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 .
Priority
Acknowledgement is made of applicant’s claim for foreign priority under 35 U.S.C. 119. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
Receipt is acknowledged of Information Disclosure Statement(s) (IDS), filed 07 September 2025, which have been placed of record in the file. An initialed, signed, and dated copy of each PTO-1449 or PTO-SB-08 form is attached to the Office action.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 84 and 86. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 3-10 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.
In claims 3, 4, 5, 7, and 8, the phrase “is designed” is ambiguous as “is designed” fails to give meaning to the structure of the tool. It is not clear what “is designed” includes.
Claim 9 recites the limitation "the guide pin" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 is ambiguous as the claim sets forth “a switching unit of a power tool”, while the power tool and the switching unit are previously set forth in claim 1, on which claim 10 depends. The claim is confusing and appears to be redundant or an attempt to remove a claim limitation. Further, it is not clear whether “a switching unit” is the same switching unit, and whether “a power tool” is the same power tool, as set forth in claim 1. The scope of the claim cannot be determined.
Claims 6 and 9 depend from claim 5, and are likewise rejected.
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.
Claims 1, 4-8, 10-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Esenwein et al. (US Patent Publ. No. 2013/0161166).
With respect to claim 1, Esenwein et al. disclose a power tool (angle grinder 38a, fig. 1), comprising at least one switching unit (switching device 10a, switching unit 14a, fig. 2), wherein: the at least one switching unit includes (i) at least one movably mounted switching pawl element (control element 16a, fig. 2), (ii) at least one guide element configured to guide the switching pawl element in a defined movement (guide element 28a, guide element 30a, fig. 2), and (iii) at least one releasing element pivotably mounted on the switching pawl element and configured to unlock a movement lock of the switching pawl element (blocking element 24a swivelably mounted to the control element 16a and operable to release the control element 16a, [0038], figs. 2-3), and the releasing element has at least one pivot axis which extends at least essentially perpendicular to a main direction of movement of the switching pawl element and at least essentially perpendicular to a longitudinal extension direction of the switching pawl element (blocking element 24a has a swivel axis perpendicular to movement direction 48a of the control element 16a and perpendicular to the longitudinal direction of the control element 16a, fig. 3).
With respect to claim 4, Esenwein et al. disclose the releasing element is formed by a spring-loaded lever and is designed to move automatically into a blocking position when not actuated (blocking element 24a includes limbs 76a, 78a, and is arranged with spring bias into the blocking position, fig. 2, [0038]).
With respect to claim 5, Esenwein et al. disclose the releasing element (blocking element 24a) has an actuating section (actuating limb 76a, fig. 2) and a blocking section (blocking limb 78a, fig. 2) opposite the actuating section (fig. 2), which in the blocking position is designed to directly block movement of the switching pawl element (blocking limb 78a contacts stop element 70a to block movement of control element 16a, fig. 2, [0038]).
With respect to claim 6, Esenwein et al. disclose the releasing element has at least one actuating position (the position of blocking element 24a allowing actuation of control element 16a, fig. 3), and wherein the actuating section in the actuating position is at least approximately flush with a grip surface of the switching pawl element (actuating limb 76a is depicted as flush with control surface 32a of control element 16a, fig. 3).
With respect to claim 7, Esenwein et al. disclose a switch housing on which the switching pawl element is movably mounted (control element 16a is mounted on the motor housing 44a, fig. 2) and which has at least one blocking protrusion (stop element 70a formed on the inside of the motor housing 44a, [0038], fig. 2) which, in the blocking position of the releasing element, is designed to interact with the blocking section of the releasing element (when in the blocking position, the blocking limb 78a interacts with the stop element 70a, fig. 2).
With respect to claim 8, Esenwein et al. disclose the switching pawl element has at least one guide pin (control element 16a includes engagement element 66a, fig. 2, [0037]) which is designed to interact with the at least one guide element to guide the switching pawl element (engagement element 64a slides in guide element 30a, fig. 2).
With respect to claim 10, Esenwein et al. disclose a switching unit (switching device 10a, switching unit 14a, fig. 2) and a power tool (angle grinder 38a, fig. 1).
With respect to claim 11, Esenwein et al. disclose the power tool is an angle grinder (angle grinder 38a, fig. 1, [0030]).
With respect to claim 12, Esenwein et al. disclose the at least one guide element is a cam guide element (guide element 30a guides engagement element 66a, guide element 28a guides engagement element 64a, figs. 2, 3).
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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Esenwein et al. in view of Karlovic (US Patent Publ. No. 2018/0182577).
With respect to claim 2, Esenwein et al. fail to disclose the guide element provides at least one actuation locking position for the switching pawl element.
Karlovic discloses a power tool comprising a switch lever 28 including a latching element 40, and a guide element (seating element 42, fig. 2) to provide an actuation locking position for the switch lever 28 (latching element 40 is a latching lug that cooperates with seating element 42 to hold the switch lever 28 in its activated state, [0063]-[0064], fig. 5).
It 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 to modify the Esenwein et al. device to provide an actuation locking position for the switching pawl element as taught by Karlovic, for ergonomic purposes for the user.
With respect to claim 3, Esenwein et al. fail to disclose the guide element is designed to guide the switching pawl element in at least approximately an L-shape.
Karlovic discloses a power tool comprising a switch lever 28 including a latching element 40, and a guide element (seating element 42, fig. 2) that guides the switch lever 28 in an L-shape (latching element 40 is depicted as an L-shape, figs. 2-5).
It 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 to modify the Esenwein et al. device to provide the guide element to guide the switching pawl element in an L-shape, as taught by Karlovic, to hold the device in an on position for ergonomic purposes for the user.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Esenwein et al. in view of Faude et al. (DE 3638952).
With respect to claim 9, Esenwein et al. disclose the switching pawl element has a guide pin 64a opposite the guide pin 66a, and the guide element has a groove 28a, wherein the groove guides the switching pawl element parallel to the extension direction of the switching pawl element (direction of movement 48a, fig. 2).
Esenwein et al. fail to disclose the switching pawl element has at least one groove at an end of the switching pawl element facing away from the guide pin.
Faude et al. disclose a power tool including a switching pawl element (operating device 3, fig. 1) having a groove (elongated hole 12) and a switching mechanism 1 including a bolt 10, such that the groove guides the operating device 3 in a direction parallel to a longitudinal direction of the operating device 3 (direction 9, fig. 1).
It 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 to modify the Esenwein et al. device to replace the guide pin with a groove, as taught by Faude et al., since reversing the position of the groove from the housing to the switching pawl element would provide no particular mechanical disadvantage, would involve only a repositioning of the elements of the device, and since there does not appear to be any particular disclose mechanical advantage to having the groove on either the housing or the switching pawl element. MPEP 2144.04 VI. C.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wong (EP 3678154) disclose a power tool including a lock-on device (fig. 9).
Kelly et al. (WO 2020/083870) disclose a power tool including an L-shaped groove (fig. 5).
Esenwein et al. (WO 2016/015884) disclose a power tool including a releasing element (fig. 2).
Boeck et al. (WO 2013/092029) disclose a power tool including a switching pawl element having a groove at a pivoting end and an L-shaped groove at the opposite end (fig. 6).
Moreno (US Patent Publ. No. 2013/0081525) disclose a power tool with a lock-on mechanism (fig. 14).
Winchester (US Patent No. 4,879,438) disclose a power tool including a lock-on mechanism with an L-shaped element (fig. 3).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Linda J. Hodge whose telephone number is (571)272-0571. The examiner can normally be reached Monday-Friday 8:00-5:00.
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, 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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/LINDA J. HODGE/Primary Examiner, Art Unit 3731
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