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 action is in response to the application filed on 11/28/25.
Claims 1-11 are pending and have been examined.
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 11/28/25 and 04/08/26 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 § 112
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.
Claim 10 is 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.
In claim 10, the limitation of “a spacer” renders the claim indefinite in that it is unclear id said “spacer” refer to the spacing component of claim 1 or if it’s an additional component. The language appears to suggest that the spacer is a different component form the “spacing component” of claim 1. However, with the specification, it appears that the “spacer” refer to the same “spacing component” of claim 1. For the purposes of examination, the “spacer” will be interpreted as the “spacing component”.
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.
Claim(s) 1-4 and 6-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Herr et al. (2021/0252680).
Regarding claim 1, Herr discloses a hand-held power tool, comprising: a housing (Fig. 1) with a power unit (motor 114); a percussion mechanism (122) configured to be driven by the power unit; a tool holder (150, 158) configured to receive an insertion tool (140), wherein the tool holder is further configured to be driven by the percussion mechanism, at least partially; and a spacing component (160; Figs. 1 and 5) configured to space the insertion tool away from the housing (Fig. 1).
Regarding claim 2, Herr discloses wherein the spacing component (160) is further configured to be attached to the tool holder (Fig. 2).
Regarding claim 3, Herr discloses wherein the spacing component (160) has a receptacle (162) configured to receive the tool holder (Fig. 2).
Regarding claim 4, Herr discloses wherein: the tool holder (158) comprises a transition section (i.e. the section in contact with 162; Fig. 2), and the receptacle (162) is configured to be arranged on the transition section (Fig. 2).
Regarding claim 6, Herr discloses wherein the receptacle (162) comprises a polygonal section (163; Fig. 2).
Regarding claim 7, Herr discloses wherein the receptacle (162) comprises a cylindrical section (Fig. 3).
Regarding claim 8, Herr discloses wherein the spacing component (160) comprises a contact element (168) configured to receive the insertion tool (144; Fig. 5).
Regarding claim 9, Herr discloses wherein the spacing component (160, 162) is arranged to be spaced apart from the housing or the percussion mechanism at the tool holder (158; via support 180; Fig. 5).
Regarding claim 10, Herr discloses a spacer (162).
Regarding claim 11, Herr discloses wherein the power unit (motor 114) is located within the housing (Fig. 1).
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(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herr et al. (2021/0252680).
Regarding claim 5, Herr discloses a hand-held power tool comprising a tool holder (150, 158) with a transition section (i.e. the section engaging 162; Fig. 5), but fails to disclose wherein the transition section has a radius in the range of 3 mm to 8 mm. It would have been obvious to one having ordinary skills in the art before the effective filing date of the claimed invention to select a radius within the claimed range of 3 mm to 8 mm, as a matter of design choice. The radius would have been dependent upon such considerations as manufacturing preferences, stress distribution, and dimensional constraints of the tool holder. Applicant has not identified that the claimed range for the radius of the transition section provides an advantage or solves any stated problem. One of ordinary skills in the art would have expected the claimed radius to perform equally well as shown by Herr because both transition radius perform the same function of connecting a spacing component to a tool holder.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE LOPEZ whose telephone number is (571)272-4464. The examiner can normally be reached Monday thru Friday 8:30 am to 4:30 pm.
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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) 270 - 1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHELLE LOPEZ/ Primary Examiner, Art Unit 3731
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