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 .
This Office Action is in response to the applicant’s response to election filing on 07/07/2026.
Applicant’s cancelation of claims 1-20 is acknowledged and require no further examining. Claims 22-31 and 37-38 are withdrawn by Examiner for being drawn to a non-elected species. Claims 21, 32-36, and 39-40 are pending and examined below.
Election/Restrictions
Applicant’s election without traverse of Species III, the embodiment shown in Figures 6A-6C, in the reply filed on 07/07/2026 is acknowledged.
Claims 22-31 and 37-38 are withdrawn from consideration for being drawn to a non-elected species.
The non-elected Species IV, the embodiment shown in Figure 7E, disclose the spring member includes a first coil portion and a second coil portion, wherein the first coil portion is connected to the second coil portion.
The non-elected Species V, the embodiment shown in Figure 7F, disclose the spring member includes a first coil portion and a second coil portion, wherein the first coil portion has a diameter and length that is different from the diameter and length of the second coil portion.
The elected Species III, the embodiment shown in Figures 6A-6C, disclose the spring member includes a first plurality of springs and a second plurality of springs, wherein the length of the first plurality of springs is different from the length of the second plurality of springs. Species III does not disclose the diameter of the first plurality of springs is different from the diameter of the second plurality of springs, nor disclose the first plurality of springs is connected to the second plurality of springs.
Therefore, claims 22-31 and 37-38 are drawn away from the elected Species III and towards the non-elected Species IV and Species V.
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 35-36 and 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by reference Aeberhard (8,104,546).
Regarding claim 35, Aeberhard disclose a power-driven tool comprising:
a motor (4);
an output shaft (6);
a transmission (8) configured to transmit a torque generated by the motor (4) to the output shaft (6); and
a clutch (66) configured to selectively disengage torque transfer from the transmission (8) to the output shaft (6) when an output torque exceeds a threshold torque value corresponding to a clutch setting,
wherein the clutch (66) includes:
a clutch selector (68) actuatable to select the clutch setting;
a retaining ring (26, 28) coupled to the clutch selector to move relative to the transmission in response to the actuation of the clutch selector (68);
a clutch engagement member (22) selectively engageable with a component of the transmission (8) to interrupt torque transfer from the transmission (8) to the output shaft (6);
a spring assembly (100, 102) including a first spring (100) and a second spring (102),
wherein, when the retaining ring (26, 28) is in a first axial position, the first spring (100) exerts a biasing force on the clutch engagement member (22) and the second spring (102) does not exert a biasing force on the clutch engagement member (22), and
wherein, when the retaining ring (26, 28) is in a second axial position, the first spring (100) and the second spring (102) exert a biasing force on the clutch engagement member (22).
(Figure 2, 4 and Column 2 lines 8-11, Column 3 lines 41-48, Column 4 lines 26-43, Column 5 lines 45-55)
Regarding claim 36, Aeberhard disclose a biasing force applied by the spring assembly (100, 102) on the clutch engagement member (22) has a first slope at the first axial position and a second slope that is different than the first slope at the second axial position. (Column 5 lines 55-59)
Regarding claim 40, Aeberhard disclose the first spring (100) has a first length and the second spring (102) has a second length that is different from the first length. (Figure 4 and Column 5 lines 45-47)
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 39 is rejected under 35 U.S.C. 103 as being unpatentable over reference Aeberhard (8,104,546) as applied to claim 35 above, and further in view of reference Spielmann et al. (7,806,200).
Regarding claim 39, Aeberhard disclose each first spring (100) and the second spring (102) include a first end portion configured to selectively contact the clutch engagement member (22) based on an axial position of the retaining ring (28) relative to a clutch plate (26) of the clutch engagement member (26, 28), wherein the second end portion is retained by a corresponding pin (96) of the retaining ring (28). (Figure 4 and Column 4 lines 40-43, Column 5 lines 4-9)
However, Aeberhard do not disclose a recess defined in the retaining ring.
Spielmann et al. disclose a spring member comprising a plurality of spring members (28), wherein each of the plurality of spring members (28) have a first end portion thereof configured to selectively contact a clutch engagement member (24, 34) based on an axial position of a retaining ring (32) relative to a clutch plate (34) of a clutch engagement member (24, 34), and wherein each of the plurality of spring members (28) have a second end portion thereof retained by a corresponding recess (54) defined in the retaining ring (32). (Figure 2 and Column 3 lines 26-29, Column 4 lines 20-24)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified retaining ring of Aeberhard by incorporating the recess as taught by Spielmann et al., since column 4 lines 20-24 of Spielmann et al. states such a modification would allow the spring members to be inserted into the retaining ring, thereby further ensuring the spring members are retained radially relative to the retaining ring.
Claims 21 and 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over reference Aeberhard (8,104,546) in view reference Fukinuki et al. (2010/0089601).
Regarding claim 21, Aeberhard disclose a power-driven tool comprising:
a motor (4);
an output shaft (6);
a transmission (8) configured to transmit a torque generated by the motor (4) to the output shaft (6); and
a clutch (66) configured to selectively disengage torque transfer from the transmission (8) to the output shaft (6) when an output torque exceeds a threshold torque value corresponding to a clutch setting among a plurality of clutch settings,
wherein the clutch (66) includes:
a clutch selector (68) actuatable to select the clutch setting;
a retaining ring (26, 28) coupled to the clutch selector to move relative to the transmission in response to the actuation of the clutch selector (68);
a clutch engagement member (22) selectively engageable with a component of the transmission (8) to interrupt torque transfer from the transmission (8) to the output shaft (6);
a spring assembly (100, 102) coupled between the retaining ring (26, 28) and the clutch engagement member (22),
wherein, a biasing force applied by the spring assembly (100, 102) on the clutch engagement member (22) has a first slope at the first axial position and a second slope that is different than the first slope at the second axial position.
(Figure 2, 4 and Column 2 lines 8-11, Column 3 lines 41-48, Column 4 lines 26-43, Column 5 lines 45-59)
However, Aeberhard does not explicitly disclose the clutch settings includes a first clutch setting, a second clutch setting, a third clutch setting, and a fourth clutch setting.
Fukinuki et al. disclose a power-driven tool comprising clutch (1), wherein the clutch (1) includes a first clutch setting, a second clutch setting, a third clutch setting, a fourth clutch setting, and a fifth clutch setting. (Figures 2, 3)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified the tool of Aeberhard by incorporating the five clutch settings as taught by Fukinuki et al., since page 1 paragraphs 4-5 of Fukinuki et al. states such a modification would provide the user distinct work modes or torque.
When modifying Aeberhard in view of Fukinuki et al., the threshold torque value varies by a first linear slope between the first clutch setting and the second clutch setting (i.e. the compression of only the first spring member) and varies by a second linear slope that is different than the first linear slope between the third clutch setting and the fourth clutch setting (i.e. the compression of both the first and second spring members).
Regarding claim 33, Aeberhard modified by Fukinuki et al. disclose the spring assembly (Aeberhard – 100, 102) includes a plurality of springs, wherein the plurality of springs includes a first spring (Aeberhard – 100) having a first length and a second spring (Aeberhard – 102) having a second length that is different than the first length. (Aeberhard – Figure 4 and Column 5 lines 45-47)
Regarding claim 34, Aeberhard modified by Fukinuki et al. disclose the spring assembly (Aeberhard – 100, 102) includes a plurality of springs, wherein, when the clutch (Aeberhard – 66) is in the second clutch setting, the first spring (Aeberhard – 100) exerts a biasing force on the clutch engagement member (Aeberhard – 22) and the second spring (Aeberhard – 102) does not exert a biasing force on the clutch engagement member (Aeberhard – 22), and wherein, when the clutch (Aeberhard – 66) is in the third clutch setting, the first spring (Aeberhard – 100) and the second spring (Aeberhard – 102) exert a biasing force on the clutch engagement member (Aeberhard – 22). (Aeberhard – Column 5 lines 45-55)
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over reference Aeberhard (8,104,546) in view reference Fukinuki et al. (2010/0089601) as applied to claim 21 above, and further in view of reference Spielmann et al. (7,806,200).
Regarding claim 32, Aeberhard disclose each of the plurality of spring members (100, 102) include a first end portion configured to selectively contact the clutch engagement member (22) based on an axial position of the retaining ring (28) relative to a clutch plate (26) of the clutch engagement member (26, 28), wherein the second end portion is retained by a corresponding pin (96) of the retaining ring (28). (Figure 4 and Column 4 lines 40-43, Column 5 lines 4-9)
However, Aeberhard modified by Fukinuki et al. do not disclose a recess defined in the retaining ring.
Spielmann et al. disclose a spring member comprising a plurality of spring members (28), wherein each of the plurality of spring members (28) have a first end portion thereof configured to selectively contact a clutch engagement member (24, 34) based on an axial position of a retaining ring (32) relative to a clutch plate (34) of a clutch engagement member (24, 34), and wherein each of the plurality of spring members (28) have a second end portion thereof retained by a corresponding recess (54) defined in the retaining ring (32). (Figure 2 and Column 3 lines 26-29, Column 4 lines 20-24)
It would have been obvious to the person of ordinary skill in the art, before the effective filing date of the applicant’s claimed invention, to have modified retaining ring of Aeberhard by incorporating the recess as taught by Spielmann et al., since column 4 lines 20-24 of Spielmann et al. states such a modification would allow the spring members to be inserted into the retaining ring, thereby further ensuring the spring members are retained radially relative to the retaining ring.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK B FRY whose telephone number is (571)272-0396. The examiner can normally be reached on Mon-Thur 7am-4pm.
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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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/PATRICK B FRY/Examiner, Art Unit 3731 July 31, 2026
/SHELLEY M SELF/Supervisory Patent Examiner, Art Unit 3731
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