Prosecution Insights
Last updated: April 19, 2026
Application No. 17/751,091

ELECTRIC WORK MACHINE

Non-Final OA §103§112
Filed
May 23, 2022
Examiner
DAVIES, SAMUEL ALLEN
Art Unit
3724
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Makita Corporation
OA Round
3 (Non-Final)
37%
Grant Probability
At Risk
3-4
OA Rounds
3y 11m
To Grant
67%
With Interview

Examiner Intelligence

Grants only 37% of cases
37%
Career Allow Rate
164 granted / 448 resolved
-33.4% vs TC avg
Strong +30% interview lift
Without
With
+30.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
31 currently pending
Career history
479
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
45.1%
+5.1% vs TC avg
§102
18.6%
-21.4% vs TC avg
§112
33.9%
-6.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 448 resolved cases

Office Action

§103 §112
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on May 20, 2025 has been entered. Specification The amendment filed May 20, 2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: Claim 2, lines 26-34, “in a case in which the soft no-load rotation control is disabled via the setting switch … (ii) use either a first distinct group or a second distinct group among multiple distinct groups of rotational speeds to determine the actual rotational speed of the motor before the actual rotational speed reaches the preset speed based on whether the first desired speed or the second desired speed is set via the setting switch” [emphasis added]. Note: the claim recitation of “preset speed” is associated with “a case in which the soft no-load rotation control is enabled.” Claim 6, lines 25-33, “in a case in which the soft no-load rotation control is disabled via the setting switch … (ii) use either a first distinct group or a second distinct group among multiple distinct groups of rotational speeds to determine the actual rotational speed of the motor before the actual rotational speed reaches the preset speed based on whether the first desired speed or the second desired speed is set via the setting switch” [emphasis added]. Claim 15, lines 22-34, “in a case in which the soft no-load rotation control is disabled via the setting switch … (ii) use either a first distinct group or a second distinct group among multiple distinct groups of rotational speeds to determine the actual rotational speed of the motor before the actual rotational speed reaches the preset speed based on whether the first desired speed or the second desired speed is set via the setting” [emphasis added]. Applicant is required to cancel the new matter in the reply to this Office Action. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL — The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 2, 6-9 and 11-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 2, lines 26-34, “in a case in which the soft no-load rotation control is disabled via the setting switch … (ii) use either a first distinct group or a second distinct group among multiple distinct groups of rotational speeds to determine the actual rotational speed of the motor before the actual rotational speed reaches the preset speed based on whether the first desired speed or the second desired speed is set via the setting switch” [emphasis added]. According to para. 0033, lines 14-23 of Applicant’s disclosure, “[t]he soft no-load rotational speed is preset and relatively low. That is, when enabled, the soft no-load rotation control suppresses an increase in the actual rotational speed of the motor 50 until the load is imposed on the motor 50. This suppresses a vibration of the electric work machine 10 and/or a reaction force from a workpiece (for example, wood material) when the user determines a position of the electric work machine 10 with respect to the workpiece. Accordingly, the user can easily determine the position of the electric work machine 10 with respect to the workpiece. In the present embodiment, the soft no-load rotation control corresponds to one example of the preset control in the Overview of Embodiments” [emphasis added]. The emphasized language highlighted above provides support for the claim recitation of “preset speed” and is associated with “a case in which the soft no-load rotation control is enabled.” The disclosure does not appear to provide an explanation relating the “preset speed” with “a case in which the soft no-load rotation control is disabled.” Claim 6, lines 25-33, “in a case in which the soft no-load rotation control is disabled via the setting switch … (ii) use either a first distinct group or a second distinct group among multiple distinct groups of rotational speeds to determine the actual rotational speed of the motor before the actual rotational speed reaches the preset speed based on whether the first desired speed or the second desired speed is set via the setting switch” [emphasis added]. Claim 6 shares the same issues as those set forth in claim 2. Claim 15, lines 22-24, “in a case in which the soft no-load rotation control is disabled via the setting switch … (ii) use either a first distinct group or a second distinct group among multiple distinct groups of rotational speeds to determine the actual rotational speed of the motor before the actual rotational speed reaches the preset speed based on whether the first desired speed or the second desired speed is set via the setting” [emphasis added]. Claim 15 shares the same issues as those set forth in claim 2. Applicant is required to cancel the new matter in the reply to this Office Action. 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 2, 6-9 and 11-15 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 2, lines 26-34, “in a case in which the soft no-load rotation control is disabled via the setting switch … (ii) use either a first distinct group or a second distinct group among multiple distinct groups of rotational speeds to determine the actual rotational speed of the motor before the actual rotational speed reaches the preset speed based on whether the first desired speed or the second desired speed is set via the setting switch” [emphasis added]. In the case in which the soft no-load rotation control is disabled, it is unclear what value or range is included within the scope of “before the actual rotational speed reaches the preset speed” because the recitation of “preset speed” is associated with “a case in which the soft no-load rotation control is enabled.” For purposes of examination, this limitation will be interpreted as “before the actual rotation speed reaches a rotational speed corresponding to the preset speed when soft no-load rotation control is enabled.” Claim 6, lines 25-33, “in a case in which the soft no-load rotation control is disabled via the setting switch … (ii) use either a first distinct group or a second distinct group among multiple distinct groups of rotational speeds to determine the actual rotational speed of the motor before the actual rotational speed reaches the preset speed based on whether the first desired speed or the second desired speed is set via the setting switch” [emphasis added]. In the case in which the soft no-load rotation control is disabled, it is unclear what value or range is included within the scope of “before the actual rotational speed reaches the preset speed” because the recitation of “preset speed” is associated with “a case in which the soft no-load rotation control is enabled.” Claim 15, lines 22-34, “in a case in which the soft no-load rotation control is disabled via the setting switch … (ii) use either a first distinct group or a second distinct group among multiple distinct groups of rotational speeds to determine the actual rotational speed of the motor before the actual rotational speed reaches the preset speed based on whether the first desired speed or the second desired speed is set via the setting” [emphasis added]. In the case in which the soft no-load rotation control is disabled, it is unclear what value or range is included within the scope of “before the actual rotational speed reaches the preset speed” because the recitation of “preset speed” is associated with “a case in which the soft no-load rotation control is enabled.” Applicant is required to cancel the new matter in the reply to this Office Action. 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. As best understood, claims 2, 7, 9 and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ito et al (JP2018-202568), herein referred to as Ito, in view of Dey et al (US Publication 2016/0342151), herein referred to as Dey, Kato (US Publication 2015/0042254), herein referred to as Kato-254, Kusakawa (US Publication 2015/0042247), Suzuki (JP2015-188981), Kato (US Publication 2019/0111550), herein referred to as Kato-550. Regarding claim 2, Ito discloses an electric work machine (e.g., electric tool 10 in fig. 1 or electric tool 110 in fig. 13) comprising: a motor (30) configured to drive a tool (14) that is attached to the electric work machine (translation, page 3, lines 34-37); a drive switch (22) configured to be manually moved by a user of the electric work machine so as to drive the motor (translation, page 4, lines 25-28 and lines 32-33); a setting switch (16) configured to execute a first setting function (i.e., setting desired speed; translation, page 4, lines 4-8) and a second setting function (i.e., turning soft no-load rotation control on or off; translation, page 5, lines 30-36), the first setting function setting a first desired speed or a second desired speed of the motor (translation, page 4, lines 16-24), the second setting function enabling or disabling a soft no-load rotation control (translation, page 5, lines 30-36), the soft no-load rotation control being set as to increase a rotational speed of the motor from a preset speed (fig. 6, “S2”) in accordance with a detection of a load on the motor (translation, page 5, lines 20-26); and a control circuit (36) configured to in a case in which the soft no-load rotation control is enabled via the setting switch (16), (i) maintain the actual rotational speed at the preset speed in response to the actual rotational speed reaching the preset speed (translation, page 5, lines 20-22, “[a]s shown in FIG. 6, the soft no-load function is a function in which the motor 30 is driven at a speed (S2) slower than the target speed (S1) until an external load is applied to the tool 14”), and (ii) increase the actual rotational speed from the preset speed in response to a load on the motor being detected (translation, page 5, lines 22-23), and maintain the actual rotational speed at the first desired speed or the second desired speed (i.e., the target speed S1 as established by first setting function of setting switch 16) in response to the actual rotational speed reaching the first desired speed or the second desired speed that has been set via the setting switch (translation, page 5, lines 22-23), and in a case in which the soft no-load rotation control is disabled (translation, page 5, lines 38-40) via the setting switch (translation, page 5, lines 30-36), motor (30) is driven at target speed (S1) before an eternal load is applied to tool (14) (translation, page 5, lines 38-40). • Ito fails to disclose the control circuit is configured to vary the actual rotation speed of the motor in accordance with the actual moved distance of the trigger, such that: in the case in which the soft no-load rotation control is enabled via the setting switch: (i) an actual rotational speed of the motor is varied in accordance with an actual moved distance of the drive switch, (ii) increase the actual rotational speed from the preset speed in accordance with the actual moved distance in response to the load on the motor being detected, and maintain the actual rotational speed at the first desired speed or the second desired speed in response to the actual rotational speed reaching the first desired speed or the second desired speed that has been set via the setting switch, and (iii) use a first group of rotational speeds to determine the actual rotational speed of the motor before the actual rotational speed reaches the preset speed regardless of whether the first desired speed or the second desired speed is set via the setting switch, the first group of rotational speeds corresponding to moved distances of the drive switch and being included in first correspondence data, and in the case in which the soft no-load rotation control is disabled via the setting switch: (i) vary the actual rotational speed in accordance with the actual moved distance in a manner at least partly distinct from a variation in the actual rotational speed in the case in which the soft no-load rotation control is enabled, and (ii) use either a first distinct group or a second distinct group among multiple distinct groups of rotational speeds to determine the actual rotational speed of the motor before the actual rotational speed reaches the preset speed based on whether the first desired speed or the second desired speed is set via the setting switch, the first and second distinct groups of rotational speeds corresponding to the moved distances of the drive switch and being included in second correspondence data, the first distinct group corresponding to the first desired speed and the second distinct group corresponding to the second desired speed, each of the first distinct group of rotational speeds and the second distinct group of rotational speeds being at least partly distinct from the first group of rotational speeds. However, the following teaching is pertinent to the aforementioned limitations: A. Ito teaches an alternative embodiment (fig. 13) of an electric power tool (jigsaw 110) in which “the positions and structures of the lock switch 20 and the drive switch 22 are mainly changed [and] the drive switch is a trigger type 22,” translation page 8, lines 39-41. This suggests a trigger type switch is a known and suitable alternative for the simple push button drive switch described in the preceding embodiment. Additionally, Ito states in page 5, lines 26-29 of the translation, “[t]he slow speed (S2) described above may be a fixed value or may be changed according to the target speed (S1). When the set target speed (S1) is lower than the slow speed (S2), the motor 30 is driven at the target speed (S1) before the external load is applied to the tool. May be” [emphasis added]. As noted above on page 7 of the present Office Action, Ito discloses target speed (S1) may be varied via setting switch (16). Thus, the teaching of Ito suggests slow speed (S2) may be a common value for all of available target speeds (S1) that can be selected by setting switch (16). B. Dey (US Publication 2016/0342151) teaches it is known in the art of electric work machines for “the controller 226 [to drive] the motor 214 at the user’s selected speeds regardless of the amount depression of the trigger 212, as long as the trigger 212 is at least partially depressed. In other words, the speed of the motor 214 does not vary based on the amount of depression of the trigger 212. In other embodiments, the user-selected speeds … are treated as maximum speed values. Accordingly, in these embodiments, the speed of the motor 214 varies based on the amount of depression of the trigger 212, but the controller 226 ensures that the motor 214 does not exceed the user-selected speeds for the various stages.” C. Kato-254 (US Publication 2015/0042254) teaches it is known in the art of electric work machines with a soft no-load control to provide variations of motor speed control that may or may not be dependent upon a pulling amount of a drive switch (i.e., trigger 7). Kato-254 teaches in para. 0070, lines 1-7, “[v]arious approaches of driving the motor 9 under the loaded condition (i.e., when the soft no-load control is invalidated) are considered. For example, the motor 9 may be driven at a predetermined rotational speed (e.g., PWM duty 100%) higher than the above-described predetermined low rotational speed employed during the soft no-load control being executed.” This variation is similar to the control of Ito, where the tool is driven to selected speed (S2) from lower speed (S1) after a load is detected. Conversely, Kato-254 teaches in para. 0069, “[w]hen the motor loaded condition is detected after startup of the motor 9, the soft no-load control is cancelled… the motor 9 is driven by the PWM duty corresponding to the pulling amount of the trigger 7. Accordingly, the rotational speed of the motor 9 increases as the pulling amount of the trigger becomes larger.” Thus, Kato-254 establishes it is known to use either of manner of controlling the speed of the motor. D. Kusakawa (US Publication 2015/0042247) teaches it is known in the art of electric work machines (e.g., jigsaws) to include a control circuit configured to control a motor thereof, wherein according to para. 0085, “[i]f the no-load control is set to be valid, the target number of rotations is set to one of the above-described two numbers of rotations depending on whether the motor is in the unloaded state or in the loaded state regardless of the pull operation amount of the trigger 7 [corresponding to soft no-load motor control being enabled]. On the contrary, if the no-load control is set to be invalid, the target number of rotations (duty ratio) is set according to the pull operation amount of the trigger 7 regardless of whether the motor is in the unloaded state or in the loaded states (and with no determination thereof) [corresponding to soft no-load motor control being disabled].” The teaching of Kusakawa suggests it is known in the art of electric work machines to include at least one mode where the control circuit varies the actual rotation speed of the motor based on the pulling amount of the trigger during operation. E. Kato-550 teaches it is known in the art of electric work machines to provide a control circuit (80) thereof with look up tables that include Pulse Width Modulation (PWM) values for operating the motor that represent actual rotation speeds of the motor corresponding to a first desired speed, a second desired speed, etc., as well as speeds correlating to trigger pull amounts (fig. 4B). Kato-550 teaches it is known for the memory (92) to store multiple motor control modes by which a controller can operate the motor. For example, Kato-550 teaches the modes include a variety PWM duty values (i.e., maps) and control mode functions that operate in a similar manner to soft no-load control being enabled (e.g., fig. 7 - “Wood mode”) and soft no-load mode being disabled (e.g., “Hammer mode”). The PWM duty values provided in fig. 4B represent at least three desired speeds and their corresponding rotational speeds at varying amounts of trigger pull. F. Suzuki (JP 2015-188981) teaches it is known in the art of electric work machines to provide a control circuit (40) that provides a mode of operation similar to a soft no-load motor control operation (translation, page 4, lines 42-55). In this mode, the electric work machine drives the saw blade at a constant velocity (V1) when the trigger is pulled until the workpiece is detected, wherein the electric work machine drives the saw blade at a second higher speed (V2) during the cutting of the workpiece (fig. 6 – solid line). Additionally, Suzuki teaches the electric work machine includes “a speed adjustment dial 24 … attached to … the second housing 12. The speed adjustment dial 24 sets a target rotational speed of the electric motor 16 when high speed control is selected as a mode for controlling the rotational speed of the electric motor 16. The speed adjustment dial 24 of the present embodiment is a rotary type and can be switched in stages by operating by an operator” (page 2, lines 43-46). Furthermore, Suzuki teaches in page 5, lines 39-43, “[w]hen switching from low speed control to high speed control, the amount of change in the peripheral speed of the band saw 17 per unit time increases as the number representing the mode increases. In mode 1 and mode 2, the amount of change in the peripheral speed of the band saw 17 is ‘small’. In mode 3 and mode 4, the amount of change in the peripheral speed of the band saw 17 is ‘medium’. [In mode 5 and mode 6, the] amount of change in the peripheral speed of the band saw 17 is ‘large’…” [emphasis added]. The statement of “the amount of change in the peripheral speed of the band saw 17 per unit time increases as the number representing the mode increases” suggests the motor accelerates faster in the higher modes in which the amount of change is larger in order to achieve the higher speeds thereof within the same amount of time as it takes the lower modes with the smaller amount of change to accelerate to their corresponding second speed. Moreover, Suzuki teaches the control circuit of the electric work machine provides a common speed profile when soft no-load is enabled regardless of which second speed is selected. Suzuki teaches the first speed control (V1, i.e., the values of the low speed circumferential movement of the band saw) are all 30 m/min (page 6, line 12), while the second speed controls (V2, i.e., the values for the high speed control (V2, i.e., the value of for the high speed for movement of the circumferential band saw movement modes) are 50 m/min, 80 m/min, 110 m/min, 140 m/min, 170 m/min, 200 m/min. However, regardless of which second speed is selected, Suzuki teaches the first speed control (V1, i.e., the values of the low speed movement of the circumferential band saw) is 30 [m/min] (page 6, line 12). This suggests it is known to have a common control scheme for initially controlling the motor up to the lower speed prior to detecting a load since all of the modes are driven at a low speed value of 30 m/min. It would have been obvious to one having an ordinary skill in the art before the filing of the invention to modify the electric work machine of Ito with the further disclosure of Ito and teaching of Dey, Kato-254, Kusakawa, Kato-550 and Suzuki such that the control circuit is configured to vary the actual rotation speed of the motor in accordance with the actual moved distance of the trigger according to a common control profile when soft no-load control is enabled and individualized speed profiles when soft no-load control is disabled in order to allow the user to feel and/or experience an increased level of direct control over the electric work machine, thereby improving their operating experience and because it is known to use a varying control parameters for electric work machines depending upon their intended use and the desired mode of increasing motor speed by way of actuating the trigger. Moreover, the aforementioned modifications would have been obvious to one having an ordinary skill in the art before the effective filing of the invention because all claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective function and the combination would have yielded predictable results. Regarding claim 7, the modified electric work machine of Ito substantially disclosed above includes wherein the control circuit is configured to, in the case in which the soft no-load rotation control is enabled, vary the actual rotational speed in accordance with the actual moved distance in response to a no-load being detected after the load is detected (Kato-254, para. 0069 and para. 0104, lines 3-7). Regarding claim 9, the modified electric work machine of Ito substantially disclosed above includes wherein the control circuit is configured to receive a specified signal (via setting switch 16 of Ito), to thereby switch the soft no-load rotation control either to be enabled or disabled (Ito, translation, page 5, lines 30-36). Regarding claim 11, the modified electric work machine of Ito substantially disclosed above includes wherein the drive switch is configured to output, to the control circuit, an electrical signal corresponding to the actual moved distance (Kato-254, para. 0053, lines 1-6). Regarding claim 12, the modified electric work machine of Ito substantially disclosed above fails to specifically disclose the electrical signal has a voltage that varies depending on the actual moved distance. However, Kato-550 teaches it is known in the art of electric working machines to provide a trigger (10) with a main switch (10a) and a manipulating amount sensor (10B). Kato-550 states in para. 0072, “[w]hile the trigger 10 is being pulled, the main switch 10A is in an ON state The manipulating amount sensor 10B includes a variable resistor where a resistance value changes according to a pulling amount of the trigger 10, and senses the pulling amount of the trigger 10 (in other words, a manipulating amount). It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the electric working machine of Ito substantially disclosed above with the teaching of Kato-550 such that the electrical signal has a voltage that varies depending on the actual moved distance because all claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective function and the combination would have yielded predictable results. Kato-550 specifically teaches this is a known method for providing conveying user input data to the electronic control system of the electric working machine. Regarding claim 13, the modified electric work machine of Ito substantially disclosed above includes the control circuit (Ito 36) is configured to detect the load (Ito, translation, page 5, lines 1-2). Regarding claim 14, the modified electric work machine of Ito substantially disclosed above includes a current detection circuit (Ito 34) configured to detect a value of a current flowing through the motor (Ito, translation, page 5, lines 1-3), wherein the control circuit is configured to detect the load based on the value of the current detected by the current detection circuit (Ito, translation, page 5, lines 3-6). Regarding claim 15, the modified electric work machine of Ito substantially disclosed above, as set forth in the 103 rejection for claim 2, includes a method of controlling a motor of an electric work machine, the method comprising: switching a soft no-load rotation control either to be enabled or disabled, the soft no-load rotation control being set as to increase a rotational speed of the motor from a preset speed in accordance with a detection of a load on the motor; setting a first desired speed or a second desired speed of the motor; manually moving a drive switch of the electric work machine so as to drive the motor; in a case in which the soft no-load rotation control is enabled, (i) varying an actual rotational speed of the motor in accordance with a moved distance of the drive switch and maintaining the actual rotational speed at the preset speed in response to the actual rotational speed reaching the preset speed, (ii) increasing the actual rotational speed from the preset speed in accordance with the actual moved distance, and maintaining the actual rotational speed at the first desired speed or the second desired speed in response to the actual rotational speed reaching the first desired speed or the second desired speed that has been set, and (iii) using a first group of rotational speeds to determine the actual rotational speed of the motor before the actual rotational speed reaches the preset speed regardless of whether the first desired speed or the second desired speed is set via the setting switch, the first group of rotational speeds corresponding to moved distances of the drive switch and being included in first correspondence data; and in a case in which the soft no-load rotation control is disabled, (i) varying the actual rotational speed in accordance with the actual moved distance [of the drive switch] in a manner at least partly distinct from a variation in the actual rotational speed in the case in which the soft no-load rotation control is enabled, and (ii) using either a first distinct group or a second distinct group among multiple distinct groups of rotational speeds to determine the actual rotational speed of the motor before the actual rotational speed reaches the preset speed based on whether the first desired speed or the second desired speed is set via the setting, the first and second distinct groups of rotational speeds corresponding to the moved distances of the drive switch and being included in second correspondence data, the first distinct group corresponding to the first desired speed and the second distinct group corresponding to the second desired speed, each of the first distinct group of rotational speeds and the second distinct group of rotational speeds being at least partly distinct from the first group of rotational speeds. As best understood, claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Ito (JP2018-202568) in view of Kato-254 (US Publication 2015/0042254) and further in view of Suzuki (JP 2015-188981). Regarding claim 6, Ito discloses an electric work machine comprising: a motor (30) configured to drive a tool (14) that is attached to the electric work machine (translation, page 3, lines 34-37); a drive switch (22) configured to be manually moved by a user of the electric work machine so as to drive the motor (translation, page 4, lines 25-28 and lines 32-33); a setting switch (16) configured to execute a first setting function (i.e., setting desired speed; translation, page 4, lines 4-8) and a second setting function (i.e., turning soft no-load rotation control on or off; translation, page 5, lines 30-36), the first setting function setting a first desired speed or a second desired speed of the motor (translation, page 4, lines 16-24), the second setting function enabling or disabling a soft no-load rotation control (translation, page 5, lines 30-36), the soft no-load rotation control being set as to increase a rotational speed of the motor from a preset speed (fig. 6, “S2”) in accordance with a detection of a load on the motor (translation, page 5, lines 20-26); and a control circuit (36) configured to: in a case in which the soft no-load rotation control is enabled via the setting switch (16), (i) increase an actual rotational speed of the motor to the preset speed and maintain the actual rotational speed at the preset speed in response to the actual rotation rotational speed reaching the preset speed (translation, page 5, lines 20-22); (ii) increase the actual rotational speed, independently of the actual moved distance (translation, page 5, lines 22-23), from the preset speed to the first desired speed or the second desired speed (i.e., the target speed S1 as established by first setting function of setting switch 16) that has been set via the setting switch (16) in response to a load on the motor being detected (translation, page 5, lines 22-23), and maintain the actual rotational speed at the first desired speed or the second desired speed (for as long as the cut is being performed); and in a case in which the soft no-load rotation control is disabled (translation, page 5, lines 38-40) via the setting switch (translation, page 5, lines 30-36), motor (30) is driven at target speed (S1) before an external load is applied to tool (14) (translation, page 5, lines 38-40). • Ito fails to disclose in the case in which the soft no-load rotation control is enabled via the setting switch, the control circuit is configured to (i) vary an actual rotational speed of the motor in accordance with an actual moved distance of the drive switch and maintain the actual rotational speed at the preset speed in response to the actual rotational speed reaching the preset speed. However, Kato-254 teaches it is known in the art of electric work machines to include a control circuit (20) configured to provide a soft no-load motor control (para. 0064) of a motor (9) in a variety of ways (para. 0066-0070). For example, Kato-254 teaches control circuit (20) is configured to (i) vary an actual rotational speed of the motor in accordance with an actual moved distance of the drive switch (para. 0068) and maintain the actual rotational speed at a preset speed in response to the actual rotational speed reaching the preset speed (para. 0066-0067). When a load is applied to the electric work machine, Kato-254 teaches the control circuit (ii) increases the actual rotational speed from the preset speed in accordance with the actual moved distance in response to a load on the motor being detected, and maintain the actual rotational speed at the desired speed in response to the actual rotational speed reaching the desired speed (para. 0069). Alternatively, Kato-254 teaches in para. 0070, “[v]arious approaches of driving the motor 9 under the loaded condition (i.e., when the soft no-load control is invalidated) are considered. For example, the motor 9 may be driven at a predetermined rotational speed (e.g., PWM duty 100%) higher than the above-described predetermined low rotational speed employed during the soft no-load control being executed” [emphasis added]. This approach of controlling motor (9) is similar to the manner in which Ito controls the motor. The teaching of Kato-254 suggests control circuit (20) can control and/or vary the actual rotational speed of the motor in an unloaded state in accordance with an actual moved distance of the drive switch (7) in combination with either manner of controlling motor (9) when a load is applied thereto (i.e., increase the speed in accordance with the actual moved distance of the drive switch or increase the speed to a predetermined speed). It would have been obvious to modify the electric work machine of Ito substantially disclosed above with the teaching of Kato-254 such that, in the case in which the soft no-load rotation control is enabled via the setting switch, the control circuit is configured to (i) vary an actual rotational speed of the motor in accordance with an actual moved distance of the drive switch and maintain the actual rotational speed at the preset speed in response to the actual rotational speed reaching the preset speed since both modes of controlling the motor in an unloaded state are known in the art and one having an ordinary skill in the art could have chosen the manner of controlling the motor in the unloaded state that best suites their personal operating preferences. For example, varying the speed of the motor in accordance with the actual moved distance of the drive switch prior to the load being imparted on the motor allows the operator to comfortably adjust the motor speed prior contact with the workpiece. • The modified electric work machine of Ito substantially disclosed above fails to disclose the following: in the case in which the soft no-load rotation control is enabled via the setting switch: (iii) use a first group of rotational speeds to determine the actual rotational speed of the motor before the actual rotational speed reaches the preset speed regardless of whether the first desired speed or the second desired speed is set via the setting switch (as taught by Suzuki), the first group of rotational speeds corresponding to moved distances of the drive switch and being included in first correspondence data; and in the case in which the soft no-load rotation control is disabled via the setting switch: (i) vary the actual rotational speed in accordance with the actual moved distance in a manner at least partly distinct from a variation in the actual rotational speed in the case in which the soft no-load rotation control is enabled, (ii) use either a first distinct group or a second distinct group among multiple distinct groups of rotational speeds to determine the actual rotational speed of the motor before the actual rotational speed reaches the preset speed based on whether the first desired speed or the second desired speed is set via the setting switch, the first and second distinct groups of rotational speeds corresponding to the moved distances of the drive switch and being included in second correspondence data, the first distinct group corresponding to the first desired speed and the second distinct group corresponding to the second desired speed, each of the first distinct group and the second distinct group being at least partly distinct from the first group of rotational speeds. However, Suzuki (JP 2015-188981) teaches it is known in the art of electric work machines to provide a control circuit (40) that provides a mode of operation similar to a soft no-load motor control operation (translation, page 4, lines 42-55). In this mode, the electric work machine drives the saw blade at a constant velocity (V1) when the trigger is pulled until the workpiece is detected, wherein the electric work machine drives the saw blade at a second higher speed (V2) during the cutting of the workpiece (fig. 6 – solid line). Additionally, Suzuki teaches the electric work machine includes “a speed adjustment dial 24 … attached to … the second housing 12. The speed adjustment dial 24 sets a target rotational speed of the electric motor 16 when high speed control is selected as a mode for controlling the rotational speed of the electric motor 16. The speed adjustment dial 24 of the present embodiment is a rotary type and can be switched in stages by operating by an operator” (page 2, lines 43-46). Furthermore, Suzuki teaches in page 5, lines 39-43, “[w]hen switching from low speed control to high speed control, the amount of change in the peripheral speed of the band saw 17 per unit time increases as the number representing the mode increases. In mode 1 and mode 2, the amount of change in the peripheral speed of the band saw 17 is ‘small’. In mode 3 and mode 4, the amount of change in the peripheral speed of the band saw 17 is ‘medium’. [In mode 5 and mode 6, the] amount of change in the peripheral speed of the band saw 17 is ‘large’…” [emphasis added]. The statement of “the amount of change in the peripheral speed of the band saw 17 per unit time increases as the number representing the mode increases” suggests the motor accelerates faster in the higher modes in which the amount of change is larger in order to achieve the higher speeds thereof within the same amount of time as it takes the lower modes with the smaller amount of change to accelerate to their corresponding second speed. Moreover, Suzuki teaches the control circuit of the electric work machine provides a common speed profile when soft no-load is enabled regardless of which second speed is selected. Suzuki teaches the first speed control (V1, i.e., the values of the low speed circumferential movement of the band saw) are all 30 m/min (page 6, line 12), while the second speed controls (V2, i.e., the values for the high speed control (V2, i.e., the value of for the high speed for movement of the circumferential band saw movement modes) are 50 m/min, 80 m/min, 110 m/min, 140 m/min, 170 m/min, 200 m/min. However, regardless of which second speed is selected, Suzuki teaches the first speed control (V1, i.e., the values of the low speed movement of the circumferential band saw) is 30 [m/min] (page 6, line 12). This suggests it is known to have a common control scheme for initially controlling the motor up to the lower speed prior to detecting a load since all of the modes are driven at a low speed value of 30 m/min. It would have been obvious to one having an ordinary skill in the art before the filing of the invention to modify the electric work machine of Ito with the further disclosure of Ito and teaching of Suzuki such that the control circuit is configured to vary the actual rotation speed of the motor in accordance with the actual moved distance of the trigger according to a common control profile when soft no-load control is enabled and individualized speed profiles when soft no-load control is disabled in order to allow the user to feel and/or experience an increased level of direct control over the electric work machine, thereby improving their operating experience and because it is known to use a varying control parameters for electric work machines depending upon their intended use and the desired mode of increasing motor speed by way of actuating the trigger. Moreover, the aforementioned modifications would have been obvious to one having an ordinary skill in the art before the effective filing of the invention because all claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective function and the combination would have yielded predictable results. As best understood, claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ito (JP2018-202568), Kato-254 (US Publication 2015/0042254) and Suzuki (JP 2015-188981) in further view of Kusakawa (US Publication 2015/0042247). Regarding claim 8, the modified electric work machine of Ito substantially disclosed above fails to specifically disclose the control circuit is configured to, in the case in which the soft no-load rotation control is enabled, maintain the actual rotational speed at the first desired speed or the second desired speed set via the setting switch in response to a no-load being detected after the load is detected. However, Kusakawa teaches it is known in the art of electric work machines to provide a variety of motor control options with regards to the motor speed in response to a no-load being detected after the load is detected (para. 0029). Kusakawa states, “the user can select whether to return the drive output to the drive output under no load each time the motor is brought into the unloaded state, or to maintain the drive output under load even if the motor is brought into the unloaded state after the motor has been brought into the loaded state” (para. 0029, lines 1-6). It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the electric work machine of Ito with the teaching of Kusakawa such that the control circuit is configured to, in the case in which the soft no-load rotation control is enabled, maintain the actual rotational speed at the first desired speed or the second desired speed set via the setting switch in response to a no-load being detected after the load is detected because Kusakawa teaches both options (as noted above) are provided for the user to improve the functionality of the tool. Response to Arguments Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. • Tange (US Publication 2005/0007167) discloses a PWM switching regulator control circuit. • Bodine et al (US Publication 2006/0060366) discloses a variable speed drill. • Rugen (EP 0893199) discloses a stationary machine tool with a motor control. • Serdynski et al (US Publication 2006/0117580) discloses a power tool with a variable speed switch. • Yanagihara et al (US Publication 2012/0152583) – para. 0042, “[t]he PWM signal generator 74 generates a PWM signal in accordance with an operation valuable applied to the trigger switch 16 by the user. The PWM signal generator 74 increase a duty ratio of the PWM signal as the operation valuable applied to the trigger switch 16 increases. The gate driver 72 controls PWM of the switching devices 41 to 46 in response to the PWM signal obtained from the PWM signal generator 74. In so doing, the gate driver 72 preferably performs complementary PWM control. As a result, losses due to PWM control can be reduced.” • White et al (US Publication 2016/0020433) discloses an electric work machine operable at various states (para. 0007). • Takano et al (US Publication 20170012572) discloses a working tool. • Takeda et al (US Publication 20190039227) discloses an electric work machine with control maps (e.g., fig. 7). • Sprague (US Publication 2021/0143709) states in para. 0128, “[t]he method 362 further includes, in response to determining that the motor unit 10 is operating in the no-load condition for a pre-determined period of time, reducing, using the electronic processor 302, the motor speed of the motor 36 to a no-load speed (at block 382). As discussed above, the electronic processor 302 may provide control signals to the power switching network 310 to control the speed of the motor 36 by selecting a particular pulse width modulated (PWM) duty cycle for driving the power switching network 310. The speed control may be open loop or closed loop. The electronic processor 302 may also shut-off (i.e., reduce the duty cycle to zero) the motor when the electronic processor 302 determines that the motor unit 10 is operating in the no-load condition for the pre-determined period of time. In one example, the electronic processor 302 reduces the speed of the motor 36 to a no-load speed by reducing a duty cycle of the pulse width modulated signals provided to the power switching network 310 to 5%, 10%, or 15%. The method 362 also includes, in response to determining that the motor unit 10 is not operating in the no-load condition for the pre-determined period of time, operating, using the electronic processor 302, the motor 36 at a loaded speed that is greater than the no-load speed (at block 386). For example, to operate at the loaded speed, the electronic processor 302 controls the power switching network 310 to operate the motor 36 according to the power or speed corresponding to the position of the user input device 322 or at full power (i.e., 100% duty cycle) (for example, when the motor unit 10 does not include a variable speed trigger). After block 382 and 386, respectively, the electronic processor 302 may loop back to execute block 366, thus providing continued load-based operation control throughout an operation of the motor unit 10.” • Woods (US Patent 7,928,673) discloses a current detection circuit configured to detect a value of a current flowing through the motor, wherein the control circuit is configured to detect the load based on the value of the current detected by the current detection circuit (col. 11, lines 20-34). • Fankhauser et al (US Publication 2014/0254620) discloses an electric work machine. • Ackerman et al (US Patent 9,991,825) discloses a modular electric work machine. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL ALLEN DAVIES whose telephone number is (571)270-1511. The examiner can normally be reached Monday-Friday; 9am-5pm EST. 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, Adam Eiseman can be reached at (571)270-3818. 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. /SAMUEL A DAVIES/Patent Examiner, Art Unit 3724 December 22, 2025 /BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
Read full office action

Prosecution Timeline

May 23, 2022
Application Filed
May 04, 2024
Non-Final Rejection — §103, §112
Aug 23, 2024
Interview Requested
Sep 05, 2024
Examiner Interview Summary
Sep 05, 2024
Applicant Interview (Telephonic)
Oct 09, 2024
Response Filed
Feb 22, 2025
Final Rejection — §103, §112
May 08, 2025
Applicant Interview (Telephonic)
May 08, 2025
Examiner Interview Summary
May 20, 2025
Request for Continued Examination
May 25, 2025
Response after Non-Final Action
Dec 22, 2025
Non-Final Rejection — §103, §112
Apr 07, 2026
Applicant Interview (Telephonic)
Apr 14, 2026
Examiner Interview Summary

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12552066
Cutting Apparatus with Multi-Directional Cutting Element
2y 5m to grant Granted Feb 17, 2026
Patent 12544947
FOOD SLICER ASSEMBLY
2y 5m to grant Granted Feb 10, 2026
Patent 12521805
Ring Saw
2y 5m to grant Granted Jan 13, 2026
Patent 12465982
TRACK SAW INCLUDING PLUNGE LOCKOUT MECHANISM
2y 5m to grant Granted Nov 11, 2025
Patent 12419229
ARRAY CUTTING KNIFE-TYPE COTTON TOPPING MACHINE AND CONTROL METHOD THEREOF
2y 5m to grant Granted Sep 23, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

3-4
Expected OA Rounds
37%
Grant Probability
67%
With Interview (+30.0%)
3y 11m
Median Time to Grant
High
PTA Risk
Based on 448 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month