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 June 9th 2026 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 Objections
3. Claims 4 and 16 are objected to because of the following informalities:
Claim 4 recites the phrase “…the at least one press button type switch is disposed at at least one of an outer side of the motor housing…” should be replaced with “…the at least one press button type switch is disposed at least one of an outer side of the motor housing…”.
Claim 16 recites the phrase “…the switch unit is disposed at at least one of an outer side of the motor housing…” should be replaced with “…the switch unit is disposed at least one of an outer side of the motor housing…”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
4. 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.
5. Claim(s) 1-5, 7, 9 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aoki (US 2019/0168371)
Regarding claim 1, Aoki discloses a power tool (100) comprising:
a motor (53);
a spindle (51) configured to use power from the motor (53) to drive a tip tool (91) to oscillate around a drive axis (A1) defining an up-down direction of the power tool (100; para. [0047]);
an inner housing (3) housing the motor (53; Fig. 3), the inner housing (3) extending in a front-rear direction of the power tool (100) orthogonal to the drive axis (A1; para. [0052]; Fig. 3);
an outer housing (2) housing the inner housing (3; Fig. 3); and
at least one press button type switch (296, 261) configured to switch the motor (53) on and off in accordance with a manual operation by a user (para. [0052]).
Reading claim 2, Aoki discloses wherein when one end portion of the spindle (51) to which the tip tool (91) is attached is defined as a lower side (see annotated diagram 1 below) of the power tool (100) in the up-down direction (Fig. 2), and the other side is defined as an upper side (see annotated diagram 1 below; Fig. 2), the at least one press button type switch (296) is disposed further to the upper side (see annotated diagram 1 below) than a center axis (see annotated diagram 1 below) of the inner housing (3; Fig. 2).
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Diagram 1
Regarding claim 3, Aoki discloses wherein when one end portion of the inner housing (3) in which the spindle (51) is housed is defined as a front side (21) in the front-rear direction (Fig. 3), and the opposite side is defined as a rear side (23; Fig. 3), the at least one press button type switch (296) is disposed further to the front side (21) than a center point (see annotate diagram 1 above) of the inner housing (3) in the front-rear direction (Figs. 2 and 3).
Regarding claim 4, Aoki discloses wherein the inner housing (3) includes a motor housing (383) housing the motor (53; para. [0071]), and a front housing (381) connected to a front end of the motor housing (383; Fig. 2), and housing the spindle (51; para. [0056]; Fig. 3), and the at least one press button type switch (296, 261) is disposed at at least one of an outer side of the motor housing (383; Fig. 2) or an outer side of the front housing, in a radial direction centering on a center axis (see annotated diagram 1 above) of the inner housing (3; Fig. 2).
Regarding claim 5, Aoki discloses wherein when one end portion of the inner housing (3) in which the spindle (51) is housed is defined as a front side (21) in the front-rear direction (Fig. 3), and the opposite side is defined as a rear side (23), the at least one press button type switch (261) is disposed further to the rear side (21) than the front housing (381; Figs. 2 and 3).
Regarding claim 7, Aoki discloses wherein the at least one press button type switch (296) includes a first switch (29) and a second switch (294) different from the first switch (29; Fig. 2).
Regarding claim 9, Aoki discloses wherein the inner housing (3) includes a motor housing (383) housing the motor (53; para. [0071]; Figs. 2 and 3), a front housing (381) connected to a front end of the motor housing (383; Fig. 3), and housing the spindle (51; para. [0051]), a rear housing (332) including a battery attachment portion (331) to which a battery (93) is attachable (para. [0060]; Fig. 2), and an elastic coupling portion (37) extending in the front-rear direction (Fig. 5), and elastically coupling a rear end of the motor housing (383) and a front end of the rear housing (332) to each other (Fig. 12).
Regarding claim 10, Aoki discloses further comprising: (i) a front elastic member (71) elastically coupling the front housing (381) and the outer housing (2; para. [0090]); and (ii) a rear elastic member (371) elastically coupling the rear housing (332) and the outer housing (2; para. [0086]).
Claim Rejections - 35 USC § 103
6. 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.
7. Claim 6, 12, 14-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Aoki (US 2019/0168371) in view of Yueda (US 2022/0021065 A1).
Regarding claim 6, Aoki discloses the at least one press button (296, 261) connected to a controller (4), and the inner housing (3) and the outer housing (2; Fig. 3).
Aoki fails to disclose further comprising: a lead wire electrically connecting the at least one press button type switch to a controller configured to control driving of the motor, wherein the lead wire is disposed between the inner housing and the outer housing.
However, Yueda teaches a lead wire (87A) electrically connecting a press button type switch (65, 69) to a controller (52; para. [0065]).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the inner and outer housing of Aoki, with the lead wire of Yueda, in order to provide protective, movement restrictive housing.
Regarding claim 12, Aoki discloses a power tool (100) comprising:
a motor (53);
a spindle (51) configured to use power from the motor (53) to drive a tip tool (91) to oscillate around a drive axis (A1) defining an up-down direction of the power tool (100; para. [0047]);
an inner housing (3) housing the motor (53; Fig. 3), the inner housing (3) extending in a front-rear direction of the power tool (100) orthogonal to the drive axis (A1; para. [0052]; Fig. 3);
an outer housing (2) housing the inner housing (3; Fig. 3); and
an operation portion (296, 261) configured to be operable by a user (para. [0052]);
a switch (29) configured to switch the motor (53) on and off in accordance with an operation of the operation portion (296, 261; para. [0052]); and
Aoki fails to disclose a lead wire electrically connecting the switch and a controller configured to control driving of the motor, wherein the lead wire is disposed between the inner housing and the outer housing.
However, Yueda teaches a lead wire (87A) electrically connecting (65, 69) and a controller (52; para. [0065]).
It would have been obvious to one having ordinary skill in the art, at the time the invention was filed, to modify the inner and outer housing of Aoki, with the lead wire of Yueda, in order to provide protective, movement restrictive housing.
Regarding claim 13, Aoki disclose further comprising: a switch unit (29, 296, 261) including the operation portion (296, 261) and the switch (29; Figs, 2 and 3).
Regarding claim 14, Aoki discloses wherein when one end portion of the spindle (51) to which the tip tool (91) is attached is defined as a lower side (see annotated diagram 1 above) of the power tool (100) in the up-down direction (Fig. 2), and the other side is defined as an upper side (see annotated diagram 1 above; Fig. 2), the switch unit (29, 296, 261) is disposed further to the upper side (see annotated diagram 1 above) than a center axis (see annotated diagram 1 above) of the inner housing (3; Fig. 2).
Regarding claim 15, Aoki discloses wherein when one end portion of the inner housing (3) in which the spindle (51) is housed is defined as a front side (21) in the front-rear direction (Fig. 3), and the opposite side is defined as a rear side (23; Fig. 3), the switch unit (29, 296, 261) is disposed further to the front side (21) than a center point (see annotate diagram 1 above) of the inner housing (3) in the front-rear direction (Figs. 2 and 3).
Regarding claim 16, Aoki discloses wherein the inner housing (3) includes a motor housing (383) housing the motor (53; para. [0071]), and a front housing (381) connected to a front end of the motor housing (383; Fig. 2), and housing the spindle (51; para. [0056]; Fig. 3), and the switch unit (29, 296, 261) is disposed at at least one of an outer side of the motor housing (383; Fig. 2) or an outer side of the front housing, in a radial direction centering on a center axis (see annotated diagram 1 above) of the inner housing (3; Fig. 2).
Regarding claim 17, Aoki discloses wherein when one end portion of the inner housing (3) in which the spindle (51) is housed is defined as a front side (21) in the front-rear direction (Fig. 3), and the opposite side is defined as a rear side (23), the switch unit (29, 296, 261) is disposed further to the rear side (21) than the front housing (381; Figs. 2 and 3).
Regarding claim 18, Aoki discloses wherein the switch unit (29, 296, 261) includes a first switch (29, 296) and a second switch (261) different from the first switch (29, 296; Fig. 2).
Regarding claim 20, Aoki discloses wherein the switch unit (29, 296) is provided at one location of the outer housing (2; Figs. 2 and 3).
Allowable Subject Matter
8. Claims 8 and 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.
Regarding claim 8, Aoki (US 2019/0168371) is the most relevant prior art.
Aoki discloses the motor (53) includes a motor shaft (531) configured to rotate around a motor rotation axis (A2), and the drive axis (A1).
Aoki fails to disclose 8. The power tool according to claim 1, wherein the motor includes a motor shaft configured to rotate around a motor rotation axis, and the motor rotation axis is orthogonal to the drive axis.
It would not have been obvious to modify Aoki with the aforementioned limitation because that would require a 90-degree rotation of Aoki’s motor. This rotation would impact the mechanical movement of the part situated proximate the motor, rendering the tool part inoperable.
Regarding claim 19, Aoki (US 2019/0168371) is the most relevant prior art.
Aoki discloses the motor (53) includes a motor shaft (531) configured to rotate around a motor rotation axis (A2), and the drive axis (A1).
Aoki fails to disclose 8. The power tool according to claim 1, wherein the motor includes a motor shaft configured to rotate around a motor rotation axis, and the motor rotation axis is orthogonal to the drive axis.
It would not have been obvious to modify Aoki with the aforementioned limitation because that would require a 90-degree rotation of Aoki’s motor. This rotation would impact the mechanical movement of the part situated proximate the motor, rendering the tool part inoperable.
Conclusion
9. 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.
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/EYAMINDAE C JALLOW/Primary Examiner, Art Unit 3731
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