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 .
Examiner’s Comments
This office action is in response to the application filed on 11/4/2025.
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 statement (IDS) submitted on 1/15/2026 is in
compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 (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 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 1-4 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being
anticipated by Bone (US 20030095842).
With regard to claim 1, Bone discloses a power tool (2) having a hammer mechanism (drill-driver), comprising: a tool holder (24) that extends along a driving axis defining a front-rear direction of the power tool (2), and includes a front end part that is configured to removably hold a tool accessory selected from various kinds of tool accessories; a motor (16) including an output shaft (20) that is rotatable around a first rotational axis; a driving mechanism (4) that is operably connected to the output shaft (20) and configured to linearly drive the tool accessory (28) held by the tool holder (24), along the driving axis when the motor (16) is driven; a tool body (12, 14) that extends along the driving axis (see fig.4) and houses the tool holder (24), the motor (16) and the driving mechanism (4); a handle (6) that is connected to the tool body (12,14) and includes a grip part (8,10) as seen in fig.3) extending in a first direction crossing the driving axis (X see fig.3); and an operation member (30, 32) that is provided on a front side of the grip part (6 see fig.2) and configured to be manually operated by a user to instruct start of the motor; wherein: the grip part (6 fig.2) has a first end (upper section from #30) that is closer to the tool body and a second end (lower section from #30) that is farther from the tool body, in the first direction; and the operation member (30,32) is arranged in a region of the grip part (6) that includes at least a center position of the grip part (as seen in fig.2) that is substantially equidistant from the first and second ends in the first direction (as seen in fig.2).
With regard to claim 2, Bone discloses the power tool (2) having a hammer mechanism (drill-driver), wherein the operation member (30,32) is arranged apart from the first and second ends of the grip part in the first direction (see fig.2).
With regard to claim 3, Bone discloses the power tool (2) having a hammer mechanism (drill-driver), wherein the operation member (30,32) is supported by the grip part (6) so as to be linearly slidable.
With regard to claim 4, Bone discloses the power tool (2) having a hammer mechanism (drill-driver), wherein the operation member (30, 32) extends from the first or second end of the grip part (6) at least to a position beyond the center position, in the first direction (fig.2).
With regard to claim 15, Bone discloses the power tool having a hammer mechanism(drill-driver), wherein the tool holder (24) is configured to receive a shank (20) protruding from a rear end of the tool accessory (28) and hold the shank so as to be slidable along the driving axis.
With regard to claim 16, Bone discloses the power tool having a hammer mechanism(drill-driver), wherein the handle (6) is connected to the tool body (8, 10) in a cantilever manner and has a free end (see fig.3).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over
Bone in view of Onose et al. (US 2011/0241456) hereinafter (Onose).
With regard to claim 5, Bone discloses the power tool (2) having a hammer mechanism (drill-driver), wherein the operation member (30, 32) is supported by the grip part (6) but does not disclose operation member to be rotatable around one end part of the operation member in a longitudinal direction. However, Onose teaches operation member (19, 219) rotatable around one end part of the operation member in a longitudinal direction. Thus, it would have been obvious to one having ordinary skill in the art at the time of filing to modify Bones operation member by alternatively providing rotatable/pivotable end part for the purpose operating the power tool.
Allowable Subject Matter
Claims 6-14 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.
With respect to claim 6, Bone fails to disclose the power tool having a hammer mechanism, wherein: the driving mechanism includes: (i) an intermediate shaft that is operably connected to the output shaft and rotated around a second rotational axis with rotation of the output shaft; and (ii) an oscillating member that is arranged on the intermediate shaft and oscillated in the front-rear direction with rotation of the intermediate shaft; and (iii) a piston that is operably connected to the oscillating member and linearly reciprocated along the driving axis with oscillation of the oscillating member; the driving axis, the first rotational axis and the second rotational axis are parallel to each other; and the handle protrudes from the tool body in a direction toward the second rotational axis.
With respect to claim 8, Bone fails to disclose the driving axis passes through the battery mounting part when the power tool is viewed from a second direction orthogonal to the front-rear direction and the first direction.
Conclusion
Refer to attachment for notice of references cited and recommended for
consideration based on their disclosure of limitations of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL C. CHUKWURAH whose telephone number is (571)272-4457. The examiner can normally be reached M-F & T-F 7-4:30 IFP.
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, Anna Kinsaul can be reached at 571-260-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NATHANIEL C CHUKWURAH/Primary Examiner, Art Unit 3731
6/30/2026
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