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 .
Status of Claims
Receipt is acknowledged of claims filed on 03/30/2026, which has been placed of record and entered in the file.
Status of the claims:
Claims 1-20 are pending for examination.
Information Disclosure Statement
Receipt is acknowledged of an Information Disclosure Statement, filed 03/30/2026, which has been placed of record in the file. An initialed, signed and dated copy of the PTO-1449 or PTO-SB-08 form is attached to this Office action.
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.
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 pre-AIA the applicant regards as the invention.
Regarding claim 1, the claim recites the limitation "an engagement portion that is provided on an inner wall surface of the split outer wall member”. Claim 1 previously recites only “a pair of split outer wall members.” There is insufficient antecedent basis for “the split outer wall member” in the singular. It is unclear whether the engagement portion is on one particular member of the pair, on either member, or on both members. For examination purposes, the limitation is interpreted as “an inner wall surface of at least one of the pair of split outer wall members.”
Regarding claim 1, the claim recites the limitation "a grip portion that is provided on the rear-end portion to be held by a user”. The only prior recitation of a rear-end portion is “a rear-end portion of the driving body,” in the rear-end side housing limitation. If read literally, the grip portion is therefore provided on the rear-end portion of the driving body which conflicts with the rest of the claim and the specification. Notably, claim 1 makes the grip portion part of the diving body housing (“a driving body housing, including:…a grip portion), and that housing moves relative to the driving body. However, the specification describes grip portion 18 as connected to the rear-end side housing 16, not to the driving body 11 ([0143]). Because the claim can reasonably be read either way, the metes and bounds of the claim are unclear. For examination purposes, the limitation is interpreted as “a grip portion that is provided on a rear-end portion of the driving body housing.”
Regarding claim 2, the claim recites the limitation "shaft-like member”. The term shaft-like extends the scope of the claim to members that resemble a shaft in some unspecified way, which renders the claim indefinite. The specification does not provide a standard for ascertaining the requisite degree of what qualifies as “shaft-like”, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For examination purposes, the limitation is interpreted as “shaft”.
Regarding claims 3 and 12, the claim recites the limitation "the tubular member constitutes the other end of the elastic mechanism”. Claim 1 recites “the other end portion” of the elastic mechanism, not “the other end”. It is unclear whether “the other end” refers to the “other end portion” of claim 1 or to a different structure.
Regarding claim 7, the claim recites the limitation "a plurality of the elastic mechanisms are provided on both sides of the grip portion”. Claim 1 recites only “an elastic mechanism” therefore, there is insufficient antecedent basis for the “elastic mechanisms” in the plural.
Regarding claim 10, the claim recites the limitation "wherein a rotational axis of the motor extends in the up-down direction along with the grip portion”. It is unclear whether this phrase requires: (A) that the motor axis is parallel to the grip portions extension direction, (B) that the motor axis lies within or alongside the grip portion, or (c)that the motor axis and grip portion are coextensive. For examination purposes, the limitation is interpreted as option (A).
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 6, and 14-15 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 6 depends from claim 3 and recites that “the tubular member is arranged in the elastic mechanism while receiving the elastic force of the elastic element.” Claim 1 already requires an elastic mechanism that includes an elastic element generating an elastic force in the front-rear direction and applying that force to the driving body at one end portion and to the driving body hosing at the other end portion. Claim 3 already requires that the tubular member constitutes the other end of the elastic mechanism and that the engagement portion is engaged with the tubular member which necessarily receives the elastic force of the elastic element. The recitation in claim 6 therefore does not further limit the subject matter of claim 3.
Claim 14 depends, through claim 4, from claim 3. Claim 3 already requires that “the elastic mechanism includes a tubular member,” which places the tubular member in the elastic mechanism; that the tubular member moves “in contact with an end of the elastic element;” and that the tubular member “constitutes the other end of the elastic mechanism”. Claim 1 in turn requires the elastic mechanism to apply “the elastic force to the driving body housing at the other end portion”. A tubular member that forms the force-transmitting end of the elastic mechanism and contacts the elastic element necessarily receives the elastic force of that element. Claim 14 therefore adds no further limitation.
Claim 15 depends on 5 and recites that “the tubular member is arranged in the elastic mechanism while receiving the elastic force of the elastic element.”. Claim 1 already requires the elastic mechanism to apply the elastic force of the elastic element to the driving body housing at the other end portion of the elastic mechanism and claim 3 and 5 already requires the tubular member to constitute that other end portion (or to be received within the groove of the engagement portion). The recitation of claim 15 therefore does not further limit the subject matter of claim 5. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-3, 6-10, 12, 16-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Takeuchi et al. (US 20150266176 A1) in view of Takeuchi et al. (US 20240017390 A1; Hereinafter Takeuchi 390’).
Regarding claim 1, Takeuchi discloses a power tool (100) having a hammer mechanism (“electric hammer 100”), comprising:
a driving body (103), including a tool mounting portion (131) on a front end and to which a tool accessory (119) that is driven in a front-rear direction and strikes a workpiece is mounted ([0032]), and
a driving mechanism (see at least 103A and motor 110) that includes a motor (110) and drives the tool accessory (119), the driving mechanism being arranged rearward of the tool mounting portion (131; Figs. 1-5);
a driving body housing (105), including: a rear-end side housing that is formed by a pair of split outer wall members (105A, 105B) that can be separated in a dividing direction orthogonal to the front-rear direction (Figs. 1 and 4; [0051], [0055]-[0056]), and houses at least a rear-end portion of the driving body (103); and
a grip portion (109) that is provided on the rear-end portion to be held by a user ([0055]), wherein the driving body housing (105) is connected to the driving body (103) to move in the front-rear direction relative to the driving body (Figs. 1-3, and 7-8 and [0058], and [0071]);
a guide member (215) that guides movement of the driving body housing (105) relative to the driving body (103) in the front-rear direction, the guide member (215) being fixed to the driving body (103) along the front-rear direction within the driving body housing (105; Fig. 4) and connected to the driving body housing so as to allow the driving body housing to be movable in the front-rear direction (Figs. 7-8; and [0059]-[0060]);
an elastic mechanism (219) that is arranged within the rear-end side housing (proximate grip 109) and includes an elastic element (219; compression coil spring) that generates an elastic force in the front-rear direction by elastically deforming when the driving body moves in the front-rear direction relative to the driving body housing ([0058]-[0060]), and applies the elastic force to the driving body (103) at one end portion of the elastic mechanism in the front-rear direction, while applying the elastic force to the driving body housing (105) at the other end portion (Figs. 7-8 and [0058]-[0060]);
Takeuchi does not disclose an engagement portion that is provided on an inner wall surface of the split outer wall member and configured to be engaged with the other end portion of the elastic mechanism.
Takeuchi 390’ discloses a hammer tool (1A) with an outer housing (6A) and tool body (5A), wherein the outer housing (6A) slide relative to tool body (5A) against compression springs 81A ([0057]; “the springs 81A each bias the tool body 5A and the outer housing 6A away from each other in the front-rear direction”). The outer housing has a rear wall (611) with an engagement portion (612). ([0057]; “A rear end portion of each of the springs 81A is fitted and supported onto each of spring receivers 612 (projections) that are provided on an inner surface of a rear wall 611 of the outer housing 6A”). Takeuchi 390’ further discloses that the outer housing may include an upper portion and a lower portion tat are separately formed from each other ([0126]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tool of Takeuchi by seating the rear end of each spring on an engagement portion formed on the inner wall surface of split covers as taught by Takeuchi 390’ spring receivers, in order to transmit the spring force directly to the vibration-isolated outer housing and reduce the number of separated parts. The springs would be captured when the split covers are assembled, simplifying assembly. This is the use of a known technique to improve a similar device in the same way, yielding predictable results. Furthermore, forming the spring seat integrally with the housing rather than with a separately attached part is also an obvious matter of design choice.
Takeuchi as modified further teaches (All references are directed to Takeuchi unless as otherwise stated):
Regarding claim 2, wherein: the guide member (215) is a shaft-like member (Fig. 7); and the elastic element (219) is a coil spring that is arranged around an outer periphery of the guide member (215) and configured to generate the elastic force by expanding and contracting in the front-rear direction ([0060]; “The compression coil spring 219 is arranged to surround the outside of the guide shaft 215”).
Regarding claim 3, wherein: the elastic mechanism includes a tubular member (217), the tubular member (217) having a bore through which the guide member (215) is inserted (Figs. 7-8), and being configured to move along the guide member (215) in contact with an end of the elastic element (219); the tubular member (217) constitutes the other end of the elastic mechanism (the rear part); and the engagement portion (612 of Takeuchi 390 as modified) is engaged with the tubular member (217) of the elastic mechanism (in the combination as applied to claim 1, the engagement portion is formed on inner wall covers 105A/105B (per ‘390, spring receivers 612) holds the housing-side end of the elastic mechanism, which in Takeuchi is slide cylinder 217. It would have been obvious to have the covers inner wall engagement portion engage slide cylinder 217 directly, in order to transmit the spring force from the tubular end member to the vibration-isolated housing with fewer separate parts.
Regarding claim 6, wherein the tubular member (217) is arranged in the elastic mechanism (217 is part of spring assembly and the other axial end of spring 219 is supported by slide cylinder 217) while receiving the elastic force of the elastic element (Figs. 7-8).
Regarding claim 7, wherein: the grip portion (109) has a columnar structure extending in an up-down direction orthogonal to the front-rear direction and a left-right direction orthogonal to the front-rear direction, at a center of the power tool (100) in the left-right direction (Fig. 4); and a plurality of the elastic mechanisms (springs, 219) are provided on both sides of the grip portion in the left-right direction (Fig. 4).
Regarding claim 8, wherein: at least four such elastic mechanisms (shafts 215 and springs 219; Fig. 4) are provided; and at least two of the elastic mechanisms (219) are arranged in the up-down direction on each of both sides of the grip portion in the left-right direction (Fig. 4).
Regarding claim 9, wherein: the grip portion (109) has a columnar structure extending in an up-down direction orthogonal to the front-rear direction and a left-right direction orthogonal to the front-rear direction (Fig. 4); and the tool accessory (119), the motor (110) and the grip portion (109) are arranged to overlap each other when viewed in the front-rear direction (Fig. 5).
Regarding claim 10, wherein a rotational axis of the motor (110) extends in the up-down direction along with the grip portion (109; Fig. 5).
Regarding claim 12, wherein: the elastic mechanism includes a tubular member (217), the tubular member (217) having a bore (217a) through which the guide member (215) is inserted (Fig. 7), and being configured to move along the guide member (215) in contact with an end of the elastic element (219); the tubular member (217) constitutes the other end of the elastic mechanism; and the engagement portion (612 of Takeuchi 390) is engaged with the tubular member of the elastic mechanism (217 of Takeuchi as modified).
Regarding claim 14, wherein the tubular member (217) is arranged in the elastic mechanism while receiving the elastic force of the elastic element (219; Figs. 7-8).
Regarding claim 16, wherein: the grip portion (109) has a columnar structure extending in an up-down direction orthogonal to the front-rear direction and a left-right direction orthogonal to the front-rear direction (Fig. 4), at a center of the power tool in the left-right direction; and a plurality of the elastic mechanisms (213, 215, and/or 219) are provided on both sides of the grip portion in the left-right direction (Figs. 4, 7-8).
Regarding claim 17, wherein: the grip portion (109) has a columnar structure extending in an up-down direction orthogonal to the front-rear direction and a left-right direction orthogonal to the front-rear direction (Fig. 4), at a center of the power tool in the left-right direction; and a plurality of the elastic mechanisms (213, 215, and/or 219) are provided on both sides of the grip portion in the left-right direction (Figs. 4, 7-8).
Regarding claim 20, wherein: the grip portion (109) has a columnar structure extending in an up-down direction orthogonal to the front-rear direction and a left-right direction orthogonal to the front-rear direction (Fig. 4), at a center of the power tool in the left-right direction; and a plurality of the elastic mechanisms (213, 215, and/or 219) are provided on both sides of the grip portion in the left-right direction (Figs. 4, 7-8).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Takeuchi et al. (US 20150266176 A1) in view of Takeuchi et al. (US 20240017390 A1; Hereinafter Takeuchi 390’), in further view of Takeuchi et al. (US 20170106518 A1; Hereinafter Takeuchi 518’).
Regarding claim 11, modified Takeuchi discloses the invention recited in claim 1 but does not explicitly disclose a battery mounting portion to which a battery for supplying power to the motor is mounted is provided on the driving body housing.
However, Takeuchi 518’ discloses a power tool (100) further comprising: a battery mounting portion (160a) to which a battery (170) for supplying power to the motor is mounted is provided on the driving body housing (Figs. 1-3).
Therefore, it would have been obvious to one with ordinary skill in the art before the effective filling date of the claimed invention to have modified the power tool, as disclosed by modified Takeuchi, providing a battery mounting pat for mounting a battery, as taught by Takeuchi 518’, in order to allow the motor to be powered by a removable battery pack and thereby operate the tool without a cord.
Allowable Subject Matter
Claim 4-5,13-15 and 18-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims. The prior art on record, alone or in combination, doe not teach or render obvious a power tool in which the elastic mechanism includes a tubular member that slides along the guide member and constitutes the other end portion of the elastic mechanism, wherein the engagement portion on the inner wall surface of the split outer wall member defines groves of substantially cross-section that opens in the dividing direction, and the engagement portion is configured to engage with the tubular member by receiving the tubular member within the groove in the dividing direction, wherein an engaged portion of the tubular member that is engaged with the engagement portion has substantially the same length in the front-rear direction as the length of the engagement portion in the front-rear direction.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS E IGBOKWE whose telephone number is (571)272-1124. The examiner can normally be reached on M-F 8 a.m. - 5 p.m..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Kinsaul can be reached on (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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/NICHOLAS E IGBOKWE/Examiner, Art Unit 3731
/ANDREW M TECCO/Primary Examiner, Art Unit 3731
