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 .
Response to Amendment/Election/Restrictions
Applicant’s amendment filed 8/4/2026 has been entered.
Applicant’s election without traverse of Species A (Figures 2-9) in the reply filed on 8/4/2026 is acknowledged.
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species B, there being no allowable generic or linking claim.
Claims 9-17 are cancelled.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 6/24/2025 is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner.
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 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 Claim 4, the claim recites “an output gear operably coupled to the drive shaft to transfer rotary motion from the drive shaft to the spindle”. This limitation renders the claim indefinite as the limitation is not consistent with the remainder of the specification and therefore it is unclear as to what the Applicant is attempting to encompass with the function of “transfer rotary motion from the drive shaft to the spindle” as the specification outlines that it is a plurality of output gears that perform such function (Para. 0035) not just one of the gears. Therefore, this renders it unclear as to what such transfer is intending to encompass.
Claims 5-6 are dependent on Claim 4 and therefore are also rendered indefinite.
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 1-3 and 8 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Hecker (US Patent 4,751,970).
Regarding Claim 1, Hecker discloses an adapter (“angular attachment” of Figure 5) for coupling a tool bit (within 321) to a power tool (hammer drill 10; Figure 1 embodied as 310 in Figure 5) including a power tool housing (314), the adapter comprising:
an adapter housing (312) configured to be coupled to the power tool housing (314; as shown in Figure 5);
an input shaft (shaft received by output part 311; see “Annotated View of Figure 5” below; note plunger 324/330 are also be viewed as the input shaft; note the “input shaft” will hereinafter be referred to as 324/330) supported by the adapter housing (312 via 316) and defining an input axis (as shown in “Annotated View of Figure 5” below), the input shaft configured to be operably coupled to the power tool (310) to receive rotary motion and axial impacts from the power tool (310; Col 5, lines 57-62);
a spindle (output member 317 forms a “spindle”) supported by the adapter housing (312) along an output axis oriented at an angle relative to the input axis (see “Annotated View of Figure 5” below), the spindle (317) configured to receive the tool bit (within 321);
a transmission assembly (“an intermediate power transmission 18” (Figure 1) embodied as 318 in Figure 5 including bevel gears 19, 20/319, 320) supported by the adapter housing (312) and operably coupled to the input shaft (330), the transmission assembly (318) configured to transfer rotary motion from the input shaft (324/330 including the shaft engaged by output part 311) to the spindle (317) for rotation of the tool bit (within 321; note Col 4, lines 21-36 outline the transmission of rotational motion from output 11 of tool to input member 16 including plunger 30 to the output member 17; Col 5, lines 39-45 outline the embodiment of Figure 5 only differs from Figure 1 in the construction of the impact/percussion transmitting device and therefore the rotational transmission can be readily assumed as the same); and
an impact assembly (322) supported by the adapter housing (312), the impact assembly including a wedge (pendulum 340) configured to transfer axial impacts from the input shaft (324/330 including shaft received by 311) to the tool bit (received in 321; Col 5, lines 46-68).
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Annotated View of Figure 5
Regarding Claim 2, Hecker discloses the wedge (340) is configured to receive axial impacts from the input shaft (via 324/330) to rotate about a rotational axis transverse the input axis (of 324/330) to impart impacts to the tool bit (within 321; Col 5, lines 46-68; note Col 5, lines 27-33 with reference to the embodiment of Figure 4 outlines the coupling element 238 engaging the tool bit and lines 58-62 outline the coupling elements/plungers cooperate with the tool in the same manner).
Regarding Claim 3, Hecker discloses the impact assembly (322) further includes a striker (plunger 339) operably coupled to the spindle (317), the striker configured to transfer impacts from the wedge (340) to the tool bit (within 321; Col 5, lines 55-62).
Regarding Claim 8, Hecker discloses the angle is about 90 degrees (as shown).
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 4-6, 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hecker (US Patent 4,751,970), in view of Seith (US PGPUB 2014/0216775).
Regarding Claims 4-6, Hecker discloses several features of the claimed invention including the transmission assembly (318) includes an input gear (319) coupled to the input shaft (330 and shaft received by 311) for co-rotation about the input axis and an output gear (320).
However, Hecker does not disclose an intermediate gear coupled to a drive shaft and engageable with the input gear, and the output gear (320) being operably coupled to the drive shaft to transfer rotary motion from the drive shaft to the spindle for rotation of the tool bit and is further silent on the drive shaft is oriented parallel to the output axis, and wherein the output gear is one of a plurality of output gears, and wherein the plurality of output gears includes a drive gear coupled to the drive shaft for co-rotation, a driven gear coupled to the spindle for co-rotation about the output axis, and an idler gear configured to transfer rotary motion from the drive gear to the driven gear.
Attention is brought to Seith which teachings include another adapter (214; Figures 6-7) comprising an input gear (262), an intermediate gear (266) coupled to a drive shaft (268) and engageable with the input gear (266; Para. 0043), and an output gear (272) being operably coupled to the drive shaft (268; Para. 0043) to transfer rotary motion from the drive shaft (268) to a spindle (294,288) for rotation of a tool (via 288), wherein, the drive shaft (268) is oriented parallel to an output axis (as shown), and wherein the output gear (272) is one of a plurality of output gears (272, 276, 284), and wherein the plurality of output gears includes a drive gear (272) coupled to the drive shaft (268) for co-rotation, a driven gear (284) coupled to the spindle (288, 294) for co-rotation about the output axis (286), and an idler gear (276) configured to transfer rotary motion from the drive gear (272) to the driven gear (284; Paras. 0043-0047).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have utilized such a transmission gearing assembly as taught by Seith into the adapter of Hecker speed can be readily reduced while increasing torque output of the tool.
Regarding Claim 18, Hecker discloses an adapter (“angular attachment” of Figure 5) for coupling a tool bit (within 321) to a power tool (hammer drill 10; Figure 1 embodied as 310 in Figure 5) including a power tool housing (314), the adapter comprising:
an adapter housing (312) including a support frame (312) configured to be coupled to the power tool housing (314; as shown in Figure 5);
a tool housing attachment (313; “mounting adapter 13” functions in same manner as 313) coupled to the support frame (312 integrally) of the adapter housing (312) and configured to be removably coupled to the power tool (10; Col 3, lines 40-44);
an input shaft (shaft received by output part 311; see “Annotated View of Figure 5” above; note plunger 324/330 are also be viewed as the input shaft; note the “input shaft” will hereinafter be referred to as plunger 324/330) supported by the adapter housing (312 via 316) and defining an input axis (as shown in “Annotated View of Figure 5” above), the input shaft configured to be operably coupled to the power tool (310; Col 5, lines 57-62);
a spindle (output member 317 forms a “spindle”) supported by the adapter housing (312) along an output axis oriented at an angle relative to the input axis (see “Annotated View of Figure 5” above), the spindle (317) configured to receive the tool bit (within 321);
a transmission assembly (“an intermediate power transmission 18” (Figure 1) embodied as 318 in Figure 5 including bevel gears 19, 20/319, 320) supported by the adapter housing (312) and positioned between the input shaft (330) and the spindle (317), the transmission assembly (318) configured to transfer rotary motion from the input shaft (324/330 including the shaft engaged by output part 311) to the spindle (317) for rotation of the tool bit (within 321; note Col 4, lines 21-36 outline the transmission of rotational motion from output 11 of tool to input member 16 including plunger 30 to the output member 17; Col 5, lines 39-45 outline the embodiment of Figure 5 only differs from Figure 1 in the construction of the impact/percussion transmitting device and therefore the rotational transmission can be readily assumed as the same); and
an impact assembly (322) supported by the adapter housing (312), and positioned between the input shaft (324, 330 including the shaft engaged by output part 311) and the spindle (317), the impact assembly configured to impart impacts to the tool bit (received in 321) via movement of the input shaft (324, 330 including the shaft engaged by output part 311; Col 5, lines 46-68).
However, Hecker, does not disclose the adapter housing including a support frame and a top cover coupled to the support frame, the support frame formed of a first material and the top cover formed of a second material that is less rigid than the first material;
Seith teaches an adapter (14; Figure 2) for coupling a tool bit (at 88) to a power tool (10; Figure 1), the adapter comprising an adapter housing (46, 48) including a support frame (body 46) and a top cover (48) coupled to the support frame (46; Para. 0031).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to have modified the adapter housing of Hecker to include both a top cover and a support frame as taught by Seith. By modifying Hecker in this manner, the interior of the adapter can be readily accessed by removal of the cover for maintenance purposes such as replacement of a specific part instead of replacing the entire adapter. Further, it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. See MPEP 2144.04(V)(C).
Even further, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to form the top cover of a material less rigid than that of the frame, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Please note that in the instant application, Para. 0029, applicant has not disclosed any criticality for the claimed limitations. See MPEP 2144.07.
Regarding Claim 19, Hecker, as modifed, discloses the impact assembly (322) includes a wedge (pendulum 340) configured to transfer axial impacts from the input shaft (324/330 including shaft received by 311) to the tool bit (received in 321; Col 5, lines 46-68).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hecker (US Patent 4,751,970), by itself or in view of Clarke (US PGPUB 2008/0022537).
Regarding Claim 7, Hecker discloses several features of the claimed invention including a tool housing attachment (13, 15) including a clamping portion (13 clamped by 15) configured to allow the adapter housing (13) to contract and expand to couple to the power tool housing (Col 3, lines 42-44 outlines a clamping device 15). While it can be readily implied that the clamping portion (15) is configured to allow the housing (13) to contract and expand, this is not readily disclosed.
Attention is brought to Clarke which teaches an adapter (20; Figure 1) with an adapter housing (22) includes a tool housing attachment (24, 32, 34) including a clamping portion (24) that is configured to allow the adapter housing (22) to contract and expand (via band clamp 32) to couple to the power tool housing (12; Paras. 0021-0023 and Para. 0026 outlines a snap fit connection).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have utilized a tool housing attachment as taught by Clarke with the adapter and clamping portion of Hecker. By modifying Hecker in such a manner, the adapter can be quickly connected and disconnected and further the connection can be readily locked into a tightened position as taught by Clarke (Para. 0023).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Seith (US PGPUB 2014/0216775).
Regarding Claim 18, Seith discloses an adapter (414; Figure 8) for coupling a tool bit (at 488, 511) to a power tool (410; Figure 8), the adapter comprising:
an adapter housing (446, 448) including a support frame (body 446) and a top cover (448) coupled to the support frame (446; Para. 0054);
a tool housing attachment (fasteners 497/rear end 520) coupled to the support frame (446) of the adapter housing (446, 448) and configured to be removably coupled to the power tool (410; Paras. 0060,0088);
an input shaft (shaft 430; see Figure 10) supported by the adapter housing (446, 448) and defining an input axis (handle axis 442), the input shaft configured to be operably coupled to the power tool (Para. 0063);
a spindle (488) supported by the adapter housing (446, 448) along an output axis (output axis 486) oriented at an angle relative to the input axis (442 as shown; Para. 0053), the spindle (488) configured to receive the tool bit (via 511);
a transmission assembly (gear assembly 458) supported by the adapter housing (446, 448) and positioned between the input shaft (430) and the spindle (488), the transmission assembly (458) configured to transfer rotary motion from the input shaft (430) to the spindle (488) for rotation of the tool bit (Para. 0053); and
an impact assembly (460) supported by the adapter housing (446, 448) and positioned between the input shaft (430) and the spindle (488), the impact assembly (460) configured to impart impacts to the tool bit (via 488) via movement of the input shaft (430; Para. 0051, 0066; note claim does not readily require “axial” impacting).
However, Seith does not readily disclose the support frame (446) formed of a first material and the top cover (448) formed of a second material that is less rigid than the first material.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to form the top cover of Seith as a material less rigid than that of the frame, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Please note that in the instant application, Para. 0029, applicant has not disclosed any criticality for the claimed limitations. See MPEP 2144.07.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See “Notice of References Cited”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA G KOTIS whose telephone number is (571)270-0165. The examiner can normally be reached Monday - Thursday 6am-430pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelley Self can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA G KOTIS/Examiner, Art Unit 3731 8/20/2026
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