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 documents received on April 28, 2025.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claims 1-3 and 10-19 are rejected under 35 U.S.C. 103 as being unpatentable over KUEHNE (US 9,481,080) in view of TOMAYKO et al. (US 8,251,158).
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Diagram I
In reference to claims 1 and 15, KUEHNE discloses a power tool comprising: motor 14 comprising a stator and a rotor having a rotational axis; an output part 92 driven by the motor 14, the output part extends forward of the motor in a front-rear direction that is co-linear with the rotational axis of the motor (figure 2); a speed-reducing mechanism 106 driven by the output part 92 to rotate at a rotational speed that is lower than a rotational speed of the rotor of the motor 14; a gear shifting manipulation part 300 configured to move within a movable range 58 between two speed positions correlating to at least three gear-shift stages (column 4 lines 16-22; see Diagram I above) of the speed-reducing mechanism 106; a position-holding part 302 configured to impart a position-holding force to the gear shifting manipulation part 108, wherein the position holding force at an intermediate speed position (figure 9) between a first and second end-portion of the movable range is greater than a position holding force at the first and second end portion of the movable range (column 7 line 66- column 8 line 31). KUEHNE does not disclose a third speed position.
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Diagram II
TOMAYKO et al. teaches a power tool comprising: a motor comprising a stator and a rotor having a rotational axis; an output part 58 driven by the motor 14, the output part 58 extends forward of the motor 14 in a front-rear direction that is co-linear with the rotational axis of the motor (figure 2); a speed-reducing mechanism 100 driven by the output part 58 to rotate at a rotational speed that is lower than a rotational speed of the rotor of the motor 14; a gear shifting manipulation part 310 configured to move within a movable range (figure 10) between three speed positions correlating to at least three gear-shift stages (column 15 lines 35-67) of the speed-reducing mechanism 100; a position-holding part 360 configured to impart a position-holding force to the gear shifting manipulation part 108 in a first and second end position at opposite ends of a movable range of the gear shifting manipulation part (see Diagram II below). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the gear shifting manipulation part of KUEHNE to include a second end speed position having a position-holding force equivalent to the first end speed position at a second end of the gear shifting movable range since TOMAYKO et al. suggests such a modification allows for a third speed operating the power tool (see modification of KEUHNE in Diagram III below).
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Diagram III
Regarding claim 2, KUEHNE further discloses the gear-shifting manipulation part 300 having a protruding portion 314 that engages a groove of the position holding part 302 to generate the position holding force.
With respect to claim 3, figure 9 of KUEHNE as modified in view of TOMAYKO et al. as indicated in Diagram III above discloses the position holding part 302 having a first groove at the first end speed position, a second groove portion at the intermediate speed position, and a third groove at the second end portion speed position, the second groove at the intermediate speed position having a different shape than the first and third grooves.
In reference to claim 10, figures 5 and 9 of KUEHNE discloses a housing 32 that holds (figure 1) the gear-shifting manipulation part 300 in a movable manner; wherein the position holding part 302 is located on the housing 32 and provides at least one slide surface for the gear-shifting manipulation part 300.
Regarding claim 11, figures 8 and 9 of KUEHNE further disclose the gear-shifting manipulation part 302 to having a movable member 322 that moves to each of the speed positions; and an elastic member 334 which is held by the movable member and contacts the slide surface of the position holding part.
With respect to claims 12 and 13, figure 9 of KUEHNE further discloses the gear-shifting manipulation part 300 to slide within the movable range of the power tool along a straight-line extending in the front-rear direction.
In reference to claim 14, figure 2 of KUEHNE further discloses the speed-reducing mechanism 106 includes a gear mechanism 240 that is operably coupled (column 7 line 66- column 8 line 15) to the gear shifting manipulation part 300; and the speed-reducing mechanism 106 is configured to provide three or more speed reduction ratios as claimed (column 4 lines 16-22).
Regarding claim 16, KUEHNE further discloses the output part to include a chuck 20 mounted on a spindle 22 for the purpose of holding a tool accessory.
With respect to claim 17, figures 5 and 9 of KUEHNE discloses a housing 32 that holds (figure 1) the gear-shifting manipulation part 300 in a movable manner; wherein the position holding part 302 is an elastic member (i.e. spring) located on the housing 32 and provides at least one slide surface for the gear-shifting manipulation part 300.
In reference to claim 18, KUEHNE discloses a power tool comprising: motor 14 comprising a stator and a rotor having a rotational axis; an output part 92 driven by the motor 14, the output part extends forward of the motor in a front-rear direction that is co-linear with the rotational axis of the motor (figure 2); a speed-reducing mechanism 106 driven by the output part 92 to rotate at a rotational speed that is lower than a rotational speed of the rotor of the motor 14; a gear shifting manipulation part 300 configured to move within a movable range 58 between two speed positions correlating to at least three gear-shift stages (column 4 lines 16-22; see Diagram I above) of the speed-reducing mechanism 106; a housing 32 that holds (figure 9) the gear shifting manipulation part 300 in a movable manner, the housing having a pair of slide surfaces 302 configured to impart a position-holding force to the gear shifting manipulation part 108, wherein the position holding force at an intermediate speed position (see Diagram I above) between a first and second end-portion of the movable range is greater than a position holding force at the first and second end portion of the movable range (column 7 line 66- column 8 line 31). KUEHNE does not disclose a third speed position.
TOMAYKO et al. teaches a power tool comprising: a motor comprising a stator and a rotor having a rotational axis; an output part 58 driven by the motor 14, the output part 58 extends forward of the motor 14 in a front-rear direction that is co-linear with the rotational axis of the motor (figure 2); a speed-reducing mechanism 100 driven by the output part 58 to rotate at a rotational speed that is lower than a rotational speed of the rotor of the motor 14; a gear shifting manipulation part 310 configured to move within a movable range (figure 10) between three speed positions correlating to at least three gear-shift stages (column 15 lines 35-67) of the speed-reducing mechanism 100; a position-holding part 360 configured to impart a position-holding force to the gear shifting manipulation part 108 in a first and second end position at opposite ends of a movable range of the gear shifting manipulation part (see Diagram II below). It would have been obvious to one having ordinary skill in the art at the time of filing the invention to have modified the gear shifting manipulation part of KUEHNE to include a second end speed position having a position-holding force equivalent to the first end speed position at a second end of the gear shifting movable range since TOMAYKO et al. suggests such a modification allows for a third speed operating the power tool (see modification of KEUHNE in Diagram III above).
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Diagram IV
Allowable Subject Matter
Claims 4-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 20 is allowable.
The following is a statement of reasons for the indication of allowable subject matter: Upon examination, the art considered as a whole, alone or in combination, neither anticipated nor renders obvious the claimed power tool comprising a gear shifting manipulation part having protrusions that engage a plurality of grooves of a housing movably supporting the gear shifting manipulation part, a first pair of grooves of the plurality of grooves corresponding to a first gear shift stage of a speed reducing mechanism, a second pair of grooves corresponding to a second gear shift stage of the speed reducing mechanism, and a third pair of grooves corresponding to a third gear shift stage of the speed reducing mechanism; the second pair of grooves having an inclined surface that is of a larger inclination angle than an inclination angle of the first and third pairs of grooves for the purpose of exerting a lower force against the gear shifting manipulation part when the protrusions are in the first and third pairs of grooves, thereby reducing the likelihood that the gear shifting mechanism will switch from second gear shift stage unintentionally.
The prior art is found to disclose gear shifting manipulation parts that move between gear shift stages; however, the detents or grooves are not disclosed nor suggested to have a varying inclined surfaces as claimed. Thus, it is Examiner’s opinion that it would not have been obvious to one having ordinary skill in the art at the time of the invention to combine or modify the prior art in order to arrive at Applicant's invention as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the attached PTO-892 for a notice of references cited and recommended for consideration based on their disclosure of limitations related to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA R WEEKS whose telephone number is (571)272-4473. The examiner can normally be reached M-F 8am-2pm & 5pm-7pm EST.
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/GLORIA R WEEKS/Primary Examiner, Art Unit 3731
February 11, 2026