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 .
DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/17/2026 has been entered.
Amendments of Claims 1 to 5, 7, 9 to 13 and 15 to 20 are acknowledged.
New Claims 21 and 22 are acknowledged, 21 is dependent of withdrawn Claim 1.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 15 and 22 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.
Regarding Claim 15:
The Claim includes the limitation: “wherein the parameter is at least one …”.
This is indefinite because Claim 9 discloses a first physical parameter and a second physical parameter but not a “parameter”.
Regarding Claim 22:
The Claim includes the limitation “the repetitive actions include using elements each having a parameter”. This in indefinite because Claim 9 already discloses a first physical parameter and a second physical parameter and it is not clear if this new “parameter” is just one of them or a new parameter not already disclosed. If it is going to be a new parameter the Examiner would appreciate it if a proper name were given to it to avoid additional confusion.
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.
Claims 9 to 15 are rejected under 35 U.S.C. 103 as being unpatentable over Miyazaki (US 2008/0173139) in view of Long (US 2008/0178713).
Regarding Claim 9:
Miyazaki discloses power tool for performing repetitive actions (Figure 5, Paragraph 0029, power tool 1 for a screw tightening operation), comprising:
a motor having a shaft; a switch (Figures 4 and 5, motor 11, trigger switch SW); and
a controller providing electric current to the motor to rotationally drive the shaft (Paragraph 0034, control circuit board 8a for monitoring the screw tightening operations and microcomputer 5a/CPU 21), continuously determining a first physical parameter related to a motion of the motor, identifying a change of the first physical parameter, determining a first variable related to the change of the first physical parameter (Paragraphs 0012, 0041 0047, when a measured battery voltage is lower than or equal to the second threshold greater than the first threshold, the power to the motor 11 is stopped and the operation is not completed and not counted, the battery voltage will be considered the first physical parameter and the readings taken by the controller of that voltage will be considered the first variable), determining a second physical parameter related to a motion of the motor, identifying a change of the second physical parameter, determining a second variable related to the change of the second physical parameter (The torque will be considered the second physical parameter and the changing value of torque will be considered the second variable), and recognizing an occurrence of one of the repetitive actions if the first variable is in a first prescribed range and, at a same time, the second variable is in a second prescribed range, wherein one of the repetitive actions is recognized only when the first variable is in the first prescribed range during a prescribed time period and the second variable is in the second prescribed range during the prescribed time period (Paragraph 0043, when a tightening torque becomes a specific value (i.e., when the clutch is driven), the shut-off signal (pulse signal) is transmitted from the photo-interrupter 4a to the CPU 21, and the CPU 21 automatically stops the motor 11. At this time, the number of tightening operations, i.e., "1" is counted by the screw tightening count unit 5, short of any other particular limitation this action will be considered as “indirectly increasing” since there is no actual visual verification that the operation was successfully completed, the operation is executed is executed in the same time period, note the indication of “at this time”).
Miyazaki does not disclose continuously determining the torque value since it uses a torque clutch and the actual torque value is not obtained; the determination is only of the torque value range.
Long teaches a similar power tool to fasten screws that can be powered by a battery (Figure 1, paragraph 0022, tightening tool 14), used to also read a fastener data storage device located on the fastener and configured to store data related to the associated fastener and has a controller configured to regulate operation of the tightening tool based on the sensed data (Abstract, paragraph 0010), the tool can be used to tighten a sequence of different bolts and applying the required amount of torque to each of them, then the controller may communicate to the operator which fastener is to be tightened next in the tightening sequence (paragraph 0043); the controller continuously determining the torque (Figure 4, step 126), identifying the increasing torque and ending the tightening sequence once the target load is reached and ending the process once all the fasteners are tightened (Steps 128 to 132).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to Miyazaki the teachings of Long and replace the “torque clutch” that needs to be adjusted for each different operation, for the means to read a fastener data storage device located on the fastener and configured to store data related to the associated fastener and configure the controller to regulate operation of the tightening tool based on the sensed data by continuously monitoring the torque applied for a tool required to tighten fasteners of different characteristics and requiring different tightening torque so the torque does not need to be adjusted individually. Note that the resulting tool would require the required measured voltage for the operation to be counted and also the right torque measured at the same time for the operation to be counted, so it would be obvious to do both readings at the same time.
Regarding Claim 10 to 13:
As already discussed for Claim 9, Miyazaki discloses that the battery voltage will be considered the first physical parameter and the readings taken by the controller of that voltage will be considered the first variable and The torque will be considered the second physical parameter and the changing value of torque will be considered the second variable.
Regarding Claims 15 and 22 (See rejections 112):
As already discussed for claim 9 above, the modified invention of Miyazaki discloses the invention as claimed.
The modified invention of Miyazaki does not disclose wherein the repetitive actions include using elements each having a parameter, and wherein the tightening comprises the controller assessing the parameter of an element used during a recognized one of the repetitive actions.
As discussed above, Long teaches a similar power tool to fasten fastener 12, that would be considered the claimed elements (Figure 1, paragraph 0022, tightening tool 14), used to also read a fastener data storage device located on the fastener (Figure 1, paragraph 0026, fastener data storage device 48 containing data related to the installation of fastener 12) and configured to store data related to the associated fastener and has a controller configured to regulate operation of the tightening tool based on the sensed data (Abstract, paragraph 0010); the sensed data will be considered the claimed parameter, wherein the parameter is at least one of a type, a size, a length, a width, a depth, a diameter, a material or a hardness of the element used (Paragraph 0020, the data may include, identification of associated mating hole 16, type of fastener 12 to be positioned at associated mating hole 16).
Therefore, it would have been obvious to a person having ordinary skill in the art to which the claimed invention pertains, before the effective filing date of the claimed invention, to incorporate to the modified invention of Miyazaki the teachings of Long and include means to read a fastener data storage device, including information of the type of fastener being tightened, located on the fastener and configured to store data related to the associated fastener and configure the controller to regulate operation of the tightening tool based on the sensed data by continuously monitoring the torque applied for a tool required to tighten fasteners of different characteristics and requiring different tightening torque so the torque does not need to be adjusted for each different operation.
Response to Arguments
Applicant's arguments filed 08/17/2026 have been fully considered but they are not persuasive.
The Applicant argues that “As appreciated by the Examiner, Miyazaki et al. fails to suggest determining a torque value”. The Examiner has to disagree on that. The Examiner indicates that Miyasaki does not determine a torque value during the whole operation, but certainly determines a range during all the operation and determines a torque value in the second prescribed range as claimed. Miyazaki discloses recognizing an occurrence of one of the repetitive actions if the first variable is in a first prescribed range and during the prescribed time period the second variable is in a second prescribed range.
As discussed in the interview, a single reference would be required to obtain the ranges of both the first and second variables at the same time, and Miyazaki does exactly that. Long is brought for the teachings of continuously determining the torque value and to also read a fastener data storage device located on the fastener to provide required torque information to the controller.
Same as indicated in the interview, the Examiner recommends trying to make the claims narrower; as an example, as written, claim 9 could be describing an electric car, measuring torque or voltage or speed or position, that are being measured continuously and at the same time. Also, as indicated in the previous action, even if the references would have been overcame, several others could have been used for a proper rejection of the claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In particular:
Liang (US 2017/0097269) discloses using the voltage to calculate and obtain the torque value from the rotational driving tool and also strain gauges to measure torque.
Stampfl (US 2016/0325391) discloses a similar tool including one or more current sensors, one or more voltage sensors, one or more temperature sensors, one or more speed sensors, one or more Hall Effect sensors, and using current to control torque;
Murui (US 2021/0331305) disclose also a similar tool with several sensors for current, vibration, temperature and sound,
Hita (US 2018/0185993) teaches a computing unit which counts the number of tightened threaded members and holds the counted number as a count value,
Hu (CN 109968265) and Chen (CN 111525513) disclose electric tools and control method comprising determining a first and a second parameter,
Ohmi (US 5609077) discloses obtaining torque and rotation angle values to control a tightening tool and
Badur (EP 0264034) teaches a Method Of And Device For Tightening A Screw Connection using the second derivative of the torque.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDUARDO R FERRERO whose telephone number is (571)272-9946. The examiner can normally be reached M-F 9:30-7:00.
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, SHELLEY SELF can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDUARDO R FERRERO/Examiner, Art Unit 3731
/ROBERT F LONG/Primary Examiner, Art Unit 3731
