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 14 July 2025.
Claims 12-23 are currently pending and being examined.
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) 12-16, 19-21, and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshikane (US 2022/0055198).
Yoshikane teaches:
Claim 12: A hand-held impact power tool (1-fig.1) comprising:
an electric motor drive (2-fig.4) for generating a rotary drive movement (¶[0035]), the electric motor drive converting a subsequent impact mechanism (37-fig.2) into an alternating linear impact movement (¶[0046]) impacting a percussion drill or chisel hammer releasably locked in a subsequent tool receiver (¶[0035]);
a housing assembly (11-fig.1) composed of an outer housing (12-fig.1) with a handle and a base housing (13-fig.1) resiliently mounted in an impact force direction, the base housing (15-fig.1) for accommodating at least the impact mechanism (¶[0052]);
an electronic control unit (¶[0073]) for pressing force-adapted power regulation of the electric motor drive based on a current pressing force determined by a sensor (458-fig.11) on the percussion drill or chisel hammer when machining a workpiece (¶[0112]-[0136]);
the sensor (458-fig.11) being arranged on an electronic circuit board (459-fig.10) at least partially forming the electronic control unit (¶[0073]), the sensor (458-fig.11) being accommodated within the outer housing (¶[0112]-[0116]) so that the sensor is positioned adjacent to a detector (456-fig.11) arranged on a side of the base housing (¶[0108]-[0110]).
Claim 13: The hand-held impact power tool as recited in claim 12 wherein the electronic circuit board (459-fig.10) with the sensor is arranged in an upper side of the outer housing so that the electronic circuit board runs parallel to but spaced from an impact axis (see fig. 10 showing 459 is on the upper side of the housing 15 and runs parallel to the impact axis).
Claim 14: The hand-held impact power tool as recited in claim 12 wherein the electronic circuit board (459-fig.10) with the sensor is arranged in or on an intermediate space between the base housing and the outer housing so that the electronic circuit board runs transversely to an impact axis (¶[0108]-[0110]; see fig.6 showing 459 located within in an intermediate space between the housings).
Claim 15: The hand-held impact power tool as recited in claim 12 wherein the electronic circuit board (459-fig.10) with the sensor is arranged on an underside of the outer housing so that the electronic circuit board runs parallel to but spaced from an impact axis (see fig.6 showing 459 arranged on an underside of 15 and running parallel to the impact axis).
Claim 16: The hand-held impact power tool as recited in claim 12 wherein the electronic circuit board (459-fig.10) with the sensor is arranged on one of two flank sides of the outer housing running between the upper side and the underside in such a way that the electronic circuit board runs parallel to but spaced from an impact axis (see fig.6 showing 459 arranged on a flank side of 15 and running parallel to the impact axis).
Claim 19: The hand-held impact power tool as recited in claim 12 wherein the electric motor drive (2-fig.2) is accommodated in the base housing (see fig.2 showing 2 located within housing 15).
Claim 20: The hand-held impact power tool as recited in claim 12 wherein a logic element of the electronic control unit (¶[0068],[0073]) is arranged on the electronic circuit board (459-fig.1) and a power unit is accommodated outside of the electronic circuit board in the outer housing or in the base housing (93-fig.2; ¶[0069]).
Claim 21: The hand-held impact power tool as recited in claim 12 wherein the electronic control unit is arranged completely on the electronic circuit board of the outer housing (¶[0073]).
Claim 23: A hammer drill or chisel hammer (1-fig.1; ¶[0138]) comprising the hand-held impact power tool as recited in claim 12 (see claim 12 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) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshikane (US 2022/0055198) in view of Geiger (US 2021/0339372).
Yoshikane teaches:
Claim 17: The hand-held impact power tool as recited in claim 12.
Yoshikane does not expressly teach the sensor is designed as a 3D magnetic field sensor and the detector is designed as a permanent magnet.
However, Geiger teaches a sensor (16-fig.1) is designed as a 3D magnetic field sensor and the detector is designed as a permanent magnet (¶[0033]-[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 device of Yoshikane, by making the sensor a 3D magnetic field sensor, as taught by Geiger, to increase the accuracy of the sensor. (Geiger ¶[0035])
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshikane (US 2022/0055198) in view of Nitsche (US 2015/0158170).
Yoshikane teaches:
Claim 18: The hand-held impact power tool as recited in claim 12, wherein the sensor in accommodated in the base housing (see fig.6 showing 459 in the housing 15).
Yoshikane does not expressly teach the sensor is designed as an inductive sensor and the detector is formed by a component structure.
However, Nitsche teaches a sensor (38a-fig.1) is designed as an inductive sensor (¶[0037]) and the detector (60a-fig.1) is formed by a component structure (¶[0037]).
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 Yoshikane, by having the sensor be an inductive sensor, as taught by Nitsche, as a well-known alternative and equivalent type of sensor used in power tools to detect differences in positions between the elements.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshikane (US 2022/0055198) in view of Herr (US 2022/0337122).
Yoshikane teaches:
Claim 22: The hand-held impact power tool as recited in claim 12.
Yoshikane does not expressly teach the sensor is fixedly attached to the electronic circuit board by soldering.
However, Herr teaches a sensor is fixedly attached to the electronic circuit board by soldering (¶[0047]).
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 Yoshikane, by soldering the sensor to the circuit board, as taught by Herr, as a well-known and conventional method of attaching circuit elements to a circuit board.
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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