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 action is in response to the application filed on 05/19/25.
Claims 1-10 have been canceled. New claims 11-20 are pending and have been examined.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/21/25 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 11-20 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.
Claim 11 recites that the auxiliary support part is provided “with a fall cushion”. Thereafter, recites “the auxiliary support part capable of compressive deformation along the handle axis”. It is unclear whether the claimed “compressive deformation” required deformation of the auxiliary support part itself, deformation of the fall cushion, relative movement of the auxiliary support part by the fall cushion, or aby other combination.
Regarding claim 16, the limitation of “not exceed 3% - 25% of a length of the auxiliary support part” renders the claim indefinite in that it is unclear whether the length is required to be within a range of 3% to 25%, whether it must not exceed 25%, whether it must not exceed some unspecified value selected from the range of 3% to 25%, or whether another relationship is intended. It appears that the intended limitation would instead be “does not exceed 25% of …”
In claim 18, the limitation of “the core shaft” lacks antecedent basis.
Regarding claim 19, the limitation of “the fall cushion is arranged at a side of the auxiliary support part at the base” renders the claim indefinite in that it is unclear whether the fall cushion is located at the base, adjacent the base, on a base facing side or at another location.
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) 11 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gregorich (8,966,773).
Regarding claim 11, Gregorich discloses a handheld electric tool comprising: a main housing (20) having a lower part; a drive motor (60) installed in the main housing; a D-shaped handle (25) extending from the lower part of the main housing, the D-shaped handle including a gripping part (95) for a hand of user and an auxiliary support part (102, 104) located at a front side of the gripping part and extending along a handle axis, a bottom of the D-shaped handle having a base for installing a battery pack (30; Fig. 2), the auxiliary support part being provided with a fall cushion (125), the auxiliary support part capable of compressive deformation along the handle axis (col. 3, lines 13-67; and col. 4, lines 1-30).
Regarding claim 20, Gregorich discloses wherein the electric tool is an impact wrench.
Allowable Subject Matter
Claims 12-20 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. The prior art does not disclose or make obvious the claimed combination including the following features:
Regarding claim 12, the prior art of record either alone or in combination fails to teach or suggest the claimed handheld electric tool wherein the auxiliary support part includes a first part adjoining the main housing and a second part adjoining the base, the fall cushion being fitted between the first part and the second part.
Although the prior art teaches handheld electric tools having D-shaped handles, battery-supporting bases, and resilient or vibration-damping members, the prior art does not teach or suggest the particular claimed arrangement in which the auxiliary support part extending between the gripping part and the base is divided into a first part adjoining the main housing and a second part adjoining the base, with the fall cushion fitted between these first and second parts, such that the auxiliary support part is capable of compressive deformation along the handle axis.
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.”
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.
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, 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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