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 .
Claim Objections
Claim 6 is objected to because of the following informality: “operation further includes” in line 1 should read “operation includes”.
Claim 7 is objected to because of the following informality: “position includes” in line 2 should read “position of the striker includes”.
Claim 12 is objected to because of the following informality: “includes” in line 1 should read “include”.
Claim 13 is objected to because of the following informality: “includes” in line 1 should read “include”.
Claim 14 is objected to because of the following informality: “length the” in line 1 should read “length and the”.
Claim 17 is objected to because of the following informality: “striker by” in line 3 should read “striker detected by”.
Appropriate correction is required.
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, 5-7, 9, 10, 12-14, and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wuersch et al. (EP 1607186 A1), hereinafter Wuersch.
Regarding claim 1, Wuersch discloses a method of detecting positions of a striker (4 in Figure 10) for a rotary impact tool (1 in Figure 1 but with the striking mechanism shown in Figure 10), the method comprising:
determining a first position (the “position” of 4 measured using sensor 90 during the “forward” movement of 4 described in Paragraph 0042 of Machine Translation of EP 1607186 A1) of the striker (4) before impacting an anvil (5 in Figure 10) of the rotary impact tool (1) along an axial direction (direction along the longitudinal axis of 16 in Figure 10) of the rotary impact tool (Paragraph 0042 and Abstract lines 4-6 of Machine Translation of EP 1607186 A1);
determining a second position (the “position” of 4 measured using sensor 90 during the “rearward movement” of 4 described in Paragraph 0042 of Machine Translation of EP 1607186 A1) of the striker (4) after impacting the anvil (5) along the axial direction (direction along the longitudinal axis of 16) (Paragraph 0042 and Abstract lines 4-6 of Machine Translation of EP 1607186 A1); and
controlling operation of the rotary impact tool (1) based on the first position and the second position (Paragraph 0042 lines 1-7, Paragraph 0046, and Abstract of Machine Translation of EP 1607186 A1).
Regarding claim 2, Wuersch discloses that determining the first position (the “position” of 4 measured using sensor 90 during the “forward” movement of 4) or the second position (the “position” of 4 measured using sensor 90 during the “rearward movement” of 4) includes generating a magnetic field that the striker (4) passes through and detecting a change in the magnetic field (inherent because 90 is a “Hall sensor” which generates a voltage, as described in Paragraph 0042 lines 5-15 and Paragraphs 0043-0046 of Machine Translation of EP 1607186 A1).
Regarding claim 3, Wuersch discloses that generating the magnetic field includes producing an output voltage (the “voltage” described in Paragraphs 0043-0045 of Machine Translation of EP 1607186 A1) that is associated with the first position or the second position (Paragraphs 0043-0045 of Machine Translation of EP 1607186 A1).
Regarding claim 5, Wuersch discloses that controlling the operation includes calculating an impact energy (the “impact energy” described in Paragraphs 0042 and 0046 and Abstract of Machine Translation of EP 1607186 A1) of the striker (4) based on the first position and the second position (Paragraphs 0042 and 0046 and Abstract of Machine Translation of EP 1607186 A1).
Regarding claim 6, Wuersch discloses that controlling the operation further includes modulating power (using the “motor” described in Paragraphs 0046 and 0013) to an impact mechanism (17 and 3 collectively in Figures 10 and 1) of the rotary impact tool (1) to propel the striker (4) (Paragraphs 0046, 0012, 0013, and 0016 and Abstract of Machine Translation of EP 1607186 A1).
Regarding claim 7 Wuersch discloses that determining the first position of the striker (4) or the second position includes detecting the first position or the second position, respectively, relative to time (because the first position is detected using sensor 90 at a time during the “forward” movement of 4 described in Paragraph 0042 of Machine Translation of EP 1607186 A1, or because the second position is detected using sensor 90 at a time during the “rearward movement” of 4 described in Paragraph 0042 of Machine Translation of EP 1607186 A1).
Regarding claim 9, Wuersch discloses a power tool (1 in Figure 1 but with the striking mechanism shown in Figure 9) comprising:
a spindle (16 in Figure 9);
a piston (3 in Figure 1) that reciprocates within the spindle (16) (clear from Figure 9, Paragraph 0022 lines 12-15 of Machine Translation of EP 1607186 A1);
a striker (4 in Figure 9) movably received within the spindle (16) to form an air spring (20) with the piston (3), the striker (4) reciprocating in response to reciprocation of the piston (3) (clear from Figure 9, Paragraph 0022 lines 15-19 of Machine Translation of EP 1607186 A1); and
a sensor (80 in Figure 9) positioned around the spindle (16) (apparent from Figure 9) to detect the striker (4) as the striker (4) reciprocates within the spindle (16) (Paragraph 0041 of Machine Translation of EP 1607186 A1).
Regarding claim 10, Wuersch discloses that the sensor (80) includes a bobbin (the innermost annular portion of 80 shown in an annotated version of Figure 9 of Wuersch, hereinafter Figure 9x, below) and a plurality of coils (81, 82a, and 82b in Figure 9) wrapped on the bobbin (clear from Figure 9x below and also inherent because 80 is an LVDT, which is known to have this structure, Paragraph 0041 of Machine Translation of EP 1607186 A1), the bobbin (the innermost annular portion of 80 shown in Figure 9x below) defining a bore (the hole in 80 which receives 16 in Figure 9) that receives the spindle (16) (apparent from Figure 9x below).
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Figure 9x: an annotated version of Figure 9 of Wuersch
Regarding claim 12, Wuersch discloses that the plurality of coils (81, 82a, and 82b) includes a first coil (81) that is wrapped on the bobbin (the innermost annular portion of 80 shown in Figure 9x above) in a first rotational direction (Paragraph 0041 of Machine Translation of EP 1607186 A1) and one or more of:
a second coil (82a) that is wrapped on the bobbin (the innermost annular portion of 80 shown in Figure 9x above) in a second rotational direction that is opposite the first rotational direction (inherent because 80 is an LVDT, which is known to have this structure, Paragraph 0041 of Machine Translation of EP 1607186 A1); or
a third coil (82b) that is wrapped on the bobbin (the innermost annular portion of 80 shown in Figure 9x above) in the second rotational direction (inherent because 80 is an LVDT, which is known to have this structure, Paragraph 0041 of Machine Translation of EP 1607186 A1).
Regarding claim 13, Wuersch discloses that the plurality of coils (81, 82a, and 82b) includes the second coil (82a) and the third coil (82b) (Paragraph 0041 of Machine Translation of EP 1607186 A1); and
that the first coil (81) is positioned between the second coil (82a) and the third coil (82b) (apparent from Figure 9).
Regarding claim 14, Wuersch discloses that the striker (4) defines a first axial length (horizontal length of 4 in Figure 9) the first coil (81) defines a second axial length (horizontal length of 81 in Figure 9) that is less than the first axial length (apparent from Figure 9).
Regarding claim 16, Wuersch discloses that the sensor (80) includes a shield (the outermost annular portion of 80 shown in Figure 9x above) that is configured to cover the plurality of coils (81, 82a, and 82b) (apparent from Figure 9x above and also inherent because 80 is an LVDT, which is known to have this structure).
Regarding claim 17, Wuersch discloses a controller (9 in Figure 1) configured to determine an impact energy (the “impact energy” described in Paragraph 0041) of the striker (4) based on at least one of a detected position and a detected velocity of the striker (4) by the sensor (80) (Paragraphs 0041, 0016, and 0046 of Machine Translation of EP 1607186 A1).
Regarding claim 18, Wuersch discloses a power tool (1 in Figure 1 but with the striking mechanism shown in Figure 9) comprising:
a housing (7 in Figure 1);
a motor (the “motor” described in Paragraphs 0013 and 0046) disposed in the housing (7) (clear when Paragraphs 0013 and 0046 and Figures 12 and 1 are considered together);
a spindle (16 in Figure 9) coupled to the housing (7) and defining a longitudinal axis (longitudinal axis of 16) (apparent when Figure 9 is viewed in relation to Figure 1);
a reciprocation assembly (17, 3, and 4 collectively in Figures 9 and 1) driven by the motor (the “motor” described in Paragraphs 0013 and 0046) and including a striker (4) movably received within a first portion (the portion of 16 surrounded by the right half of 80 in Figure 9) of the spindle (16) (clear when Figure 9 and Paragraph 0022 lines 15-19 of Machine Translation of EP 1607186 A1 are considered together);
an anvil (5 in Figure 9) movably received in a second portion (the portion of 16 surrounded by the left half of 80 in Figure 9) of the spindle (16), the anvil (5) moving along the longitudinal axis to contact the striker (4) (clear from Figure 12 and Paragraph 0055 of Machine Translation of EP 1607186 A1); and
a sensor (81, 82a, and 82b collectively in Figure 9) coupled to the housing (7) (apparent when Figure 9 is viewed in relation to Figure 1) and coaxially aligned with the spindle (16) (apparent from Figure 9), the sensor (81, 82a, and 82b collectively) being radially spaced from the first portion (the portion of 16 surrounded by the right half of 80 in Figure 9) of the spindle (16) (apparent from Figure 9 and also inherent because 80 is an LVDT, which is known to have this structure) and configured to detect movement of the striker (4) along the longitudinal axis (longitudinal axis of 16) (Paragraph 0041 of Machine Translation of EP 1607186 A1).
Regarding claim 19, Wuersch discloses that the sensor (81, 82a, and 82b collectively) generates a magnetic field (inherent because the sensor comprises excitation winding 81 and is part of an LVDT) and the striker (4) induces a change in the magnetic field as the striker (4) passes through the magnetic field (Paragraph 0041 of Machine Translation of EP 1607186 A1).
Regarding claim 20, Wuersch discloses that the change in the magnetic field produces an output voltage (the “analog voltage” described in Paragraph 0041 of Machine Translation of EP 1607186 A1) at the sensor (81, 82a, and 82b collectively) that corresponds to a position of the striker (4) along the longitudinal axis (longitudinal axis of 16) (Paragraph 0041 lines 6-9 of Machine Translation of EP 1607186 A1).
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 of this title, 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 15 is rejected under 35 U.S.C. 103 as being unpatentable over Wuersch.
Regarding claim 15, Wuersch discloses all the limitations of the claim as stated above but does not expressly disclose: a turn ratio of the first coil to at least one of the second coil and the third coil is between about 0.1 and about 10.0.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the turn ratio of the first coil to at least one of the second coil and the third coil to be between about 0.1 and about 10.0, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. Please note that in Paragraphs 0017 and 0081 of the Patent Application Publication of the instant application, applicant has not disclosed any criticality for the claimed limitations.
Allowable Subject Matter
Claims 4, 8, and 11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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 claim 4, the closest prior art reference, Wuersch (see 102(a)(1) rejection of claim 2 above), taken alone or in combination with the prior art as a whole, fails to teach or render obvious that: the striker passes through the magnetic field as a spindle housing of the rotary impact tool rotates about an axis that extends in the axial direction.
Regarding claim 8, the closest prior art reference, Wuersch (see 102(a)(1) rejection of claim 1 above), taken alone or in combination with the prior art as a whole, fails to teach or render obvious: determining pressure within a spindle housing that the striker is positioned within.
Regarding claim 11, the closest prior art reference, Wuersch (see 102(a)(1) rejection of claim 10 above), taken alone or in combination with the prior art as a whole, fails to teach or render obvious that: the bore defines an inner diameter that is greater than an outer diameter of the spindle, the spindle rotating relative to the sensor within the bore.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The patent documents listed on the PTO-892 form teach limitations of the claims.
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/TANZIM IMAM/Primary Examiner, Art Unit 3731