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 .
Status of Claims
This office action is in response to applicant’s filing on 22 July 2025.
Claims 1 – 16 are pending.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 8 August 2025, 13 August 2025, and 24 April 2026 follow the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claims 1 – 16 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claims 1 and 14, the limitation, “a closed housing space”, is indefinite because the term, “closed”, implies the housing space is not open or enclosed, however, claims 1 and 14 also cite, “the air ventilation hole has an inlet opening that faces an inside of the inner housing and an outlet opening that faces an outside of the inner housing”, thus it is ambiguous as to what is meant by the term, “closed”, when the housing space is open to the outside environment via the air ventilation hole. For the purpose of compact prosecution, the examiner interprets the limitation to mean, “a housing space”.
Regarding claim 7, the limitation, “the protrusion protrudes frontward from the inner housing into an inside of the rotary shaft”, is indefinite because a limitation in claim 6, upon which claim 7 depends, recites, “the inner housing has a protrusion”, indicating that the protrusion is part of the inner housing and it is ambiguous in claim 7 how the protrusion can be frontward from itself.
Regarding claim 7 and 15, the limitation, “the front-rear direction”, is indefinite because the limitation lacks antecedent basis. For the purpose of compact prosecution, the examiner interprets the limitation to mean, “a front-rear direction”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 – 12 and 14 – 16 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(1) as being anticipated by Hirayama (US 7,410,009 B2).
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Regarding claim 1, Hirayama discloses a power tool comprising:
a motor (111, fig. 1) that has a motor shaft (112, fig. 1) to which a first bevel gear (121, figs. 1, 2) is fixed;
a hammer mechanism (113, 115, fig. 1) that is operably coupled to the motor shaft via a second bevel gear (123, fig. 1) that meshes with the first bevel gear, and is configured to linearly drive a tool accessory (119, fig. 1) along a driving axis (axis A, annotated fig. 1) using an action of an air spring (Col. 3, ll. 60 – 64 and col. 4, ll. 4 – 56);
a body housing (103, fig. 1) that houses the motor and the hammer mechanism; and
an inner housing (106, 107, 155, fig. 1, 2) that is within the body housing, wherein:
a housing space (107a, 107b, 153, 154, figs. 1, 2) is defined within the body housing,
the hammer mechanism and lubricant are in the housing space (Col. 3, ll. 54 – 57),
the inner housing defines at least a portion of the housing space (Figure 1 shows a gear housing 107 and an inner housing 106 defining an inner space 107a),
the inner housing has an air ventilation hole (154, fig. 2),
the air ventilation hole has an inlet opening (inlet opening of through hole 157 in cylindrical member 155 at the closed end of a stop hole 153, fig. 2) that faces an inside of the inner housing and an outlet opening (157a, fig. 2) that faces an outside of the inner housing, and
the inlet opening of the air ventilation hole is radially inward of a radially inner edge of gear teeth of the second bevel gear (Figure 2 shows the inlet opening of the through hole 157 in the cylindrical member 155 at the closed end of the stop hole 153 radially inward of the radially inner edge of gear teeth of a driven gear 123).
Regarding claim 2, Hirayama discloses the inlet opening (the inlet opening of the through hole 157 in the cylindrical member 155 at the closed end of the stop hole 153, fig. 2) of the air ventilation hole (154, fig. 2) is radially inward of the radially inner edge of the gear teeth of the second bevel gear (123, fig. 1) (Figure 2 shows the inlet opening of the through hole 157 in the cylindrical member 155 at the closed end of the stop hole 153 radially inward of the radially inner edge of gear teeth of a driven gear 123).
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Regarding claim 3, Hirayama discloses a rotational axis (axis B, annotated fig. 2) of the second bevel gear (123, fig. 1) extends through the inlet opening (the inlet opening of the through hole 157 in the cylindrical member 155 at the closed end of the stop hole 153, fig. 2) of the air ventilation hole (154, fig. 2).
Regarding claim 4, Hirayama discloses an intermediate shaft (125, figs. 1, 2) that is operably coupled (via 121, 123, fig. 1) to the motor shaft (112, fig. 1) and is rotatable around a rotational axis (axis B, annotated fig. 2) that extends in parallel to the driving axis (axis A, annotated fig. 2) (As shown in annotated fig. 1), wherein the hammer mechanism (113, 115, fig. 1) includes a motion converting mechanism (113, fig. 1) that is partially disposed on the intermediate shaft (Figure 1 shows a rotating element 127 of a motion converting mechanism 113 disposed on a rotating shaft 125) and is configured to convert rotation of the intermediate shaft into linear motion in an extension direction of the driving axis for driving the tool accessory (Col. 3, ll. 60 – 64), and the second bevel gear (123, fig. 1) is fixed to the intermediate shaft (Col. 4, 8 – 10 describes the rotating element 127 rotating together with the driven gear 123 via the rotating shaft 125 implying the driven gear 123 being fixed to the rotating shaft 125).
Regarding claim 5, Hirayama discloses a bearing (163, fig. 3) that is supported by the inner housing (106, 107, 155, fig. 2 – in this case, specifically the inner housing 106) and rotatably supports the second bevel gear (123, fig. 2), wherein the intermediate shaft (125, figs. 1, 2) is rotatably supported via the second bevel gear (Col. 4, 8 – 10 describes the rotating element 127 rotating together with the driven gear 123 via the rotating shaft 125 implying the rotating shaft 125 being rotatably supported by the driven gear 123. Additionally, figure 2 shows the rotating shaft 127 within and supported by the driven gear 123).
Regarding claim 6, Hirayama discloses the inner housing (106, 107, 155, fig. 1, 2) has a protrusion (155, fig. 2 – specifically the portion of the cylindrical member 155 that protrudes into the stop hole 153) that protrudes toward the second bevel gear (123, fig. 2), the air ventilation hole (157, fig. 2) penetrates the protrusion, the inlet opening (the inlet opening of the through hole 157 in the cylindrical member 155 at the closed end of the stop hole 153, fig. 2) is at a distal end of the protrusion (Best shown in figure 2), and the protrusion extends to at least an inside of the second bevel gear in an axial direction of the second bevel gear (Best shown in figure 2).
Regarding claim 7, Hirayama discloses a rotary shaft (125, figs. 1, 2) that is rotatable around an axis (axis B, annotated figs. 1, 2) that extends in a front-rear direction of the power tool, wherein the second bevel gear (123, fig. 2) is fixed to a rear end portion of the rotary shaft (Best shown in figures 1, 2. Also, col. 4, 8 – 10 describes the rotating element 127 rotating together with the driven gear 123 via the rotating shaft 125 implying the driven gear 123 being fixed to the rotating shaft 125), a rear end of the second bevel gear is rearward of a rear end of the rotary shaft (Best shown in figure 2), and the protrusion (155, fig. 2 – specifically the portion of the cylindrical member 155 that protrudes into the stop hole 153) protrudes frontward from the inner housing into an inside of the rotary shaft.
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (distance between an inner surface of the inner housing 106 and tips of the gear teeth of the driving gear 121)][AltContent: textbox (tooth depth of the gear teeth of the driving gear 121)]
Regarding claim 8, Hirayama discloses a distance between an inner surface of the inner housing (106, 107, 155, fig. 1, 2 – in this case, specifically the inner housing 106) and tips of the gear teeth of the first bevel gear (121, fig. 2) is smaller than a tooth depth of the gear teeth (Best shown in annotated figure 2).
Regarding claim 9, Hirayama discloses the distance between the inner surface of an inner housing (106, 107, 155, fig. 1, 2 – in this case, specifically the inner housing 106) and the tips of the gear teeth of the first bevel gear (121, fig. 2) is substantially uniform (Best shown in annotated figure 2).
Regarding claim 10, Hirayama discloses the second bevel gear (123, fig. 2) has a larger diameter than the first bevel gear (121, fig. 2) (Best shown in figure 2).
Regarding claim 11, Hirayama discloses the first bevel gear (121, fig. 2) is disposed in the housing space (107a, 107b, 153a, 154, figs. 1, 2 – in this case, specifically the inner space 107a).
Regarding claim 12, Hirayama discloses the intermediate shaft (125, fig. 2) has a recess (153, fig. 2) that extends along the rotational axis (axis B, annotated fig. 2) of the intermediate shaft, the protrusion (155, fig. 2 – specifically the portion of the cylindrical member 155 that protrudes into the stop hole 153) of the inner housing (106, 107, 155, fig. 1, 2) protrudes into the recess, and the air ventilation hole (154, fig. 2) communicates with an internal space of the recess.
Regarding claim 14, Hirayama discloses a power tool comprising:
a motor (111, fig. 1) that has a motor shaft (112, fig. 1) to which a first bevel gear (121, figs. 1, 2) is fixed;
a hammer mechanism (113, 115, fig. 1) that is operably coupled to the motor shaft via a second bevel gear (123, fig. 1) that meshes with the first bevel gear, and is configured to linearly drive a tool accessory (119, fig. 1) along a driving axis (axis A, annotated fig. 1) using an action of an air spring (Col. 3, ll. 60 – 64 and col. 4, ll. 4 – 56);
a body housing (103, fig. 1) that houses the motor and the hammer mechanism; and
an inner housing (106, 107, 155, fig. 1, 2 that is within the body housing, wherein
a housing space (107a, 107b, 153, 154, figs. 1, 2) is defined within the body housing,
the hammer mechanism and lubricant are in the housing space (Col. 3, ll. 54 – 57),
the inner housing defines at least a portion of the housing space (Figure 1 shows a gear housing 107 and an inner housing 106 defining an inner space 107a),
the inner housing has an air ventilation hole (154, fig. 2),
the air ventilation hole has an inlet opening (inlet opening of through hole 157 in cylindrical member 155 at the closed end of a stop hole 153, fig. 2) that faces an inside of the inner housing and an outlet opening (157a, fig. 2) that faces an outside of the inner housing, and
the inlet opening of the air ventilation hole is radially inward of a radially inner edge of gear teeth of the second bevel gear (Figure 2 shows the inlet opening of the through hole 157 in the cylindrical member 155 at the closed end of the stop hole 153 radially inward of the radially inner edge of gear teeth of a driven gear 123).
the inner housing has a protrusion (155, fig. 2 – specifically the portion of the cylindrical member 155 that protrudes into the stop hole 153) that protrudes toward the second bevel gear (123, fig. 2),
the air ventilation hole (157, fig. 2) penetrates the protrusion,
the inlet opening (the inlet opening of the through hole 157 through the cylindrical member 155 at the closed end of the stop hole 153, fig. 2) is at a distal end of the protrusion (Best shown in figure 2),
the protrusion extends to at least an inside of the second bevel gear in an axial direction of the second bevel gear (Best shown in figure 2), and
a distance between an inner surface of the inner housing (106, 155, fig. 1, 2 – in this case, specifically the inner housing 106) and tips of the gear teeth of the first bevel gear (121, fig. 2) is smaller than a tooth depth of the gear teeth (Best shown in annotated figure 2).
Regarding claim 15, Hirayama discloses a rotary shaft (125, figs. 1, 2) that is rotatable around an axis (axis B, annotated figs. 1, 2) that extends in a front-rear direction of the power tool, wherein the second bevel gear (123, fig. 2) is fixed to a rear end portion of the rotary shaft (Best shown in figures 1, 2. Also, col. 4, 8 – 10 describes the rotating element 127 rotating together with the driven gear 123 via the rotating shaft 125 implying the driven gear 123 being fixed to the rotating shaft 125), a rear end of the second bevel gear is rearward of a rear end of the rotary shaft (Best shown in figure 2), and the protrusion (155, fig. 2 – specifically the portion of the cylindrical member 155 that protrudes into the stop hole 153) protrudes frontward from the inner housing into an inside of the rotary shaft.
Regarding claim 16, Hirayama discloses the distance between the inner surface of an inner housing (106, 107, 155, fig. 1, 2 – in this case, specifically the inner housing 106) and the tips of the gear teeth of the first bevel gear (121, fig. 2) is substantially uniform (Best shown in annotated figure 2).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 13 is rejected under 35 U.S.C. 103 as being unpatentable over Hirayama (US 7,410,009 B2) in view of Funfer (US 5,732,782 A).
Regarding claim 13, Hirayama discloses the invention as recited in claim 5.
Hirayama does not disclose the limitation, “the bearing being supported by a bearing support that is originally separate from the inner housing and is attached to the inner housing within the housing space, and the second bevel gear is between the inner housing and the bearing support”.
However, Funfer, in the same field of endeavor, teaches a bearing (27, fig. 2) being supported by a bearing support (28, fig. 2) that is originally separate from an inner housing (1, 11, fig. 2) (bearing support 28 is separate and removable via bolts 38) and is attached to the inner housing within a housing space (space within housing 1 and intermediate wall 11, fig. 2), and a second bevel gear (13, fig. 2) is between the inner housing and the bearing support.
Funfer is evidence that the limitation was known and within the skill of one having ordinary skill in the art before the filing date of the claimed invention and the one having ordinary skill in the art would have had a reasonable expectation of success modifying the power tool and the location of the bearing in Hirayama with the bearing and bearing location as taught by Funfer. Moreover, it would been to the one having ordinary skill in the art to have modified the power tool and the location of the bearing in Hirayama with the bearing and bearing location as taught by Funfer in order to divert heat generated by the bearings to the bearing support/plate (Col. 2, ll. 15 – 19).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bleicher (EP 0 589 337 A1) anticipates claims 1 – 4, 6 – 7, and 10 – 11.
Baumann (GB 2 380 442 A) anticipates claim 1 – 5 and 10 – 11.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID G SHUTTY whose telephone number is 571-272-3626. The examiner can normally be reached 7:30 am - 5:30 pm, Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, SHELLEY SELF can be reached on 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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/DAVID G SHUTTY/Examiner, Art Unit 3731
27 August 2026
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