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 20 June 2025.
Claims 11-21 are currently pending and being examined.
Drawings
The drawings are objected for the following reasons:
The figures appear to be pixilated and blurry. All lines should be solid, black, and continuous.
The figures and numbers appear to be handwritten. All reference numerals in the figures should be easily readable. Examiner suggest using computer generated figures and numbers.
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.
Claim Objections
Claim 16 is objected to because of the following informalities: Claim 16 recites “both machine planes”, which should read “both of the first and second machine planes”.Appropriate correction is required.
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, 12, 13, and their dependents 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 last line recites “the drive unit” which lacks antecedent basis. Examiner will interpret as “an internal drive unit”, to correspond with the language of claim 15. If Applicant chooses to say “a drive unit” in claim 1, then claim 15 should recite “the drive unit”.
Claim 12 recites “the lower side or the upper side”, which lacks antecedent basis. Examiner will interpret as “a lower side or an upper side”.
Claim 13 recites “the flank side” which lacks antecedent basis. Examiner will interpret as “a flank side”.
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) 11-18 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Seltmann (EP 3875225 A1), reference made to the Espacenet translation provided with this non-final.
Seltmann teaches:
Claim 11: An electric hand tool (1-fig.1) comprising:
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a tool receiver (4-fig.1) for a tool (¶[0023]) arranged along an impact axis (annotated fig.3);
a drive (5-fig.3) for the tool subsequently accommodated in a machine housing (2-fig.1; ¶[0017]);
a handle (3a-fig.1) arranged opposite the tool receiver on the machine housing (see fig.1 showing 3a opposite of 4);
at least one accumulator unit (14-fig.2) detachably fastened to the machine housing for electrical power supply (¶[0031]), at least one housing recess (28-fig.3) extending transversely (C-fig.2) to the impact axis at the machine housing for exchangeable accommodation of the accumulator unit (¶[0031]), the accumulator unit being arranged in such a way that an overall center of gravity with respect to the impact axis in the radial direction lies within a lateral dimension of the drive unit (¶[0037]).
Claim 12: The electric hand tool as recited in claim 11 wherein the housing recess (28-fig.3) is arranged on the upper side of the machine housing (see fig.3 showing 28 on the upper side of the housing).
Claim 13: The electric hand tool as recited in claim 11 wherein the housing recess is arranged on one of the flank sides of the machine housing (see fig.3 showing 28 is on a flank side of the housing when the tool is on rotated 90°).
Claim 14: The electric hand tool as recited in claim 11 wherein the housing recess (26,28-fig.3) extends continuously through the machine housing, such that two recess openings opposite one another are formed (¶[0035]).
Claim 15 (new): The electric hand tool as recited in claim 11 wherein the housing recess is arranged inside the machine housing with respect to the impact axis between the internal drive unit (5-fig.3) and the handle (3-fig.3; see fig.3 showing 28 is between 5 and 3).
Claim 16: The electric hand tool as recited in claim 11 wherein the impact axis extends on a line of intersection of two machine planes (E1 & E2-fig.2) arranged at right angles to one another (¶[0037]), wherein the accumulator unit (14-fig.2) is positioned symmetrically with respect to both machine planes (¶[0013], [0037]).
Claim 17: The electric hand tool as recited in claim 11 wherein the accumulator unit is fastened completely within the housing recess via of a clip mechanism detachable with one hand (¶[0031]; 14 is capable of being detachable to the tool with one hand).
Claim 18: The electric hand tool as recited in claim 11 wherein the drive (5-fig.3) accommodated in the machine housing (2-fig.1) includes an electric motor (¶[0019]) with a downstream impact mechanism (6-fig.3).
Claim 21: An impact hammer (¶[0016]) comprising the electric hand tool as recited in claim 11 (see claim 11 above).
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) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seltmann (EP 3875225 A1), reference made to the Espacenet translation provided with this non-final, in view of McCallops (US 2002/0104666).
Seltmann teaches:
Claim 19: The electric hand tool as recited in claim 11.
Seltmann does not expressly teach the handle is designed in a manner molded directly onto the machine housing.
However, McCallops teaches a handle (63-fig.2) is designed in a manner molded directly onto the machine housing (62-fig.2; ¶[0014]).
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 device of Seltmann, by over-molding a grip surface on a handle, as taught by McCallops, so as the tool is easier to hold on and grip by the user and has the additional benefit of vibration dampening.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seltmann (EP 3875225 A1), reference made to the Espacenet translation provided with this non-final, in view of Rejman (US 2018/0069208).
Seltmann teaches:
Claim 20: The electric hand tool as recited in claim 11.
Seltmann does not expressly teach the accumulator unit has a plastic housing with at least one rechargeable battery cell accommodated therein.
However, Rejman teaches an accumulator unit (100-fig.4) has a plastic housing (600-fig.4; ¶[0041]) with at least one rechargeable battery cell (400-fig.4) accommodated therein (¶[0037],[0041]).
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 device of Seltmann, by using the battery configuration, as taught by Rejman, as a well-known rechargeable battery configuration used in power tools. See figures 2-4 of Seltmann showing that the battery appears to look the exact same as that of Rejman.
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).
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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.
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/KATIE L GERTH/Examiner, Art Unit 3731
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