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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: a boat for supporting the display screen. While the term is not generally used in this fashion, paragraph [0045] provides an alternative device in this instance, a “carrier”.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1, 7, 14 and all subsequent dependent claims 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.
Regarding claims 1, 7, and 14, the claim limitation “a boat for supporting the display screen” renders the claim indefinite. Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “boat” in claims 1, 7, and 14 is used by the claim to mean “support structure” while the accepted meaning is a vessel for travel on the water and/or a boat shaped container, such as a gravy boat. The term is indefinite because the specification does not clearly redefine the term. In the interest of compact prosecution, the Examiner will interpret this imitation to include a carrier device.
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 1-2, 4-9, and 11-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zou, US 20240157525.
Regarding claim 1, Zou discloses: A mechanical pulse impact power tool (Fig. 1, impact wrench 100), comprising:
a tool housing (Fig. 1, housing 11);
a display assembly (Figs. 1-2, human-computer interaction assembly 17) housed within the tool housing, the display assembly including
a display screen (Figs. 8-17, display 171) for displaying graphical information about the operation of the mechanical pulse impact power tool,
a printed circuit board (Figs. 7-17, second circuit board 192) operatively coupled to the display screen, the printed circuit board having a first side proximate to the display screen and a second side opposite the first side (see Figs. 7-14), the second side of the printed circuit board including control circuitry for the display screen (see Figs. 7-14),
a rigid spacer (Figs. 13-14, fixing portion 182, specifically connecting portions 1822/1823) between the display screen and the printed circuit board for spacing the display screen apart from the printed circuit board, the rigid spacer defining a plurality of cavities for receiving potting material ([0090] “As shown in FIGS. 12 to 14, in this example, the second circuit board 192 is disposed at the rear end of the display 171. That is, the back of the display 171 is connected to the second circuit board 192, and the back of the display 171 is a non-display surface. The back of the display 171 is fixedly connected to the second circuit board 192. In this example, a cushion is disposed between the back of the display 171 and the second circuit board 192, and an FPC board is disposed on the side surface of the display 171 and connected to the second circuit board 192. The side surface of the display 171 and the second circuit board 192 are sealed or fixed through glue filling.”),
a boat (Fig. 8, second cover 181) for supporting the display screen, the printed circuit board, and the rigid spacer, the boat peripherally surrounding the display screen, the printed circuit board, and the rigid spacer, the boat defining an aperture (Figs. 9-10, display portion 1812) therethrough for providing visibility to the display screen,
an elastomeric gasket ([0094] “A sealing member 1813 is disposed between the periphery of the opening 1821 and the display module or between the first body 181a and the display module. The sealing member 1813 is elastically deformable. The sealing member 1813 is annular or overall annular. The sealing member 1813 is made of a cushioning material. The material forming the sealing member may be polyurethane foam rubber. The sealing member 1813 also functions as a buffer component that absorbs shocks applied to the display 171”, further the construct that forms the buttons 1721, 1722, and 1723)) seated between the printed circuit board and the boat for isolating the display screen;
and a protective cover for shielding the display screen, the protective cover disposed on an outside of the tool housing and offset from the display screen to provide a gap between the display screen and the protective cover ([0095] “As shown in FIG. 9, the protective sleeve 181b is formed on or connected to the outer side of the first body 181a. The protective sleeve 181b forms an opening at the position of the display portion 1812 and the input portion 172, which is convenient for the user to view and operate. The protective cover 181b has a good appearance and a protective effect. The protective sleeve 181b and the first body 181a are connected or integrally injection-molded. Alternatively, the protective cover 181b is made of an elastic material and is sleeved on or embedded into the first body 181a by elastic deformation.”).
Regarding claim 2, Zou further discloses: the display screen is a color, high-resolution display screen ([0085], “The display 171 may be, for example, an LCD, an LED display, a display including the OLEDs, or an organic EL display.”).
Regarding claim 4, Zou further discloses: a plurality of buttons (Fig. 9, input portion 172) for receiving operator input to the mechanical pulse impact power tool.
Regarding claim 5, Zou further discloses: the plurality of buttons is integrally formed with the elastomeric gasket (Fig. 9, input portion 172).
Regarding claim 6, Zou further discloses: the printed circuit board includes a plurality of switches on the first side of the printed circuit board mechanically coupled with the plurality of buttons (see Fig. 9).
Regarding claim 7, Zou further discloses: A power tool (Fig. 1, impact wrench 100) comprising: housing (Fig. 1, housing 11) having a working end and a side separate from the working end (see Fig. 1);
user interface supported by the housing and positioned on the side of the housing, the user interface including a display screen; and
display assembly (Figs. 1-2, human-computer interaction assembly 17) housed within the housing, the display assembly including a display screen (Figs. 8-17, display 171) for displaying graphical information about the operation of the power tool,
a printed circuit board (Figs. 7-17, second circuit board 192) operatively coupled to the display screen, the printed circuit board having a first side proximate to the display screen and a second side opposite the first side (see Figs. 7-14), the second side of the printed circuit board including control circuitry for the display screen (see Figs. 7-14),
a rigid spacer (Figs. 13-14, fixing portion 182, specifically connecting portions 1822/1823) between the display screen and the printed circuit board for spacing the display screen apart from the printed circuit board, the rigid spacer defining a plurality of cavities for receiving potting material ([0090]),
a boat (Fig. 8, second cover 181) for supporting the display screen, the printed circuit board, and the rigid spacer, the boat peripherally surrounding the display screen, the printed circuit board, and the rigid spacer, the boat defining an aperture (Figs. 9-10, display portion 1812) therethrough for providing visibility to the display screen, and
an elastomeric gasket ([0094]) seated between the printed circuit board and the boat for isolating the display screen.
Regarding claim 8, Zou further discloses: a protective cover for shielding the display screen, the protective cover disposed on an outside of the housing and offset from the display screen to provide a gap between the display screen and the protective cover ([0095]).
Regarding claim 9, Zou further discloses: the display screen is a color, high-resolution display screen ([0085], “The display 171 may be, for example, an LCD, an LED display, a display including the OLEDs, or an organic EL display.”).
Regarding claim 11, Zou further discloses: a plurality of buttons (Fig. 9, input portion 172) for receiving operator input to the mechanical pulse impact power tool.
Regarding claim 12, Zou further discloses: the plurality of buttons is integrally formed with the elastomeric gasket (Fig. 9, input portion 172).
Regarding claim 13, Zou further discloses: the printed circuit board includes a plurality of switches on the first side of the printed circuit board mechanically coupled with the plurality of buttons (see Fig. 9).
Regarding claim 14, Zou further discloses: A mechanical pulse impact power tool (Fig. 1, impact wrench 100), comprising:
a tool housing (Fig. 1, housing 11); and
a display assembly (Figs. 1-2, human-computer interaction assembly 17) housed within the tool housing, the display assembly including a display screen (Figs. 8-17, display 171) for displaying graphical information about the operation of the mechanical pulse impact power tool,
a printed circuit board (Figs. 7-17, second circuit board 192) operatively coupled to the display screen, the printed circuit board having a first side proximate to the display screen and a second side opposite the first side, the second side of the printed circuit board including control circuitry for the display screen,
a rigid spacer (Figs. 13-14, fixing portion 182, specifically connecting portions 1822/1823) between the display screen and the printed circuit board for spacing the display screen apart from the printed circuit board, the rigid spacer defining a plurality of cavities for receiving potting material,
a boat (Fig. 8, second cover 181) for supporting the display screen, the printed circuit board, and the rigid spacer, the boat peripherally surrounding the display screen, the printed circuit board, and the rigid spacer, the boat defining an aperture (Figs. 9-10, display portion 1812) therethrough for providing visibility to the display screen,
an elastomeric gasket ([0094]) seated between the printed circuit board and the boat for isolating the display screen.
Regarding claim 15, Zou further discloses: a protective cover for shielding the display screen, the protective cover disposed on an outside of the housing and offset from the display screen to provide a gap between the display screen and the protective cover ([0095]).
Regarding claim 16, Zou further discloses: the display screen is a color, high-resolution display screen ([0085], “The display 171 may be, for example, an LCD, an LED display, a display including the OLEDs, or an organic EL display.”).
Regarding claim 18, Zou further discloses: a plurality of buttons (Fig. 9, input portion 172) for receiving operator input to the mechanical pulse impact power tool.
Regarding claim 19, Zou further discloses: the plurality of buttons is integrally formed with the elastomeric gasket (Fig. 9, input portion 172).
Regarding claim 20, Zou further discloses: the printed circuit board includes a plurality of switches on the first side of the printed circuit board mechanically coupled with the plurality of buttons (see Fig. 9).
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.
Claims 3, 10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zou.
Regarding claims 3, 10 and 17, Zou further discloses: the display screen is connected to the control circuitry by a ribbon cable (Figs. 13-14 clearly show a ribbon cable exiting the display screen).
Zou does not explicitly disclose: a ribbon cable that wraps around the rigid spacer.
The use of a ribbon cable that explicitly wraps around the rigid spacer is a design choice of the current application, since the Applicant has not disclosed that this features solves any particular problem or serves any critical purpose.
Claims 3, 10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Zou. In view of Chellew, US 20140008088.
Regarding claims 3, 10 and 17, Zou further discloses: the display screen is connected to the control circuitry by a ribbon cable (Figs. 13-14 clearly show a ribbon cable exiting the display screen).
Zou does not explicitly disclose: a ribbon cable that wraps around the rigid spacer.
Chellew teaches: a ribbon cable (Fig. 4, The display device 82 can include a ribbon cable 82B) that wraps around (see Figs. 6-7) the rigid spacer (Fig. 4, subframe member 120).
Therefore it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to utilize the structure as taught by Chellew in combination with the device of Zou, thereby combining prior art elements to achieve a particular result. This alteration represents a simple subtituion of one rigid spacer design and location for another.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL JEREMY LEEDS whose telephone number is (571)272-2095. The examiner can normally be reached Mon-Thurs, 0730-1730.
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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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/DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731