Prosecution Insights
Last updated: October 02, 2026
Application No. 17/051,216

OVERLOAD CONTROL IN A POWER TOOL

Final Rejection §102§103
Filed
Oct 28, 2020
Priority
Apr 17, 2019 — provisional 62/835,299 +1 more
Examiner
LAUGHLIN, CHARLES S
Art Unit
2846
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
MILWAUKEE ELECTRIC TOOL Corporation
OA Round
6 (Final)
76%
Grant Probability
Favorable
7-8
OA Rounds
0m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
303 granted / 396 resolved
+8.5% vs TC avg
Moderate +10% lift
Without
With
+9.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
25 currently pending
Career history
428
Total Applications
across all art units

Statute-Specific Performance

§101
2.8%
-37.2% vs TC avg
§103
53.2%
+13.2% vs TC avg
§102
32.9%
-7.1% vs TC avg
§112
9.6%
-30.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 396 resolved cases

Office Action

§102 §103
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 . 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) 11, 14, 16, 19, and 23 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Kawano et al. (US 2011/0148332). Regarding claim 11, Kawano discloses (Fig. 2): A method for overload control of a power tool (Fig. 2, all elements) , the method comprising: determining, using an electronic processor (Fig. 1, 23), a selected speed of the power tool (using 23, 32, 33, variable dial and resistor to set speed, ¶0075); setting, using the electronic processor (23), a present conduction angle of a triac (27) of the power tool (all elements, ¶0070) to an initial conduction angle corresponding to the selected speed (Fig. 2, 204); detecting, using a speed sensor (fig.1, 6), a speed of a motor (3) of the power tool determining, using the electronic processor (23), that the speed is decreasing (Fig. 2, steps 202-206, ¶0079); determining, using the electronic processor (Fig. 23), whether the present conduction angle is below a maximum conduction angle corresponding to the selected speed in response to the speed decreasing (¶0079); increasing, using the electronic processor (23), the present conduction angle when the present conduction angle is below the maximum conduction angle corresponding to the selected speed (¶0079) and in response to determining the speed is decreasing (¶0079, constant rotation control, 205); and maintaining, using the electronic processor (23), the present conduction angle at the maximum conduction angle corresponding to the selected speed when the present conduction angle is at or above the maximum conduction angle (¶0079-¶0081). Regarding claim 14, Kawano discloses (Fig. 2): wherein the speed is increased to maintain the selected speed (increases speed to get to set speed, ¶0079-¶0081). Regarding claim 16, Kawano discloses (Fig. 2): further comprising: determining a motor current (¶0084); and turning off the motor (Fig. 1, 3) when the motor current exceeds an overload current threshold (¶0084). Regarding claim 19, Kawano discloses (Fig. 2): further comprising implementing, using the electronic processor, a stepwise increase of the present conduction angle until the motor speed stabilizes to the selected speed while limiting the present conduction angle to the maximum conduction angle corresponding to the selected speed even when a load is increasing and the speed is decreasing (Fig. 8, slow start, ¶0012-¶0013. Regarding claim 23, Kawano discloses (Fig. 2): further comprising: determining that the selected speed is a maximum selectable speed; and setting the initial conduction angle and the maximum conduction angle to 100% in response to determining that the selected speed is the maximum selectable speed (¶0076). 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) 1, 4-9, 15, 17-18, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Kawano et al. (US 2011/0148332) in view of Woods et al. (US 2007/0097566). Regarding claim 1, Kawano discloses (Fig. 1): a power circuit (Fig.1 ,4) supplying operating power to the motor (3) through a triac (27, ¶0070); a speed sensor (6) configured to detect a speed of the motor (3, ¶0070); a speed selector (32, 33, variable dial and resistor to set speed, ¶0075); and an electronic processor (23) electrically coupled to the motor (¶0075), the triac (27), the speed sensor (6), and the speed selector (32, 33, microcontroller 23 is connected to all of these, ¶0070) and configured to determine, from the speed selector (32), a selected speed (¶0075, Fig. 2, steps 202), set a present conduction angle of the triac to an initial conduction angle corresponding to the selected speed (¶0076, step 203), determine that the speed is decreasing (Step 205, constant rotation control), determine whether the present conduction angle is below a maximum conduction angle corresponding to the selected speed in response to the speed is decreasing (Fig. 2, steps 202-206), increase the present conduction angle when the present conduction angle is below the maximum conduction angle corresponding to the selected speed (¶0079) and in response to determining the speed is decreasing (¶0079, constant rotation control, 205), and maintain the present conduction angle at the maximum conduction angle corresponding to the selected speed when the present conduction angle is at or above the maximum conduction angle (¶0079-¶0081). Kawano does not disclose: A power tool comprising: a housing; a motor within the housing; However, Woods teaches (Fig. 1): A power tool comprising (Fig.1 , all elements) : a housing (18); a motor (15) within the housing (18, ¶0031, ¶0033); Regarding claim 1, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the power tool system from Kawano that controls a power tool with speed and current control (¶0075) and utilize this in a housing as taught by Woods (¶0031-¶0033) in order to have a power tool with a housing and a cord to connect to AC power as taught by Woods (¶0031-¶0033). This would enable the power tool from Kawano to be integrated into a housing with a power cord as taught by Woods in order to be utilized more easily. Regarding claim 4, Kawano discloses (Fig. 1): wherein the speed is increased to maintain the selected speed (increases speed to get to set speed, ¶0079). Regarding claim 5, Kawano discloses the above elements from claim 1. Kawano does not disclose: further comprising one of a temperature sensor and a temperature estimator to provide a temperature indication to the electronic processor, wherein the electronic processor is further configured to turn off the motor when the temperature indication indicates that a temperature of the power tool is above a predetermined temperature threshold. However, Woods teaches (Fig. 1): further comprising one of a temperature sensor (Fig. 4, 410) and a temperature estimator (part of 430, Fig. 10A, ¶0119-¶0120) to provide a temperature indication to the electronic processor (410), wherein the electronic processor (410) is further configured to turn off the motor when the temperature indication indicates that a temperature of the power tool is above a predetermined temperature threshold (¶0113). Regarding claim 5, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the power tool system from Kawano that controls a power tool with speed and current control (¶0075) and utilize this in a housing as taught by Woods (¶0031-¶0033) in order to have a power tool with a housing and a cord to connect to AC power as taught by Woods (¶0031-¶0033). This would enable the power tool from Kawano to be integrated into a housing with a power cord as taught by Woods in order to be utilized more easily. Regarding claim 6, Kawano discloses (Fig. 1): wherein the electronic processor (fig. 1,2 3) is further configured to determine a motor current (¶0084); and turn off the motor when the motor current exceeds an overload current threshold (¶0084). Regarding claim 7, Kawano discloses the above elements from claim 1. Kawano does not disclose: further comprising a fan coupled to and rotating with an output shaft of the motor and is configured to provide cooling airflow to the motor and other components of the power tool. However, Woods teaches (Fig. 1): further comprising a fan coupled to and rotating with an output shaft of the motor and is configured to provide cooling airflow to the motor and other components of the power tool (¶0128, fan speed). Regarding claim 7, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the power tool system from Kawano that controls a power tool with speed and current control (¶0075) and utilize this in a housing as taught by Woods (¶0031-¶0033) in order to have a power tool with a housing and a cord to connect to AC power as taught by Woods (¶0031-¶0033). This would enable the power tool from Kawano to be integrated into a housing with a power cord as taught by Woods in order to be utilized more easily. Regarding claim 8, Kawano discloses (Fig. 1): having a mapping between a plurality of selectable speeds and a plurality of initial conduction angles and a plurality of maximum conduction angles (Figs. 3-4, conduction angle), wherein a first maximum conduction angle (Rotation value 1) corresponding to a first selectable speed of the plurality of selectable speeds is lower than a second maximum (rotation value 2) conduction angle corresponding to a second selectable speed of the plurality of selectable speeds (rotation angle speeds 1-4, ¶0077-¶0079). Kawano does not disclose: further comprising a memory storing a look-up table However, Woods teaches (Fig. 1): further comprising a memory (Fig. 4, 430) storing a look-up table (¶0048) Regarding claim 8, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the power tool system from Kawano that controls a power tool with speed and current control (¶0075) and utilize this in a housing as taught by Woods (¶0031-¶0033) in order to have a power tool with a housing and a cord to connect to AC power as taught by Woods (¶0031-¶0033). This would enable the power tool from Kawano to be integrated into a housing with a power cord as taught by Woods in order to be utilized more easily. Regarding claim 9, Kawano discloses (Fig. 1): wherein the electronic processor is configured to implement a stepwise increase of the present conduction angle until the motor speed stabilizes to the selected speed while limiting the present conduction angle to the maximum conduction angle corresponding to the selected speed even when a load is increasing and the speed is decreasing (Fig. 8, slow start, ¶0012-¶0013). Regarding claim 15, Kawano discloses the above elements from claim 11. Kawano does not disclose: further comprising: determining, using one of a temperature sensor and a temperature estimator, a temperature of the power tool; and turning off the motor when the temperature of the power tool is above a predetermined temperature threshold. However, Woods teaches (Fig. 1): further comprising: determining, using one of a temperature sensor (Fig. 4, 410) and a temperature estimator (part of 430, Fig. 10A, ¶0119-¶0120) a temperature of the power tool (¶0119-¶0120) and turning off the motor (Fig. 1, 3) when the temperature of the power tool is above a predetermined temperature threshold (¶0113). Regarding claim 15, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the power tool system from Kawano that controls a power tool with speed and current control (¶0075) and utilize this in a housing as taught by Woods (¶0031-¶0033) in order to have a power tool with a housing and a cord to connect to AC power as taught by Woods (¶0031-¶0033). This would enable the power tool from Kawano to be integrated into a housing with a power cord as taught by Woods in order to be utilized more easily. Regarding claim 17, Kawano discloses the above elements from claim 11. Kawano does not disclose: further comprising providing, using a fan coupled to and rotating with an output shaft of the motor, cooling airflow to the motor and other components of the power tool. However, Woods teaches (Fig. 1): further comprising providing, using a fan coupled to and rotating with an output shaft of the motor, cooling airflow to the motor and other components of the power tool (¶0128, fan speed). Regarding claim 17, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the power tool system from Kawano that controls a power tool with speed and current control (¶0075) and utilize this in a housing as taught by Woods (¶0031-¶0033) in order to have a power tool with a housing and a cord to connect to AC power as taught by Woods (¶0031-¶0033). This would enable the power tool from Kawano to be integrated into a housing with a power cord as taught by Woods in order to be utilized more easily. Regarding claim 18, Kawano discloses (Fig. 3): having a mapping between a plurality of selectable speeds and a plurality of initial conduction angles and a plurality of maximum conduction angles (Figs. 3-4, conduction angle), wherein a first maximum conduction angle (Rotation value 1) corresponding to a first selectable speed of the plurality of selectable speeds is lower than a second maximum (rotation value 2) conduction angle corresponding to a second selectable speed of the plurality of selectable speeds (rotation angle speeds 1-4, ¶0077-¶0079). Kawano does not disclose: further comprising storing, using a memory, a look-up table However, Woods teaches (Fig. 1): further comprising storing, using a memory (Fig. 4, 430),a look-up table (¶0048) Regarding claim 18, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the power tool system from Kawano that controls a power tool with speed and current control (¶0075) and utilize this in a housing as taught by Woods (¶0031-¶0033) in order to have a power tool with a housing and a cord to connect to AC power as taught by Woods (¶0031-¶0033). This would enable the power tool from Kawano to be integrated into a housing with a power cord as taught by Woods in order to be utilized more easily. Regarding claim 21, Kawano discloses (Fig. 3): wherein the electronic processor is further configured to determine that the selected speed is a maximum selectable speed; and set the initial conduction angle and the maximum conduction angle to 100% in response to determining that the selected speed is the maximum selectable speed (¶0076). Claim(s) 10, 20, 22, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Kawano et al. (US 2011/0148332) and Woods et al. (US 2007/0097566) as applied to claims 9, 10, 19, and 20, above, and further in view of Horie et al. (US 2014/0042839). Regarding claim 10, Kawano discloses (Fig. 2): wherein once the maximum conduction angle is reached (Fig. 2, step 206), Kawano and Woods do not disclose: the speed decreases until the power tool is turned off based on detecting a lock state of the motor. However, Horie teaches: the speed decreases until the power tool is turned off based on detecting a lock state of the motor (¶0080-¶0083). Regarding claim 10, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the power tool system from Kawano that controls a power tool with speed and current control (¶0075) and utilize this in a housing in order to have a power tool with a housing and a cord to connect to AC power as taught by Woods (¶0031-¶0033). This would enable the power tool from Kawano to be integrated into a housing with a power cord in order to be utilized more easily. It would have been further obvious to one of ordinary skill in the art to take the above combination from Woods and Kawano and use the method of control from Horie that reduces the conduction angle when the motor gets loaded or locked to prevent overheating or damage as taught by Horie (¶0083). Regarding claim 20, Kawano discloses (Fig. 2): wherein once the maximum conduction angle is reached (Fig. 2, step 206), Kawano and Woods do not disclose: the speed decreases until the power tool is turned off based on detecting a lock state of the motor. However, Horie teaches: the speed decreases until the power tool is turned off based on detecting a lock state of the motor (¶0080-¶0083). Regarding claim 20, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the power tool system from Kawano that controls a power tool with speed and current control (¶0075) and utilize this in a housing in order to have a power tool with a housing and a cord to connect to AC power as taught by Woods (¶0031-¶0033). This would enable the power tool from Kawano to be integrated into a housing with a power cord in order to be utilized more easily. It would have been further obvious to one of ordinary skill in the art to take the above combination from Woods and Kawano and use the method of control from Horie that reduces the conduction angle when the motor gets loaded or locked to prevent overheating or damage as taught by Horie (¶0083). Regarding claim 22, Kawano and Woods disclose the above elements from claim 10. Kawano and Woods do not disclose: wherein the electronic processor is configured to set the present conduction angle of the triac to 0% when the lock state of the motor is detected. However, Horie teaches: wherein the electronic processor is configured to set the present conduction angle of the triac to 0% when the lock state of the motor is detected (¶0083). Regarding claim 22, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the power tool system from Kawano that controls a power tool with speed and current control (¶0075) and utilize this in a housing in order to have a power tool with a housing and a cord to connect to AC power as taught by Woods (¶0031-¶0033). This would enable the power tool from Kawano to be integrated into a housing with a power cord in order to be utilized more easily. It would have been further obvious to one of ordinary skill in the art to take the above combination from Woods and Kawano and use the method of control from Horie that reduces the conduction angle when the motor gets loaded or locked to prevent overheating or damage as taught by Horie (¶0083). Regarding claim 24, Kawano and Woods disclose the above elements from claim 20. Kawano and Woods do not disclose: wherein the electronic processor is configured to set the present conduction angle of the triac to 0% when the lock state of the motor is detected. However, Horie teaches: wherein the electronic processor is configured to set the present conduction angle of the triac to 0% when the lock state of the motor is detected (¶0083). Regarding claim 24, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the power tool system from Kawano that controls a power tool with speed and current control (¶0075) and utilize this in a housing in order to have a power tool with a housing and a cord to connect to AC power as taught by Woods (¶0031-¶0033). This would enable the power tool from Kawano to be integrated into a housing with a power cord in order to be utilized more easily. It would have been further obvious to one of ordinary skill in the art to take the above combination from Woods and Kawano and use the method of control from Horie that reduces the conduction angle when the motor gets loaded or locked to prevent overheating or damage as taught by Horie (¶0083). Response to Arguments Applicant's arguments filed 6/2/26 have been fully considered but they are not persuasive. Regarding applicant’s arguments pertaining to independent claim 11, applicant argues that Kawano fails to disclose (1) “determining, using the electronic processor, that the speed is decreasing.” 2) "determining, using the electronic processor, whether the present conduction angle is below a maximum conduction angle corresponding to the selected speed in response to the speed decreasing," 3) "increasing, using the electronic processor, the present conduction angle when the present conduction angle is below the maximum conduction angle corresponding to the selected speed and in response to determining the speed is decreasing." In response to 1) – 3), applicant points to fig. 2 and to ¶0079 to show how Kawano does not disclose these claimed features, however, in Fig. 2, 206 explicitly shows if the current angle is greater than the overcurrent conduction angle which would be the maximum. So 206 already teaches the limitation of a present conduction angle below a maximum conduction angle. Furthermore, step 205, constant rotation speed control, also teaches if the speed is decreasing because in ¶0079 Kawano teaches “Next, the microcomputer 23 performs a phase control for maintaining the rotation speed of the motor 3 constant by monitoring the rotation speed of the motor 3 which is detected by the rotation speed sensor 6 and the rotation speed signal amplification circuit 5 and controlling the gate signal input to the triac 27 to increase the conduction angle thereof when the rotation speed of the motor 3 is lower than the target rotation speed and to reduce the conduction angle thereof when the rotation speed of the motor 3 is higher than the target rotation speed (Step 205).” This explicitly teaches how the conduction angle is increased when the speed is lower than the target speed but also stays below the maximum conduction angle in 206. The arguments from claim 1 are the same as claim 11 and will not be repeated. As such, examiner is maintaining the rejection of claims 1, 4-11, and 14-24. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES S LAUGHLIN whose telephone number is (571)270-7244. The examiner can normally be reached Monday - Friday. 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, Eduardo Colon-Santana can be reached at 571-272-2060. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /C.S.L./Examiner, Art Unit 2837 /KAWING CHAN/Primary Examiner, Art Unit 2837
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Prosecution Timeline

Show 18 earlier events
Jul 04, 2025
Response after Non-Final Action
Nov 05, 2025
Response after Non-Final Action
Jan 29, 2026
Request for Continued Examination
Feb 09, 2026
Response after Non-Final Action
Mar 04, 2026
Non-Final Rejection mailed — §102, §103
Apr 20, 2026
Interview Requested
Jun 02, 2026
Response Filed
Sep 16, 2026
Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

7-8
Expected OA Rounds
76%
Grant Probability
86%
With Interview (+9.6%)
3y 0m (~0m remaining)
Median Time to Grant
High
PTA Risk
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