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 .
This action is in response to the application filed on 06/04/25.
Claims 1-20 are pending and have been examined.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/18/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
Claims 1-20 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 1, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Also, in claim 1, line 10, the limitation of “the battery” lacks antecedent basis.
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ebner et al. (2021/0308853).
Regarding claim 1, Ebner discloses a power tool having a hammer mechanism, comprising: a tool holding portion (24; Fig. 1) extending in a front-rear direction (27, 28) and configured to be mounted to a tip tool (25) which is moved back and forth in the front-rear direction (27), to a tip end thereof; a motor housing portion (14) extending downward from the tool holding portion and housing a motor (18), which drives the tip tool, in an attitude (90) that a rotating shaft (58) of the motor (18) intersects with the front-rear direction; and a battery mounting portion (at the bottom portion of handle 272; Fig. 1) provided on a rear bottom face that is located on a rear side of the motor housing portion (Fig. 1) and faces downward, and configured to be attached to a battery (29) supplying electric power to the motor, wherein the motor housing portion includes an inclined bottom face (as attached below in annotated Fig. 1) that is placed on a front side of the battery mounting portion, that extends downward to be lower than the rear bottom face from the motor housing portion, and that is inclined relative to the front-rear direction to face forward (27).
[AltContent: rect][AltContent: arrow][AltContent: rect]Inclined bottom facelower than the
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Regarding claim 2, Ebner’s tool is capable of being placed on a horizontal plane with the inclined bottom face as a supporting surface.
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) 3 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ebner et al. (2021/0308853) in view of Kakiuchi et al. (2011/0226499).
Regarding claims 3 and 11, Ebner discloses a power tool substantially as claimed comprising a front-rear direction (27) and a motor (18) with a rotating shaft (58), but fails to disclose wherein the rotating shaft is placed at an angle obliquely intersecting with the front-rear direction. Kakiuchi discloses a power tool comprising a front-rear direction (along the axis longitudinal axis of tool drill 10; Fig. 1), and a motor (3) with a rotating shaft (4) placed at an angle obliquely intersecting with the front-rear direction for the purposes of providing a motor housing with a design and shape attachable to a dust collecting device. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to have provided Ebner’s rotating shaft inclined at an angle, as taught by Kakiuchi, in order to provide a motor housing with a design and shape attachable to a dust collecting device.
Allowable Subject Matter
Claims 4-10 and 12-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 4 and 12, wherein the inclined bottom face is perpendicular to an axial direction of the rotating shaft.
Regarding claims 5 and 13-16, wherein the inclined bottom face is provided with a connecting part that is configured to be connected with a dust collector.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references listed on the attached form (PTO-892) are cited to show portable driver devices. All are cited as being of interest and to show the state of the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE LOPEZ whose telephone number is (571)272-4464. The examiner can normally be reached Monday thru Friday 8:30 am to 4:30 pm.
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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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/MICHELLE LOPEZ/ Primary Examiner, Art Unit 3731