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 .
Election/Restrictions
Applicant’s election without traverse of Species I, Claims 1-10, in the reply filed on 06/26/2026 is acknowledged. Claims 11-22 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/26/2026.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “13” has been used to designate both the housing second end and the electrical contacts disposed on the tool housing first end. 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. 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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the phrase “at least one of electrically connected to the controller, electrically connected to the power supply, and mechanically connected to the motor output shaft” is not found in the specification. However, the specification does recite: “The electrical contacts 13 are electrically connected to the electric circuit 20 and are used to provide electrical connections between components of the electric circuit 20 and the attachments 16 that are mechanically connected to the rotary power tool 1 [00099]... some attachments 16 including, but not limited to, nose caps 100, router plunge attachments 150, cutting guides 130, and others (some described below) enhance the ability of a user to operate the rotary power tool 1, it is desirable to provide increased functionality to the attachments 16 to enhance tool speed control, workpiece illumination, tool stability and other properties that facilitate tool use and improve user experience” [000100]. The specification does generally support an electrical connection with some attachments but does not clearly support what the electrical connection entails and if electrically connected to the power supply is clearly supported. Also, not all attachments are mechanically connected to the motor output shaft.
Phrases structured as “at least one of A, B, and C” are generally interpreted as a Markush group with a conjunctive interpretation meaning at least one of A, at least one of B, and at least one of C, unless the specification indicates otherwise. In this case it appears only one is required (electrically connected to the controller, OR electrically connected to the power supply OR mechanically connected) since the specification is silent with all three connections required.
Claim Objections
Claim 1 is objected to because of the following informalities: In claim 1, the phrase “at least one of electrically connected to the controller, electrically connected to the power supply, and mechanically connected to the motor output shaft” tends toward confusion as to whether all three types of connections are required. See specification objection above. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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 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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rubens et al. (US 20180056496 A1).
Regarding claims 1-2, Rubens et al. discloses a hand-held rotary power tool assembly (figs. 1-10) comprising: a hand-held rotary power tool (10) including a power supply (20), a tool housing (12/14), a motor (54) disposed in the tool housing, the motor including a motor output shaft (48, [0026]) that is configured to be mechanically connected to an accessory (52 [0025-0028], fig. 1-10); and a controller (18) disposed in the tool housing (base 12), the controller configured to control a speed of the motor [0026-0029]; and
an attachment (head units 14a, 14b, 14c, 14d [0028]) that are configured to be connected to the tool housing, the attachment configured to be at least one of electrically connected to the controller (44 conductive electrical power input to output 32 to connect to controller and battery/power supply, [0020-0024], electrically connected to the power supply (20 [0020-0024, 0031]) and mechanically connected to the motor output shaft (attachment structures 38, 40 and couples to input shaft [0023-0026]) and comprising the accessory (242 is mechanically attached along with either 102 or 118 which is electrically connected). Rubens et al. also teaches attaching other electronic members such as phones and tablets [0035]).
Claim Rejections - 35 USC § 102/103
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vasudeva et al. (US 20050200087 A1) or, in the alternative, under 35 U.S.C. 103 as obvious over Vasudeva et al. (US 20050200087 A1) in view of BILLINGS et al. (US 20180161951 A1) and further in view of Rubens et al. (US 20180056496 A1).
Regarding claims 1-2, Vasudeva et al. discloses a hand-held rotary power tool assembly (figs. 1-8) comprising: a hand-held rotary power tool (10) including a power supply (260, fig. 25), a tool housing (12), a motor disposed in the tool housing [0057-0059, 0074-0075, 0105], the motor including a motor output shaft (32) that is configured to be mechanically connected to an accessory (50/76/206/242, [0059-0063], fig. 1-3, 18, and 20); and a controller (speed adjustment button 18/electronic circuit) disposed in the tool housing, the controller configured to control a speed of the motor [0057, 0075]; and
an attachment (102 or 118 and/or 240) that is configured to be connected to the tool housing, the attachment configured to be at least one of electrically connected to the controller (106/108 with trigger control 112 connection, and/or connect means 42 - electrically conductive contacts on underside that connect to electrically conductive contacts 122- electric circuit between the attachment 118 and the rotary tool 10), electrically connected to the power supply [0074-0077], and mechanically connected to the motor output shaft and comprising the accessory (242 is mechanically attached along with either 102 or 118 which is electrically connected). Vasudeva et al. also teaches the lights can be attached to any attachment member [0003, 0078, 0117]
In the alternative, if it can be argued that Vasudeva et al. fails to disclose having the attachment configured to be at least one of electrically connected to the controller, electrically connected to the power supply, and mechanically connected to the motor output shaft -
BILLINGS et al. teaches power tool (10) having an attachment (light unit 30/830/930/1030/1130/1230) configured to be at least one of electrically connected to a controller (PCB 40/processor 46 and sensor 56/Hall sensor 58 electrically connected with trigger 20), electrically connected to a power supply (50), and mechanically connected to the motor output shaft (annular portion 34 receivable over the nose portion 17 with opening 36 over output shaft 19 and teaches other detent mechanical connections such as bayonet-style attachment for lights 830/1030, projections in slots for 930, [0047-0057], figs. 12-) and comprising an accessory (lights of units 30/830/930/1030/1130/1230and/or tool bit [0034-0039]).
Rubens et al. also teaches a hand-held rotary power tool assembly (figs. 1-10) comprising: a hand-held rotary power tool (10) including a power supply (20), a tool housing (12/14), a motor (54) disposed in the tool housing, the motor including a motor output shaft (48, [0026]) that is configured to be mechanically connected to an accessory (52 [0025-0028], fig. 1-10); and a controller (18) disposed in the tool housing (base 12), the controller configured to control a speed of the motor [0026-0029]; and
an attachment (head units 14a, 14b, 14c, 14d [0028]) that are configured to be connected to the tool housing, the attachment configured to be at least one of electrically connected to the controller (44 conductive electrical power input to output 32 to connect to controller and battery/power supply, [0020-0024], electrically connected to the power supply (20 [0020-0024, 0031]) and mechanically connected to the motor output shaft (attachment structures 38, 40 and couples to input shaft [0023-0026]) and comprising the accessory (242 is mechanically attached along with either 102 or 118 which is electrically connected). Rubens et al. also teaches attaching other electronic members such as phones and tablets [0035]).
Given the teachings of Vasudeva et al. to have a hand-held rotary power tool assembly with different attachments with different accessories, it 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 to modify the attachment connection(s) with having the attachment configured to be at least one of electrically connected to the controller, electrically connected to the power supply, and mechanically connected to the motor output shaft for having illuminating lights on an attachment, powering sensors for feedback, and/or electronic control to have precise adjustment of speed/torque for more precise operation of the tool and more precise action on a workpiece (avoid overshoot/damage to the workpiece) and/or for powering the attachment as taught by BILLINGS et al. and Rubens et al.
Regarding claim 3, Vasudeva et al. discloses the attachment is a flex shaft attachment (240), the flex shaft attachment comprising a shaft body having a first end that is detachably connected to the tool housing and a second end opposed to the first end, the second end comprising a handpiece configured to be held in a hand of a user (fig. 2); and an internal rotation transmission wire having a proximal end that is connected to the spindle and a distal end supported on the handpiece (fig. 20), the rotation transmission wire transmitting a rotational output of the motor output shaft to the rotation transmission wire distal end, the rotation transmission wire distal end configured to be connected to an accessory (fig. 20), and wherein the handpiece includes a speed selection device (18 [0027], figs. 1 and 5-15), the speed selection device is electrically connected to the controller, and the controller controls a speed of the motor based on an output signal from the speed selection device ([0027, 0075, 0092, 0102, 0120], figs. 1-20).
Regarding claim 4, Vasudeva et al. discloses the output signal comprises a first output signal or a second output signal, the speed selection device is a button switch configured so that when the button switch is not actuated, the first output signal is sent to the controller and based on the first output signal the controller maintains a current speed of the motor, and when the button switch is actuated, the second output signal is sent to the controller and the controller increases a speed of the motor by a predetermined amount (figs. 1 and 5-15 show the different speed selections of speed adjustment button 18, [0027, 0075, 0092, 0102, 0120], figs. 1-20).
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as obvious over Vasudeva et al. (US 20050200087 A1) in view of Gaddis et al. (US 20200368892 A1) OR in the alternative Vasudeva et al. (US 20050200087 A1) in view of BILLINGS et al. (US 20180161951 A1) in view of Rubens et al. (US 20180056496 A1) and further in view of Gaddis et al. (US 20200368892 A1).
Regarding claims 5-6, Vasudeva et al. teaches having a speed selection device (18 [0027, 0075, 0092, 0102, 0120], figs. 1 and 5-15) but fails to disclose the speed selection device is a rotary switch, the output signal corresponds to an angular position of the rotary switch and the controller adjusts a speed of the motor based on the output signal, wherein the handpiece comprises an on-off switch that is electrically connected to the controller and is configured to control the supply of power to the motor
Gaddis et al. teaches a rotary tool assembly (10/310) with a flexible shaft (58/512) having a bit holder assembly (62), having a speed selection device (90/390) that is a rotary switch, the output signal corresponds to an angular position of the rotary switch and the controller adjusts a speed of the motor based on the output signal, wherein the handpiece comprises an on-off switch (power switch 86 and/or spindle lock switch assembly 522) that is electrically connected to a controller and is configured to control the supply of power to the motor [0026, 0039-0041, 0048-0052].
Given the teachings of Vasudeva et al./modified Vasudeva et al. to have a hand-held rotary power tool assembly with different attachments with different accessories and a speed selection device, it 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 to modify the speed selection device to have a rotary switch, the output signal corresponds to an angular position of the rotary switch and the controller adjusts a speed of the motor based on the output signal to have precise adjustment of speed/torque for more precise operation of the tool and more precise action on a workpiece (avoid overshoot/damage to the workpiece) and/or for adjusting speed ergonomically as taught by Gaddis et al.
Claim(s) 5-10 is/are rejected under 35 U.S.C. 103 as obvious over Vasudeva et al. (US 20050200087 A1) in view of Gass et al. (US 20080196912 A1) OR in the alternative Vasudeva et al. (US 20050200087 A1) in view of BILLINGS et al. (US 20180161951 A1) in view of Rubens et al. (US 20180056496 A1) and further in view of Gass et al. (US 20080196912 A1).
Regarding claims 5-10, Vasudeva et al. discloses the attachment is a flex shaft attachment (240), the flex shaft attachment comprising a shaft body having a first end that is detachably connected to the tool housing and a second end opposed to the first end, the second end comprising a handpiece configured to be held in a hand of a user (fig. 2); and an internal rotation transmission wire having a proximal end that is connected to the spindle and a distal end supported on the handpiece (fig. 20), the rotation transmission wire transmitting a rotational output of the motor output shaft to the rotation transmission wire distal end, the rotation transmission wire distal end configured to be connected to an accessory (fig. 20), and wherein the handpiece includes a speed selection device (18 [0027], figs. 1 and 5-15), the speed selection device is electrically connected to the controller, and the controller controls a speed of the motor based on an output signal from the speed selection device ([0027, 0075, 0092, 0102, 0120], figs. 1-20). Vasudeva et al. also teaches having a speed selection device (18 [0027, 0075, 0092, 0102, 0120], figs. 1 and 5-15).
Vasudeva et al. fails to disclose the speed selection device is a rotary switch, the output signal corresponds to an angular position of the rotary switch and the controller adjusts a speed of the motor based on the output signal, wherein the handpiece comprises an on-off switch that is electrically or wirelessly connected to the controller and is configured to control the supply of power to the motor and the speed selection device is configured to wirelessly communicate with the controller, and the controller controls a speed of the motor based on a wireless signal received from the speed selection device.
Gass et al. teaches a power tool (10/90/130) speed selection device (user interface 40/40’ and/or control assembly 500) configured to wirelessly communicate (antenna /input 518) with a controller (26), and the controller controls a speed of the motor based on a wireless signal received from the speed selection device (40/40’ [0060, 0084, 0102-0114, 0141-0144, 0187-0191, 0200-0205] and the speed selection device is a rotary switch (dial), the output signal corresponds to an angular position of the rotary switch and the controller adjusts a speed of the motor based on the output signal (fig. 22), wherein a handpiece (user interface 40/40’ teaches can be connected with cable or anywhere on the tool or wireless) comprises an on-off switch that is electrically or wirelessly connected to the controller, (326, power disconnect setting 534 and its corresponding on/off value 544 [0095, 0121, 0126-0128, 0155, 0191], figs. 14-15 and 22) wherein the wireless signal comprises a first wireless signal or a second wireless signal, the speed selection device is a button switch (teaches either dials, buttons and/or switches, figs. 11-15 and 22) configured so that when the button switch is not actuated, the first wireless signal is sent to the controller and based on the first wireless signal the controller maintains a current speed of the motor, and when the button switch is actuated, the second wireless signal is sent to the controller and the controller increases a speed of the motor by a predetermined amount (40/40’ has buttons and dials to control the power tool including speed, can be anywhere on the tool, can be wireless or connected with a cable [0073-0077, 0081-0084, 0102-0114, 0141-0144, 0187-0191, 0200-0205], figs. 1-8, 11-12, 14-15 and 22-25).
Given the teachings of Vasudeva et al./modified Vasudeva et al. to have a hand-held rotary power tool assembly with different attachments with different accessories and a speed selection device, it 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 to modify the speed selection device is a rotary switch, the output signal corresponds to an angular position of the rotary switch and the controller adjusts a speed of the motor based on the output signal, wherein the handpiece comprises an on-off switch that is electrically or wirelessly connected to the controller and is configured to control the supply of power to the motor and the speed selection device is configured to wirelessly communicate with the controller, and the controller controls a speed of the motor based on a wireless signal received from the speed selection device to have precise adjustment of speed/torque for more precise operation of the tool and more precise action on a workpiece (avoid overshoot/damage to the workpiece) and/or for adjusting speed ergonomically as taught by Gass et al.
Conclusion
Additional prior art considered pertinent: see form 892.
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/ROBERT F LONG/Primary Examiner, Art Unit 3731
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