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 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 (or as subject to pre-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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hayashi et al. (US 20180068809 A1).
Regarding claim 1, Hayashi et al. discloses a job-site electric device comprising: a first switch (100) including a first movable piece (10), the first movable piece being configured to move in a first direction in response to receiving a first load in the first direction (Z direction, figs. 9-10); a first manually operating member (40) including: a first operating portion (43) (i) situated away from the first movable piece in a second direction that is opposite to the first direction (above/upward as disclosed in applicant’s specification), and (ii) configured to be displaced in the first direction in response to being manually moved in the first direction and thereby applying a first load to the first movable piece (figs. 9-10); and
a first arm (45) including a first end (connecting end to 41 proximal to 43) and a second end, the second end being coupled to the first operating portion (43), the first end being situated away from a first reference plane (top of plate 21) in the first direction in a first initial state, the first initial state corresponding to a state in which the first manually operating member (40/43) is not manually moved, and the first reference plane (X plane, figs. 9-10) being an imaginary plane that is perpendicular to the first direction (Z) and that passes through the second end (top of plate 21 passes through tip end of 45, figs. 9-10); and a support body (50, 20/21 and/or 41) to which the first end of the first arm is coupled and thereby supporting the first manually operating member ([0021-0065], figs. 1-10).
Regarding claim 2, Hayashi et al. discloses the first movable piece (10) includes a switch surface (11a) (i) corresponding to a surface of the first movable piece and (ii) configured to receive the first load from the first operating portion (43) in response to the first operating portion contacting the switch surface,
wherein an arm distal-end distance is greater than or equal to a switch surface distance, the arm distal-end distance being a distance from the first reference plane to the first end of the first arm along the first direction in the first initial state (figs. 9-10), the switch surface distance being a distance from the first reference plane (top of plate 21 passes through tip end of 45, figs. 9-10) to the switch surface (11a) along the first direction in the first initial state (part of 11 is flush with the plane and in fig. 9-10, arm 45 has larger distance from the plane to connecting end to 41 proximal to 43).
Regarding claim 3, Hayashi et al. discloses the first manually operating member (43) is configured to be displaced in the first direction about the first end (connecting end to 41 proximal to 43) as a fulcrum in response to the first operating portion being manually moved in the first direction.
Claim(s) 1, 3-4, 6, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by PETSRI et al. (US 20210252665 A1).
Regarding claims 1 and 12, PETSRI et al. discloses a job-site electric device (1) comprising: a first switch (40) including a first movable piece (44), the first movable piece being configured to move in a first direction in response to receiving a first load in the first direction ([0040-0066], figs. 1 & 5);
a first manually operating member (90) including: a first operating portion (90b) (i) situated away from the first movable piece (44) in a second direction that is opposite to the first direction (above/upward as disclosed in applicant’s specification), and (ii) configured to be displaced in the first direction in response to being manually moved in the first direction and thereby applying a first load to the first movable piece ([0040-0071], figs. 1-7); and
a first arm (90d) including a first end (90a/90c/90d or 90e) and a second end (90e and/or 90a/90c/90d), the second end being coupled to the first operating portion (90b), the first end being situated away from a first reference plane (plane of spring 108, figs. 3-7) in the first direction in a first initial state, the first initial state corresponding to a state in which the first manually operating member (90) is not manually moved, and the first reference plane (plane of spring 108, figs. 3-7) being an imaginary plane that is perpendicular to the first direction (plane of spring 108 is perpendicular to up/down movement of 44, figs. 3-7 is) and that passes through the second end (90c/90d in fig. 5 shown as crossing through 90d); and a support body (grip 16/main body housing 10) to which the first end of the first arm is coupled (92) and thereby supporting the first manually operating member ([0068-0069], figs. 1-7);
further comprising: a second switch (50) including a second movable piece (54), the second movable piece being configured to move in the first direction in response to receiving a second load in the first direction; and a second manually operating member (110) including: a second operating portion (112) (i) situated away from the second movable piece in the second direction, and (ii) configured to be displaced in the first direction in response to being manually moved in the first direction and thereby apply the second load to the second movable piece, and a second arm (main body 112a) including a first end (112b) and a second end (112d), the second end of the second arm being coupled to the second operating portion, the first end (112b) of the second arm being situated away from a second reference plane in the first direction in a second initial state, the second initial state corresponding to a state in which the second manually operating member is not manually moved, and the second reference plane being an imaginary plane that is perpendicular to the first direction and that passes through the second end of the second arm ([0040-0092], figs. 1-7).
Regarding claim 3, PETSRI et al. discloses the first manually operating member (90) is configured to be displaced in the first direction about the first end (90a/90c/90d) as a fulcrum in response to the first operating portion (90b) being manually moved in the first direction.
Regarding claim 4, PETSRI et al. discloses first arm (90d) includes: a first initial portion extending from the first end (90a) of the first arm in a first extension-starting direction which is perpendicular to the first direction, and a first continuing portion extending from an edge of the first initial portion in a first extension-continuing direction (figs. 3-7, the first extension-continuing direction being perpendicular to the first direction and being different from the first extension-starting direction (90 is curved so extends in different directions, figs. 3-7).
Regarding claim 6, PETSRI et al. discloses the support body (10/16) includes a first opening that is open in the first direction, and wherein the first manually operating member is situated in the first opening, the job-site electric device further comprising: a light emitter (88) (i) situated away from the first opening in the first direction and (ii) configured to emit light through the first opening (“configured to emit light through the first opening” interpreted as any light that can be shined through the opening in which the light in the housing 10/16 will emit light through the opening [0065].
Allowable Subject Matter
Claim 5, 7-11 and 13-28 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.
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).
Reasons for Allowable Subject Matter
The following is an examiner’s statement of reasons for allowance: the prior art of record fails to teach or render obvious a job-site electric device switch comprising all the structural and functional limitations and further comprising, amongst other limitations/features, moveable switch member that is moved by a manually elastic operating member with arm portions that form a fulcrum to bias the operating member between actuation and deactivation, a curved section, differing widths along the arm along with an auxiliary arm portion all part of a support body with an opening to allow the operating member to move. Though PETSRI et al. (US 20210252665 A1) & Hayashi et al. (US 20180068809 A1) teach a switch member with a moveable switch member activated by trigger arm the arm lacks the fulcrum, differing widths and auxiliary arm and is not part of a support body, it would not be obvious to modify cable system to modify the separate switch members to be part of a support body along with the fulcrum, differing widths and auxiliary arm without having to completely modify the tool housing switch members and electronic circuitry . Having the efficiency and biased arm provides an effective switching device that is simple to install and provides stronger connections for prolong elastic bias for the switch.
While various features of the claimed subject matter are found individually in the prior art, a skilled artisan would have to include knowledge gleaned only from the applicant's disclosure to combine or modify the teachings of the prior art to produce the claimed subject matter, and thus obviousness would not be proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). There is no teaching, suggestion, or motivation found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art to combine or modify the teachings of the prior art to produce the claimed invention, and thus obviousness would not be proper. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Additional prior art considered pertinent: US 5736703 A – pivoting switch with arm portions that pivot and see form 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT LONG whose telephone number is (571)270-3864. The examiner can normally be reached M-F, 9am-5pm, 8-9pm (EST).
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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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/ROBERT F LONG/Primary Examiner, Art Unit 3731
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