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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7, 4-20 of U.S. Patent No. 12,330,286. Although the claims at issue are not identical, they are not patentably distinct from each other because they utilize the exact same claimed features, with the current application broadening the claims by removing the requirement to utilize a first and second aperture through which the amplitude adjustment actuator passes through the housing.
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 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zaiser, US 20050126803.
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.
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.
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
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DANIEL JEREMY LEEDS/Primary Examiner, Art Unit 3731
Prosecution Insights