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 Arguments
Applicant's arguments have been fully considered but they are not persuasive. In accordance with claim amendments, the rejection has been updated accordingly.
Applicant’s arguments, regarding the double patenting rejection have been fully considered and are persuasive. The rejection has been withdrawn.
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 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Zaiser, US 20050126803 in view of Qian, US 20160271711.
Regarding claim 1, Zaiser discloses: An oscillating power tool (Fig. 1, power tool 10) comprising:
a housing (Fig. 1, housing 12);
a motor (Fig. 1, motor 14) disposed generally within the housing and including a drive shaft (Fig. 1, drive shaft 16);
an output spindle (Fig. 1, driven shaft 32) configured to be driven by the motor and journaled for oscillating rotation about an oscillation axis;
a drive mechanism (Fig. 2, shows the entirety of the drive mechanism) configured to convert rotation of the drive shaft into oscillating rotation of the output spindle about the oscillation axis, the drive mechanism including an eccentric member (Fig. 1, mechanism, 20, 22, 24, 26) configured to rotate off center about a motor axis, and a forked member (Fig. 1, fork 26) operatively coupled to the eccentric member and configured for oscillating rotation about the oscillation axis in response to rotation of the eccentric member; and
an amplitude adjustment actuator (Fig. 1, driver 42, 44, and switch 46) configured to move the eccentric member in a direction generally parallel to the motor axis to change an angular amplitude of oscillating rotation of the forked member, wherein the amplitude adjustment actuator includes an actuator portion (Fig. 1, driver 42, 44, and switch 46) having an actuation surface extending through an aperture in the housing.
Zaiser does not explicitly disclose: a clamping shaft disposed in the output spindle, the clamping shaft including a clamping flange at a distal end thereof for clamping an accessory to the oscillating power tool;
a clamping actuation lever configured to apply and release a clamping force by converting rotational movement of the clamping actuation lever into linear movement of the clamping shaft; and
wherein an imaginary plane intersects the housing, the motor, the output spindle, the clamping shaft, and the clamping actuation lever, and
the actuation surface of the amplitude adjustment actuator is disposed entirely on a side of the imaginary plane.
Qian teaches: a clamping shaft (see Examiner Illustration A) disposed in the output spindle, the clamping shaft including a clamping flange (see Examiner Illustration A) at a distal end thereof for clamping an accessory to the oscillating power tool;
a clamping actuation lever (see Examiner Illustration A) configured to apply and release a clamping force by converting rotational movement of the clamping actuation lever into linear movement of the clamping shaft; and
wherein an imaginary plane intersects the housing, the motor, the output spindle, the clamping shaft, and the clamping actuation lever (see Examiner Illustration A), and
the actuation surface of the amplitude adjustment actuator is disposed entirely on a side of the imaginary plane (see Examiner Illustration A).
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Examiner Illustration A
Therefore, it would have been obvious to one having ordinary skill in the art at the time before filing to utilize the clamping shaft design of Qian in combination with the device of Zaiser, thereby combining prior art elements to achieve a predictable result. The benefit of this alteration is that it allows for a quick, toolless attachment changing system. The Examiner would further note that on preliminary review of the independent claim, the Qian reference would like function as a 102 reference. However, in the interest of compact prosecution the Examiner is not going to issue duplicate rejections (but may utilize this reference in future actions).
Regarding claim 2, Zaiser further discloses: the eccentric member (Fig. 1, mechanism, 20, 22, 24, 26) includes an eccentric shaft (Fig. 1,shaft 20) coupled to the drive shaft and an eccentric bearing (Fig. 1, bearing 24) slidably fitted on the eccentric shaft.
Regarding claim 3, Zaiser further discloses: forked member includes a sleeve portion (Fig. 1, fork stem 30) fixedly coupled to the output spindle.
Regarding claim 4, Zaiser further discloses: the forked member further comprises two arms (Fig. 1, Two parallel fork prongs 28) extending from the sleeve portion and defining a recess therebetween.
Regarding claim 5, Zaiser further discloses: the eccentric bearing is disposed within the recess of the forked member and each arm engages an outer circumferential surface of the eccentric bearing and wherein the eccentric bearing rotates off center and pushes each arm in alternating fashion to cause the forked member to oscillate (see Figs. 2-3).
Regarding claim 6, Zaiser further discloses: the actuator portion (Fig. 1, driver 42, 44, and switch 46) includes a bearing fork (Fig. 1, driver 42) and wherein the bearing fork receives the eccentric bearing.
Regarding claim 7, Zaiser further discloses: the eccentric bearing is symmetrically engaged (see Fig. 1, the driver 42 engages both sides of the bearing, thus symmetrically) and evenly pushed by the amplitude adjustment actuator (Fig. 1, driver 42, 44, and switch 46).
Regarding claim 8, Zaiser discloses: An oscillating power tool (Fig. 1, power tool 10) comprising:
A housing (Fig. 1, housing 12);
a motor (Fig. 1, motor 14) disposed generally within the housing and including a drive shaft (Fig. 1, drive shaft 16);
an output spindle (Fig. 1, driven shaft 32) configured to be driven by the motor and journaled for oscillating rotation about an oscillation axis;
a drive mechanism (Fig. 2, shows the entirety of the drive mechanism) configured to convert rotation of the drive shaft into oscillating rotation of the output spindle about the oscillation axis, the drive mechanism including an eccentric shaft (Fig. 1,shaft 20) coupled to the drive shaft and an eccentric bearing (Fig. 1, bearing 24) slidably fitted on the eccentric shaft to rotate off center about the motor axis, and a forked member (Fig. 1, fork 26) operatively coupled to the eccentric bearing and configured for oscillating rotation about the oscillation axis in response to rotation of the eccentric bearing; and
an amplitude adjustment actuator (Fig. 1, driver 42, 44, and switch 46) configured to symmetrically engage the eccentric bearing and evenly push the eccentric bearing in a direction generally parallel to the motor axis to change an angular amplitude of oscillating rotation of the forked member, wherein the amplitude adjustment actuator includes an actuator portion (Fig. 1, driver 42, 44, and switch 46) having an actuation surface (Fig. 1, switch 46) extending through an aperture in the housing.
Zaiser does not explicitly disclose: a clamping shaft disposed in the output spindle, the clamping shaft including a clamping flange at a distal end thereof for clamping an accessory to the oscillating power tool;
a clamping actuation lever configured to apply and release a clamping force by converting rotational movement of the clamping actuation lever into linear movement of the clamping shaft; and
wherein an imaginary plane intersects the housing, the motor, the output spindle, the clamping shaft, and the clamping actuation lever, and
the actuation surface of the amplitude adjustment actuator is disposed entirely on a side of the imaginary plane.
Qian teaches: a clamping shaft (see Examiner Illustration A) disposed in the output spindle, the clamping shaft including a clamping flange (see Examiner Illustration A) at a distal end thereof for clamping an accessory to the oscillating power tool;
a clamping actuation lever (see Examiner Illustration A) configured to apply and release a clamping force by converting rotational movement of the clamping actuation lever into linear movement of the clamping shaft; and
wherein an imaginary plane intersects the housing, the motor, the output spindle, the clamping shaft, and the clamping actuation lever (see Examiner Illustration A), and
wherein the actuation surface of the amplitude adjustment actuator is disposed on a side of the clamping actuation lever (see Fig. 3).
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Examiner Illustration A
Therefore, it would have been obvious to one having ordinary skill in the art at the time before filing to utilize the clamping shaft design of Qian in combination with the device of Zaiser, thereby combining prior art elements to achieve a predictable result. The benefit of this alteration is that it allows for a quick, toolless attachment changing system. The Examiner would further note that on preliminary review of the independent claim, the Qian reference would like function as a 102 reference. However, in the interest of compact prosecution the Examiner is not going to issue duplicate rejections (but may utilize this reference in future actions).
Regarding claim 9, Zaiser further discloses: the forked member includes a sleeve (Fig. 1, fork stem 30) portion fixedly coupled to the output spindle.
Regarding claim 10, Zaiser further discloses: the forked member further comprises two arms (Fig. 1, Two parallel fork prongs 28) extending from the sleeve portion and defining a recess therebetween.
Regarding claim 11, Zaiser further discloses: the eccentric bearing is disposed within the recess of the forked member and each arm engages an outer circumferential surface of the eccentric bearing and wherein the eccentric bearing rotates off center and pushes each arm in alternating fashion to cause the forked member to oscillate (see Figs. 2-3).
Regarding claim 12, Zaiser further discloses: the actuator portion includes a bearing fork (Fig. 1, driver 42) and wherein the bearing fork receives the eccentric bearing.
Regarding claim 13, Zaiser further discloses: the bearing fork (Fig. 1, driver 42) defines a receptacle (see Fig. 1).
Regarding claim 14, Zaiser further discloses: the eccentric bearing is received within the receptacle (see Fig. 1).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
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