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 .
Examiner’s Comments
This office action is in response to the application filed on 11/5/2025.
Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/5/2025 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 1-7 and 12-17 are rejected under 35 U.S.C. 102(a)(1) as being
anticipated by ISHIKAWA et al. (US 201700557064) hereinafter (Ishikawa).
With regard to claim 1, Ishikawa discloses an impact rotary tool (10) comprising: a motor (4) configured to cause a rotary shaft (12) to rotate; an output shaft (11) to which a tip tool is attachable; a hit portion (anvil Par 0169, line 2) configured to rotate together with the output shaft (11); a speed reducing mechanism (5) configured to decelerate rotation (Par 0050, lines 1-2) of the rotary shaft and transmit rotation that has been decelerated to the output shaft (11); and an impact mechanism (7) including a hammer member (Par 0169) that rotates in response to the rotation of the rotary shaft and hits the hit portion (anvil Par 0169, line 2), and the impact mechanism (7) being disposed between the speed reducing mechanism (5) and the motor (4).
With regard to claim 2, Ishikawa discloses an impact rotary tool (10), wherein the impact mechanism (7) and the speed reducing mechanism (5) are arranged to be adjacent to each other.
With regard to claim 3, Ishikawa discloses an impact rotary tool (10), further comprising: a body case housing the motor (2), the output shaft (11), the hit portion (anvil 0169, line 2), the speed reducing mechanism (5), and the impact mechanism (7) and an inner cover unit (as seen in fig.1) housed in the body case and covering the speed reducing mechanism (5 fig.1) and the impact mechanism.
With regard to claim 4, Ishikawa discloses an impact rotary tool (10), wherein the inner cover unit (fig.1) rotates in response to the rotation of the rotary shaft (12).
With regard to claim 5, Ishikawa discloses an impact rotary tool (10), wherein the inner cover unit (see fig.1) is fixed to the body case (2).
With regard to claim 6, Ishikawa discloses an impact rotary tool (10), wherein the inner cover unit (6) is constituted by multiple members assembled together (inherent).
With regard to claim 7, Ishikawa discloses an impact rotary tool (10), further comprising a lubricant (hydraulic oil, Par 0046) filled inside the inner cover unit (9).
With regard to claim 12, Ishikawa discloses an impact rotary tool (10), further comprising: a body case (2) housing the motor (4), the output shaft (19), the hit portion (anvil), the speed reducing mechanism (5), and the impact mechanism (7); and an inner cover unit (6) housed in the body case (2) and covering the speed reducing mechanism (5) and the impact mechanism (7).
With regard to claim 13, Ishikawa discloses an impact rotary tool (10), wherein the inner cover unit (6) is constituted by multiple members assembled together (not shown).
With regard to claim 14, Ishikawa discloses an impact rotary tool (10), wherein the inner cover unit (6) is constituted by multiple members assembled together (not shown).
With regard to claim 15, Ishikawa discloses an impact rotary tool (10), further comprising a lubricant filled (7) inside the inner cover unit.
With regard to claim 16, Ishikawa discloses an impact rotary tool (10), further comprising a lubricant filled inside the inner cover unit (6).
With regard to claim 17, Ishikawa discloses an impact rotary tool (10), further comprising a lubricant filled inside the inner cover unit (6).
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.
Claims 9-11 and 20 are rejected under 35 U.S.C. 103 as being
unpatentable over Ishikawa in view of Maurer (US 4287956).
With regard to claim 9, Ishikawa discloses the impact rotary tool, but does not disclose, wherein the hammer member has a shape of a hollow cylinder and is provided with an insertion hole into which the hit portion is inserted, and the hammer member is provided with a communicating portion for connecting an inner surface and outer surface of the hammer member.
Maurer teaches the impact rotary tool (10), wherein the hammer member (25) has a shape of a hollow cylinder (see fig.9) and is provided with an insertion hole into which the hit portion (20) is inserted, and the hammer member (25) is provided with a communicating portion for connecting an inner surface and outer surface of the hammer member (25).
In view of Maurer teachings, it would have been obvious to one having ordinary skill in the art at the time of filing to modify the hammer of Ishikawa with a shape of a hollow cylinder with an insertion hole into which the hit portion is inserted, and the hammer member is provided with a communicating portion for connecting an inner surface and outer surface of the hammer member in order to swing in respect to the carrier member as the hammer member(s) rotate(s) with the carrier member, and carries forward and reverse impact jaws on its internal surface (Abtract).
With regard to claim 10, Ishikawa discloses the impact rotary tool, but does not disclose, wherein a first groove and a second groove, into which a first cam pin and a second cam pin fixed to the inner cover unit are respectively inserted, are provided for the hammer member, the first groove is formed to have a width larger than a diameter of the first cam pin, the hammer member is allowed to swing around the second cam pin inserted into the second groove within a range that the first cam pin is allowed to move within the first groove, and a recess portion is provided for the inner cover unit in an area that faces the first groove in a direction intersecting with an axial direction of the output shaft.
Maurer teaches the impact rotary tool (10), wherein a first groove and a second groove (22, 24), into which a first cam pin and a second cam pin (16 fig.9) fixed to the inner cover unit (14) are respectively inserted, are provided for the hammer member (25), the first groove (22) is formed to have a width larger than a diameter of the first cam pin (16), the hammer member (19) is allowed to swing around the second cam pin (16 fig.9) inserted into the second groove (24) within a range that the first cam pin (16) is allowed to move within the first groove (22), and a recess portion is provided for the inner cover unit (14) in an area that faces the first groove (22) in a direction intersecting with an axial direction of the output shaft (19). In view of Maurer teachings, it would have been obvious to one having ordinary skill in the art at the time of filing to modify the hammer of Ishikawa with a first groove and a second groove, into which a first cam pin and a second cam pin fixed to the inner cover unit are respectively inserted, are provided for the hammer member, the first groove is formed to have a width larger than a diameter of the first cam pin, the hammer member is allowed to swing around the second cam pin inserted into the second groove within a range that the first cam pin is allowed to move within the first groove, and a recess portion is provided for the inner cover unit in an area that faces the first groove in a direction intersecting with an axial direction of the output shaft in order to provide a "swinging weight" impact wrench mechanism having a hammer member means which is substantially free of tensional stresses during impact (col. 2, lines 30-32).
With regard to claim 11, Ishikawa discloses the impact rotary tool, but does not disclose, wherein a pair of the hit portions are respectively provided in positions symmetrical with respect to a rotational axis of the output shaft, the impact mechanism includes a pair of the hammer members correspond one to one to the pair of the hit portions, and each of the pair of the hammer members hits, in response to rotation of the motor, a corresponding one of the pair of the hit portions. Maurer teaches the impact rotary tool (10), wherein a pair of the hit portions (25) are respectively provided in positions symmetrical (fig.1) with respect to a rotational axis of the output shaft (19), the impact mechanism includes a pair of the hammer members (25 fig.1) correspond one to one to the pair of the hit portions, and each of the pair of the hammer members hits, in response to rotation of the motor (see motor shaft #11), a corresponding one of the pair of the hit portions. In view of Maurer teachings, it would have been obvious to one having ordinary skill in the art at the time of filing to modify the hammer of Ishikawa with a pair of the hit portions are respectively provided in positions symmetrical with respect to a rotational axis of the output shaft, the impact mechanism includes a pair of the hammer members correspond one to one to the pair of the hit portions, and each of the pair of the hammer members hits, in response to rotation of the motor, a corresponding one of the pair of the hit portions in order to provide a "swinging weight" impact wrench mechanism having a hammer member means which is substantially free of tensional stresses during impact (col. 2, lines 30-32).
With regard to claim 20, modified Ishikawa discloses the impact rotary tool (10), wherein a first groove and a second groove (Maurer 22, 24), into which a first cam pin and a second cam pin (16 fig.9 Maurer) fixed to the inner cover unit (6) are respectively inserted, are provided for the hammer member, the first groove is formed to have a width larger (see Maurer fig.9) than a diameter of the first cam pin, the hammer member (Maurer fig.9) is allowed to swing around the second cam pin inserted into the second groove within a range that the first cam pin is allowed to move within the first groove, and a recess portion is provided for the inner cover unit in an area that faces the first groove in a direction intersecting with an axial direction of the output shaft (19 Maurer fig.9).
Allowable Subject Matter
Claims 8 and 18-19 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 regard to claim 8, Ishikawa discloses an impact rotary tool, but fails to further comprising a sealing member for sealing the inner cover unit.
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.
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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
7/1/2026
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