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 .
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 20 recites the limitation "the dimensionally stable element" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
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 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 13-15 and 18-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer et al. (US 2008/0202785 A1) hereinafter referred to as Fischer in view of Schadow et al. (US 2012/0111595 A1) hereinafter referred to as Schadow.
Regarding claim 13, Fischer discloses a machine tool (2; fig. 1) comprising:
a housing (18, 24 and 30) having a grip region (24 and/or 30);
an assembly (at least 4, 6, 8 and 10) including an impact mechanism (8) and a drive device (10), the assembly being arranged within the housing (18, 24) movably relative to the housing (paragraphs 0037-0042), a center of gravity (SP; paragraph 0036 – While ‘SP’ is noted as being the center of gravity of the “entire hand-held power tool”, the Office deems the disclosed location of SP to be a reasonable approximation of the center of gravity of the assembly since the vast majority of the mass of the power tool will be a result of the impact device, transmission, motor and base house which make up the claimed assembly) of the assembly being arranged at a distance from an impact axis (‘A’ – fig. 1; paragraph 0036); and
a decoupling device (21; paragraphs 0039-0041) between the assembly and the housing, wherein the decoupling device is connected to the assembly at a circumferential position along a vertically facing wall of the assembly (fig. 1).
Fischer discloses a decoupling device (21; paragraphs 0039-0041) between the assembly and the housing, but fails to disclose wherein the decoupling device comprises a seal device to restrict an air flow between the assembly and the housing, wherein the seal device is connected to the assembly and to the housing and encompasses the assembly circumferentially relative to a vertical direction of the machine tool.
However, Schadow teaches a hand held power tool (1; Abstract) comprising a decoupling device (at least fig. 12; also figs. 1, 7 and 10) which comprises a seal device (8, or 8 and 9; paragraphs 0048, 0079) to restrict an air flow between the assembly (2) and the housing (5), wherein the seal device is connected to the assembly and to the housing and encompasses the assembly circumferentially (paragraphs 0047-0048, 0050, 0068-0070 – “damping ring”; paragraph 0079 – “the gas-tight closure is achieved by means of an annular damping element 8”) relative to a vertical direction (right to left as seen in figs. 1, 7, 10 and 12 are deemed a vertical comparable to the cited vertical direction of Fischer) of the machine tool.
Given the teachings of Schadow, it would have been obvious to one of ordinary skill in the art before the time of effective filing to modify the decoupling device of Fischer with the decoupling device comprising the circumferential seal device of Schadow. Fischer suggests (paragraph 0039) using alternative decoupling (i.e. spring) devices. Both Fischer and Schadow are concerned with the same problem of isolating the vibration of the internal moving elements from the user of the hand tool. Schadow teaches an alternative decoupling means in the form of an elastic circumferential seal device connected to both the assembly and the housing and which circumferentially encompasses the assembly. The benefits of this are that the elastic connection is present in all circumferential directions thus helping to isolate the vibrations regardless of their direction in that plane of the seal. Furthermore the trapped gas helps to provide additional spring isolation for the user.
Regarding claim 14, Fischer as modified by Schadow above discloses wherein the seal device (8, or 8 and 9; paragraphs 0048, 0079) is connected fixedly (Schadow – fig. 12; also figs. 1, 7 and 10; paragraphs 0048-0049, 0069-0070, 0079) to the housing (Fischer - 18, 24 and 30; Schadow - 5) with a first region and is connected fixedly to the assembly (Fischer - at least 4, 6, 8 and 10; Schadow - 2) with a second region.
Regarding claim 15, Fischer as modified by Schadow above discloses wherein the seal device (Schadow - 8 and 9; paragraphs 0048, 0051, 0079) has a flexible element (Schadow - 8) and a dimensionally stable element (Schadow – 9).
Regarding claim 18, Fischer as modified by Schadow above discloses wherein the seal device (Schadow - 8; paragraphs 0048, 0079) is connected (Schadow - via 9) to the assembly (Fischer - at least 4, 6, 8 and 10; Schadow - 2) or the housing via a form-fit (Schadow – paragraphs 0048) or material-fit (Schadow – paragraphs 0048).
Regarding claim 19, Fischer as modified by Schadow above discloses wherein the seal device (Schadow - 8; paragraphs 0048, 0079) engages with the first region or second region in a recess (Schadow - 9) of the housing or the assembly (Schadow – 2; paragraph 0048).
Regarding claim 20, Fischer as modified by Schadow above discloses wherein the flexible element (Schadow - 8) surrounds the dimensionally stable element (Schadow – 9) in the circumferential direction of the vertical direction (Schadow – paragraph 0048).
Regarding claim 21, Fischer as modified by Schadow above discloses wherein the flexible element (Schadow - 8) is made with an elastomer (Schadow – paragraphs 0017, 0049).
Regarding claims 22 and 23, Fischer as modified by Schadow above discloses wherein the dimensionally stable element a contoured seating (paragraph 0048), but does not disclose that it is made of plastic.
However, the Office is taking official notice that it would have been obvious to one of ordinary skill before the time of effective filing to have the dimensionally stable element made with a plastic. Plastic was a notoriously well-known material often used in contoured internal components of hand tools and would have been an obvious choice to one of ordinary skill in the art. Plastic provides the benefits of being inexpensive, readily available and easy to mold into desired shapes as might be required.
Regarding claim 24, Fischer as modified by Schadow above is deemed to disclose wherein the seal device is designed to allow a movement (Fischer – ‘as’, fig. 1; paragraph 0038) of the assembly (Fischer - at least 4, 6, 8 and 10) relative to the housing (Fischer – 18, 24 and 30) in the longitudinal direction (Fischer – fig. 1, ‘z’) greater than 0.8 mm (While not explicitly cited as allowing for relative movement of 0.8 mm, paragraph 0038 of Fischer notes that the longitudinal movement (as) of the assembly can be up to 0.4 times an axial distance (ar) of the pivotal means SP from a rear side 34 of the base housing 4. This is deemed to result in a relative movement greater than 0.8 mm).
Wherein the Applicant may argue that the value of a movement of the assembly relative to the housing in the longitudinal direction greater than 0.8 mm is not disclosed or inferred by Fischer, the Office alternatively notes that it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the movement of the assembly relative to the housing in the longitudinal direction greater than 0.8 mm. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 233; MPEP 2144.05 I, II). Fischer already discloses some amount of movement in that direction, and impact devices of this nature would generally desire to have more than 0.8 mm available movement so as to help dampen the vibration imparted to the user as more space can allow for more vibration dampening.
Regarding claim 25, Fischer as modified by Schadow above is deemed to disclose wherein the seal device is designed to allow a movement (Fischer – ‘as’, fig. 1; paragraph 0038) of the assembly (Fischer - at least 4, 6, 8 and 10) relative to the housing (Fischer – 18, 24 and 30) in the longitudinal direction (Fischer – fig. 1, ‘z’) greater than 1.0 mm (While not explicitly cited as allowing for relative movement of 1.0 mm, paragraph 0038 of Fischer notes that the longitudinal movement (as) of the assembly can be up to 0.4 times an axial distance (ar) of the pivotal means SP from a rear side 34 of the base housing 4. This is deemed to result in a relative movement greater than 1.0 mm).
Wherein the Applicant may argue that the value of a movement of the assembly relative to the housing in the longitudinal direction greater than 1.0 mm is not disclosed or inferred by Fischer, the Office alternatively notes that it would have been obvious to one having ordinary skill in the art at the time the invention was made to have the movement of the assembly relative to the housing in the longitudinal direction greater than 0.8 mm. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 233; MPEP 2144.05 I, II). Fischer already discloses some amount of movement in that direction, and impact devices of this nature would generally desire to have more than 1.0 mm available movement so as to help dampen the vibration imparted to the user as more space can allow for more vibration dampening.
Regarding claim 26, Fischer as modified by Schadow above is deemed to disclose wherein the seal device (Schadow - 8, or 8 and 9; paragraphs 0048, 0079) is in a neutral position when the assembly (Fischer - at least 4, 6, 8 and 10; Schadow - 2) is in an approximately central position between two end positions with respect to the housing relative to the longitudinal direction (Schadow – paragraphs 0015, 0070, 0079; Seal 8 circumferentially acts on the assembly 2 and works to “correct seating position in the radial direction” and thus have a default neutral position when the seals radial forces are all acting equally on the assembly when it sits in the center of the seal in contrast to stressed positions when the assembly is pushed longitudinally forward or backward via vibration forces).
Regarding claim 27, Fischer as modified by Schadow above discloses wherein the machine tool is a drill hammer (Fischer – paragraphs 0006, 0008, 0034) or chisel hammer.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer (US 2008/0202785 A1) in view of Schadow (US 2012/0111595 A1) in view of Muller (US Patent 4,236,310).
Regarding claim 16, Fischer as modified by Schadow discloses a flexible element (Schadow - 8 and 9; paragraphs 0048, 0051, 0079), but fails to disclose wherein the flexible element has at least two regions extending substantially in the vertical direction and connected to one another in the longitudinal direction.
However, Muller (fig. 5; or fig. 6; or fig. 8) teaches a seal device with a flexible element (3b; 3c; 3e; col. 4 lines 51-53; col. 8 lines 32-46) wherein the flexible element has at least two regions (25, 25; or near 5c and 6c; 3e near 2e, 3e near 1e) extending substantially in the vertical direction (figs. 5, 6 and 8 – right to left is the comparable vertical direction to that in Fischer and Schadow) and connected to one another (near 22b; near 21c; near 29 or 29’) in the longitudinal direction (figs. 5, 6 and 8 – top to bottom is the comparable longitudinal direction to that in Fischer and Schadow).
Given the teachings of Muller (col. 8 lines 32-49), it would have been obvious to one of ordinary skill in the art before the time of effective filing to modify the seal device and flexible element of Fischer as modified by Schadow above, to have the arrangement as taught by Muller. Both Schadow and Muller are concerned with the problem of vibrationally isolating internal moving elements by using elastic rings which also serve to create a seal that leads to better isolation of vibration from the user. This arrangement allows for a user to adjust the amount of vibration isolation and thrust length provided while making use of gas spring properties.
Regarding claim 17, Fischer as modified by Schadow above discloses a flexible element (Schadow - 8 and 9; paragraphs 0048, 0051, 0079), but fails to disclose wherein the seal device has a U-shaped region in cross section.
However, Muller teaches a seal device (fig. 5 or fig. 8) with a flexible element (3b; 3e; col. 4 lines 51-53; col. 8 lines 32-46) wherein the seal device has a U-shaped region in cross section (fig. 5; fig. 8).
Given the teachings of Muller (col. 8 lines 32-49), it would have been obvious to one of ordinary skill in the art before the time of effective filing to modify the seal device and flexible element of Fischer as modified by Schadow above, to have the arrangement as taught by Muller. Both Schadow and Muller are concerned with the problem of vibrationally isolating internal moving elements by using elastic rings which also serve to create a seal that leads to better isolation of vibration from the user. This arrangement allows for a user to adjust the amount of vibration isolation and thrust length provided while making use of gas spring properties.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Notice of References Cited. The prior art of record generally pertains to vibration isolation elements related to power tools.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW M TECCO whose telephone number is (571)270-3694. The examiner can normally be reached M-F 11a-7p.
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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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/ANDREW M TECCO/ Primary Examiner, Art Unit 3731