(A) The purpose of this class is to provide a search for subject matter directed to means for driving a tool and also reciting some feature relating to the tool, or reciting a combination of features peculiar to driving a tool which cause separate classification in the specific motor classes, and in the specific machine element and mechanism classes to be impractical, but which subject matter is of such general application in the tool arts that separate classification in each specific tool class is also impractical.
(B) The term, tool, as used in this class means primarily a work contacting element which functions to effect some physical alteration in the work, such as chipping or boring, but is also used to include other elements which are driven in the same manner as such a tool (e.g., a nail or post). It must be noted, however, as explained in the next paragraph, that a means which impacts a tool is not in itself, regarded as a tool.
(C) The term, impacting device, as used in this class defines a means including a mass of material (i.e., hammer head) which is specifically intended to deliver an impact or blow to a tool as defined in paragraph B and is not itself a tool but is defined as a species of means for driving a tool.
(D) This class, in accordance with the purpose of paragraph A, provides for an impacting device, as defined in paragraph C, or a means to actuate the hammer head of an impacting device, said impacting device or means to actuate said hammer head being claimed in combination with at least one of the following features relating to a tool as defined in paragraph B: (1) a nominally recited tool, (2) a means to retain or hold a tool to receive a blow, (3) a means to align a tool with respect to the hammer head to receive a blow, or (4) a means (anvil) situated between the hammer head and a tool and which is intended to transmit a blow from the hammer head to the tool.
(E.)This class also provides for a motor and/or a machine element or mechanism for driving a tool claimed in combination with one or more of the following: (1) a means for causing, controlling, or selectively preventing the advancing movement of a driven tool, (2) a cleansing means, i.e., a means for cleaning the area of tool operation or (3) a manipulating handle. In the absence of a separate drive
means, a means to cause, control or selectively prevent advance claimed in combination with a cleansing means will be classified in this class.
(F) This class also provides for processes of operating apparatus included under the class definition and not claiming any additional feature limiting the process to a particular art.
(G) This class also is intended to provide for subject matter in accordance with the purpose of paragraph A not specifically provided for in paragraphs D, E and F or excluded by paragraphs H and J. Examples of such subject matter are means for driving a tool combined with (1) a vehicle support for the drive, (2) work engaging means supporting the drive or (3) means to adjust the position of the axis of tool advance. This class also includes subcombinations of impacting device structure which are not elsewhere classifiable such as a specific means to transmit an impact from a hammer head to a tool. (H) This class is not intended to provide original classification for a claim having any specific recitation of (1) the work contacting portion of the tool, (2) plural, cooperating tools (e.g., angularly related tools), (3) and underlying work support opposed to the tool, or (4) any other specifically recited feature pointing to classification in a particular tool art and not provided for in this definition. An exception to (1) is that the recitation of the work contacting portion of the tool as being broadly provided with a cleansing fluid passage or port is not considered to define the work contacting portion of the tool with sufficient specificity to preclude classification from Class 173.
(J) Not all classes have been cleared of art such as defined herein. This class, therefore has only such art as is cleared from other classes. Section III of the class definition indicates those classes which have bodies of art in conflict with the definitions of this class.
LINES WITH OTHER CLASSES
If both the drive means and means to cause, control or selectively prevent advance comprise merely gear or mechanical motion elements as defined in Class 74, Machine Element or Mechanism, classification is in Class 74. However, if structure is claimed which goes beyond the scope of Class 74, such as specific motor structure, a vehicle support for the drive, work engaging support means or means to adjust the position of the axis of tool advance, classification is in Class 173.
A motor vehicle having a power take-off of general utility, but which may be described as for the purpose of driving a tool is classifiable in Class 180, Motor Vehicles, particularly subclasses 53.1+. Therefor, to be included under (1) in G above, the means for driving a tool must include a
structural feature of relationship which is peculiar to tool driving.
RELATIONSHIP TO SPECIFIC TOOL CLASSES
The claiming of specific work contacting tool structure in combination with subject matter of this class will cause original classification of the patent in the appropriate specific tool class, as will the claiming of plural, angularly related cooperating work contacting elements such as angularly related tools or a tool combined with an opposing support for the work. However, many of the specific tool classes have not been cleared as to original classification in accordance with this line, nor has complete cross-reference of subject matter been made. The classes which should be closely investigated when making a search for the subject matter provided for under this definition are as follows:
15, Brushing, Scrubbing, and General Cleaning
30, Cutlery
56, Harvesters
81, Tools 82, Turning
83, Cutting
125, Stone Working
142, Wood Turning
144, Woodworking
172, Earth Working
234, Selective Cutting (e.g., Punching)
408, Cutting by Use of Rotating Axially Moving Tool
433, Dentistry
451, Abrading
470, Threaded, Headed Fastener, or Washer Making: Process and Apparatus
MISCELLANEOUS SEARCH NOTES The Search Notes below include statements of the line with classes having closely related art.
REFERENCES TO OTHER CLASSES
SEE OR SEARCH CLASS
12, Boot and Shoe Making, appropriate subclass for machines and processes of operating machines for making boots and shoes.
15, Brushing, Scrubbing, and General Cleaning, appropriate subclass for a cleaning device, and particularly
3+, for cleaning machines, including in subclasses 300.1+ such machines with air blast and/or suction.
16, Miscellaneous Hardware,
110+, for handles, including handles described as for the purpose of manipulating tool drives, and including handles having vibration dampening or absorbing means. If the handle is claimed in combination with a mere named tool drive, classification will be in Class 173 only if features relating to control of or energy supply for the tool drive are claimed.
29, Metal Working, appropriate subclass for metal working apparatus, and processes of operating same, and particularly
700+, for assembling and disassembling apparatus. See subclasses 243.53+ for riveting apparatus not elsewhere classified.
30, Cutlery, appropriate subclass for hand operated cutting tools, or hand manipulated, power operated cutting tools, and particularly 272.1+, for cutting tools having blade moving means.
37, Excavating, appropriate subclass for excavating devices having drive means, and including vehicles having driven excavating elements.
56, Harvesters, appropriate subclass for driven harvesting devices, and generally comprising such devices which are advanced by a land vehicle as they operate.
60, Power Plants, appropriate subclasses for motors which may include a named type of tool as a load for the motor, and also for plural motors of diverse types. If one motor is described as a tool drive means and another as tool advance means, the patent will be classified in Class 173.
72, Metal Deforming,
429+, for apparatus for driving a metal deforming tool.
74, Machine Element or Mechanism, appropriate subclass for a mechanical motion transmitting means, and including such means even though separate elements thereof are described as operating the drive, and causing or controlling the advance
of a tool, such means merely being considered equivalent to mechanical movements or transmissions involving plural power paths. Class 74 also includes patents claiming a named type of motor, or plural named motors for imparting motion to a mechanical movement or transmission.
81, Tools, appropriate subclass for a drive device for an assembling tool, and particularly
463+, for an assembling tool with impact delivering means and subclasses 54+ for a machine wrench.
82, Turning, appropriate subclass for drive means and advance causing or controlling means used in a metal turning operation.
83, Cutting, appropriate subclass for a drive means or advance causing or controlling means used in a cutting operation. 91, Motors: Expansible Chamber Type, appropriate subclass for structure of a motor, or plural motors of that class. Class 91 includes a motor having a named type of tool as a load, however, a motor having impact device features as defined in section "D" of this definition a motor structure having a supplement specific passage to convey cleansing fluid to a tool, a motor described as for a tool drive and having specific structure of a manipulating handle, or plural motors, even though merely described as separately having feed and drive loads are classified in Class 173.
92, Expansible Chamber Devices, appropriate subclass for a device of that class for driving a tool. The line between Class 92 and Class 173 is the same as the line between Class 91 and Class 173.
104, Railways,
13+, for a railway track laying tamping tool, and subclass 17.1 for railway track laying spike drivers.
111, Planting, appropriate subclass for driven planting devices, and generally comprising such devices which are advanced by a land vehicle as they operate.
123, Internal-Combustion Engines, appropriate subclass for a motor of that type, even though a named type of tool is included as a load. The line between Class 123 and Class 173 is generally the same as between Class 91 and Class 173.
125, Stone Working, appropriate subclass for a drive means or advance causing or controlling means used in a stone working operation.
142, Wood Turning, appropriate subclass, for a drive means or advance causing or controlling means used in a wood turning operation.
144, Woodworking, for a drive means or advance causing or controlling means used in a woodworking operation.
172, Earth Working, appropriate subclass and particularly
35+, for a drive device for an earth working tool. Generally, such devices are advanced by a land vehicle as they operate. A described use as a drive for an agricultural earth working tool will cause classification in Class 172. 175, Boring or Penetrating the Earth, appropriate subclass for a tool drive means, advance causing or controlling means, impacting device or work cleansing means which is combined with specific structure of the work contacting portion of a tool, a fluid handling head adapted to seal in a bore entrance, or a bore wall engaging guide or packing device on the tool shaft, and
293+, for a below ground hammer or impact means, either combined with a specific earth boring tool or comprising a means forming a lost motion connection in a shaft or cable string, such means comprising relatively movable members which are provided with faces that impart each other to generate a "jar" which is transmitted by the rod or cable to a means connected thereto.
180, Motor Vehicles, appropriate subclass for a vehicle means which may be described as supporting a tool drive means, and particularly
53.1+, for a motor vehicle having a power take-off which may be described as for operating a tool driving or advancing means. If the power take-off does not include a structural feature or relationship that is more than of general utility, classification will be in Class 180.
181, Acoustics,
230, for mufflers, per se, specifically adapted to pneumatic type motors.
227, Elongated-Member-Driving Apparatus, appropriate subclasses for a driver combined with a magazine for members, e.g., nails, clenching anvil or work support which would preclude classification in Class 173.
241, Solid Material Comminution or Disintegration, appropriate subclass for a drive means combined with a comminuting or disintegrating means.
267, Spring Devices,
137, for a tool-movement-dampening spring device.
299, Mining or In Situ Disintegration of Hard Material, appropriate subclass and particularly 29+, for a machine having a specific tool described as for disintegrating hard material in situ. In general, claiming of specific tool structure is necessary to cause classification of a machine in Class 299, with the exception that Class 299 includes some large tunnel forming machines with material handling features and chain cutter driving, advancing and manipulating machines which do not necessarily recite specific tool structure.
310, Electrical Generator or Motor Structure, appropriate subclass for motor of that class, including such motors having a named type of tool as a load, and particularly
50, for a dynamo-electric motor for a portable hand tool.
318, Electricity: Motive Power Systems, appropriate subclass for plural motors including a named type of tool as a load, and particularly
39, for plural, diverse, or diversely controlled electric motors, in which such motors comprise work and feed motors.
404, Road Structure, Process, or Apparatus,
133.05+, for tamping means and see notes thereunder.
408, Cutting by Use of Rotating Axially Moving Tool, for (1) a tool-drive means combined with work-recognizing structure for use in the operation of that class (2) a tool-drive means combined with a specific tool of that class type, or (3) tool-drive means combined with significant "machine frame" structure generally limiting the drive to operation in a machine of that class. "Machine frame" structure is in addition, to the housing required to support the drive structure. Such "machine frame" structure may be significantly recited by physical limitations of the structure of by a named recitation of two or more parts of the structure including the interrelationship of the parts.
409, Gear Cutting, Milling, or Planing, appropriate subclasses for a drive means or advance causing means used in a gear cutting, milling, or planing operation.
415, Rotary Kinetic Fluid Motors or Pumps, appropriate subclass for a motor of that type for operating a tool, and particularly
904, for a tool drive turbine.
418, Rotary Expansible Chamber Devices, for rotary expansible chamber devices, per se, and see the Note to Class 91 above for a statement of the line between this class (173) and Class 91, the line between Classes 91 and 418 being the same. 433, Dentistry,
103+, for power-driven dental tools, especially subclasses 118+ for power operated plugging instruments.
451, Abrading,
64+, for a machine for performing an abrading function, which machine also includes a drive means or an advance causing or controlling means which is used in the abrading operation.
470, Threaded, Headed Fastener, or Washer Making: Process and Apparatus, appropriate subclasses for processes of operating machines for making articles of the class.
GLOSSARY:
ADVANCE
The forward movement of the tool into or along the work. Such movement is in addition to the drive movement (i.e., cyclic forward and backward or lateral motion of the tool). Included under this definition as apparatus functioning under the broad meaning of advance are means for causing, controlling, or selectively preventing the forward movement of the tool into or along the work.
CLEANSING
The act of removing matter resulting from the operation of the tool on the work.
CLEANSING FLUID A fluid which is adapted to perform a cleansing function upon work. Such a fluid may be solely described as performing some other function, such as cooling the work, so long as it is directed in such a manner as to inherently cleanse the work.
DRIVE
The motion of a tool which performs a function upon work. Impact is included under the definition of this term. Also, any means to cause the drive motion of a tool such as a motor, cooperating gearing or mechanical movement elements, or an impacting device.
HAMMER HEAD
The striking element of an impacting device.
IMPACTING DEVICE
A means including a mass of material (i.e., hammer head) which is specifically intended to deliver a blow to a tool. The mass of material need not necessarily strike the tool directly, but may deliver the blow through an intervening
element (e.g., anvil).
IMPACTING
A type of drive function which includes striking a mass of material (e.g., tool) with another mass of material (e.g., hammer head).
MANIPULATING
Moving the tool drive from one place to another to perform a function upon work. This movement is separate from or in addition to the advance movement of the tool. MANIPULATING HANDLE
A means specifically intended to be grasped by the hand or hands of an operator to move the tool drive, of which it forms a part, to different positions with respect to the work, and to be continually grasped by the operator as the tool advances in performing a function upon work.
MOTIVE FLUID
A fluid used to drive a motor, and including fluid taken from a stream supplying a motor, or from a stream exhausting from a motor. Fluid fuel for or fluid exhaust from a combustion motor is included under this definition.
TOOL
A work contacting element which functions to effect some physical alteration in the work, such as chipping or boring, but also includes other elements which are driven in the same manner as a tool such as a nail or post.
WORK
The object or mass of material which is contacted by the tool to be physically altered thereby.