DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on
11/21/25 is in compliance with the provisions of 37 CFR 1.97 and 1.98. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 112
3. 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
4. Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the phrase “…a dial assembly partially positioned within the housing…” This claim is deemed indefinite because it is unclear whether the dial assembly is positioned within the housing or not.
Claim 9 recited the phrase “…the dial circuit board has a substantially circular profile...". This claim is deemed indefinite because it is unclear whether or not the circuit board is circular or not.
Claim 10 recites the phrase “…a dial assembly partially positioned within the housing…” This claim is deemed indefinite because it is unclear whether the dial assembly is positioned within the housing or not.
Claim 16 recited the phrase “…the dial circuit board has a substantially circular profile...". This claim is deemed indefinite because it is unclear whether or not the circuit board is circular or not.
Claim 17 recites the phrase “…a dial assembly partially positioned within the housing…” This claim is deemed indefinite because it is unclear whether the dial assembly is positioned within the housing or not.
Allowable Subject Matter
5. Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Regarding claim 1, the most relevant prior art is Suda et al. (US 2012/0169256; “Suda”).
Suda discloses a power tool (10) comprising:
a housing (14) including a motor housing portion (16) and a handle portion (13) extending from the motor housing portion (16; Fig. 1);
a motor (30) within the motor housing portion (16; para. [0114]);
a trigger (18) located on a front side of the handle portion (13; Fig. 1), the trigger (18) moveable axially along a trigger axis (para. [0116]); and
a dial assembly (19, 20) partially positioned within the housing (14) above the trigger (18; Fig. 1), the dial assembly (19, 20) configured to change an operational characteristic of the power tool (10; para. [0117]-[0118]), the dial assembly (19, 20) including:
a dial (19) rotatable about a dial axis orthogonal to the trigger axis (Fig. 1).
Suda fails to disclose the dial including a magnet aperture, a magnet coupled to the dial, the magnet rotatable with the dial, and a dial circuit board including a non-contact sensor configured to generate a signal representative of an orientation of the magnet.
It would not have been obvious to modify Suda with the aforementioned limitation because Suda is not constructed for magnetic use. The addition of a magnet to Suda’s tool would interfere with the operation of the motor.
Regarding claim 10, the most relevant prior art is Suda et al. (US 2012/0169256; “Suda”).
Suda discloses a power tool (10) comprising:
a housing (14; Fig. 1);
a motor (30) within the housing (14; para. [0114]);
a trigger (18) moveable axially along a trigger axis (para. [0116]); and
a dial assembly (19, 20) partially positioned within the housing (14), the dial assembly (19, 20) configured to change an operational characteristic of the power tool (10; para. [0117]-[0118]), the dial assembly (19, 20) including:
a dial (19) rotatable about a dial axis orthogonal to the trigger axis (Fig. 1).
Suda fails to disclose a magnet coupled to the dial, the magnet rotatable with the dial, and a dial circuit board including a non-contact sensor configured to generate a signal representative of an orientation of the magnet.
It would not have been obvious to modify Suda with the aforementioned limitation because Suda is not constructed for magnetic use. The addition of a magnet to Suda’s tool would interfere with the operation of the motor.
Regarding claim 17, the most relevant prior art is Suda et al. (US 2012/0169256; “Suda”).
Suda discloses a power tool (10) comprising:
a housing (14; Fig. 1);
a motor (30) within the housing (14; para. [0114]);
a trigger (18) for activating the motor (30; para. [0116]); and
a dial assembly (19, 20) partially positioned within the housing (14), the dial assembly (19, 20) configured to change an operational characteristic of the power tool (10; para. [0117]-[0118]), the dial assembly (19, 20) including:
a dial (19) rotatable about a dial axis;
Suda fails to disclose the dial including a magnet coupled to the dial, the magnet rotatable with the dial, and a non-contact sensor configured to generate a signal representative of an orientation of the magnet.
It would not have been obvious to modify Suda with the aforementioned limitation because Suda is not constructed for magnetic use. The addition of a magnet to Suda’s tool would interfere with the operation of the motor.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EYAMINDAE JALLOW whose telephone number is (571)270-1927. The examiner can normally be reached on Monday-Thursday from 7:30am-5:00pm and alternating Fridays from 7:30am-4:00pm. 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.
11. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://portal.uspto.gov/external/portal. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/EYAMINDAE C JALLOW/Primary Examiner, Art Unit 3731
Prosecution Insights