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 1 August 2025.
Claims 2-22 are currently pending and being examined.
Priority
Applicant states that this application is a continuation or divisional application of the prior-filed application. A continuation or divisional application cannot include new matter. Applicant is required to delete the benefit claim or change the relationship (continuation or divisional application) to continuation-in-part because this application contains the following matter not disclosed in the prior-filed application:
Claim 6 recites “the controller reduces or turns off power delivered to the motor in response to the mode change sensor detecting movement of the at least one of the first clutch or the second clutch toward the first position”, which is new matter because it was not part of the originally filed specification of the parent application. The specification ¶[00103]-[00104] states that in the push start mode the motor is either ON or OFF depending on if it is in the first or second position and does not have anything about the motor power reducing or being turned off in between the positions. Therefore, the originally filed specification does not support this claim limitation.
Claim 9 recites “in the rapid sequential mode of operation, the controller reduces or turns off power to the motor in response to the mode change sensor detecting movement of the at least one of the first clutch or the second clutch toward the first position after the time period expires”, which is new matter because it was not part of the originally filed specification of the parent application. The specification ¶[00103]-[00104] states that in the push start mode the motor is either ON or OFF depending on if it is in the first or second position and does not have anything about the motor power reducing or being turned off in between the positions. Therefore, the originally filed specification does not support this claim limitation.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 4, 6, and 9 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.
Claim 4 recites “the second position corresponds to the tool bit holder being pressed against a workpiece”, which directly contradicts claim 1 and the specification. Claim 1 recites that “a second position in which the clutch assembly interrupts torque transmission from the motor to the tool bit holder” and the specification ¶[00132] states that in the second position the motor is turned on and the tool is pressed against a workpiece. Therefore, it is unclear how when the tool is in the second position, pressed against a workpiece, the motor transmits torque and interrupts torque. Examiner is unable to interpret this claim limitation.
Claim 6 recites “the controller reduces or turns off power delivered to the motor in response to the mode change sensor detecting movement of the at least one of the first clutch or the second clutch toward the first position”, which directly contradicts claim 1 and the specification. Claim 1 recites “a first position in which the clutch assembly transmits torque from the motor to the tool bit holder”, it is unclear why the power to the motor would be turned off or reduced when going to the first position where the motor is on, when it is already off when in the second position. Examiner is unable to interpret this claim limitation.
Claim 9 recites “in the rapid sequential mode of operation, the controller reduces or turns off power to the motor in response to the mode change sensor detecting movement of the at least one of the first clutch or the second clutch toward the first position after the time period expires”, which directly contradicts claim 1 and the specification. Claim 1 recites “a first position in which the clutch assembly transmits torque from the motor to the tool bit holder”, it is unclear why the power to the motor would be turned off or reduced when going to the first position where the motor is on, when it is already off when in the second position. Examiner is unable to interpret this claim limitation.
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) 2-3, 5, 7-8, 10-11, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klemm (US 2006/0291966) in view of Ukai (US 2012/0175139), further in view of Puzio (US 2015/0014005).
Klemm teaches:
Claim 2: A power tool (110-fig.1A) comprising:
a housing (114-fig.1A);
a motor (118-fig.1B) disposed in the housing (¶[0044]);
a tool bit holder (166-fig.5; ¶[0045],[0063]) being rotatable about an axis and axially movable relative to the housing (¶[0045],[0063],[0071]);
a clutch assembly (134,162-fig.13) disposed in the housing and operatively coupled to the motor (see fig.3 showing 134 and 162 located within the housing 114; ¶[0050],[0063]), the clutch assembly including a first clutch (134-fig.13) and a second clutch (162-fig.13), wherein the second clutch (162-fig.13) is movable upon axial movement of the tool bit holder between a first position in which the clutch assembly transmits torque from the motor to the tool bit holder (“The drive clutch assembly 162 can have a first condition, in which drive force is transmitted from the gear assembly 130 to the output shaft 31 to drive the output shaft 31” ¶[0063]; “the drive clutch assembly 162 can generally include a drive clutch member 25 keyed to the output shaft 31 and defining recesses or slots 25a. The drive pins 22b supported on the idler clutch plate 22 can be selectively received in the slots 25a to selectively transmit rotation of the idler clutch plate 22 to the drive clutch member 25 and to the output shaft 31.” ¶[0064]) and a second position in which the clutch assembly interrupts torque transmission from the motor to the tool bit holder (“a neutral or non-drive condition, in which driving force is not transmitted from the gear assembly 130 to the output shaft 31. In some embodiments, a portion of the drive clutch assembly 162 can be provided by the idler clutch plate 22. The drive clutch assembly 162 may allow the output shaft 31 to not be rotatably driven until the bit or a fastener is engaged against a work piece with an axial force (i.e., along the output shaft axis).” ¶[0063]; “The separator spring 18 can bias the drive clutch 25 and the idler clutch plate 22 axially away from one another toward the non-drive position, in which the drive pins 22b are disengaged from the slots 25a such that the idler clutch plate 22 does not drive the drive clutch member 25 and the output shaft 31” ¶[0064]);
a power switch (117-fig.1B) actuatable from outside the housing (¶[0044]).
Klemm does not expressly teach a controller disposed in the housing and electrically coupled to the motor; a power switch actuatable from outside the housing and operatively coupled to the controller to control power delivery to the motor; and a mode change switch that senses movement of the at least one of the first clutch or the second clutch and sends a signal to the controller responsive to the sensed movement.
However, Ukai teaches a controller (161-fig.2) disposed in the housing and electrically coupled to the motor (¶[0035]); a power switch (109a-fig.1) actuatable from outside the housing (¶[0024]) and operatively coupled to the controller to control power delivery to the motor (¶[0035]-[0037], [0040]); and a mode change switch (151,154-fig.3) that senses movement of the at least one of the first clutch or the second clutch and sends a signal to the controller responsive to the sensed movement (¶[0031]-[0038]).
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 power tool of Klemm, by adding a mode change switch, as taught by Ukai, so “the driving motor is slowly driven at a relatively low speed until just before the driving-side and driven-side members are engaged with each other at the engagement part. Therefore, impact of the engagement of the engagement part can be reduced, so that wear of the engagement part can be reduced. Thus, such construction is effective in preventing decrease of the product life of the power transmitting mechanism.” (¶[0010])
Klemm as modified by Ukai does not expressly teach a mode change sensor.
However, Puzio teaches a mode change sensor (42-fig.4) that senses movement of a sensor target (142-fig.4) and sends a signal to the controller (44-fig.2A) responsive to the sensed movement (¶[0047]-[0048],[0065]).
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 power tool of Klemm as modified by Ukai, by replacing the switch with a Hall effect sensor, as taught by Puzio, as a well-known alternative and/or equivalent detecting means. (MPEP §2144.06(II); Puzio ¶[0048]).
Klemm as modified by Ukai and Puzio further teaches:
Claim 3: The power tool of claim 2, wherein the controller (Ukai:161-fig.2; Puzio: 44-fig.2A) is configured to alter operation of the motor responsive to receipt of the signal from the mode change sensor (Ukai: ¶[0031]-[0038]; Puzio: 44-fig.2A, ¶[0047]-[0048],[0065]).
Claim 5: The power tool of claim 2, wherein, in a push start mode of operation, the controller (Ukai:161-fig.2; Puzio: 44-fig.2A) causes power to be delivered to the motor upon the mode change sensor (Ukai: ¶[0031]-[0038]; Puzio: 44-fig.2A, ¶[0047]-[0048],[0065]) detecting movement of the second clutch toward the second position (Klemm: ¶[0063]-[0064], power is transmitted to the motor up until the clutch reaches the second position).
Claim 7: The power tool of claim 2, wherein, in a rapid sequential mode of operation, the controller causes power to be delivered to the motor for a time period without actuation of the power switch (Klemm: “with the drive clutch member 25 and the output shaft 31 in the forward, neutral, non-driving position, the idler clutch plate 22 may be driven by the motor 118 without transmitting driving force to the output shaft 31. In this neutral position, a fastener can be connected to the stationary bit and then pressed against a workpiece at which time driving force can be transmitted from the motor 118 through the idler clutch plate 22 and through the drive clutch member 25 to the output shaft 31 and bit.” ¶[0072]; Examiner notes that the motor being on and not sending torque to the tool bit for any amount of time is consider a time period) in response to the mode change sensor detecting movement of the at least one of the first clutch or the second clutch toward the second position (Klemm: ¶[0072]).
Claim 8: The power tool of claim 7, wherein, in the rapid sequential mode of operation, the controller maintains power to the motor (Klemm: “with the drive clutch member 25 and the output shaft 31 in the forward, neutral, non-driving position, the idler clutch plate 22 may be driven by the motor 118 without transmitting driving force to the output shaft 31. In this neutral position, a fastener can be connected to the stationary bit and then pressed against a workpiece at which time driving force can be transmitted from the motor 118 through the idler clutch plate 22 and through the drive clutch member 25 to the output shaft 31 and bit.” ¶[0072]; Examiner notes that the motor being on and not sending torque to the tool bit for any amount of time is consider a time period) in response to the mode change sensor detecting movement of the second clutch toward the first position before the time period expires (Klemm: “The drive clutch assembly 162 can have a first condition, in which drive force is transmitted from the gear assembly 130 to the output shaft 31 to drive the output shaft 31” ¶[0063]; “the drive clutch assembly 162 can generally include a drive clutch member 25 keyed to the output shaft 31 and defining recesses or slots 25a. The drive pins 22b supported on the idler clutch plate 22 can be selectively received in the slots 25a to selectively transmit rotation of the idler clutch plate 22 to the drive clutch member 25 and to the output shaft 31.” ¶[0064]).
Claim 10: The power tool of claim 2, wherein the mode change sensor includes:
a sensed member (Puzio: 142-fig.4; ¶[0053]) configured to move axially with the tool bit holder (Puzio: 42-fig.4; ¶[0065]-[0066]); and
a sensing member (Puzio: 42-fig.4) axially fixed relative to the housing to sense a position of the sensed member (Puzio: ¶[0046]-[0048]).
Claim 11: The power tool of claim 10, wherein:
the sensed member (Puzio: 142-fig.4; ¶[0053]) includes a magnet (Puzio: “the sensor target 142 comprises a magnet.” ¶[0053]); and the sensing member includes a Hall sensor (Puzio: “the sensor 42 comprises a Hall effect sensor” ¶[0048]).
Claim 18: The power tool of claim 2, wherein the mode change sensor (Puzio: 42-fig.4) is located forward of the first clutch and the second clutch (Puzio: see fig. 4 showing 42 is forward of the clutch when viewed right to left).
Klemm teaches:
Claim 19: A power tool (110-fig.1A) comprising:
a housing (114-fig.1A);
a motor (118-fig.1B) disposed in the housing (¶[0044]);
a transmission (at least 130-fig.5,13; ¶[0046]-[0053]) disposed in the housing and configured to be driven by the motor (¶[0053],[0073]);
an output spindle (31-fig.3) extending from the housing and configured to be moved axially relative to the housing when depressed against a workpiece (¶[0045],[0063],[0071]);
a clutch (134,162-fig.13) disposed between the transmission and the output spindle (see fig.13 showing 134,162 between 31 and 130), the clutch having an input clutch member (134-fig.13) coupled to the transmission (¶[0051],[0054]) and an output clutch member (162-fig.13) coupled to the output spindle (¶[0063]-[0064],[0071]-[0073]), the output clutch member moveable between a rearward position in which torque is transmitted from the transmission to the output spindle via the clutch when the output spindle is depressed against a workpiece (“The drive clutch assembly 162 can have a first condition, in which drive force is transmitted from the gear assembly 130 to the output shaft 31 to drive the output shaft 31” ¶[0063]; “the drive clutch assembly 162 can generally include a drive clutch member 25 keyed to the output shaft 31 and defining recesses or slots 25a. The drive pins 22b supported on the idler clutch plate 22 can be selectively received in the slots 25a to selectively transmit rotation of the idler clutch plate 22 to the drive clutch member 25 and to the output shaft 31.” ¶[0064]), and a forward position in which torque transmission from the transmission to the output spindle is interrupted (“a neutral or non-drive condition, in which driving force is not transmitted from the gear assembly 130 to the output shaft 31. In some embodiments, a portion of the drive clutch assembly 162 can be provided by the idler clutch plate 22. The drive clutch assembly 162 may allow the output shaft 31 to not be rotatably driven until the bit or a fastener is engaged against a work piece with an axial force (i.e., along the output shaft axis).” ¶[0063]; “The separator spring 18 can bias the drive clutch 25 and the idler clutch plate 22 axially away from one another toward the non-drive position, in which the drive pins 22b are disengaged from the slots 25a such that the idler clutch plate 22 does not drive the drive clutch member 25 and the output shaft 31” ¶[0064]).
Klemm does not expressly teach a motor controller disposed in the housing and electrically coupled to the motor and a mode change switch including a sensed member coupled to the output spindle and configured to move axially with the output spindle and a sensing member axially fixed relative to the housing to sense a position of the sensed member.
However, Ukai teaches a motor controller (161-fig.2) disposed in the housing and electrically coupled to the motor (¶[0035]) and a mode change switch (138,151,154-fig.3) including a sensed member (138-fig.3) coupled to the output spindle (¶[0029]) and configured to move axially with the output spindle (¶[0031]; see figs.2-3 showing 138 moving axially) and a sensing member (151,154-fig.3; ¶[0031]-[0038]) axially fixed relative to the housing to sense a position of the sensed member (see figs.2-3 showing 151,154 being axially fixed relative to the housing 107).
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 power tool of Klemm, by adding a mode change switch, as taught by Ukai, so “the driving motor is slowly driven at a relatively low speed until just before the driving-side and driven-side members are engaged with each other at the engagement part. Therefore, impact of the engagement of the engagement part can be reduced, so that wear of the engagement part can be reduced. Thus, such construction is effective in preventing decrease of the product life of the power transmitting mechanism.” (¶[0010])
Klemm as modified by Ukai does not expressly teach a sensor assembly including a sensed member configured to move axially and a sensing member axially fixed to sense a position of the sensed member.
However, Puzio teaches a sensor assembly (42-fig.4) including a sensed member (142-fig.4) configured to move axially (¶[0047]-[0048],[0065]) and a sensing member (42-fig.4) axially fixed to sense a position of the sensed member (¶[0047]-[0048],[0065]).
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 power tool of Klemm as modified by Ukai, by replacing the switch with a Hall effect sensor, as taught by Puzio, as a well-known alternative and/or equivalent detecting means. (MPEP §2144.06(II); Puzio ¶[0048])
Klemm as modified by Ukai and Puzio further teaches:
Claim 20: The power tool of claim 19, further comprising:
a brake (Klemm: at least 142,146,146-fig.3) configured to engage the output clutch member when in the forward position to inhibit rotation of the output clutch member (Klemm: ¶[0057]-[0062],[0073]).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klemm (US 2006/0291966) in view of Ukai (US 2012/0175139) and Puzio (US 2015/0014005), further in view of Levin (US 4,283,643).
Klemm as modified by Ukai and Puzio teaches:
Claim 12: The power tool of claim 2, wherein the mode change sensor includes:
a permanent magnet (Puzio: “the sensor target 142 comprises a magnet.” ¶[0053]); and
a Hall sensor (“the sensor 42 comprises a Hall effect sensor” ¶[0048]).
Klemm as modified by Ukai and Puzio does not expressly teach a Hall sensor with a concentrator aligned with the conductor, wherein the concentrator is configured to focus a magnetic field on the conductor and the Hall sensor is configured to detect changes in the magnetic field passing through the Hall sensor in response to movement of the conductor.
However, Levin teaches a Hall sensor (14-fig.3) with a concentrator (16,18-fig.3) aligned with the conductor (12-fig.3; see fig. 12 and 16,18 aligned in and out of the page), wherein the concentrator is configured to focus a magnetic field on the conductor (at least 2:11-23) and the Hall sensor (14-fig.3) is configured to detect changes in the magnetic field passing through the Hall sensor in response to movement of the conductor (at least 3:61-4:7, 3:8-25).
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 power tool of Klemm, Ukai, and Puzio, by adding a concentrator, as taught by Levin, to increase accuracy of the Hall sensor, since “the signal-to-noise ratio is increased permitting signal amplification and filtering utilizing conventional components.” (Levin 20-22).
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klemm (US 2006/0291966) in view of Ukai (US 2012/0175139) and Puzio (US 2015/0014005), further in view of Schneider (US 2022/0040831).
Klemm as modified by Ukai and Puzio teaches:
Claim 13: The power tool of claim 2, wherein the mode change sensor (Puzio: 42-fig.4).
Klemm as modified by Ukai and Puzio does not expressly teach a change sensor includes an inductive sensor that is configured to detect a change in a position of the conductor.
However, Schneider teaches a change sensor (1374-fig.16 or 1674-fig.17 or 1774-fig.18 or 1974a&1974b-fig.19) includes an inductive sensor (at least “With reference to FIG. 16, the main clutch sensor 1366 includes an inductive sensor 1374” ¶[0069]) that is configured to detect a change in a position of the conductor (1276-fig.16).
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 power tool of Klemm, Ukai, and Puzio, by having the change sensor be an inductive sensor, as taught by Schneider, as a well-known art recognized alternative and/or equivalent detecting means, sensor that detects the change in distance. MPEP §2144.06(II)
Klemm as modified by Ukai, Puzio, and Schneider teaches:
Claim 14: The power tool of claim 13, wherein the inductive sensor includes a two-coil radial inductive sensor (Schneider: see fig.19 showing two coils inductive sensors wound radially; ¶[0071]-[0075]).
Claim 15: The power tool of claim 13, wherein the inductive sensor includes a donut-shaped axial inductive sensor (Schneider: see fig.17 showing 1674 being donut-shaped and has an axial component, top down direction).
Claim(s) 16-17 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klemm (US 2006/0291966) in view of Ukai (US 2012/0175139) and Puzio (US 2015/0014005), further in view of Miller (US 2007/0144753).
Klemm as modified by Ukai and Puzio teaches:
Claim 16: The power tool of claim 2.
Klemm as modified by Ukai and Puzio does not expressly teach a mode select switch actuatable from outside the housing and electrically coupled to the controller and configured to select among at least two modes of operation for controlling power to the motor.
However, Miller teaches a mode select switch (14,16-fig.1A) actuatable from outside the housing (see fig.1A showing 14 and 16 are actuatable buttons outside of the housing 12; ¶[0040]) and electrically coupled to the controller and configured to select among at least two modes of operation for controlling power to the motor (“Additional selector switches can be included that are also programmable. The additional selector switches can be capable of selectively operating the driver in a different control mode.” ¶[0012]; “push to start mode” ¶[0043]; “the rotary tool 10 can be operated by depressing the lever 20 up against the body 12 of the rotary tool 10” ¶[0044]; ¶[0045]).
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 power tool of Klemm, Ukai, and Puzio, by having multiple modes of operation, as taught by Miller, so depending on what the user is working on they can switch between a push to start mode or a lever operation mode, thus increasing the versatility of the tool.
Klemm as modified by Ukai, Puzio, and Miller teaches:
Claim 17: The power tool of claim 16, wherein the at least two modes of operation comprise at least two of a normal mode (Miller: “the rotary tool 10 can be operated by depressing the lever 20 up against the body 12 of the rotary tool 10” ¶[0044]; ¶[0045]) and a push start mode (Miller: “push to start mode” ¶[0043]).
Klemm as modified by Ukai and Puzio teaches:
Claim 21: The power tool of claim 19, further comprising:
a power switch (Klemm: 117-fig.1B; Ukai: 109a-fig.1) actuatable from outside the housing (Klemm: ¶[0044]; Ukai: ¶[0024])) and coupled to the motor controller to control power delivery to the motor (Ukai: ¶[0035]-[0037], [0040]).
Klemm as modified by Ukai and Puzio does not expressly teach a mode select switch actuatable from outside the housing and electrically coupled to the motor controller and having at least two modes of operation for controlling power to the motor.
However, Miller teaches a mode select switch (14,16-fig.1A) actuatable from outside the housing (see fig.1A showing 14 and 16 are actuatable buttons outside of the housing 12; ¶[0040]) and electrically coupled to the motor controller and having at least two modes of operation for controlling power to the motor (“Additional selector switches can be included that are also programmable. The additional selector switches can be capable of selectively operating the driver in a different control mode.” ¶[0012]; “push to start mode” ¶[0043]; “the rotary tool 10 can be operated by depressing the lever 20 up against the body 12 of the rotary tool 10” ¶[0044]; ¶[0045]).
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 power tool of Klemm, Ukai, and Puzio, by having multiple modes of operation, as taught by Miller, so depending on what the user is working on they can switch between a push to start mode or a lever operation mode, thus increasing the versatility of the tool.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klemm (US 2006/0291966) in view of Ukai (US 2012/0175139), further in view of Miller (US 2007/0144753).
Klemm teaches:
Claim 22: A power tool (110-fig.1A) comprising:
a housing (114-fig.1A);
a motor (118-fig.1B) disposed in the housing (¶[0044]);
a transmission (at least 130-fig.5,13; ¶[0046]-[0053]) and clutch assembly (134,162-fig.13) disposed in the housing and coupled to the motor (see fig.3 showing 134 and 162 located within the housing 114; ¶[0050],[0063]), the transmission and clutch assembly including a planetary gear assembly (130-fig.4) having a planet carrier (¶[0046]-[0049]), an output clutch (158-fig.5), an input clutch (22-fig.5) coupled to a face of the planet carrier (¶[0048]), and an intermediate clutch (138-fig.5) between the input clutch and the output clutch (see fig.5 showing 138 between 158 and 22; ¶[0048]-[0051]); and
a tool bit holder (166-fig.5; ¶[0045],[0063]) configured to be rotatably driven by the motor via the transmission and clutch assembly and being axially movable relative to the housing (¶[0045],[0063],[0071]).
Klemm does not express teach a motor controller disposed in the housing and electrically coupled to the motor.
However, Ukai teaches a motor controller (161-fig.2) disposed in the housing and electrically coupled to the motor (¶[0035]) and an electronic mode select switch (151,154-fig.3; ¶[0031]-[0038]).
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 power tool of Klemm, by adding a mode change switch, as taught by Ukai, so “the driving motor is slowly driven at a relatively low speed until just before the driving-side and driven-side members are engaged with each other at the engagement part. Therefore, impact of the engagement of the engagement part can be reduced, so that wear of the engagement part can be reduced. Thus, such construction is effective in preventing decrease of the product life of the power transmitting mechanism.” (¶[0010])
Klemm as modified does not expressly teach an electronic mode select switch coupled to and actuatable from outside the housing, the electronic mode select switch electrically coupled to the motor controller and configured to select among a plurality of modes of operation of the motor.
However, Miller teaches a motor controller (80-fig.5) electrically coupled to the motor (¶[0032],[0046]) and an electronic mode select switch (14,16-fig.1A) coupled to and actuatable from outside the housing (see fig.1A showing 14 and 16 are actuatable buttons outside of the housing 12; ¶[0040]), the electronic mode select switch electrically coupled to the motor controller and configured to select among a plurality of modes of operation of the motor (“Additional selector switches can be included that are also programmable. The additional selector switches can be capable of selectively operating the driver in a different control mode.” ¶[0012]; “push to start mode” ¶[0043]; “the rotary tool 10 can be operated by depressing the lever 20 up against the body 12 of the rotary tool 10” ¶[0044]; ¶[0045]).
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 power tool of Klemm and Ukai, by having multiple modes of operation, as taught by Miller, so depending on what the user is working on they can switch between a push to start mode or a lever operation mode, thus increasing the versatility of the tool.
Conclusion
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/KATIE L GERTH/Examiner, Art Unit 3731