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 .
Summary
This communication is a First Office Action Non-Final Rejection on the merits.
Claim(s) 1-12 is/are currently pending and considered below.
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(s) 12 is/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 pre-AIA the applicant regards as the invention.
Regarding claim 12, introduction of “wherein an opening of the transmission cover is less than or substantially equal to an opening of the intermediate shaft” renders the claim indefinite because “opening” is not a quality that can be measured (as opposed to a length of an opening), and, therefore, one opening cannot be less than or equal to another opening. For the purposes of examination, the openings are construed as lengths of said openings.
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.
(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) 1-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Herr (US 2019/0291258 A1).
Regarding claim 1, Herr discloses a hand-held power tool comprising:
a housing (72a);
a drive motor (26a) comprising a drive shaft (14a);
a transmission (16a including 42a and 50a) driven by the drive shaft, the transmission comprising:
a transmission housing (74a);
a transmission cover (44a/52a); and
a ring gear (46a);
an intermediate shaft (18a) driven by the transmission;
a bearing device (32a/46a/50a/48a) and for bearing the intermediate shaft, wherein the transmission is configured to form the bearing device; and
a tool holder (86a) configured to hold an insertion tool (para 24).
Regarding claim 2, Herr discloses the hand-held power tool according to claim 1, wherein the bearing device comprises an axial bearing device (48a) formed at least partially, between the intermediate shaft and the transmission cover (Fig. 2).
Regarding claim 3, Herr discloses the hand-held power tool according to claim 2, wherein the axial bearing device is formed at least partially axially between the intermediate shaft and the transmission cover (Fig. 2).
Regarding claim 4, Herr discloses the hand-held power tool according to claim 2, wherein the axial bearing device comprises at least one bearing element formed circumferentially towards the drive shaft (Fig. 2).
Regarding claim 5, Herr discloses the hand-held power tool according to claim 4, wherein the at least one bearing element is arranged radially between the drive shaft and the ring gear (Fig. 2).
Regarding claim 6, Herr discloses the hand-held power tool according to claim 4, wherein the axial bearing device comprises at least one bearing receptacle configured to receive the at least one bearing element (receptacle area that receives 48a, Fig. 2).
Regarding claim 7, Herr discloses the hand-held power tool according to claim 4, wherein the axial bearing device comprises at least one further bearing element (32a), wherein the at least one bearing element is arranged radially between the drive shaft and the at least one further bearing element (Fig. 2).
Regarding claim 8, Herr discloses the hand-held power tool according to claim 1, wherein the bearing device comprises a radial bearing device (46a/50a/48a) formed at least partially between the intermediate shaft and the ring gear (Fig. 2).
Regarding claim 9, Herr discloses the hand-held power tool according to claim 8, wherein the radial bearing device formed at least partially radially between the intermediate shaft and the ring gear (Fig. 2).
Regarding claim 10, Herr discloses the hand-held power tool according to claim 8, wherein:
the transmission further comprises at least one planetary gear (50a), and the at least one planetary gear and the ring gear are configured to form the radial bearing device (Fig. 2).
Regarding claim 11, Herr discloses the hand-held power tool according to claim 1, wherein:
the transmission further comprises a planet carrier flange (94a) and a planetary gear (50a), and at least one width of the planet carrier flange is less than or substantially equal to at least one width of the planetary gear (the thickness—or a width—of 126a, which is a part of 94a, is less than the thickness—or a width—of 130a, which is a part of 50a).
Regarding claim 12, Herr discloses the hand-held power tool according to claim 1, wherein an opening of the transmission cover is less than or substantially equal to an opening of the intermediate shaft (see 112(b) rejection above; the axial length/depth of the opening holding 32a is shorter than the axial length/depth of the intermediate shaft 18a holding output spindle 15a; see Figs. 2 and 7);
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure (See PTO-892 Notice of References Cited).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Himchan Song whose telephone number is (571)272-4142. The examiner can normally be reached M-Th 9:00 a.m. - 4:30 p.m.
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) 270-1926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HIMCHAN SONG/Examiner, Art Unit 3731
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