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
This action is in response to applicant amendment received on 02/24/2026:
Amendments of Claims 1, 7, 9 and 15 are acknowledged.
Claim 14 is canceled.
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 9 to 13 and 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.
Regarding Claim 9:
The Claim includes the limitation: “indirectly increasing a count variable”. The Claim is indefinite because the Specification disclose “increasing a count variable”, but nowhere it is disclosed to “indirectly increase” it or the means and metes of the limitation.
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 Claims 9 to 15:
Miyazaki discloses a machine 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), 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 and recognizing an occurrence of one of the repetitive actions if the first variable is in a first prescribed range (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) and, at the same time, 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
indirectly increasing a count variable by one each time an occurrence of one of the repetitive actions is recognized (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).
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 if the torque exceeded or not the threshold value.
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.
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 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 individually as it is required if the tightening tool uses a torque clutch.
Response to Arguments
Applicant's arguments filed on 02/24/2026 have been fully considered but they are not persuasive.
The applicant argues that “Miyazaki does not teach or suggest indirectly increasing a count variable by one each time an occurrence of one of the repetitive actions is recognized”, that “the problem to be solved is related to an indirect counting of repetitive actions” and that “Long fails to teach a counting unit and certainly fails to teach an indirect counting unit”.
The Examiner has to disagree with this arguments, the limitation “indirectly increasing a count variable” is not disclosed in the Specification, “increasing a count variable” surely is, but nowhere “indirectly” doing it is mentioned and the meaning or scope of the limitation is not disclosed in the Specification or claims. Both Miyazaki and Long disclose counters that are increased when the desired torque for the elements is achieved, the elements are not directly “counted” physically but if the desired torque is achieved the controller decides to increase the count; in the particular case of Long, not only a counter is disclosed but a sequence on which the screws have to be fastened is disclosed and after completing one operation the tool is supposed to fasten the next screw on the sequence until all sequence is completed (See paragraphs 0034, 0035 and Figures 4 and 5). In both references the “increasing” is done in a way that can be considered “indirect” lacking any additional limitation.
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 outputted 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, and Badur (EP 0264034) teaches a Method Of And Device For Tightening A Screw Connection using the second derivative of the torque.
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 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.
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.
/EDUARDO R FERRERO/Examiner, Art Unit 3731
/ROBERT F LONG/Primary Examiner, Art Unit 3731
Prosecution Insights