan coupled for co-rotation with the output shaft; a bearing configured to support the output shaft for rotation about the axis; an anvil extending from the front housing portion; and a drive assembly configured to convert torque from the output shaft into a striking rotational force on the anvil, wherein the end cap includes a bearing retainer with a first wall extending parallel to the axis and opposed second and third walls extending transverse to the axis, wherein the first wall engages a radial side of the bearing to radially secure the bearing, and wherein the second and third walls engage opposite axial sides of the bearing to axially secure the bearing. 7. A power tool comprising: a housing including a motor housing portion and a front housing portion coupled to the motor housing portion; a motor supported within the motor housing portion, the motor including an output shaft defining an axis, a fan coupled for co-rotation with the output shaft; an end cap removably coupled to the motor housing portion opposite the front housing portion; a bearing configured to support the output shaft for rotation about the axis, an anvil extending from the front housing portion; and a drive assembly configured to convert torque from the output shaft into a striking rotational force on the anvil, wherein the end cap includes a bearing retainer with a first wall extending parallel to the axis and opposed second and third walls extending transverse to the axis, wherein the first wall engages a radial side of the outer race of the bearing to radially secure the bearing, wherein the second and third walls engage opposite axial sides of the outer race of the bearing, The present claim recites “cooperating clamshell halves” and “plurality of fasteners”, while the patent does not. 15. The power tool of claim 14, wherein the bearing is insert molded within the bearing retainer. 8. The power tool of claim 7, wherein the bearing is insert molded within the bearing retainer. None/Identical 16. The power tool of claim 14, wherein the fan includes a recess in which the bearing retainer is at least partially received such that the bearing retainer and the bearing overlap the fan in a radial direction of the output shaft. 9. The power tool of claim 7, wherein the fan includes a recess in which the bearing retainer is at least partially received such that the bearing retainer and the bearing overlap the fan in a radial direction of the output shaft. None/Identical 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. Claim 17 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. Claim 17 recites the limitation "the aperture" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshikawa (US 2012/0080963). Yoshikawa teaches: Claim 1: A power tool (10-fig.5) comprising: PNG media_image1.png 228 352 media_image1.png Greyscale a housing (11-fig.5) including a motor housing defined by cooperating clamshell halves (“L” and “R”-fig.5; ¶[0035]), a front housing portion (12-fig.8) coupled to the motor housing (¶[0036]-[0037]) and an end cap (47-fig.1) coupled to the motor housing opposite the front housing (¶[0045]); a motor (20-fig.1) supported within the motor housing (¶[0036]-[0037]), the motor including an output shaft (22j-fig.4B) defining an axis (annotated fig.4A); a fan (25-fig.4A) coupled for co-rotation with the output shaft (¶[0042]); a bearing (41-fig.4A) configured to support the output shaft for rotation about the axis (¶[0042]); and a bearing retainer (at least 474-fig.4B) axially and radially securing the bearing (¶[0013]) within the end cap (see fig.4(b) showing bearing 41 retained within the retainer within the end cap 47). Claim 2: The power tool of claim 1, wherein the fan (25-fig.4A) includes a recess (25h-fig.4A) in which the bearing retainer (47-fig.4B) is at least partially received such that the bearing retainer and the bearing overlap the fan in a radial direction of the output shaft (¶[0049]). Claim 3: The power tool of claim 1, wherein the end cap (47-fig.1) includes an aperture (472h-fig.3(A)) through which the bearing (41-fig.1) is accessible (41 is capable of being accessible via 472h- figs. 1-3(B)). Claim 4: The power tool of claim 3, further comprising an end plate (12u-fig.4(A)) removably coupled to the end cap (¶[0050]), wherein the end plate is configured to cover the aperture when the end plate is coupled to the end cap (see fig.4(A) showing 472h covered by 12u; ¶[0050]). 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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa (US 2012/0080963) in view of Crosby (US 2017/0294819). Yoshikawa teaches: Claim 5: The power tool of claim 1. Yoshikawa does not expressly teach a bearing is insert molded within the bearing retainer. However, Crosby teaches a bearing (220-fig.3A) is insert molded within the bearing retainer (252-fig.4; “The rear rotor bearing 220 is positioned and secured inside the first bearing pocket 252 via, for example, heat-staking, insert-molding, clamping via a small fastener, or other known method.” ¶[0059]). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the power tool of Yoshikawa, by insert molding the bearing in the bearing retainer, as taught by Crosby, as a well-known way to retain bearings in a power tool. (Crosby ¶[0059]) Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa (US 2012/0080963) in view of Li (US 2017/0326712). Yoshikawa teaches: Claim 6: The power tool of claim 1, the output shaft (22b,22j-fig.1) includes a shaft such that rotation of the output shaft produces an axial force on the output shaft that is resisted by the bearing retainer (474-fig.3(B); ¶[0011]-[0013],[0043]-[0051]). Yoshikawa does not expressly teach a gear assembly including a plurality of helical planet gears and an output shaft including a helical pinion meshed with the helical planet gears. However, Li teaches a gear assembly (60-fig.3) including a plurality of helical planet gears (63-fig.3) and an output shaft (51-fig.4) including a helical pinion (71-fig.4) meshed with the helical planet gears (¶[0034]). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the power tool of Yoshikawa, by having a gearbox having helical gears, as taught by Li, for smoother performance, higher torque capacity, and increased durability. Claim(s) 7 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa (US 2012/0080963) in view of Herr (US 2019/0291258). Yoshikawa teaches: Claim 7: The power tool of claim 1. Yoshikawa does not expressly teach a bearing retainer includes a first wall extending parallel to the axis and opposed second and third walls extending transverse to the axis, wherein the first wall engages a radial side of the bearing to radially secure the bearing, and wherein the second and third walls engage opposite axial sides of the bearing to axially secure the bearing. PNG media_image2.png 644 508 media_image2.png Greyscale However, Herr teaches a bearing retainer (72a-fig.7) includes a first wall (annotated fig. 7) extending parallel to the axis and opposed second (annotated fig. 7) and third walls (annotated fig. 7) extending transverse to the axis, wherein the first wall engages a radial side of the bearing to radially secure the bearing (see fig.7 showing the first wall of 72a radially securing the bearing 102a), and wherein the second and third walls engage opposite axial sides of the bearing to axially secure the bearing (see fig.7 showing the second and third wall 72a axially securing the bearing 102a). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the power tool of Yoshikawa, by using a bearing retainer that axially engages both sides of the bearing, as taught by Herr, to ensure the bearing does not axially shift along the shaft during operation of the tool. Yoshikawa teaches: Claim 11: The power tool of claim 1. Yoshikawa does not expressly teach an anvil extending from the front housing portion. However, Herr teaches an anvil (100a-fig.1) extending from the front housing portion (see fig.1 showing 100a extending from 74a; ¶[0025]). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the power tool of Yoshikawa, by adding an anvil, as taught by Herr, to allow the motor to impart a torque on a workpiece, like tightening a bolt. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa (US 2012/0080963) in view of Lin (US 2011/0083869). Yoshikawa teaches: Claim 12: The power tool of claim 1, an end cap (47-fig.1) is removably coupled to the motor housing (12u-fig.4(A); ¶[0050]). Yoshikawa does not expressly teach a plurality of fasteners coupling an end cap to a housing. However, Lin teaches a plurality of fasteners (35-figs.6-7) coupling an end cap (30-fig.6) to a housing (12-fig.7; ¶[0035]). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the power tool of Yoshikawa, by using fasteners to attach the end cap to the tool housing, as taught by Lin, as a well-known way to couple two items together that has the added benefit of being able to remove the screws if needed, therefore the coupling does not result in a permanent attachment. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa (US 2012/0080963) in view of Lin (US 2011/0083869), further in view of Crosby (US 2017/0294819). Yoshikawa as modified by Lin teaches: Claim 13: The power tool of claim 12. Yoshikawa as modified by Lin does not expressly teach a bearing is insert molded within the bearing retainer. However, Crosby teaches a bearing (220-fig.3A) is insert molded within the bearing retainer (252-fig.4; “The rear rotor bearing 220 is positioned and secured inside the first bearing pocket 252 via, for example, heat-staking, insert-molding, clamping via a small fastener, or other known method.” ¶[0059]). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the power tool of Yoshikawa and Lin, by insert molding the bearing in the bearing retainer, as taught by Crosby, as a well-known way to retain bearings in a power tool. (Crosby ¶[0059]). Claim(s) 14, 16, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa (US 2012/0080963) in view Lin (US 2011/0083869), further in view of Herr (US 2019/0291258). Yoshikawa teaches: Claim 14: A power tool (10-fig.5) comprising: a housing (11-fig.5) including a motor housing defined by cooperating clamshell halves (“L” and “R”-fig.5; ¶[0035]), a front housing portion (12-fig.8) coupled to the motor housing portion (¶[0036]-[0037]), and an end cap (47-fig.1) removably coupled to the motor housing (¶[0050]) PNG media_image3.png 285 440 media_image3.png Greyscale a motor (20-fig.1) supported within the motor housing (¶[0036]-[0037]), the motor including an output shaft (22j-fig.4B) defining an axis (annotated fig.4A); a fan (25-fig.4a) coupled for co-rotation with the output shaft (¶[0042]); a bearing (41-fig.4A) configured to support the output shaft for rotation about the axis (¶[0042]); wherein the end cap (47-fig.1) includes a bearing retainer (at least 474-fig.4B). Yoshikawa does not expressly teach a plurality of fasteners coupling an end cap to a housing. However, Lin teaches a plurality of fasteners (35-figs.6-7) coupling an end cap (30-fig.6) to a housing (12-fig.7; ¶[0035]). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the power tool of Yoshikawa, by using fasteners to attach the end cap to the tool housing, as taught by Lin, as a well-known way to couple two items together that has the added benefit of being able to remove the screws if needed, therefore the coupling does not result in a permanent attachment. Yoshikawa as modified by Lin does not expressly teach an anvil extending from the front housing portion; and a drive assembly configured to convert torque from the output shaft into a striking rotational force on the anvil, a bearing retainer with a first wall extending parallel to the axis and opposed second and third walls extending transverse to the axis, wherein the first wall engages a radial side of the bearing to radially secure the bearing, and wherein the second and third walls engage opposite axial sides of the bearing to axially secure the bearing. However, Herr teaches an anvil (100a-fig.1) extending from the front housing portion (see fig.1 showing 100a extending from 74a; ¶[0025]); and PNG media_image2.png 644 508 media_image2.png Greyscale a drive assembly (16a-fig.2) configured to convert torque from the output shaft into a striking rotational force on the anvil (at least ¶[0025],[0004]), a bearing retainer (72a-fig.7) with a first wall (annotated fig. 7) extending parallel to the axis and opposed second (annotated fig. 7) and third walls (annotated fig. 7) extending transverse to the axis, wherein the first wall engages a radial side of the bearing to radially secure the bearing (see fig.7 showing the first wall of 72a radially securing the bearing 102a), and wherein the second and third walls engage opposite axial sides of the bearing to axially secure the bearing (see fig.7 showing the second and third wall 72a axially securing the bearing 102a). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the power tool of Yoshikawa and Lin, by adding an anvil and using a bearing retainer that axially engages both sides of the bearing, as taught by Herr, to allow the motor to impart a torque on a workpiece, like tightening a bolt, and to ensure the bearing does not axially shift along the shaft during operation of the tool. Yoshikawa as modified by Lin and Herr teaches: Claim 16: The power tool of claim 14, wherein the fan (Yoshikawa: 25-fig.4A) includes a recess (Yoshikawa: 25h-fig.4A) in which the bearing retainer (Yoshikawa: 47-fig.4B) is at least partially received such that the bearing retainer and the bearing overlap the fan in a radial direction of the output shaft (Yoshikawa: ¶[0049]). Yoshikawa teaches: Claim 20: A power tool (10-fig.5) comprising: PNG media_image4.png 215 333 media_image4.png Greyscale a housing (11-fig.5) including a motor housing defined by cooperating clamshell halves (“L” and “R”-fig.5; ¶[0035]), a front housing portion (12-fig.8) coupled to the motor housing portion (¶[0036]-[0037]), and an end cap (47-fig.1) removably coupled to the motor housing (14u-fig.4(A)) opposite the front housing portion (¶[0050]); a motor (20-fig.1) supported within the motor housing (¶[0036]-[0037]), the motor including an output shaft (22j-fig.4B) defining an axis (annotated fig.4A); a first bearing (41-fig.1) configured to support the output shaft for rotation about the axis (¶[0042]); a first bearing retainer (at least 474-fig.4(B)), and wherein the first bearing retainer (474-fig.4B) supports the first bearing (41-fig.4A) within the end cap (see fig.4(b) showing bearing 41 retained within the retainer within the end cap 47). Yoshikawa does not expressly teach a plurality of fasteners coupling an end cap to a housing. However, Lin teaches a plurality of fasteners (35-figs.6-7) coupling an end cap (30-fig.6) to a housing (12-fig.7; ¶[0035]). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the power tool of Yoshikawa, by using fasteners to attach the end cap to the tool housing, as taught by Lin, as a well-known way to couple two items together that has the added benefit of being able to remove the screws if needed, therefore the coupling does not result in a permanent attachment. Yoshikawa as modified by Lin does not expressly teach a first bearing and a second bearing, each bearing configured to support the output shaft for rotation about the axis; an anvil extending from the housing; a drive assembly at least partially disposed within the front housing portion, the drive assembly configured to convert torque from the output shaft into a striking rotational force on the anvil; a first bearing retainer with a first wall extending parallel to the axis and a second wall extending transverse to the axis; a second bearing retainer with a first wall extending parallel to the axis and a second wall extending transverse to the axis; wherein the first wall of the first bearing retainer engages a radial side of the first bearing to radially secure the first bearing, and the second wall of the first bearing retainer engages an axial side of the first bearing to axially secure the first bearing in a first direction, wherein the first wall of the second bearing retainer engages a radial side of the second bearing to radially secure the second bearing, and the second wall of the second bearing retainer engages an axial side of the second bearing to axially secure the second bearing in a second direction opposite the first direction. However, Herr teaches a first bearing (102a-fig.2) and a second bearing (48a-fig.2), each bearing configured to support the output shaft for rotation about the axis (¶[0027]-[0028]); an anvil (100a-fig.1) extending from the housing (see fig.1 showing 100a extending from 74a; ¶[0025]); a drive assembly (16a-fig.2) at least partially disposed within the front housing portion (¶[0025]), the drive assembly (16a-fig.2) configured to convert torque from the output shaft into a striking rotational force on the anvil (at least ¶[0025],[0004]); PNG media_image5.png 461 685 media_image5.png Greyscale a first bearing retainer (annotated fig.7) with a first wall (annotated fig.7) extending parallel to the axis and a second wall (annotated fig.7) extending transverse to the axis; a second bearing retainer (annotated fig.7) with a first wall (annotated fig.7) extending parallel to the axis and a second wall (annotated fig.7) extending transverse to the axis; wherein the first wall of the first bearing retainer engages a radial side of the first bearing to radially secure the first bearing (see annotated fig.7 showing the first wall radially securing the bearing), and the second wall of the first bearing retainer engages an axial side of the first bearing to axially secure the first bearing in a first direction (see annotated fig.7 showing the second wall axially securing the bearing), wherein the first wall of the second bearing retainer engages a radial side of the second bearing to radially secure the second bearing (see annotated fig.7 showing the first wall radially securing the bearing), and the second wall of the second bearing retainer engages an axial side of the second bearing to axially secure the second bearing in a second direction opposite the first direction (see annotated fig.7 showing the second wall axially securing the bearing). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the power tool of Yoshikawa and Lin, by using a bearing retainer that axially engages both sides of the bearing, as taught by Herr, to ensure the bearing does not axially shift along the shaft during operation of the tool. Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa (US 2012/0080963) in view Lin (US 2011/0083869) and Herr (US 2019/0291258), further in view of Crosby (US 2017/0294819). Yoshikawa as modified by Lin and Herr teaches: Claim 15: The power tool of claim 14. Yoshikawa as modified by Lin and Herr does not expressly teach a bearing is insert molded within the bearing retainer. However, Crosby teaches a bearing (220-fig.3A) is insert molded within the bearing retainer (252-fig.4; “The rear rotor bearing 220 is positioned and secured inside the first bearing pocket 252 via, for example, heat-staking, insert-molding, clamping via a small fastener, or other known method.” ¶[0059]). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to modify the power tool of Yoshikawa, Lin, and Herr, by insert molding the bearing in the bearing retainer, as taught by Crosby, as a well-known way to retain bearings in a power tool. (Crosby ¶[0059]). Allowable Subject Matter Claims 8-10 and 18-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claim 17 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: Any modification to the prior art structure to arrive at the claimed subject matter would have required a reworking of the structure and the principle of operation in a manner which would not have been apparent to a person having ordinary skill in the relevant art, especially since such modifications to the prior art structure would have gone beyond mere substitution or incorporation of a known structure capable of achieving predictable results. Any such modifications to the prior art structure in order to arrive at the claimed subject matter would have required the improper benefit of the teachings of Applicant' s disclosure. The specific limitations that are not taught in the prior are: Claim 8: “the bearing retainer includes a bushing fixed within the aperture, and wherein the first wall is defined by the bushing.” Claim 17: “the bearing retainer includes a bushing fixed within an aperture, and wherein the first wall is defined by the bushing.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATIE L GERTH whose telephone number is (303)297-4602. The examiner can normally be reached Monday-Thursday 9am-4pm (CT). 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. /KATIE L GERTH/Examiner, Art Unit 3731
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Prosecution Timeline

Apr 01, 2025
Application Filed
Mar 21, 2026
Non-Final Rejection — §102, §103, §112 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
75%
Grant Probability
92%
With Interview (+16.4%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 281 resolved cases by this examiner. Grant probability derived from career allow rate.

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