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 § 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.
Claims 1, 6, and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dudek (US 3,734,515).
Regarding claim 1, Dudek discloses an assembly (Fig. 1, item 10) comprising:
a plurality of drive members (Fig. 3, item 52) (Fig. 4, item 77) (Fig. 5, item 82) (Fig. 6, item 96) (Fig. 7, item 98), each drive member of the plurality of drive members including
a head portion (Fig. 3, item 58) having a plurality of drive surfaces (Col. 2, line 57-Col. 3, line 7) and configured to be coupled to a tool element (Col. 2, line 57-Col. 3, line 7), and
a splined shaft portion (Fig. 3, item 56) extending from the head portion (Col. 2, line 57-Col. 3, line 7),
wherein the head portion of each drive member of the plurality of drive members is a different nominal size (Col. 3, line 37-line 69) than the head portion of each other drive member (Col. 3, line 37-line 69) of the plurality of drive members (Col. 3, line 37-line 69).
Regarding claim 6, Dudek discloses the assembly of claim 1, wherein the plurality of drive surfaces of the head portion form a square drive (Col. 2, line 57-Col. 3, line 7).
Regarding claim 8, Dudek discloses the assembly of claim 1, wherein each drive member of the plurality of drive members includes a pin detent (Col. 3, lines 8-25).
Regarding claim 9, Dudek discloses the assembly of claim 1, wherein the head portion of each drive member of the plurality of drive members is configured to be coupled to a differently sized tool element (Col. 3, lines 25-36).
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.
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.
Claims 2-5, 10-16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Dudek.
Regarding claim 2, Dudek discloses the assembly of claim 1, wherein each drive member of the plurality of drive members is configured to be interchangeably coupled to an anvil member (Fig. 1, item 48) of an impact tool (Fig. 1, item 10) (Col. 2, lines 34-51).
Dudek does not expressly disclose the drive member is coupled to the anvil member for co-rotation with the anvil member. However, Dudek discloses the drive member and anvil member are connected to one another through splines (Dudek, Col. 2, line 57-Col. 3, line 7) and drive member rotates as a result of the connection. Therefore, a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Dudek would understand that the spline connection of Dudek would lead the anvil member and drive member to rotate together (co-rotation).
Regarding claim 3, Dudek discloses the assembly of claim 2, wherein each drive member of the plurality of drive members is able to be locked into the anvil member (Col. 2, line 57-Col. 3, line 7).
Regarding claim 4, Dudek discloses the assembly of claim 3, wherein the splined shaft portion of each drive member of the plurality of drive members is receivable within a splined bore (Fig. 1, item 50) of the anvil member (Col. 2, lines 51-59).
Regarding claim 5, Dudek discloses the assembly of claim 2, wherein the splined shaft portion of each drive member of the plurality of drive members is receivable within a splined bore (Fig. 1, item 50) of the anvil member (Col. 2, lines 51-59).
Regarding claim 10, Dudek discloses a kit (Fig. 1) comprising:
an impact tool (Fig. 1, item 10) including
a housing (Fig. 1, item 12, 14, 16),
a motor (Fig. 1, item 18) supported within the housing (Fig. 1), and
a drive assembly (Fig. 1, item 20, 46, 52) supported within the housing (Col. 2, line 19-line 52) and configured to convert a constant rotational force (Col. 2, line 19-line 52) provided by the motor into a striking rotational force (Col. 2, line 19-line 52), the drive assembly including an anvil member (Fig. 1, item 48) (Col. 2, line 19-line 52); and
the assembly of claim 1 (Fig. 1),
wherein each drive member of the plurality of drive members is configured to be interchangeably coupled to the anvil member (Col. 2, lines 34-51).
Dudek does not expressly disclose the drive member is coupled to the anvil member for co-rotation with the anvil member. However, Dudek discloses the drive member and anvil member are connected to one another through splines (Dudek, Col. 2, line 57-Col. 3, line 7) and drive member rotates as a result of the connection. Therefore, a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Dudek would understand that the spline connection of Dudek would lead the anvil member and drive member to rotate together (co-rotation).
Regarding claim 11, Dudek discloses an impact tool (Fig. 1, item 10) comprising:
a housing (Fig. 1, item 12, 14, 16);
a motor (Fig. 1, item 18) supported within the housing (Fig. 1); and
a drive assembly (Fig. 1, item 20, 45, 48, 52) supported within the housing and configured to convert a constant rotational force (Col. 2, line 19-line 52) provided by the motor into a striking rotational force (Col. 2, line 19-line 52), the drive assembly including a hammer (Fig. 1, item 45) and an anvil assembly (Fig. 1, item 48, 52) configured to rotate about an axis (Fig. 1) (Col. 2, line 19-line 52), the anvil assembly including an anvil member (Fig. 1, item 48, 50) having
a body (Fig. 1, item 48),
an anvil lug (Fig. 1, portion of anvil 48 extends from body 12) extending outwardly from the body (Col. 2, line 57-Col. 3, line 7), the anvil lug configured to be impacted by the hammer (Col. 2, line 19-line 52), and
a bore (Fig. 1, item 50) extending at least partially through the body (Col. 2, lines 51-59), the bore configured to receive a shaft portion (Fig. 3, item 56) of a drive member (Fig. 3, item 52) to couple the drive member (Col. 2, line 19-line 52), the drive member configured for coupling to a tool element (Col. 2, line 57-Col. 3, line 7) to transmit torque from the anvil member to the tool element (Col. 2, line 57-Col. 3, line 7),
wherein the anvil assembly is configurable in a first configuration (Col. 2, line 57-Col. 3, line 7, first configuration is when adapter 52 is coupled to the tool 10) in which the tool element is supported a first distance from the housing (Col. 2, line 57-Col. 3, line 7) and a second configuration (Col. 3, line 37-line 69, second configuration is when another adapter 77, 82, 96 is coupled to the tool 10) in which the tool element is supported a second distance from the housing greater than the first distance (Col. 3, line 37-line 69).
Dudek does not expressly disclose the drive member is coupled to the anvil member for co-rotation with the anvil member. However, Dudek discloses the drive member and anvil member are connected to one another through splines (Dudek, Col. 2, line 57-Col. 3, line 7) and drive member rotates as a result of the connection. Therefore, a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Dudek would understand that the spline connection of Dudek would lead the anvil member and drive member to rotate together (co-rotation).
Regarding claim 12, Dudek discloses the impact tool of claim 11, wherein the drive member includes a retaining member (Fig. 1, item 62) supported by the shaft portion (Fig. 3, item 60) of the drive member (Col. 3, lines 8-25) and configured to retain the drive member in the first configuration (Col. 3, lines 8-25).
Regarding claim 13, Dudek discloses the impact tool of claim 12, wherein the anvil member includes a recess (Fig. 1, item 64) configured to receive the retaining member (Col. 3, lines 8-25).
Regarding claim 14, Dudek discloses a kit (Fig. 1) comprising:
an impact tool (Fig. 1, item 10) including
a housing (Fig. 1, item 12, 14, 16);
a motor (Fig. 1, item 18) supported within the housing (Fig. 1); and
a drive assembly (Fig. 1, item 20, 45, 48, 52) supported within the housing and configured to convert a constant rotational force (Col. 2, line 19-line 52) provided by the motor into a striking rotational force (Col. 2, line 19-line 52), the drive assembly including a hammer (Fig. 1, item 45) and an anvil assembly (Fig. 1, item 48, 52) configured to rotate about an axis (Fig. 1) (Col. 2, line 19-line 52), the anvil assembly including an anvil member (Fig. 1, item 48, 50) having
a body (Fig. 1, item 48),
an anvil lug (Fig. 1, portion of anvil 48 extends from body 12) extending outwardly from the body (Col. 2, line 57-Col. 3, line 7), the anvil lug configured to be impacted by the hammer (Col. 2, line 19-line 52), and
a bore (Fig. 1, item 50) extending at least partially through the body (Col. 2, lines 51-59), and
a plurality of drive members (Fig. 3, item 52) (Fig. 4, item 77) (Fig. 5, item 82) (Fig. 6, item 96) (Fig. 7, item 98), each drive member of the plurality of drive members including
a head portion (Fig. 3, item 58) configured to be coupled to a tool element (Col. 2, line 57-Col. 3, line 7), and
a shaft portion (Fig. 3, item 56) extending from the head portion (Col. 2, line 57-Col. 3, line 7),
wherein each drive member of the plurality of drive members is a different size (Col. 3, line 37-line 69), and
wherein each drive member of the plurality of drive members is configured to be interchangeably inserted (Col. 2, line 57-Col. 3, line 7) (Col. 3, line 37-line 69) into the bore of the anvil member to couple the drive member to the anvil member (Col. 2, line 57-Col. 3, line 7) (Col. 3, line 37-line 69).
Dudek does not expressly disclose the drive member is coupled to the anvil member for co-rotation with the anvil member about the axis. However, Dudek discloses the drive member and anvil member are connected to one another through splines (Dudek, Col. 2, line 57-Col. 3, line 7) and drive member rotates as a result of the connection. Therefore, a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Dudek would understand that the spline connection of Dudek would lead the anvil member and drive member to rotate together (co-rotation).
Regarding claim 15, Dudek discloses the kit of claim 14, wherein the head portion of each drive member of the plurality of drive members defines a square drive interface (Col. 2, line 57-Col. 3, line 7).
Regarding claim 16, Dudek discloses the kit of claim 15, wherein the square drive interface defines a nominal size, wherein the plurality of drive members includes a first drive member (Col. 3, line 25-36), a second drive member (Col. 3, line 25-36), and a third drive member (Col. 3, line 25-36), wherein the nominal size of the first drive member is ⅜ inch (Col. 3, line 25-36), wherein the nominal size of the second drive member is ½ inch (Col. 3, line 25-36).
Dudek does not expressly disclose wherein the nominal size of the third drive member is ¾ inch. However, it would have been an obvious matter of design choice to form the third driver member such that the nominal size is ¾ inch, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 18, Dudek discloses the kit of claim 14, wherein the bore is a splined bore (Fig. 1, item 50) (Col. 2, lines 51-59).
Regarding claim 19, Dudek discloses the kit of claim 14, wherein each drive member of the plurality of drive members includes a pin detent (Fig. 3, item 60) (Col. 3, lines 8-25).
Regarding claim 20, Dudek discloses the kit of claim 14, wherein each drive members of the plurality of drive members has a different length (Col. 3, lines 25-36).
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Dudek in view of Pelt (US 2003/0041704).
Regarding claim 7, Dudek discloses the assembly of claim 1, wherein each drive member of the plurality of drive members includes a ring (Col. 3, lines 8-25).
Dudek does not expressly disclose the ring is a friction ring.
However, Pelt teaches using a friction ring (Pelt, Para. 0003) to secure a drive member to the anvil (Pelt, Para. 0003).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Dudek and Pelt to modify the assembly of Dudek to invlude the friction ring of Pelt. A person of ordinary skill in the art would have been motivated to make such change in order to retain the tool head on the anvil and provide an air seal between the anvil and the tool head (Pelt, Para. 0003).
Regarding claim 17, Dudek discloses the kit of claim 16, wherein each of the first drive member, the second drive member, and the third drive member includes a ring (Col. 3, lines 8-25).
Dudek does not expressly disclose the ring is a friction ring.
However, Pelt teaches using a friction ring (Pelt, Para. 0003) to secure a drive member to the anvil (Pelt, Para. 0003).
It would have been obvious to a person of ordinary skill in the art at the effective filing date of the invention having the teachings of Dudek and Pelt to modify the assembly of Dudek to invlude the friction ring of Pelt. A person of ordinary skill in the art would have been motivated to make such change in order to retain the tool head on the anvil and provide an air seal between the anvil and the tool head (Pelt, Para. 0003).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA MARTIN whose telephone number is (571)272-3541. The examiner can normally be reached Monday-Thursday 8:00-6:00.
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/VERONICA MARTIN/Primary Examiner, Art Unit 3731